Common use of Access to CIT’s System Clause in Contracts

Access to CIT’s System. CIT shall provide to the Funds Administrator access to CIT's System during normal business hours, for the purposes of (i) obtaining information regarding loan balances and Net Availability, and (ii) if permitted by CIT, making requests for Revolving Loans and submitting borrowing base certificates. Such access shall be subject to the following terms, in addition to all terms set forth on the website for CIT's System: (a) CIT shall provide to the Funds Administrator an initial password for secured access to CIT's System. The Funds Administrator shall provide CIT with a list of officers and employees that are authorized from time to time to access CIT's System, and the Funds Administrator agrees to limit access to the password and CIT's System to such authorized officers and employees. After the initial access, the Funds Administrator shall be solely responsible for (i) changing and maintaining the integrity of the Funds Administrator's password and (ii) any unauthorized use of the Funds Administrator's password or CIT's System by any Company's officers and employees. (b) The Companies shall use CIT's System and the Companies' information thereon solely for the purposes permitted above, and shall not access CIT's System for the benefit of third parties or provide any information obtained from CIT's System to third parties. CIT makes no representation that loan balance or Net Availability information is or will be available, accurate, complete, correct or current at all times. CIT's System may be inoperable or inaccessible from time to time, whether for required website maintenance, upgrades to CIT's System, or for other reasons, and in any such event the Funds Administrator must obtain loan balance and Net Availability information, and (if permitted by CIT) make requests for Revolving Loans and submit borrowing base certificates using other available means. (c) The Companies hereby confirm and agree that CIT's System consists of proprietary software, data, tools, scripts, algorithms, business logic, website designs and interfaces and related intellectual property, information and documentation. CIT's System and related intellectual property, information and documentation are the sole and exclusive property of CIT, and the Companies shall have no right, title or interest therein or thereto, except for the limited right to access CIT's System for the purposes permitted above. Upon termination of this Financing Agreement, the Companies agree to cease any use of CIT's System. (d) All agreements, covenants and representations and warranties made by the Funds Administrator in any borrowing base certificate submitted to CIT by means of CIT's System are incorporated herein by reference and shall be deemed to be made by each Company.

Access to CIT’s System. CIT The Agent shall provide to the Funds Administrator access to CIT's ’s System during normal business hours, for the purposes of (i) obtaining information regarding loan balances and Net Availability, and (ii) if permitted by CITthe Agent, making requests for Revolving Loans and submitting borrowing base certificatesBorrowing Base Certificates. Such access shall be subject to the following terms, in addition to all terms set forth on the website for CIT's ’s System: (a) CIT The Agent shall provide to the Funds Administrator an initial password for secured access to CIT's ’s System. The Funds Administrator shall provide CIT the Agent with a list of officers and employees that are authorized from time to time to access CIT's ’s System, and the Funds Administrator agrees to limit access to the password and CIT's ’s System to such authorized officers and employees. After the initial access, the Funds Administrator shall be solely responsible for (i) changing and maintaining the integrity of the Funds Administrator's ’s password and (ii) any unauthorized use of the Funds Administrator's ’s password or CIT's ’s System by any Company's ’s officers and employees. (b) The Companies shall use CIT's ’s System and the Companies' ’ information thereon solely for the purposes permitted above, and shall not access CIT's ’s System for the benefit of third parties or provide any information obtained from CIT's ’s System to third parties. CIT The Agent makes no representation that loan balance or Net Availability information is or will be available, accurate, complete, correct or current at all times. CIT's ’s System may be inoperable or inaccessible from time to time, whether for required website maintenance, upgrades to CIT's ’s System, or for other reasons, and in any such event the Funds Administrator must obtain loan balance and Net Availability information, and (if permitted by CITthe Agent) make requests for Revolving Loans and submit borrowing base certificates Borrowing Base Certificates using other available means. (c) The Companies hereby confirm and agree that CIT's ’s System consists consist of proprietary software, data, tools, scripts, algorithms, business logic, website designs and interfaces and related intellectual property, information and documentation. CIT's ’s System and related intellectual property, information and documentation are the sole and exclusive property of CITthe Agent, and the Companies shall have no right, title or interest therein or thereto, except for the limited right to access CIT's ’s System for the purposes permitted above. Upon termination of this Financing Agreement, the Companies agree to cease any use of CIT's ’s System. (d) All agreements, covenants and representations and warranties made by the Funds Administrator in any borrowing base certificate Borrowing Base Certificate submitted to CIT the Agent by means of CIT's ’s System are incorporated herein by reference and shall be deemed to be made by each Company.

