7.1
COMPANY TO FURNISH TRUSTEE NAMES AND ADDRESSES OF
HOLDERS.
The Company will furnish or cause to be furnished to the Trustee:
(a)
semiannually, on or before June 30 and December 31 of each year, a
list, in such form as the Trustee may reasonably require, of the names and
addresses of the Holders as of a date not more than fifteen (15) days prior to
the delivery thereof, and
(b)
at such other times as the Trustee may request in writing, within
thirty (30) days after the receipt by the Company of any such request, a list of
similar form and content as of a date not more than fifteen (15) days prior to
the time such list is furnished,
in each case to the extent such information is in the possession or control of
the Company and has not otherwise been received by the Trustee in its capacity
as Securities Registrar.
SECTION 7.2
PRESERVATION OF INFORMATION, COMMUNICATIONS TO
HOLDERS.
(A)
THE TRUSTEE SHALL PRESERVE, IN AS CURRENT A FORM AS IS REASONABLY
PRACTICABLE, THE NAMES AND ADDRESSES OF HOLDERS CONTAINED IN THE MOST RECENT
LIST FURNISHED TO THE TRUSTEE AS PROVIDED IN SECTION 7.1 AND THE NAMES AND
ADDRESSES OF HOLDERS RECEIVED BY THE TRUSTEE IN ITS CAPACITY AS SECURITIES
REGISTRAR.
THE TRUSTEE MAY DESTROY ANY LIST FURNISHED TO IT AS PROVIDED IN
SECTION 7.1 UPON RECEIPT OF A NEW LIST SO FURNISHED.
(B)
THE RIGHTS OF HOLDERS TO COMMUNICATE WITH OTHER HOLDERS WITH
RESPECT TO THEIR RIGHTS UNDER THIS INDENTURE OR UNDER THE SECURITIES, AND THE
CORRESPONDING RIGHTS AND PRIVILEGES OF THE TRUSTEE, SHALL BE AS PROVIDED IN THE
TRUST INDENTURE ACT.
(C)
EVERY HOLDER OF SECURITIES, BY RECEIVING AND HOLDING THE SAME,
AGREES WITH THE COMPANY AND THE TRUSTEE THAT NEITHER THE COMPANY NOR THE TRUSTEE
NOR ANY AGENT OF EITHER OF THEM SHALL BE HELD ACCOUNTABLE BY REASON OF THE
DISCLOSURE OF INFORMATION AS TO THE NAMES AND ADDRESSES OF THE HOLDERS MADE
PURSUANT TO THE TRUST INDENTURE ACT.
SECTION 7.3
REPORTS BY COMPANY AND GUARANTOR.
(A)
THE COMPANY SHALL FURNISH, OR SHALL CAUSE THE GUARANTOR TO
FURNISH, TO THE HOLDERS AND TO PROSPECTIVE PURCHASERS OF SECURITIES, UPON THEIR
REQUEST, THE INFORMATION REQUIRED TO BE FURNISHED PURSUANT TO
RULE 144A(D)(4) UNDER THE SECURITIES ACT.
THE DELIVERY REQUIREMENT SET FORTH IN
THE PRECEDING SENTENCE MAY BE SATISFIED BY COMPLIANCE WITH SECTION 7.3(B).
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(B)
THE COMPANY SHALL FURNISH, AND SHALL CAUSE THE GUARANTOR TO
FURNISH, TO EACH OF (I) THE TRUSTEE, (II) THE HOLDERS, AND TO SUBSEQUENT HOLDERS
OF SECURITIES, (III) THE COLLATERAL MANAGER
AND (IV) ANY BENEFICIAL OWNER OF
THE SECURITIES REASONABLY IDENTIFIED TO THE COMPANY (WHICH IDENTIFICATION MAY BE
MADE EITHER BY SUCH BENEFICIAL OWNER OR BY THE COLLATERAL MANAGER), A DULY
COMPLETED AND EXECUTED CERTIFICATE OF THE COMPANY AND THE GUARANTOR
SUBSTANTIALLY AND SUBSTANTIVELY IN THE FORM ATTACHED HERETO AS EXHIBIT A,
INCLUDING THE CONSOLIDATED FINANCIAL STATEMENTS REFERENCED IN SUCH EXHIBIT,
WHICH CERTIFICATE AND FINANCIAL STATEMENTS SHALL BE SO FURNISHED NOT LATER