Common use of Reports to Holders Clause in Contracts

Reports to Holders. (a) Whether or not required by the rules and regulations of the Commission, so long as any Securities are outstanding, Parent will file with the Commission, and furnish, or caused to be furnished to the Holders, copies of: (i) all quarterly and annual reports that would be required to be filed with the Commission on Forms 10-K and 10-Q (or successor forms) if Parent were required to file such reports (or Forms 20-F and 6-K (or successor forms) if Parent would qualify as a “foreign private issuer” as defined in Rule 405 under the Securities Act), which, in the case of annual reports, shall include a report thereon by Parent’s certified independent accounts; and (ii) all current reports that would be required to be filed with the Commission on Form 8-K (or successor form) if Parent were required to file such reports (or Form 6-K (or successor form) if Parent would qualify as a “foreign private issuer” as defined in Rule 405 under the Securities Act), in each case within 15 days of the time periods specified for filing of such reports in the Commission’s rules and regulations. (b) In addition, for so long as any Securities remain outstanding, Parent 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. (c) Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee’s receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates).

Reports to Holders. (a) Whether or not required by the rules and regulations of the Commission, so long as any Securities Notes are outstandingoutstanding hereunder, Parent will file with the Commission, and furnish, or caused to be furnished Issuers shall furnish to the Holders, copies ofTrustee and Holders thereof the following: (i1) all quarterly and annual reports financial information of Parent that would be required to be filed contained in a filing with the Commission on Forms 10-K Q and 10-Q (or successor forms) K if Parent were required to file such reports (or Forms 20-F and 6-K (or successor forms) if Parent would qualify as Forms, including a “foreign private issuerManagement’s Discussion and Analysis of Financial Condition and Results of Operations” as defined that describes the financial condition and results of operations of Parent and its consolidated Subsidiaries (showing in Rule 405 under reasonable detail, either on the Securities Act), which, face of the financial statements or in the case footnotes thereto and in Management’s Discussion and Analysis of Financial Condition and Results of Operations, the financial condition and results of operations of Unrestricted Subsidiaries of Parent, if any) and, with respect to the annual reportsinformation only, shall include a report thereon by Parent’s certified independent accountsaccountants; and (ii2) all current reports that would be required to be filed with the Commission on Form 8-K (or successor form) if Parent were required to file such reports (or Form 6-K (or successor form) if Parent would qualify as a “foreign private issuer” as defined in Rule 405 under the Securities Act)reports, in each case case, within 15 days of the time periods specified for filing of such reports in the Commission’s rules and regulations. (b) In addition, whether or not required by the rules and regulations of the Commission, Parent 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 Issuers and the Guarantors shall, for so long as any Securities Notes remain outstanding, Parent will 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) Delivery . The Issuers will comply with the provisions of such reports, information and documents to the Trustee is for informational purposes only and the Trustee’s receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ CertificatesTIA § 314(a).

Reports to Holders. (a) Whether or not required by the rules and regulations of the CommissionSEC, so long as any Securities Notes are outstanding, Parent will file with the Commission, and furnish, or caused to be furnished Issuer shall furnish to the HoldersTrustee and the Holders of Notes, copies of:within the time periods specified in the SEC’s rules and regulations (including any grace periods or extensions permitted by the SEC): (i1) all quarterly and annual reports financial information that would be required to be filed contained in a filing with the Commission SEC on Forms 10-K Q and 10-Q (or successor forms) K if Parent the Issuer were required to file such reports (or Forms 20-F and 6-K (or successor forms) if Parent would qualify as these Forms, including a “foreign private issuerManagement’s Discussion and Analysis of Financial Condition and Results of Operations” as defined in Rule 405 under and, with respect to the Securities Act)annual information only, which, in the case of annual reports, shall include a report thereon on the annual financial statements by Parentthe Issuer’s certified independent accountsregistered public accounting firm; and (ii2) all current reports that would be required to be filed with the Commission SEC on Form 8-K (or successor form) if Parent the Issuer were required to file such these reports. In addition, whether or not required by the SEC, the Issuer shall file a copy of all of the information and reports referred to in clauses (or Form 6-K 1) and (or successor form2) if Parent would qualify as a “foreign private issuer” as defined in Rule 405 under above with the Securities Act), in each case SEC for public availability within 15 days of the time periods specified for filing of such reports in the CommissionSEC’s rules and regulations. regulations (bunless the SEC will not accept the filing) In addition, for and make the information available to securities analysts and prospective investors upon request. For so long as any Securities Notes remain outstanding, Parent will the Issuer 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 delivered pursuant to Rule 144A(d)(4) under the Securities Act. (c) ; provided, however, that the Trustee shall have no obligation whatsoever to determine if such filing or posting has occurred. Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee’s receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the CompanyIssuer’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates).

