Common use of Additional Reports and Information Clause in Contracts

Additional Reports and Information. (a) The Company and Parent shall each furnish to the other copies of any reports of the type referred to in Sections 3.4 and 4.4 which it files with the SEC on or after the date hereof, and each of the Company and Parent, as the case may be, represents and warrants that as of the respective dates thereof, such reports will not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statement therein, in light of the circumstances under which they were made, not misleading. Any unaudited consolidated interim financial statements included in such reports (including any related notes and schedules) will fairly present the financial position of the Company and its consolidated Subsidiaries or Parent and its consolidated Subsidiaries, as the case may be, as of the dates thereof and the results of operations and changes in financial position or other information included therein for the periods or as of the date then ended (subject, where appropriate, to normal year-end adjustments), in each case in accordance with past practice and GAAP consistently applied during the periods involved (except as otherwise disclosed in the notes thereto). (b) The financial statements and management's discussion and analysis contained in the Company's Annual Report on Form 10-K for the year ended December 31, 1997 (the "Company 1997 10-K"), when filed with the SEC, will not vary in any material respect from the financial statements and management's discussion and analysis contained in the draft of the Company's Annual Report to Stockholders provided to Parent prior to the date hereof. (c) The Company shall provide Parent with a copy of the Company 1997 10-K no less than three business days prior to filing it with the SEC and provide as soon as practicable any changes thereto. (d) Within seven days of the date hereof, the Company shall provide a written schedule to Parent setting forth (i) the taxable years of the Company for which the statute of limitations with respect to Material State income Taxes have not expired, and (ii) with respect to Material State income Taxes, for all taxable years for which the statute of limitations has not expired, those years for which examinations have been completed, those years for which examinations are presently being conducted, and those years for which examinations have not yet been initiated.

Additional Reports and Information. (a) The Company and Parent shall each furnish to the other Parent copies of any all reports of the type referred to in Sections Section 3.4 and 4.4 which it files with the SEC on or after the date hereof, and each of the Company and Parent, as the case may be, represents and warrants that as of the respective dates thereof, such reports will not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statement statements therein, in light of the circumstances under which they were made, not misleading. Any The audited consolidated financial statements and the unaudited consolidated interim financial statements included in such reports (including any related notes and schedules) will fairly present the financial position of the Company and its consolidated Subsidiaries or Parent and its consolidated Subsidiaries, as the case may be, as of the dates thereof and the results of operations and changes in financial position cash flows or other information included therein for the periods or as of the date then ended (subject, where appropriatein the case of the interim financial statements, to normal normal, year-end adjustmentsadjustments and the absence of footnotes), in each case in accordance with past practice and GAAP consistently applied during the periods involved (except as otherwise disclosed in the notes thereto). (b) The financial statements and management's discussion and analysis contained in Parent shall furnish to the Company's Annual Report on Form 10-K for the year ended December 31, 1997 (the "Company 1997 10-K"), when filed with the SEC, will not vary in any material respect from the financial statements and management's discussion and analysis contained in the draft copies of all reports of the Company's Annual Report type referred to Stockholders provided to Parent prior to the date hereof. (c) The Company shall provide Parent with a copy of the Company 1997 10-K no less than three business days prior to filing in Section 4.4 which it files with the SEC and provide as soon as practicable any changes thereto. (d) Within seven days of on or after the date hereof, and the Company shall provide a written schedule to Parent setting forth (i) the taxable years represents and warrants that as of the Company respective dates thereof, such reports will not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading. The audited consolidated financial statements and the unaudited consolidated interim financial statements included in such reports (including any related notes and schedules) will fairly present the financial position of the Parent and its consolidated Subsidiaries as of the dates thereof and the results of operations and cash flows or other information included therein for which the statute periods or as of limitations the date then ended (subject, in the case of the interim financial statements, to normal, year-end adjustments and the absence of footnotes), in each case in accordance with respect to Material State income Taxes have not expired, past practice and GAAP consistently applied during the periods involved (ii) with respect to Material State income Taxes, for all taxable years for which except as otherwise disclosed in the statute of limitations has not expired, those years for which examinations have been completed, those years for which examinations are presently being conducted, and those years for which examinations have not yet been initiatednotes thereto).

