Common use of Financial and Other Reports Clause in Contracts

Financial and Other Reports. Maintain a standard system of accounting in accordance with GAAP and, except to the extent publicly available in the SEC’s XXXXX System, furnish or cause to be furnished to Lilly: (a) As soon as practicable, and in any event within forty-five (45) days (or such shorter period of time as is required by the SEC for filing of quarterly financial statements) after the end of each of the first three fiscal quarters in each fiscal year, the consolidated balance sheet of Amylin and its subsidiaries as at the end of such period and the related consolidated statements of income and cash flows of Amylin and its subsidiaries for such fiscal quarter and for the period from the beginning of the then current fiscal year to the end of such fiscal quarter, certified by the chief financial officer or treasurer of Amylin as fairly presenting in all material respects the consolidated financial position of Amylin and its subsidiaries as at the dates indicated and the consolidated results of their operations and cash flows for the periods indicated in accordance with GAAP. Delivery within the time period specified above of copies of Xxxxxx’s Quarterly Reports on Form 10-Q prepared in compliance with the requirements of the Exchange Act, in the form filed with the SEC, shall be deemed to satisfy the requirements of this paragraph. (b) As soon as practicable, and in any event within ninety (90) days (or such shorter period of time as is required by the SEC for filing of annual financial statements) after the end of each fiscal year, (i) the consolidated balance sheet of Amylin and its subsidiaries as at the end of such fiscal year and the related consolidated statements of income, stockholders’ equity and cash flows of Amylin and its subsidiaries for such fiscal year and, in comparative form the corresponding figures for the previous fiscal year and (ii) an audit report on the items listed in clause (i) hereof of independent certified public accountants of recognized national standing, which audit report shall be unqualified and shall state that such financial statements fairly present in all material respects the consolidated financial position of Amylin and its subsidiaries as at the dates indicated and the consolidated results of their operations and cash flows for the periods indicated in conformity with GAAP and that the examination by such accountants in connection with such consolidated financial statements has been made in accordance with generally accepted auditing standards. Delivery within the time period specified above of Amylin’s Annual Report on Form 10-K for such fiscal year prepared in accordance with the requirements of the Exchange Act, in the form filed with the SEC, shall be deemed to satisfy the foregoing requirements of this paragraph; provided that the auditors’ report contained therein satisfies the requirements specified in clause (ii) above. (c) Such other reports and additional financial and other information relating to the business, affairs and financial condition of Amylin as Xxxxx reasonably may request in writing from time to time (subject to Xxxxxx’s obligations to third parties and provided that Amylin shall have no obligation to provide access to information that it deems highly confidential). Any information disclosed to Xxxxx pursuant to this Agreement shall be deemed Amylin Confidential Information subject to the provisions of Article 6 of the Collaboration Agreement.

Financial and Other Reports. Maintain (A) Within 20 days after each month-end (other than the last month of each fiscal quarter), deliver to Bank a standard system consolidated balance sheet of accounting Borrower and its subsidiaries as at the end of such month, together with related consolidated statements of operations and cash flows for such month, in accordance with GAAP andform satisfactory to Bank, except all certified as to fairness of presentation by the extent publicly available in the SEC’s XXXXX System, furnish or cause to be furnished to Lilly:chief financial officer of Borrower. (aB) As soon as practicable, and in any event within forty-five (45) Within 45 days (or such shorter period of time as is required by the SEC for filing of quarterly financial statements) after the end of each of the first three (3) fiscal quarters in of each fiscal yearyear of Borrower, the deliver to Bank a consolidated balance sheet of Amylin and its subsidiaries as at the end of such period and the related consolidated statements of income and cash flows of Amylin and its subsidiaries for such fiscal quarter and for the period from the beginning of the then current fiscal year to the end of such fiscal quarter, certified by the chief financial officer or treasurer of Amylin as fairly presenting in all material respects the consolidated financial position of Amylin and its subsidiaries as at the dates indicated and the consolidated results of their operations and cash flows for the periods indicated in accordance with GAAP. Delivery within the time period specified above of copies of Xxxxxx’s Quarterly Reports on Form 10-Q prepared in compliance with the requirements of the Exchange Act, in the form filed with the SEC, shall be deemed to satisfy the requirements of this paragraph. (b) As soon as practicable, and in any event within ninety (90) days (or such shorter period of time as is required by the SEC for filing of annual financial statements) after the end of each fiscal year, (i) the consolidated balance sheet of Amylin Borrower and its subsidiaries as at the end of such fiscal year and the quarter, together with related consolidated statements of income, stockholders’ equity operations and cash flows of Amylin and its subsidiaries for such quarter and for the portion of the fiscal year andended at the end of such quarter, in comparative form all certified as to fairness of presentation by the corresponding figures for chief financial officer of Borrower. (C) Within 90 days after the previous end of each fiscal year and (ii) an audit report on the items listed in clause (i) hereof year, deliver to Bank a consolidated balance sheet of independent certified public accountants of recognized national standing, which audit report shall be unqualified and shall state that such financial statements fairly present in all material respects the consolidated financial position of Amylin Borrower and its subsidiaries as at the dates indicated and the end of such fiscal year, together with related consolidated results statements of their operations and cash flows for the periods indicated in conformity with GAAP and that the examination by such accountants in connection with such consolidated financial statements has been made in accordance with generally accepted auditing standards. Delivery within the time period specified above of Amylin’s Annual Report on Form 10-K for such fiscal year year, and together with a Changes in Financial Position Statement, prepared in accordance on an audited basis with the requirements of the Exchange Act, in the form filed with the SEC, shall be deemed an unqualified opinion by an independent certified public accountant selected by Borrower but reasonably acceptable to satisfy the foregoing requirements of this paragraph; provided that the auditors’ report contained therein satisfies the requirements specified in clause (ii) aboveBank. (cD) Such Promptly upon completion thereof, and in any event not later than December 1 of each fiscal year, deliver to Bank a copy of the annual business plan and budget of Borrower and its subsidiaries for the next fiscal year, including budgeted results for each fiscal quarter and for the fiscal year as a whole, and upon the delivery of any financial statements relating to any period included in such budget, a summary comparing the actual financial performance of Borrower and its subsidiaries during such period to that shown in the budget. (E) Promptly upon obtaining knowledge thereof, deliver to Bank written notice of the occurrence of any event which has had, or is reasonably likely to have, a Materially Adverse Affect. (F) Promptly upon any filing thereof by Borrower, any annual, periodic, or special reports or registration statements which Borrower may file with the Securities and Exchange Commission or with any other reports and additional financial and securities exchange. (G) Deliver to Bank, promptly upon Bank's request, all other information relating to the business, affairs of Borrower and financial condition of Amylin its business as Xxxxx Bank may reasonably may request in writing from time to time (subject to Xxxxxx’s obligations to third parties and provided that Amylin shall have no obligation to provide access to information that it deems highly confidential). Any information disclosed to Xxxxx pursuant to this Agreement shall be deemed Amylin Confidential Information subject to the provisions of Article 6 of the Collaboration Agreementrequest.