Access to CIT’s System. CIT shall provide to the Funds Administrator Companies access to CIT's ’s System during normal business hours, subject to CIT’s normal charges and rates, for the purposes of (i) obtaining information regarding loan balances and Net Availability, and (ii) if permitted by CIT, making requests for Revolving Loans and submitting borrowing base certificatesBorrowing Base Certificates. Such access shall be subject to the following terms, in addition additional to all terms set forth on the website for CIT's ’s System:; (a) CIT shall provide to the Funds Administrator Companies an initial password for secured access to CIT's ’s System. The Funds Administrator Companies shall provide CIT with a list of officers and employees that are authorized from time to time to access CIT's ’s System, and the Funds Administrator agrees Companies agree to limit access to the password and CIT's ’s System to such authorized officers and employees. After the initial access, the Funds Administrator Companies shall be solely responsible for (i) changing and maintaining the integrity of the Funds Administrator's Companies’ password and (ii) any unauthorized use of the Funds Administrator's Companies’ password or CIT's ’s System by any Company's the Companies’ officers and employees. (b) The Companies shall use CIT's ’s System and the Companies' ’ information thereon solely for the purposes permitted above, and shall not access CIT's ’s System for the benefit of third parties or provide any information obtained from CIT's ’s System to third parties. , CIT makes no representation that loan balance or Net Availability information is or will be available, accurate, complete, correct or current at all times. CIT's ’s System may be inoperable or inaccessible from time to time, whether for required website maintenance, upgrades to CIT's ’s System, or for other reasons, and in any such event the Funds Administrator Companies must obtain loan balance and Net Availability information, and (if permitted by CIT) make requests for Revolving revolving Loans and submit borrowing base certificates Borrowing Base Certificates using other available means. (c) The Companies hereby confirm and agree that CIT's System consists of proprietary software, data, tools, scripts, algorithms, business logic, website designs and interfaces and related intellectual property, information and documentation. CIT's System and related intellectual property, information and documentation are the sole and exclusive property of CIT, and the Companies shall have no right, title or interest therein or thereto, except for the limited right to access CIT's System for the purposes permitted above. Upon termination of this Financing Agreement, the Companies agree to cease any use of CIT's System. (d) All agreements, covenants and representations and warranties made by the Funds Administrator in any borrowing base certificate submitted to CIT by means of CIT's System are incorporated herein by reference and shall be deemed to be made by each Company.

Access to CIT’s System. CIT The Agent shall provide to the Funds Administrator Borrowing Agent access to CIT's System during normal business hours, for the purposes of (i) obtaining information regarding loan balances and Net Availability, and (ii) if permitted by CITthe Agent, making requests for Revolving Loans and submitting borrowing base certificates. Such access shall be subject to the following terms, in addition to all terms set forth on the website for CIT's System: (a) CIT The Agent shall provide to the Funds Administrator Borrowing Agent an initial password for secured access to CIT's System. The Funds Administrator Borrowing Agent shall provide CIT the Agent with a list of officers and employees that are authorized from time to time to access CIT's System, and the Funds Administrator Borrowing Agent agrees to limit access to the password and CIT's System to such authorized officers and employees. After the initial access, the Funds Administrator Borrowing Agent shall be solely responsible for (i) changing and maintaining the integrity of the Funds AdministratorBorrowing Agent's password and (ii) any unauthorized use of the Funds AdministratorBorrowing Agent's password or CIT's System by any Companythe Borrowing Agent's officers and employees. (b) The Companies Borrowing Agent shall use the CIT's System and the Companies' Borrowing Agent's information thereon solely for the purposes permitted above, and shall not access the CIT's System for the benefit of third parties or provide any information obtained from the CIT's System to third parties. CIT The Agent makes no representation that loan balance or Net Availability information is or will be available, accurate, complete, correct or current at all times. CIT's System may be inoperable or inaccessible from time to time, whether for required website maintenance, upgrades to CIT's System, or for other reasons, and in any such event the Funds Administrator Borrowing Agent must obtain loan balance and Net Availability information, and (if permitted by CITthe Agent) make requests for Revolving Loans and submit borrowing base certificates using other available means. (c) The Companies Borrowing Agent hereby confirm confirms and agree agrees that CIT's System consists consist of proprietary software, data, tools, scripts, algorithms, business logic, website designs and interfaces and related intellectual property, information and documentation. CIT's System and related intellectual property, information and documentation are the sole and exclusive property of CITthe Agent, and the Companies Borrowing Agent shall have no right, title or interest therein or thereto, except for the limited right to access CIT's System for the purposes permitted above. Upon termination of this Financing Agreement, the Companies agree Borrowing Agent agrees to cease any use of the CIT's System. (d) All agreements, covenants and representations and warranties made by the Funds Administrator Borrowing Agent in any borrowing base certificate submitted to CIT the Agent by means of CIT's System are incorporated herein by reference and shall be deemed to be made by each Companyreference.

