Common use of Other Information Clause in Contracts

Other Information. From time to time such other information concerning the Company and its Subsidiaries (including financial and management reports submitted to the Company by independent auditors in connection with each annual or interim audit made by such auditors of the books of the Company) as the Administrative Agent or any Bank through the Administrative Agent may reasonably request. Documents required to be delivered pursuant to Section 10.1.1, 10.1.2 or 10.1.4 (to the extent any such documents are included in materials otherwise filed with the SEC) may be delivered electronically and, if so delivered, shall be deemed to have been delivered on the date (i) on which the Company posts such documents, or provides a link thereto on the Company’s website on the Internet at the website address listed on Schedule 14.3; or (ii) on which such documents are posted on the Company’s behalf on an Internet or intranet website, if any, to which each Bank and the Administrative Agent have access (whether a commercial, third-party website or whether sponsored by the Administrative Agent); provided that the Company shall notify (which may be by facsimile or electronic mail) the Administrative Agent (which shall notify each Bank) of the posting of any such document and, promptly upon request by the Administrative Agent, provide to the Administrative Agent by electronic mail an electronic version (i.e., a soft copy) of any such document specifically requested by the Administrative Agent. The Administrative Agent shall have no obligation to request the delivery or to maintain copies of the documents referred to above, and in any event shall have no responsibility to monitor compliance by the Company with any such request for delivery, and each Bank shall be solely responsible for requesting delivery to it or maintaining its copies of such documents. The Company hereby acknowledges that (a) the Lead Arrangers and/or Bank of America will make available to the Banks materials and/or information provided by or on behalf of the Company hereunder (collectively, “Borrower Materials”) to Banks and potential Banks by posting the Borrower Materials on IntraLinks or another similar electronic system (the “Platform”) and (b) certain of the Banks or potential Banks may be “public-side” Banks (i.e., Banks that do not wish to receive material non-public information with respect to the Company or its securities) (each, a “Public Bank”). The Company hereby agrees that it will use commercially reasonable efforts to identify that portion of the Borrower Materials that may be distributed to the Public Banks and that (w) all Borrower Materials that are made available to Public Banks shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (x) by marking Borrower Materials “PUBLIC,” the Company shall be deemed to have authorized the Lead Arrangers, Bank of America, the Banks and the proposed Banks to treat such Borrower Materials as not containing any material non-public information with respect to the Company or its securities for purposes of United States Federal and state securities laws, it being understood that certain of such Borrower Materials may be subject to the confidentiality requirements of Section 14.14; (y) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated “Public Investor;” and (z) the Lead Arrangers and Bank of America shall treat any Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on, and shall only post such Borrower Materials on, the portion of the Platform not designated “Public Investor.” Notwithstanding the foregoing, the Company shall be under no obligation to xxxx any Borrower Materials “PUBLIC”.

Other Information. From time to time Promptly upon the reasonable request therefor, such other information concerning the Company and its Subsidiaries or documents (financial or otherwise (including financial and management reports submitted related to the Company by independent auditors in connection with each annual insurance)) relating to any Credit Party or interim audit made by such auditors of the books of the Company) any Subsidiary as the Administrative Agent or any Bank Lender (through the Administrative Agent Agent) may reasonably request. Documents required request from time to be delivered pursuant time in good faith (excluding (i) information subject to Section 10.1.1attorney-client privilege, 10.1.2 or 10.1.4 (ii) information the subject of binding confidentiality agreements entered into in good faith, and (iii) any information relating to any investigation by any Governmental Authority to the extent any (A) such documents are included information is identifiable to a particular individual and the Parent Borrower in materials otherwise filed with good faith determines such information should remain confidential or (B) the SEC) information requested is not factual in nature). The Section 6.01 Financials may be delivered electronically and, and if so delivered, shall be deemed to have been delivered on the date (i) on which the Company Parent Borrower posts such documents, or provides a link thereto documents on the CompanyParent Borrower’s website on the Internet at the website address listed on Schedule 14.3Internet; or (ii) on which such documents are posted made available by the Parent Borrower to the Administrative Agent for posting on the CompanyParent Borrower’s behalf on an Internet IntraLinks/IntraAgency or intranet another relevant website, if any, to which each Bank Lender and the Administrative Agent have access (whether a commercial, third-party website or whether sponsored by the Administrative Agent); provided that the Company shall notify Parent Borrower’s having filed with the SEC (which may be by facsimile or electronic maila) an annual report on Form 10-K for such year will satisfy the Administrative Agent Parent Borrower’s obligation under Section 6.01(a) with respect to such year and (which shall notify each Bankb) of a quarterly report on Form 10-Q for such quarter will satisfy the posting of any Parent Borrower’s obligation under Section 6.01(b) with respect to such document and, promptly upon request by the Administrative Agent, provide to the Administrative Agent by electronic mail an electronic version (i.e., a soft copy) of any such document specifically requested by the Administrative Agentquarter. The Administrative Agent shall have no obligation to request the delivery or to maintain copies of the documents referred to above, and in any event shall have no responsibility to monitor compliance by the Company with any such request for delivery, and each Bank Each Lender shall be solely responsible for timely accessing posted documents or requesting delivery to it or of paper copies of such documents from the Administrative Agent and maintaining its copies of such documents. The Company Parent hereby acknowledges that (a) the Lead Administrative Agent and/or the Arrangers and/or Bank of America will make available to the Banks Lenders and the LC Issuers materials and/or information provided by or on behalf of the Company Parent Borrower hereunder (collectively, “Parent Borrower Materials”) to Banks and potential Banks by posting the Parent Borrower Materials on IntraLinks IntraLinks, SyndTrack Online or another similar electronic system (the “Platform”) and (b) certain of the Banks or potential Banks Lenders may be “public-side” Banks Lenders (i.e., Banks Lenders that do not wish to receive material non-public information with respect to the Company Parent Borrower or its securities) (each, a “Public BankLender”). The Company Parent Borrower hereby agrees that it will use commercially reasonable efforts to identify that portion of the make all Parent Borrower Materials that may the Parent Borrower intends to be distributed to the Public Banks and that (w) all Borrower Materials that are made available to Public Banks shall be Lenders clearly and conspicuously marked designated as “PUBLIC.” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (x) by marking By designating Parent Borrower Materials as “PUBLIC,” the Company Parent Borrower authorizes such Parent Borrower Materials to be made available to a portion of the Platform designated “Public Investor,” which is intended to contain only information that is either publicly available or not material information (though it may be sensitive and proprietary) with respect to the Parent Borrower or its securities for purposes of United States federal and state securities laws. Notwithstanding the foregoing, the Parent Borrower shall not be under any obligation to mark any Parent Borroxxx Materials “PUBLIC.” The Parent Borrower agrees that (i) any Loan Documents and (ii) any financial statements delivered pursuant to Sections 6.01(a) and (b) will be deemed to have authorized the Lead Arrangers, Bank of America, the Banks and the proposed Banks to treat such be “public-side” Borrower Materials as and may be made available to Public Lenders. Each Public Lender agrees to cause at least one individual at or on behalf of such Public Lender to at all times have selected the “Private Side Information” or similar designation on the content declaration screen of the Platform in order to enable such Public Lender or its delegate, in accordance with such Public Lender’s compliance procedures and applicable law, including United States federal and state securities laws, to make reference to communications that are not containing any made available through the “Public Side Information” portion of the Platform and that may contain material non-public information with respect to the Company Parent Borrower or its securities for purposes of United States Federal and federal or state securities laws, it being understood that certain of such Borrower Materials may be subject to the confidentiality requirements of Section 14.14; (y) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated “Public Investor;” and (z) the Lead Arrangers and Bank of America shall treat any Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on, and shall only post such Borrower Materials on, the portion of the Platform not designated “Public Investor.” Notwithstanding the foregoing, the Company shall be under no obligation to xxxx any Borrower Materials “PUBLIC”.

Other Information. From Promptly, such additional financial and other information as the Administrative Agent, at the request of any Lender, may from time to time such other information concerning the Company and its Subsidiaries (including financial and management reports submitted to the Company by independent auditors in connection with each annual or interim audit made by such auditors of the books of the Company) as the Administrative Agent or any Bank through the Administrative Agent may reasonably request. Documents required to be delivered pursuant to Section 10.1.1, 10.1.2 7.1(a) or 10.1.4 (b) or Section 7.2(e) (to the extent any such documents are included in materials otherwise filed with the SEC) may be delivered electronically and, and if so delivered, shall be deemed to have been delivered on the date (i) on which the Company Borrower posts such documents, or provides a link thereto on the CompanyBorrower’s website on the Internet at the website address listed on Schedule 14.311.1; or (ii) on which such documents are posted on the CompanyBorrower’s behalf on an Internet or intranet website, if any, to which each Bank Lender and the Administrative Agent have access (whether a commercial, third-party website or whether sponsored by the Administrative Agent); provided that: (i) the Borrower shall deliver paper copies of such documents to the Administrative Agent or any Lender that requests the Company Borrower to deliver such paper copies until a written request to cease delivering paper copies is given by the Administrative Agent or such Lender and (ii) the Borrower shall notify the Administrative Agent and each Lender (which may be by facsimile or electronic mail) the Administrative Agent (which shall notify each Bank) of the posting of any such document and, promptly upon request documents and if requested by the Administrative Agent, Agent provide to the Administrative Agent by electronic mail an electronic version versions (i.e., a soft copycopies) of any such document specifically requested documents. Notwithstanding anything contained herein, in every instance the Borrower shall be required to provide paper copies of the Compliance Certificates required by Section 7.2(b) to the Administrative Agent. The Except for such Compliance Certificates, the Administrative Agent shall have no obligation to request the delivery or to maintain copies of the documents referred to above, and in any event shall have no responsibility to monitor compliance by the Company Borrower with any such request for delivery, and each Bank Lender shall be solely responsible for requesting delivery to it or maintaining its copies of such documents. The Company Borrower hereby acknowledges that (a) the Lead Arrangers Administrative Agent and/or Bank of America the Arranger will make available to the Banks Lenders and the L/C Issuer materials and/or information provided by or on behalf of the Company Borrower hereunder (collectively, “Borrower Materials”) to Banks and potential Banks by posting the Borrower Materials on IntraLinks or another similar electronic system (the “Platform”) and (b) certain of the Banks or potential Banks Lenders (each a “Public Lender”) may be “public-side” Banks (i.e., Banks that have personnel who do not wish to receive material non-public information with respect to the Company Borrower or its Affiliates, or the respective securities of any of the foregoing, and who may be engaged in investment and other market-related activities with respect to such Persons’ securities) (each, a “Public Bank”). The Company Borrower hereby agrees that it will use commercially reasonable efforts to identify that portion of the Borrower Materials that may be distributed to the Public Banks and that (w) all Borrower Materials that are to be made available to Public Banks Lenders shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (x) by marking Borrower Materials “PUBLIC,” the Company Borrower shall be deemed to have authorized the Lead Arrangers, Bank of AmericaAdministrative Agent, the Banks Arranger, the L/C Issuer and the proposed Banks Lenders to treat such Borrower Materials as not containing any material non-public information with respect to the Company Borrower or its securities for purposes of United States Federal federal and state securities lawslaws (provided, it being understood however, that certain of to the extent such Borrower Materials may constitute Information, they shall be subject to the confidentiality requirements of treated as set forth in Section 14.1411.12); (y) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated as “Public InvestorSide Information;” and (z) the Lead Arrangers Administrative Agent and Bank of America the Arranger shall be entitled to treat any Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on, and shall only post such Borrower Materials on, the on a portion of the Platform that is not designated marked as “Public Investor.” Side Information”. Notwithstanding the foregoing, the Company Borrower shall be under no obligation to xxxx mxxx any Borrower Materials “PUBLIC.”.

Other Information. From time to time such Such other certificates, reports and information concerning the Company and its Subsidiaries (including financial and management reports submitted to the Company by independent auditors in connection with each annual or interim audit made by such auditors of the books of the Companyotherwise) as the Administrative Agent may reasonably request from time to time in connection with the financial condition or business of Holdings and its Restricted Subsidiaries; provided, however, that none of Holdings, the Borrower nor any Bank through Restricted Subsidiary shall be required to disclose or provide any information (i) that constitutes non-financial trade secrets or non-financial proprietary information of Holdings, the Borrower and/or any of their respective subsidiaries, customers and/or suppliers, (ii) in respect of which disclosure to the Administrative Agent may reasonably requestor any Lender (or any of their respective representatives or contractors) is prohibited by applicable Requirements of Law, (iii) that is subject to attorney-client or similar privilege or constitutes attorney work product or (iv) in respect of which Holdings, the Borrower or any Restricted Subsidiary owes confidentiality obligations to any third party; provided, further, that, with respect to this clause (iv), the Borrower shall (A) make the Administrative Agent aware of such confidentiality obligations (to the extent permitted under the applicable confidentiality obligation) and (B) use commercially reasonable efforts to communicate the relevant information in a way that does not violate such confidentiality obligations. Documents required to be delivered pursuant to this Section 10.1.1, 10.1.2 or 10.1.4 (to the extent any such documents are included in materials otherwise filed with the SEC) 5.01 may be delivered electronically and, and if so delivered, shall be deemed to have been delivered on the date (i) on which the Company Borrower (or a representative thereof) (x) posts such documents, documents or (y) provides a link thereto on the Company’s website of the Borrower on the Internet at the website address listed on Schedule 14.39.01; provided that, other than with respect to items required to be delivered pursuant to Section 5.01(k), the Borrower shall promptly notify (which may be by email (including PDF and similar attachments)) the Administrative Agent of the posting of any such documents on the website of the Borrower (or its applicable subsidiary) and provide to the Administrative Agent by electronic mail electronic versions (i.e., soft copies) of such documents; (ii) on which such documents are posted delivered by the Borrower to the Administrative Agent for posting on behalf of the Company’s behalf Borrower on an Internet SyndTrak or intranet another relevant website, if any, to which each Bank Lender and the Administrative Agent have access (whether a commercial, third-party website or whether sponsored by the Administrative Agent); (iii) on which executed certificates or other documents are electronically mailed to an address provided that the Company shall notify (which may be by facsimile or electronic mail) the Administrative Agent (which shall notify each Bank) of the posting of any such document and, promptly upon request by the Administrative Agent, provide to the Administrative Agent by electronic mail an electronic version ; or (i.e., a soft copyiv) of any such document specifically requested by the Administrative Agent. The Administrative Agent shall have no obligation to request the delivery or to maintain copies in respect of the documents referred items required to above, and be delivered pursuant to Section 5.01(k) in respect of information filed by any event shall have no responsibility to monitor compliance by the applicable Parent Company with any such request for delivery, securities exchange or with the SEC or any analogous governmental or private regulatory authority with jurisdiction over matters relating to securities (other than Form 10-Q reports and each Bank shall be solely responsible for requesting delivery to it or maintaining its copies of such documents. The Company hereby acknowledges that (a) the Lead Arrangers and/or Bank of America will make available to the Banks materials and/or information provided by or on behalf of the Company hereunder (collectively, “Borrower Materials”) to Banks and potential Banks by posting the Borrower Materials on IntraLinks or another similar electronic system (the “Platform”Form 10-K reports described in Sections 5.01(a) and (b) certain ), respectively), on which such items have been made available on the SEC website or the website of the Banks relevant analogous governmental or potential Banks may be “public-side” Banks (i.e., Banks that do not wish to receive material non-public information with respect to the Company private regulatory authority or its securities) (each, a “Public Bank”)securities exchange. The Company hereby agrees that it will use commercially reasonable efforts to identify that portion of the Borrower Materials that may be distributed to the Public Banks and that (w) all Borrower Materials that are made available to Public Banks shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (x) by marking Borrower Materials “PUBLIC,” the Company shall be deemed to have authorized the Lead Arrangers, Bank of America, the Banks and the proposed Banks to treat such Borrower Materials as not containing any material non-public information with respect to the Company or its securities for purposes of United States Federal and state securities laws, it being understood that certain of such Borrower Materials may be subject to the confidentiality requirements of Section 14.14; (y) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated “Public Investor;” and (z) the Lead Arrangers and Bank of America shall treat any Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on, and shall only post such Borrower Materials on, the portion of the Platform not designated “Public Investor.” Notwithstanding the foregoing, the obligations in paragraphs (a), (b) and (h) of this Section 5.01 may be satisfied with respect to any financial statements of the Borrower by furnishing (A) the applicable financial statements of any Parent Company or (B) any Parent Company’s Form 10-K or 10-Q, as applicable, filed with the SEC or any securities exchange, in each case, within the time periods specified in such paragraphs; provided that, with respect to each of clauses (A) and (B), (i) to the extent such financial statements relate to any Parent Company, such financial statements shall be accompanied by consolidating information that summarizes in reasonable detail the differences between the information relating to such Parent Company, on the one hand, and the information relating to the Borrower and its consolidated subsidiaries on a standalone basis, on the other hand, which consolidating information shall be certified by a Responsible Officer of the Borrower as having been fairly presented in all material respects and (ii) to the extent such statements are in lieu of statements required to be provided under no obligation Section 5.01(b), such statements shall be accompanied by a report and opinion of an independent registered public accounting firm of nationally recognized standing, which report and opinion shall satisfy the applicable requirements set forth in Section 5.01(b). Any financial statement required to xxxx be delivered pursuant to Section 5.01(a) or (b) shall not be required to include acquisition accounting adjustments relating to the Transactions or any Borrower Materials “PUBLIC”-105- 129590608_2#96809902v9 Permitted Acquisition to the extent it is not practicable to include any such adjustments in such financial statement.

Other Information. From Subject to the confidentiality provisions of Section 9.8, promptly, from time to time such other information concerning time, the Company and its Subsidiaries (including financial and management reports submitted to the Company by independent auditors in connection with each annual or interim audit made by such auditors of the books of the Company) as the Administrative Agent or any Bank through the Administrative Agent may reasonably request. Documents required to be delivered pursuant to Section 10.1.1, 10.1.2 or 10.1.4 (to the extent any such documents are included in materials otherwise filed with the SEC) may be delivered electronically and, if so delivered, Credit Parties shall be deemed to have been delivered on the date (i) on which the Company posts such documents, or provides a link thereto on the Company’s website on the Internet at the website address listed on Schedule 14.3; or (ii) on which such documents are posted on the Company’s behalf on an Internet or intranet website, if any, to which each Bank and the Administrative Agent have access (whether a commercial, third-party website or whether sponsored by the Administrative Agent); provided that the Company shall notify (which may be by facsimile or electronic mail) the Administrative Agent (which shall notify each Bank) of the posting of any such document and, promptly upon request by the Administrative Agent, provide to the Administrative Agent by electronic mail an electronic version such other information regarding the operations, business affairs and financial condition of the Borrower or any Subsidiary, financial or otherwise (i.e.including, a soft copy) for the avoidance of doubt, any such document specifically requested by appraisals or reserves reports), that has been delivered to the Administrative AgentRevolving Agent or the Revolving Lenders, pursuant to the terms of the Revolving Loan Documents in the same form as so delivered. The Administrative Agent shall have no obligation to request the delivery or to maintain copies of the documents referred to above, and in any event shall have no responsibility to monitor compliance by the Company with any such request for delivery, and each Bank shall be solely responsible for requesting delivery to it or maintaining its copies of such documents. The Company Borrower hereby acknowledges that (a1) the Lead Arrangers and/or Bank of America Administrative Agent will make available to the Banks Lenders materials and/or information provided by or on behalf of the Company Borrower and its Subsidiaries hereunder (collectively, “Borrower Materials”) to Banks and potential Banks by posting the Borrower Materials on IntraLinks or another similar electronic system (the “Platform”) and (b2) certain of the Banks or potential Banks Lenders may be “public-side” Banks Lenders (i.e., Banks Lenders that do not wish to receive material non-public information with respect to the Company Borrower or its securities) (each, a “Public BankLender”). The Company Borrower hereby agrees that it will use commercially reasonable efforts to identify that portion of the Borrower Materials that may be distributed to the Public Banks and that (w) all Borrower Materials that are to be made available to Public Banks Lenders shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (x) by marking Borrower Materials “PUBLIC,” the Company Borrower shall be deemed to have authorized the Lead Arrangers, Bank of America, the Banks Administrative Agent and the proposed Banks Lenders to treat such Borrower Materials as not containing any material non-public information with respect to the Company Borrower, its Subsidiaries or its their securities for purposes of United States Federal and state securities laws, it being understood that certain of such Borrower Materials may be subject to the confidentiality requirements of Section 14.14; (y) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated “Public Investor;” and (z) the Lead Arrangers and Bank of America Administrative Agent shall be entitled to treat any Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on, and shall only post such Borrower Materials on, the on a portion of the Platform not designated “Public Investor.” Notwithstanding the foregoingDocuments required to be delivered pursuant to Sections 5.2(a), the Company (b) and (e) may be delivered electronically and if so delivered, shall be under no obligation deemed to xxxx any have been delivered on the date (i) on which the Borrower Materials “PUBLIC”posts such documents, or provides a link thereto on the Borrower’s website on the Internet and (ii) on which such documents are posted on the Borrower’s behalf on an Internet or intranet website, if any, to which each Lender and the Administrative Agent have access (whether a commercial, third-party website or whether sponsored by the Administrative Agent).

Other Information. From time to time Promptly, such other additional information concerning regarding the Company and its Subsidiaries (including financial and management reports submitted to the Company by independent auditors in connection with each annual business of any Loan Party or interim audit made by such auditors of the books of the Company) any Material Subsidiary that is a Restricted Subsidiary, as the Administrative Agent may from time to time on its own behalf or on behalf of any Bank through the Administrative Agent may Lender reasonably request. Documents required to be delivered pursuant to Section 10.1.1, 10.1.2 6.01 or 10.1.4 (to the extent any such documents are included in materials otherwise filed with the SEC) Section 6.02 may be delivered electronically and, and if so delivered, shall be deemed to have been delivered on the date (i) on which the Company Borrower posts such documents, or provides a link thereto thereto, on the Company’s website Borrowers’ websites on the Internet at the website address addresses listed on Schedule 14.3; 11.02, or (ii) on which such documents are posted on the CompanyBorrower’s behalf on an Internet IntraLinks/IntraAgency or intranet another relevant website, if any, to which each Bank Lender and the Administrative Agent have access (whether a commercial, third-party website or whether sponsored by the Administrative Agent); provided that that: (A) upon written request by the Company Administrative Agent, the Borrower shall deliver paper copies of such documents to the Administrative Agent for further distribution to each Lender until a written request to cease delivering paper copies is given by the Administrative Agent and (B) the Borrower shall notify (which may be by facsimile or electronic mail) the Administrative Agent (which shall notify each Bank) of the posting of any such document and, promptly upon request by the Administrative Agent, documents and provide to the Administrative Agent by electronic mail an electronic version versions (i.e., a soft copycopies) of any such document specifically requested by the Administrative Agentdocuments. The Administrative Agent shall have no obligation to request the delivery or to maintain copies of the documents referred to above, and in any event shall have no responsibility to monitor compliance by the Company with any such request for delivery, and each Bank Each Lender shall be solely responsible for timely accessing posted documents or requesting delivery to it or of paper copies of such documents from the Administrative Agent and maintaining its copies of such documents. The Company Borrower hereby acknowledges that (ai) the Administrative Agent and/or the Lead Arrangers and/or Bank of America will make available to the Banks Lenders materials and/or information provided by or on behalf of the Company Borrower hereunder (collectively, “Borrower Materials”) to Banks and potential Banks by posting the Borrower Materials on IntraLinks or another similar electronic system (the “Platform”) and (bii) certain of the Banks or potential Banks Lenders may be “public-side” Banks (i.e., Banks that have personnel who do not wish to receive material non-public any information with respect to the Company Borrower or its Subsidiaries, or the respective securities of any of the foregoing that is not Public-Side Information, and who may be engaged in investment and other market-related activities with respect to such Person’s securities) (each, a “Public Bank”). The Company Borrower hereby agrees that it will use commercially reasonable efforts to identify that portion of the Borrower Materials that may be distributed to the Public Banks and that (wA) all Borrower Materials that are to be made available to Public Banks Lenders shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereofthereof (and by doing so shall be deemed to have represented that such information contains only Public-Side Information); (xB) by marking Borrower Materials “PUBLIC,” the Company Borrower shall be deemed to have authorized the Lead Arrangers, Bank of AmericaAdministrative Agent, the Banks Lead Arrangers and the proposed Banks Lenders to treat such Borrower Materials as not containing any material nononly Public-public information with respect Side Information (provided, however, that to the Company or its securities for purposes of United States Federal and state securities laws, it being understood that certain of extent such Borrower Materials may constitute Information, they shall be subject to the confidentiality requirements of treated as set forth in Section 14.1411.08); (yC) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated “Public Investor;” Public-Side Information”; and (zD) the Administrative Agent and the Lead Arrangers and Bank of America shall be entitled to treat any Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on, and shall only post such Borrower Materials on, the on a portion of the Platform not designated “Public InvestorPublic-Side Information”. Nothing in Section 6.02(e) shall require the Borrower to provide information (i) that constitutes non-financial trade secrets or non-financial proprietary information, (ii) in respect of which disclosure is prohibited by applicable Laws, (iii) that is subject to attorney client or similar privilege or constitutes attorney work product or (iv) the disclosure of which is restricted by binding agreements.” Notwithstanding the foregoing, the Company shall be under no obligation to xxxx any Borrower Materials “PUBLIC”.

Other Information. From time to time With reasonable promptness upon any such request, such other information concerning regarding the Company and its Subsidiaries (including business, properties or financial and management reports submitted to the Company by independent auditors in connection with each annual or interim audit made by such auditors condition of the books of the Company) any Consolidated Party as the Administrative Agent or any Bank through the Administrative Agent Required Lenders may reasonably request. Documents required to be delivered pursuant to Section 10.1.1Sections 7.1(a), 10.1.2 (b) or 10.1.4 (e) (to the extent any such documents are included in materials otherwise filed with the SEC) may be delivered electronically and, and if so delivered, shall be deemed to have been delivered on the date (i) on which the Company Borrower posts such documents, or provides a link thereto on the CompanyBorrower’s website on the Internet at the website address listed on Schedule 14.3; or (ii) on which such documents are posted on the CompanyBorrower’s behalf on an Internet or intranet website, if any, to which each Bank Lender and the Administrative Agent have access (whether a commercial, third-party website or whether sponsored by the Administrative Agent); provided that the Company Borrower shall notify (which may be by facsimile deliver paper copies of such documents to the Agent or electronic mail) any Lender that requests the Administrative Agent (which shall notify each Bank) of the posting of any Borrower to deliver such document and, promptly upon paper copies until a written request to cease delivering paper copies is given by the Administrative Agent, provide to the Administrative Agent by electronic mail an electronic version (i.e., a soft copy) of any or such document specifically requested by the Administrative AgentLender. The Administrative Agent shall have no obligation to request the delivery or to maintain copies of the documents referred to above, and in any event shall have no responsibility to monitor compliance by the Company Borrower with any such request for delivery, and each Bank Lender shall be solely responsible for requesting delivery to it or maintaining its copies of such documents. The Company Borrower hereby acknowledges that (a) the Agent and/or the Joint Lead Arrangers and/or Bank of America will make available to the Banks Lenders and the Issuing Lender materials and/or information provided by or on behalf of the Company Borrower hereunder (collectively, “Borrower Materials”) to Banks and potential Banks by posting the Borrower Materials on IntraLinks or another similar electronic system (the “Platform”) and (b) certain of the Banks or potential Banks Lenders may be “public-side” Banks Lenders (i.e., Banks Lenders that do not wish to receive material non-public information with respect to the Company Borrower or its securities) (each, a “Public BankLender”). The Company Borrower hereby agrees that it will use commercially reasonable efforts to identify that portion of so long as the Borrower Materials is the issuer of any outstanding debt or equity securities that may be distributed are registered or issued pursuant to the Public Banks and that a private offering or is actively contemplating issuing any such securities (w) all Borrower Materials that are to be made available to Public Banks Lenders shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (x) by marking Borrower Materials “PUBLIC,” the Company Borrower shall be deemed to have authorized the Lead Arrangers, Bank of AmericaAgent, the Banks Joint Lead Arrangers and the proposed Banks Lenders to treat such Borrower Materials as not containing any material non-public information with respect to the Company Borrower or its securities for purposes of United States Federal federal and state securities lawslaws (provided, it being understood however, that certain of to the extent such Borrower Materials may constitute Information, they shall be subject to the confidentiality requirements of treated as set forth in Section 14.1411.15); (y) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated as “Public Investor;” and (z) the Agent and the Joint Lead Arrangers and Bank of America shall be entitled to treat any Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on, and shall only post such Borrower Materials on, the on a portion of the Platform not designated marked as “Public Investor.” Notwithstanding the foregoing, the Company Borrower shall be under no obligation to xxxx any Borrower Materials “PUBLIC” and as such, all Borrower Materials delivered to the Agent or the Joint Lead Arrangers that are not marked “PUBLIC” shall be treated as being suitable only for posting on a portion of the Platform not marked as “Public Investor.”.

Other Information. From time to time time, such other information concerning or documents (financial or otherwise) with respect to the Company and Borrower or its Subsidiaries (including financial and management reports submitted to the Company by independent auditors in connection with each annual or interim audit made by such auditors of the books of the Company) as the Administrative Agent or any Bank through the Administrative Agent Lender may reasonably request. Documents required to be delivered pursuant to Section 10.1.1, 10.1.2 or 10.1.4 (to the extent any such documents are included in materials otherwise filed with the SEC) may be delivered electronically and, if so delivered, shall be deemed to have been delivered on the date (i) on which the Company posts such documents, or provides a link thereto on the Company’s website on the Internet at the website address listed on Schedule 14.3; or (ii) on which such documents are posted on the Company’s behalf on an Internet or intranet website, if any, to which each Bank and the Administrative Agent have access (whether a commercial, third-party website or whether sponsored by the Administrative Agent); provided that the Company shall notify (which may be by facsimile or electronic mail) the Administrative Agent (which shall notify each Bank) of the posting of any such document and, promptly upon request by the Administrative Agent, provide to the Administrative Agent by electronic mail an electronic version (i.e., a soft copy) of any such document specifically requested by the Administrative Agent. The Administrative Agent shall have no obligation to request the delivery or to maintain copies of the documents referred to above, and in any event shall have no responsibility to monitor compliance by the Company with any such request for delivery, and each Bank shall be solely responsible for requesting delivery to it or maintaining its copies of such documents. The Company Borrower hereby acknowledges that (a) the Administrative Agent and/or the Lead Arrangers and/or Bank of America Arranger will make available to the Banks Lenders materials and/or information provided by or on behalf of the Company Borrower hereunder (collectively, “Borrower Materials”) to Banks and potential Banks by posting the Borrower Materials on IntraLinks or another similar electronic system (the “Platform”) and (b) certain of the Banks or potential Banks Lenders (each, a “Public Lender”) may be “public-side” Banks (i.e., Banks that have personnel who do not wish to receive material non-public information with respect to the Company Borrower or its Affiliates, or the respective securities of any of the foregoing, and who may be engaged in investment and other market-related activities with respect to such Persons’ securities) (each, a “Public Bank”). The Company Borrower hereby agrees that so long as the Borrower is the issuer of any outstanding debt or equity securities that are registered or issued pursuant to a private offering or is actively contemplating issuing any such securities it will use commercially reasonable efforts to identify that portion of the Borrower Materials that may be distributed to the Public Banks Lenders and that (w) all such Borrower Materials that are made available to Public Banks shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (x) by marking Borrower Materials “PUBLIC,” the Company Borrower shall be deemed to have authorized the Lead Arrangers, Bank of AmericaAdministrative Agent, the Banks Lead Arranger, and the proposed Banks Lenders to treat such Borrower Materials as not containing any material non-public information (although it may be sensitive and proprietary) with respect to the Company Borrower or its securities for purposes of United States Federal and state securities laws, it being understood that certain of such Borrower Materials may be subject to the confidentiality requirements of Section 14.14; (y) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated “Public InvestorSide Information;” and (z) the Administrative Agent and the Lead Arrangers and Bank of America Arranger shall be entitled to treat any Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on, and shall only post such Borrower Materials on, the on a portion of the Platform not designated “Public InvestorSide Information.” Notwithstanding the foregoing, the Company Borrower shall be under no obligation to xxxx any Borrower Materials “PUBLIC”.