Financial and Other Reports. Maintain a standard system of accounting in accordance with GAAP and, except to the extent publicly available in the SEC’s XXXXX System, furnish or cause to be furnished to Lilly: (a) As soon as practicable, and in any event within forty-five (45) days (or such shorter period of time as is required by the SEC for filing of quarterly financial statements) after the end of each of the first three fiscal quarters in each fiscal year, the consolidated balance sheet of Amylin and its subsidiaries as at the end of such period and the related consolidated statements of income and cash flows of Amylin and its subsidiaries for such fiscal quarter and for the period from the beginning of the then current fiscal year to the end of such fiscal quarter, certified by the chief financial officer or treasurer of Amylin as fairly presenting in all material respects the consolidated financial position of Amylin and its subsidiaries as at the dates indicated and the consolidated results of their operations and cash flows for the periods indicated in accordance with GAAP. Delivery within the time period specified above of copies of XxxxxxAmylin’s Quarterly Reports on Form 10-Q prepared in compliance with the requirements of the Exchange Act, in the form filed with the SEC, shall be deemed to satisfy the requirements of this paragraph. (b) As soon as practicable, and in any event within ninety (90) days (or such shorter period of time as is required by the SEC for filing of annual financial statements) after the end of each fiscal year, (i) the consolidated balance sheet of Amylin and its subsidiaries as at the end of such fiscal year and the related consolidated statements of income, stockholders’ equity and cash flows of Amylin and its subsidiaries for such fiscal year and, in comparative form the corresponding figures for the previous fiscal year and (ii) an audit report on the items listed in clause (i) hereof of independent certified public accountants of recognized national standing, which audit report shall be unqualified and shall state that such financial statements fairly present in all material respects the consolidated financial position of Amylin and its subsidiaries as at the dates indicated and the consolidated results of their operations and cash flows for the periods indicated in conformity with GAAP and that the examination by such accountants in connection with such consolidated financial statements has been made in accordance with generally accepted auditing standards. Delivery within the time period specified above of Amylin’s Annual Report on Form 10-K for such fiscal year prepared in accordance with the requirements of the Exchange Act, in the form filed with the SEC, shall be deemed to satisfy the foregoing requirements of this paragraph; provided that the auditors’ report contained therein satisfies the requirements specified in clause (ii) above. (c) Such other reports and additional financial and other information relating to the business, affairs and financial condition of Amylin as Xxxxx Lilly reasonably may request in writing from time to time (subject to XxxxxxAmylin’s obligations to third parties and provided that Amylin shall have no obligation to provide access to information that it deems highly confidential). Any information disclosed to Xxxxx Lilly pursuant to this Agreement shall be deemed Amylin Confidential Information subject to the provisions of Article 6 of the Collaboration Agreement.

Financial and Other Reports. Maintain a standard system of accounting in accordance with GAAP and, except to the extent publicly available in the SEC’s XXXXX 's EDGAR System, furnish or cause to be furnished to Lilly: (a) As soon as practicable, and in any event within forty-five (45) days (or such shorter period of time as is required by the SEC for filing of quarterly financial statements) after the end of each of the first three fiscal quarters in each fiscal year, the consolidated balance sheet of Amylin and its subsidiaries as at the end of such period and the related consolidated statements of income and cash flows of Amylin and its subsidiaries for such fiscal quarter and for the period from the beginning of the then current fiscal year to the end of such fiscal quarter, certified by the chief financial officer or treasurer of Amylin as fairly presenting in all material respects the consolidated financial position of Amylin and its subsidiaries as at the dates indicated and the consolidated results of their operations and cash flows for the periods indicated in accordance with GAAP. Delivery within the time period specified above of copies of Xxxxxx’s Amylin's Quarterly Reports on Form 10-Q prepared in compliance with the requirements of the Exchange Act, in the form filed with the SEC, shall be deemed to satisfy the requirements of this paragraph. (b) As soon as practicable, and in any event within ninety (90) days (or such shorter period of time as is required by the SEC for filing of annual financial statements) after the end of each fiscal year, (i) the consolidated balance sheet of Amylin and its subsidiaries as at the end of such fiscal year and the related consolidated statements of income, stockholders’ ' equity and cash flows of Amylin and its subsidiaries for such fiscal year and, in comparative form the corresponding figures for the previous fiscal year and (ii) an audit report on the items listed in clause (i) hereof of independent certified public accountants of recognized national standing, which audit report shall be unqualified and shall state that such financial statements fairly present in all material respects the consolidated financial position of Amylin and its subsidiaries as at the dates indicated and the consolidated results of their operations and cash flows for the periods indicated in conformity with GAAP and that the examination by such accountants in connection with such consolidated financial statements has been made in accordance with generally accepted auditing standards. Delivery within the time period specified above of Amylin’s 's Annual Report on Form 10-K for such fiscal year (together with Amylin's annual report to shareholders, if any, prepared pursuant to Rule 14a-3 under the Exchange Act) prepared in accordance with the requirements of the Exchange Act, in the form filed with the SEC, shall be deemed to satisfy the foregoing requirements of this paragraph; provided that the auditors’ ' report contained therein satisfies the requirements specified in clause (ii) above. (c) Such other reports and additional financial and other information relating to the business, affairs and financial condition of Amylin as Xxxxx Lilly reasonably may request in writing from time to time (subject to Xxxxxx’s Amylin's obligations to third parties and provided that Amylin shall have no obligation to provide access to information that it deems highly confidential). Any information disclosed to Xxxxx Lilly pursuant to this Agreement shall be deemed Amylin Confidential Information subject to the provisions of Article 6 of the Collaboration Agreement.deemed

