EVIDENCE OF FINANCIAL CONDITION. Ligand agrees to furnish Lilly upon request a copy of its complete annual financial statement and other such evidence of its financial condition necessary to establish, in the opinion of Lilly, Ligand's ability to perform its obligations under this Agreement, provided that this Section 2.9 shall not apply to any financial reporting period as to which Ligand remains subject to and in compliance with the reporting requirements of the Securities Exchange Act of 1934, as amended from time to time.
Appears in 4 contracts
Samples: Option and Wholesale Purchase Agreement (Lilly Eli & Co), Option and Wholesale Purchase Agreement (Ligand Pharmaceuticals Inc), Option and Wholesale Purchase Agreement (Lilly Eli & Co)