Other Information. From time to time such Such other certificates, reports and information concerning the Company and its Subsidiaries (including financial and management reports submitted to the Company by independent auditors in connection with each annual or interim audit made by such auditors of the books of the Companyotherwise) as the Administrative Agent may reasonably request from time to time regarding the financial condition or business of the Parent Borrower and its Restricted Subsidiaries; provided, however, that none of the Parent Borrower nor any Restricted Subsidiary shall be required to disclose or provide any information (a) that constitutes non-financial Trade Secrets or non-financial proprietary information of the Parent Borrower or any Bank through of its subsidiaries or any of their respective customers and/or suppliers, (b) in respect of which disclosure to the Administrative Agent may reasonably requestor any Lender (or any of their respective representatives) is prohibited by any applicable Requirement of Law, (c) that is subject to attorney-client or similar privilege or constitutes attorney work product or (d) in respect of which the Parent Borrower or any Restricted Subsidiary owes confidentiality obligations to any third party (provided such confidentiality obligations were not entered into in contemplation of the requirements of this Section 5.01(j)). Documents required to be delivered pursuant to this Section 10.1.1, 10.1.2 or 10.1.4 (to the extent any such documents are included in materials otherwise filed with the SEC) 5.01 may be delivered electronically and, and if so delivered, shall be deemed to have been delivered on the date (i) on which the Company Parent Borrower 122 ​ ​ [[NYCORP:3666673v10:4312W:08/14/2017--04:53 PM]][[5628396]] (or a representative thereof) posts such documents, documents (or provides a link thereto on the Company’s website on the Internet thereto) at the website address listed on Schedule 14.39.01; provided that the Parent Borrower shall promptly notify (which notice may be by facsimile or electronic mail) the Administrative Agent of the posting of any such documents at the website address listed on Schedule 9.01 and provide to the Administrative Agent by electronic mail electronic versions (i.e., soft copies) of such documents, (ii) on which such documents are posted delivered by the Parent Borrower to the Administrative Agent for posting on behalf of the Company’s behalf Parent Borrower on an Internet IntraLinks, SyndTrak or intranet another relevant secure website, if any, to which each Bank Lender and the Administrative Agent have access (whether a commercial, third-party website or whether sponsored by the Administrative Agent); provided that the Company shall notify , (iii) on which may be by facsimile or electronic mail) such documents are faxed to the Administrative Agent (which shall notify each Bank) of the posting of any such document and, promptly upon request or electronically mailed to an address provided by the Administrative Agent, provide ) or (iv) with respect to the Administrative Agent any item required to be delivered pursuant to Section 5.01(j) in respect of information filed by electronic mail an electronic version (i.e., a soft copy) of any such document specifically requested by the Administrative Agent. The Administrative Agent shall have no obligation to request the delivery Holdings or to maintain copies of the documents referred to above, and in any event shall have no responsibility to monitor compliance by the its applicable Parent Company with any securities exchange or with the SEC or any analogous Governmental Authority or private regulatory authority with jurisdiction over matters relating to securities (other than Form 10-Q Reports and Form 10-K reports), on which such request for deliveryitems have been made available on the SEC website or the website of the relevant analogous governmental or private regulatory authority or securities exchange. Notwithstanding the foregoing, and each Bank shall be solely responsible for requesting delivery to it or maintaining its copies of such documents. The Company hereby acknowledges that the obligations in paragraphs (a) the Lead Arrangers and/or Bank of America will make available to the Banks materials and/or information provided by or on behalf of the Company hereunder (collectively, “Borrower Materials”) to Banks and potential Banks by posting the Borrower Materials on IntraLinks or another similar electronic system (the “Platform”) and (b) certain of the Banks or potential Banks this Section 5.01 may be “public-side” Banks (i.e., Banks that do not wish to receive material non-public information satisfied with respect to the Company or its securities) (each, a “Public Bank”). The Company hereby agrees that it will use commercially reasonable efforts to identify that portion any financial statements of the Parent Borrower Materials that may be distributed to by furnishing (Ai) the Public Banks and that applicable financial statements of Holdings (wor any other Parent Company) all Borrower Materials that are made available to Public Banks shall be clearly and conspicuously marked “PUBLIC” whichor (A)ii) Holdings’ (or any other Parent Company’s), at a minimumas applicable, shall mean that Form 10-K or 10-Q, as applicable, filed with the word “PUBLIC” shall appear prominently on SEC, in each case, within the first page thereoftime periods specified in such paragraphs; (x) by marking Borrower Materials “PUBLIC,” the Company shall be deemed to have authorized the Lead Arrangersprovided that, Bank of America, the Banks and the proposed Banks to treat such Borrower Materials as not containing any material non-public information with respect to the Company or its securities for purposes each of United States Federal clauses (A) and state securities laws(B), it being understood that certain of such Borrower Materials may be subject (i) to the confidentiality requirements extent such financial statements relate to any Parent Company, such financial statements shall be accompanied by unaudited consolidating information that summarizes in reasonable detail the differences between the information relating to such Parent Company, on the one hand, and the information relating to the Parent Borrower on a standalone basis, on the other hand, which consolidating information shall be certified by a Responsible Officer of Section 14.14; the Parent Borrower as having been fairly presented in all material respects and (yii) all Borrower Materials marked “PUBLIC” to the extent such statements are permitted in lieu of statements required to be made available through provided under Section 5.01(b), such financial statements of Holdings (or the other relevant Parent Company) shall be accompanied by a portion report and opinion of the Platform designated an independent registered public accounting firm of nationally recognized standing (which report shall be unqualified as to “Public Investor;going concern” and scope of audit (z) except for any such qualification pertaining to the Lead Arrangers and Bank maturity of America shall treat any Borrower Materials that are not marked “PUBLIC” as being suitable only for posting onIndebtedness occurring within the four fiscal quarter period following the relevant audit opinion or any potential inability to satisfy any financial covenant on a future date or in a future period), and shall only post state that such Borrower Materials onconsolidated financial statements fairly present, in all material respects, the portion consolidated financial position of such Parent Company as at the Platform not designated “Public Investordates indicated and its income and cash flows for the periods indicated in conformity with GAAP).” Notwithstanding the foregoing, the Company shall be under no obligation to xxxx any Borrower Materials “PUBLIC”.

Other Information. From time to time Promptly upon the reasonable request therefor, such other information concerning the Company and its Subsidiaries or documents (financial or otherwise (including financial and management reports submitted related to the Company by independent auditors in connection with each annual insurance)) relating to any Credit Party or interim audit made by such auditors of the books of the Company) any Restricted Subsidiary as the Administrative Agent or any Bank Lender (through the Administrative Agent Agent) may reasonably request. Documents required request from time to be delivered pursuant time in good faith (excluding (i) information subject to Section 10.1.1attorney-client privilege, 10.1.2 or 10.1.4 (ii) information the subject of binding confidentiality agreements entered into in good faith, and (iii) any information relating to any investigation by any Governmental Authority to the extent any (A) such documents are included information is identifiable to a particular individual and the Parent Borrower in materials otherwise filed with good faith determines such information should remain confidential or (B) the SEC) information requested is not factual in nature). The Section 6.01 Financials may be delivered electronically and, and if so delivered, shall be deemed to have been delivered on the date (i) on which the Company Parent Borrower posts such documents, or provides a link thereto documents on the CompanyParent Borrower’s website on the Internet at the website address listed on Schedule 14.3; or (ii) on which such documents are posted made available by the Parent Borrower to the Administrative Agent for posting on the CompanyParent Borrower’s behalf on an Internet IntraLinks/IntraAgency, DebtDomain, SyndTrak Online or intranet another relevant website, if any, to which each Bank Lender and the Administrative Agent have access (whether a commercial, third-party website or whether sponsored by the Administrative Agent); provided that the Company shall notify Parent Borrower’s having filed with the SEC (which may be by facsimile or electronic maila) an annual report on Form 10-K for such year will satisfy the Administrative Agent Parent Borrower’s obligation under Section 6.01(a) with respect to such year and (which shall notify each Bankb) of a quarterly report on Form 10-Q for such quarter will satisfy the posting of any Parent Borrower’s obligation under Section 6.01(b) with respect to such document and, promptly upon request by the Administrative Agent, provide to the Administrative Agent by electronic mail an electronic version (i.e., a soft copy) of any such document specifically requested by the Administrative Agentquarter. The Administrative Agent shall have no obligation to request the delivery or to maintain copies of the documents referred to above, and in any event shall have no responsibility to monitor compliance by the Company with any such request for delivery, and each Bank Each Lender shall be solely responsible for timely accessing posted documents or requesting delivery to it or of paper copies of such documents from the Administrative Agent and maintaining its copies of such documents. The Company Parent Borrower hereby acknowledges that (a) the Lead Administrative Agent and/or the Arrangers and/or Bank of America will make available to the Banks Lenders and the LC Issuers materials and/or information provided by or on behalf of the Company Parent Borrower hereunder (collectively, “Parent Borrower Materials”) to Banks and potential Banks by posting the Parent Borrower Materials on IntraLinks IntraLinks/IntraAgency, DebtDomain, SyndTrak Online or another similar electronic 167 system (the “Platform”) and (b) certain of the Banks or potential Banks Lenders may be “public-side” Banks Lenders (i.e., Banks Lenders that do not wish to receive material non-public information with respect to the Company Parent Borrower or its securities) (each, a “Public BankLender”). The Company hereby Parent Borrower acknowledges and agrees that it will use commercially reasonable efforts to identify that the DQ List shall be deemed suitable for posting and may be posted by the Administrative Agent on the Platform, including the portion of the Platform that is designated for “public-side” Lenders. The Parent Borrower hereby agrees to make all Parent Borrower Materials that may the Parent Borrower intends to be distributed to the Public Banks and that (w) all Borrower Materials that are made available to Public Banks shall be Lenders clearly and conspicuously marked designated as as “PUBLIC.” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (x) by marking By designating Parent Borrower Materials as “PUBLIC,” the Company Parent Borrower authorizes such Parent Borrower Materials to be made available to a portion of the Platform designated “Public Investor,” which is intended to contain only information that is either publicly available or not material information (though it may be sensitive and proprietary) with respect to the Parent Borrower or its securities for purposes of United States federal and state securities laws. Notwithstanding the foregoing, the Parent Borrower shall not be under any obligation to xxxx any Parent Borrower Materials as “PUBLIC.” The Parent Borrower agrees that (i) any Loan Documents and (ii) any financial statements delivered pursuant to Sections 6.01(a) and (b) will be deemed to have authorized the Lead Arrangers, Bank of America, the Banks and the proposed Banks to treat such be “public-side” Parent Borrower Materials as and may be made available to Public Lenders. Each Public Lender agrees to cause at least one individual at or on behalf of such Public Lender to at all times have selected the “Private Side Information” or similar designation on the content declaration screen of the Platform in order to enable such Public Lender or its delegate, in accordance with such Public Lender’s compliance procedures and applicable law, including United States federal and state securities laws, to make reference to communications that are not containing any made available through the “Public Side Information” portion of the Platform and that may contain material non-public information with respect to the Company Parent Borrower or its securities for purposes of United States Federal and federal or state securities laws, it being understood that certain of such Borrower Materials may be subject to the confidentiality requirements of Section 14.14; (y) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated “Public Investor;” and (z) the Lead Arrangers and Bank of America shall treat any Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on, and shall only post such Borrower Materials on, the portion of the Platform not designated “Public Investor.” Notwithstanding the foregoing, the Company shall be under no obligation to xxxx any Borrower Materials “PUBLIC”.

Other Information. From time to time such Such other certificates, readily available reports and information concerning the Company and its Subsidiaries (including financial and management reports submitted to the Company by independent auditors in connection with each annual or interim audit made by such auditors of the books of the Companyotherwise) as the Administrative Agent may reasonably request from time to time regarding the business, operations and financial condition of the Borrower and the Restricted Subsidiaries and compliance with the terms hereof; provided, however, that neither the Borrower nor any Restricted Subsidiary shall be required to disclose or provide any information (a) that constitutes non-financial trade secrets or non-financial proprietary information of the Borrower or any Bank through of its Subsidiaries or any of their respective customers or suppliers, (b) in respect of which disclosure to the Administrative Agent may reasonably requestor any 115 Lender (or any of their respective representatives) is prohibited by applicable Requirements of Law, (c) that is subject to attorney-client or similar privilege or constitutes attorney work product or (d) in respect of which the Borrower or any Restricted Subsidiary owes confidentiality obligations to any third party (to the extent not created in contemplation of such Person’s obligations under this Section 5.01(j)). Documents required to be delivered pursuant to this Section 10.1.1, 10.1.2 or 10.1.4 (to the extent any such documents are included in materials otherwise filed with the SEC) 5.01 may be delivered electronically and, and if so delivered, shall be deemed to have been delivered on the date (i) on which the Company Borrower (or a representative thereof) posts such documents, documents (or provides a link thereto on the Company’s website on the Internet thereto) at the website address listed on Schedule 14.39.01; or (ii) on which such documents are posted delivered by the Borrower to the Administrative Agent for posting on behalf of the Company’s behalf Borrower on an Internet IntraLinks/SyndTrak or intranet another relevant secure website, if any, to which each Bank Lender and the Administrative Agent have access (whether a commercial, third-party website or whether sponsored by the Administrative Agent); provided that the Company shall notify (iii) on which may be by facsimile or electronic mail) such documents are faxed to the Administrative Agent (which shall notify each Bank) of the posting of any such document and, promptly upon request or electronically mailed to an address provided by the Administrative Agent); or (iv) on which such items have been made available on the SEC website or the website of the relevant analogous governmental or private regulatory authority or securities exchange (including, provide for the avoidance of doubt, by way of “XXXXX”). The Borrower and each Lender acknowledge that certain of the Lenders may be Public Lenders and, if documents or notices required to be delivered pursuant to this Section 5.01 or otherwise are being distributed through IntraLinks/IntraAgency, SyndTrak Online or another relevant secure website or other secure electronic information platform (the “Platform”), any document or notice that the Borrower has indicated contains Non-Public Information shall not be posted on that portion of the Platform designated for such Public Lenders. The Borrower agrees, upon the reasonable written request of the Administrative Agent, to clearly designate all information provided to the Administrative Agent by electronic mail an electronic version (i.e., a soft copy) of any such document specifically requested by the Administrative Agent. The Administrative Agent shall have no obligation to request the delivery or to maintain copies of the documents referred to above, and in any event shall have no responsibility to monitor compliance by the Company with any such request for delivery, and each Bank shall be solely responsible for requesting delivery to it or maintaining its copies of such documents. The Company hereby acknowledges that (a) the Lead Arrangers and/or Bank of America will make available to the Banks materials and/or information provided by or on behalf of the Company hereunder (collectively, “Borrower Materials”) which is suitable to Banks and potential Banks by posting the Borrower Materials on IntraLinks or another similar electronic system (the “Platform”) and (b) certain of the Banks or potential Banks may be “public-side” Banks (i.e., Banks that do not wish to receive material non-public information with respect to the Company or its securities) (each, a “Public Bank”). The Company hereby agrees that it will use commercially reasonable efforts to identify that portion of the Borrower Materials that may be distributed to the Public Banks and that (w) all Borrower Materials that are made make available to Public Banks shall be clearly and conspicuously marked “PUBLIC” which, at Lenders. If the Borrower has not indicated whether a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (x) by marking Borrower Materials “PUBLIC,” the Company shall be deemed document or notice delivered pursuant to have authorized the Lead Arrangers, Bank of Americathis Section 5.01 contains Non-Public Information, the Banks and the proposed Banks to treat Administrative Agent shall post such Borrower Materials as not containing any material non-public information with respect to the Company document or its securities for purposes of United States Federal and state securities laws, it being understood notice solely on that certain of such Borrower Materials may be subject to the confidentiality requirements of Section 14.14; (y) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated “for Lenders who wish to receive material Non-Public Investor;” Information with respect to the Borrower and (zits Subsidiaries and their securities; provided that any financial statements delivered pursuant to Section 5.01(a) the Lead Arrangers and Bank of America 5.01(b) and any Compliance Certificate shall treat be deemed suitable to make available to Public Lenders unless, with respect to any Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on, and shall only post such Borrower Materials ondocument, the portion Borrower notifies the Administrative Agent that such document contains Non-Public Information; it being understood and agreed that from and after receipt of such notice, unless otherwise specified therein, such notice shall apply to all documents of the Platform not designated “Public Investor.” same type for all future periods. Notwithstanding the foregoing, the obligations in this Section 5.01 may instead be satisfied with respect to any financial statements, budgets and Responsible Officer Certifications of the Borrower by furnishing (A) the applicable financial statements of any Parent Company or (B) Form 10-K or 10-Q, as applicable, of the Borrower or any Parent Company filed with the SEC or any securities exchange, in each case, within the time periods specified in such paragraphs and without any requirement to provide notice of such filing to the Administrative Agent or any Lender; provided that, with respect to each of clauses (A) and (B), (i) to the extent (1) such financial statements relate to any Parent Company and (2) either (x) such Parent Company (or any other Parent Company that is a Subsidiary of such Parent Company) has any material third party Indebtedness and/or material operations (as determined by the Borrower in good faith and other than any operations that are attributable solely to such Parent Company’s direct or indirect ownership of the Borrower and its Subsidiaries) or (y) there are material differences between the financial statements of such Parent Company and its consolidated Subsidiaries, on the one hand, and the Borrower and its consolidated Subsidiaries, on the other hand, such financial statements or Form 10-K or 10-Q, as applicable, shall be accompanied by unaudited consolidating information that summarizes in reasonable detail the differences between the information relating to such Parent Company and its consolidated Subsidiaries, on the one hand, and the information relating to the 116 Borrower and its consolidated Subsidiaries on a stand-alone basis, on the other hand, which consolidating information shall be certified by a Responsible Officer of the Borrower as having been fairly presented in all material respects and (ii) to the extent such financial statements are in lieu of financial statements required to be provided under no obligation Section 5.01(b), such financial statements shall be accompanied by a report and opinion of an independent registered public accounting firm of nationally recognized standing, which report and opinion shall satisfy the applicable requirements set forth in Section 5.01(b) as if the references to xxxx any Borrower Materials the “PUBLIC”Borrower” therein were references to such Parent Company.

Other Information. From time Subject to time any applicable restrictions on disclosure, such other information concerning respecting the Company and its Subsidiaries (including business or Properties, or the condition or operations, financial and management reports submitted to the Company by independent auditors in connection with each annual or interim audit made by such auditors otherwise, of the books of the Company) Credit Parties (including, without limitation, any Plan or Multiemployer Plan and any reports or other information required to be filed under ERISA), as the Administrative Agent or any Bank Lender through the Administrative Agent may from time to time reasonably request. The Administrative Agent agrees to provide the Lenders with copies of any material notices and information delivered solely to the Administrative Agent pursuant to the terms of this Agreement. Documents required to be delivered pursuant to Section 10.1.15.06(a), 10.1.2 (b) or 10.1.4 (k) (to the extent any such documents are included in materials otherwise filed with the SEC) may be delivered electronically and, and if so delivered, shall be deemed to have been delivered on the date (i) on which the Company Bxxxxxx Exploration posts such documents, or provides a link thereto on the CompanyBxxxxxx Exploration’s website on the Internet at the website address listed on Schedule 14.3Internet; or (ii) on which such documents are posted on the CompanyBxxxxxx Exploration’s behalf on an Internet or intranet websitewebsite (such as “Exxxx”), if any, to which each Bank Lender and the Administrative Agent have access (whether a commercial, commercial third-party website or whether sponsored by the Administrative Agent); provided that: (A) the Borrower shall deliver paper copies of such documents to the Administrative Agent or any Lender that requests the Company Borrower to deliver such paper copies until a written request to cease delivering paper copies is given by the Administrative Agent or such Lender and (B) the Borrower shall notify the Administrative Agent and each Lender (which may be by facsimile telecopier or electronic mail) the Administrative Agent (which shall notify each Bank) of the posting of any such document and, promptly upon request by the Administrative Agent, documents and provide to the Administrative Agent by electronic mail an electronic version versions (i.e., a soft copycopies) of any such document specifically requested documents. Notwithstanding anything contained herein, in every instance the Borrower shall be required to provide paper copies of the Compliance Certificates required by Section 5.06(c) to the Administrative Agent. The Except for such Compliance Certificates, the Administrative Agent shall have no obligation to request the delivery or to maintain copies of the documents referred to above, and in any event shall have no responsibility to monitor compliance by the Company Borrower with any such request for delivery, and each Bank Lender shall be solely responsible for requesting delivery to it or maintaining its copies of such documents. The Company hereby acknowledges that (a) the Lead Arrangers and/or Bank of America will make available to the Banks materials and/or information provided by or on behalf of the Company hereunder (collectively, “Borrower Materials”) to Banks and potential Banks by posting the Borrower Materials on IntraLinks or another similar electronic system (the “Platform”) and (b) certain of the Banks or potential Banks may be “public-side” Banks (i.e., Banks that do not wish to receive material non-public information with respect to the Company or its securities) (each, a “Public Bank”). The Company hereby agrees that it will use commercially reasonable efforts to identify that portion of the Borrower Materials that may be distributed to the Public Banks and that (w) all Borrower Materials that are made available to Public Banks shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (x) by marking Borrower Materials “PUBLIC,” the Company shall be deemed to have authorized the Lead Arrangers, Bank of America, the Banks and the proposed Banks to treat such Borrower Materials as not containing any material non-public information with respect to the Company or its securities for purposes of United States Federal and state securities laws, it being understood that certain of such Borrower Materials may be subject to the confidentiality requirements of Section 14.14; (y) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated “Public Investor;” and (z) the Lead Arrangers and Bank of America shall treat any Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on, and shall only post such Borrower Materials on, the portion of the Platform not designated “Public Investor.” Notwithstanding the foregoing, the Company shall be under no obligation to xxxx any Borrower Materials “PUBLIC”.

Other Information. From (A) Promptly upon their becoming available and in any event within [***] of the Borrower’s receipt thereof, copies of (i) all material reports and all registration statements and prospectuses, if any, filed by the Borrower or any of its Subsidiaries with any securities exchange or with the Securities and Exchange Commission or any governmental or private regulatory authority, (ii) all amendments, waivers, consents, notices of defaults and reservations of rights with respect to and received by the Borrower or its Subsidiaries from any holder of its Indebtedness having a principal amount greater than $[***], and (iii) all press releases and other statements made available generally by the Borrower or any of its Subsidiaries to the public concerning material developments in the business of the Borrower or any of its Subsidiaries, (B) promptly after submission to any Governmental Authority, all documents and information furnished to such Governmental Authority in connection with any investigation of any Loan Party (other than a routine inquiry), and (C) such other information and data with respect to the Borrower or any of its Subsidiaries as from time to time such other information concerning may be reasonably requested by Administrative Agent; provided that in no event shall the Company and Borrower or its Subsidiaries be required to disclose or provide any information or data (including financial and management reports submitted i) in respect to the Company by independent auditors in connection with each annual or interim audit made by such auditors of the books of the Company) as which disclosure to the Administrative Agent or any Bank through Lender (or their respective representatives or contractors) is prohibited by law or any binding agreement with any third party (it being understood and agreed that the Administrative Agent may reasonably request. Documents required foregoing shall not limit any obligations of the Borrower and its Subsidiaries set forth in clause (iii) of the definition of “Restricted License” with respect to be delivered pursuant to Section 10.1.1, 10.1.2 or 10.1.4 (to the extent any such documents are included in materials otherwise filed with the SECProduct Agreements) may be delivered electronically and, if so delivered, shall be deemed to have been delivered on the date (i) on which the Company posts such documents, or provides a link thereto on the Company’s website on the Internet at the website address listed on Schedule 14.3; or (ii) on which such documents are posted on the Company’s behalf on an Internet or intranet websitethat, if any, disclosed to which each Bank and the Administrative Agent have access (whether a commercial, third-party website or whether sponsored by the Administrative Agent); provided that the Company shall notify (which may be by facsimile or electronic mail) the Administrative Agent (which shall notify each Bank) of the posting of any such document and, promptly upon request by the Administrative Agent, provide to the Administrative Agent by electronic mail an electronic version would result in forfeiture of attorney-client privilege; provided, further, that in each case of clauses (i.e., a soft copy) of any such document specifically requested by the Administrative Agent. The Administrative Agent shall have no obligation to request the delivery or to maintain copies of the documents referred to above, and in any event shall have no responsibility to monitor compliance by the Company with any such request for delivery, and each Bank shall be solely responsible for requesting delivery to it or maintaining its copies of such documents. The Company hereby acknowledges that (a) the Lead Arrangers and/or Bank of America will make available to the Banks materials and/or information provided by or on behalf of the Company hereunder (collectively, “Borrower Materials”) to Banks and potential Banks by posting the Borrower Materials on IntraLinks or another similar electronic system (the “Platform”i) and (b) certain of the Banks or potential Banks may be “public-side” Banks (i.e.ii), Banks that do not wish to receive material non-public information with respect to the Company or its securities) (each, a “Public Bank”). The Company hereby agrees Borrower shall promptly notify Administrative Agent that it will use commercially reasonable efforts to identify that portion of the Borrower Materials that may be distributed to the Public Banks and that (w) all Borrower Materials that are made available to Public Banks shall be clearly and conspicuously marked “PUBLIC” whichis withholding information in reliance on this proviso, at a minimumunless such notice is not permitted by applicable law, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (x) by marking Borrower Materials “PUBLIC,” the Company shall be deemed to have authorized the Lead Arrangers, Bank of America, the Banks and the proposed Banks to treat such Borrower Materials as not containing any material non-public information with respect to the Company rule or its securities for purposes of United States Federal and state securities laws, it being understood that certain of such Borrower Materials may be subject to the confidentiality requirements of Section 14.14; (y) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated “Public Investorregulation;” and (z) the Lead Arrangers and Bank of America shall treat any Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on, and shall only post such Borrower Materials on, the portion of the Platform not designated “Public Investor.” Notwithstanding the foregoing, the Company shall be under no obligation to xxxx any Borrower Materials “PUBLIC”.

Other Information. From time to time With reasonable promptness upon any such request, such other information concerning regarding sustainability matters, the Company and its Subsidiaries (including business, properties or financial and management reports submitted to the Company by independent auditors in connection with each annual or interim audit made by such auditors condition of the books of the Company) Credit Parties and their Subsidiaries as the Administrative Agent or any Bank through the Administrative Agent Lender may reasonably request. Documents required to be delivered pursuant to Section 10.1.1, 10.1.2 or 10.1.4 7.1 (to the extent any such documents are included in materials otherwise filed with the SEC) may be delivered electronically and, and if so delivered, shall be deemed to have been delivered on the date (i) on which the Company Borrower posts such documents, or provides a link thereto on the CompanyBorrower’s website on the Internet at the website address listed on Schedule 14.3in Section 11.1; or (ii) on which such documents are posted on the CompanyBorrower’s behalf on an Internet or intranet website, if any, to which each Bank Lender and the Administrative Agent have access (whether a commercial, third-party website or whether sponsored by the Administrative Agent); provided that that: the Company Borrower shall notify (which may be by facsimile or electronic mail) the Administrative Agent (which shall notify each Bank) deliver paper copies of the posting of any such document and, promptly upon request by the Administrative Agent, provide documents to the Administrative Agent by electronic mail an electronic version (i.e., or any Lender that requests the Borrower to deliver such paper copies until a soft copy) of any such document specifically requested written request to cease delivering paper copies is given by the Administrative AgentAgent or such Lender. The Except for such Officer’s Compliance Certificates, the Administrative Agent shall have no obligation to request the delivery or to maintain copies of the documents referred to above, and in any event shall have no responsibility to monitor compliance by the Company Borrower with any such request for delivery, and each Bank Lender shall be solely responsible for requesting delivery to it or maintaining its copies of such documents. The Company Borrower hereby acknowledges that (a) the Lead Administrative Agent and/or the Arrangers and/or Bank of America will make available to the Banks Lenders and the Issuing Lender materials and/or information provided by or on behalf of the Company Borrower hereunder (collectively, “Borrower Materials”) to Banks and potential Banks by posting the Borrower Materials on IntraLinks SyndTrak Online or another similar electronic system (the “Platform”) and (b) certain of the Banks or potential Banks Lenders may be “public-side” Banks Lenders (i.e., Banks Lenders that do not wish to receive material non-public information with respect to the Company Borrower or its securities) (each, a “Public BankLender”). The Company hereby agrees that it Borrower will use commercially reasonable efforts to identify that portion of the Borrower Materials that may be distributed to the Public Banks Lenders and that (w) all such Borrower Materials that are made available to Public Banks shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (x) by marking Borrower Materials “PUBLIC,” the Company Borrower shall be deemed to have authorized the Lead Arrangers, Bank of AmericaAdministrative Agent, the Banks Arranger, the Issuing Lender and the proposed Banks Lenders to treat such Borrower Materials as not containing any material non-public information (although it may be sensitive and proprietary) with respect to the Company Borrower or its securities for purposes of United States Federal and state securities lawslaws (provided, it being understood however, that certain of to the extent such Borrower Materials may constitute Information, they shall be subject to the confidentiality requirements of treated as set forth in Section 14.1411.11); (y) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated “Public Investor;” and (z) the Lead Arrangers Administrative Agent and Bank of America the Arranger shall be entitled to treat any Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on, and shall only post such Borrower Materials on, the on a portion of the Platform not designated “Public Investor.” Notwithstanding the foregoing, the Company shall be under no obligation to xxxx any Borrower Materials “PUBLIC”.

Other Information. From time to time With reasonable promptness upon any such request, such other information concerning regarding the Company and business, properties or financial condition of the Borrower or any of its Subsidiaries (including financial and management reports submitted to the Company by independent auditors in connection with each annual or interim audit made by such auditors of the books of the Company) as the Administrative Agent or any Bank through the Administrative Agent Required Lenders may reasonably request. Documents required to be delivered pursuant to Section 10.1.16.1(a), 10.1.2 (b) or 10.1.4 (d) (to the extent any such documents are included in materials otherwise filed with the SEC) may be delivered electronically and, and if so delivered, shall be deemed to have been delivered on the date (i) on which the Company Borrower posts such documents, or provides a link thereto on the CompanyBorrower’s website on the Internet at the website address listed on Schedule 14.310.1; or (ii) on which such documents are posted on the CompanyBorrower’s behalf on an Internet or intranet website, if any, to which each Bank Lender and the Administrative Agent have access (whether a commercial, third-party website or whether sponsored by the Administrative Agent); provided that that: (i) the Company Borrower shall deliver paper copies of such documents to the Administrative Agent or any Lender upon its request to the Borrower to deliver such paper copies until a written request to cease delivering paper copies is given by the Administrative Agent or such Lender and (ii) the Borrower shall notify (which may be by facsimile or electronic mail) the Administrative Agent (which shall notify each Bankby telecopier or electronic mail) of the posting of any such document and, promptly upon request by the Administrative Agent, documents and provide to the Administrative Agent by electronic mail an electronic version versions (i.e., a soft copycopies) of any such document specifically requested by the Administrative Agentdocuments. The Administrative Agent shall have no obligation to request the delivery of or to maintain paper copies of the documents referred to above, and in any event shall have no responsibility to monitor compliance by the Company Borrower with any such request by a Lender for delivery, and each Bank Lender shall be solely responsible for requesting delivery to it or maintaining its copies of such documents. The Company Borrower hereby acknowledges that (a) the Lead Administrative Agent and/or the Arrangers and/or Bank of America will make available to the Banks Lenders materials and/or information provided by or on behalf of the Company Borrower hereunder (collectively, “Borrower Materials”) to Banks and potential Banks by posting the Borrower Materials on IntraLinks or another similar electronic system (the “Platform”) and (b) certain of the Banks or potential Banks Lenders may be “public-side” Banks Lenders (i.e., Banks that Lenders who may have personnel who do not wish to receive material non-public information with respect to the Company Borrower or its Affiliates, or the respective securities of any of the foregoing, and who may be engaged in investment and other market-related activities with respect to such Person’s securities) (each, a “Public BankLender”). The Company Borrower hereby agrees that it will use commercially reasonable efforts to identify that portion of so long as the Borrower Materials is the issuer of any outstanding debt or equity securities that may be distributed to are registered under the Public Banks and that Securities Exchange Act of 1934 and/or publicly traded on a registered securities exchange or in a generally accepted over-the-counter market, or is actively contemplating issuing any such securities, (w) all Borrower Materials that are to be made available to Public Banks Lenders shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (x) by marking Borrower Materials “PUBLIC,” the Company Borrower shall be deemed to have authorized the Lead Administrative Agent, the Arrangers, Bank of America, the Banks L/C Issuers and the proposed Banks Lenders to treat such Borrower Materials as not containing any material non-public information with respect to the Company Borrower or its securities for purposes of United States Federal and state securities lawsSecurities Laws (provided, it being understood however, that certain of to the extent such Borrower Materials may constitute Information, they shall be subject to the confidentiality requirements of treated as set forth in Section 14.1410.14; (y) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated “Public InvestorSide Information;” and (z) the Lead Administrative Agent and the Arrangers and Bank of America shall be entitled to treat any Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on, and shall only post such Borrower Materials on, the on a portion of the Platform not designated “Public Investor.” Side Information”. Notwithstanding the foregoing, the Company Borrower shall be under no obligation to xxxx any Borrower Materials “PUBLIC”. Notwithstanding any other provision contained herein, nothing in this paragraph shall be deemed to authorize or otherwise encourage any Lender to effect any transaction in the Borrower’s publicly traded securities while in possession of any information of a non-public nature that is included in any Borrower Materials designated as “PUBLIC” in the Platform.