Financial and Other Reports. Maintain (a) The Company shall furnish to the Trustee promptly after filing thereof, copies of all registration statements, current reports and annual, quarterly or other regular reports that the Company files with the Commission, including, without limitation, all reports on Form 10-K, 10-Q and 8-K and all certifications and other filings required by Section 302 and Section 906 of the Sxxxxxxx-Xxxxx Act of 2002, as amended, and the rules and regulations related thereto. (b) To the extent the Company has not furnished the Trustee with a standard system copy of accounting its annual report filed with the Commission for the applicable fiscal year in accordance with GAAP and, except to the extent publicly available in the SEC’s XXXXX System, furnish or cause to be furnished to Lilly: clause (a) As soon as practicableof this Section 3.02, and in any event the Company shall furnish to the Trustee within forty-five (45) 105 calendar days (or such shorter period of time as is required by the SEC for filing of quarterly financial statements) after the end close of each of the first three Company’s fiscal quarters in each fiscal yearyears, annual audited consolidated financial statements for the Company and its Subsidiaries, including a consolidated balance sheet as of Amylin and its subsidiaries as at the end of such period, related statement of consolidated income, statement of consolidated stockholders’ equity, and statement of cash flows, accompanied by an unqualified audit report of independent auditors (or, if the Company is not required to file reports or other information and documents with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act, such other statements that would have been included in annual reports filed with the Commission if the Company were subject to the reporting requirements of Section 13 or Section 15(d) of the Exchange Act). (c) To the extent the Company has not furnished the Trustee with a copy of its quarterly report filed with the Commission for the applicable quarterly period in accordance with clause (a) of this Section 3.02, the Company shall furnish to the Trustee within 55 calendar days after the close of the first three quarterly periods of each of the Company’s fiscal years, unaudited consolidated financial statements for the Company and its Subsidiaries, including a consolidated balance sheet as of the end of such period, related statement of consolidated statements of income and statement of cash flows of Amylin and its subsidiaries for such fiscal quarter and flows, for the period from the beginning of the then current such fiscal year to the end of such fiscal quarterquarter (or, certified by if the chief financial officer Company is not required to file reports or treasurer of Amylin as fairly presenting in all material respects the consolidated financial position of Amylin other information and its subsidiaries as at the dates indicated and the consolidated results of their operations and cash flows for the periods indicated in accordance with GAAP. Delivery within the time period specified above of copies of Xxxxxx’s Quarterly Reports on Form 10-Q prepared in compliance documents with the requirements Commission pursuant to Section 13 or Section 15(d) of the Exchange Act, such other statements that would have been included in the form quarterly reports filed with the SEC, shall be deemed Commission if the Company were subject to satisfy the reporting requirements of this paragraph. (bSection 13 or Section 15(d) As soon as practicable, and in any event within ninety (90) days (or such shorter period of time as is required by the SEC for filing of annual financial statements) after the end of each fiscal year, (i) the consolidated balance sheet of Amylin and its subsidiaries as at the end of such fiscal year and the related consolidated statements of income, stockholders’ equity and cash flows of Amylin and its subsidiaries for such fiscal year and, in comparative form the corresponding figures for the previous fiscal year and (ii) an audit report on the items listed in clause (i) hereof of independent certified public accountants of recognized national standing, which audit report shall be unqualified and shall state that such financial statements fairly present in all material respects the consolidated financial position of Amylin and its subsidiaries as at the dates indicated and the consolidated results of their operations and cash flows for the periods indicated in conformity with GAAP and that the examination by such accountants in connection with such consolidated financial statements has been made in accordance with generally accepted auditing standards. Delivery within the time period specified above of Amylin’s Annual Report on Form 10-K for such fiscal year prepared in accordance with the requirements of the Exchange Act, in the form filed with the SEC, shall be deemed to satisfy the foregoing requirements of this paragraph; provided that the auditors’ report contained therein satisfies the requirements specified in clause (ii) above). (cd) Such other reports The Company covenants and additional financial and other information relating agrees to provide to the businessTrustee such reports, affairs information and financial condition documents, if any, as required by TIA §314(a). (e) Delivery of Amylin as Xxxxx reasonably may request in writing from time to time (subject to Xxxxxx’s obligations to third parties such reports, information and provided that Amylin shall have no obligation to provide access to information that it deems highly confidential). Any information disclosed to Xxxxx pursuant to this Agreement shall be deemed Amylin Confidential Information subject documents to the provisions Trustee is for informational purposes only and the Trustee’s receipt of Article 6 such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Collaboration AgreementCompany’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates).

Financial and Other Reports. Maintain a standard system of accounting Guarantor, Borrowers and their subsidiaries shall keep and maintain their books and records in accordance with GAAP andgenerally accepted accounting principles ("GAAP"), except to the extent publicly available in the SEC’s XXXXX System, furnish or cause to be furnished to Lilly:consistently applied. (a) As Annually, Borrowers shall deliver to Lender (i) audited consolidated financial statements of Guarantor, Borrowers and their subsidiaries, including balance sheet and income statement and statements of operations and of cash flows for such year setting forth in comparative form the corresponding figures for the preceding year accompanied by the report and unqualified opinion thereon of independent certified public accountants acceptable to Lender (the "Accountants"), as soon as practicableavailable, but in no event later than ninety (90) days after the end of Borrowers' fiscal year; and (ii) no later than thirty (30) days prior to the beginning of each fiscal year, a budget and business plan for such fiscal year of Borrowers which includes (A) a projected consolidated balance sheet and statement of income of Borrowers for such fiscal year and a projected consolidated statement of cash flows of Borrowers for such fiscal year, (B) projected consolidated balance sheets, statements of income and statements of cash flows of Borrowers on a monthly basis for such fiscal year and (C) projected usage and excess availability of Revolving Loans on a monthly basis for such fiscal year. All of the foregoing shall be in such form, and in any event shall be accompanied by, such information with respect to the business of Guarantor, Borrowers and/or their subsidiaries as Lender may request from time to time. (b) Borrowers shall, at their expense and within forty-five (45) days (or such shorter period of time as is required by the SEC for filing of quarterly financial statements) after following the end of each fiscal quarter, deliver to Lender: (i) a compliance certificate duly completed and certified by Borrowers' chief executive officer or chief financial officer, demonstrating Borrowers' compliance with the financial covenants set forth in Section 6.19 for the immediately preceding fiscal quarter and showing the calculations therefor in reasonable detail; and (ii) Quarterly consolidated internally prepared interim financial statements of Guarantor, Borrowers and their subsidiaries, including a balance sheet and income statement and statements of operations and of cash flows for such quarter, all in form acceptable to Lender and in each case setting forth (i) in comparative form figures for the corresponding quarterly period and year-to-date period of the first three fiscal quarters in each preceding fiscal year, (ii) year-to-date figures and (iii) in comparative form figures for the consolidated balance sheet corresponding period set forth in the annual budget and business plan delivered pursuant hereto; and (iii) in form acceptable to Lender, a separate internally prepared report of Amylin the profits, assets and its subsidiaries net worth of each subsidiary of Guarantor or any Borrower which is not a Borrower under this Agreement. (c) Borrowers shall, at