Access to CIT’s System. CIT shall provide to the Funds Administrator Company access to CIT's ’s System during normal business hours, for the purposes of (i) obtaining information regarding loan balances and Net Availability, and (ii) if permitted by CIT, making requests for Revolving Loans and submitting borrowing base certificates. Such access shall be subject to the following terms, in addition to all terms set forth on the website for CIT's ’s System: (a) CIT shall provide to the Funds Administrator Company an initial password for secured access to CIT's ’s System. The Funds Administrator Company shall provide CIT with a list of officers and employees that are authorized from time to time to access CIT's ’s System, and the Funds Administrator Company agrees to limit access to the password and CIT's ’s System to such authorized officers and employees. After the initial access, the Funds Administrator Company shall be solely responsible for (i) changing and maintaining the integrity of the Funds Administrator's Company’s password and (ii) any unauthorized use of the Funds Administrator's Company’s password or CIT's ’s System by any the Company's ’s officers and employees. (b) The Companies Company shall use the CIT's ’s System and the Companies' Company’s information thereon solely for the purposes permitted above, and shall not access the CIT's ’s System for the benefit of third parties or provide any information obtained from the CIT's ’s System to third parties. CIT makes no representation that loan balance or Net Availability information is or will be available, accurate, complete, correct or current at all times. CIT's ’s System may be inoperable or inaccessible from time to time, whether for required website maintenance, upgrades to CIT's ’s System, or for other reasons, and in any such event the Funds Administrator Company must obtain loan balance and Net Availability information, and (if permitted by CIT) make requests for Revolving Loans and submit borrowing base certificates using other available means. (c) The Companies Company hereby confirm confirms and agree agrees that CIT's ’s System consists consist of proprietary software, data, tools, scripts, algorithms, business logic, website designs and interfaces and related intellectual property, information and documentation. CIT's ’s System and related intellectual property, information and documentation are the sole and exclusive property of CIT, and the Companies Company shall have no right, title or interest therein or thereto, except for the limited right to access CIT's ’s System for the purposes permitted above. Upon termination of this Financing Agreement, the Companies agree Company agrees to cease any use of the CIT's ’s System. (d) All agreements, covenants and representations and warranties made by the Funds Administrator Company in any borrowing base certificate submitted to CIT by means of CIT's ’s System are incorporated herein by reference and shall be deemed to be made by each Companyreference.

Access to CIT’s System. CIT shall provide to the Funds Administrator Company access to CIT's System during normal business hours, for the purposes of (i) obtaining information regarding loan balances and Net Availabilitybalances, and (ii) if permitted by CIT, making requests for Revolving Loans and submitting borrowing base certificatesLoans. Such access shall be subject to the following terms, in addition to all terms set forth on the website for CIT's System: (a) CIT shall provide to the Funds Administrator Company an initial password for secured access to CIT's System. The Funds Administrator Company shall provide CIT with a list of officers and employees that are authorized from time to time to access CIT's System, and the Funds Administrator Company agrees to limit access to the password and CIT's System to such authorized officers and employees. After the initial access, the Funds Administrator Company shall be solely responsible for (i) changing and maintaining the integrity of the Funds AdministratorCompany's password and (ii) any unauthorized use of the Funds AdministratorCompany's password or CIT's System by any the Company's officers and employees. (b) The Companies Company shall use the CIT's System and the Companies' Company's information thereon solely for the purposes permitted above, and shall not access the CIT's System for the benefit of third parties or provide any information obtained from the CIT's System to third parties. CIT makes no representation that loan balance or Net Availability information is or will be available, accurate, complete, correct or current at all times. CIT's System may be inoperable or inaccessible from time to time, whether for required website maintenance, upgrades to CIT's System, or for other reasons, and in any such event the Funds Administrator Company must obtain loan balance and Net Availability information, and (if permitted by CIT) make requests for Revolving Loans and submit borrowing base certificates using other available means. (c) The Companies Company hereby confirm confirms and agree agrees that CIT's System consists consist of proprietary software, data, tools, scripts, algorithms, business logic, website designs and interfaces and related intellectual property, information and documentation. CIT's System and related intellectual property, information and documentation are the sole and exclusive property of CIT, and the Companies Company shall have no right, title or interest therein or thereto, except for the limited right to access CIT's System for the purposes permitted above. Upon termination of this Financing Agreement, the Companies agree Company agrees to cease any use of CIT's System. (d) All agreements, covenants and representations and warranties made by the Funds Administrator Company in any borrowing base certificate document submitted to CIT by means of CIT's System are incorporated herein by reference and shall be deemed to be made by each Companyreference.