Other Information. From time to time Promptly, such other additional information concerning regarding the Company and its Subsidiaries (including financial and management reports submitted to business, financial, legal or corporate affairs of any Loan Party or any Subsidiary thereof, or compliance with the Company by independent auditors in connection with each annual or interim audit made by such auditors terms of the books of the Company) Loan Documents, as the Administrative Agent or any Bank through the Administrative Agent Lender may from time to time reasonably request. Documents required to be delivered pursuant to Section 10.1.1, 10.1.2 6.01(a) or 10.1.4 (b) or Section 6.02(c) or (d) (to the extent any such documents are included in materials otherwise filed with the SEC) may be delivered electronically and, and if so delivered, shall be deemed to have been delivered on the date (i) on which the Company Borrower posts such documents, or provides a link thereto on the CompanyBorrower’s website on the Internet at the website address listed on Schedule 14.310.02; or (ii) on which such documents are posted on the CompanyBorrower’s behalf on an Internet or intranet Intranet website, if any, to which each Bank Lender and the Administrative Agent have access (whether a commercial, third-party website or whether sponsored by the Administrative Agent); provided that: (i) the Borrower shall deliver paper copies of such documents to the Administrative Agent or any Lender that requests the Company Borrower to deliver such paper copies until a written request to cease delivering paper copies is given by the Administrative Agent or such Lender and (ii) the Borrower shall notify (which may be by facsimile or electronic mail) the Administrative Agent (which shall notify and each Bank) Lender of the posting of any such document and, promptly upon request by the Administrative Agent, documents and provide to the Administrative Agent by electronic mail an electronic version versions (i.e., a soft copycopies) of any such document specifically requested documents. Notwithstanding anything contained herein, in every instance the Borrower shall be required to provide paper copies of the Compliance Certificates required by Section 6.02(a) to the Administrative Agent. The Except for such Compliance Certificates, the Administrative Agent shall have no obligation to request the delivery or to maintain copies of the documents referred to above, and in any event shall have no responsibility to monitor compliance by the Company Borrower with any such request for delivery, and each Bank Lender shall be solely responsible for requesting delivery to it or maintaining its copies of such documents. The Company Borrower hereby acknowledges that (ai) the Administrative Agent and/or the Joint Lead Arrangers and/or Bank of America will make available to the Banks Lenders and the L/C Issuer materials and/or information provided by or on behalf of the Company Borrower hereunder (collectively, “Borrower Materials”) to Banks and potential Banks by posting the Borrower Materials on IntraLinks or another similar electronic system (the “Platform”) and (bii) certain of the Banks or potential Banks Lenders (each, a “Public Lender”) may be “public-side” Banks (i.e., Banks that have personnel who do not wish to receive material non-public information with respect to the Company Borrower or its Affiliates, or the respective securities of any of the foregoing, and who may be engaged in investment and other market-related activities with respect to such Persons’ securities) (each, a “Public Bank”). The Company Borrower hereby agrees that so long as the Borrower is the issuer of any outstanding debt or equity securities that are registered or issued pursuant to a private offering or is actively contemplating issuing any such securities it will use commercially reasonable efforts to identify that portion of the Borrower Materials that may be distributed to the Public Banks Lenders and that that: (w) all the Borrower Materials that are made available to Public Banks shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (x) by marking Borrower Materials “PUBLIC,” the Company Borrower shall be deemed to have authorized the Administrative Agent, the Joint Lead Arrangers, Bank of America, the Banks L/C Issuer and the proposed Banks Lenders to treat such the Borrower Materials as not containing any material non-public information (although it may be sensitive and proprietary) with respect to the Company Borrower or its securities for purposes of United States Federal and state securities laws, it being understood that certain of such Borrower Materials may be subject to the confidentiality requirements of Section 14.14; (y) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated “Public InvestorSide Information;” and (z) the Administrative Agent and the Joint Lead Arrangers and Bank of America shall be entitled to treat any the Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on, and shall only post such Borrower Materials on, the on a portion of the Platform not designated “Public InvestorSide Information.” Notwithstanding To the foregoingextent the Borrower Materials constitute Information, the Company they shall be under no obligation to xxxx any Borrower Materials “PUBLIC”treated as set forth in Section 10.07.

Other Information. From time to time such Such other information concerning the Company and its Subsidiaries (including financial and management reports submitted to the Company by independent auditors in connection with each annual or interim audit made by such auditors of the books of the Company) as the Administrative Agent or any Bank through the Administrative Agent may Lender shall reasonably requestrequest from time to time. Documents required to be delivered pursuant to Section 10.1.1, 10.1.2 7.2(c) hereunder or 10.1.4 (that are otherwise required to the extent any such documents are included in materials otherwise be filed with the SEC) SEC and are subject to electronic filing with the SEC may be delivered electronically and, if so delivered, shall be deemed to have been delivered on the date (i) on which the Company Borrower posts such documents, or provides a link thereto on the CompanyBorrower’s website on the Internet at the website address listed on Schedule 14.3specified pursuant to Section 11.2; or (ii) on which such documents are posted on the CompanyBorrower’s behalf on an Internet or intranet website, if any, to which each Bank Lender and the Administrative Agent have access (whether a commercial, third-party website or whether sponsored by the Administrative Agent); provided that: (i) the Borrower shall deliver paper copies of such documents to the Administrative Agent or any Lender that requests the Company Borrower to deliver such paper copies until a written request to cease delivering paper copies is given by the Administrative Agent or such Lender and (ii) the Borrower shall notify the Administrative Agent and each Lender (which may be by facsimile telecopier or electronic mail) the Administrative Agent (which shall notify each Bank) of the posting of any such document and, promptly upon request by the Administrative Agent, documents and provide to the Administrative Agent by electronic mail an electronic version versions (i.e., a soft copycopies) of any such document specifically requested by the Administrative Agentdocuments. The Administrative Agent shall have no obligation to request the delivery or to maintain copies of the documents referred to above, and in any event shall have no responsibility to monitor compliance by the Company Borrower with any such request for delivery, and each Bank Lender shall be solely responsible for requesting delivery to it or maintaining its copies of such documents. The Company Borrower hereby acknowledges that (a) the Lead Arrangers Administrative Agent and/or Bank of America BAS will make available to the Banks Lenders materials and/or information provided by or on behalf of the Company Borrower hereunder (collectively, “Borrower Materials”) to Banks and potential Banks by posting the Borrower Materials on IntraLinks or another similar electronic system (the “Platform”) and (b) certain of the Banks or potential Banks Lenders may be “public-side” Banks Lenders (i.e., Banks Lenders that do not wish to receive material non-public information with respect to the Company Borrower or its securities) (each, a “Public BankLender”). The Company Borrower hereby agrees that it will use commercially reasonable efforts to identify that portion of the Borrower Materials that may be distributed to the Public Banks and that (w) all Borrower Materials that are to be made available to Public Banks Lenders shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (x) by marking Borrower Materials “PUBLIC,” the Company Borrower shall be deemed to have authorized the Lead Arrangers, Bank of AmericaAdministrative Agent, the Banks Arranger and the proposed Banks Lenders to treat such Borrower Materials as not containing any material non-public information with respect to the Company Borrower or its securities for purposes of United States Federal and state securities laws, it being understood that certain of such Borrower Materials may be subject to the confidentiality requirements of Section 14.14; (y) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated “Public Investor;” and (z) the Lead Arrangers Administrative Agent and Bank of America BAS shall treat any Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on, and shall only post such Borrower Materials on, the on a portion of the Platform not designated “Public Investor.” Notwithstanding the foregoing, the Company shall be under no obligation to xxxx any Borrower Materials “PUBLIC”.

Other Information. From Promptly upon receiving a request therefor from the Administrative Agent (acting on its own behalf or at the request of any Lender or L/C Issuer), prepare and deliver to the Administrative Agent and the Lenders such other information with respect to the Company, any of its Subsidiaries, as from time to time such other information concerning the Company and its Subsidiaries (including financial and management reports submitted to the Company may be reasonably requested by independent auditors in connection with each annual or interim audit made by such auditors of the books of the Company) as the Administrative Agent or any Bank through the Administrative Agent may reasonably requestAgent. Documents required to be delivered pursuant to Section 10.1.1, 10.1.2 6.01(a) or 10.1.4 (b) or Section 6.02(e)(i) or (iii) (to the extent any such documents are included in materials otherwise filed with the SEC) may be delivered electronically and, and if so delivered, shall be deemed to have been delivered on the date (i) on which the Company posts such documents, or provides a link thereto on the Company’s website on the Internet at the website address listed on Schedule 14.310.02; or (ii) on which such documents are posted on the Company’s behalf on an Internet or intranet website, if any, to which each Bank Lender and the Administrative Agent have access (whether a commercial, third-party website or whether sponsored by the Administrative Agent); provided that that: (i) the Company shall deliver paper copies of such documents to the Administrative Agent or any Lender upon its request to the Company to deliver such paper copies until a written request to cease delivering paper copies is given by the Administrative Agent or such Lender and (ii) the Company shall notify the Administrative Agent and each Lender (which may be by facsimile or electronic mail) the Administrative Agent (which shall notify each Bank) of the posting of any such document and, promptly upon request by the Administrative Agent, documents and provide to the Administrative Agent by electronic mail an electronic version versions (i.e., a soft copycopies) of any such document specifically requested by the Administrative Agentdocuments. The Administrative Agent shall have no obligation to request the delivery of or to maintain paper copies of the documents referred to above, and in any event shall have no responsibility to monitor compliance by the Company with any such request by a Lender for delivery, and each Bank Lender shall be solely responsible for requesting delivery to it or maintaining its copies of such documents. The Company Each Borrower hereby acknowledges that (a) the Lead Administrative Agent and/or the Arrangers and/or Bank of America will may, but shall not be obligated to, make available to the Banks Lenders and the L/C Issuers materials and/or information provided by or on behalf of the Company such Borrower hereunder (collectively, “Borrower Materials”) to Banks and potential Banks by posting the Borrower Materials on IntraLinks DebtDomain, IntraLinks, Syndtrak or another 68208499_7 similar electronic system (the “Platform”) and (b) certain of the Banks or potential Banks Lenders (each, a “Public Lender”) may be “public-side” Banks (i.e., Banks that have personnel who do not wish to receive material non-public information with respect to any of the Company Borrowers or its their respective Affiliates, or the respective securities of any of the foregoing, and who may be engaged in investment and other market-related activities with respect to such Persons’ securities) (each, a “Public Bank”). The Company Each Borrower hereby agrees that it will use commercially reasonable efforts to identify that portion of the Borrower Materials that may be distributed to the Public Banks and that (w) all Borrower Materials that are to be made available to Public Banks Lenders shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (x) by marking Borrower Materials “PUBLIC,” the Company Borrowers shall be deemed to have authorized the Lead Administrative Agent, the Arrangers, Bank of America, the Banks L/C Issuers and the proposed Banks Lenders to treat such Borrower Materials as not containing any material non-public information with respect to the Company Borrowers or its their respective securities for purposes of United States Federal and state securities lawslaws (provided, it being understood however, that certain of to the extent such Borrower Materials may constitute Information, they shall be subject to the confidentiality requirements of treated as set forth in Section 14.1410.07); (y) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated “Public InvestorSide Information;” and (z) the Lead Administrative Agent and the Arrangers and Bank of America shall be entitled to treat any Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on, and shall only post such Borrower Materials on, the on a portion of the Platform not designated “Public InvestorSide Information.” Notwithstanding the foregoing, the Company no Borrower shall be under no any obligation to xxxx any Borrower Materials “PUBLIC.”.

Other Information. From Promptly from time to time time, such other information concerning the Company and its Subsidiaries (including financial and management reports submitted to the Company by independent auditors in connection with each annual or interim audit made by such auditors of the books of the Company) Loan Parties as the Administrative Agent or any Bank through the Administrative Agent may reasonably request. Documents required to be delivered pursuant to Section 10.1.1, 10.1.2 6.01(a) or 10.1.4 (b) or Section 6.02(b) (to the extent any such documents are included in materials otherwise filed with the SEC) may be delivered electronically and, and if so delivered, shall be deemed to have been delivered on the date (i) on which the Company Borrower posts such documents, or provides a link thereto on the CompanyBorrower’s website on the Internet at the website address listed on Schedule 14.311.02; or (ii) on which such documents are posted on the CompanyBorrower’s behalf on an Internet or intranet website, if any, to which each Bank Lender and the Administrative Agent have access (whether a commercial, third-party website or whether sponsored by the Administrative Agent); provided that that: (i) the Company Borrower shall deliver paper copies of such documents to the Administrative Agent or any Lender upon its request to the Borrower to deliver such paper copies until a written request to cease delivering paper copies is given by the Administrative Agent or such Lender and (ii) the Borrower shall notify the Administrative Agent and each Lender (which may be by facsimile telecopier or electronic mail) the Administrative Agent (which shall notify each Bank) of the posting of any such document and, promptly upon request by the Administrative Agent, documents and provide to the Administrative Agent by electronic mail an electronic version versions (i.e., a soft copycopies) of any such document specifically requested by the Administrative Agentdocuments. The Administrative Agent shall have no obligation to request the delivery of or to maintain paper copies of the documents referred to above, and in any event shall have no responsibility to monitor compliance by the Company Borrower with any such request for deliverydelivery by a Lender, and each Bank Lender shall be solely responsible for requesting delivery to it or maintaining its copies of such documents. The Company Borrower hereby acknowledges that (a) the Lead Administrative Agent and/or the Arrangers and/or Bank of America will make available to the Banks Lenders and the L/C Issuer materials and/or information provided by or on behalf of the Company Borrower hereunder (collectively, “Borrower Materials”) to Banks and potential Banks by posting the Borrower Materials on IntraLinks or another similar electronic system (the “Platform”) and (b) certain of the Banks or potential Banks Lenders (each, a “Public Lender”) may be “public-side” Banks (i.e., Banks that have personnel who do not wish to receive material non-public information with respect to the Company Borrower or its Affiliates, or the respective securities of any of the foregoing, and who may be engaged in investment and other market-related activities with respect to such Persons’ securities) (each, a “Public Bank”). The Company Borrower hereby agrees that it will use commercially reasonable efforts to identify that portion of the Borrower Materials that may be distributed to the Public Banks Lenders and that (w) all such Borrower Materials that are made available to Public Banks shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (x) by marking Borrower Materials “PUBLIC,” the Company Borrower shall be deemed to have authorized the Lead Administrative Agent, the Arrangers, Bank of America, the Banks L/C Issuer and the proposed Banks Lenders to treat such Borrower Materials as not containing any material non-public information (although it may be sensitive and proprietary) with respect to the Company Borrower or its securities for purposes of United States Federal and state securities lawslaws (provided, it being understood however, that certain of to the extent such Borrower Materials may constitute Information, they shall be subject to the confidentiality requirements of treated as set forth in Section 14.1411.07); (y) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated “Public InvestorSide Information;” and (z) the Lead Administrative Agent and the Arrangers and Bank of America shall be entitled to treat any Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on, and shall only post such Borrower Materials on, the on a portion of the Platform that is not designated “Public InvestorSide Information.” Notwithstanding the foregoing, the Company Borrower shall be under no obligation to xxxx any Borrower Materials “PUBLIC”.

Other Information. From time to time such other information concerning the Company and its Subsidiaries (including financial and management reports submitted to the Company by independent auditors in connection with each annual Borrower or interim audit made by such auditors of the books of the Company) any Subsidiary as the Administrative Agent or any Bank through the Administrative Agent Lender may reasonably request. Documents required to be delivered pursuant to Section 10.1.16.1(a), 10.1.2 (b) or 10.1.4 (f) (to the extent any such documents are included in materials otherwise filed with the SEC) may be delivered electronically and, and if so delivered, shall be deemed to have been delivered on the date (i) on which the Company Borrower posts such documents, or provides a link thereto on the CompanyBorrower’s website on the Internet at the website address listed on Schedule 14.311.2; or (ii) on which such documents are posted on the CompanyBorrower’s behalf on an Internet or intranet website, if any, to which each Bank Lender and the Administrative Agent have access (whether a commercial, third-party website or whether sponsored by the Administrative Agent); provided that: (A) the Borrower shall deliver paper copies of such documents to the Administrative Agent or any Lender that requests the Company Borrower to deliver such paper copies until a written request to cease delivering paper copies is given by the Administrative Agent or such Lender and (B) the Borrower shall notify the Administrative Agent and each Lender (which may be by facsimile telecopier or electronic mail) the Administrative Agent (which shall notify each Bank) of the posting of any such document and, promptly upon request by the Administrative Agent, documents and provide to the Administrative Agent by electronic mail an electronic version versions (i.e., a soft copycopies) of any such document specifically requested by the Administrative Agentdocuments. The Administrative Agent shall have no obligation to request the delivery or to maintain copies of the documents referred to above, and in any event shall have no responsibility to monitor compliance by the Company Borrower with any such request for delivery, and each Bank Lender shall be solely responsible for requesting delivery to it or maintaining its copies of such documents. The Company Borrower hereby acknowledges that (a) the Lead Administrative Agent and/or the Arrangers and/or Bank of America will make available to the Banks Lenders and the LC Issuers materials and/or information provided by or on behalf of the Company Borrower hereunder (collectively, “Borrower Materials”) to Banks and potential Banks by posting the Borrower Materials on IntraLinks or another similar electronic system (the “Platform”) and (b) certain of the Banks or potential Banks Lenders (each, a “Public Lender”) may be “public-side” Banks (i.e., Banks that have personnel who do not wish to receive material non-public information with respect to the Company or its securities) (each, a “Public Bank”). The Company hereby agrees that it will use commercially reasonable efforts to identify that portion any of the Borrower Materials that or its Affiliates, or the respective securities of any of the foregoing, and who may be distributed engaged in investment and other market-related activities with respect to the Public Banks and such Persons’ securities. The Borrower hereby agrees that (w) all Borrower Materials that are to be made available to Public Banks Lenders shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (x) by marking Borrower Materials “PUBLIC,” the Company Borrower shall be deemed to have authorized the Lead Administrative Agent, the Arrangers, Bank of America, the Banks LC Issuers and the proposed Banks Lenders to treat such the Borrower Materials as not containing any material non-public information with respect to the Company Borrower or its Affiliates or their respective securities for purposes of United States Federal and state securities lawsLaws (provided, it being understood however, that certain of such to the extent the Borrower Materials may constitute Information, they shall be subject to the confidentiality requirements of treated as set forth in Section 14.1411.7); (y) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated “Public InvestorSide Information;” and (z) the Lead Administrative Agent and the Arrangers and Bank of America shall be entitled to treat any the Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on, and shall only post such Borrower Materials on, the on a portion of the Platform not designated “Public InvestorSide Information.” Notwithstanding the foregoing, the Company shall be under no obligation to xxxx any Borrower Materials “PUBLIC”.

Other Information. From time to time such other information concerning the Company and its Subsidiaries (including financial and management reports submitted to the Company by independent auditors in connection with each annual or interim audit made by such auditors of the books of the Company) as the Administrative Agent or any Bank through the Administrative Agent may reasonably request. Documents required to be delivered pursuant to Section 10.1.1, 10.1.2 or 10.1.4 (to the extent any such documents are included in materials otherwise filed with the SEC) may be delivered electronically and, if so delivered, shall be deemed to have been delivered on the date (i) on which the Company posts such documents, or provides a link thereto thereto, on the Company’s website on the Internet at the website address listed on Schedule 14.3; or (ii) on which such documents are posted on the Company’s behalf on an Internet or intranet website, if any, to which each Bank and the Administrative Agent have access (whether a commercial, third-party website or whether sponsored by the Administrative Agent); provided that the Company shall notify (which may be by facsimile or electronic mail) the Administrative Agent (which shall notify each Bank) of the posting of any such document and, promptly upon request by the Administrative Agent, provide to the Administrative Agent by electronic mail an electronic version (i.e., a soft copy) of any such document specifically requested by the Administrative Agent. The Administrative Agent shall have no obligation to request the delivery or to maintain copies of the documents referred to above, and in any event shall have no responsibility to monitor compliance by the Company with any such request for delivery, and each Bank shall be solely responsible for requesting delivery to it or maintaining its copies of such documents. The Company hereby acknowledges that (a) the Lead Arrangers and/or Bank of America JPMorgan will make available to the Banks and the Issuing Banks materials and/or information provided by or on behalf of the Company hereunder (collectively, “Borrower Materials”) to Banks and potential Banks by posting the Borrower Materials on IntraLinks or another similar electronic system (the “Platform”) and (b) certain of the Banks or potential Banks may be “public-side” Banks (i.e., Banks that do not wish to receive material non-public information with respect to the Company or its securities) (each, a “Public Bank”). The Company hereby agrees that it will use commercially reasonable efforts to identify that portion of the Borrower Materials that may be distributed to the Public Banks and that (w) all Borrower Materials that are made available to Public Banks shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (x) by marking Borrower Materials “PUBLIC,” the Company shall be deemed to have authorized the Lead Arrangers, Bank of AmericaJPMorgan, the Banks and the proposed Banks to treat such Borrower Materials as not containing any material non-public information with respect to the Company or its securities for purposes of United States Federal and state securities laws, it being understood that certain of such Borrower Materials may be subject to the confidentiality requirements of Section 14.14; (y) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated “Public Investor;” and (z) the Lead Arrangers and Bank of America JPMorgan shall treat any Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on, and shall only post such Borrower Materials on, the portion of the Platform not designated “Public Investor.” Notwithstanding the foregoing, the Company shall be under no obligation to xxxx any Borrower Materials “PUBLIC”.

Other Information. From time to time With reasonable promptness upon request therefor, such other information concerning regarding the business, properties or financial condition of any Group Company and its Subsidiaries (including financial and management reports submitted to the Company by independent auditors in connection with each annual or interim audit made by such auditors of the books of the Company) as the Administrative Agent or any Bank through the Administrative Agent Lender may reasonably request, which may include such information as any Lender may reasonably determine is necessary or advisable to enable it either (i) to comply with the policies and procedures adopted by it and its Affiliates to comply with the Bank Secrecy Act, the U.S. Patriot Act and all applicable regulations thereunder or (ii) to respond to requests for information concerning the Borrower and its Subsidiaries from any governmental, self-regulatory organization or financial institution in connection with its anti-money laundering and anti-terrorism regulatory requirements or its compliance procedures under the U.S. Patriot Act, including in each case information concerning the Borrower’s direct and indirect shareholders and its use of the proceeds of the Borrowing hereunder. Documents required to be delivered pursuant to Section 10.1.1, 10.1.2 6.01(a) or 10.1.4 (b) or Section 6.02(d) (to the extent any such documents are included in materials otherwise filed with the SEC) may be delivered electronically and, and if so delivered, shall be deemed to have been delivered on the date (i) on which the Company Borrower posts such documents, or provides a link thereto on the CompanyBorrower’s website on the Internet at the website address listed on Schedule 14.310.02; or (ii) on which such documents are posted on the CompanyBorrower’s behalf on an Internet or intranet Intranet website, if any, to which each Bank Lender and the Administrative Agent have access (whether a commercial, third-party website or whether sponsored by the Administrative Agent); provided that: (i) the Borrower shall deliver paper copies of such documents to the Administrative Agent or any Lender that requests the Company Borrower to deliver such paper copies until a written request to cease delivering paper copies is given by the Administrative Agent or such Lender and (ii) the Borrower shall notify (which may be by facsimile or electronic mail) the Administrative Agent (which shall notify and each Bank) Lender of the posting of any such document and, promptly upon request by the Administrative Agent, documents and provide to the Administrative Agent by electronic mail an electronic version versions (i.e., a soft copycopies) of any such document specifically requested documents. Notwithstanding anything contained herein, in every instance the Borrower shall be required to provide paper copies of the Compliance Certificates required by Section 6.02(b) to the Administrative Agent. The Except for such Compliance Certificates, the Administrative Agent shall have no obligation to request the delivery or to maintain copies of the documents referred to above, and in any event shall have no responsibility to monitor compliance by the Company Borrower with any such request for delivery, and each Bank Lender shall be solely responsible for requesting delivery to it or maintaining its copies of such documents. The Company hereby acknowledges that (a) the Lead Arrangers and/or Bank of America will make available to the Banks materials and/or information provided by or on behalf of the Company hereunder (collectively, “Borrower Materials”) to Banks and potential Banks by posting the Borrower Materials on IntraLinks or another similar electronic system (the “Platform”) and (b) certain of the Banks or potential Banks may be “public-side” Banks (i.e., Banks that do not wish to receive material non-public information with respect to the Company or its securities) (each, a “Public Bank”). The Company hereby agrees that it will use commercially reasonable efforts to identify that portion of the Borrower Materials that may be distributed to the Public Banks and that (w) all Borrower Materials that are made available to Public Banks shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (x) by marking Borrower Materials “PUBLIC,” the Company shall be deemed to have authorized the Lead Arrangers, Bank of America, the Banks and the proposed Banks to treat such Borrower Materials as not containing any material non-public information with respect to the Company or its securities for purposes of United States Federal and state securities laws, it being understood that certain of such Borrower Materials may be subject to the confidentiality requirements of Section 14.14; (y) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated “Public Investor;” and (z) the Lead Arrangers and Bank of America shall treat any Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on, and shall only post such Borrower Materials on, the portion of the Platform not designated “Public Investor.” Notwithstanding the foregoing, the Company shall be under no obligation to xxxx any Borrower Materials “PUBLIC”.

Other Information. From time to time With reasonable promptness upon any such request, such other information concerning regarding the Company business, properties or financial condition of the Borrower and its Subsidiaries (including financial and management reports submitted to the Company by independent auditors in connection with each annual or interim audit made by such auditors of the books of the Company) as the Administrative Agent or any Bank through the Administrative Agent Required Lenders may reasonably request. Documents required to be delivered pursuant to Section 10.1.1, 10.1.2 or 10.1.4 7.1 (to the extent any such documents are included in materials otherwise filed with the SEC) may be delivered electronically and, and if so delivered, shall be deemed to have been delivered on the date (i) on which the Company Borrower posts such documents, or provides a link thereto on the Company’s Borrower's website on the Internet at the website address listed on Schedule 14.311.1; or (ii) on which such documents are posted on the Company’s Borrower's behalf on an Internet or intranet website, if any, to which each Bank Lender and the Administrative Agent have access (whether a commercial, third-party website or whether sponsored by the Administrative Agent); provided that: (i) the Borrower shall deliver paper copies of such documents to the Agent or any Lender that requests the Company Borrower to deliver such paper copies until a written request to cease delivering paper copies is given by the Agent or such Lender and (ii) the Borrower shall notify the Agent and each Lender (which may be by facsimile telecopier or electronic mail) the Administrative Agent (which shall notify each Bank) of the posting of any such document and, promptly upon request by the Administrative Agent, documents and provide to the Administrative Agent by electronic mail an electronic version versions (i.e., a soft copycopies) of any such document specifically requested documents. Notwithstanding anything contained herein, in every instance the Borrower shall be required to provide paper copies of the officer's certificates required by Section 7.1(c) to the Administrative Agent. The Administrative Except for such officer's certificates, the Agent shall have no obligation to request the delivery or to maintain copies of the documents referred to above, and in any event shall have no responsibility to monitor compliance by the Company Borrower with any such request for delivery, and each Bank Lender shall be solely responsible for requesting delivery to it or maintaining its copies of such documents. The Company Borrower hereby acknowledges that (a) the Lead Arrangers Agent and/or Bank of America the Arranger will make available to the Banks Lenders materials and/or information provided by or on behalf of the Company Borrower hereunder (collectively, “"Borrower Materials”") to Banks and potential Banks by posting the Borrower Materials on IntraLinks or another similar electronic system (the “"Platform”") and (b) certain of the Banks or potential Banks Lenders may be “"public-side” Banks " Lenders (i.e., Banks Lenders that do not wish to receive material non-public information with respect to the Company Borrower or its securities) (each, a “"Public Bank”Lender"). The Company Borrower hereby agrees that it will use commercially reasonable efforts to identify that portion of the Borrower Materials that may be distributed to the Public Banks Lenders and that (w) all such Borrower Materials that are made available to Public Banks shall be clearly and conspicuously marked “"PUBLIC” " which, at a minimum, shall mean that the word “"PUBLIC” " shall appear prominently on the first page thereof; (x) by marking Borrower Materials “"PUBLIC,” " the Company Borrower shall be deemed to have authorized the Lead Arrangers, Bank of AmericaAgent, the Banks Arranger and the proposed Banks Lenders to treat such Borrower Materials as not containing any material non-public information (although it may be sensitive and proprietary) with respect to the Company Borrower or its securities for purposes of United States Federal and state securities lawslaws (provided, it being understood however, that certain of to the extent such Borrower Materials may constitute Information, they shall be subject to the confidentiality requirements of treated as set forth in Section 14.1411.18); (y) all Borrower Materials marked “"PUBLIC” " are permitted to be made available through a portion of the Platform designated “"Public Investor;” " and (z) the Lead Arrangers Agent and Bank of America the Arranger shall be entitled to treat any Borrower Materials that are not marked “"PUBLIC” " as being suitable only for posting on, and shall only post such Borrower Materials on, the on a portion of the Platform not designated “"Public Investor.” Notwithstanding the foregoing, the Company shall be under no obligation to xxxx any Borrower Materials “PUBLIC”."

Other Information. From Such additional information (a) regarding the business operations of any Loan Party or any Material Subsidiary that is a Restricted Subsidiary as the Administrative Agent may from time to time such other information concerning the Company and on its Subsidiaries (including financial and management reports submitted to the Company by independent auditors in connection with each annual own behalf or interim audit made by such auditors on behalf of the books of the CompanyRequired Lenders reasonably request and (b) as may be reasonably requested by the Administrative Agent or any Bank Lender through the Administrative Agent may reasonably requestfor purposes of compliance with applicable “know your customer” and anti-money laundering rules and regulations, including the USA PATRIOT Act and the Beneficial Ownership Regulation. Documents required to be delivered pursuant to Section 10.1.1, 10.1.2 6.01 or 10.1.4 (to the extent any such documents are included in materials otherwise filed with the SEC) Section 6.02 may be delivered electronically and, and if so delivered, shall be deemed to have been delivered on the date (i) on which the Company Borrowers (or Holdings or any Qualified Reporting Subsidiary or Parent Entity) posts such documents, or provides a link thereto thereto, on the CompanyBorrowers’ (or Holdings’ any Qualified Reporting Subsidiary’s or Parent Entity’s) website on the Internet at the website address listed on Schedule 14.3; Internet, or (ii) on which such documents are posted on the Company’s Borrowers’ behalf on an Internet Syndtrak or intranet another relevant website, if any, to which each Bank Lender and the Administrative Agent have access (whether a commercial, third-party website or whether sponsored by the Administrative Agent); provided that the Company Borrowers shall notify (which may be by facsimile or electronic mail) the Administrative Agent (which shall notify each Bank) of the posting of any such document and, promptly upon request by the Administrative Agent, documents and provide to the Administrative Agent by electronic mail an electronic version versions (i.e., a soft copycopies) of any such document specifically requested by the Administrative Agentdocuments. The Administrative Agent shall have no obligation to request the delivery or to maintain copies of the documents referred to above, and in any event shall have no responsibility to monitor compliance by the Company with any such request for delivery, and each Bank Each Lender shall be solely responsible for timely accessing posted documents or requesting delivery to it or of paper copies of such documents from the Administrative Agent and maintaining its copies of such documents. The Company Borrowers hereby acknowledges acknowledge that (a) the Administrative Agent and/or the Lead Arrangers and/or Bank of America will make available to the Banks Lenders materials and/or information provided by or on behalf of the Company Borrowers hereunder (collectively, “Borrower Materials”) to Banks and potential Banks by posting the Borrower Materials on IntraLinks Syndtrak or another similar electronic system (the “Platform”) and (b) certain of the Banks or potential Banks Lenders may be “public-side” Banks (i.e., Banks that have personnel who do not wish to receive material non-public any information with respect to the Company Holdings or its Subsidiaries, or the respective securities of any of the foregoing, that is not Public-Side Information, and who may be engaged in investment and other market-related activities with respect to such Person’s securities) (each, a “Public Bank”). The Company Borrowers hereby agrees that it will use commercially reasonable efforts to identify that portion of the Borrower Materials that may be distributed to the Public Banks and agree that (wi) all Borrower Materials that are to be made available to Public Banks Lenders shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereofthereof (and by doing so shall be deemed to have represented that such information contains only Public-Side Information); (xii) by marking Borrower Materials “PUBLIC,” the Company Borrowers shall be deemed to have authorized the Lead Arrangers, Bank of AmericaAdministrative Agent, the Banks Lead Arrangers and the proposed Banks Lenders to treat such Borrower Materials as not containing any material nononly Public-public information with respect Side Information (provided, however, that to the Company or its securities for purposes of United States Federal and state securities laws, it being understood that certain of extent such Borrower Materials may constitute Information, they shall be subject to the confidentiality requirements of treated as set forth in Section 14.1411.08); (yiii) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated “Public Investor;” Public-Side Information”; and (ziv) the Administrative Agent and the Lead Arrangers and Bank of America shall treat any Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on, and shall only post such Borrower Materials on, the on a portion of the Platform not designated “Public InvestorPublic-Side Information.” Notwithstanding For the foregoingavoidance of doubt, the Company foregoing shall be under no obligation subject to xxxx any Borrower Materials “PUBLIC”the provisions of Section 11.08.