Additional Reports and Information. (a) The Company and Parent shall each furnish to the other Alcoa copies of any all reports of the type referred to in Sections Section 3.4 and 4.4 which it files with the SEC on or after the date hereof, and each of the Company and Parent, as the case may be, represents and warrants that as of the respective dates thereof, such reports will not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statement statements therein, in light of the circumstances under which they were made, not misleading. Any The audited consolidated financial statements and the unaudited consolidated interim financial statements included in such reports (including any related notes and schedules) will fairly present the financial position of the Company and its consolidated Subsidiaries or Parent and its consolidated Subsidiaries, as the case may be, as of the dates thereof and the results of operations and changes in financial position cash flows or other information included therein for the periods or as of the date then ended (subject, where appropriatein the case of the interim financial statements, to normal normal, recurring year-end adjustments), in each case in accordance with GAAP consistently applied during the periods involved (except as otherwise disclosed in the notes thereto). (b) Alcoa shall furnish to the Company copies of all reports of the type referred to in Section 4.4 which it files with the SEC on or after the date hereof, and Alcoa represents and warrants that as of the respective dates thereof, such reports will not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading. The audited consolidated financial statements and the unaudited consolidated interim financial statements included in such reports (including any related notes and schedules) will fairly present the financial position of Alcoa and its consolidated Subsidiaries as of the dates thereof and the results of operations and cash flows or other information included therein for the periods or as of the date then ended (subject, in the case of the interim financial statements, to normal, recurring year-end adjustments), in each case in accordance with past practice and GAAP consistently applied during the periods involved (except as otherwise disclosed in the notes thereto). (b) The financial statements and management's discussion and analysis contained in the Company's Annual Report on Form 10-K for the year ended December 31, 1997 (the "Company 1997 10-K"), when filed with the SEC, will not vary in any material respect from the financial statements and management's discussion and analysis contained in the draft of the Company's Annual Report to Stockholders provided to Parent prior to the date hereof. (c) The Company shall provide Parent with a copy of the Company 1997 10-K no less than three business days prior to filing it with the SEC and provide as soon as practicable any changes thereto. (d) Within seven days of the date hereof, the Company shall provide a written schedule to Parent setting forth (i) the taxable years of the Company for which the statute of limitations with respect to Material State income Taxes have not expired, and (ii) with respect to Material State income Taxes, for all taxable years for which the statute of limitations has not expired, those years for which examinations have been completed, those years for which examinations are presently being conducted, and those years for which examinations have not yet been initiated.

Additional Reports and Information. Borrowers shall deliver to Administrative Agent the following additional reports and information: (ai) The Company and Parent from time to time, if any Lender determines that obtaining appraisals is necessary in order for such Lender to comply with applicable Requirements of Law (including any appraisals required to comply with FIRREA), Borrowers shall each furnish to Administrative Agent appraisal reports in form and substance and from appraisers reasonably satisfactory to Administrative Agent stating the other copies then current fair market value of the Projects; provided, however, that such report shall not be required more frequently than once during the term of the Loan unless (A) an Event of Default exists or (B) any reports Lender is required to obtain such report under applicable Requirements of Law more frequently than once during the term of the Loan; CONA – Healthcare Trust, Inc. 92119388.8 (ii) within thirty (30) days following the request of Administrative Agent, a description of the type referred and amount of all capital expenditures at the Projects during the prior calendar year; (iii) within thirty (30) days following the request of Administrative Agent, evidence satisfactory to Administrative Agent that all federal and state taxes, including without limitation, payroll taxes, that are due have been paid in Sections 3.4 and 4.4 which it files with the SEC on or after the date hereof, full by Borrowers and each of the Company and Parentother Borrower Party, as the case may be, represents and warrants that as of the respective dates thereof, such reports will not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary delivered to make the statement therein, in light of the circumstances under which they were made, not misleading. Any unaudited consolidated interim financial statements included in such reports Administrative Agent (including any related notes and schedules) will fairly present the financial position of the Company and its consolidated Subsidiaries or Parent and its consolidated Subsidiaries, as the case may be, as of the dates thereof and the results of operations and changes in financial position or other information included therein for the periods or as of the date then ended (subject, where appropriate, to normal year-end adjustments), in each case in accordance with past practice and GAAP consistently applied during the periods involved (except as otherwise disclosed in the notes thereto). (b) The financial statements and management's discussion and analysis contained in the Company's Annual Report on Form 10-K for the year ended December 31, 1997 (the "Company 1997 10-K"), when filed with the SEC, will not vary in any material respect from the financial statements and management's discussion and analysis contained in the draft of the Company's Annual Report to Stockholders provided to Parent prior to the date hereof. (c) The Company shall provide Parent with a copy of the Company 1997 10-K no less than three business days prior to filing it with the SEC and provide as soon as practicable any changes thereto. (d) Within seven days of the date hereof, the Company shall provide a written schedule to Parent setting forth (i) the taxable years of the Company for which the statute of limitations with respect to Material State income Taxes have not expired, and (iiA) with respect to Material State income Taxesfederal and state taxes (other than payroll taxes), for all taxable years for which within ten (10) days after the statute required filing date of limitations has not expired, those years for which examinations have been completed, those years for which examinations are presently being conductedthe applicable tax return, and those years (B) with respect to payroll taxes, within thirty (30) days following the end of each calendar quarter; (iv) within thirty (30) days after Administrative Agent’s request therefor, (A) a general ledger for Borrowers (which examinations have not yet been initiatedmay be prepared on a consolidated basis) and (B) an accounts receivable and accounts payable aging report for the Projects; (v) to the extent requested by Administrative Agent, copies of the regular monthly bank statements of Borrowers; and (vi) promptly following any request therefor, information and documentation reasonably requested by Administrative Agent or any Lender for purposes of compliance with applicable “know your customer” requirements under the Patriot Act or other applicable anti-money laundering laws.