Reports to Holders. (a) Whether So long as any Notes are outstanding, the Issuer shall furnish to the Holders or not cause the Trustee to furnish to the Holders, within the time periods that such information would have otherwise been required by to have been provided to the Commission if the rules and regulations of the Commission, so long as any Securities are outstanding, Parent will file with the Commission, and furnish, or caused to be furnished applicable to the Holders, copies offiling of such information were applicable to the Issuer: (i1) all quarterly and annual reports information that would be required to be filed with the Commission on (a) if the Issuer is a domestic issuer, Forms 10-K Q and 10-Q (or successor forms) K if Parent the Issuer were required to file such reports or (or Forms b) if the Issuer is a foreign private issuer, on 60 Form 6-K and Form 20-F and 6or Form 40-K F (or successor formsif eligible) if Parent would qualify as a “foreign private issuer” as defined in Rule 405 under the Securities Act), which, in the case of annual reports, shall include a report thereon by Parent’s certified independent accountsIssuer were required to file such forms; and (ii2) all current reports that would be required to be (a) filed if the Issuer is a domestic issuer with the Commission on Form 8-K (or successor form) if Parent the Issuer were required to file such reports or (or b) furnished if the Issuer is a foreign private issuer, to the Commission on Form 6-K (or successor form) if Parent would qualify as a “foreign private issuer” as defined in Rule 405 under the Securities Act), in each case within 15 days Issuer were required to furnish such reports. The availability of the time periods specified foregoing materials on either the Commission's ▇▇▇▇▇ service or on the Issuer's website shall be deemed to satisfy the Issuer's delivery obligation. 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 Issuer's consolidated financial statements by the Issuer's certified independent accountants. In addition, the Issuer shall cause a copy of all of the information and reports referred to in clauses (1) and (2) above to be posted no later than the date such information is required to be furnished to registered Holders, on the website of the Issuer (and remain there for filing a period of one year from the date of such reports in the Commission’s rules and regulations. (b) In additionposting). The Issuer shall also agree that, for so long as any Securities Notes remain outstanding, Parent will if at any time the Issuer and the Guarantors are not required to file reports under the Exchange Act with the Commission, the Issuer 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 any Parent Company has complied with the reporting requirements of Section 13 or 15(d) of the Exchange Act, if applicable, or has furnished the Holders or posted on its or the Issuer's website the reports described herein with respect to such Parent Company (c) Delivery of such reports, including any consolidating financial information and documents required by Regulation S-X relating to the Trustee is for informational purposes only Issuer and the Trustee’s receipt of such Guarantors), the Issuer shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Company’s be deemed to be in compliance with any the provisions of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates)this Section 4.18.