Other Information. From Such other information respecting the business, condition (financial or otherwise), operations, liabilities (actual or contingent), performance, properties or prospects of the Borrower or any of its Subsidiaries as any of the Lender Parties, through the Administrative Agent, may from time to time such other information concerning the Company and its Subsidiaries (including financial and management reports submitted to the Company by independent auditors in connection with each annual or interim audit made by such auditors of the books of the Company) as the Administrative Agent or any Bank through the Administrative Agent may reasonably request. Documents required to be delivered pursuant to Section 10.1.1, 10.1.2 5.03(b) or 10.1.4 (c) (to the extent any such documents are included in materials otherwise filed with the SECSecurities and Exchange Commission) may be delivered electronically and, if so delivered, shall be deemed to have been delivered to the Administrative Agent and the Lender Parties on the date the Administrative Agent receives notice (which may be electronic) that such documents are available on EXXXX or a similar online service, provided that: (i) on which the Company posts Borrower shall deliver paper copies of such documents, documents to the Administrative Agent or provides any Lender that requests it to deliver such paper copies until a link thereto on written request to cease delivering paper copies of given by the Company’s website on the Internet at the website address listed on Schedule 14.3; Administrative Agent or such Lender and (ii) on which such documents are posted on the Company’s behalf on an Internet or intranet website, if any, to which each Bank and the Administrative Agent have access (whether a commercial, third-party website or whether sponsored by the Administrative Agent); provided that the Company shall notify (which may be by facsimile or electronic mail) the Administrative Agent (which shall notify each Bank) Lender of the posting of any such document and, promptly upon request by the Administrative Agent, provide to the Administrative Agent by electronic mail an electronic version (i.e., a soft copy) of any such document specifically requested by the Administrative Agentdocuments. The Administrative Agent shall have no obligation to request the delivery or to maintain copies of the documents referred to above, and in any event shall have no responsibility to monitor compliance by the Company Borrower with any such request for delivery, and each Bank Lender shall be solely responsible for requesting delivery to it or maintaining its copies of such documents. The Company Borrower hereby acknowledges that (a) the Lead Arrangers and/or Bank of America Administrative Agent will make available to the Banks Lenders, the Swing Line Bank and the Issuing Bank materials and/or information provided by or on behalf of the Company Borrower hereunder (collectively, “"Borrower Materials”") to Banks and potential Banks by posting the Borrower Materials on IntraLinks or another similar electronic system (the “"Platform”") and (b) certain of the Banks or potential Banks Lenders may be “"public-side” Banks " Lenders (i.e., Banks Lenders that do not wish to receive material material, non-public information with respect to the Company Borrower or its securities) (each, a “"Public Bank”Lender"). The Company Borrower hereby agrees that it will use commercially reasonable efforts to identify that portion of the Borrower Materials that may be distributed to the Public Banks Lenders and that (w) all such Borrower Materials that are made available to Public Banks shall be clearly and conspicuously marked “"PUBLIC” " which, at a minimum, shall mean that the word “"PUBLIC” " shall appear prominently on the first page thereof; (x) by marking Borrower Materials “"PUBLIC,” " the Company Borrower shall be deemed to have authorized the Lead Arrangers, Bank of AmericaAdministrative Agent, the Banks Issuing Bank, the Swing Line Bank and the proposed Banks Lenders to treat such Borrower Materials as either publicly available information or not containing any material non-public information (although it may be sensitive and proprietary) with respect to the Company Borrower or its securities for purposes of United States Federal and state securities laws, it being understood that certain of such Borrower Materials may be subject to the confidentiality requirements of Section 14.14; (y) all Borrower Materials marked “"PUBLIC” " are permitted to be made available through a portion of the Platform designated “"Public Investor;” " and (z) the Lead Arrangers and Bank of America Administrative Agent shall be entitled to treat any Borrower Materials that are not marked “"PUBLIC” " as being suitable only for posting on, and shall only post such Borrower Materials on, the on a portion of the Platform not designated “"Public Investor.” Notwithstanding the foregoing, the Company shall be under no obligation to xxxx any Borrower Materials “PUBLIC”." Financial Covenant

Other Information. From Promptly, such additional financial and other information as the Administrative Agent, at the request of any Lender, may from time to time such other information concerning the Company and its Subsidiaries (including financial and management reports submitted to the Company by independent auditors in connection with each annual or interim audit made by such auditors of the books of the Company) as the Administrative Agent or any Bank through the Administrative Agent may reasonably request. Documents required to be delivered pursuant to Section 10.1.1, 10.1.2 7.1(a) or 10.1.4 (b) or Section 7.2(e) (to the extent any such documents are included in materials otherwise filed with the SEC) may be delivered electronically and, and if so delivered, shall be deemed to have been delivered on the date (i) on which the Company Borrower posts such documents, or provides a link thereto on the CompanyBorrower’s website on the Internet at the website address listed on Schedule 14.311.1; or (ii) on which such documents are posted on the CompanyBorrower’s behalf on an Internet or intranet website, if any, to which each Bank Lender and the Administrative Agent have access (whether a commercial, third-party website or whether sponsored by the Administrative Agent); provided that: (i) the Borrower shall deliver paper copies of such documents to the Administrative Agent or any Lender that requests the Company Borrower to deliver such paper copies until a written request to cease delivering paper copies is given by the Administrative Agent or such Lender and (ii) the Borrower shall notify the Administrative Agent and each Lender (which may be by facsimile or electronic mail) the Administrative Agent (which shall notify each Bank) of the posting of any such document and, promptly upon request documents and if requested by the Administrative Agent, Agent provide to the Administrative Agent by electronic mail an electronic version versions (i.e., a soft copycopies) of any such document specifically requested documents. Notwithstanding anything contained herein, in every instance the Borrower shall be required to provide paper copies of the Compliance Certificates required by Section 7.2(b) to the Administrative Agent. The Except for such Compliance Certificates, the Administrative Agent shall have no obligation to request the delivery or to maintain copies of the documents referred to above, and in any event shall have no responsibility to monitor compliance by the Company Borrower with any such request for delivery, and each Bank Lender shall be solely responsible for requesting delivery to it or maintaining its copies of such documents. The Company Borrower hereby acknowledges that (a) the Lead Administrative Agent and/or the Arrangers and/or Bank of America will make available to the Banks Lenders and the L/C Issuer materials and/or information provided by or on behalf of the Company Borrower hereunder (collectively, “Borrower Materials”) to Banks and potential Banks by posting the Borrower Materials on IntraLinks or another similar electronic system (the “Platform”) and (b) certain of the Banks or potential Banks Lenders (each a “Public Lender”) may be “public-side” Banks (i.e., Banks that have personnel who do not wish to receive material non-public information with respect to the Company Borrower or its Affiliates, or the respective securities of any of the foregoing, and who may be engaged in investment and other market-related activities with respect to such Persons’ securities) (each, a “Public Bank”). The Company Borrower hereby agrees that it will use commercially reasonable efforts to identify that portion of the Borrower Materials that may be distributed to the Public Banks and that (w) all Borrower Materials that are to be made available to Public Banks Lenders shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (x) by marking Borrower Materials “PUBLIC,” the Company Borrower shall be deemed to have authorized the Lead Administrative Agent, the Arrangers, Bank of America, the Banks L/C Issuer and the proposed Banks Lenders to treat such Borrower Materials as not containing any material non-public information with respect to the Company Borrower or its securities for purposes of United States Federal federal and state securities lawslaws (provided, it being understood however, that certain of to the extent such Borrower Materials may constitute Information, they shall be subject to the confidentiality requirements of treated as set forth in Section 14.1411.12); (y) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated as “Public InvestorSide Information;” and (z) the Lead Administrative Agent and the Arrangers and Bank of America shall be entitled to treat any Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on, and shall only post such Borrower Materials on, the on a portion of the Platform that is not designated marked as “Public Investor.” Side Information”. Notwithstanding the foregoing, the Company Borrower shall be under no obligation to xxxx any Borrower Materials “PUBLIC.”.

Other Information. From time Promptly upon request, the Loan Parties shall provide to time the DIP Agent such other information concerning respecting the Company and its Subsidiaries (including financial and management reports submitted to the Company by independent auditors in connection with each annual business, operations, or interim audit made by such auditors Property of the books of the Company) as the Administrative Agent Borrower or any Bank Restricted Subsidiary, financial or otherwise, as any Lender through the Administrative DIP Agent may reasonably request. Documents required to be delivered pursuant to Section 10.1.15.2(a), 10.1.2 Section 5.2(b) or 10.1.4 Section 5.2(t) (to the extent any such documents are included in materials otherwise filed with the SEC) may be delivered electronically and, and if so delivered, shall be deemed to have been delivered on the date (i) on which the Company Borrower posts such documents, or provides a link thereto on the Company’s Borrower's website on the Internet at the website address listed on Schedule 14.3in Section 11.9; or (ii) on which such documents are posted on the Company’s Borrower's behalf on an Internet or intranet website, if any, to which each Bank Lender and the Administrative DIP Agent have access (whether a commercial, third-party website or whether sponsored by the Administrative DIP Agent); provided that: (i) the Borrower shall deliver paper copies of such documents to the DIP Agent or any Lender that requests the Company Borrower to deliver such paper copies until a written request to cease delivering paper copies is given by the DIP Agent or such Lender and (ii) the Borrower shall notify the DIP Agent and each Lender (which may be by facsimile or electronic mail) the Administrative Agent (which shall notify each Bank) of the posting of any such document and, promptly upon request by the Administrative Agent, documents and provide to the Administrative DIP Agent by electronic mail an electronic version (i.e., a soft copy) versions of any such document specifically requested by the Administrative Agentdocuments. The Administrative DIP Agent shall have no obligation to request the delivery or to maintain copies of the documents referred to above, and in any event shall have no responsibility to monitor compliance by the Company Borrower with any such request for delivery, and each Bank Lender shall be solely responsible for requesting delivery to it or maintaining its copies of such documents. The Company Borrower hereby acknowledges that (ai) the Lead Arrangers DIP Agent and/or Bank of America the Arranger will make available to the Banks Lenders and the Issuing Lender materials and/or information provided by or on behalf of the Company Borrower hereunder (collectively, “"Borrower Materials”") to Banks and potential Banks by posting the Borrower Materials on IntraLinks Debt Domain, IntraLinks, SyndTrak Online or another similar electronic system (the “"Platform”") and (bii) certain of the Banks or potential Banks Lenders may be “"public-side” Banks " Lenders (i.e., Banks Lenders that do not wish to receive material non-public information with respect to the Company Borrower or its securities) (each, a “"Public Bank”Lender"). The Company Borrower hereby agrees that it will use commercially reasonable efforts to identify that portion of the Borrower Materials that may be distributed to the Public Banks Lenders and that (w) all such Borrower Materials that are made available to Public Banks shall be clearly and conspicuously marked “"PUBLIC” " which, at a minimum, shall mean means that the word “"PUBLIC” " shall appear prominently on the first page thereof; (x) by marking Borrower Materials “"PUBLIC,” " the Company Borrower shall be deemed to have authorized the Lead Arrangers, Bank of AmericaDIP Agent, the Banks Arranger, the Issuing Lender and the proposed Banks Lenders to treat such Borrower Materials as not containing any material non-public information (although it may be sensitive and proprietary) with respect to the Company Borrower or its securities for purposes of United States Federal and state securities lawslaws (provided, it being understood however, that certain of to the extent such Borrower Materials may constitute Information, they shall be subject to the confidentiality requirements of treated as set forth in Section 14.1411.8); (y) all Borrower Materials marked “"PUBLIC” " are permitted to be made available through a portion of the Platform designated “"Public Investor;” " and (z) the Lead Arrangers DIP Agent and Bank of America the Arranger shall be entitled to treat any Borrower Materials that are not marked “"PUBLIC” " as being suitable only for posting on, and shall only post such Borrower Materials on, the on a portion of the Platform not designated “"Public Investor.” Notwithstanding the foregoing, the Company shall be under no obligation to xxxx any Borrower Materials “PUBLIC”."

Other Information. From time to time With reasonable promptness, such other information concerning the Company and its Subsidiaries or existing documents (including financial and management reports submitted to the Company by independent auditors in connection with each annual or interim audit made by such auditors of the books of the Companyotherwise) as the Administrative Agent or any Bank through the Administrative Agent Lender may reasonably requestrequest from time to time. Documents required to be delivered pursuant to Section 10.1.16.01(a), 10.1.2 or 10.1.4 (b), (c), (g) (to the extent any such documents are included in materials otherwise filed with the SEC) and (h) may be delivered electronically and, and if so delivered, shall be deemed to have been delivered on the date (i) on which the Company Borrower posts such documents, or provides a link thereto on the CompanyBorrower’s website on the Internet at the website address listed on Schedule 14.310.02; or (ii) on which such documents are posted on the CompanyBorrower’s behalf on an Internet or intranet website, if any, to which each Bank Lender and the Administrative Agent have access (whether a commercial, third-party website or whether sponsored by the Administrative Agent); provided that the Company Borrower shall notify the Administrative Agent and each Lender (which may be by facsimile telecopier or electronic mail) the Administrative Agent (which shall notify each Bank) of the posting of any such document documents and, promptly upon request by the Administrative Agentif requested, provide to the Administrative Agent by electronic mail an electronic version versions (i.e., a soft copycopies) of any such document specifically requested by the Administrative Agent. The Administrative Agent shall have no obligation to request the delivery or to maintain copies of the documents referred to above, and in any event shall have no responsibility to monitor compliance by the Company with any such request for delivery, and each Bank shall be solely responsible for requesting delivery to it or maintaining its copies of such documents. The Company Each Borrower hereby acknowledges that (a) the Lead Arrangers Administrative Agent and/or Bank of America will the Arranger may, but shall not be obligated to, make available to the Lenders and the Fronting Banks materials and/or information provided by or on behalf of the Company Borrowers hereunder (collectively, “Borrower Materials”) to Banks and potential Banks by posting the Borrower Materials on IntraLinks Debt Domain, IntraLinks, Syndtrak, ClearPar, or another similar electronic system (the “Platform”) and (b) certain of the Banks or potential Banks Lenders (each, a “Public Lender”) may be “public-side” Banks (i.e., Banks that have personnel who do not wish to receive material non-public information with respect to the Company Borrowers or its their Affiliates, or the respective securities of any of the foregoing, and who may be engaged in investment and other market-related activities with respect to such Persons’ securities) (each, a “Public Bank”). The Company Borrowers hereby agrees that it will use commercially reasonable efforts to identify that portion of the Borrower Materials that may be distributed to the Public Banks and agree that (w) all Borrower Materials that are to be made available to Public Banks Lenders shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (x) by marking Borrower Materials “PUBLIC,” the Company each Borrower shall be deemed to have authorized the Lead Administrative Agent, the Arrangers, Bank of America, the Fronting Banks and the proposed Banks Lenders to treat such Borrower Materials as not containing any material non-public information with respect to the Company Borrowers or its securities for purposes of United States Federal and state securities lawslaws (provided, it being understood however, that certain of to the extent such Borrower Materials may constitute Information, they shall be subject to the confidentiality requirements of treated as set forth in Section 14.1410.07); (y) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated “Public Investor;” Side Information”; and (z) the Lead Administrative Agent and the Arrangers and Bank of America shall be entitled to treat any Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on, and shall only post such Borrower Materials on, the on a portion of the Platform not designated “Public InvestorSide Information.” Notwithstanding For the foregoingavoidance of doubt, the Company no Borrower shall be under no obligation required to xxxx any Borrower Materials documents “PUBLIC.”.

Other Information. From time to time such other information concerning the Company and its Subsidiaries (including financial and management reports submitted to the Company by independent auditors in connection with each annual or interim audit made by such auditors of the books of the Company) as the Administrative Agent or any Bank Lender through the Administrative Agent may reasonably request. Documents required to be delivered pursuant to Section 10.1.1, 10.1.2 or 10.1.4 (to the extent any such documents are included in materials otherwise filed with the SEC) may be delivered electronically and, if so delivered, shall be deemed to have been delivered on the date (i) on which the Company posts such documents, or provides a link thereto thereto, on the Company’s website on the Internet at the website address listed on Schedule 14.314.3 or on the SEC’s website; or (ii) on which such documents are posted on the Company’s behalf on an Internet or intranet website, if any, to which each Bank Lender and the Administrative Agent have access (whether a commercial, third-party website or whether sponsored by the Administrative Agent); provided that the Company shall notify (which may be by facsimile or electronic mail) the Administrative Agent (which shall notify each BankLender) of the posting of any such document and, promptly upon request by the Administrative Agent, provide to the Administrative Agent by electronic mail an electronic version (i.e., a soft copy) of any such document specifically requested by the Administrative Agent. The Administrative Agent shall have no obligation to request the delivery or to maintain copies of the documents referred to above, and in any event shall have no responsibility to monitor compliance by the Company with any such request for delivery, and each Bank Lender shall be solely responsible for requesting delivery to it or maintaining its copies of such documents. The Company hereby acknowledges that (a) the Lead Arrangers and/or Bank of America the Administrative Agent will make available to the Banks Lenders and the Issuing Lenders materials and/or information provided by or on behalf of the Company hereunder (collectively, “Borrower Materials”) to Banks Lenders and potential Banks Lenders by posting the Borrower Materials on IntraLinks an electronic system, including e-mail, e-fax, Intralinks®, ClearPar®, Debt Domain, Syndtrak and any other internet or another similar extranet-based site, whether such electronic system is owned, operated or hosted by the Administrative Agent and any of its respective Related Persons or any other Person, providing for access to data protected by passcodes or other security system (the “Platform”) and (b) certain of the Banks Lenders or potential Banks Lenders may be “public-side” Banks Lenders (i.e., Banks Lenders that do not wish to receive material non-public information with respect to the Company or its securities) (each, a “Public BankLender”). The Company hereby agrees that it will use commercially reasonable efforts to identify that portion of the Borrower Materials that may be distributed to the Public Banks Lenders and that (w) all Borrower Materials that are made available to Public Banks Lenders shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (x) by marking Borrower Materials “PUBLIC,” the Company shall be deemed to have authorized the Lead Arrangers, Bank of Americathe Administrative Agent, the Banks Lenders and the proposed Banks Lenders to treat such Borrower Materials as not containing any material non-public information with respect to the Company or its securities for purposes of United States Federal and state securities laws, it being understood that certain of such Borrower Materials may be subject to the confidentiality requirements of Section 14.14; (y) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated “Public Investor;” and (z) the Lead Arrangers and Bank of America the Administrative Agent shall treat any Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on, and shall only post such Borrower Materials on, the portion of the Platform not designated “Public Investor.” ”. Notwithstanding the foregoing, the Company shall be under no obligation to xxxx any Borrower Materials “PUBLIC”.. Any Platform used by the Administrative Agent is provided “as is” and “as available”. The Agent-Related Persons do not warrant the adequacy of such Platform and expressly disclaim

Other Information. From Promptly from time to time time, such other information concerning the Company and its Subsidiaries (including financial and management reports submitted to the Company by independent auditors in connection with each annual or interim audit made by such auditors of the books of the Company) Loan Parties as the Administrative Agent or any Bank through the Administrative Agent may reasonably request. Documents required to be delivered pursuant to Section 10.1.1, 10.1.2 6.01(a) or 10.1.4 (b) or Section 6.02(b) (to the extent any such documents are included in materials otherwise filed with the SEC) may be delivered electronically and, and if so delivered, shall be deemed to have been delivered on the date (i) on which the Company Borrower posts such documents, or provides a link thereto on the CompanyBorrower’s website on the Internet at the website address listed on Schedule 14.311.02; or (ii) on which such documents are posted on the CompanyBorrower’s behalf on an Internet or intranet website, if any, to which each Bank Lender and the Administrative Agent have access (whether a commercial, third-party website or whether sponsored by the Administrative Agent); provided that that: (i) the Company Borrower shall deliver paper copies of such documents to the Administrative Agent or any Lender upon its request to the Borrower to deliver such paper copies until a written request to cease delivering paper copies is given by the Administrative Agent or such Lender and (ii) the Borrower shall notify the Administrative Agent and each Lender (which may be by facsimile telecopier or electronic mail) the Administrative Agent (which shall notify each Bank) of the posting of any such document and, promptly upon request by the Administrative Agent, documents and provide to the Administrative Agent by electronic mail an electronic version versions (i.e., a soft copycopies) of any such document specifically requested by the Administrative Agentdocuments. The Administrative Agent shall have no obligation to request the delivery of or to maintain paper copies of the documents referred to above, and in any event shall have no responsibility to monitor compliance by the Company Borrower with any such request for deliverydelivery by a Lender, and each Bank Lender shall be solely responsible for requesting delivery to it or maintaining its copies of such documents. The Company Borrower hereby acknowledges that (a) the Lead Administrative Agent and/or the Arrangers and/or Bank of America will may make available to the Banks Lenders, Voting Participants and the L/C Issuer materials and/or information provided by or on behalf of the Company Borrower hereunder (collectively, “Borrower Materials”) to Banks and potential Banks by posting the Borrower Materials on IntraLinks or another similar electronic system (the “Platform”) and (b) certain of the Banks or potential Banks Lenders (each, a “Public Lender”) may be “public-side” Banks (i.e., Banks that have personnel who do not wish to receive material non-public information with respect to the Company Borrower or its Affiliates, or the respective securities of any of the foregoing, and who may be engaged in investment and other market-related activities with respect to such Persons’ securities) (each, a “Public Bank”). The Company Borrower hereby agrees that it will use commercially reasonable efforts to identify that portion of the Borrower Materials that may be distributed to the Public Banks Lenders and that (w) all such Borrower Materials that are made available to Public Banks shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (x) by marking Borrower Materials “PUBLIC,” the Company Borrower shall be deemed to have authorized the Lead Administrative Agent, the Arrangers, Bank of America, the Banks L/C Issuer and the proposed Banks Lenders to treat such Borrower Materials as not containing any material non-public information (although it may be sensitive and proprietary) with respect to the Company Borrower or its securities for purposes of United States Federal and state securities lawslaws (provided, it being understood however, that certain of to the extent such Borrower Materials may constitute Information, they shall be subject to the confidentiality requirements of treated as set forth in Section 14.1411.07); (y) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated “Public InvestorSide Information;” and (z) the Lead Administrative Agent and the Arrangers and Bank of America shall be entitled to treat any Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on, and shall only post such Borrower Materials on, the on a portion of the Platform that is not designated “Public InvestorSide Information.” Notwithstanding the foregoing, the Company Borrower shall be under no obligation to xxxx any Borrower Materials “PUBLIC”.

Other Information. From time to time With reasonable promptness upon any such request, such other information concerning regarding the Company and its Subsidiaries (including Properties or regarding the business, assets or financial and management reports submitted to the Company by independent auditors in connection with each annual or interim audit made by such auditors condition of the books of the Company) Credit Parties and their Subsidiaries as the Administrative Agent or any Bank through the Administrative Agent Lender may reasonably request. Documents required to be delivered pursuant to Section 10.1.17.1(a), 10.1.2 (b) or 10.1.4 (g) (to the extent any such documents are included in materials otherwise filed with the SECSecurities and Exchange Commission) may be delivered electronically and, and if so delivered, shall be deemed to have been delivered on the date (i) on which the Company posts Borrowers post such documents, or provides a link thereto on the CompanyBorrower’s website on the Internet at the website address listed on Schedule 14.311.1; or (ii) on which such documents are posted on the Company’s Borrowers’ behalf on an Internet or intranet website, if any, to which each Bank Lender and the Administrative Agent have access (whether a commercial, third-party website or whether sponsored by the Administrative Agent); provided that that: (i) the Company Borrowers shall deliver paper copies of such documents to the Administrative Agent or any Lender upon its request to the Borrowers to deliver such paper copies until a written request to cease delivering paper copies is given by the Administrative Agent or such Lender and (ii) the Borrowers shall notify the Administrative Agent and each Lender (which may be by facsimile or electronic mail) the Administrative Agent (which shall notify each Bank) of the posting of any such document and, promptly upon request by the Administrative Agent, documents and provide to the Administrative Agent by electronic mail an electronic version versions (i.e., a soft copycopies) of any such document specifically requested by the Administrative Agentdocuments. The Administrative Agent shall have no obligation to request the delivery of or to maintain paper copies of the documents referred to above, and in any event shall have no responsibility to monitor compliance by the Company Borrowers with any such request by a Lender for delivery, and each Bank Lender shall be solely responsible for requesting delivery to it or maintaining its copies of such documents. The Company Borrowers hereby acknowledges acknowledge that (a) the Lead Administrative Agent and/or the Arrangers and/or Bank of America will the Bookrunners may, but shall not be obligated to, make available to the Banks Lenders and the Issuing Lenders materials and/or information provided by or on behalf of the Company Borrowers hereunder (collectively, “Borrower Materials”) to Banks and potential Banks by posting the Borrower Materials on IntraLinks IntraLinks, Syndtrak, ClearPar, or another a substantially similar electronic transmission system (the “Platform”) and (b) certain of the Banks or potential Banks Lenders (each, a “Public Lender”) may be “public-side” Banks (i.e., Banks that have personnel who do not wish to receive material non-public information with respect to the Company Borrowers or its Affiliates, or the respective securities of any of the foregoing, and who may be engaged in investment and other market-related activities with respect to such Persons’ securities) (each, a “Public Bank”). The Company Borrowers hereby agrees that it will use commercially reasonable efforts to identify that portion of the Borrower Materials that may be distributed to the Public Banks and that (w) all Borrower Materials that are to be made available to Public Banks Lenders shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (x) by marking Borrower Materials “PUBLIC,” the Company Borrowers shall be deemed to have authorized the Lead Administrative Agent, the Arrangers, Bank of Americathe Bookrunners, the Banks Issuing Lenders and the proposed Banks Lenders to treat such Borrower Materials as not containing any material non-public information with respect to the Company Borrowers or its their respective securities for purposes of United States Federal and state securities lawslaws (provided, it being understood however, that certain of to the extent such Borrower Materials may constitute Information, they shall be subject to the confidentiality requirements of treated as set forth in Section 14.1411.17); (y) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated “Public InvestorSide Information;” and (z) the Lead Administrative Agent, the Arrangers and Bank of America the Bookrunners shall be entitled to treat any Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on, and shall only post such Borrower Materials on, the on a portion of the Platform not designated “Public InvestorSide Information.” Notwithstanding the foregoing, the Company shall be under no obligation to xxxx any Borrower Materials “PUBLIC”.

Other Information. From Subject to any applicable restrictions on disclosure, such other information respecting the business or Properties, or the condition or operations, financial or otherwise, of the Credit Parties (including, without limitation, any Plan or Multiemployer Plan and any reports or other information required to be filed under ERISA), as any Lender through the Agent may from time to time such other reasonably request. The Agent agrees to provide the Lenders with copies of any material notices and information concerning the Company and its Subsidiaries (including financial and management reports submitted delivered solely to the Company by independent auditors in connection with each annual or interim audit made by such auditors Agent pursuant to the terms of the books of the Company) as the Administrative Agent or any Bank through the Administrative Agent may reasonably requestthis Agreement. Documents required to be delivered pursuant to Section 10.1.15.06(a), 10.1.2 (b) or 10.1.4 (k) (to the extent any such documents are included in materials otherwise filed with the SEC) may be delivered electronically and, and if so delivered, shall be deemed to have been delivered on the date (i) on which the Company Bxxxxxx Exploration posts such documents, or provides a link thereto on the CompanyBxxxxxx Exploration’s website on the Internet at the website address listed on Schedule 14.3Internet; or (ii) on which such documents are posted on the CompanyBxxxxxx Exploration’s behalf on an Internet or intranet websitewebsite (such as “Exxxx”), if any, to which each Bank Lender and the Administrative Agent have access (whether a commercial, commercial third-party website or whether sponsored by the Administrative Agent); provided that: (A) the Borrower shall deliver paper copies of such documents to the Agent or any Lender that requests the Company Borrower to deliver such paper copies until a written request to cease delivering paper copies is given by the Agent or such Lender and (B) the Borrower shall notify the Agent and each Lender (which may be by facsimile telecopier or electronic mail) the Administrative Agent (which shall notify each Bank) of the posting of any such document and, promptly upon request by the Administrative Agent, documents and provide to the Administrative Agent by electronic mail an electronic version versions (i.e., a soft copycopies) of any such document specifically requested documents. Notwithstanding anything contained herein, in every instance the Borrower shall be required to provide paper copies of the Compliance Certificates required by Section 5.06(c) to the Administrative Agent. The Administrative Except for such Compliance Certificates, the Agent shall have no obligation to request the delivery or to maintain copies of the documents referred to above, and in any event shall have no responsibility to monitor compliance by the Company Borrower with any such request for delivery, and each Bank Lender shall be solely responsible for requesting delivery to it or maintaining its copies of such documents. The Company hereby acknowledges that (a) the Lead Arrangers and/or Bank of America will make available to the Banks materials and/or information provided by or on behalf of the Company hereunder (collectively, “Borrower Materials”) to Banks and potential Banks by posting the Borrower Materials on IntraLinks or another similar electronic system (the “Platform”) and (b) certain of the Banks or potential Banks may be “public-side” Banks (i.e., Banks that do not wish to receive material non-public information with respect to the Company or its securities) (each, a “Public Bank”). The Company hereby agrees that it will use commercially reasonable efforts to identify that portion of the Borrower Materials that may be distributed to the Public Banks and that (w) all Borrower Materials that are made available to Public Banks shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (x) by marking Borrower Materials “PUBLIC,” the Company shall be deemed to have authorized the Lead Arrangers, Bank of America, the Banks and the proposed Banks to treat such Borrower Materials as not containing any material non-public information with respect to the Company or its securities for purposes of United States Federal and state securities laws, it being understood that certain of such Borrower Materials may be subject to the confidentiality requirements of Section 14.14; (y) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated “Public Investor;” and (z) the Lead Arrangers and Bank of America shall treat any Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on, and shall only post such Borrower Materials on, the portion of the Platform not designated “Public Investor.” Notwithstanding the foregoing, the Company shall be under no obligation to xxxx any Borrower Materials “PUBLIC”.

Other Information. From time to time such Such other certificates, reports and information concerning the Company and its Subsidiaries (including financial and management reports submitted to the Company by independent auditors in connection with each annual or interim audit made by such auditors of the books of the Companyotherwise) as the Administrative Agent may reasonably request from time to time regarding the financial condition or business of the Parent Borrower and its Restricted Subsidiaries; provided, however, that none of the Parent Borrower nor any Restricted Subsidiary shall be required to disclose or provide any information (a) that constitutes non-financial Trade Secrets or non-financial proprietary information of the Parent Borrower or any Bank through of its subsidiaries or any of their respective customers and/or suppliers, (b) in respect of which disclosure to the Administrative Agent may reasonably requestor any Lender (or any of their respective representatives) is prohibited by any applicable Requirement of Law, (c) that is subject to attorney-client or similar privilege or constitutes attorney work product or (d) in respect of which the Parent Borrower or any Restricted Subsidiary owes confidentiality obligations to any third party (provided such confidentiality obligations were not entered into in contemplation of the requirements of this Section 5.01(j)). Documents required to be delivered pursuant to this Section 10.1.1, 10.1.2 or 10.1.4 (to the extent any such documents are included in materials otherwise filed with the SEC) 5.01 may be delivered electronically and, and if so delivered, shall be deemed to have been delivered on the date (i) on which the Company Parent Borrower (or a representative thereof) posts such documents, documents (or provides a link thereto on the Company’s website on the Internet thereto) at the website address listed on Schedule 14.39.01; provided that the Parent Borrower shall promptly notify (which notice may be by facsimile or electronic mail) the Administrative Agent of the posting of any such documents at the website address listed on Schedule 9.01 and provide to the Administrative Agent by electronic mail electronic versions (i.e., soft copies) of such documents, (ii) on which such documents are posted delivered by the Parent Borrower to the Administrative Agent for posting on behalf of the Company’s behalf Parent Borrower on an Internet IntraLinks, SyndTrak or intranet another relevant secure website, if any, to which each Bank Lender and the Administrative Agent have access (whether a commercial, third-party website or whether sponsored by the Administrative Agent); provided that the Company shall notify , (iii) on which may be by facsimile or electronic mail) such documents are faxed to the Administrative Agent (which shall notify each Bank) of the posting of any such document and, promptly upon request or electronically mailed to an address provided by the Administrative Agent, provide ) or (iv) with respect to the Administrative Agent any item required to be delivered pursuant to Section 5.01(j) in respect of information filed by electronic mail an electronic version (i.e., a soft copy) of any such document specifically requested by the Administrative Agent. The Administrative Agent shall have no obligation to request the delivery Holdings or to maintain copies of the documents referred to above, and in any event shall have no responsibility to monitor compliance by the its applicable Parent Company with any securities exchange or with the SEC or any analogous Governmental Authority or private regulatory authority with jurisdiction over matters relating to securities (other than Form 10-Q Reports and Form 10-K reports), on which such request for deliveryitems have been made available on the SEC website or the website of the relevant analogous governmental or private regulatory authority or securities exchange. Notwithstanding the foregoing, and each Bank shall be solely responsible for requesting delivery to it or maintaining its copies of such documents. The Company hereby acknowledges that the obligations in paragraphs (a) the Lead Arrangers and/or Bank of America will make available to the Banks materials and/or information provided by or on behalf of the Company hereunder (collectively, “Borrower Materials”) to Banks and potential Banks by posting the Borrower Materials on IntraLinks or another similar electronic system (the “Platform”) and (b) certain of the Banks or potential Banks this Section 5.01 may be “public-side” Banks (i.e., Banks that do not wish to receive material non-public information satisfied with respect to the Company or its securities) (each, a “Public Bank”). The Company hereby agrees that it will use commercially reasonable efforts to identify that portion any financial statements of the Parent Borrower Materials that may be distributed to by furnishing (A) the Public Banks and that applicable financial statements of Holdings (wor any other Parent Company) all Borrower Materials that are made available to Public Banks shall be clearly and conspicuously marked “PUBLIC” whichor (B) Holdings’ (or any other Parent Company’s), at a minimumas applicable, shall mean that Form 10-K or 10-Q, as applicable, filed with the word “PUBLIC” shall appear prominently on SEC, in each case, within the first page thereoftime periods specified in such paragraphs; (x) by marking Borrower Materials “PUBLIC,” the Company shall be deemed to have authorized the Lead Arrangersprovided that, Bank of America, the Banks and the proposed Banks to treat such Borrower Materials as not containing any material non-public information with respect to the Company or its securities for purposes each of United States Federal clauses (A) and state securities laws(B), it being understood that certain of such Borrower Materials may be subject (i) to the confidentiality requirements extent such financial statements relate to any Parent Company, such financial statements shall be accompanied by unaudited consolidating information that summarizes in reasonable detail the differences between the information relating to such Parent Company, on the one hand, and the information relating to the Parent Borrower on a standalone basis, on the other hand, which consolidating information shall be certified by a Responsible Officer of Section 14.14; the Parent Borrower as having been fairly presented in all material respects and (yii) all Borrower Materials marked “PUBLIC” to the extent such statements are permitted in lieu of statements required to be made available through provided under Section 5.01(b), such financial statements of Holdings (or the other relevant Parent Company) shall be accompanied by a portion report and opinion of the Platform designated an independent registered public accounting firm of nationally recognized standing (which report shall be unqualified as to “Public Investor;going concern” and scope of audit (z) except for any such qualification pertaining to the Lead Arrangers and Bank maturity of America shall treat any Borrower Materials that are not marked “PUBLIC” as being suitable only for posting onIndebtedness occurring within the four fiscal quarter period following the relevant audit opinion or any potential inability to satisfy any financial covenant on a future date or in a future period), and shall only post state that such Borrower Materials onconsolidated financial statements fairly present, in all material respects, the portion consolidated financial position of such Parent Company as at the Platform not designated “Public Investordates indicated and its income and cash flows for the periods indicated in conformity with GAAP).” Notwithstanding the foregoing, the Company shall be under no obligation to xxxx any Borrower Materials “PUBLIC”.