Access to CIT’s System. CIT Administrative Agent shall provide to the Funds Administrator Borrower Representative access to CIT's ’s System during normal business hours, for the purposes of (i) obtaining information regarding loan balances and Net Availability, and (ii) if permitted by CITAdministrative Agent, making requests for Revolving Loans and submitting borrowing base certificatesBorrowing Base Reports. Such access shall be subject to the following terms, in addition to all terms set forth on the website for CIT's ’s System: (a) CIT Administrative Agent shall provide to the Funds Administrator Borrower Representative an initial password for secured access to CIT's ’s System. The Funds Administrator Borrower Representative shall provide CIT Administrative Agent with a list of officers and employees that are authorized from time to time to access CIT's ’s System, and the Funds Administrator Borrower Representative agrees to limit access to the password and CIT's ’s System to such authorized officers and employees. After the initial access, the Funds Administrator Borrower Representative shall be solely responsible for (i) changing and maintaining the integrity of the Funds Administrator's Borrower Representative’s password and (ii) any unauthorized use of the Funds Administrator's Borrower Representative’s password or CIT's ’s System by any Company's Borrower’s officers and employees. (b) The Companies Borrowers shall use CIT's ’s System and the Companies' Borrowers’ information thereon solely for the purposes permitted above, and shall not access CIT's ’s System for the benefit of third parties or provide any information obtained from CIT's ’s System to third parties. CIT Administrative Agent makes no representation that loan balance or Net Availability information is or will be available, accurate, complete, correct or current at all times. CIT's ’s System may be inoperable or inaccessible from time to time, whether for required website maintenance, upgrades to CIT's ’s System, or for other reasons, and in any such event the Funds Administrator Borrower Representative must obtain loan balance and Net Availability information, and (if permitted by CITAdministrative Agent) make requests for Revolving Loans and submit borrowing base certificates Borrowing Base Reports using other available means. (c) The Companies Borrowers hereby confirm and agree that CIT's ’s System consists of proprietary software, data, tools, scripts, algorithms, business logic, website designs and interfaces and related intellectual property, information and documentation. CIT's ’s System and related intellectual property, information and documentation are the sole and exclusive property of CITAdministrative Agent, and the Companies Borrowers shall have no right, title or interest therein or thereto, except for the limited right to access CIT's ’s System for the purposes permitted above. Upon termination of this Financing Agreement, the Companies Borrowers agree to cease any use of CIT's ’s System. (d) . All agreements, covenants and representations and warranties made by the Funds Administrator Borrower Representative in any borrowing base certificate Borrowing Base Report submitted to CIT Administrative Agent by means of CIT's ’s System are incorporated herein by reference and shall be deemed to be made by each CompanyBorrower.

