GNC 2008 Annual Report Download - page 190

(h) For purposes of this Section 4.03, each of Ares and the Co-Investors shall be treated as separate Stockholders.
SECTION 4.04. Information; Confidentiality.
(a) The Company shall deliver to each Qualified Investor:
(i) as soon as available after the end of each fiscal quarter (but in no event later than the earlier of the date delivered under the Senior Credit Facility and
60 days after the end of each fiscal quarter), copies of:
(1) unaudited consolidated balance sheets of the Company and its subsidiaries as at the end of such quarter, and
(2) unaudited consolidated statements of income, stockholders' equity and cash flows of the Company and its subsidiaries, for such quarter and for
the portion of such fiscal year and the prior fiscal year ending with such quarter,
in each case prepared in accordance with GAAP applicable to periodic financial statements generally, fairly presenting, in all material respects, the
financial position of the Persons being reported on and their results of operations and cash flows, subject to changes resulting from normal year-end
adjustments; and
(ii) as soon as available after the end of each fiscal year of the Company (but in no event later than the earlier of the date delivered under the Senior
Credit Facility and 120 days after the end of each fiscal year), copies of:
(1) audited consolidated balance sheets of the Company and its subsidiaries as at the end of such year, and
(2) audited consolidated statements of income, stockholders' equity and cash flows of the Company and its subsidiaries for such year,
in each case, prepared in accordance with GAAP, fairly presenting, in all material respects, the financial position of the Persons being reported on and their
results of operations and cash flows, and accompanied by an opinion thereon of independent certified public accountants of recognized national standing,
which opinion shall state that such financial statements present fairly, in all material respects, the financial position of the Persons being reported upon and
their results of operations and cash flows and have been prepared in conformity with GAAP.
(b) Each Qualified Investor shall be provided with (i) reasonable opportunity to discuss the business and affairs of the Company with the Company's
senior managers, directors, officers and senior employees, upon reasonable advance notice during normal business hours, and (ii) such other information as
such Qualified Investor shall reasonably request.
(c) Each Stockholder agrees, and will require each of its directors, officers, employees, agents and representatives to agree, to hold in confidence and
not use or disclose to any third party (other than its legal counsel, financial advisors and accountants) any information provided to or learned by such party in
connection with its investment in the Company or such Stockholder's rights under this Agreement. Notwithstanding the foregoing, (x) Ares may deliver any
information provided pursuant to Section 4.04(a) to the Co-Investors in accordance with the terms of the Co-Investors Agreement, and (y)