Other Information. From time to time With reasonable promptness upon any such request, such other information concerning regarding the Company and its Subsidiaries (including business, properties or financial and management reports submitted to the Company by independent auditors in connection with each annual or interim audit made by such auditors condition of the books of the Company) any Consolidated Party as the Administrative Agent or any Bank through the Administrative Agent may reasonably request. Documents required to be delivered pursuant to Section 10.1.1, 10.1.2 7.1(a) or 10.1.4 (b) or Section 7.1(g) (to the extent any such documents are included in materials otherwise filed with the SEC) may be delivered electronically and, and if so delivered, shall be deemed to have been delivered on the date (i) on which the Company Borrower posts such documents, or provides a link thereto on the CompanyBorrower’s website on the Internet at the website address listed on Schedule 14.3Internet; or (ii) on which such documents are posted on the CompanyBorrower’s behalf on an Internet or intranet website, if any, to which each Bank Lender and the Administrative Agent have access (whether a commercial, third-party website or whether sponsored by the Administrative Agent); provided that . Notwithstanding anything contained herein, in every instance the Company Borrower shall notify (which may be by facsimile or electronic mail) the Administrative Agent (which shall notify each Bank) required to provide paper copies of the posting of any such document and, promptly upon request Officer’s Certificates required by the Administrative Agent, provide Section 7.1(c) to the Administrative Agent by electronic mail an electronic version (i.e., a soft copy) of any such document specifically requested by the Administrative Agent. The Except for such Officer’s Certificates, the Administrative Agent shall have no obligation to request the delivery or to maintain copies of the documents referred to above, and in any event shall have no responsibility to monitor compliance by the Company Borrower with any such request for delivery, and each Bank Lender shall be solely responsible for requesting delivery to it or maintaining its copies of such documents. The Company Borrower hereby acknowledges that (a) the Lead Administrative Agent, the Syndication Agent and/or the Arrangers and/or Bank of America will make available to the Banks Lenders and the Issuing Lender materials and/or information provided by or on behalf of the Company Borrower hereunder (collectively, “Borrower Materials”) to Banks and potential Banks by posting the Borrower Materials on IntraLinks or another similar electronic system (the “Platform”) and (b) certain of the Banks or potential Banks Lenders may be “public-side” Banks Lenders (i.e., Banks Lenders that do not wish to receive material non-public information with respect to the Company Borrower or its securities) (each, a “Public BankLender”). The Company Borrower hereby agrees that it will use commercially reasonable efforts to identify that portion of the Borrower Materials that may be distributed to the Public Banks and that (wx) all Borrower Materials that are to be made available to Public Banks Lenders shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (x) by marking Borrower Materials “PUBLIC,” the Company shall be deemed to have authorized the Lead Arrangers, Bank of America, the Banks and the proposed Banks to treat such Borrower Materials as not containing any material non-public information with respect to the Company or its securities for purposes of United States Federal and state securities laws, it being understood that certain of such Borrower Materials may be subject to the confidentiality requirements of Section 14.14; (y) all Borrower Materials marked “PUBLIC” are permitted the Administrative Agent, the Syndication Agent and the Arrangers shall be entitled to be made available through a portion of the Platform designated “Public Investor;” and (z) the Lead Arrangers and Bank of America shall treat any Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on, and shall only post such Borrower Materials on, the on a portion of the Platform not designated “Public Investor.” Notwithstanding the foregoing, the Company Borrower shall not be under no any obligation to xxxx mark any Borrower Materials “PUBLIC.”.

Other Information. From time to time With reasonable promptness upon any such request, such other information concerning regarding the Company and its Subsidiaries (including business, properties or financial and management reports submitted to the Company by independent auditors in connection with each annual or interim audit made by such auditors condition of the books of the Company) any Consolidated Party as the Administrative Agent or any Bank through the Administrative Agent Required Lenders may reasonably request. Documents required to be delivered pursuant to Section 10.1.17.1(a), 10.1.2 (b) or 10.1.4 (f) (to the extent any such documents are included in materials otherwise filed with the SECSecurities and Exchange Commission) may be delivered electronically and, and if so delivered, shall be deemed to have been delivered on the date (i) on which the Company Borrower posts such documents, or provides a link thereto on the CompanyBorrower’s website on the Internet at the website address listed on Schedule 14.311.1; or (ii) on which such documents are posted on the CompanyBorrower’s behalf on an Internet or intranet website, if any, to which each Bank Lender and the Administrative Agent have access (whether a commercial, third-party website or whether sponsored by the Administrative Agent); provided that that: (i) the Company Borrower shall deliver paper copies of such documents to the Administrative Agent or any Lender upon its request to the Borrower to deliver such paper copies until a written request to cease delivering paper copies is given by the Administrative Agent or such Lender and (ii) the Borrower shall notify the Administrative Agent and each Lender (which may be by facsimile or electronic mail) the Administrative Agent (which shall notify each Bank) of the posting of any such document and, promptly upon request by the Administrative Agent, documents and provide to the Administrative Agent by electronic mail an electronic version versions (i.e., a soft copycopies) of any such document specifically requested by the Administrative Agentdocuments. The Administrative Agent shall have no obligation to request the delivery of or to maintain paper copies of the documents referred to above, and in any event shall have no responsibility to monitor compliance by the Company Borrower with any such request by a Lender for delivery, and each Bank Lender shall be solely responsible for requesting delivery to it or maintaining its copies of such documents. The Company Borrower hereby acknowledges that (a) the Lead Arrangers Administrative Agent and/or Bank of America the Arranger will make available to the Banks Lenders and the Issuing Lender materials and/or information provided by or on behalf of the Company Borrower hereunder (collectively, “Borrower Materials”) to Banks and potential Banks by posting the Borrower Materials on IntraLinks or another similar electronic system (the “Platform”) and (b) certain of the Banks or potential Banks Lenders (each, a “Public Lender”) may be “public-side” Banks (i.e., Banks that have personnel who do not wish to receive material non-public information with respect to the Company Borrower or its Affiliates, or the respective securities of any of the foregoing, and who may be engaged in investment and other market-related activities with respect to such Persons’ securities) (each, a “Public Bank”). The Company Borrower hereby agrees that it will use commercially reasonable efforts to identify that portion of the Borrower Materials that may be distributed to the Public Banks and that (w) all Borrower Materials that are to be made available to Public Banks Lenders shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (x) by marking Borrower Materials “PUBLIC,” the Company Borrower shall be deemed to have authorized the Lead Arrangers, Bank of AmericaAdministrative Agent, the Banks Arranger, the Issuing Lender and the proposed Banks Lenders to treat such Borrower Materials as not containing any material non-public information with respect to the Company Borrower or its securities for purposes of United States Federal and state securities lawslaws (provided, it being understood however, that certain of to the extent such Borrower Materials may constitute Information, they shall be subject to the confidentiality requirements of treated as set forth in Section 14.1411.14); (y) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated “Public InvestorSide Information;” and (z) the Lead Arrangers Administrative Agent and Bank of America the Arranger shall be entitled to treat any Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on, and shall only post such Borrower Materials on, the on a portion of the Platform not designated “Public InvestorSide Information.” Notwithstanding the foregoing, the Company shall be under no obligation to xxxx any Borrower Materials “PUBLIC”.

Other Information. From time The Borrower will furnish to time the Administrative Agent for distribution to Lenders, promptly such other information concerning or documents (financial or otherwise) with respect to the Company and business, financial or corporate affairs of the Borrower or any of its Subsidiaries (including financial and management reports submitted to the Company by independent auditors in connection with each annual or interim audit made by such auditors of the books of the Company) as the Administrative any Agent or any Bank Lender (through the Administrative Agent Agent) may reasonably requestrequest from time to time. Documents required to be delivered pursuant to Section 10.1.1, 10.1.2 9.01(b) or 10.1.4 (h) (to the extent any such documents are included in materials otherwise filed with the SEC) may be delivered electronically and, and if so delivered, shall be deemed to have been delivered on the date (i) on which the Company Borrower posts such documents, or provides a link thereto on the CompanyBorrower’s website on the Internet at the website address listed on Schedule 14.3Internet; or (ii) on which such documents are posted on the CompanyBorrower’s behalf on an Internet or intranet website, if any, to which each Bank Lender and the Administrative Agent have access (whether a commercial, third-party website or whether sponsored by the Administrative Agent); provided that: (i) the Borrower shall deliver paper copies of such documents to the Administrative Agent or any Lender that requests the Company Borrower to deliver such paper copies until a written request to cease delivering paper copies is given by the Administrative Agent or such Lender and (ii) the Borrower shall notify (which may be by facsimile or electronic mail) the Administrative Agent (which shall notify and each Bank) Lender of the posting of any such document and, promptly upon request by the Administrative Agent, documents and provide to the Administrative Agent by electronic mail an electronic version versions (i.e., a soft copycopies) of any such document specifically requested by the Administrative Agent. The Administrative Agent shall have no obligation to request the delivery or to maintain copies of the documents referred to above, and in any event shall have no responsibility to monitor compliance by the Company with any such request for delivery, and each Bank shall be solely responsible for requesting delivery to it or maintaining its copies of such documents. The Company Borrower hereby acknowledges that (a) the Lead Arrangers and/or Bank of America Administrative Agent will make available to the Banks Lenders materials and/or information provided by or on behalf of the Company Borrower hereunder (collectively, “Borrower Materials”) to Banks and potential Banks by posting the Borrower Materials on IntraLinks or another similar electronic system (the “Platform”) and (b) certain of the Banks or potential Banks Lenders (each, a “Public Lender”) may be “public-side” Banks (i.e., Banks that have personnel who do not wish to receive material non-public information with respect to the Company Borrower or any of its securities) (eachAffiliates, a “Public Bank”). The Company hereby agrees that it will use commercially reasonable efforts to identify that portion or the respective securities of any of the Borrower Materials that foregoing, and who may be distributed engaged in investment and other market-related activities with respect to such Persons’ securities. So long as the Public Banks and that (w) all Borrower Materials that are made available to Public Banks shall be has not clearly and conspicuously marked “PUBLIC” (which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (x) by ), all such Borrower Materials shall be deemed to be non-public information with respect to the Borrower or any of its Affiliates. By marking Borrower Materials “PUBLIC,” (i) the Company Borrower shall be deemed to have authorized the Lead Arrangers, Bank of America, the Banks Administrative Agent and the proposed Banks Lenders to treat such Borrower Materials as not containing any material non-public information (although it may be sensitive and proprietary) with respect to the Company such Credit Party or its securities for purposes of United States Federal and state securities laws, it being understood that certain of such Borrower Materials may be subject to the confidentiality requirements of Section 14.14; (yii) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated “Public Investor;Side Information” and (ziii) the Lead Arrangers and Bank of America Administrative Agent shall be entitled to treat any the Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on, and shall only post such Borrower Materials on, the on a portion of the Platform not designated “Public InvestorSide Information.” Notwithstanding the foregoing, the Company shall be under no obligation to xxxx any Borrower Materials “PUBLIC”.

Other Information. From time (i) Promptly upon becoming available, copies of (A) all financial statements, material reports, material notices and proxy statements sent or made available generally by any Loan Party to time its security holders acting in such capacity or by any Included Subsidiary of a Loan Party to its security holders other than a Loan Party or another Subsidiary and (B) all regular and periodic reports and all registration statements and prospectuses, if any, filed by any Loan Party or any of its Included Subsidiaries with the Securities and Exchange Commission or any governmental or private regulatory authority, in each case to the extent not duplicative of information concerning already provided to the Company Agents or the Lenders, (ii) promptly after submission to any Governmental Authority, all documents and its Subsidiaries information furnished to such Governmental Authority in connection with any investigation of any Loan Party (including other than any investigation which could not reasonably be expected to result in a Material Adverse Effect or Event of Default), provided, that the disclosure of such information is legally permissible, and provided, further, that to the extent such information has not been otherwise publicly disclosed by the Borrower, such disclosure shall not be made available to the Public Lenders, (iii) promptly upon receipt thereof, copies of all financial and reports (including, without limitation, management reports letters) submitted to the Company any Loan Party by independent its auditors in connection with each any annual or interim audit made by such auditors of the books thereof and (iv) such other information and data with respect to Borrower or any of its Included Subsidiaries as from time to time may be reasonably requested by the Required Lenders. Information provided upon request of the Company) as Required Lenders shall also be delivered to the Administrative Agent or any Bank through the Administrative Agent may reasonably requestfor posting to all Lenders. Documents required to be delivered pursuant to Section 10.1.1, 10.1.2 or 10.1.4 (to the extent any such documents are included in materials otherwise filed with the SEC) 5.1 may be delivered electronically and, and if so delivered, shall be deemed to have been delivered on the earlier of the date (iA) on which the Company any Loan Party posts such documents, or provides a link thereto thereto, on the Companysuch Loan Party’s or one of its Affiliates’ website on the Internet at the website address listed on Schedule 14.3; or (iiB) on which such documents are posted on the Companysuch Loan Party’s behalf on an Internet IntraLinks/IntraAgency or intranet another website, if any, to which each Bank Lender and the Administrative Agent have access (whether a commercial, third-party website or whether sponsored by the Administrative Agent); provided that the Company Borrower shall notify the Administrative Agent (which may be by facsimile telecopier or electronic mail) the Administrative Agent (which shall notify each Bank) of the posting filing of any such document and, promptly upon request by documents with the Administrative Agent, Securities and Exchange Commission on XXXXX and provide to the Administrative Agent by electronic mail an electronic version versions (i.e., a soft copycopies) of any such document specifically requested by the Administrative Agent. The Administrative Agent shall have no obligation to request the delivery or to maintain copies of the documents referred to above, and in any event shall have no responsibility to monitor compliance by the Company with any such request for delivery, and each Bank shall be solely responsible for requesting delivery to it or maintaining its copies of such documents. The Company Each Loan Party hereby acknowledges that (a) the Lead Arrangers and/or Bank of America will Administrative Agent shall make available to the Banks Lenders materials and/or information provided by or on behalf of the Company Loan Parties hereunder (collectively, “Borrower Materials”) to Banks and potential Banks by posting the Borrower Materials on IntraLinks IntraLinks, DebtDomain, SyndTrak, ClearPar or another similar electronic system chosen by the Administrative Agent and the Required Lenders to be the electronic transmission system or another similar electronic system (the “Platform”) and (b) certain of the Banks Lenders (each, a “Public Lender”) may not, or potential Banks may be “public-side” Banks (i.e.have personnel who do not, Banks that do not wish to receive information regarding any material non-public information with respect to the Company Loan Parties or its securities) their Affiliates, or the respective securities of any of the foregoing (eachcollectively, a “Public BankMNPI”), and who may be engaged in investment and other market-related activities with respect to such Persons’ securities. The Company Loan Parties hereby agrees agree that it they will use commercially reasonable efforts to identify that portion of the Borrower Materials that may be distributed to the Public Banks Lenders and that (wi) all such Borrower Materials that are made available to Public Banks shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; , (xii) by marking Borrower Materials “PUBLIC,” the Company Loan Parties shall be deemed to have authorized the Lead Arrangers, Bank of America, the Banks Administrative Agent and the proposed Banks Lenders to treat such Borrower Materials as only containing either publicly available information, or information concerning the Borrower, its Subsidiaries and Affiliates, or its or their respective securities that (in the good faith judgment of the Borrower) is not containing any material non-public information (although it may be sensitive and proprietary) with respect to the Company Borrower or any of its Subsidiaries or Affiliates or its or their respective securities for purposes of United States Federal federal and state securities laws, it being understood that certain of such Borrower Materials may be subject to the confidentiality requirements of Section 14.14; (yiii) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated “Public Investor;Side Information” and (ziv) the Lead Arrangers Administrative Agent and Bank of America the Lenders shall be entitled to treat any Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on, and shall only post such Borrower Materials on, the on a portion of the Platform not designated “Public InvestorSide Information.” Notwithstanding Although the foregoingPlatform and its primary web portal are secured with generally-applicable security procedures and policies implemented or modified by the Administrative Agent with the approval of the Required Lenders from time to time (including, as of the Company shall Closing Date, a user ID/password authorization system) and the Platform is secured through a per-deal authorization method whereby each user may access the Platform only on a deal-by-deal basis, each of the Lenders and the Loan Parties acknowledges and agrees that the distribution of material through an electronic medium is not necessarily secure, that the Administrative Agent is not responsible for approving or vetting the representatives or contacts of any Lender that are added to the Platform, and that there may be under no obligation to xxxx any Borrower Materials confidentiality and other risks associated with such distribution. Each of the Lenders and the Loan Parties hereby approves distribution of the Communications through the Platform and understands and assumes the risks of such distribution. THE PLATFORM AND THE COMMUNICATIONS ARE PROVIDED “PUBLICAS IS” AND “AS AVAILABLE”.. THE APPLICABLE PARTIES (AS DEFINED BELOW) DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE COMMUNICATIONS, OR THE ADEQUACY OF THE PLATFORM AND EXPRESSLY DISCLAIM LIABILITY FOR

Other Information. From time to time such other information concerning the Company and its Subsidiaries (including financial and management reports submitted to the Company by independent auditors in connection with each annual Borrower or interim audit made by such auditors of the books of the Company) any Subsidiary as the Administrative Agent or any Bank through the Administrative Agent Lender may reasonably request. Documents required to be delivered pursuant to Section 10.1.15.1(a), 10.1.2 (b) or 10.1.4 (g) (to the extent any such documents are included in materials otherwise filed with the SEC) may be delivered electronically and, and if so delivered, shall be deemed to have been delivered on the date (i) on which the Company Borrower posts such documents, or provides a link thereto on the CompanyBorrower’s website on the Internet at the website address listed on Schedule 14.310.2; or (ii) on which such documents are posted on the CompanyBorrower’s behalf on an Internet or intranet website, if any, to which each Bank Lender and the Administrative Agent have access (whether a commercial, third-party website or whether sponsored by the Administrative Agent); provided that that: (A) the Company Borrower shall deliver paper copies of such documents to the Administrative Agent or any Lender upon its request to the Borrower to deliver such paper copies until a written request to cease delivering paper copies is given by the Administrative Agent or such Lender and (B) the Borrower shall notify the Administrative Agent and each Lender (which may be by facsimile or electronic mail) the Administrative Agent (which shall notify each Bank) of the posting of any such document and, promptly upon request by the Administrative Agent, documents and provide to the Administrative Agent by electronic mail an electronic version versions (i.e., a soft copycopies) of any such document specifically requested by the Administrative Agentdocuments. The Administrative Agent shall have no obligation to request the delivery of or to maintain paper copies of the documents referred to above, and in any event shall have no responsibility to monitor compliance by the Company Borrower with any such request by a Lender for delivery, and each Bank Lender shall be solely responsible for requesting delivery to it or maintaining its copies of such documents. The Company Borrower hereby acknowledges that (a) the Lead Administrative Agent and/or the Arrangers and/or Bank of America will make available to the Banks Lenders materials and/or information provided by or on behalf of the Company Borrower hereunder (collectively, “Borrower Materials”) to Banks and potential Banks by posting the Borrower Materials on IntraLinks or another similar electronic system (the “Platform”) and (b) certain of the Banks or potential Banks Lenders (each, a “Public Lender”) may be “public-side” Banks (i.e., Banks that have personnel who do not wish to receive material non-public information with respect to the Company or its securities) (each, a “Public Bank”). The Company hereby agrees that it will use commercially reasonable efforts to identify that portion any of the Borrower Materials that or its Affiliates, or the respective securities of any of the foregoing, and who may be distributed engaged in investment and other market-related activities with respect to the Public Banks and such Persons’ securities. The Borrower hereby agrees that (w) all Borrower Materials that are to be made available to Public Banks Lenders shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (x) by marking Borrower Materials “PUBLIC,” the Company Borrower shall be deemed to have authorized the Lead Arrangers, Bank of AmericaAdministrative Agent, the Banks Arrangers and the proposed Banks Lenders to treat such the Borrower Materials as not containing any material non-public information with respect to the Company Borrower or its Affiliates or their respective securities for purposes of United States Federal and state securities lawsLaws (provided, it being understood however, that certain of such to the extent the Borrower Materials may constitute Information, they shall be subject to the confidentiality requirements of treated as set forth in Section 14.1410.7); (y) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated “Public InvestorSide Information;” and (z) the Lead Administrative Agent and the Arrangers and Bank of America shall be entitled to treat any the Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on, and shall only post such Borrower Materials on, the on a portion of the Platform not designated “Public InvestorSide Information.” Notwithstanding the foregoing, the Company shall be under no obligation to xxxx any Borrower Materials “PUBLIC”.

Other Information. From Such other data and information as from time to time such other information concerning the Company and its Subsidiaries (including financial and management reports submitted to the Company may be reasonably requested by independent auditors in connection with each annual or interim audit made by such auditors of the books of the Company) as the Administrative Agent or any Bank Lender (through the Administrative Agent may reasonably requestAgent) or by the Required Lenders. Documents required to be delivered pursuant to Section 10.1.17.01(a), 10.1.2 Section 7.01(b) or 10.1.4 Section 7.01(d) (to the extent any such documents are included in materials otherwise filed with the SEC) may be delivered electronically and, and if so delivered, shall be deemed to have been delivered on the date (i) on which the Company Borrower posts such documents, or provides a link thereto on the CompanyBorrower’s website on the Internet at the website address listed on Schedule 14.311.02; or (ii) on which such documents are posted on the CompanyBorrower’s behalf on an Internet or intranet website, if any, to which each Bank Lender and the Administrative Agent have access (whether a commercial, third-party website or whether sponsored by the Administrative Agent); provided that the Company Borrower shall notify the Administrative Agent (which may be by facsimile or electronic mail) the Administrative Agent (which shall notify each Bank) of the posting of any such document and, promptly upon request by the Administrative Agent, documents and provide to the Administrative Agent by electronic mail an electronic version versions (i.e., a soft copycopies) of any such document specifically requested by documents. Except for Compliance Certificates, the Administrative Agent. The Administrative Agent shall have no obligation to request the delivery or to maintain copies of the documents referred to above, and in any event shall have no responsibility to monitor compliance by the Company Borrower with any such request for delivery, and each Bank Lender shall be solely responsible for requesting delivery to it or maintaining its copies of such documents. The Company Borrower hereby acknowledges that (a) the Lead Administrative Agent and/or the Arrangers and/or Bank of America will make available to the Banks Lenders and the L/C Issuers materials and/or information provided by or on behalf of the Company Borrower hereunder (collectively, “Borrower Materials”) to Banks and potential Banks by posting the Borrower Materials on IntraLinks or another similar electronic system (the “Platform”) and (b) certain of the Banks or potential Banks Lenders (each, a “Public Lender”) may be “public-side” Banks (i.e., Banks that have personnel who do not wish to receive material non-public information with respect to the Company Borrower or its Affiliates, or the respective securities of any of the foregoing, and who may be engaged in investment and other market-related activities with respect to such Persons’ securities) (each, a “Public Bank”). The Company Borrower hereby agrees that so long as the Borrower is the issuer of any outstanding debt or equity securities that are registered or issued pursuant to a private offering or is actively contemplating issuing any such securities it will use commercially reasonable efforts to identify that portion of the Borrower Materials that may be distributed to the Public Banks Lenders and that (w) all such Borrower Materials that are made available to Public Banks shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (x) only by marking Borrower Materials “PUBLIC,” (or by expressly authorizing their posting as such in writing), will the Company shall Borrower be deemed to have authorized the Lead Administrative Agent, the Arrangers, Bank of America, the Banks L/C Issuers and the proposed Banks Lenders to treat such Borrower Materials as not containing any material non-public information (although it may be sensitive and proprietary) with respect to the Company Borrower or its securities for purposes of United States Federal and state securities lawslaws (provided, it being understood that certain of to the extent such Borrower Materials may constitute Information, they shall be subject to the confidentiality requirements of treated as set forth in Section 14.1411.07); (y) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated “Public Investor;” Side Information”; and (z) the Lead Administrative Agent and the Arrangers and Bank of America shall treat any Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on, and shall only post such Borrower Materials on, the on a portion of the Platform not designated “Public InvestorSide Information.” Notwithstanding anything to the foregoingcontrary in this Section 7.01, (a) neither the Company Borrower nor its Subsidiaries will be required to make any disclosure to any Creditor Party that (i) is prohibited by law or any bona fide confidentiality agreement in favor of a Person (other than the Borrower or any of its Subsidiaries or Affiliates) (the prohibition contained in which was not entered into in contemplation of this provision), or (ii) is subject to attorney-client or similar privilege or constitutes attorney work product or (iii) in the case of Section 7.01(n) only, creates an unreasonably excessive expense or burden on the Borrower or any of its Subsidiaries to produce or otherwise disclose; and (b)(i) in the event that the Borrower delivers to the Administrative Agent an Annual Report for the Borrower on Form 10-K for any fiscal year, as filed with the SEC, within 90 days after the end of such fiscal year, such Form 10-K shall be under no obligation satisfy all requirements of paragraph (a) of this Section 7.01 with respect to xxxx such fiscal year and (ii) in the event that the Borrower delivers to the Administrative Agent a Quarterly Report for the Borrower on Form 10-Q for any Borrower Materials “PUBLIC”fiscal quarter, as filed with the SEC, within 45 days after the end of such fiscal quarter, such Form 10-Q shall satisfy all requirements of paragraph (b) of this Section 7.01 with respect to such fiscal quarter to the extent that it contains the information required by such paragraph (b); in each case to the extent that information contained in such Form 10-K or Form 10-Q satisfies the requirements of paragraphs (a) or (b) of this Section 7.01, as the case may be.

Other Information. From time to time time, such other information concerning or documents (financial or otherwise) with respect to the Company and Borrower or any of its Subsidiaries (including financial and management reports submitted to the Company by independent auditors in connection with each annual or interim audit made by such auditors of the books of the Company) as the Administrative Agent or any Bank Lender (through the Administrative Agent Agent) may reasonably request. Documents required to be delivered pursuant to Section 10.1.19.01(a), 10.1.2 (b) or 10.1.4 (g) (to the extent any such documents are included in materials otherwise filed with the SEC) may be delivered electronically and, and if so delivered, shall be deemed to have been delivered on the date (i) on which the Company Borrower posts such documents, or provides a link thereto on the CompanyBorrower’s website on the Internet at the website address listed on Schedule 14.3Internet; or (ii) on which such documents are posted on the CompanyBorrower’s behalf on an Internet or intranet website, if any, to which each Bank Lender and the Administrative Agent have access (whether a commercial, third-party website or whether sponsored by the Administrative Agent); provided that that: (i) the Company Borrower shall deliver paper copies of such documents to the Administrative Agent or any Lender upon its request to the Borrower to deliver such paper copies until a written request to cease delivering paper copies is given by the Administrative Agent or such Lender and (ii) the Borrower shall notify the Administrative Agent and each Lender (which may be by facsimile or electronic mail) the Administrative Agent (which shall notify each Bank) of the posting of any such document and, promptly upon request by the Administrative Agent, documents and provide to the Administrative Agent by electronic mail an electronic version versions (i.e., a soft copycopies) of any such document specifically requested by the Administrative Agentdocuments. The Administrative Agent shall have no obligation to request the delivery of or to maintain paper copies of the documents referred to above, and in any event shall have no responsibility to monitor compliance by the Company Borrower with any such request by a Lender for delivery, and each Bank Lender shall be solely responsible for requesting delivery to it or maintaining its copies of such documents. The Company Borrower hereby acknowledges that (a) the Administrative Agent and/or the Joint Lead Arrangers and/or Bank of America will make available to the Banks Lenders materials and/or information provided by or on behalf of the Company Borrower hereunder (collectively, “Borrower Materials”) to Banks and potential Banks by posting the Borrower Materials on IntraLinks or another similar electronic system (the “Platform”) and (b) certain of the Banks or potential Banks Lenders (each, a “Public Lender”) may be “public-side” Banks (i.e., Banks that have personnel who do not wish to receive material non-public information with respect to the Company Borrower or its Affiliates, or the respective securities of any of the foregoing, and who may be engaged in investment and other market-related activities with respect to such Persons’ securities) (each, a “Public Bank”). The Company Borrower hereby agrees that it will use commercially reasonable efforts to identify that portion of the Borrower Materials that may be distributed to the Public Banks Lenders and that (w) all such Borrower Materials that are made available to Public Banks shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (x) by marking Borrower Materials “PUBLIC,” the Company Borrower shall be deemed to have authorized the Lead Arrangers, Bank of AmericaAdministrative Agent, the Banks Joint Lead Arrangers and the proposed Banks Lenders to treat such Borrower Materials as not containing any material non-public information (although it may be sensitive and proprietary) with respect to the Company Borrower or its securities for purposes of United States Federal and state securities lawslaws (provided, it being understood however, that certain of to the extent such Borrower Materials may constitute Information, they shall be subject to the confidentiality requirements of treated as set forth in Section 14.1413.16); (y) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated “Public Investor;” Side Information”; and (z) the Administrative Agent and the Joint Lead Arrangers and Bank of America shall be entitled to treat any Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on, and shall only post such Borrower Materials on, the on a portion of the Platform not designated “Public InvestorSide Information.” Notwithstanding the foregoing, the Company shall be under no obligation to xxxx any Borrower Materials “PUBLIC”.