Access to CIT’s System. CIT The Agent shall provide to the Funds Administrator access to CIT's ’s System during normal business hours, for the purposes of (i) obtaining information regarding loan balances and Net Availability, and (ii) if permitted by CITthe Agent, making requests for Revolving Loans and submitting borrowing base certificates. Such access shall be subject to the following terms, in addition to all terms set forth on the website for CIT's ’s System: (a) CIT The Agent shall provide to the Funds Administrator an initial password for secured access to CIT's ’s System. The Funds Administrator shall provide CIT the Agent with a list of officers and employees that are authorized from time to time to access CIT's ’s System, and the Funds Administrator agrees to limit access to the password and CIT's ’s System to such authorized officers and employees. After the initial access, the Funds Administrator shall be solely responsible for (i) changing and maintaining the integrity of the Funds Administrator's ’s password and (ii) any unauthorized use of the Funds Administrator's ’s password or CIT's ’s System by any Company's the Funds Administrator’s officers and employees. (b) The Companies shall use CIT's ’s System and the Companies' ’ information thereon solely for the purposes permitted above, and shall not access the CIT's ’s System for the benefit of third parties or provide any information obtained from the CIT's ’s System to third parties. CIT The Agent makes no representation that loan balance or Net Availability information is or will be available, accurate, complete, correct or current at all times. CIT's ’s System may be inoperable or inaccessible from time to time, whether for required website maintenance, upgrades to CIT's ’s System, or for other reasons, and in any such event the Funds Administrator Companies must obtain loan balance and Net Availability information, and (if permitted by CITthe Agent) make requests for Revolving Loans and submit borrowing base certificates using other available means. (c) The Companies hereby confirm and agree that CIT's ’s System consists consist of proprietary software, data, tools, scripts, algorithms, business logic, website designs and interfaces and related intellectual property, information and documentation. CIT's ’s System and related intellectual property, information and documentation are the sole and exclusive property of CITthe Agent, and the Companies shall have no right, title or interest therein or thereto, except for the limited right to access CIT's ’s System for the purposes permitted above. Upon termination of this Financing Agreement, the Companies agree each Company agrees to cease any use of the CIT's ’s System. (d) All agreements, covenants and representations and warranties made by the Funds Administrator any Company in any borrowing base certificate submitted to CIT the Agent by means of CIT's ’s System are incorporated herein by reference and shall be deemed to be made by each Companyreference.

Access to CIT’s System. CIT The Agent shall provide to the Funds Administrator Company access to CIT's System during normal business hours, for the purposes of (i) obtaining information regarding loan balances and Net Availability, and (ii) if permitted by CITthe Agent, making requests for Revolving Loans and submitting borrowing base certificates. Such access shall be subject to the following terms, in addition to all terms set forth on the website for CIT's System: (a) CIT The Agent shall provide to the Funds Administrator Company an initial password for secured access to CIT's System. The Funds Administrator Company shall provide CIT the Agent with a list of officers and employees that are authorized from time to time to access CIT's System, and the Funds Administrator Company agrees to limit access to the password and CIT's System to such authorized officers and employees. After the initial access, the Funds Administrator Company shall be solely responsible for (i) changing and maintaining the integrity of the Funds AdministratorCompany's password and (ii) any unauthorized use of the Funds AdministratorCompany's password or CIT's System by any the Company's officers and employees. (b) The Companies Company shall use CIT's System and the Companies' Company's information thereon solely for the purposes permitted above, and shall not access CIT's System for the benefit of third parties or provide any information obtained from CIT's System to third parties. CIT The Agent makes no representation that loan balance or Net Availability information is or will be available, accurate, complete, correct or current at all times. CIT's System may be inoperable or inaccessible from time to time, whether for required website maintenance, upgrades to CIT's System, or for other reasons, and in any such event the Funds Administrator Company must obtain loan balance and Net Availability information, and (if permitted by CITthe Agent) make requests for Revolving Loans and submit borrowing base certificates using other available means. (c) The Companies Company hereby confirm confirms and agree agrees that CIT's System consists consist of proprietary software, data, tools, scripts, algorithms, business logic, website designs and interfaces and related intellectual property, information and documentation. CIT's System and related intellectual property, information and documentation are the sole and exclusive property of CITthe Agent, and the Companies Company shall have no right, title or interest therein or thereto, except for the limited right to access CIT's System for the purposes permitted above. Upon termination of this Financing Agreement, the Companies agree Company agrees to cease any use of CIT's System. (d) All agreements, covenants and representations and warranties made by the Funds Administrator Company in any borrowing base certificate submitted to CIT the Agent by means of CIT's System are incorporated herein by reference and shall be deemed to be made by each Companyreference.