Reports to Holders. (a) Whether or not required by the rules and regulations of the CommissionSEC, so long as any Securities Notes are outstanding, Parent will the Partnership shall (i) furnish to the Holders of Notes (with a copy to the Trustee) or (ii) file electronically with the CommissionSEC through the SEC’s Electronic Data Gathering, Analysis and furnishRetrieval System (or any successor system), within the time periods applicable to a non-accelerated filer under Section 13(a) or caused to be furnished to 15(d) of the Holders, copies ofExchange Act: (i1) all quarterly and annual reports financial information that would be required to be filed contained in a filing with the Commission SEC on Forms 10-K Q and 10-Q (or successor forms) K if Parent the Partnership were required to file such reports (or Forms 20-F and 6-K (or successor forms) if Parent would qualify as these Forms, including a “foreign private issuerManagement’s Discussion and Analysis of Financial Condition and Results of Operations” as defined in Rule 405 under and, with respect to the Securities Act)annual information only, which, in the case of annual reports, shall include a report thereon on the annual financial statements by Parentthe Partnership’s certified independent accountsaccountants; and (ii2) all current reports that would be required to be filed with the Commission SEC on Form 8-K (or successor form) if Parent the Partnership were required to file these reports. Any and all Defaults or Events of Default arising from a failure to furnish or file in a timely manner a report or other information required by this covenant shall be deemed to be cured (and the Partnership shall be deemed to be in compliance with this covenant) upon furnishing or filing such reports report or information as contemplated by this covenant (but without regard to the date on which such report or Form 6-K (information is so furnished or successor form) if Parent would qualify as a “foreign private issuer” as defined in Rule 405 under filed); provided that such cure shall not otherwise affect the Securities Act), in each case within 15 days rights of the time periods specified for filing Holders or the Trustee under Section 6.01 if payment of the Notes has been accelerated in accordance with this Indenture and not rescinded or cancelled prior to such reports in the Commission’s rules and regulationscure. (b) In addition, for For so long as any Securities Notes remain outstanding, Parent the Partnership 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. (c) Delivery The delivery of such reports, information financial reports and documents statements to the Trustee is as provided herein shall be for informational purposes only only, and the Trustee’s receipt Trustee shall have no duty to review or analyze such reports or statements to determine compliance with covenants or other obligations of such the Issuers and shall not constitute constructive notice be deemed to have knowledge of any information matter 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 Officers’ Certificates)knowable therefrom.

Reports to Holders. (a) Whether or not To the extent such documents are required to be sent by the Company to the holders of its outstanding Common Stock, the Company shall file with the Warrant Agent and provide Holders of Warrants, within 15 days after it files them with the SEC, copies of its annual report and of the information, documents and other reports (or copies of such portions of any of the foregoing as the SEC may by rules and regulations of prescribe) which the Commission, so long as any Securities are outstanding, Parent will Company is required to file with the Commission, and furnish, SEC pursuant to Section 13 or caused 15(d) of the Exchange Act. Notwithstanding that the Company may not be required to be furnished remain subject to the Holdersreporting requirements of Section 13 or 15(d) of the Exchange Act, copies of: (i) all quarterly it shall continue to file with the SEC and, to the extent it is required to send such documents to the holders of its outstanding Common Stock, provide the Warrant Agent and annual the Holders of the Warrants with reports that containing substantially the same information as would be have been required to be filed with the Commission on Forms 10-K SEC and 10-Q (or successor forms) sent to holders of its outstanding Common Stock had the Company continued to have been subject to such reporting requirements; provided, however, that the Company shall not be so obligated to file with the SEC if Parent were 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 (or Forms 20-F and 6-K (or successor forms) if Parent would qualify as a “foreign private issuer” as defined in Rule 405 under the Securities Act), which, in the case of annual reports, shall include a report thereon by Parent’s certified independent accounts; and (ii) all current reports that would be required had it been subject to be filed with the Commission on Form 8-K (or successor form) if Parent were required to file such reports (or Form 6-K (or successor form) if Parent would qualify as a “foreign private issuer” as defined in Rule 405 under the Securities Act), in each case within 15 days of the time periods specified for filing of such reports in the Commission’s rules and regulations. (b) In addition, for so long as any Securities remain outstanding, Parent 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. (c) reporting retirements. Delivery of such reports, information and documents to the Trustee 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 Officers’ Certificates)hereunder.