their expense, on or before the twentieth (20th) day of each month (or more frequently if required by Lender), deliver to Lender, in form acceptable to Lender: (1) true and complete monthly agings of their respective accounts receivable and accounts payable, identifying all Eligible Accounts; and (ii) monthly inventory reports, including an identification of all Eligible Inventory, the location of all inventory; and information as to all inventory in excess of a 12 months' supply and as to out-of-season inventory. (d) Borrowers shall, at their own expense on each Friday of the end calendar week (or more frequently if required by Lender), deliver to Lender a borrowing base certificate in substantially the form of such period Schedule C hereto duly completed and the related consolidated statements of income certified by Borrowers' chief executive officer or chief financial officer, detailing Borrowers' Eligible Accounts and Eligible Inventory and containing, without limitation, weekly sales and cash flows receipt reports. (e) Borrowers shall cause to be delivered to Lender, within 30 days of Amylin filing, complete copies of each federal tax return filed by Guarantor and/or any Borrower, which shall be signed and its subsidiaries for such fiscal quarter and for the period from the beginning of the then current fiscal year to the end of such fiscal quarter, certified by the chief financial officer or treasurer of Amylin as fairly presenting in all material respects Borrowers to be a true and complete copy of such return. In the consolidated financial position of Amylin and its subsidiaries as at the dates indicated and the consolidated results of their operations and cash flows for the periods indicated in accordance with GAAP. Delivery within the time period specified above of copies of Xxxxxx’s Quarterly Reports on Form 10-Q prepared in compliance with the requirements event an extension is filed, Borrowers shall deliver a copy of the Exchange Actextension within 30 days of filing. Lender agrees that any positions, in elections and valuations taken by Borrowers on their tax returns solely for tax purposes, and which do not affect the form filed with the SECactual value of Borrowers' assets as shown on their then most recent financial statements, shall be deemed to satisfy not affect Lender's determination of the requirements of this paragraphBorrowing Base and/or the Eligibility Requirements hereunder. (bf) As soon as practicable, and in any event within ninety (90) days (or such shorter period of time as is required by the SEC for filing of annual financial statements) after the end Borrowers shall furnish to Lender a copy of each fiscal year, (i) the consolidated balance sheet of Amylin "management letter" and its subsidiaries as at the end of such fiscal year and the related consolidated statements of income, stockholders’ equity and cash flows of Amylin and its subsidiaries for such fiscal year and, in comparative form the corresponding figures for the previous fiscal year and (ii) an audit report on the items listed in clause (i) hereof of independent certified public accountants of recognized national standing, which audit report shall be unqualified and shall state that such financial statements fairly present in all material respects the consolidated financial position of Amylin and its subsidiaries as at the dates indicated and the consolidated results of their operations and cash flows for the periods indicated in conformity with GAAP and that the examination each "comment letter" received by such any Obligor from any accountants in connection with any annual or other financial report or audit, and any such consolidated financial statements has been made in accordance with generally accepted auditing standards. Delivery within the time period specified above of Amylin’s Annual Report on Form 10-K for such fiscal year prepared in accordance with the requirements of the Exchange Actother information, in the form filed with the SEC, shall be deemed to satisfy the foregoing requirements of this paragraph; provided that the auditors’ report contained therein satisfies the requirements specified in clause (ii) above. (c) Such other reports and additional statements respecting the condition or operations, financial and other information relating to the businessor otherwise, affairs and financial condition of Amylin Obligors or of any Borrower's subsidiaries as Xxxxx reasonably Lender may request in writing from time to time (subject to Xxxxxx’s obligations to third parties and provided that Amylin shall have no obligation to provide access to information that it deems highly confidential). Any information disclosed to Xxxxx pursuant to this Agreement shall be deemed Amylin Confidential Information subject to the provisions of Article 6 of the Collaboration Agreementreasonably request.

Financial and Other Reports. Maintain a standard system of accounting in accordance with GAAP and, except to the extent publicly available in the SEC’s XXXXX System, furnish or cause to be furnished to Lilly: (a) As soon as practicable, and in any event within forty-five (45) days (or such shorter period of time as is required by the SEC for filing of quarterly financial statements) practicable after the end of each fiscal year of the first three Company (commencing with the fiscal quarters year ending December 31, 2010), but in each fiscal yearno event later than 45 days thereafter, the Company shall cause to be furnished to the Members and the Blue Stone Assignee the following audited consolidated financial statements, prepared in accordance with GAAP, together with a report thereon, unqualified as to scope, of the independent certified public accountants identified in or selected pursuant to Section 10.6: (i) a consolidated balance sheet of Amylin and its subsidiaries as the Company at the end of such period and year; (ii) a consolidated statement of operations of the related Company for such year; (iii) a consolidated statements statement of income and cash flows of Amylin and its subsidiaries the Company for such fiscal quarter and year; (iv) a statement of changes in Members’ equity for the period from the beginning such year; and (v) a statement of the then current fiscal year to each Member’s Ownership Percentage at the end of such fiscal quarter, certified by year; setting forth in each case in comparative form the chief financial officer or treasurer of Amylin as fairly presenting in all material respects the consolidated financial position of Amylin and its subsidiaries as at the dates indicated and the consolidated results of their operations and cash flows figures for the periods indicated previous fiscal year, if applicable, all in accordance with GAAP. Delivery within the time period specified above of copies of Xxxxxx’s Quarterly Reports on Form 10-Q prepared in compliance with the requirements of the Exchange Act, in the form filed with the SEC, shall be deemed to satisfy the requirements of this paragraphreasonable detail. (b) As soon as practicable, and in any event within ninety (90) days (or such shorter period of time as is required by the SEC for filing of annual financial statements) practicable after the end of each fiscal quarter (other than the fourth fiscal quarter of each year) of the Company (commencing with the fiscal quarter ending September 30, (i) 2010), but in no event later than 25 days thereafter, the Company shall cause to be furnished to the Members and the Blue Stone Assignee unaudited consolidated financial statements for the Company for such fiscal quarter, which shall include at least a balance sheet as of Amylin and its subsidiaries as at the end of such fiscal year quarter, a statement of operations and the related consolidated statements statement of income, stockholders’ equity and cash flows of Amylin and its subsidiaries for such fiscal year and, in comparative form quarter and a statement of each Member’s Ownership Percentage as of the corresponding figures for the previous fiscal year and (ii) an audit report on the items listed in clause (i) hereof end of independent certified public accountants of recognized national