Saks Fifth Avenue 2008 Annual Report Download - page 126

Notwithstanding any of the foregoing, the failure of the Company to comply with Section 7.04, 10.10 or 10.12 of this
Indenture, or §314 of the Trust Indenture Act, before the Covenant Reversion Date shall not constitute a Default under clause
(c) above.
ARTICLE III
HOLDERS’ LISTS AND REPORTS BY TRUSTEE AND COMPANY
Section 3.01. Reports by Company and Each Guarantor.
Section 7.04 of the Original Indenture shall be deleted in its entirety and replaced with the following:
Section 7.04. Reports by Company and Each Guarantor.
The Company and each Guarantor shall, except as otherwise provided in this Section 7.04:
(a) file with the Commission, the copies of annual reports and of the information, documents and other reports (or copies o
f
such portions of any of the foregoing as the Commission may from time to time by rules and regulations prescribe) required to
be filed with Commission pursuant to Section 13 or Section 15 of the Exchange Act, whether or not the Company or any
Guarantor has a class of securities registered under the Exchange Act;
(b) file with the Trustee within 15 days after it files or would be required to file the information specified in subsection
(a) of this Section 7.04 reports and documents with the Commission copies of such information;
(c) 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 and each
Guarantor with the conditions and covenants of this Indenture as maybe required from time to time by such rules and
regulations; and
(d) transmit by mail to all Holders, as their names and addresses appear in the Note Register, within 30 days after the filing
thereof with the Trustee, such summaries of any information, documents and reports required to be filed by the Company and
each Guarantor pursuant to subsections (a) and (c) of this Section as may be required by rules and regulations prescribed from
time to time by the Commission.
Notwithstanding any other provision of this Section 7.04 or this Indenture, the information, documents and reports referred
to in this Section 7.04 that the Company or the Guarantors would have been required to file with the Commission or the Trustee
or transmit to the Holders on any date on or before the Covenant Reversion Date (but for this sentence) will not be required to be
filed or transmitted by the Company or the Guarantors until the Covenant Reversion Date.