Access to CIT’s System. CIT The Agent shall provide to the Funds Administrator access to CIT's System during normal business hours, for the purposes of (i) obtaining information regarding loan balances and Net Availability, and (ii) if permitted by CITthe Agent, making requests for Revolving Loans and submitting borrowing base certificatesBorrowing Base Certificates. Such access shall be subject to the following terms, in addition to all terms set forth on the website for CIT's System: (a) CIT The Agent shall provide to the Funds Administrator an initial password for secured access to CIT's System. The Funds Administrator shall provide CIT the Agent with a list of officers and employees that are authorized from time to time to access CIT's System, and the Funds Administrator agrees to limit access to the password and CIT's System to such authorized officers and employees. After the initial access, the Funds Administrator shall be solely responsible for (i) changing and maintaining the integrity of the Funds Administrator's password and (ii) any unauthorized use of the Funds Administrator's password or CIT's System by any Company's officers and employees. (b) The Companies shall use CIT's System and the Companies' information thereon solely for the purposes permitted above, and shall not access CIT's System for the benefit of third parties or provide any information obtained from CIT's System to third parties. CIT The Agent makes no representation that loan balance or Net Availability information is or will be available, accurate, complete, correct or current at all times. CIT's System may be inoperable or inaccessible from time to time, whether for required website maintenance, upgrades to CIT's System, or for other reasons, and in any such event the Funds Administrator must obtain loan balance and Net Availability information, and (if permitted by CITthe Agent) make requests for Revolving Loans and submit borrowing base certificates Borrowing Base Certificates using other available means. (c) The Companies hereby confirm and agree that CIT's System consists consist of proprietary software, data, tools, scripts, algorithms, business logic, website designs and interfaces and related intellectual property, information and documentation. CIT's System and related intellectual property, information and documentation are the sole and exclusive property of CITthe Agent, and the Companies shall have no right, title or interest therein or thereto, except for the limited right to access CIT's System for the purposes permitted above. Upon termination of this Financing Agreement, the Companies agree to cease any use of CIT's System. (d) All agreements, covenants and representations and warranties made by the Funds Administrator in any borrowing base certificate Borrowing Base Certificate submitted to CIT the Agent by means of CIT's System are incorporated herein by reference and shall be deemed to be made by each Company.

Access to CIT’s System. CIT The Agent shall provide to the Funds Administrator access to CIT's ’s System during normal business hours, for the purposes of (i) obtaining information regarding loan balances and Net Availability, and (ii) if permitted by CITthe Agent, making requests for Revolving Loans and submitting borrowing base certificatesBorrowing Base Certificates. Such access shall be subject to the following terms, in addition to all terms set forth on the website for CIT's ’s System: (a) CIT The Agent shall provide to the Funds Administrator an initial password for secured access to CIT's ’s System. The Funds Administrator shall provide CIT the Agent with a list of officers and employees that are authorized from time to time to access CIT's ’s System, and the Funds Administrator agrees to limit access to the password and CIT's ’s System to such authorized officers and employees. After the initial access, the Funds Administrator shall be solely responsible for (i) changing and maintaining the integrity of the Funds Administrator's ’s password and (ii) any unauthorized use of the Funds Administrator's ’s password or CIT's ’s System by any Company's ’s officers and employees. (b) The Companies shall use CIT's ’s System and the Companies' ’ information thereon solely for the purposes permitted above, and shall not access CIT's ’s System for the benefit of third parties or provide any information obtained from CIT's ’s System to third parties. CIT The Agent makes no representation that loan balance or Net Availability information is or will be available, accurate, complete, correct or current at all times. CIT's ’s System may be inoperable or inaccessible from time to time, whether for required website maintenance, upgrades to CIT's ’s System, or for other reasons, and in any such event the Funds Administrator must obtain loan balance and Net Availability informationbalance, and (if permitted by CITthe Agent) make requests for Revolving Loans and submit borrowing base certificates Borrowing Base Certificates using other available means. (c) The Companies hereby confirm and agree that CIT's ’s System consists consist of proprietary software, data, tools, scripts, algorithms, business logic, website designs and interfaces and related intellectual property, information and documentation. CIT's ’s System and related intellectual property, information and documentation are the sole and exclusive property of CITthe Agent, and the Companies shall have no right, title or interest therein or thereto, except for the limited right to access CIT's ’s System for the purposes permitted above. Upon termination of this Financing AgreementAgreement or the Commitments of the Lenders hereunder, the Companies agree to cease any use of CIT's ’s System. (d) All agreements, covenants and representations and warranties made by the Funds Administrator in any borrowing base certificate Borrowing Base Certificate submitted to CIT the Agent by means of CIT's ’s System are incorporated herein by reference and shall be deemed to be made by each Company.

