Financial Reporting Covenant Condition

Financial Reporting Covenant Condition. The Company will be deemed to have satisfied the "Financial Reporting Covenant Condition" if it has delivered to the Trustee an Officers' Certificate certifying that it has filed with the SEC (a) the Annual Report on Form 10-K for the year ended December 31, 2005, and (b) each of the Quarterly Reports on Form 10-Q that would be required to be filed pursuant to Section 4.03 of this Indenture if the Notes were not accruing Special Interest.

Financial Reporting Covenant Condition. Means the date at which the Company has filed with the Trustee an amendment to its Annual Report on Form 10-K for the year ended December 31, 2005, an amendment to its Quarterly Report on Form 10-Q for the quarter ended March 31, 2006, each including restated financial statements, and any further periodic reports required to be filed with the SEC for each period ending after March 31, 2006.