Other Information. From time (i) Promptly upon their becoming available, copies of all financial statements, reports, notices and proxy statements sent or made available generally by the Borrower to time its security holders acting in such other information concerning the Company and its Subsidiaries (including financial and management reports submitted to the Company capacity or by independent auditors in connection with each annual or interim audit made by such auditors any Subsidiary of the books Borrower to its security holders, if any, other than the Borrower or another Subsidiary of the Company) as Borrower, provided that no Credit Party shall be required to deliver to the Administrative Agent or any Bank through Lender the minutes of any meeting of its Board of Directors, and (ii) such other information and data with respect to the Borrower or any of its Subsidiaries as from time to time may be reasonably requested by the Administrative Agent may reasonably requestor the Required Lenders. Each notice pursuant to clauses (e) through (k) of this Section 6.1 shall be accompanied by a statement of an Authorized Officer of the Borrower setting forth details of the occurrence referred to therein and stating what action the Borrower has taken and proposes to take with respect thereto. Each notice pursuant to Section 6.1(f) shall describe with particularity any and all provisions of this Agreement and any other Credit Document that have been breached. Documents required to be delivered pursuant to Section 10.1.1, 10.1.2 6.1(a) or 10.1.4 (b) or Section 6.1(j) (to the extent any such documents are included in materials otherwise filed with the SEC) may be delivered electronically and, if so delivered, shall be deemed to have been delivered on the date (i) on which the Company Borrower posts such documents, or provides a link thereto on the CompanyBorrower’s website on the Internet at the website address listed on Schedule 14.3Appendix B; or (ii) on which such documents are posted on the CompanyBorrower’s behalf on an Internet or intranet website, if any, to which each Bank Lender and the Administrative Agent have access (whether a commercial, third-party website or whether sponsored by the Administrative Agent); provided that the Company Borrower shall notify the Administrative Agent and each Lender (which may be by facsimile telecopier or electronic mail) the Administrative Agent (which shall notify each Bank) of the posting of any such document documents and, promptly upon request by the Administrative Agentrequest, provide to the Administrative Agent by electronic mail an electronic version versions (i.e., a soft copycopies) of any such document specifically requested by the Administrative Agent. The Administrative Agent shall have no obligation to request the delivery or to maintain copies of the documents referred to above, and in any event shall have no responsibility to monitor compliance by the Company with any such request for delivery, and each Bank shall be solely responsible for requesting delivery to it or maintaining its copies of such documents. The Company hereby acknowledges that (a) the Lead Arrangers and/or Bank of America will make available to the Banks materials and/or information provided by or on behalf of the Company hereunder (collectively, “Borrower Materials”) to Banks and potential Banks by posting the Borrower Materials on IntraLinks or another similar electronic system (the “Platform”) and (b) certain of the Banks or potential Banks may be “public-side” Banks (i.e., Banks that do not wish to receive material non-public information with respect to the Company or its securities) (each, a “Public Bank”). The Company hereby agrees that it will use commercially reasonable efforts to identify that portion of the Borrower Materials that may be distributed to the Public Banks and that (w) all Borrower Materials that are made available to Public Banks shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (x) by marking Borrower Materials “PUBLIC,” the Company shall be deemed to have authorized the Lead Arrangers, Bank of America, the Banks and the proposed Banks to treat such Borrower Materials as not containing any material non-public information with respect to the Company or its securities for purposes of United States Federal and state securities laws, it being understood that certain of such Borrower Materials may be subject to the confidentiality requirements of Section 14.14; (y) all Borrower Materials marked “PUBLIC” are permitted Information required to be made available through a portion of delivered pursuant to this Section may also be delivered by electronic communications pursuant to procedures approved by the Platform designated “Public Investor;” and Administrative Agent (z) the Lead Arrangers and Bank of America shall treat any Borrower Materials that are such approval not marked “PUBLIC” as being suitable only for posting on, and shall only post such Borrower Materials on, the portion of the Platform not designated “Public Investorto be unreasonably withheld).” Notwithstanding the foregoing, the Company shall be under no obligation to xxxx any Borrower Materials “PUBLIC”.

Other Information. From time to time such other Such additional information concerning the Company and its Subsidiaries (including financial and management reports submitted to the Company as may be reasonably requested by independent auditors in connection with each annual or interim audit made by such auditors of the books of the Company) as the Administrative Agent or any Bank Lender through the Administrative Agent may reasonably requestfor purposes of compliance with applicable “know your customer” and anti-money laundering rules and regulations, including the USA PATRIOT Act and the Beneficial Ownership Regulation. Documents required to be delivered pursuant to Section 10.1.1, 10.1.2 6.01 or 10.1.4 (to the extent any such documents are included in materials otherwise filed with the SEC) Section 6.02 may be delivered electronically and, and if so delivered, shall be deemed to have been delivered on the date (i) on which the Company Parent posts such documents, or provides a link thereto thereto, on the CompanyParent’s website on the Internet at the website address addresses listed on Schedule 14.3; 10.02, or (ii) on which such documents are posted on the CompanyParent’s behalf on an Internet Xxxxxxx Datasite One, Intralinks/Intra Agency, Syndtrak or intranet another relevant website, if any, to which each Bank Lender and the Administrative Agent have access (whether a commercial, third-party website or whether sponsored by the Administrative Agent); provided that that: (A) upon written request by the Company Administrative Agent, the Borrower Representative shall deliver paper copies of such documents to the Administrative Agent for further distribution to each Lender until a written request to cease delivering paper copies is given by the Administrative Agent and (B) the Parent shall notify (which may be by facsimile or electronic mail) the Administrative Agent (which shall notify each Bank) of the posting of any such document and, promptly upon request by the Administrative Agent, documents and provide to the Administrative Agent by electronic mail an electronic version versions (i.e., a soft copycopies) of any such document specifically requested by the Administrative Agentdocuments. The Administrative Agent shall have no obligation to request the delivery or to maintain copies of the documents referred to above, and in any event shall have no responsibility to monitor compliance by the Company with any such request for delivery, and each Bank Each Lender shall be solely responsible for timely accessing posted documents or requesting delivery to it or of paper copies of such documents from the Administrative Agent and maintaining its copies of such documents. The Company Parent hereby acknowledges that (a) the Administrative Agent and/or the Lead Arrangers and/or Bank of America will make available to the Banks Lenders materials and/or information provided by or on behalf of the Company Parent hereunder (collectively, “Borrower Materials”) to Banks and potential Banks by posting the Borrower Materials on IntraLinks Xxxxxxx Datasite One, Intralinks/Intra Agency, Syndtrak or another similar electronic system (the “Platform”) and (b) certain of the Banks or potential Banks Lenders may be “public-side” Banks (i.e., Banks that have personnel who do not wish to receive material non-public any information with respect to the Company Parent or its Subsidiaries, or the respective securities of any of the foregoing, that is not Public-Side Information, and who may be engaged in investment and other market-related activities with respect to such Person’s securities) (each, a “Public Bank”). The Company Borrowers hereby agrees that it will use commercially reasonable efforts to identify that portion of the Borrower Materials that may be distributed to the Public Banks and that (wi) all Borrower Materials that are to be made available to Public Banks Lenders shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereofthereof (and by doing so shall be deemed to have represented that such information contains only Public-Side Information); (xii) by marking Borrower Materials “PUBLIC,” the Company Parent shall be deemed to have authorized the Lead Arrangers, Bank of AmericaAdministrative Agent, the Banks Lead Arrangers and the proposed Banks Lenders to treat such Borrower Materials as not containing any material nononly Public-public information with respect Side Information (provided however, that to the Company or its securities for purposes of United States Federal and state securities laws, it being understood that certain of extent such Borrower Materials may constitute Information, they shall be subject to the confidentiality requirements of treated as set forth in Section 14.1410.08); (yiii) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated “Public Investor;” Public-Side Information”; and (ziv) the Administrative Agent and/or the Lead Arrangers and Bank of America shall be entitled to treat any Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on, and shall only post such Borrower Materials on, the on a portion of the Platform not designated “Public InvestorPublic-Side Information.” Notwithstanding For the foregoingavoidance of doubt, the Company foregoing shall be under no obligation subject to xxxx any Borrower Materials “PUBLIC”the provisions of Section 10.08.

Other Information. From time to time such Such other certificates, reports and information concerning the Company and its Subsidiaries (including financial and management reports submitted to the Company by independent auditors in connection with each annual or interim audit made by such auditors of the books of the Companyotherwise) as the Administrative Agent may reasonably request from time to time in connection with the financial condition or business of Holdings and its Restricted Subsidiaries; provided, however, that none of Holdings, the Parent Borrower nor any Bank through Restricted Subsidiary shall be required to disclose or provide any information (i) that constitutes non-financial trade secrets or non-financial proprietary information of Holdings, the Parent Borrower and/or any of their respective subsidiaries, customers and/or suppliers, (ii) in respect of which disclosure to the Administrative Agent may reasonably requestor any Lender (or any of their respective representatives or contractors) is prohibited by applicable Requirements of Law, (iii) that is subject to attorney-client or similar privilege or constitutes attorney work product or (iv) in respect of which Holdings, the Parent Borrower or any Restricted Subsidiary owes confidentiality obligations to any third party; provided, further, that, with respect to this clause (iv), the Parent Borrower shall (A) make the Administrative Agent aware of such confidentiality obligations (to the extent permitted under the applicable confidentiality obligation) and (B) use commercially reasonable efforts to communicate the relevant information in a way that does not violate such confidentiality obligations. Documents required to be delivered pursuant to this Section 10.1.1, 10.1.2 or 10.1.4 (to the extent any such documents are included in materials otherwise filed with the SEC) 5.01 may be delivered electronically and, and if so delivered, shall be deemed to have been delivered on the date (i) on which the Company Parent Borrower (or a representative thereof) (x) posts such documents, documents or (y) provides a link thereto on the Company’s website of the Parent Borrower on the Internet at the website address listed on Schedule 14.39.01; provided that, other than with respect to items required to be delivered pursuant to Section 5.01(k), the Parent Borrower shall promptly notify (which may be by facsimile or electronic mail) the Administrative Agent in writing of the posting of any such documents on the website of the Parent Borrower (or its applicable subsidiary) and provide to the Administrative Agent by electronic mail electronic versions (i.e., soft copies) of such documents; (ii) on which such documents are posted delivered by the Parent Borrower to the Administrative Agent for posting on behalf of the Company’s behalf Parent Borrower on an Internet SyndTrak or intranet another relevant website, if any, to which each Bank Lender and the Administrative Agent have access (whether a commercial, third-party website or whether sponsored by the Administrative Agent); provided that the Company shall notify (iii) on which may be by facsimile executed certificates or electronic mail) other documents are faxed to the Administrative Agent (which shall notify each Bank) of the posting of any such document and, promptly upon request or electronically mailed to an address provided by the Administrative Agent, provide to the Administrative Agent by electronic mail an electronic version ); or (i.e., a soft copyiv) of any such document specifically requested by the Administrative Agent. The Administrative Agent shall have no obligation to request the delivery or to maintain copies in respect of the documents referred items required to above, and be delivered pursuant to Section 5.01(k) in respect of information filed by any event shall have no responsibility to monitor compliance by the applicable Parent Company with any such request for delivery, securities exchange or with the 125 SEC or any analogous governmental or private regulatory authority with jurisdiction over matters relating to securities (other than Form 10-Q reports and each Bank shall be solely responsible for requesting delivery to it or maintaining its copies of such documents. The Company hereby acknowledges that (a) the Lead Arrangers and/or Bank of America will make available to the Banks materials and/or information provided by or on behalf of the Company hereunder (collectively, “Borrower Materials”) to Banks and potential Banks by posting the Borrower Materials on IntraLinks or another similar electronic system (the “Platform”Form 10-K reports described in Sections 5.01(a) and (b) certain ), respectively), on which such items have been made available on the SEC website or the website of the Banks relevant analogous governmental or potential Banks may be “public-side” Banks (i.e., Banks that do not wish to receive material non-public information with respect to the Company private regulatory authority or its securities) (each, a “Public Bank”)securities exchange. The Company hereby agrees that it will use commercially reasonable efforts to identify that portion of the Borrower Materials that may be distributed to the Public Banks and that (w) all Borrower Materials that are made available to Public Banks shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (x) by marking Borrower Materials “PUBLIC,” the Company shall be deemed to have authorized the Lead Arrangers, Bank of America, the Banks and the proposed Banks to treat such Borrower Materials as not containing any material non-public information with respect to the Company or its securities for purposes of United States Federal and state securities laws, it being understood that certain of such Borrower Materials may be subject to the confidentiality requirements of Section 14.14; (y) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated “Public Investor;” and (z) the Lead Arrangers and Bank of America shall treat any Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on, and shall only post such Borrower Materials on, the portion of the Platform not designated “Public Investor.” Notwithstanding the foregoing, the obligations in paragraphs (a), and (b) of this Section 5.01 may be satisfied with respect to any financial statements of the Parent Borrower by furnishing (A) the applicable financial statements of any Parent Company or (B) any Parent Company’s Form 10-K or 10-Q, as applicable, filed with the SEC or any securities exchange, in each case, within the time periods specified in such paragraphs; provided that, with respect to each of clauses (A) and (B), (i) to the extent such financial statements relate to any Parent Company, such financial statements shall be accompanied by consolidating information that summarizes in reasonable detail the differences between the information relating to such Parent Company, on the one hand, and the information relating to the Parent Borrower and its consolidated subsidiaries on a standalone basis, on the other hand, which consolidating information shall be certified by a Responsible Officer of the Parent Borrower as having been fairly presented in all material respects and (ii) to the extent such statements are in lieu of statements required to be provided under no obligation Section 5.01(b), such statements shall be accompanied by a report and opinion of an independent registered public accounting firm of nationally recognized standing, which report and opinion shall satisfy the applicable requirements set forth in Section 5.01(b). Any financial statement required to xxxx be delivered pursuant to Section 5.01(a) or (b) shall not be required to include acquisition accounting adjustments relating to the Transactions or any Borrower Materials “PUBLIC”Permitted Acquisition to the extent it is not practicable to include any such adjustments in such financial statement.

Other Information. From time Within 10 days after a request therefor, the Borrower shall use commercially reasonable efforts to time deliver to the Administrative Agent such other information concerning the Company and its Subsidiaries (including financial and management reports submitted or documents relating to the Company by independent auditors in connection with each annual or interim audit made by such auditors financial condition, properties and operations of the books of the Company) as the Administrative Agent any Credit Party or any Bank through of their Subsidiaries as the Administrative Agent may reasonably request. Documents required request from time to be delivered pursuant to Section 10.1.1, 10.1.2 or 10.1.4 (to the extent any such documents are included in materials otherwise filed with the SEC) may be delivered electronically and, if so delivered, shall be deemed to have been delivered on the date (i) on which the Company posts such documents, or provides a link thereto on the Company’s website on the Internet at the website address listed on Schedule 14.3; or (ii) on which such documents are posted on the Company’s behalf on an Internet or intranet website, if any, to which each Bank and the Administrative Agent have access (whether a commercial, third-party website or whether sponsored by the Administrative Agent); provided that the Company shall notify (which may be by facsimile or electronic mail) the Administrative Agent (which shall notify each Bank) of the posting of any such document and, promptly upon request by the Administrative Agent, provide to the Administrative Agent by electronic mail an electronic version (i.e., a soft copy) of any such document specifically requested by the Administrative Agenttime. The Administrative Agent shall have no obligation to request the delivery or to maintain copies of the documents referred to above, and in any event shall have no responsibility to monitor compliance by the Company with any such request for delivery, and each Bank shall be solely responsible for requesting delivery to it or maintaining its copies of such documents. The Company Credit Parties hereby acknowledges acknowledge that (a) the Administrative Agent and/or the Lead Arrangers and/or Bank of America Arranger will make available to the Banks Lenders and the LC Issuer materials and/or information provided by or on behalf of the Company Borrower and other Credit Parties hereunder (collectively, “Borrower Materials”) to Banks and potential Banks by posting the Borrower Materials on IntraLinks Syndtrak or another similar electronic system (the “Platform”) and (b) certain of the Banks or potential Banks Lenders (each, a “Public Lender”) may be “public-side” Banks (i.e., Banks that have personnel who do not wish to receive material non-public information with respect to the Company Borrower or its Affiliates, or the respective securities of any of the foregoing, and who may be engaged in investment and other market-related activities with respect to such Persons’ securities) (each, a “Public Bank”). The Company Credit Parties hereby agrees that it will use commercially reasonable efforts to identify that portion of the Borrower Materials that may be distributed to the Public Banks and agree that (wi) all Borrower Materials that are to be made available to Public Banks Lenders shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (xii) by marking Borrower Materials “PUBLIC,” the Company Credit Parties shall be deemed to have authorized the Lead Arrangers, Bank of AmericaAdministrative Agent, the Banks Lead Arranger, the LC Issuer and the proposed Banks Lenders to treat such Borrower Materials as not containing any material non-public information with respect to the Company applicable issuer or its securities for purposes of United States Federal federal and state securities lawslaws (provided, it being understood however, that certain of to the extent such Borrower Materials may constitute Confidential Information, they shall be subject to the confidentiality requirements of treated as set forth in Section 14.1411.15); (yiii) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated “Public InvestorSide Information;” and (ziv) the Administrative Agent and the Lead Arrangers and Bank of America Arranger shall be entitled to treat any Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on, and shall only post such Borrower Materials on, the on a portion of the Platform that is not designated “Public InvestorSide Information.” Notwithstanding the foregoing, the Company shall be under no obligation to xxxx any Borrower Materials “PUBLIC”.

Other Information. From time to time such Such other certificates, reports and information concerning the Company and its Subsidiaries (including financial and management reports submitted to the Company by independent auditors in connection with each annual or interim audit made by such auditors of the books of the Companyotherwise) as the Administrative Agent may reasonably request from time to time in connection with the 139 financial condition or business of Holdings and its Restricted Subsidiaries; provided, however, that none of Holdings, the Lead Borrower nor any Bank through Restricted Subsidiary shall be required to disclose or provide any information (i) that constitutes non-financial trade secrets or non-financial proprietary information of Holdings, the Lead Borrower and/or any of their respective subsidiaries, customers and/or suppliers, (ii) in respect of which disclosure to the Administrative Agent may reasonably requestor any Lender (or any of their respective representatives or contractors) is prohibited by applicable Requirements of Law, (iii) that is subject to attorney-client or similar privilege or constitutes attorney work product or (iv) in respect of which Holdings, the Lead Borrower or any Restricted Subsidiary owes confidentiality obligations to any third party; provided, further, that, with respect to this clause (iv), the Lead Borrower shall (A) make the Administrative Agent aware of such confidentiality obligations (to the extent permitted under the applicable confidentiality obligation) and (B) use commercially reasonable efforts to communicate the relevant information in a way that does not violate such confidentiality obligations. Documents required to be delivered pursuant to this Section 10.1.1, 10.1.2 or 10.1.4 (to the extent any such documents are included in materials otherwise filed with the SEC) 5.01 may be delivered electronically and, and if so delivered, shall be deemed to have been delivered on the date (i) on which the Company Lead Borrower (or a representative thereof) (x) posts such documents, documents or (y) provides a link thereto on the Company’s website of the Lead Borrower on the Internet at the website address listed on Schedule 14.39.01; provided that, other than with respect to items required to be delivered pursuant to Section 5.01(k), the Lead Borrower shall promptly notify (which may be by facsimile or electronic mail) the Administrative Agent in writing of the posting of any such documents on the website of the Lead Borrower (or its applicable subsidiary) and provide to the Administrative Agent by electronic mail electronic versions (i.e., soft copies) of such documents; (ii) on which such documents are posted delivered by the Lead Borrower to the Administrative Agent for posting on behalf of the Company’s behalf Lead Borrower on an Internet SyndTrak or intranet another relevant website, if any, to which each Bank Lender and the Administrative Agent have access (whether a commercial, third-party website or whether sponsored by the Administrative Agent); provided that the Company shall notify (iii) on which may be by facsimile executed certificates or electronic mail) other documents are faxed to the Administrative Agent (which shall notify each Bank) of the posting of any such document and, promptly upon request or electronically mailed to an address provided by the Administrative Agent, provide to the Administrative Agent by electronic mail an electronic version ); or (i.e., a soft copyiv) of any such document specifically requested by the Administrative Agent. The Administrative Agent shall have no obligation to request the delivery or to maintain copies in respect of the documents referred items required to above, and be delivered pursuant to Section 5.01(k) in any event shall have no responsibility to monitor compliance respect of information filed by the Holdings or its applicable Parent Company with any such request for delivery, securities exchange or with the SEC or any analogous governmental or private regulatory authority with jurisdiction over matters relating to securities (other than Form 10-Q reports and each Bank shall be solely responsible for requesting delivery to it or maintaining its copies of such documents. The Company hereby acknowledges that (a) the Lead Arrangers and/or Bank of America will make available to the Banks materials and/or information provided by or on behalf of the Company hereunder (collectively, “Borrower Materials”) to Banks and potential Banks by posting the Borrower Materials on IntraLinks or another similar electronic system (the “Platform”Form 10-K reports described in Sections 5.01(a) and (b) certain ), respectively), on which such items have been made available on the SEC website or the website of the Banks relevant analogous governmental or potential Banks may be “public-side” Banks (i.e., Banks that do not wish to receive material non-public information with respect to the Company private regulatory authority or its securities) (each, a “Public Bank”)securities exchange. The Company hereby agrees that it will use commercially reasonable efforts to identify that portion of the Borrower Materials that may be distributed to the Public Banks and that (w) all Borrower Materials that are made available to Public Banks shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (x) by marking Borrower Materials “PUBLIC,” the Company shall be deemed to have authorized the Lead Arrangers, Bank of America, the Banks and the proposed Banks to treat such Borrower Materials as not containing any material non-public information with respect to the Company or its securities for purposes of United States Federal and state securities laws, it being understood that certain of such Borrower Materials may be subject to the confidentiality requirements of Section 14.14; (y) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated “Public Investor;” and (z) the Lead Arrangers and Bank of America shall treat any Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on, and shall only post such Borrower Materials on, the portion of the Platform not designated “Public Investor.” Notwithstanding the foregoing, the obligations in paragraphs (a), and (b) of this Section 5.01 may be satisfied with respect to any financial statements of the Lead Borrower by furnishing (A) the applicable financial statements of any Parent Company or (B) any Parent Company’s Form 10-K or 10-Q, as applicable, filed with the SEC or any securities exchange, in each case, within the time periods specified in such paragraphs; provided that, with respect to each of clauses (A) and (B), (i) to the extent such financial statements relate to any Parent Company, such financial statements shall be accompanied by consolidating information that summarizes in reasonable detail the differences between the information relating to such Parent Company, on the one hand, and the information relating to the Lead Borrower and its consolidated subsidiaries on a standalone basis, on the other hand, which consolidating information shall be certified by a Responsible Officer of the Lead Borrower as having been fairly presented in all material respects and (ii) to the extent such statements are in lieu of statements required to be provided under no obligation Section 5.01(b), such statements shall be accompanied by a report and opinion of an independent registered public accounting firm of nationally recognized standing, which report and opinion shall satisfy the applicable requirements set forth in Section 5.01(b). 140 Any financial statement required to xxxx be delivered pursuant to Section 5.01(a) or (b) shall not be required to include acquisition accounting adjustments relating to the Transactions or any Borrower Materials “PUBLIC”Permitted Acquisition to the extent it is not practicable to include any such adjustments in such financial statement.

Other Information. From Promptly, such additional financial and other information as the Administrative Agent, at the request of any Lender, may from time to time such other reasonably request, including, without limitation, any information concerning the Company and its Subsidiaries (including financial and management reports submitted requested pursuant to the Company by independent auditors in connection with each annual or interim audit made by such auditors of the books of the Company) as the Administrative Agent Agent’s or any Lender’s customer identification program or anti-money laundering program under the Bank through the Administrative Agent may reasonably requestSecrecy Act. Documents required to be delivered pursuant to Section 10.1.1, 10.1.2 6.1(a) or 10.1.4 (b) or Section 6.2(b) (to the extent any such documents are included in materials otherwise filed with the SECSecurities and Exchange Commission) may be delivered electronically and(including without limitation pursuant to (x) delivery by email in accordance with Section 10.1, (y) the methods described in the following clause (i) or (z) the methods described in the following clause (ii)) and if so delivereddelivered electronically pursuant to either of the following clauses (i) or (ii), shall be deemed to have been delivered on the date (i) on which the Company posts such documents, or provides a link thereto thereto, on the Company’s website on the Internet at the website address listed on Schedule 14.3Internet; or (ii) on which such documents are posted on the Company’s behalf on an Internet or intranet website, if any, to which each Bank Lender and the Administrative Agent have access (whether a commercial, third-party website or whether sponsored by the Administrative Agent); provided . Each Borrower acknowledges that the Company shall notify (which may be by facsimile or electronic mail) the Administrative Agent (which shall notify each Bank) of the posting of any such document and, promptly upon request by the Administrative Agent, provide to the Administrative Agent by electronic mail an electronic version (i.e., a soft copy) of any such document specifically requested by the Administrative Agent. The Administrative Agent shall have no obligation to request the delivery or to maintain copies of the documents referred to above, and in any event shall have no responsibility to monitor compliance by the Company with any such request for delivery, and each Bank shall be solely responsible for requesting delivery to it or maintaining its copies of such documents. The Company hereby acknowledges that (a) the Lead Arrangers and/or Bank of America will make available to the Banks Lenders materials and/or information provided by or on behalf of the Company Borrowers hereunder (collectively, “Borrower Materials”) to Banks and potential Banks by posting the Borrower Materials on IntraLinks or another similar electronic system (the “Platform”) ). Each Borrower acknowledges and (b) certain the Administrative Agent, the Arrangers and the Lenders agree that none of the Banks or potential Banks may Lenders will be “public-public side” Banks Lenders (i.e., Banks i.e. Lenders that do not wish to receive material non-public non‑public information with respect to any Borrower or its securities) (each a “Public Lender”). Each Borrower, the Administrative Agent, the Arrangers and the Lenders hereby agree that (x) all Borrower Materials shall be treated as private and may contain material non‑public information with respect to the Company Borrowers or its securities) (each, a “Public Bank”). The Company hereby agrees that it will use commercially reasonable efforts to identify that portion of the Borrower Materials that may be distributed to the Public Banks and that (w) all Borrower Materials that are made available to Public Banks shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (x) by marking Borrower Materials “PUBLIC,” the Company shall be deemed to have authorized the Lead Arrangers, Bank of America, the Banks and the proposed Banks to treat such Borrower Materials as not containing any material non-public information with respect to the Company or its their securities for purposes of United States Federal federal and state securities laws, it being understood that certain of such Borrower Materials may be subject to the confidentiality requirements of Section 14.14; laws and (y) the Administrative Agent and the Arrangers shall treat all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated “Public Investor;” and (z) the Lead Arrangers and Bank of America shall treat any Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on, and shall only post such Borrower Materials on, the on a portion of the Platform not designated “Public Lender” or “Public Investor.” ”. Notwithstanding the foregoing, the Company no Borrower shall be under no any obligation to xxxx mxxx any Borrower Materials “PUBLIC”.

Other Information. From Such other information respecting the business, condition (financial or otherwise), operations, performance, properties or prospects of any Loan Party or any of its Subsidiaries as any Agent, or any Lender Party through the Administrative Agent, may from time to time such other information concerning the Company and its Subsidiaries (including financial and management reports submitted to the Company by independent auditors in connection with each annual or interim audit made by such auditors of the books of the Company) as the Administrative Agent or any Bank through the Administrative Agent may reasonably request. Documents required to be delivered pursuant to Section 10.1.1, 10.1.2 Sections 5.03(b) or 10.1.4 (c) or 8.2(f) (to the extent any such documents are included in materials otherwise filed with the SEC) may be delivered electronically and, and if so delivered, shall be deemed to have been delivered on the date (i) on which the Company Borrower posts such documents, or provides a link thereto on the CompanyBorrower’s website on the Internet at the website address listed on Schedule 14.3in Section 9.01; or (ii) on which such documents are posted on the CompanyBorrower’s behalf on an Internet or intranet website, if any, to which each Bank Lender and the Administrative Agent have access (whether a commercial, third-party website or whether sponsored by the Administrative Agent); provided that: (i) the Borrower shall deliver paper copies of such documents to the Administrative Agent or any Lender that requests the Company Borrower to deliver such paper copies until a written request to cease delivering paper copies is given by the Administrative Agent or such Lender and (ii) the Borrower shall notify the Administrative Agent and each Lender (which may be by facsimile telecopier or electronic mail) the Administrative Agent (which shall notify each Bank) of the posting of any such document and, promptly upon request by the Administrative Agent, documents and provide to the Administrative Agent by electronic mail an electronic version versions of such documents. Notwithstanding anything contained herein, in every instance the Borrower shall be required to provide paper copies of the Officer’s Compliance Certificates required by Sections 5.03(b) and (i.e.c), a soft copy) of any such document specifically requested by as the case may be, to the Administrative Agent. The Except for such Officer’s Compliance Certificates, the Administrative Agent shall have no obligation to request the delivery or to maintain copies of the documents referred to above, and in any event shall have no responsibility to monitor compliance by the Company Borrower with any such request for delivery, and each Bank Lender shall be solely responsible for requesting delivery to it or maintaining its copies of such documents. The Company Borrower hereby acknowledges that (a) the Lead Administrative Agent and/or the Arrangers and/or Bank of America will make available to the Banks Lenders and the Issuing Bank materials and/or information provided by or on behalf of the Company Borrower hereunder (collectively, “Borrower Materials”) to Banks and potential Banks by posting the Borrower Materials on IntraLinks SyndTrak Online or another similar electronic system (the “Platform”) and (b) certain of the Banks or potential Banks Lenders may be “public-side” Banks Lenders (i.e., Banks Lenders that do not wish to receive material non-public information with respect to the Company Borrower or its securities) (each, a “Public BankLender”). The Company Borrower hereby agrees that so long as the Borrower is the issuer of any outstanding debt or equity securities that are registered or issued pursuant to a private offering or is actively contemplating issuing any such securities it will use commercially reasonable efforts to identify that portion of the Borrower Materials that may be distributed to the Public Banks Lenders and that (w) all such Borrower Materials that are made available to Public Banks shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (x) by marking Borrower Materials “PUBLIC,” the Company Borrower shall be deemed to have authorized the Lead Administrative Agent, the Arrangers, the Issuing Bank of America, the Banks and the proposed Banks Lenders to treat such Borrower Materials as not containing any material non-public information (although it may be sensitive and proprietary) with respect to the Company Borrower or its securities for purposes of United States Federal federal and state securities lawslaws (provided, it being understood however, that certain of to the extent such Borrower Materials may constitute Information, they shall be subject to the confidentiality requirements of treated as set forth in Section 14.149.11); (y) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated “Public Investor;” and (z) the Lead Administrative Agent and the Arrangers and Bank of America shall be entitled to treat any Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on, and shall only post such Borrower Materials on, the on a portion of the Platform not designated “Public Investor.” Notwithstanding the foregoing, the Company shall be under no obligation to xxxx any Borrower Materials “PUBLIC”.

Other Information. From time to time such Such other information concerning respecting the Company business, properties or Collateral, or the condition or operations, financial or otherwise, of the Borrower and its Subsidiaries (including financial and management reports submitted to the Company by independent auditors in connection with each annual or interim audit made by such auditors of the books of the Company) as the Administrative Agent or any Bank Lender (through the Administrative Agent Agent) may from time to time reasonably request. Documents required to be delivered pursuant to this Section 10.1.1, 10.1.2 or 10.1.4 (to the extent any such documents are included in materials otherwise filed with the SEC) 5.06 may be delivered electronically and, if so deliveredin the case of Sections 5.06(a), 5.06(b), 5.06(f) and 5.06(g) shall be deemed to have been delivered on the date (i) on which the Company posts if such documents, or provides one or more annual, quarterly or other reports or filings containing such documents (including, in the case of certifications required pursuant to Section 5.06(b), the certifications accompanying any such quarterly report pursuant to Section 302 of the Xxxxxxxx-Xxxxx Act of 2002), (i) shall have been posted or provided a link thereto to on the CompanyBorrower’s website on the Internet at the website address listed on Schedule 14.3; or at xxxx://xxx.xxxxxxxx.xxx, (ii) shall be available on which such documents are the website of the SEC at xxxx://xxx.xxx.xxx or (iii) shall have been posted on the CompanyBorrower’s behalf on an Internet IntraLinks/IntraAgency or intranet another website, if any, to which each Bank Lender and the Administrative Agent have access (whether a commercial, third-party website or whether sponsored by the Administrative Agent); provided that the Company shall notify (which may be by facsimile or electronic mail) the Administrative Agent (which shall notify each Bank) of the posting of any such document and, promptly upon request by the Administrative Agent, provide to the Administrative Agent by electronic mail an electronic version (i.e., a soft copy) of any such document specifically requested by the Administrative Agent. The Administrative Agent shall not have no an obligation to request the delivery or to maintain copies of the documents referred to above, and in any event shall have no responsibility to monitor compliance by the Company Borrower with any such request for delivery, and each Bank Lender shall be solely responsible for requesting delivery to it or maintaining its copies of such documents. The Company Borrower hereby acknowledges that (a) the Lead Arrangers and/or Bank of America Administrative Agent will make available to the Banks Lenders materials and/or information provided by or on behalf of the Company Loan Parties hereunder (collectively, the “Borrower Materials”) to Banks and potential Banks by posting the Borrower Materials on IntraLinks IntraLinks/IntraAgency or another similar electronic system (the “Platform”) and (b) certain of the Banks or potential Banks Lenders may be “public-side” Banks Lenders (i.e., Banks Lenders that do not wish to receive material non-public information with respect to the Company Borrower, its Subsidiaries or its their securities) (each, a “Public BankLender”). The Company hereby agrees that it If any Borrower Materials are designated by the Loan Parties as “PRIVATE”, such Borrower Materials will use commercially reasonable efforts not be made available to identify that portion of the Borrower Materials Platform designated “Public Investor,” which is intended to contain only information that is either publicly available or not material information (though it may be distributed sensitive and proprietary) with respect to the Public Banks Borrower, its Subsidiaries or their securities for purposes of United States Federal and that (w) all State securities laws. The Administrative Agent shall be entitled to treat any Borrower Materials that are made available to Public Banks shall be clearly and conspicuously not marked “PUBLICPRIVATE” which, at a minimum, shall mean that the word or “PUBLICCONFIDENTIAL” shall appear prominently on the first page thereof; (x) by marking Borrower Materials “PUBLIC,” the Company shall be deemed to have authorized the Lead Arrangers, Bank of America, the Banks and the proposed Banks to treat such Borrower Materials as not containing any material non-public information with respect to the Company Borrower, its Subsidiaries or its their securities for purposes of United States Federal and state securities lawslaws (provided, it being understood however, that certain of to the extent such Borrower Materials may be subject to the confidentiality requirements of Section 14.14; (y) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated “Public Investor;” and (z) the Lead Arrangers and Bank of America shall treat any Borrower Materials that are not marked “PUBLIC” as being suitable only for posting onconstitute Information, and shall only post such Borrower Materials on, the portion of the Platform not designated “Public Investor.” Notwithstanding the foregoing, the Company they shall be under no obligation to xxxx any Borrower Materials “PUBLIC”treated as set forth in Section 10.07).