Access to CIT’s System. CIT The Agent shall provide to the Funds Administrator Company access to CIT's ’s System during normal business hours, for the purposes of (i) obtaining information regarding loan balances and Net Availability, and (ii) if permitted by CITthe Agent, making requests for Revolving Loans and submitting borrowing base certificates. Such access shall be subject to the following terms, in addition to all terms set forth on the website for CIT's ’s System: (a) CIT The Agent shall provide to the Funds Administrator Company an initial password for secured access to CIT's ’s System. The Funds Administrator Company shall provide CIT the Agent with a list of officers and employees that are authorized from time to time to access CIT's ’s System, and the Funds Administrator Company agrees to limit access to the password and CIT's ’s System to such authorized officers and employees. After the initial access, the Funds Administrator Company shall be solely responsible for (i) changing and maintaining the integrity of the Funds Administrator's Company’s password and (ii) any unauthorized use of the Funds Administrator's Company’s password or CIT's ’s System by any the Company's ’s officers and employees. (b) The Companies Company shall use CIT's ’s System and the Companies' Company’s information thereon solely for the purposes permitted above, and shall not access CIT's ’s System for the benefit of third parties or provide any information obtained from CIT's ’s System to third parties. CIT The Agent makes no representation that loan balance or Net Availability information is or will be available, accurate, complete, correct or current at all times. CIT's ’s System may be inoperable or inaccessible from time to time, whether for required website maintenance, upgrades to CIT's ’s System, or for other reasons, and in any such event the Funds Administrator Company must obtain loan balance and Net Availability information, and (if permitted by CITthe Agent) make requests for Revolving Loans and submit borrowing base certificates using other available means. (c) The Companies Company hereby confirm confirms and agree agrees that CIT's ’s System consists of proprietary software, data, tools, scripts, algorithms, business logic, website designs and interfaces and related intellectual property, information and documentation. CIT's ’s System and related intellectual property, information and documentation are the sole and exclusive property of CITthe Agent, and the Companies Company shall have no right, title or interest therein or thereto, except for the limited right to access CIT's ’s System for the purposes permitted above. Upon termination of this Financing Agreement, the Companies agree Company agrees to cease any use of CIT's System’s System (which agreement shall survive such termination). (d) All agreements, covenants and representations and warranties made by the Funds Administrator Company in any borrowing base certificate submitted to CIT the Agent by means of CIT's ’s System are incorporated herein by reference and shall be deemed to be made by each Companyreference.

Access to CIT’s System. CIT The Agent shall provide to the Funds Administrator access to CIT's ’s System during normal business hours, for the purposes of (i) obtaining information regarding loan balances and Net Availability, and (ii) if permitted by CITthe Agent, making requests for Revolving Loans and submitting borrowing base certificates. Such access shall be subject to the following terms, in addition to all terms set forth on the website for CIT's ’s System: (a) CIT The Agent shall provide to the Funds Administrator an initial password for secured access to CIT's ’s System. The Funds Administrator shall provide CIT the Agent with a list of officers and employees that are authorized from time to time to access CIT's ’s System, and the Funds Administrator agrees to limit access to the password and CIT's ’s System to such authorized officers and employees. After the initial access, the Funds Administrator shall be solely responsible for (i) changing and maintaining the integrity of the Funds Administrator's ’s password and (ii) any unauthorized use of the Funds Administrator's ’s password or CIT's ’s System by any Company's Borrower’s officers and employees. (b) The Companies Borrowers shall use CIT's ’s System and the Companies' Borrowers’ information thereon solely for the purposes permitted above, and shall not access CIT's ’s System for the benefit of third parties or provide any information obtained from CIT's ’s System to third parties. CIT The Agent makes no representation that loan balance or Net Availability information is or will be available, accurate, complete, correct or current at all times. CIT's ’s System may be inoperable or inaccessible from time to time, whether for required website maintenance, upgrades to CIT's ’s System, or for other reasons, and in any such event the Funds Administrator must obtain loan balance and Net Availability information, and (if permitted by CIT) make requests for Revolving Loans and submit borrowing base certificates using other available means. (c) The Companies Borrowers hereby confirm and agree that CIT's ’s System consists of proprietary software, data, tools, scripts, algorithms, business logic, website designs and interfaces and related intellectual property, information and documentation. CIT's ’s System and related intellectual property, information and documentation are the sole and exclusive property of CITthe Agent, and the Companies Borrowers shall have no right, title or interest therein or thereto, except for the limited right to access CIT's ’s System for the purposes permitted above. Upon termination of this Financing Agreement, the Companies Borrowers agree to cease any use of CIT's ’s System. (d) All agreements, covenants and representations and warranties made by the Funds Administrator in any borrowing base certificate submitted to CIT the Agent by means of CIT's ’s System are incorporated herein by reference and shall be deemed to be made by each Companyreference.