Additional Reports and Information. (a) The Company Upon request of INVU or Montague, Sunburst shall prepare and Parent shall each file all such reports or documents with any Governmental Entity, the OTC Bulletin Board or any securities manual exemption publication (including Standard & Poor's Corporation) that, in connection with the transactions contemplated herein, may be deemed by INVU or Montague to be necessary or advisable in order (i) to comply with any applicable federal or state securities laws or (ii) to create or maintain a trading market for the Sunburst Common Stock. (b) Sunburst will (i) cooperate with INVU, Montague and their respective counsel in connection with such reports and documents and furnish to the other copies of any reports them all information, written or oral, relating to Sunburst or Sunburst Common Stock as may reasonably be requested in connection with this Section 7.11(a), and (ii) in connection with Section 6.8 hereof, cooperate with INVU, Montague and their respective counsel, investment bankers and brokers and provide all such information, written or oral, and documents as may be reasonably requested in connection therewith. (c) None of the type referred information supplied or to in Sections 3.4 and 4.4 which it files with the SEC on or after the date hereof, and each of the Company and Parent, as the case may be, represents and warrants that as of the respective dates thereof, such reports be supplied by Sunburst pursuant to this Section 7.11 will not contain any untrue statement of a material fact or omit to state a any material fact required to be stated therein or necessary to make the statement therein, in light of the circumstances under which they were made, statements made therein not misleading. Any unaudited consolidated interim financial statements included in such reports (including If at any related notes and schedules) will fairly present the financial position of the Company and its consolidated Subsidiaries or Parent and its consolidated Subsidiaries, as the case may be, as of the dates thereof and the results of operations and changes in financial position or other information included therein for the periods or as of the date then ended (subject, where appropriate, to normal year-end adjustments), in each case in accordance with past practice and GAAP consistently applied during the periods involved (except as otherwise disclosed in the notes thereto). (b) The financial statements and management's discussion and analysis contained in the Company's Annual Report on Form 10-K for the year ended December 31, 1997 (the "Company 1997 10-K"), when filed with the SEC, will not vary in any material respect from the financial statements and management's discussion and analysis contained in the draft of the Company's Annual Report to Stockholders provided to Parent time prior to the date hereof. (c) The Company Closing Date any event or circumstance relating to Sunburst or any of its affiliates, or its or their respective officer or directors, should be discovered by Sunburst that should be set forth in an amendment or supplement to a report, document or information described above, Sunburst shall provide Parent with a copy of the Company 1997 10-K no less than three business days prior to filing it with the SEC promptly inform INVU and provide as soon as practicable any changes theretoMontague. (d) Within seven days All of the date hereofreports, documents or information that Sunburst is required to file with any Governmental Entity pursuant to this Section 7.11 in connection with the Company shall provide a written schedule transactions contemplated hereby will comply as to Parent setting forth (i) form in all material respects with the taxable years provisions of applicable law, including applicable provisions of the Company for which Exchange Act and the statute of limitations with respect to Material State income Taxes have not expiredrules and regulations thereunder, and (ii) each such report or document required to be filed with respect any third party or Governmental Entity will comply with the provisions of the applicable rules or laws as to Material State income Taxes, for all taxable years for which the statute of limitations has not expired, those years for which examinations have been completed, those years for which examinations are presently being conducted, and those years for which examinations have not yet been initiatedinformation required to be contained therein.

