ON A MONTHLY BASIS FOR THE COMPANY AND
ITS SUBSIDIARIES FOR SUCH FISCAL YEAR (DISPLAYING ANTICIPATED STATEMENTS OF
INCOME AND CASH FLOWS AND BALANCE SHEETS), AND PROMPTLY UPON PREPARATION THEREOF
ANY OTHER SIGNIFICANT BUDGETS PREPARED BY THE COMPANY AND ANY REVISIONS OF SUCH
ANNUAL OR OTHER BUDGETS; AND
(V)
WITH REASONABLE PROMPTNESS, SUCH OTHER INFORMATION AND FINANCIAL
DATA CONCERNING THE COMPANY AND ITS SUBSIDIARIES AS ANY PERSON ENTITLED TO
RECEIVE INFORMATION UNDER THIS SECTION 9(C) MAY REASONABLY REQUEST.
Each of the financial statements referred to in subparagraphs (i) and (ii) above
shall fairly present in all material respects in accordance with GAAP, the
financial condition at such date and the results of operations and cash flows
for such period, subject in the case of the unaudited financial statements to
absence of footnote disclosure and changes resulting from normal year-end
adjustments for recurring accruals (none of which would, alone or in the
aggregate, be materially adverse to the business, condition (financial or
otherwise), operating results, assets, liabilities, operations, business
prospects or customer, supplier or employee relations of the Company and its
Subsidiaries taken as a whole).
(D)
INSPECTION RIGHTS.
THE COMPANY SHALL PERMIT, UPON REASONABLE NOTICE AND
DURING NORMAL BUSINESS HOURS, ANY REPRESENTATIVES DESIGNATED BY BOISE AND EACH
HOLDER OF REGISTRABLE SECURITIES HOLDING MORE THAN 5% OF THE COMMON STOCK AS OF
SUCH DATE, AT SUCH HOLDER'S OWN EXPENSE, TO (I) VISIT AND INSPECT ANY OF THE
PROPERTIES OF THE COMPANY AND ITS SUBSIDIARIES, (II) EXAMINE THE CORPORATE AND
FINANCIAL RECORDS OF THE COMPANY AND ITS SUBSIDIARIES AND MAKE COPIES THEREOF OR
EXTRACTS THEREFROM AND (III) DISCUSS THE AFFAIRS, FINANCES AND ACCOUNTS OF ANY
SUCH CORPORATIONS WITH THE DIRECTORS, OFFICERS, KEY EMPLOYEES AND INDEPENDENT
ACCOUNTANTS OF THE COMPANY AND ITS SUBSIDIARIES.
THE PRESENTATION OF AN
EXECUTED COPY OF THIS AGREEMENT BY ANY SUCH PERSON TO THE COMPANY'S INDEPENDENT
ACCOUNTANTS SHALL CONSTITUTE THE COMPANY'S PERMISSION TO ITS INDEPENDENT
ACCOUNTANTS TO PARTICIPATE IN DISCUSSIONS WITH SUCH PERSON.
(E)
CONFIDENTIALITY.
TO THE EXTENT THAT ANY SUCH INFORMATION MADE AVAILABLE
TO ANY HOLDER OF BOISE REGISTRABLE SECURITIES PURSUANT TO THIS SECTION 9
(INCLUDING SECTION 9(C)) WOULD REQUIRE DISCLOSURE UNDER REGULATION FD, SUCH
HOLDER SHALL, AS A CONDITION TO RECEIVING ANY SUCH INFORMATION THAT IS NOT
OTHERWISE PUBLICLY AVAILABLE, AGREE IN WRITING TO KEEP SUCH INFORMATION
CONFIDENTIAL AND NOT DISCLOSE SUCH INFORMATION TO ANY PERSON (I) UNLESS SUCH
PERSON AGREES TO KEEP SUCH INFORMATION CONFIDENTIAL OR (II) EXCEPT AS MAY BE
REQUIRED BY APPLICABLE LAW (INCLUDING SECURITIES LAW).
EACH HOLDER OF BOISE
REGISTRABLE SECURITIES PARTY TO THIS AGREEMENT SHALL BE DEEMED BY ITS EXECUTION
HEREOF TO HAVE SATISFIED THE CONDITION REFERRED TO IN THIS SECTION 9(E).
ANY
HOLDER OF BOISE REGISTRABLE SECURITIES MAY, AT ANY TIME AND FROM TIME TO TIME,
DELIVER WRITTEN NOTICE TO THE COMPANY THAT IT DOES NOT DESIRE TO RECEIVE ALL OR
ANY PORTION OF ANY MATERIAL NON-PUBLIC INFORMATION TO WHICH IT IS OTHERWISE
ENTITLED PURSUANT TO SECTION 9 (WITHOUT PREJUDICE TO SUCH HOLDER'S RIGHT TO
RECEIVE SUCH INFORMATION IN THE FUTURE).