standing, which audit report shall be unqualified and shall state that such financial statements fairly present in all material respects the consolidated financial position of Amylin and its subsidiaries as at the dates indicated and the consolidated results of their operations and cash flows for the periods indicated in conformity with GAAP and that the examination by such accountants in connection with such consolidated financial statements has been made in accordance with generally accepted auditing standards. Delivery within the time period specified above of Amylin’s Annual Report on Form 10-K for such fiscal year quarter, all prepared in accordance with both the requirements Income Tax Method of Accounting and GAAP (subject to the Exchange Act, in absence of footnotes thereto and a report thereon from the form filed with the SEC, shall be deemed to satisfy the foregoing requirements of this paragraph; provided that the auditors’ report contained therein satisfies the requirements specified in clause (ii) aboveindependent certified public accountants). (c) Such other reports and additional financial and other information relating As soon as practicable after the end of each month (commencing with the month ending August 31, 2010), but in no event later than 25 days thereafter, the Company shall cause to be furnished to the businessMembers and the Blue Stone Assignee unaudited consolidated monthly financial statements for the Company, affairs which shall include at least a balance sheet as of the end of such month and financial condition a statement of Amylin operations and statement of cash flows for such month and a statement of each Member’s Ownership Percentage as Xxxxx reasonably may request of the end of such month, all prepared in writing from time to time accordance with both the Income Tax Method of Accounting and GAAP (subject to Xxxxxx’s obligations the absence of footnotes thereto and a report thereon from the independent certified public accountants). (d) As soon as practicable after the beginning of each fiscal year of the Company (commencing with the fiscal year ending December 31, 2011), but in no event later than 45 days thereafter, the Company shall cause to third parties and provided that Amylin shall have no obligation to provide access to information that it deems highly confidential). Any information disclosed to Xxxxx pursuant to this Agreement shall be deemed Amylin Confidential Information subject furnished to the provisions of Article 6 Members and the Blue Stone Assignee an engineering report prepared by the independent petroleum engineers of the Collaboration AgreementCompany, which report will set forth estimates of the oil and gas reserves of the Company as of the preceding January 1 of such fiscal year and future net revenues expected to be derived therefrom in accordance with the rules and regulations of the SEC. (e) As soon as practicable after the end of each fiscal quarter of the Company (commencing with the fiscal quarter ending September 30, 2010), but in no event later than 45 days after the end of such fiscal quarter, the Company shall cause to be furnished to each of the Members and the Blue Stone Assignee a quarterly management report reflecting (i) a description of the operational status of the oil and gas operations of the Company and (ii) any variance from the Quarterly Budget of the Company for such fiscal quarter. (f) As soon as practicable after the end of each month (commencing with the month ending August 31, 2010), but in no event later than 45 days after the end of such month, the Company shall cause to be furnished to each of the Members and the Blue Stone Assignee a monthly management report reflecting a description of the operational status of the oil and gas operations of the Company.

Financial and Other Reports. Maintain (i) Harvest has heretofore delivered to the Purchaser true and complete copies of: (A) Harvest's 2008 Annual Information Form, Harvest's Information Circular relating to its 2009 annual meeting of Unitholders and interim reports for the periods ending March 31, 2009 and June 30, 2009; (B) all prospectuses or other offering documents used by Harvest in the offering of its securities or filed with Securities Authorities since December 31, 2008; (C) the consolidated audited financial statements of Harvest dated December 31, 2008; and (D) the "North Atlantic Confidential Offering Memorandum" dated August 2008. As of their respective dates, such forms, statements, prospectuses and other offering documents (including all exhibits and schedules thereto and documents incorporated by reference therein) did not contain any untrue statement of a standard system material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of accounting the circumstances under which they were made, not misleading, and complied in all material respects with all Applicable Laws. The audited financial statements and unaudited interim financial statements of Harvest and its consolidated subsidiaries publicly issued by Harvest, previously delivered to the Purchaser, or included or incorporated by reference in such forms, statements, prospectuses and other offering documents were prepared in accordance with GAAP and(except (x) as otherwise indicated in such financial statements and the notes thereto or, except in the case of audited statements, in the related report of Harvest's external auditors, or (y) in the case of unaudited interim financial statements, to the extent publicly available in the SEC’s XXXXX System, furnish they may not include footnotes or cause to may be furnished to Lilly: (a) As soon as practicablecondensed or summary statements), and fairly present the consolidated financial position, results of operations and changes in any event within forty-five (45) days (or such shorter period financial position of time Harvest and its consolidated subsidiaries as is required by the SEC for filing of quarterly financial statements) after the end of each of the first three fiscal quarters in each fiscal year, the consolidated balance sheet of Amylin and its subsidiaries as at the end of such period and the related consolidated statements of income and cash flows of Amylin and its subsidiaries for such fiscal quarter dates thereof and for the period from periods indicated therein (subject, in the beginning case of any unaudited interim financial statements, to normal year-end audit adjustments) and reflect appropriate and adequate reserves in respect of contingent liabilities, if any, of Harvest on a consolidated basis. Since January 1, 2007, there has been no material change in Harvest's accounting policies except as disclosed in such financial statements. (ii) Harvest will deliver to the Purchaser as soon as they become available true and complete copies of any report or statement filed by it with Securities Authorities subsequent to the date hereof. As of their respective dates, such reports and statements (excluding any information therein provided by the Purchaser, as to which Harvest makes no representation) 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 then current fiscal year to the end of such fiscal quartercircumstances under which they are made, certified by the chief financial officer or treasurer of Amylin as fairly presenting not misleading, and will comply in all material respects with all Applicable Laws. The consolidated financial statements of Harvest issued by Harvest or to be included in such reports and statements (excluding any information therein provided by the Purchaser, as to which Harvest makes no representation) will be prepared in accordance with GAAP (except (x) as otherwise indicated in such financial statements and the notes thereto or, in the case of audited statements, in the related report of Harvest's external auditors; or (y) in the case of unaudited interim financial statements, to the extent they may not include footnotes or may be condensed or summary statements), and will present fairly the consolidated financial position, results of operations and changes in financial position of Amylin and its subsidiaries Harvest as at of the dates indicated thereof and the consolidated