Reports to Holders. (a) Whether or not required by the rules and regulations of the CommissionSEC, so long as any Securities Notes are outstanding, Parent will file with the Commission, and furnish, or caused to be furnished Issuer shall furnish to the HoldersTrustee, copies of:within the time periods specified in the SEC’s rules and regulations (including any grace periods or extensions permitted by the SEC): (i1) all quarterly and annual reports financial information that would be required to be filed contained in a filing with the Commission SEC on Forms 10-K Q and 10-Q (or successor forms) K if Parent the Issuer were required to file such reports (or Forms 20-F and 6-K (or successor forms) if Parent would qualify as these Forms, including a “foreign private issuerManagement’s Discussion and Analysis of Financial Condition and Results of Operations” as defined in Rule 405 under and, with respect to the Securities Act)annual information only, which, in the case of annual reports, shall include a report thereon on the annual financial statements by Parentthe Issuer’s certified independent accountsregistered public accounting firm; and (ii2) all current reports that would be required to be filed with the Commission SEC on Form 8-K (or successor form) if Parent the Issuer were required to file such these reports. In addition, whether or not required by the SEC, the Issuer shall file a copy of all of the information and reports referred to in clauses (or Form 6-K 1) and (or successor form2) if Parent would qualify as a “foreign private issuer” as defined in Rule 405 under above with the Securities Act), in each case SEC for public availability within 15 days of the time periods specified for filing of such reports in the CommissionSEC’s rules and regulations. regulations (bunless the SEC will not accept the filing) In addition, for and make the information available to securities analysts and prospective investors upon request. For so long as any Securities Notes remain outstanding, Parent will the Issuer 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 delivered pursuant to Rule 144A(d)(4) under the Securities Act. (c) ; provided, however, that the Trustee shall have no obligation whatsoever to determine if such filing or posting has occurred. Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee’s receipt of such shall not constitute constructive or actual 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 Officers’ Certificates).

Reports to Holders. (a) Whether or not required by So long as the rules and regulations Notes are outstanding the Issuer will deliver to the Trustee within 15 days after the filing of the Commissionsame 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 Issuer may not be subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, so long as any Securities the Notes are outstanding, Parent the Issuer will file with the CommissionSEC, in accordance with rules and furnishregulations prescribed from time to time by the SEC, or caused to be furnished to such of the Holderssupplementary and periodic information, copies of: (i) all quarterly documents and annual reports that would which may be required pursuant to be filed with Section 13 of the Commission on Forms 10-K and 10-Q (or successor forms) if Parent were required to file such reports (or Forms 20-F and 6-K (or successor forms) if Parent would qualify as a “foreign private issuer” as defined in Rule 405 under the Securities Exchange Act), which, in the case respect of annual reports, shall include a report thereon by Parent’s certified independent accounts; and (ii) all current reports that would security listed and registered on a national securities exchange as may be required to be filed with the Commission on Form 8-K (or successor form) if Parent were required to file prescribed in such reports (or Form 6-K (or successor form) if Parent would qualify as a “foreign private issuer” as defined in Rule 405 under the Securities Act), in each case within 15 days of the time periods specified for filing of such reports in the Commission’s rules and regulations. (bc) 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 Securities remain Notes are outstanding, Parent the Issuer 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. (ce) Delivery of such reports, reports and information and documents to the Trustee 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 Officers’ Certificatesan Officer’s Certificate).