Additional Reports and Information. (a) The Company and Parent shall each furnish to the other Bidder copies of any all reports of the type referred to in Sections Section 3.4 and 4.4 which it or Life Technologies files with the SEC on or after the date hereof, and each of the Company and Parent, as the case may be, represents and warrants that as of the respective dates thereof, such reports will not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statement statements therein, in light of the circumstances under which they were made, not misleading. Any The audited consolidated financial statements and the unaudited consolidated interim financial statements included in such reports (including any related notes and schedules) will fairly present the financial position of the Company and its consolidated Subsidiaries or Parent Life Technologies and its consolidated Subsidiaries, as the case may be, as of the dates thereof and the results of operations and changes in financial position cash flows or other information included therein for the periods or as of the date then ended (subject, where appropriatein the case of the interim financial statements, to normal normal, recurring year-end adjustments), in each case in accordance with GAAP consistently applied during the periods involved (except as otherwise disclosed in the notes thereto). The Company shall furnish to the Bidder on a monthly basis a consolidating balance sheet for the Company and its consolidated subsidiaries and the monthly internal financial report for Life Technologies and its Subsidiaries which are currently being prepared in the ordinary course of business (with deletions reasonably necessary to comply with applicable antitrust laws). (b) The Bidder shall furnish to the Company copies of all reports of the type referred to in Section 3.4 which it files with the SEC on or after the date hereof, and the Bidder represents and warrants that as of the respective dates thereof, such reports will not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading. The audited consolidated financial statements and the unaudited consolidated interim financial statements included in such reports (including any related notes and schedules) will fairly present the financial position of the Bidder and its consolidated Subsidiaries as of the dates thereof and the results of operations and cash flows or other information included therein for the periods or as of the date then ended (subject, in the case of the interim financial statements, to normal, recurring year-end adjustments), in each case in accordance with past practice and GAAP consistently applied during the periods involved (except as otherwise disclosed in the notes thereto). (b) The financial statements and management's discussion and analysis contained in the Company's Annual Report on Form 10-K for the year ended December 31, 1997 (the "Company 1997 10-K"), when filed with the SEC, will not vary in any material respect from the financial statements and management's discussion and analysis contained in the draft of the Company's Annual Report to Stockholders provided to Parent prior to the date hereof. (c) The Company shall provide Parent with a copy of the Company 1997 10-K no less than three business days prior to filing it with the SEC and provide as soon as practicable any changes thereto. (d) Within seven days of the date hereof, the Company shall provide a written schedule to Parent setting forth (i) the taxable years of the Company for which the statute of limitations with respect to Material State income Taxes have not expired, and (ii) with respect to Material State income Taxes, for all taxable years for which the statute of limitations has not expired, those years for which examinations have been completed, those years for which examinations are presently being conducted, and those years for which examinations have not yet been initiated.

Additional Reports and Information. (a1) The Company and Parent shall each furnish to the other Bidder copies of any all reports of the type referred to in Sections Section 3.4 and 4.4 which it or Life Technologies files with the SEC on or after the date hereof, and each of the Company and Parent, as the case may be, represents and warrants that as of the respective dates thereof, such reports will not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statement statements therein, in light of the circumstances under which they were made, not misleading. Any The audited consolidated financial statements and the unaudited consolidated interim financial statements included in such reports (including any related notes 40 and schedules) will fairly present the financial position of the Company and its consolidated Subsidiaries or Life Technologies and its consolidated Subsidiaries, as the case may be, as of the dates thereof and the results of operations and cash flows or other information included therein for the periods or as of the date then ended (subject, in the case of the interim financial statements, to normal, recurring year-end adjustments), in each case in accordance with GAAP consistently applied during the periods involved (except as otherwise disclosed in the notes thereto). The Company shall furnish to the Bidder on a monthly basis a consolidating balance sheet for the Company and its consolidated subsidiaries and the monthly internal financial report for Life Technologies and its Subsidiaries which are currently being prepared in the ordinary course of business (with deletions reasonably necessary to comply with applicable antitrust laws). (2) The Bidder shall furnish to the Company copies of all reports of the type referred to in Section 3.4 which it files with the SEC on or after the date hereof, and the Bidder represents and warrants that as of the respective dates thereof, such reports will not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading. The audited consolidated financial statements and the unaudited consolidated interim financial statements included in such reports (including any related notes and schedules) will fairly present the financial position of the Company Bidder and its consolidated Subsidiaries or Parent and its consolidated Subsidiaries, as the case may be, as of the dates thereof and the results of operations and changes in financial position cash flows or other information included therein for the periods or as of the date then ended (subject, where appropriatein the case of the interim financial statements, to normal normal, recurring year-end adjustments), in each case in accordance with past practice and GAAP consistently applied during the periods involved (except as otherwise disclosed in the notes thereto). (b) The financial statements and management's discussion and analysis contained in the Company's Annual Report on Form 10-K for the year ended December 31, 1997 (the "Company 1997 10-K"), when filed with the SEC, will not vary in any material respect from the financial statements and management's discussion and analysis contained in the draft of the Company's Annual Report to Stockholders provided to Parent prior to the date hereof. (c) The Company shall provide Parent with a copy of the Company 1997 10-K no less than three business days prior to filing it with the SEC and provide as soon as practicable any changes thereto. (d) Within seven days of the date hereof, the Company shall provide a written schedule to Parent setting forth (i) the taxable years of the Company for which the statute of limitations with respect to Material State income Taxes have not expired, and (ii) with respect to Material State income Taxes, for all taxable years for which the statute of limitations has not expired, those years for which examinations have been completed, those years for which examinations are presently being conducted, and those years for which examinations have not yet been initiated.