results of their operations and cash flows for the periods indicated in accordance with GAAP. Delivery within the time period specified above of copies of Xxxxxx’s Quarterly Reports on Form 10-Q prepared in compliance with the requirements of the Exchange Acttherein (subject, in the form filed with the SEC, shall be deemed to satisfy the requirements case of this paragraph. (b) As soon as practicable, and in any event within ninety (90) days (or such shorter period of time as is required by the SEC for filing of annual unaudited interim financial statements, to normal year-end audit adjustments) after the end and will reflect appropriate and adequate reserves in respect of each fiscal yearcontingent liabilities, (i) the if any, of Harvest on a consolidated balance sheet of Amylin and its subsidiaries as at the end of such fiscal year and the related consolidated statements of income, stockholders’ equity and cash flows of Amylin and its subsidiaries for such fiscal year and, in comparative form the corresponding figures for the previous fiscal year and (ii) an audit report on the items listed in clause (i) hereof of independent certified public accountants of recognized national standing, which audit report shall be unqualified and shall state that such financial statements fairly present in all material respects the consolidated financial position of Amylin and its subsidiaries as at the dates indicated and the consolidated results of their operations and cash flows for the periods indicated in conformity with GAAP and that the examination by such accountants in connection with such consolidated financial statements has been made in accordance with generally accepted auditing standards. Delivery within the time period specified above of Amylin’s Annual Report on Form 10-K for such fiscal year prepared in accordance with the requirements of the Exchange Act, in the form filed with the SEC, shall be deemed to satisfy the foregoing requirements of this paragraph; provided that the auditors’ report contained therein satisfies the requirements specified in clause (ii) abovebasis. (c) Such other reports and additional financial and other information relating to the business, affairs and financial condition of Amylin as Xxxxx reasonably may request in writing from time to time (subject to Xxxxxx’s obligations to third parties and provided that Amylin shall have no obligation to provide access to information that it deems highly confidential). Any information disclosed to Xxxxx pursuant to this Agreement shall be deemed Amylin Confidential Information subject to the provisions of Article 6 of the Collaboration Agreement.

Financial and Other Reports. Maintain a standard system of accounting in accordance with GAAP andDuring the Term and so long as any --------------------------- obligations under this Lease remain outstanding, except to the extent publicly available in the SEC’s XXXXX System, furnish or cause to be furnished to LillyLessee shall: (a) As soon as practicable, Furnish to Lessor and in any event Assignee of Lessor identified to Lessee (i) within forty-five (45) 90 days (or such shorter period of time as is required by the SEC for filing of quarterly financial statements) after the end close of each fiscal year of the first three fiscal quarters in each fiscal yearLessee, the consolidated an audited balance sheet and statement of Amylin changes in financial position of Lessee at and its subsidiaries as at the end of such period and the related consolidated statements of income and cash flows of Amylin and its subsidiaries for such fiscal quarter and for the period from the beginning of the then current fiscal year to the end of such fiscal year, together with an audited statement of income of Lessee for such fiscal Year; (ii) within 45 days after the close of each calendar month (or, if the stock of Lessee is publicly traded, each fiscal quarter) of each fiscal year of Lessee, an unaudited balance sheet of Xxxxxx at and as of the end of such month (or quarter, certified by as the chief case may be), together with an unaudited statement of income of Lessee for such month or quarter, as the case may be; and (iii) from time to time, such other information as Lessor or Assignee may reasonably request regarding Xxxxxx's business, financial officer or treasurer of Amylin as fairly presenting in all material respects the consolidated financial position of Amylin condition and its subsidiaries as at the dates indicated and the consolidated results of their operations and cash flows for the periods indicated in accordance with GAAP. Delivery within the time period specified above of copies of Xxxxxx’s Quarterly Reports on Form 10-Q prepared in compliance with the requirements of the Exchange Act, in the form filed with the SEC, shall be deemed to satisfy the requirements of this paragraph.prospects; and (b) As soon as practicableConsider permitting lessor, upon reasonable request, to substantially participate in management of Lessee by consulting with and advising officers of Xxxxxx regarding Lessee's equipment acquisition and financing plans, and in any event within ninety such other matters affecting the business, financial condition and prospects of Lessee as Lessor shall reasonably deem relevant; and (90c) days (If Lessor reasonably believes that financial or other developments affecting Lessee have impaired or are likely to impair Xxxxxx's ability to perform its obligations under this Lease, permit Lessor reasonable access to lessee's management and/ or Board of Directors and opportunity to present Lessor's views with respect to such developments. Lessee hereby warrants and represents that all financial statements delivered to Lessor or such shorter period Assignee by or upon behalf of time as is required by the SEC for filing of annual financial statements) after the end of each fiscal yearXxxxxx, (i) the consolidated balance sheet of Amylin and its subsidiaries as at the end of any statements and data submitted in writing to Lessor or such fiscal year and the related consolidated statements of income, stockholders’ equity and cash flows of Amylin and its subsidiaries for such fiscal year and, in comparative form the corresponding figures for the previous fiscal year and (ii) an audit report on the items listed in clause (i) hereof of independent certified public accountants of recognized national standing, which audit report shall be unqualified and shall state that such financial statements fairly present in all material respects the consolidated financial position of Amylin and its subsidiaries as at the dates indicated and the consolidated results of their operations and cash flows for the periods indicated in conformity with GAAP and that the examination by such accountants Assignee in connection with such consolidated this Lease, are true and correct and fairly present the financial statements has been made condition of Lessee for the Periods involved, and are prepared in accordance with generally accepted auditing standards. Delivery within the time period specified above of Amylin’s Annual Report on Form 10-K for such fiscal year prepared in accordance with the requirements of the Exchange Actaccounting principles consistently applied, and that there has occurred no material adverse change in the form filed with the SEC, shall be deemed to satisfy the foregoing requirements of this paragraph; provided that the auditors’ report contained therein satisfies the requirements specified in clause (ii) above. (c) Such other reports and additional financial and other information relating to the business, affairs and financial condition of Amylin as Xxxxx reasonably may request Lessee since the date of the last financial statement delivered to Lessor which has not been disclosed in writing from time to time (subject to Xxxxxx’s obligations to third parties and provided that Amylin shall have no obligation to provide access to information that it deems highly confidential). Any information disclosed to Xxxxx pursuant to this Agreement shall be deemed Amylin Confidential Information subject to the provisions of Article 6 of the Collaboration AgreementLessor.