Reports to Holders. (a) Whether or not required by the rules and regulations of the Commission, so long as any Securities Notes are outstanding, Parent the Issuer will file with furnish to the Commission, Trustee and furnish, or caused to be furnished to the Holders, copies ofas their names and addresses appear in the note register, or make available on the Issuer’s website, within the time periods specified in the Commission’s rules and regulations: (i1) all quarterly and annual reports financial information that would be required to be filed contained in a filing with the Commission on Forms 10-K Q and 10-Q (or successor forms) K if Parent the Issuer were required to file such reports (or Forms 20-F and 6-K (or successor forms) if Parent would qualify as including a “foreign private issuerManagement’s Discussion and Analysis of Financial Condition and Results of Operations” as defined in Rule 405 under and, with respect to the Securities Act)annual information only, which, in the case of annual reports, shall include a report thereon on the annual financial statements by Parentthe Issuer’s certified independent accountsaccountants; and (ii2) all current reports that would be required to be filed with the Commission on Form 8-K (or successor form) if Parent the Issuer were required to file such reports (reports, provided, however, that the Trustee shall have no responsibility whatsoever to determine if such filing or Form 6-K (or successor form) if Parent would qualify as a “foreign private issuer” as defined in Rule 405 under the Securities Act), in each case within 15 days of the time periods specified for filing of such reports in the Commission’s rules and regulationsposting has occurred. (b) In addition, whether or not required by the Commission, the Issuer will file a copy of all of the information and reports referred to in clauses (1) and (2) 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 such a filing) and make such information available to securities and analysts and prospective investors upon request. In addition, the Issuer has agreed that, for so long as any Securities Notes remain outstanding, Parent 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. (c) Delivery Notwithstanding the foregoing provisions of this Section 4.17, the Issuer will be deemed to have furnished reports referred to in clauses (1) and (2) above to the Trustee and the Holders if the Issuer has filed such reports with the Commission via the ▇▇▇▇▇ filing system and such reports are publicly available. (d) In addition, if at any time any parent company of the Issuer incurs a guarantee of the Notes (there being no obligation of any parent company of the Issuer to do so) and complies with the requirements of Rule 3-10 of Regulation S-X promulgated by the Commission (or any successor provision), the reports, information and other documents required to be filed and furnished to Holders pursuant to this Section 4.17 may, at the Trustee is option of the Issuer, be filed by and be those of such parent company rather than the Issuer. (e) The Issuer will also make available copies of all reports required by clauses (1) and (2) above, if and so long as the Euro-denominated Notes are listed on the Official List of the Luxembourg Stock Exchange and admitted for informational purposes only trading on the Euro MTF Market and the Trustee’s receipt rules and regulations of such the Luxembourg Stock Exchange so require, at the offices of the Euro Paying Agent in Luxembourg. If and for 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 and regulations of the Luxembourg Stock Exchange shall not constitute constructive notice so require, copies of any information contained therein or determinable from information contained thereinthe financial statements included in the Offering Memorandum may be obtained, including free of charge, during normal business hours at the Company’s compliance with any offices of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates)Euro Paying Agent.

Reports to Holders. (a) Whether or not required by the rules and regulations of the CommissionSEC, so long as any Securities Notes are outstanding, the Parent will file with the Commission, and furnish, or caused to be furnished shall furnish to the HoldersHolders of Notes, copies of:within the time periods specified in the SEC’s rules and regulations (including any grace periods or extensions permitted by the SEC): (i) commencing with the quarter ending June 30, 2012, all quarterly and annual reports financial information that would be required to be filed contained in a filing with the Commission SEC on Forms 10-K Q and 10-Q (or successor forms) K if the Parent were required to file such reports (or Forms 20-F and 6-K (or successor forms) if Parent would qualify as these Forms, including a “foreign private issuerManagement’s Discussion and Analysis of Financial Condition and Results of Operations” as defined in Rule 405 under and, with respect to the Securities Act)annual information only, which, in the case of annual reports, shall include a report thereon on the annual financial statements by the Parent’s certified independent accountsaccountants; and (ii) all current reports that would be required to be filed with the Commission SEC on Form 8-K (or successor form) if the Parent were required to file such reports (or Form 6-K (or successor form) if Parent would qualify as a “foreign private issuer” as defined in Rule 405 under the Securities Act), in each case within 15 days of the time periods specified for filing of such reports in the Commission’s rules and regulationsthese reports. (b) In addition, whether or not required by the SEC, the Parent shall file a copy of all of the information and reports referred to in clauses (a)(i) and (ii) 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 the filing) and make the information available to securities analysts and prospective investors upon request. For so long as any Securities Notes remain outstanding, Parent will the Issuer 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. (c) Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee’s receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates).