Other Information. From Such other information respecting the business, operations, or property of the Parent Guarantor or any of its Subsidiaries, financial or otherwise, as either Administrative Agent or the Required Lenders under either Facility (such request to be made through the applicable Administrative Agent) may from time to time such other information concerning the Company and its Subsidiaries (including financial and management reports submitted to the Company by independent auditors in connection with each annual or interim audit made by such auditors of the books of the Company) as the Administrative Agent or any Bank through the Administrative Agent may reasonably request. Documents required to be delivered pursuant to Section 10.1.1, 10.1.2 or 10.1.4 (to the extent any such documents are included in materials otherwise filed with the SEC) may be delivered electronically and, if so delivered, shall be deemed to have been delivered on the date (i) on which the Company posts such documents, or provides a link thereto on the Company’s website on the Internet at the website address listed on Schedule 14.3; or (ii) on which such documents are posted on the Company’s behalf on an Internet or intranet website, if any, to which each Bank The Borrower and the Administrative Agent have access (whether a commercial, third-party website or whether sponsored by the Administrative Agent); provided that the Company shall notify (which may be by facsimile or electronic mail) the Administrative Agent (which shall notify each Bank) of the posting of any such document and, promptly upon request by the Administrative Agent, provide to the Administrative Agent by electronic mail an electronic version (i.e., a soft copy) of any such document specifically requested by the Administrative Agent. The Administrative Agent shall have no obligation to request the delivery or to maintain copies of the documents referred to above, and in any event shall have no responsibility to monitor compliance by the Company with any such request for delivery, and each Bank shall be solely responsible for requesting delivery to it or maintaining its copies of such documents. The Company Parent Guarantor hereby acknowledges acknowledge that (a) the Administrative Agents and/or the Joint Lead Arrangers and/or Bank of America will make available to the Banks Lenders and the L/C Issuer materials and/or information provided by or on behalf of the Company Borrower and the Parent Guarantor hereunder (collectively, “Borrower Materials”) to Banks and potential Banks by posting the Borrower Materials on IntraLinks or another similar electronic system (the “Platform”) and (b) certain of the Banks or potential Banks Lenders (each, a “Public Lender”) may be “public-side” Banks (i.e., Banks that have personnel who do not wish to receive material non-public information with respect to the Company Borrower or its Affiliates, or the respective securities of any of the foregoing, and who may be engaged in investment and other market-related activities with respect to such Persons’ securities) (each, a “Public Bank”). The Company Each of the Borrower and the Parent Guarantor hereby agrees that it will use commercially reasonable efforts to identify that portion of the Borrower Materials that may be distributed to the Public Banks Lenders and that (w) all such Borrower Materials that are made available to Public Banks shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (x) by marking Borrower Materials “PUBLIC,” the Company Borrower and/or the Parent Guarantor shall be deemed to have authorized the Administrative Agents, the Joint Lead Arrangers, Bank of America, the Banks L/C Issuer and the proposed Banks Lenders to treat such Borrower Materials as not containing any material non-public information (although it may be sensitive and proprietary) with respect to the Company Borrower and/or the Parent Guarantor or its securities for purposes of United States Federal and state securities lawslaws (provided, it being understood however, that certain of to the extent such Borrower Materials may constitute Information (as defined below), they shall be subject to the confidentiality requirements of treated as set forth in Section 14.148.12; (y) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated “Public Investor;” and (z) the Administrative Agents and the Joint Lead Arrangers and Bank of America shall be entitled to treat any Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on, and shall only post such Borrower Materials on, the on a portion of the Platform not designated “Public Investor.” Notwithstanding the foregoing, the Company shall be under no obligation to xxxx any Borrower Materials “PUBLIC”.

Other Information. From time to time such other information concerning the Company and its Subsidiaries (including material financial and management reports submitted to the Company by independent auditors in connection with each annual or interim audit made by such auditors of the books of the Company) as the Administrative Agent or any Bank Lender through the Administrative Agent may reasonably request. Documents required to be delivered pursuant to Section 10.1.17.01(a), 10.1.2 7.01(b) or 10.1.4 7.01(d) (to the extent any such documents are included in materials otherwise filed with the SEC) may be delivered electronically and, if so delivered, shall be deemed to have been delivered on the date (i) on which the Company posts such documents, or provides a link thereto thereto, on the Company’s website on the Internet at the website address listed on Schedule 14.311.02 or publicly files such documents with the SEC; or (ii) on which such documents are posted on the Company’s behalf on an Internet or intranet website, if any, to which each Bank Lender and the Administrative Agent have access (whether a commercial, third-party website or whether sponsored by the Administrative Agent); provided that the Company shall notify (which may be by facsimile or electronic mail) the Administrative Agent (which shall notify each BankLender) of the posting of any such document and, promptly upon request by the Administrative Agent, provide to the Administrative Agent by electronic mail an electronic version (i.e., a soft copy) of any such document specifically requested by the Administrative Agent. The Administrative Agent shall have no obligation to request the delivery or to maintain copies of the documents referred to above, and in any event shall have no responsibility to monitor compliance by the Company with any such request for delivery, and each Bank Lender shall be solely responsible for requesting delivery to it or maintaining its copies of such documents. The Company hereby acknowledges that (a) the Administrative Agent and/or the Lead Arrangers and/or Bank of America will Arranger may, but shall not be obligated to, make available to the Banks Lenders and the L/C Issuer materials and/or information provided by or on behalf of the Company hereunder (collectively, “Borrower Materials”) to Banks and potential Banks by posting the Borrower Materials on IntraLinks Debt Domain, IntraLinks, Syndtrak or another similar electronic system (the “Platform”) and (b) certain of the Banks or potential Banks Lenders (each a “Public Lender”) may be “public-side” Banks (i.e., Banks that have personnel who do not wish to receive material non-public information with respect to the Company or its Affiliates, or the respective securities of any of the foregoing, and who may be engaged in investment and other market-related activities with respect to such Persons’ securities) (each, a “Public Bank”). The Company hereby agrees that it will use commercially reasonable efforts to identify that portion of the Borrower Materials that may be distributed to the Public Banks and that (w) all Borrower Materials that are to be made available to Public Banks Lenders shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (x) by marking Borrower Materials “PUBLIC,” the Company shall be deemed to have authorized the Lead Arrangers, Bank of AmericaAdministrative Agent, the Banks Lead Arranger, the L/C Issuer and the proposed Banks Lenders to treat such Borrower Materials as not containing any material non-public information with respect to the Company or its securities for purposes of United States Federal federal and state securities lawslaws (provided, it being understood however, that certain of to the extent such Borrower Materials may constitute Information, they shall be subject to the confidentiality requirements of treated as set forth in Section 14.1411.07); (y) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated “Public InvestorSide Information;” and (z) the Administrative Agent and the Lead Arrangers and Bank of America Arranger shall be entitled to treat any Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on, and shall only post such Borrower Materials on, the a portion of the Platform not designated as “Public InvestorSide Information.” Notwithstanding the foregoing, the Company shall be under no obligation to xxxx any Borrower Materials “PUBLIC.”.

Other Information. From time to time Promptly, such other additional information concerning regarding the Company and its Subsidiaries (including business, financial and management reports submitted to or corporate affairs of CNL RPI or any Subsidiary, or compliance with the Company by independent auditors in connection with each annual or interim audit made by such auditors terms of the books of the Company) Loan Documents, as the Administrative Agent or any Bank through the Administrative Agent Lender may from time to time reasonably request. Documents required to be delivered pursuant to Section 10.1.1, 10.1.2 6.01(a) or 10.1.4 (b) or Section 6.02(e) (to the extent any such documents are included in materials otherwise filed with the SEC) may be delivered electronically and, and if so delivered, shall be deemed to have been delivered on the date (i) on which the Company Borrower posts such documents, or provides a link thereto on the CompanyBorrower’s website on the Internet at the website address listed on Schedule 14.310.02; or (ii) on which such documents are posted on the CompanyBorrower’s behalf on an Internet or intranet website, if any, to which each Bank Lender and the Administrative Agent have access (whether a commercial, third-party website or whether sponsored by the Administrative Agent); provided that: (i) the Borrower shall deliver paper copies of such documents to the Administrative Agent or any Lender that requests the Company Borrower to deliver such paper copies until a written request to cease delivering paper copies is given by the Administrative Agent or such Lender and (ii) the Borrower shall notify (which may be by facsimile or electronic mail) the Administrative Agent (which shall notify each Bankby telecopier or electronic mail) of the posting of any such document and, promptly upon request by the Administrative Agent, documents and provide to the Administrative Agent by electronic mail an electronic version versions (i.e., a soft copycopies) of any such document specifically requested documents. Notwithstanding anything contained herein, in every instance the Borrower shall be required to provide paper copies of the Compliance Certificates required by Section 6.02(a) to the Administrative Agent. The Except for such Compliance Certificates, the Administrative Agent shall have no obligation to request the delivery or to maintain copies of the documents referred to above, and in any event shall have no responsibility to monitor compliance by the Company Borrower with any such request for delivery, and each Bank Lender shall be solely responsible for requesting delivery to it or maintaining its copies of such documents. The Company Borrower hereby acknowledges that (a) the Lead Arrangers Administrative Agent and/or Bank of America the Arranger will make available to the Banks Lenders and the L/C Issuer materials and/or information provided by or on behalf of the Company Borrower hereunder (collectively, “Borrower Materials”) to Banks and potential Banks by posting the Borrower Materials on IntraLinks or another similar electronic system (the “Platform”) and (b) certain of the Banks or potential Banks Lenders may be “public-side” Banks Lenders (i.e., Banks Lenders that do not wish to receive material non-public information with respect to the Company CNL RPI or its securities) (each, a “Public BankLender”). The Company Borrower hereby agrees that it will use commercially reasonable efforts to identify that portion of the Borrower Materials that may be distributed to the Public Banks and that (w) all Borrower Materials that are to be made available to Public Banks Lenders shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (x) by marking Borrower Materials “PUBLIC,” the Company Borrower shall be deemed to have authorized the Lead Arrangers, Bank of AmericaAdministrative Agent, the Banks Arranger, the L/C Issuer and the proposed Banks Lenders to treat such Borrower Materials as not containing any material non-public information with respect to the Company CNL RPI or its securities for purposes of United States Federal and state securities lawslaws (provided, it being understood however, that certain of to the extent such Borrower Materials may constitute Information, they shall be subject to the confidentiality requirements of treated as set forth in Section 14.1410.07); (y) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated “Public Investor;” and (z) the Lead Arrangers Administrative Agent and Bank of America the Arranger shall be entitled to treat any Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on, and shall only post such Borrower Materials on, the on a portion of the Platform not designated “Public Investor.” Notwithstanding the foregoing, the Company Borrower shall be under no obligation to xxxx any Borrower Materials “PUBLIC.”.

Other Information. From time to time With reasonable promptness, such other information concerning the Company and its Subsidiaries or existing documents (including financial and management reports submitted to the Company by independent auditors in connection with each annual or interim audit made by such auditors of the books of the Companyotherwise) as the Administrative Agent or any Bank through the Administrative Agent Lender may reasonably requestrequest from time to time. Documents required to be delivered pursuant to Section 10.1.16.01will be delivered in electronic versions (i.e., 10.1.2 or 10.1.4 (soft copies) by the applicable Borrower by electronic mail to the extent any Administrative Agent who shall post such documents are included in materials otherwise filed with the SEC) may be delivered electronically and, if so delivered, shall be deemed to have been delivered on the date (i) on which the Company posts such documents, or provides a link thereto on the Company’s website on the Internet at the website address listed on Schedule 14.3; or (ii) on which such documents are posted on the Company’s Borrowers’ behalf on an Internet or intranet website, if any, website to which each Bank Lender and the Administrative Agent have access (whether a commercial, third-party website or whether sponsored by the Administrative Agent); provided that that: the Company applicable Borrower shall notify (which may be by facsimile or electronic mail) the Administrative Agent (which shall notify each Bank) deliver paper copies of the posting of any such document and, promptly upon request by the Administrative Agent, provide documents to the Administrative Agent by electronic mail an electronic version (i.e., or any Lender upon its request to such Borrower to deliver such paper copies until a soft copy) of any such document specifically requested written request to cease delivering paper copies is given by the Administrative AgentAgent or such Lender. The Administrative Agent shall have no obligation to request the delivery of or to maintain paper copies of the documents referred to above, and in any event shall have no responsibility to monitor compliance by the Company Borrowers with any such request by a Lender for delivery, and each Bank Lender shall be solely responsible for requesting delivery to it or maintaining its copies of such documents. The Company Each Borrower hereby acknowledges that (a) the Lead Arrangers Administrative Agent and/or Bank of America will the Arranger may, but shall not be obligated to, make available to the Lenders and the Fronting Banks materials and/or information provided by or on behalf of the Company Borrowers hereunder (collectively, “Borrower Materials”) to Banks and potential Banks by posting the Borrower Materials on IntraLinks Debt Domain, IntraLinks, Syndtrak, ClearPar, or another similar electronic system (the “Platform”) and (b) certain of the Banks or potential Banks Lenders (each, a “Public Lender”) may be “public-side” Banks (i.e., Banks that have personnel who do not wish to receive material non-public information with respect to the Company Borrowers or its their Affiliates, or the respective securities of any of the foregoing, and who may be engaged in investment and other market-related activities with respect to such Persons’ securities) (each, a “Public Bank”). The Company Borrowers hereby agrees that it will use commercially reasonable efforts to identify that portion of the Borrower Materials that may be distributed to the Public Banks and agree that (w) all Borrower Materials that are to be made available to Public Banks Lenders shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (x) by marking Borrower Materials “PUBLIC,” the Company each Borrower shall be deemed to have authorized the Lead Administrative Agent, the Arrangers, Bank of America, the Fronting Banks and the proposed Banks Lenders to treat such Borrower Materials as not containing any material non-public information with respect to the Company Borrowers or its securities for purposes of United States Federal and state securities lawslaws (provided, it being understood however, that certain of to the extent such Borrower Materials may constitute Information, they shall be subject to the confidentiality requirements of treated as set forth in Section 14.1410.07); (y) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated “Public InvestorSide Information;” and (z) the Lead Arrangers Administrative Agent and Bank of America the Arranger shall be entitled to treat any Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on, and shall only post such Borrower Materials on, the on a portion of the Platform not designated “Public InvestorSide Information.” Notwithstanding the foregoing, the Company shall be under no obligation to xxxx any Borrower Materials “PUBLIC”.

Other Information. From time to time With reasonable promptness upon any such request, such other information concerning regarding the Company and its Subsidiaries (including business, properties or financial and management reports submitted to the Company by independent auditors in connection with each annual or interim audit made by such auditors condition of the books of the Company) any Consolidated Party as the Administrative Agent or any Bank through the Administrative Agent Lender may reasonably request. Documents required to be delivered pursuant to Section 10.1.16.01(a), 10.1.2 (b) or 10.1.4 (g) (to the extent any such documents are included in materials otherwise filed with the SEC) may be delivered electronically and, and if so delivered, shall be deemed to have been delivered on the date (i) on which the Company Administrative Borrower posts such documents, or provides a link thereto on the CompanyAdministrative Borrower’s website on the Internet at the website address listed on Schedule 14.310.02; or (ii) on which such documents are posted on the Company’s Borrowers’ behalf on an Internet IntraLinks/IntraAgency or intranet another relevant website, if any, to which each Bank Lender and the Administrative Agent have access (whether a commercial, third-party website or whether sponsored by the Administrative Agent); provided that that: (i) upon written request by the Company Administrative Agent, the Administrative Borrower shall deliver paper copies of such documents to the Administrative Agent until a written request to cease delivering paper copies is given by the Administrative Agent and (ii) the Administrative Borrower shall notify (which may be by facsimile or electronic mail) the Administrative Agent (which shall notify and each Bank) Lender of the posting of any such document and, promptly upon request by the Administrative Agent, documents and provide to the Administrative Agent by electronic mail an electronic version versions (i.e., a soft copycopies) of any such document specifically requested documents. Notwithstanding anything contained herein, in every instance the Administrative Borrower shall be required to provide paper copies of the Compliance Certificates required by Section 6.01(c) to the Administrative Agent. The Except for such Compliance Certificates, the Administrative Agent shall have no obligation to request the delivery or to maintain copies of the documents referred to above, and in any event shall have no responsibility to monitor compliance by the Company Borrowers with any such request for delivery, and each Bank Lender shall be solely responsible for requesting delivery to it or maintaining its copies of such documents. The Company Borrowers hereby acknowledges acknowledge that (a) the Lead Arrangers Administrative Agent and/or Bank of America the Arranger will make available to the Banks Lenders and the L/C Issuer materials and/or information provided by or on behalf of the Company Borrowers hereunder (collectively, “Borrower Materials”) to Banks and potential Banks by posting the Borrower Materials on IntraLinks or another similar electronic system (the “Platform”) and (b) certain of the Banks or potential Banks Lenders may be “public-side” Banks Lenders (i.e., Banks Lenders that do not wish to receive material non-public information with respect to the Company Borrowers or its their securities) (each, a “Public BankLender”). The Company Borrowers hereby agrees that it will use commercially reasonable efforts to identify that portion of the Borrower Materials that may be distributed to the Public Banks and agree that (w) all Borrower Materials that are to be made available to Public Banks Lenders shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (x) by marking Borrower Materials “PUBLIC,” the Company Borrowers shall be deemed to have authorized the Lead Arrangers, Bank of AmericaAdministrative Agent, the Banks Arranger, the L/C Issuer and the proposed Banks Lenders to treat such Borrower Materials as either publicly available information or not containing any material non-public information (although it may be sensitive and proprietary) with respect to the Company Borrowers or its their securities for purposes of United States Federal and state securities laws, it being understood that certain of such Borrower Materials may be subject to the confidentiality requirements of Section 14.14; (y) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated “Public Investor;” and (z) the Lead Arrangers Administrative Agent and Bank of America the Arranger shall be entitled to treat any Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on, and shall only post such Borrower Materials on, the on a portion of the Platform not designated “Public Investor.” Notwithstanding the foregoing, the Company shall be under no obligation to xxxx any Borrower Materials “PUBLIC”.

Other Information. From time to time time, such other information concerning the Company and or documents (financial or otherwise) with respect to Lead Borrower or any of its Restricted Subsidiaries (including financial and management reports submitted to the Company by independent auditors in connection with each annual or interim audit made by such auditors of the books of the Company) as the Administrative Agent or any Bank Lender (through the Administrative Agent Agent) may reasonably request. Notwithstanding the foregoing, neither Lead Borrower nor any of its Restricted Subsidiaries will be required to provide any information pursuant to this clause to the extent that the provision thereof would violate any law, rule or regulation or result in the breach of any binding contractual obligation or the loss of any professional privilege; provided that in the event that Lead Borrower or any of its Restricted Subsidiaries does not provide information that otherwise would be required to be provided hereunder in reliance on such exception, Lead Borrower shall use commercially reasonable efforts to provide notice to the Administrative Agent promptly upon obtaining knowledge that such information is being withheld (but solely if providing such notice would not violate such law, rule or regulation or result in the breach of such binding contractual obligation or the loss of such professional privilege). Documents required to be delivered pursuant to this Section 10.1.1, 10.1.2 or 10.1.4 (to the extent any such documents are included in materials otherwise filed with the SEC) 9.01 may be delivered electronically and, and if so delivered, shall be deemed to have been delivered on the date (i) on which the Company Lead Borrower posts such documents, or provides a link thereto on the CompanyLead Borrower’s website on the Internet at the website address listed on Schedule 14.3Internet; or (ii) on which such documents are posted on the CompanyLead Borrower’s behalf on an Internet or intranet website, if any, to which each Bank Lender and the Administrative Agent have access (whether a commercial, third-party website or whether sponsored by the Administrative Agent); provided that (x) Lead Borrower shall deliver paper copies of such documents to the Company Administrative Agent or any Lender upon request to Lead Borrower to deliver such paper copies until a written request to cease delivering paper copies is given by the Administrative Agent or such Lender and (y) Lead Borrower shall notify the Administrative Agent and each Lender (which may be by facsimile or electronic mail) the Administrative Agent (which shall notify each Bank) of the posting of any such document and, promptly upon request by the Administrative Agent, documents and provide to the Administrative Agent by electronic mail an electronic version versions (i.e., a soft copycopies) of any such document specifically requested by the Administrative Agentdocuments. The Administrative Agent shall have no obligation to request the delivery of or to maintain paper copies of the documents referred to above, and in any event shall have no responsibility to monitor compliance by the Company Lead Borrower with any such request by a Lender for delivery, and each Bank Lender shall be solely responsible for requesting delivery to it or maintaining its copies of such documents. The Company Borrowers hereby acknowledges acknowledge that (a) the Administrative Agent and/or the Lead Arrangers and/or Bank of America Arranger will make available to the Banks Lenders materials and/or information provided by or on behalf of the Company Borrowers hereunder (collectively, “Borrower Materials”) to Banks and potential Banks by posting the Borrower Materials on IntraLinks or another similar electronic system (the “Platform”) Platform and (b) certain of the Banks or potential Banks Lenders (each, a “Public Lender”) may be “public-side” Banks (i.e., Banks that have personnel who do not wish to receive material non-public information with respect to the Company Borrowers or its their respective Affiliates, or the respective securities of any of the foregoing, and who may be engaged in investment and other market-related activities with respect to such Persons’ securities) (each, a “Public Bank”). The Company Lead Borrower hereby agrees that it will use commercially reasonable efforts to identify that portion of the Borrower Materials that may be distributed to the Public Banks Lenders and that (w) all such Borrower Materials that are made available to Public Banks shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (x) by marking Borrower Materials “PUBLIC,” the Company Lead Borrower shall be deemed to have authorized the Lead Arrangers, Bank of AmericaAdministrative Agent, the Banks Lead Arranger and the proposed Banks Lenders to treat such Borrower Materials as not containing any material non-public information (although it may be sensitive and proprietary) with respect to the Company Borrowers or its their respective securities for purposes of United States Federal and state securities lawslaws (provided, it being understood however, that certain of to the extent such Borrower Materials may constitute Public Side Information, they shall be subject to the confidentiality requirements of treated as set forth in Section 14.1413.15); (y) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated “Public Investor;” Side Information”; and (z) the Administrative Agent and the Lead Arrangers and Bank of America Arranger shall be entitled to treat any Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on, and shall only post such Borrower Materials on, the on a portion of the Platform not designated “Public InvestorSide Information.” Notwithstanding Each Borrower represents and warrants that it, Holdings or any other direct or indirect Parent Company and any Subsidiary, in each case, if any, either (i) has no registered or publicly traded securities outstanding, or (ii) files its financial statements with the foregoingSEC and/or makes its financial statements available to potential holders of its 144A securities, and, accordingly, the Company Borrowers hereby (i) authorizes the Administrative Agent to make financial statements and other information provided pursuant to clauses (a) and (b) above, along with the Credit Documents and the list of Disqualified Lenders, available to Public-Xxxxxx and (ii) agrees that at the time the Section 9.01 Financials are provided hereunder, they shall already have been, or shall substantially concurrently be, made available to holders of its securities. The Borrowers will not request that any other material be under posted to PublicSiders without expressly representing and warranting to the Administrative Agent in writing that such materials do not constitute material non-public information within the meaning of the federal securities laws or that the Borrowers have no outstanding publicly traded securities, including 144A securities (it being understood that the Borrowers shall have no obligation to xxxx request that any material be posted to Public-Xxxxxx). Notwithstanding anything herein to the contrary, in no event shall Lead Borrower Materials “PUBLIC”request that the Administrative Agent make available to Public-Xxxxxx budgets or any certificates, reports or calculations with respect to the Borrowers’ compliance with the covenants contained herein.

Other Information. From time to time With reasonable promptness, such other information concerning the Company and its Subsidiaries or existing documents (including financial and management reports submitted to the Company by independent auditors in connection with each annual or interim audit made by such auditors of the books of the Companyotherwise) as the Administrative Agent or any Bank through the Administrative Agent Lender may reasonably requestrequest from time to time. Documents required to be delivered pursuant to Section 10.1.16.01will be delivered in electronic versions (i.e., 10.1.2 or 10.1.4 (soft copies) by the applicable Borrower by electronic mail to the extent any Administrative Agent who shall post such documents are included in materials otherwise filed with the SEC) may be delivered electronically and, if so delivered, shall be deemed to have been delivered on the date (i) on which the Company posts such documents, or provides a link thereto on the Company’s website on the Internet at the website address listed on Schedule 14.3; or (ii) on which such documents are posted on the Company’s Borrowers’ behalf on an Internet or intranet website, if any, website to which each Bank Lender and the Administrative Agent have access (whether a commercial, third-party website or whether sponsored by the Administrative Agent); provided that that: the Company applicable Borrower shall notify (which may be by facsimile or electronic mail) the Administrative Agent (which shall notify each Bank) deliver paper copies of the posting of any such document and, promptly upon request by the Administrative Agent, provide documents to the Administrative Agent by electronic mail an electronic version (i.e., or any Lender upon its request to such Borrower to deliver such paper copies until a soft copy) of any such document specifically requested written request to cease delivering paper copies is given by the Administrative AgentAgent or such Lender. The Administrative Agent shall have no obligation to request the delivery of or to maintain paper copies of the documents referred to above, and in any event shall have no responsibility to monitor compliance by the Company Borrowers with any such request by a Lender for delivery, and each Bank Lender shall be solely responsible for requesting delivery to it or maintaining its copies of such documents. The Company Each Borrower hereby acknowledges that (a) the Lead Arrangers Administrative Agent and/or Bank of America the Arranger will make available to the Lenders and the Fronting Banks materials and/or information provided by or on behalf of the Company Borrowers hereunder (collectively, “Borrower Materials”) to Banks and potential Banks by posting the Borrower Materials on IntraLinks or another similar electronic system (the “Platform”) and (b) certain of the Banks or potential Banks Lenders (each, a “Public Lender”) may be “public-side” Banks (i.e., Banks that have personnel who do not wish to receive material non-public information with respect to the Company Borrower or its Affiliates, or the respective securities of any of the foregoing, and who may be engaged in investment and other market-related activities with respect to such Persons’ securities) (each, a “Public Bank”). The Company Each Borrower hereby agrees that it will use commercially reasonable efforts to identify that portion of the Borrower Materials that may be distributed to the Public Banks and that (w) all Borrower Materials that are to be made available to Public Banks Lenders shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (x) by marking Borrower Materials “PUBLIC,” the Company each Borrower shall be deemed to have authorized the Lead Administrative Agent, the Arrangers, Bank of America, the Fronting Banks and the proposed Banks Lenders to treat such Borrower Materials as not containing any material non-public information with respect to the Company Borrower or its securities for purposes of United States Federal and state securities lawslaws (provided, it being understood however, that certain of to the extent such Borrower Materials may constitute Information, they shall be subject to the confidentiality requirements of treated as set forth in Section 14.1410.07); (y) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated “Public Investor;” Side Information”; and (z) the Lead Arrangers Administrative Agent and Bank of America the Arranger shall be entitled to treat any Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on, and shall only post such Borrower Materials on, the on a portion of the Platform not designated “Public InvestorSide Information.” Notwithstanding the foregoing, the Company shall be under no obligation to xxxx any Borrower Materials “PUBLIC”.

Other Information. From time to time time, such other information concerning the Company and or documents (financial or otherwise) with respect to Lead Borrower or any of its Restricted Subsidiaries (including financial and management reports submitted to the Company by independent auditors in connection with each annual or interim audit made by such auditors of the books of the Company) as the Administrative Agent or any Bank Lender (through the Administrative Agent Agent) may reasonably request. Notwithstanding the foregoing, neither Lead Borrower nor any of its Restricted Subsidiaries will be required to provide any information pursuant to this clause to the extent that the provision thereof would violate any law, rule or regulation or result in the breach of any binding contractual obligation or the loss of any professional privilege; provided that in the event that Lead Borrower or any of its Restricted Subsidiaries does not provide information that otherwise would be required to be provided hereunder in reliance on such exception, Lead Borrower shall use commercially reasonable efforts to provide notice to the Administrative Agent promptly upon obtaining knowledge that such information is being withheld (but solely if providing such notice would not violate such law, rule or regulation or result in the breach of such binding contractual obligation or the loss of such professional privilege). Documents required to be delivered pursuant to this Section 10.1.1, 10.1.2 or 10.1.4 (to the extent any such documents are included in materials otherwise filed with the SEC) 9.01 may be delivered electronically and, and if so delivered, shall be deemed to have been delivered on the date (i) on which the Company Lead Borrower posts such documents, or provides a link thereto on the CompanyLead Borrower’s website on the Internet at the website address listed on Schedule 14.3Internet; or (ii) on which such documents are posted on the CompanyLead Borrower’s behalf on an Internet or intranet website, if any, to which each Bank Lender and the Administrative Agent have access (whether a commercial, third-party website or whether sponsored by the Administrative Agent); provided that (x) Lead Borrower shall deliver paper copies of such documents to the Company Administrative Agent or any Lender upon request to Lead Borrower to deliver such paper copies until a written request to cease delivering paper copies is given by the Administrative Agent or such Lender and (y) Lead Borrower shall notify the Administrative Agent and each Lender (which may be by facsimile or electronic mail) the Administrative Agent (which shall notify each Bank) of the posting of any such document and, promptly upon request by the Administrative Agent, documents and provide to the Administrative Agent by electronic mail an electronic version versions (i.e., a soft copycopies) of any such document specifically requested by the Administrative Agentdocuments. The Administrative Agent shall have no obligation to request the delivery of or to maintain paper copies of the documents referred to above, and in any event shall have no responsibility to monitor compliance by the Company Lead Borrower with any such request by a Lender for delivery, and each Bank Lender shall be solely responsible for requesting delivery to it or maintaining its copies of such documents. The Company Borrowers hereby acknowledges acknowledge that (a) the Administrative Agent and/or the Lead Arrangers and/or Bank of America will make available to the Banks Lenders materials and/or information provided by or on behalf of the Company Borrowers hereunder (collectively, “Borrower Materials”) to Banks and potential Banks by posting the Borrower Materials on IntraLinks or another similar electronic system (the “Platform”) Platform and (b) certain of the Banks or potential Banks Lenders (each, a “Public Lender”) may be “public-side” Banks (i.e., Banks that have personnel who do not wish to receive material non-public information 101 with respect to the Company Borrowers or its their respective Affiliates, or the respective securities of any of the foregoing, and who may be engaged in investment and other market-related activities with respect to such Persons’ securities) (each, a “Public Bank”). The Company Lead Borrower hereby agrees that it will use commercially reasonable efforts to identify that portion of the Borrower Materials that may be distributed to the Public Banks Lenders and that (w) all such Borrower Materials that are made available to Public Banks shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (x) by marking Borrower Materials “PUBLIC,” the Company Lead Borrower shall be deemed to have authorized the Lead Arrangers, Bank of AmericaAdministrative Agent, the Banks Lead Arrangers and the proposed Banks Lenders to treat such Borrower Materials as not containing any material non-public information (although it may be sensitive and proprietary) with respect to the Company Borrowers or its their respective securities for purposes of United States Federal and state securities lawslaws (provided, it being understood however, that certain of to the extent such Borrower Materials may constitute Public Side Information, they shall be subject to the confidentiality requirements of treated as set forth in Section 14.1413.16); (y) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated “Public Investor;” Side Information”; and (z) the Administrative Agent and the Lead Arrangers and Bank of America shall be entitled to treat any Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on, and shall only post such Borrower Materials on, the on a portion of the Platform not designated “Public InvestorSide Information.” Notwithstanding the foregoing, the Company shall be under no obligation to xxxx any Borrower Materials “PUBLIC”.

