EFTA01381120

2 the Relevant Jurisdictions, as amendel, and any other documentation reasonably requested by the other party as it relates thereto. (b) For the purposes of Section 4(a)(ii), the other documents to be delivered (which will be covered by the representation in Section 3(d) of the Agreement if specified) are as follows: Party required to Form/Document/ deliver document Certificate Party A and Party 13 Party B Party A Party B Part• B Evidence of the authority. incumbency and specimen signature of each person executing this Agreement or any Confirmation, Credit Support Document or other document entered into in connection with this Agn....imat on its behalf or otherwise, as the case may be. Its most recent Certificate of Formation and Operating Agreement. A copy of the most recent annual report containing consolidated financial statements of such party or its Credit Support Provider, if any, and such other public information respecting the condition or operations. financial or otherwise of such party or its Credit Support Provider, if any, as the other party may reasonably request from time to time. A copy of the most recent annual report containing consolidated financial statements of such party or its Credit Support Provider, if any, and such information respecting the condition or operations, financial or otherwise of such party or its Credit Support Provider, if any, as the other party may reasonably request from time to time. Date M• which to be delivered Upon or prior to the execution and delivery of this Agreement and, with respect to any Confirmation upon request by the other As of the execution of this Agreement. or upon any material change in such documents Promptly after request by the other patty Promptly after request by the other part•. Monthly report Within ten (10) business of unencumbered cash and days after the end of the marketable securities. relevant calendar month. Covered by Section 3(d) Representation: Yes Yes Yes Yes Yes CONFIDENTIAL - PURSUANT TO FED. R. CRIM. P. 6(e) DB-SDNY-0079885 CONFIDENTIAL SDNY_GM_00226069 EFTA01381120