Reports to Holders. (a) Whether or not required by the rules and regulations of the Commission, so long as any Securities Notes are outstanding, Parent the Issuer will file with furnish to the Commission, Trustee and furnish, or caused to be furnished to the Holders, copies ofas their names and addresses appear in the note register, or make available on the Issuer’s website, within the time periods specified in the Commission’s rules and regulations: (i1) all quarterly and annual reports financial information that would be required to be filed contained in a filing with the Commission on Forms 10-K Q and 10-Q (or successor forms) K if Parent the Issuer were required to file such reports (or Forms 20-F and 6-K (or successor forms) if Parent would qualify as including a “foreign private issuerManagement’s Discussion and Analysis of Financial Condition and Results of Operations” as defined in Rule 405 under and, with respect to the Securities Act)annual information only, which, in the case of annual reports, shall include a report thereon on the annual financial statements by Parentthe Issuer’s certified independent accountsaccountants; and (ii2) all current reports that would be required to be filed with the Commission on Form 8-K (or successor form) if Parent the Issuer were required to file such reports (reports, provided, however, that the Trustee shall have no responsibility whatsoever to determine if such filing or Form 6-K (or successor form) if Parent would qualify as a “foreign private issuer” as defined in Rule 405 under the Securities Act), in each case within 15 days of the time periods specified for filing of such reports in the Commission’s rules and regulationsposting has occurred. (b) In addition, whether or not required by the Commission, the Issuer will file a copy of all of the information and reports referred to in clauses (1) and (2) 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 such a filing) and make such information available to securities and analysts and prospective investors upon request. In addition, the Issuer has agreed that, for so long as any Securities Notes remain outstanding, Parent 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. (c) Delivery Notwithstanding the foregoing provisions of this Section 4.17, the Issuer will be deemed to have furnished reports referred to in clauses (1) and (2) above to the Trustee and the Holders if the Issuer has filed such reports with the Commission via the ▇▇▇▇▇ filing system and such reports are publicly available. (d) In addition, if at any time any parent company of the Issuer incurs a guarantee of the Notes (there being no obligation of any parent company of the Issuer to do so) and complies with the requirements of Rule 3-10 of Regulation S-X promulgated by the Commission (or any successor provision), the reports, information and other documents required to be filed and furnished to Holders pursuant to this Section 4.17 may, at the Trustee is option of the Issuer, be filed by and be those of such parent company rather than the Issuer. (e) The Issuer will also make available copies of all reports required by clauses (1) and (2) above, if and so long as the Euro- denominated Notes are listed on the Official List of the Luxembourg Stock Exchange and admitted for informational purposes only trading on the Euro MTF Market and the Trustee’s receipt rules and regulations of such the Luxembourg Stock Exchange so require, at the offices of the Euro Paying Agent in Luxembourg. If and for 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 and regulations of the Luxembourg Stock Exchange shall not constitute constructive notice so require, copies of any information contained therein or determinable from information contained thereinthe financial statements included in the Offering Memorandum may be obtained, including free of charge, during normal business hours at the Company’s compliance with any offices of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates)Euro Paying Agent.

Reports to Holders. (a) Whether or not the Issuer or the Parent is subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act or otherwise reports on an annual and quarterly basis on forms provided for such annual and quarterly reporting pursuant to the rules and regulations of the Commission, so long as any Notes are outstanding under this Indenture, the Issuer or the Parent will furnish to the Trustee and Holders the following: (1) within the time period specified in the Commission’s rules and regulations for non-accelerated filers, annual reports of the Parent on Form 20-F or 10-K (as then applicable to 70 (b) In addition, whether or not required by the rules and regulations of the Commission, so long as any Securities are outstanding, the Issuer or the Parent will file with make all such reports and other information of the Commission, and furnish, or caused to be furnished to the Holders, copies of: (i) all quarterly and annual reports Parent that it would be required to be filed file as a foreign private issuer or otherwise as set forth in Section 4.13 (a) with the Commission on Forms 10publicly available (including via a non-K and 10-Q (or successor formspassword protected website) if Parent were required to file such reports (or Forms 20-F and 6-K (or successor forms) if Parent would qualify as a “foreign private issuer” as defined in Rule 405 under the Securities Act), which, in the case of annual reports, shall include a report thereon by Parent’s certified independent accounts; and (ii) all current reports that would be required to be filed with the Commission on Form 8-K (or successor form) if Parent were required to file such reports (or Form 6-K (or successor form) if Parent would qualify as a “foreign private issuer” as defined in Rule 405 under the Securities Act), in each case within 15 days of the time periods specified for filing above (unless the Commission will not accept such a filing) and make such information available to the Trustee and Holders of such reports in the Commission’s rules and regulations. (b) Notes upon request. In addition, the Issuer (or the Parent) and the Guarantors shall, for so long as any Securities Notes remain outstanding, Parent will 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) Delivery Whether the Parent files such reports with the Commission or posts such reports on its website, the public posting of such reports, information and documents reports shall satisfy any requirement hereunder to deliver such reports to the Trustee is for informational purposes only and Holders of the Notes; provided , that the Trustee shall have no obligation whatsoever to determine whether or not such reports and information have been so filed or posted. The terms of this Indenture shall not impose any duty on the Issuer of the Parent under the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 and the Trustee’s receipt of such shall related Commission rules that would 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 otherwise be applicable to which the Trustee is entitled to rely exclusively on Officers’ Certificates).it. 71