Other Information. From time to time such other information concerning the Company and its Subsidiaries (including financial and management reports submitted to the Company by independent auditors in connection with each annual or interim audit made by such auditors of the books of the Company) as the Administrative Agent or any Bank Lender through the Administrative Agent may reasonably request. Documents required to be delivered pursuant to Section 10.1.1, 10.1.2 or 10.1.4 (to the extent any such documents are included in materials otherwise filed with the SEC) may be delivered electronically and, if so delivered, shall be deemed to have been delivered on the date (i) on which the Company posts such documents, or provides a link thereto thereto, on the Company’s website on the Internet at the website address listed on Schedule 14.314.3 or on the SEC’s website; or (ii) on which such documents are posted on the Company’s behalf on an Internet or intranet website, if any, to which each Bank Lender and the Administrative Agent have access (whether a commercial, third-party website or whether sponsored by the Administrative Agent); provided that the Company shall notify (which may be by facsimile or electronic mail) the Administrative Agent (which shall notify each BankLender) of the posting of any such document and, promptly upon request by the Administrative Agent, provide to the Administrative Agent by electronic mail an electronic version (i.e., a soft copy) of any such document specifically requested by the Administrative Agent. The Administrative Agent shall have no obligation to request the delivery or to maintain copies of the documents referred to above, and in any event shall have no responsibility to monitor compliance by the Company with any such request for delivery, and each Bank Lender shall be solely responsible for requesting delivery to it or maintaining its copies of such documents. The Company hereby acknowledges that (a) the Lead Arrangers and/or Bank of America the Administrative Agent will make available to the Banks Lenders and the Issuing Lenders materials and/or information provided by or on behalf of the Company hereunder (collectively, “Borrower Materials”) to Banks Lenders and potential Banks Lenders by posting the Borrower Materials on IntraLinks an electronic system, including e-mail, e-fax, Intralinks®, ClearPar®, Debt Domain, Syndtrak and any other internet or another similar extranet-based site, whether such electronic system is owned, operated or hosted by the Administrative Agent and any of its respective Related Persons or any other Person, providing for access to data protected by passcodes or other security system (the “Platform”) and (b) certain of the Banks Lenders or potential Banks Lenders may be “public-side” Banks Lenders (i.e., Banks Lenders that do not wish to receive material non-public information with respect to the Company or its securities) (each, a “Public BankLender”). The Company hereby agrees that it will use commercially reasonable efforts to identify that portion of the Borrower Materials that may be distributed to the Public Banks Lenders and that (w) all Borrower Materials that are made available to Public Banks Lenders shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (x) by marking Borrower Materials “PUBLIC,” the Company shall be deemed to have authorized the Lead Arrangers, Bank of Americathe Administrative Agent, the Banks Lenders and the proposed Banks Lenders to treat such Borrower Materials as not containing any material non-public information with respect to the Company or its securities for purposes of United States Federal and state securities laws, it being understood that certain of such Borrower Materials may be subject to the confidentiality requirements of Section 14.14; (y) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated “Public Investor;” and (z) the Lead Arrangers and Bank of America the Administrative Agent shall treat any Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on, and shall only post such Borrower Materials on, the portion of the Platform not designated “Public Investor.” ”. Notwithstanding the foregoing, the Company shall be under no obligation to xxxx any Borrower Materials “PUBLIC”.

Other Information. From time Subject to time the confidentiality provisions of Section 9.8, the Credit Parties shall provide to the Administrative Agent such other information concerning respecting the Company and its Subsidiaries (including financial and management reports submitted to the Company by independent auditors in connection with each annual business, operations, or interim audit made by such auditors Property of the books of the Company) as the Administrative Agent Borrower or any Bank Subsidiary, financial or otherwise, as any Lender through the Administrative Agent may reasonably requestrequest including, but not limited to, a list of customers of the Credit Parties. Documents required to be delivered pursuant to Section 10.1.1, 10.1.2 or 10.1.4 (to the extent any such documents are included in materials otherwise filed with the SEC) may be delivered electronically and, if so delivered, shall be deemed to have been delivered on the date The Borrower hereby acknowledges that (i) on which the Company posts such documents, or provides a link thereto on the Company’s website on the Internet at the website address listed on Schedule 14.3; or (ii) on which such documents are posted on the Company’s behalf on an Internet or intranet website, if any, to which each Bank and the Administrative Agent have access (whether a commercial, third-party website or whether sponsored by the Administrative Agent); provided that the Company shall notify (which may be by facsimile or electronic mail) the Administrative Agent (which shall notify each Bank) of the posting of any such document and, promptly upon request by the Administrative Agent, provide to the Administrative Agent by electronic mail an electronic version (i.e., a soft copy) of any such document specifically requested by the Administrative Agent. The Administrative Agent shall have no obligation to request the delivery or to maintain copies of the documents referred to above, and in any event shall have no responsibility to monitor compliance by the Company with any such request for delivery, and each Bank shall be solely responsible for requesting delivery to it or maintaining its copies of such documents. The Company hereby acknowledges that (a) the Lead Arrangers and/or Bank of America will make available to the Banks Lenders materials and/or information provided by or on behalf of the Company Borrower and its Subsidiaries hereunder (collectively, “Borrower Materials”) to Banks and potential Banks by posting the Borrower Materials on IntraLinks or another similar electronic system (the “Platform”) and (bii) certain of the Banks or potential Banks Lenders may be “public-side” Banks Lenders (i.e., Banks Lenders that do not wish to receive material non-public information with respect to the Company Borrower or its securities) (each, a “Public BankLender”). The Company Borrower hereby agrees that it will use commercially reasonable efforts to identify that portion of the Borrower Materials that may be distributed to the Public Banks and that (wA) all Borrower Materials that are to be made available to Public Banks Lenders shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (xB) by marking Borrower Materials “PUBLIC,” the Company Borrower shall be deemed to have authorized the Lead Arrangers, Bank of AmericaAdministrative Agent, the Banks Issuing Lenders and the proposed Banks Lenders to treat such Borrower Materials as not containing any material non-public information with respect to the Company Borrower, its Subsidiaries or its their securities for purposes of United States Federal and state securities laws, it being understood that certain of such Borrower Materials may be subject to the confidentiality requirements of Section 14.14; (yC) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated “Public Investor;” and (zD) the Lead Arrangers and Bank of America Administrative Agent shall be entitled to treat any Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on, and shall only post such Borrower Materials on, the on a portion of the Platform not designated “Public Investor.” Notwithstanding the foregoingDocuments required to be delivered pursuant to Section 5.2(q) may be delivered electronically and if so delivered, the Company shall be under no obligation deemed to xxxx have been delivered on the date (i) on which the Borrower posts such documents, or provides a link thereto on the Borrower’s website on the Internet and (ii) on which such documents are posted on the Borrower’s behalf on an Internet or intranet website, if any, to which each Lender and the Administrative Agent have access (whether a commercial, third-party website or whether sponsored by the Administrative Agent); provided, however, that (A) the Borrower shall deliver paper copies of such documents to the Administrative Agent or any Lender that requests the Borrower Materials “PUBLIC”.to deliver such paper copies until a written request to cease delivering paper copies is given by the Administrative Agent or such Lender and (B) the Borrower shall notify the Administrative Agent and each Lender (by electronic mail) of the posting of any such documents;

Other Information. From Promptly, such additional financial and other information as the Administrative Agent, at the request of any Lender, may from time to time such other information concerning the Company and its Subsidiaries (including financial and management reports submitted to the Company by independent auditors in connection with each annual or interim audit made by such auditors of the books of the Company) as the Administrative Agent or any Bank through the Administrative Agent may reasonably request. Documents required to be delivered pursuant to Section 10.1.1, 10.1.2 7.01(a) or 10.1.4 (b) or Section 7.02(c) (to the extent any such documents are included in materials otherwise filed with the SEC) may be delivered electronically and, and if so delivered, shall be deemed to have been delivered on the date (i) on which the Company Borrower posts such documents, or provides a link thereto on the CompanyBorrower’s website on the Internet at the website address listed on Schedule 14.311.02; or (ii) on which such documents are posted on the CompanyBorrower’s behalf on an Internet or intranet website, if any, to which each Bank Lender and the Administrative Agent have access (whether a commercial, third-party website or whether sponsored by the Administrative Agent); provided that that: (i) the Company Borrower shall deliver paper copies of such documents to the Administrative Agent upon its written request to the Borrower to deliver such paper copies until a written request to cease delivering paper copies is given by the Administrative Agent and (ii) the Borrower shall notify the Administrative Agent (which may be by facsimile or electronic mail) the Administrative Agent (which shall notify each Bank) of the posting of any such document and, promptly upon request by the Administrative Agent, documents and provide to the Administrative Agent by electronic mail an electronic version versions (i.e., a soft copycopies) of any such document specifically requested by the Administrative Agentdocuments. The Administrative Agent shall have no obligation to request the delivery of or to maintain paper copies of the documents referred to above, and in any event shall have no responsibility to monitor compliance by the Company with any such request for delivery, and each Bank shall be solely responsible for requesting delivery to it or maintaining its copies of such documents. The Company Borrower hereby acknowledges that (a) the Administrative Agent and/or the Joint Lead Arrangers and/or Bank of America will may, but shall not be obligated to, make available to the Banks Lenders and the L/C Issuer materials and/or information provided by or on behalf of the Company Borrower hereunder (collectively, “Borrower Materials”) to Banks and potential Banks by posting the Borrower Materials on IntraLinks Debt Domain, IntraLinks, Syndtrak or another similar electronic system (the “Platform”) and (b) certain of the Banks or potential Banks Lenders (each a “Public Lender”) may be “public-side” Banks (i.e., Banks that have personnel who do not wish to receive material non-public information MNPI with respect to the Company Borrower or its Affiliates, or the respective securities of any of the foregoing, and who may be engaged in investment and other market-related activities with respect to such Persons’ securities) (each, a “Public Bank”). The Company Borrower hereby agrees that it will use commercially reasonable efforts to identify that portion of so long as the Borrower Materials is the issuer of any outstanding debt or equity securities that may be distributed to the Public Banks and that are registered (w) all Borrower Materials that are to be made available to Public Banks Lenders shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (x) by marking Borrower Materials “PUBLIC,” the Company Borrower shall be deemed to have authorized the Administrative Agent, the Joint Lead Arrangers, Bank of America, the Banks L/C Issuer and the proposed Banks Lenders to treat such Borrower Materials as not containing any material non-public information MNPI (although it may be sensitive and proprietary) with respect to the Company Borrower or its securities for purposes of United States Federal federal and state securities lawslaws (provided, it being understood however, that certain of to the extent such Borrower Materials may constitute Information, they shall be subject to the confidentiality requirements of treated as set forth in Section 14.1411.07); (y) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated “Public InvestorSide Information;” and (z) the Administrative Agent and the Joint Lead Arrangers and Bank of America shall be entitled to treat any Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on, and shall only post such Borrower Materials on, the on a portion of the Platform not designated “Public Investor.” Side Information”. Notwithstanding the foregoing, the Company Borrower shall be under no obligation to xxxx mark any Borrower Materials Mxxxxials “PUBLIC.”.

Other Information. From Promptly upon receiving a request therefor from the Administrative Agent (acting on its own behalf or at the request of any Lender or L/C Issuer), prepare and deliver to the Administrative Agent and the Lenders such other information with respect to the Company, any of its Subsidiaries, as from time to time such other information concerning the Company and its Subsidiaries (including financial and management reports submitted to the Company may be reasonably requested by independent auditors in connection with each annual or interim audit made by such auditors of the books of the Company) as the Administrative Agent or any Bank through the Administrative Agent may reasonably requestAgent. Documents required to be delivered pursuant to Section 10.1.1, 10.1.2 6.01(a) or 10.1.4 (b) or Section 6.02(e)(i) or (iii) (to the extent any such documents are included in materials otherwise filed with the SEC) may be delivered electronically and, and if so delivered, shall be deemed to have been delivered on the date (i) on which the Company posts such documents, or provides a link thereto on the Company’s website on the Internet at the website address listed on Schedule 14.310.02; or (ii) on which such documents are posted on the Company’s behalf on an Internet or intranet website, if any, to which each Bank Lender and the Administrative Agent have access (whether a commercial, third-party website or whether sponsored by the Administrative Agent); provided that that: (i) the Company shall deliver paper copies of such documents to the Administrative Agent or any Lender upon its request to the Company to deliver such paper copies until a written request to cease delivering paper copies is given by the Administrative Agent or such Lender and (ii) the Company shall notify the Administrative Agent and each Lender (which may be by facsimile or electronic mail) the Administrative Agent (which shall notify each Bank) of the posting of any such document and, promptly upon request by the Administrative Agent, documents and provide to the Administrative Agent by electronic mail an electronic version versions (i.e., a soft copycopies) of any such document specifically requested by the Administrative Agentdocuments. The Administrative Agent shall have no obligation to request the delivery of or to maintain paper copies of the documents referred to above, and in any event shall have no responsibility to monitor compliance by the Company with any such request by a Lender for delivery, and each Bank Lender shall be solely responsible for requesting delivery to it or maintaining its copies of such documents. The Company Each Borrower hereby acknowledges that (a) the Lead Administrative Agent and/or the Arrangers and/or Bank of America will may, but shall not be obligated to, make available to the Banks Lenders and the L/C Issuers materials and/or information provided by or on behalf of the Company such Borrower hereunder (collectively, “Borrower Materials”) to Banks and potential Banks by posting the Borrower Materials on IntraLinks DebtDomain, IntraLinks, Syndtrak or another similar electronic system (the “Platform”) and (b) certain of the Banks or potential Banks Lenders (each, a “Public Lender”) may be “public-side” Banks (i.e., Banks that have personnel who do not wish to receive material non-public information with respect to 67484784_12 any of the Company Borrowers or its their respective Affiliates, or the respective securities of any of the foregoing, and who may be engaged in investment and other market-related activities with respect to such Persons’ securities) (each, a “Public Bank”). The Company Each Borrower hereby agrees that it will use commercially reasonable efforts to identify that portion of the Borrower Materials that may be distributed to the Public Banks and that (w) all Borrower Materials that are to be made available to Public Banks Lenders shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (x) by marking Borrower Materials “PUBLIC,” the Company Borrowers shall be deemed to have authorized the Lead Administrative Agent, the Arrangers, Bank of America, the Banks L/C Issuers and the proposed Banks Lenders to treat such Borrower Materials as not containing any material non-public information with respect to the Company Borrowers or its their respective securities for purposes of United States Federal and state securities lawslaws (provided, it being understood however, that certain of to the extent such Borrower Materials may constitute Information, they shall be subject to the confidentiality requirements of treated as set forth in Section 14.1410.07); (y) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated “Public InvestorSide Information;” and (z) the Lead Administrative Agent and the Arrangers and Bank of America shall be entitled to treat any Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on, and shall only post such Borrower Materials on, the on a portion of the Platform not designated “Public InvestorSide Information.” Notwithstanding the foregoing, the Company no Borrower shall be under no any obligation to xxxx any Borrower Materials “PUBLIC.”.

Other Information. From Such other information respecting the business, condition (financial or otherwise), operations, performance, properties or prospects of any Loan Party or any of its Restricted Subsidiaries as the Administrative Agent, or any Lender Party through the Administrative Agent, may from time to time reasonably request; provided that, in no event will any Loan Party or any Restricted Subsidiary be required to provide any trade secrets or information to the extent that the provision thereof would violate any law, rule or regulation, or any obligation of confidentiality binding upon or waive any privilege that may be amended by, such Loan Party or Restricted Subsidiary or any Affiliate thereof; provided, further, that in the event that any Loan Party or Restricted Subsidiary does not provide any information in reliance on the immediately preceding proviso, the Borrower shall provide notice to the Administrative Agent promptly upon obtaining knowledge that such information is being withheld and the Borrower shall use commercially reasonable efforts to communicate (or procure that such other Loan Party or Restricted Subsidiary communicates), to the extent feasible, the applicable information concerning in a way that would not violate the Company applicable obligation or risk wavier of such privilege. Notwithstanding the foregoing, the obligations in paragraphs (b) and (c) of this Section 5.03 may be satisfied with respect to financial information of the Borrower and its Subsidiaries by furnishing the Form 10-K or 10-Q (including financial and management reports submitted to or the Company by independent auditors in connection with each annual or interim audit made by such auditors equivalent), as applicable, of the books Borrower filed with the SEC, provided that such materials are accompanied by the documentation specified in clauses (A) and (B) of the Companyparagraphs (b) as the Administrative Agent or any Bank through the Administrative Agent may reasonably requestand (c), respectively. Documents required to be delivered pursuant to Section 10.1.1, 10.1.2 5.03(b) or 10.1.4 (c) (to the extent any such documents are included in materials otherwise filed with the SEC) may be delivered electronically and, and if so delivered, shall be deemed to have been delivered on the date (i) on which the Company Borrower posts such documents, or provides a link thereto on the CompanyBorrower’s website on the Internet at the website address listed on Schedule 14.3in Section 9.02; or (ii) on which such documents are posted on the CompanyBorrower’s behalf on an Internet or intranet website, if any, to which each Bank Lender and the Administrative Agent have access (whether a commercial, third-party website or whether sponsored by the Administrative Agent); provided that that: the Company Borrower shall notify (which may be by facsimile or electronic mail) the Administrative Agent (which shall notify each Bank) deliver paper copies of the posting of any such document and, promptly upon request by the Administrative Agent, provide documents to the Administrative Agent by electronic mail an electronic version (i.e., or any Lender upon its written request to the Borrower to deliver such paper copies until a soft copy) of any such document specifically requested written request to cease delivering paper copies is given by the Administrative AgentAgent or such Lender. The Administrative Agent shall have no obligation to request the delivery of or to maintain paper copies of the documents referred to above, and in any event shall have no responsibility to monitor compliance by the Company Borrower with any such request by a Lender for delivery, and each Bank Lender shall be solely responsible for requesting delivery to it or maintaining its copies of such documents. The Company Borrower hereby acknowledges that (a) the Administrative Agent and/or the Lead Arrangers and/or Bank of America will may, but shall not be obligated to, make available to the Lenders and the Issuing Banks materials and/or information provided by or on behalf of the Company Borrower hereunder (collectively, “Borrower Materials”) to Banks and potential Banks by posting the Borrower Materials on IntraLinks IntraLinks, Syndtrak, ClearPar, or another a substantially similar electronic transmission system (the “Platform”) and (b) certain of the Banks or potential Banks Lenders (each, a “Public Lender”) may be “public-side” Banks (i.e., Banks that have personnel who do not wish to receive material non-public information with respect to the Company Borrower or its Affiliates, or the respective securities of any of the foregoing, and who may be engaged in investment and other market-related activities with respect to such Persons’ securities) (each, a “Public Bank”). The Company Borrower hereby agrees that it will use commercially reasonable efforts to identify that portion of the Borrower Materials that may be distributed to the Public Banks and that (w) all Borrower Materials that are to be made available to Public Banks Lenders shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (x) by marking Borrower Materials “PUBLIC,” the Company Borrower shall be deemed to have authorized the Administrative Agent, the Lead Arrangers, Bank of America, the Issuing Banks and the proposed Banks Lenders to treat such Borrower Materials as not containing any material non-public information with respect to the Company Borrower or its securities for purposes of United States Federal and state securities lawslaws (provided, it being understood however, that certain of to the extent such Borrower Materials may constitute information, they shall be subject to the confidentiality requirements of treated as set forth in Section 14.149.10); (y) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated “Public InvestorSide Information;” and (z) the Administrative Agent and the Lead Arrangers and Bank of America shall be entitled to treat any Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on, and shall only post such Borrower Materials on, the on a portion of the Platform not designated “Public InvestorSide Information.” Notwithstanding the foregoing, the Company shall be under no obligation to xxxx any Borrower Materials “PUBLIC”.76

Other Information. From time to time such other information concerning the Company Alterra Capital and its Subsidiaries (including financial and management reports submitted to the Company by independent auditors in connection with each annual or interim audit made by such auditors of the books of the Company) as the Administrative Agent or any Bank Lender through the Administrative Agent may reasonably request. Documents required to be delivered pursuant to Section 10.1.1, 10.1.2 6.01(a) or 10.1.4 Section 6.01(d) (to the extent any such documents are included in materials otherwise filed with the SEC) may be delivered electronically and, and if so delivered, shall be deemed to have been delivered on the date (i) on which the Company posts Borrowers post such documents, or provides provide a link thereto on the CompanyAlterra Capital’s or Alterra Bermuda’s respective website on the Internet at the respective website address listed on Schedule 14.311.02; or (ii) on which such documents are posted on the Company’s Borrowers’ behalf on an Internet or intranet website, if any, to which each Bank Lender and the Administrative Agent have access (whether a commercial, third-party website or whether sponsored by the Administrative Agent); provided that: (i) the Borrowers shall deliver paper copies of such documents to the Administrative Agent or any Lender that requests the Company Borrowers to deliver such paper copies until a written request to cease delivering paper copies is given by the Administrative Agent or such Lender and (ii) the Borrowers shall notify the Administrative Agent and each Lender (which may be by facsimile or electronic mail) the Administrative Agent (which shall notify each Bank) of the posting of any such document and, promptly upon request by the Administrative Agent, documents and provide to the Administrative Agent by electronic mail an electronic version versions (i.e., a soft copycopies) of any such document specifically requested by the Administrative Agentdocuments. The Administrative Agent shall have no obligation to request the delivery or to maintain copies of the documents referred to above, and in any event shall have no responsibility to monitor compliance by the Company Borrowers with any such request for delivery, and each Bank Lender shall be solely responsible for requesting delivery to it or maintaining its copies of such documents. The Company Borrowers hereby acknowledges acknowledge that (a) the Lead Administrative Agent and/or the Arrangers and/or Bank of America will make available to the Banks Lenders, the L/C Administrator and the Fronting Bank materials and/or information provided by or on behalf of the Company Borrowers hereunder (collectively, “Borrower Materials”) to Banks and potential Banks by posting the Borrower Materials on IntraLinks IntraLinks, Syndtrak or another similar electronic system (the “Platform”) and (b) certain of the Banks or potential Banks Lenders may be “public-side” Banks Lenders (i.e., Banks Lenders that do not wish to receive material non-public information with respect to the Company either Borrower or its securities) (each, a “Public BankLender”). The Company Borrowers hereby agrees that it will use commercially reasonable efforts to identify that portion of the Borrower Materials that may be distributed to the Public Banks and agree that (w) all Borrower Materials that are to be made available to Public Banks Lenders shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (x) by marking Borrower Materials “PUBLIC,” the Company Borrowers shall be deemed to have authorized the Lead Administrative Agent, the Arrangers, Bank of Americathe L/C Administrator, the Banks Fronting Bank and the proposed Banks Lenders to treat such Borrower Materials as not containing any material non-public information with respect to the Company such Borrower or its securities for purposes of United States Federal and state securities lawslaws (provided, it being understood that certain of to the extent such Borrower Materials may constitute Information, they shall be subject to the confidentiality requirements of treated as set forth in Section 14.1411.07); (y) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated “Public Investor;” ”; and (z) the Lead Administrative Agent and the Arrangers and Bank of America shall be entitled to treat any Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on, and shall only post such Borrower Materials on, the on a portion of the Platform not designated “Public Investor.” Notwithstanding the foregoing, the Company shall be under no obligation to xxxx any Borrower Materials “PUBLIC”.

Other Information. From Such other data and information as from time to time such other information concerning the Company and its Subsidiaries (including financial and management reports submitted to the Company may be reasonably requested by independent auditors in connection with each annual or interim audit made by such auditors of the books of the Company) as the Administrative Agent or any Bank Lender (through the Administrative Agent may reasonably requestAgent) or by the Required Lenders. Documents required to be delivered pursuant to Section 10.1.17.01(a), 10.1.2 Section 7.01(b) or 10.1.4 Section 7.01(d) (to the extent any such documents are included in materials otherwise filed with the SEC) may be delivered electronically and, and if so delivered, shall be deemed to have been delivered on the date (i) on which the Company posts such documents, or provides a link thereto on the Company’s website on the Internet at the website address listed on Schedule 14.311.02; or (ii) on which such documents are posted on the Company’s behalf on an Internet or intranet website, if any, to which each Bank Lender and the Administrative Agent have access (whether a commercial, third-party website or whether sponsored by the Administrative Agent); provided that that: the Company shall notify the Administrative Agent (which may be by facsimile or electronic mail) the Administrative Agent (which shall notify each Bank) of the posting of any such document and, promptly upon request by the Administrative Agent, documents and provide to the Administrative Agent by electronic mail an electronic version versions (i.e., a soft copycopies) of any such document specifically requested by documents. Except for such Compliance Certificates, the Administrative Agent. The Administrative Agent shall have no obligation to request the delivery or to maintain copies of the documents referred to above, and in any event shall have no responsibility to monitor compliance by the Company with any such request for delivery, and each Bank Lender shall be solely responsible for requesting delivery to it or maintaining its copies of such documents. The Company hereby acknowledges that (a) the Lead Administrative Agent and/or the Arrangers and/or Bank of America will make available to the Banks Lenders and the L/C Issuers materials and/or information provided by or on behalf of the Company hereunder (collectively, “Borrower Materials”) to Banks and potential Banks by posting the Borrower Materials on IntraLinks or another similar electronic system (the “Platform”) and (b) certain of the Banks or potential Banks Lenders (each, a “Public Lender”) may be “public-side” Banks (i.e., Banks that have personnel who do not wish to receive material non-public information with respect to the Company or its Affiliates, or the respective securities of any of the foregoing, and who may be engaged in investment and other market-related activities with respect to such Persons’ securities) (each, a “Public Bank”). The Company hereby agrees that so long as the Company is the issuer of any outstanding debt or equity securities that are registered or issued pursuant to a private offering or is actively contemplating issuing any such securities it will use commercially reasonable efforts to identify that portion of the Borrower Materials that may be distributed to the Public Banks Lenders and that (w) all such Borrower Materials that are made available to Public Banks shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (x) only by marking Borrower Materials “PUBLIC,” (or by expressly authorizing their posting as such in writing), will the Company shall be deemed to have authorized the Lead Administrative Agent, the Arrangers, Bank of America, the Banks L/C Issuers and the proposed Banks Lenders to treat such Borrower Materials as not containing any material non-public information (although it may be sensitive and proprietary) with respect to the Company or its securities for purposes of United States Federal and state securities laws, it being understood laws (provided that certain of to the extent such Borrower Materials may constitute Information, they shall be subject to the confidentiality requirements of treated as set forth in Section 14.1411.07); (y) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated “Public Investor;” Side Information”; and (z) the Lead Administrative Agent and the Arrangers and Bank of America shall treat any Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on, and shall only post such Borrower Materials on, the on a portion of the Platform not designated “Public InvestorSide Information.” Notwithstanding the foregoing, the Company shall be under no obligation Obligation to xxxx any Borrower Materials “PUBLIC”.” Notwithstanding anything to the contrary in this Section 7.01, (a) neither the Company nor its Subsidiaries will be required to make any disclosure to any Creditor Party that (i) is prohibited by law or any bona fide confidentiality agreement in favor of a Person (other than the Borrowers or any of their Subsidiaries or Affiliates) (the prohibition contained in which was not entered into in contemplation of this provision), or (ii) is subject to attorney-client or similar privilege or constitutes attorney work product or (iii) in the case of Section 7.01(h) only, creates an unreasonably excessive expense or burden on the 113 Company or any of its Subsidiaries to produce or otherwise disclose; and (b)(i) in the event that the Company delivers (or posts) to the Administrative Agent an Annual Report for the Company on Form 10-K for any Fiscal Year, as filed with the SEC, within 90 days after the end of such Fiscal Year, such Form 10-K shall satisfy all requirements of paragraph (a) of this Section 7.01 with respect to such Fiscal Year and (ii) in the event that the Company delivers (or posts) to the Administrative Agent a Quarterly Report for the Company on Form 10-Q for any Fiscal Quarter, as filed with the SEC, within 45 days after the end of such Fiscal Quarter, such Form 10-Q shall satisfy all requirements of paragraph (b) of this Section 7.01 with respect to such Fiscal Quarter to the extent that it contains the information required by such paragraph (b); in each case to the extent that information contained in such Form 10-K or Form 10-Q satisfies the requirements of paragraphs (a) or (b) of this Section 7.01, as the case may be. Compliance Certificates . Commencing with the delivery of the financial statements required pursuant to Section 7.01(a) for the first full Fiscal Quarter ending after the Closing Date, deliver to the Administrative Agent for distribution to the Lenders within the required time period for delivery of financial statements required pursuant to Section 7.01(a) and Section 7.01(b), Compliance Certificates signed by a Responsible Officer. Minimum Liquidity Certificates . As soon as available and in any event within 10 Business Days following the last day of each calendar month occurring during the Covenant Relief Period, the Company shall furnish to the Administrative Agent a certificate of a Responsible Officer setting forth in reasonable detail the computations necessary to determine whether the Company and its Restricted Subsidiaries were in compliance with Section 8.15 on the last day of the calendar month to which such certificate relates. NEGATIVE COVENANTS So long as the Termination Conditions have not been satisfied, each Borrower shall, and shall cause each of the Restricted Subsidiaries to comply with the following covenants: Mergers, Consolidations and Asset Sales . Neither the Borrowers nor any Restricted Subsidiary will wind up, liquidate or dissolve its affairs or enter into any transaction of merger or consolidation (including, in each case, pursuant to a Delaware LLC Division), or make any Asset Sale, except for the following (and in each case, to the extent applicable, the Net Available Proceeds therefrom shall be applied as specified in Section 2.04(b)(iii)):

Other Information. From Promptly upon receiving a request therefor from the Administrative Agent (acting on its own behalf or at the request of any Lender or L/C Issuer), prepare and deliver to the Administrative Agent and the Lenders such other information with respect to the Company, any of its Subsidiaries, as from time to time such other information concerning the Company and its Subsidiaries (including financial and management reports submitted to the Company may be reasonably requested by independent auditors in connection with each annual or interim audit made by such auditors of the books of the Company) as the Administrative Agent or any Bank through the Administrative Agent may reasonably requestAgent. Documents required to be delivered pursuant to Section 10.1.1, 10.1.2 6.01(a) or 10.1.4 (b) or Section 6.02(e)(i) or (iii) (to the extent any such documents are included in materials otherwise filed with the SEC) may be delivered electronically and, and if so delivered, shall be deemed to have been delivered on the date (i) on which the Company posts such documents, or provides a link thereto on the Company’s website on the Internet at the website address listed on Schedule 14.310.02; or (ii) on which such documents are posted on the Company’s behalf on an Internet or intranet website, if any, to which each Bank Lender and the Administrative Agent have access (whether a commercial, third-party website or whether sponsored by the Administrative Agent); provided that that: (i) the Company shall deliver paper copies of such documents to the Administrative Agent or any Lender upon its request to the Company to deliver such paper copies until a written request to cease delivering paper copies is given by the Administrative Agent or such Lender and (ii) the Company shall notify the Administrative Agent and each Lender (which may be by facsimile or electronic mail) the Administrative Agent (which shall notify each Bank) of the posting of any such document and, promptly upon request by the Administrative Agent, documents and provide to the Administrative Agent by electronic mail an electronic version versions (i.e., a soft copycopies) of any such document specifically requested by the Administrative Agentdocuments. The Administrative Agent shall have no obligation to request the delivery of or to maintain paper copies of the documents referred to above, and in any event shall have no responsibility to monitor compliance by the Company with any such request by a Lender for delivery, and each Bank Lender shall be solely responsible for requesting delivery to it or maintaining its copies of such documents. The Company Each Borrower hereby acknowledges that (a) the Lead Administrative Agent and/or the Arrangers and/or Bank of America will may, but shall not be obligated to, make available to the Banks Lenders and the L/C Issuers materials and/or information provided by or on behalf of the Company such Borrower hereunder (collectively, “Borrower Materials”) to Banks and potential Banks by posting the Borrower Materials on IntraLinks DebtDomain, IntraLinks, Syndtrak or another similar electronic system (the “Platform”) and (b) certain of the Banks or potential Banks Lenders (each, a “Public Lender”) may be “public-side” Banks (i.e., Banks that have personnel who do not wish to receive material non-public information with respect to any of the Company Borrowers or its their respective Affiliates, or the respective securities of any of the foregoing, and who may be engaged in investment and other market-related activities with respect to such Persons’ securities) (each, a “Public Bank”). The Company Each Borrower hereby agrees that it will use commercially reasonable efforts to identify that portion of the Borrower Materials that may be distributed to the Public Banks and that (w) all Borrower Materials that are to be made available to Public Banks Lenders shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (x) by marking Borrower Materials “PUBLIC,” the Company Borrowers shall be deemed to have authorized the Lead Administrative Agent, the Arrangers, Bank of America, the Banks L/C Issuers and the proposed Banks Lenders to treat such Borrower Materials as not containing any material non-public information with respect to the Company Borrowers or its their respective securities for purposes of United States Federal and state securities lawslaws (provided, it being understood however, that certain of to the extent such Borrower Materials may constitute Information, they shall be subject to the confidentiality requirements of treated as set forth in Section 14.1410.07); (y) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated “Public InvestorSide Information;” and (z) the Lead Administrative Agent and the Arrangers and Bank of America shall be entitled to treat any Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on, and shall only post such Borrower Materials on, the on a portion of the Platform not designated 94 68208499_3 “Public InvestorSide Information.” Notwithstanding the foregoing, the Company no Borrower shall be under no any obligation to xxxx any Borrower Materials “PUBLIC.”.