Financial and Other Reports. Maintain a standard system Borrower shall deliver, and cause the SHP Subsidiaries to deliver to Administrative Agent each of accounting in accordance with GAAP and, except to the extent publicly available in the SEC’s XXXXX System, furnish or cause to be furnished to Lillyfollowing: (ai) As soon as practicableannually, within one hundred twenty (120) days after the end of each Fiscal Year, complete executed copies of the audited financial statements of Borrower and Guarantor, including a statement of operations (profit and loss), a statement of cash flows, a calculation of net operating income, a balance sheet for such Fiscal Year (A) prepared by an Approved Accounting Firm, and (B) certified to by a duly authorized representative of such applicable party and such Approved Accounting Firm as being true, complete and accurate; and such other information as reasonably requested by Administrative Agent, covering, in any event a separate report which shall not be audited and shall be internally-prepared, the Properties, the SHP Subsidiaries, Borrower and each Loan Party; (ii) annually, within ninety (90) days after the end of each Fiscal Year, complete copies of the internally-prepared statements of operations for the Properties; (iii) within forty-five (45) days (or such shorter period of time as is required by the SEC for filing of quarterly financial statements) after the end of each calendar quarter, complete copies of unaudited financial statements for the first three fiscal quarters in each fiscal year, the consolidated balance sheet of Amylin and its subsidiaries as at the end of such period and the related consolidated statements of income and cash flows of Amylin and its subsidiaries for such fiscal quarter Properties and for the period from SHP Subsidiaries, Borrower and each Loan Party for such quarter and the beginning of the then current fiscal year to the end date prepared and certified to by a duly authorized representative of such fiscal quarterapplicable party as being true, certified by the chief financial officer or treasurer of Amylin as fairly presenting in all material respects the consolidated financial position of Amylin complete and its subsidiaries as at the dates indicated and the consolidated results of their operations and cash flows for the periods indicated in accordance with GAAP. Delivery within the time period specified above of copies of Xxxxxx’s Quarterly Reports on Form 10-Q prepared in compliance with the requirements of the Exchange Act, in the form filed with the SEC, shall be deemed to satisfy the requirements of this paragraph.accurate; (biv) As soon as practicableannually, and in any event within ninety one hundred twenty (90120) days (or such shorter period of time as is required by the SEC for filing of annual financial statements) after the end of each fiscal yearFiscal Year, and within forty-five (45) days after the end of each calendar quarter if requested by Administrative Agent, complete executed copies of unaudited financial statements for each Guarantor prepared and certified to by such Guarantor as being true, complete and accurate; (v) within twenty-five (25) days after the end of each month, complete executed copies of internally-prepared financial statements for the Properties for such month on a monthly and year to date basis and a certified status report concerning the operating performance of the Properties, in form and substance reasonably satisfactory to Administrative Agent, which report shall provide a comparison of operating performance to the Annual Budget, as applicable; (vi) intentionally omitted; (vii) intentionally omitted; (viii) concurrently with filing, copies of all federal income tax returns filed with respect to Borrower and the SHP Subsidiaries, if any; (ix) within five (5) days after request, such further detailed information covering the operation of the Properties and the financial affairs of any Loan Party, as may be reasonably requested by Administrative Agent; and (x) concurrently with delivery to Senior Lender, to the extent not otherwise provided pursuant to the above provisions of this Section 5.16, copies of all financial information required to be delivered to the Senior Lender pursuant to the Senior Loan Documents. Each required annual and quarterly financial statement shall be accompanied by an Officer’s Certificate certifying on the date thereof either (i) the consolidated balance sheet that, to such officer’s knowledge, there has not occurred any Event of Amylin Default and its subsidiaries as at the end of such fiscal year and the related consolidated statements of incomethere does not exist an Unmatured Default, stockholders’ equity and cash flows of Amylin and its subsidiaries for such fiscal year and, in comparative form the corresponding figures for the previous fiscal year and (ii) that if an audit report on Event of Default shall have occurred or if an Unmatured Default exists, the items listed in clause (i) hereof of independent certified public accountants of recognized national standing, which audit report shall be unqualified and shall state that such financial statements fairly present in all material respects the consolidated financial position of Amylin and its subsidiaries as at the dates indicated nature thereof and the consolidated results date of their operations occurrence or the period of time it has existed. If Borrower fails to deliver, or fails to cause SHP Subsidiaries to deliver, any such report to Administrative Agent, and cash flows for Borrower fails to cure the periods indicated in conformity with GAAP and that same within ten (10) days after receiving notice from Administrative Agent, the examination by such accountants in connection with such consolidated financial statements has been made in accordance with generally accepted auditing standards. Delivery within the time period specified above same shall constitute an Event of Amylin’s Annual Report on Form 10-K for such fiscal year prepared in accordance with the requirements of the Exchange Act, in the form filed with the SEC, shall be deemed to satisfy the foregoing requirements of this paragraph; provided that the auditors’ report contained therein satisfies the requirements specified in clause (ii) aboveDefault. (c) Such other reports and additional financial and other information relating to the business, affairs and financial condition of Amylin as Xxxxx reasonably may request in writing from time to time (subject to Xxxxxx’s obligations to third parties and provided that Amylin shall have no obligation to provide access to information that it deems highly confidential). Any information disclosed to Xxxxx pursuant to this Agreement shall be deemed Amylin Confidential Information subject to the provisions of Article 6 of the Collaboration Agreement.