Reports to Holders. (a) Whether or not required by the rules and regulations of the CommissionSEC, so long as any Securities Notes are outstanding, Parent will file with the Commission, and furnish, or caused to be furnished Issuer shall furnish to the HoldersHolders of Notes (with a copy to the Trustee), copies of:within the time periods specified in the SEC’s rules and regulations (including any grace periods or extensions permitted by the SEC): (i1) all quarterly and annual reports financial information that would be required to be filed contained in a filing with the Commission SEC on Forms 10-K Q and 10-Q (or successor forms) K if Parent the Issuer were required to file such reports (or Forms 20-F and 6-K (or successor forms) if Parent would qualify as these Forms, including a “foreign private issuerManagement’s Discussion and Analysis of Financial Condition and Results of Operations” as defined in Rule 405 under and, with respect to the Securities Act)annual information only, which, in the case of annual reports, shall include a report thereon on the annual financial statements by Parentthe Issuer’s certified independent accountsregistered public accounting firm; and (ii2) all current reports that would be required to be filed with the Commission SEC on Form 8-K (or successor form) if Parent the Issuer were required to file such these reports. In addition, whether or not required by the SEC, the Issuer shall file a copy of all of the information and reports referred to in clauses (or Form 6-K 1) and (or successor form2) if Parent would qualify as a “foreign private issuer” as defined in Rule 405 under above with the Securities Act), in each case SEC for public availability within 15 days of the time periods specified for filing of such reports in the CommissionSEC’s rules and regulations. regulations (bunless the SEC will not accept the filing) In addition, for and make the information available to securities analysts and prospective investors upon request. For so long as any Securities Notes remain outstanding, Parent will the Issuer 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 delivered pursuant to Rule 144A(d)(4) under the Securities Act. (c) . Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee’s receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the CompanyIssuer’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates).

Reports to Holders. (a) Whether or not required by the rules and regulations of the Commission, so long as any Securities are outstanding, Parent the Issuer will file with the Commission, and furnish, or caused to be furnished furnish to the Holders, copies ofwithin the time periods specified in the Commission’s rules and regulations: (i1) all quarterly and annual reports financial information that would be required to be filed contained in a filing with the Commission on Forms 10-K Q and 10-Q (or successor forms) K if Parent the Issuer were required to file such reports (or Forms 20-F and 6-K (or successor forms) if Parent would qualify as Forms, including a “foreign private issuerManagement’s Discussion and Analysis of Financial Condition and Results of Operations” as defined in Rule 405 under and, with respect to the Securities Act)annual information only, which, in the case of annual reports, shall include a report thereon on the annual financial statements by Parentthe Issuer’s certified independent accountsaccountants; and (ii2) all current reports that would be required to be filed with the Commission on Form 8-K (or successor form) if Parent the Issuer were required to file such reports (or Form 6-K (or successor form) if Parent would qualify as a “foreign private issuer” as defined in Rule 405 under the Securities Act), in each case within 15 days of the time periods specified for filing of such reports in the Commission’s rules and regulationsreports. (b) In addition, whether or not required by the Commission, the Issuer will file a copy of all of the information and reports referred to in clauses (1) and (2) 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 such a filing) and make such information available to securities analysts and prospective investors upon request. In addition, the Issuer has agreed that, for so long as any Securities remain outstanding, Parent 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. (c) Delivery In addition, if at any time any parent company of such the Issuer becomes a Guarantor (there being no obligation of any parent company of the Issuer to do so) and complies with the requirements of Rule 3-10 of Regulation S-X promulgated by the Commission (or any successor provision), the reports, information and other documents required to be filed and furnished to Holders pursuant to this Section 4.17 may, at the Trustee is for informational purposes only option of the Issuer, be filed by and the Trustee’s receipt be those of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including parent company rather than the Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates)Issuer.