Limited Liability Company Agreement

　　(4) copies of the company's currently effective written agreement, copies of any writings permitted or required with respect to an equity owner's obligation to contribute cash, property or services, and copies of any financial statements of the company for the three (3) most recent fiscal years;

　　(5) minutes of every annual, special meeting and court ordered meeting;

　　(6) any written consents obtained from members for actions taken by members without a meeting.

　　(b) the company shall cause the preparation and distribution to each member of the following reports on the activities and financial position of the company, which reports shall be prepared in accordance with generally accepted accounting principles consistently applied:

　　(1) within 30 days after the end of each of the first three quarters, (a) balance sheet as of the end of such quarter, and (b) a detailed statement of income or loss both for the quarterly period just ended and with respect to the second and third quarters, for the period commencing with the first day of the fiscal year and ending on the last day of the respective quarter ('yeartodate).

　　(2) within 60 days after the end of each fiscal year, (a) a balance sheet as of the end of such fiscal year, and (b) a detailed statement of income or loss for such fiscal year.

　　(3) the company shall also provide audited financial statements to each member no later than 75 days after the end of each fiscal year.

　　9.11 returns and other elections.

　　(a) subject to section 9.11(b), the manager shall cause the preparation and timely filing of all tax returns required to be filed by the company pursuant to the code and all other tax returns deemed necessary and required in each jurisdiction in which the company does business. copies of such returns, or pertinent information therefrom, shall be furnished to the equity owners within a reasonable time after the end of the fiscal year.

　　(b) with respect to any income tax returns required to be filed by the company, the manager shall provide hhh partners domestic and its authorized representatives with copies of such completed tax returns and any applicable work papers on or prior to the fifteenth day of the third month following the close of the company's taxable year, and hhh partners domestic and its authorized representatives shall have the right to review such tax returns prior to their filing. the manager and hhh partners domestic agree to consult and resolve in good faith any issues arising as a result of the review of such tax returns by hhh partners domestic or its authorized representatives and to mutually consent to their filing. if the manager and och ziff partners domestic agree as to the contents of such returns, then the manager shall file such returns as soon as practicable thereafter. in the event the parties are unable to resolve any dispute prior to the first day of the fourth month following the close of the company's taxable year, the parties shall jointly select an independent accounting firm to resolve any issue in dispute as promptly as possible. if such accounting firm is unable to make a determination with respect to any disputed issue prior to the due date (including extensions) for filing the tax returns in question, then the manager may file such tax returns on the due date (including extensions) therefor without such determination having been made and without hhh partners domestic's consent. notwithstanding the filing of such tax returns, the accounting firm mutually selected by the parties to resolve the dispute shall make a determination with respect to any disputed issues, and the company shall file amended tax returns consistent with such determination if the determination of the accounting firm is inconsistent with the manner in which such disputed matter was reported on the tax return.