Financial and Other Reports. Maintain a standard system of accounting in accordance with GAAP and, except to the extent publicly available in the SEC’s XXXXX System, furnish or cause to be furnished to Lilly: (a) As soon as practicable, and in any event within forty-five (45) days (or such shorter period of time as is required by the SEC for filing of quarterly financial statements) after the end of each of the first three fiscal quarters in each fiscal year, the consolidated balance sheet of Amylin and its subsidiaries as at the end of such period and the related consolidated statements of income and cash flows of Amylin and its subsidiaries for such fiscal quarter and for the period from the beginning of the then current fiscal year to the end of such fiscal quarter, certified by the chief financial officer or treasurer of Amylin as fairly presenting in all material respects the consolidated financial position of Amylin and its subsidiaries as at the dates indicated and the consolidated results of their operations and cash flows for the periods indicated in accordance with GAAP. Delivery within the time period specified above of copies of XxxxxxAmylin’s Quarterly Reports on Form 10-Q prepared in compliance with the requirements of the Exchange Act, in the form filed with the SEC, shall be deemed to satisfy the requirements of this paragraph. (b) As soon as practicable, and in any event within ninety (90) days (or such shorter period of time as is required by the SEC for filing of annual financial statements) after the end of each fiscal year, (i) the consolidated balance sheet of Amylin and its subsidiaries as at the end of such fiscal year and the related consolidated statements of income, stockholders’ equity and cash flows of Amylin and its subsidiaries for such fiscal year and, in comparative form the corresponding figures for the previous fiscal year and (ii) an audit report on the items listed in clause (i) hereof of independent certified public accountants of recognized national standing, which audit report shall be unqualified and shall state that such financial statements fairly present in all material respects the consolidated financial position of Amylin and its subsidiaries as at the dates indicated and the consolidated results of their operations and cash flows for the periods indicated in conformity with GAAP and that the examination by such accountants in connection with such consolidated financial statements has been made in accordance with generally accepted auditing standards. Delivery within the time period specified above of Amylin’s Annual Report on Form 10-K for such fiscal year prepared in accordance with the requirements of the Exchange Act, in the form filed with the SEC, shall be deemed to satisfy the foregoing requirements of this paragraph; provided that the auditors’ report contained therein satisfies the requirements specified in clause (ii) above. (c) Such other reports and additional financial and other information relating to the business, affairs and financial condition of Amylin as Xxxxx Lilly reasonably may request in writing from time to time (subject to XxxxxxAmylin’s obligations to third parties and provided that Amylin shall not have no any obligation to provide access to information that it deems highly confidential). Any information disclosed to Xxxxx Lilly pursuant to this Loan Agreement shall be deemed Amylin Confidential Information (as defined in the Settlement and Termination Agreement) subject to the provisions of Article 6 Section 13.3 of the Collaboration Settlement and Termination Agreement.

Financial and Other Reports. Maintain a standard system of accounting in accordance with GAAP andDuring the Term and so long as any --------------------------- obligations under this Lease remain outstanding, except to the extent publicly available in the SEC’s XXXXX System, furnish or cause to be furnished to LillyLease shall: (a) As soon as practicable, Furnish to Lessor and in any event Assignee of Lessor identified to Lessee (i) within forty-five (45) 90 days (or such shorter period of time as is required by the SEC for filing of quarterly financial statements) after the end close of each fiscal year of the first three fiscal quarters in each fiscal yearLessee, the consolidated an audited balance sheet and statement of Amylin changes in financial position of Lessee at and its subsidiaries as at the end of such period and the related consolidated statements of income and cash flows of Amylin and its subsidiaries for such fiscal quarter and for the period from the beginning of the then current fiscal year to the end of such fiscal year, together with an audited statement of income of Lessee for such fiscal year; (ii) within 45 days after the close of each calendar month (or, if the stock of Lessee is publicly traded, each fiscal quarter) of each fiscal year of Lessee, an unaudited balance sheet of Xxxxxx at and as of the end of such month (or quarter, certified by as the chief case may be), together with an unaudited statement of income of Lessee for such month or quarter, as the case may be; and (iii) from time to time, such other information as Lessor or Assignee may reasonably request regarding Xxxxxx's business, financial officer or treasurer of Amylin as fairly presenting in all material respects the consolidated financial position of Amylin condition and its subsidiaries as at the dates indicated and the consolidated results of their operations and cash flows for the periods indicated in accordance with GAAP. Delivery within the time period specified above of copies of Xxxxxx’s Quarterly Reports on Form 10-Q prepared in compliance with the requirements of the Exchange Act, in the form filed with the SEC, shall be deemed to satisfy the requirements of this paragraph.prospects; and (b) As soon as practicableConsider permitting Lessor, upon reasonable request, to substantially participate in management of Lessee by consulting with and advising officers of Xxxxxx regarding Lessee's equipment acquisition and financing plans, and in any event within ninety such other matters affecting the business, financial condition and prospects of Lessee as Lessor shall reasonably deem relevant; and (90c) days (If Lessor reasonably believes that financial or other developments affecting Lessee have impaired or are likely to impair Xxxxxx's ability to perform its obligations under this Lease, permit Lessor reasonable access to Lessee's management and/or Board of Directors and opportunity to present Lessor's views with respect to such developments. Lessee hereby warrants and represents that all financial statements delivered to Lessor or such shorter period Assignee by or upon behalf of time as is required by the SEC for filing of annual financial statements) after the end of each fiscal yearXxxxxx, (i) the consolidated balance sheet of Amylin and its subsidiaries as at the end of any statements and data submitted in writing to Lessor or such fiscal year Assignee in connection with this Lease, are true and the related consolidated statements of income, stockholders’ equity correct and cash flows of Amylin and its subsidiaries for such fiscal year and, in comparative form the corresponding figures for the previous fiscal year and (ii) an audit report on the items listed in clause (i) hereof of independent certified public accountants of recognized national standing, which audit report shall be unqualified and shall state that such financial statements fairly present in all material respects the consolidated financial position condition of Amylin and its subsidiaries as at the dates indicated and the consolidated results of their operations and cash flows Lessee for the periods indicated in conformity with GAAP involved, and that the examination by such accountants in connection with such consolidated financial statements has been made are prepared in accordance with generally accepted auditing standards. Delivery within the time period specified above of Amylin’s Annual Report on Form 10-K for such fiscal year prepared in accordance with the requirements of the Exchange Actaccounting principles consistently applied, and that there has occurred no material adverse change in the form filed with the SEC, shall be deemed to satisfy the foregoing requirements of this paragraph; provided that the auditors’ report contained therein satisfies the requirements specified in clause (ii) above. (c) Such other reports and additional financial and other information relating to the business, affairs and financial condition of Amylin as Xxxxx reasonably may request Lessee since the date of the last financial statement delivered to Lessor which has not been disclosed in writing from time to time (subject to Xxxxxx’s obligations to third parties and provided that Amylin shall have no obligation to provide access to information that it deems highly confidential). Any information disclosed to Xxxxx pursuant to this Agreement shall be deemed Amylin Confidential Information subject to the provisions of Article 6 of the Collaboration AgreementLessor.