Common use of Additional Reports and Information Clause in Contracts

Additional Reports and Information. (a) The Company shall furnish to the Parent 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 Company 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 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, year-end adjustments 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 Parent 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 the Parent 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 Parent 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, year-end adjustments 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).

Additional Reports and Information. (a) The Company shall furnish to the Parent Alcoa 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 Company 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 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 and the absence of footnotesadjustments), 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 Parent 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 the Parent 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 the Parent 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 and the absence of footnotesadjustments), in each case in accordance with past practice and GAAP consistently applied during the periods involved (except as otherwise disclosed in the notes thereto).

Additional Reports and Information. (a) The Company and Parent shall each furnish to the Parent other copies of all any reports of the type referred to in Section 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 statements statement therein, in light of the circumstances under which they were made, not misleading. The audited consolidated financial statements and the 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 cash flows changes in financial position or other information included therein for the periods or as of the date then ended (subject, in the case of the interim financial statementswhere appropriate, to normal, normal year-end adjustments and the absence of footnotesadjustments), 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 shall furnish prior to the date hereof. (c) The Company copies of all reports shall provide Parent with a copy of the type referred Company 1997 10-K no less than three business days prior to in Section 4.4 which filing it files with the SEC on or after and provide as soon as practicable any changes thereto. (d) Within seven days of the date hereof, and the Company shall provide a written schedule to Parent represents and warrants that as setting forth (i) the taxable years of the respective dates thereofCompany for which the statute of limitations with respect to Material State income Taxes have not expired, such reports will and (ii) with respect to Material State income Taxes, for all taxable years for which the statute of limitations has 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 thereinexpired, in light of the circumstances under those years for which they were madeexaminations have been completed, those years for which examinations are presently being conducted, and those years for which examinations have 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 the periods or as of 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 past practice and GAAP consistently applied during the periods involved (except as otherwise disclosed in the notes thereto)yet been initiated.

Additional Reports and Information. (a1) The Company shall furnish to the Parent Bidder copies of all reports of the type referred to in Section 3.4 which it or Life Technologies files with the SEC on or after the date hereof, and the Company 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 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 and the absence of footnotesadjustments), in each case in accordance with past practice and 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). (b2) The Parent Bidder shall furnish to the Company copies of all reports of the type referred to in Section 4.4 3.4 which it files with the SEC on or after the date hereof, and the Parent 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 Parent 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 and the absence of footnotesadjustments), in each case in accordance with past practice and GAAP consistently applied during the periods involved (except as otherwise disclosed in the notes thereto).

Additional Reports and Information. (a) The Company Upon request of INVU or Montague, Sunburst shall prepare and 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 Parent copies of them all reports 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 be supplied by Sunburst pursuant to this Section 3.4 which it files with the SEC on or after the date hereof, and the Company represents and warrants that as of the respective dates thereof, such reports 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 statements therein, in light of the circumstances under which they were made, made therein not misleading. The audited consolidated financial statements If at any time prior to the 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 promptly inform INVU 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 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, year-end adjustments 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)Montague. (bd) The Parent shall furnish to the Company copies of all reports All of the type referred reports, documents or information that Sunburst is required to file with any Governmental Entity pursuant to this Section 7.11 in Section 4.4 which it files connection with the SEC on or after transactions contemplated hereby will comply as to form in all material respects with the date hereofprovisions of applicable law, including applicable provisions of the Exchange Act and the rules and regulations thereunder, and the Parent represents and warrants that as of the respective dates thereof, each such reports will not contain any untrue statement of a material fact report or omit to state a material fact document required to be stated therein filed with any third party or necessary to make Governmental Entity will comply with the statements therein, in light provisions of the circumstances under which they were made, not misleading. The audited consolidated financial statements and applicable rules or laws as to 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 the periods or as of the date then ended (subject, in the case of the interim financial statements, required to normal, year-end adjustments 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)be contained therein.

Additional Reports and Information. (a) The Company shall furnish to the Parent Bidder copies of all reports of the type referred to in Section 3.4 which it or Life Technologies files with the SEC on or after the date hereof, and the Company 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 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 and the absence of footnotesadjustments), in each case in accordance with past practice and 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 Parent Bidder shall furnish to the Company copies of all reports of the type referred to in Section 4.4 3.4 which it files with the SEC on or after the date hereof, and the Parent 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 Parent 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 and the absence of footnotesadjustments), in each case in accordance with past practice and GAAP consistently applied during the periods involved (except as otherwise disclosed in the notes thereto).