APPLICABLE
PRODUCT CONSTITUTE MORE THAN FIVE PERCENT (5%) OF CONSOLIDATED GROSS REVENUES
OVER THE IMMEDIATELY PRECEDING 12 MONTH PERIOD,
OR (C) NOTICE FROM THE FDA, ANY
FOREIGN PHARMACEUTICAL REGULATOR OR ANY OTHER GOVERNMENTAL ENTITY THAT IT HAS OR
INTENDS TO SUSPEND, TERMINATE OR MATERIALLY RESTRICT THE RIGHT OF THE COMPANY OR
ANY OF ITS SUBSIDIARIES TO MARKET BYETTA, SYMLIN OR ANY OTHER PRODUCTS, IN EACH
CASE THE SALE OF WHICH, IN THE APPLICABLE JURISDICTION, CONSTITUTES MORE THAN
FIVE PERCENT (5%) OF CONSOLIDATED GROSS REVENUES OVER THE IMMEDIATELY PRECEDING
12 MONTH PERIOD, AND (II) AFTER DELIVERY THEREOF BY THE COMPANY OR AN OF ITS
SUBSIDIARIES TO THE FDA OR ANY FOREIGN PHARMACEUTICAL REGULATOR, COPIES OF ALL
RESPONSES TO ANY OF THE FOREGOING.
(H)
CORRESPONDENCE.
NOT LATER THAN TEN DAYS AFTER RECEIPT THEREOF BY THE
COMPANY OR ANY OTHER LOAN PARTY THEREOF, COPIES OF ALL MATERIAL NOTICES,
REQUESTS AND OTHER DOCUMENTS (INCLUDING AMENDMENTS, WAIVERS AND OTHER
MODIFICATIONS) SO RECEIVED UNDER
70
OR PURSUANT TO ANY INSTRUMENT, INDENTURE, LOAN OR CREDIT OR SIMILAR WITH RESPECT
TO ANY INDEBTEDNESS SUBJECT TO SECTION 8.01(E) AGREEMENT AND, FROM TIME TO TIME
UPON REQUEST BY THE ADMINISTRATIVE AGENT, SUCH INSTRUMENTS, INDENTURES AND LOAN
AND CREDIT AND SIMILAR AGREEMENTS AS THE ADMINISTRATIVE AGENT MAY REASONABLY
REQUEST.
(I)
ENVIRONMENTAL NOTICES. PROMPTLY AFTER A RESPONSIBLE OFFICER OF THE
COMPANY OBTAINS OR SHOULD HAVE OBTAINED KNOWLEDGE OF THE ASSERTION OR OCCURRENCE
THEREOF, NOTICE OF ANY ACTION OR PROCEEDING AGAINST OR OF ANY NONCOMPLIANCE BY
THE COMPANY OR ANY OF LOAN PARTY WITH ANY ENVIRONMENTAL LAW OR ENVIRONMENTAL
PERMIT THAT COULD (I) REASONABLY BE EXPECTED TO HAVE A MATERIAL ADVERSE EFFECT
OR (II) CAUSE ANY PROPERTY DESCRIBED IN THE MORTGAGES TO BE SUBJECT TO ANY
MATERIAL RESTRICTIONS ON OWNERSHIP, OCCUPANCY, USE OR TRANSFERABILITY UNDER ANY
ENVIRONMENTAL LAW.
(J)
SCHEDULE SUPPLEMENTS. AS SOON AS AVAILABLE, BUT IN ANY EVENT WITHIN 90
DAYS AFTER THE END OF EACH FISCAL YEAR OF THE COMPANY, A REPORT SUPPLEMENTING
SCHEDULES 5.08(C), 5.08(D)(I), 5.08(D)(II) AND 5.13, INCLUDING AN IDENTIFICATION
OF ALL OWNED AND LEASED REAL PROPERTY DISPOSED OF BY ANY LOAN PARTY THEREOF
DURING SUCH FISCAL YEAR, A LIST AND DESCRIPTION (INCLUDING THE STREET ADDRESS,
COUNTY OR OTHER RELEVANT JURISDICTION, STATE, RECORD OWNER, BOOK VALUE THEREOF
AND, IN THE CASE OF LEASES OF PROPERTY, LESSOR, LESSEE, EXPIRATION DATE AND
ANNUAL RENTAL COST THEREOF) OF ALL REAL PROPERTY ACQUIRED OR LEASED DURING SUCH
FISCAL YEAR AND A DESCRIPTION OF SUCH OTHER CHANGES IN THE INFORMATION INCLUDED
IN SUCH SCHEDULES AS MAY BE NECESSARY FOR SUCH SCHEDULES TO BE ACCURATE AND
COMPLETE, SUCH REPORT TO BE SIGNED BY A RESPONSIBLE OFFICER OF THE COMPANY AND
TO BE IN A FORM REASONABLY SATISFACTORY TO THE ADMINISTRATIVE AGENT.
(K)
ADDITIONAL REPORTING. PROMPTLY, SUCH ADDITIONAL INFORMATION REGARDING THE
BUSINESS, FINANCIAL, LEGAL OR CORPORATE AFFAIRS OF THE COMPANY OR ANY SUBSIDIARY
THEREOF, OR COMPLIANCE WITH THE TERMS OF THE LOAN DOCUMENTS, AS THE
ADMINISTRATIVE AGENT OR ANY LENDER MAY FROM TIME TO TIME REASONABLY REQUEST.
Documents required to be delivered pursuant to Section