Access to CIT’s System. CIT The Agent shall provide to the Funds Administrator Company access to CIT's ’s System during normal business hours, for the purposes of (i) obtaining information regarding loan balances and Net Availability, and (ii) if permitted by CITthe Agent, making requests for Revolving Loans and submitting borrowing base certificates. Such access shall be subject to the following terms, in addition to all terms set forth on the website for CIT's ’s System: (a) CIT The Agent shall provide to the Funds Administrator Company an initial password for secured access to CIT's ’s System. The Funds Administrator Company shall provide CIT the Agent with a list of officers and employees that are authorized from time to time to access CIT's ’s System, and the Funds Administrator Company agrees to limit access to the password and CIT's ’s System to such authorized officers and employees. After the initial access, the Funds Administrator Company shall be solely responsible for (i) changing and maintaining the integrity of the Funds Administrator's Company’s password and (ii) any unauthorized use of the Funds Administrator's Company’s password or CIT's ’s System by any the Company's ’s officers and employees. (b) The Companies Company shall use the CIT's ’s System and the Companies' Company’s information thereon solely for the purposes permitted above, and shall not access the CIT's ’s System for the benefit of third parties or provide any information obtained from the CIT's ’s System to third parties. CIT The Agent makes no representation that loan balance or Net Availability information is or will be available, accurate, complete, correct or current at all times. CIT's ’s System may be inoperable or inaccessible from time to time, whether for required website maintenance, upgrades to CIT's ’s System, or for other reasons, and in any such event the Funds Administrator Company must obtain loan balance and Net Availability information, and (if permitted by CITthe Agent) make requests for Revolving Loans and submit borrowing base certificates using other available means. (c) The Companies Company hereby confirm confirms and agree agrees that CIT's ’s System consists of proprietary software, data, tools, scripts, algorithms, business logic, website designs and interfaces and related intellectual property, information and documentation. CIT's ’s System and related intellectual property, information and documentation are the sole and exclusive property of CITthe Agent, and the Companies Company shall have no right, title or interest therein or thereto, except for the limited right to access CIT's ’s System for the purposes permitted above. Upon termination of this Financing Agreement, the Companies agree Company agrees to cease any use of the CIT's ’s System. (d) All To the extent not inconsistent with this Financing Agreement, all agreements, covenants and representations and warranties made by the Funds Administrator Company in any borrowing base certificate submitted to CIT the Agent by means of CIT's ’s System are incorporated herein by reference and shall be deemed to be made by each Companyreference.

Access to CIT’s System. CIT The Agent shall provide to the Funds Administrator access to CIT's ’s System during normal business hours, for the purposes of (i) obtaining information regarding loan balances and Net Availability, and (ii) if permitted by CITthe Agent, making requests for Revolving Loans and submitting borrowing base certificates. Such access shall be subject to the following terms, in addition to all terms set forth on the website for CIT's ’s System: (a) CIT The Agent shall provide to the Funds Administrator an initial password for secured access to CIT's ’s System. The Funds Administrator shall provide CIT the Agent with a list of officers and employees that are authorized from time to time to access CIT's ’s System, and the Funds Administrator agrees to limit access to the password and CIT's ’s System to such authorized officers and employees. After the initial access, the Funds Administrator shall be solely responsible for (i) changing and maintaining the integrity of the Funds Administrator's ’s password and (ii) any unauthorized use of the Funds Administrator's ’s password or CIT's ’s System by any Company's ’s officers and employees. (b) The Companies shall use CIT's ’s System and the Companies' ’ information thereon solely for the purposes permitted above, and shall not access CIT's ’s System for the benefit of third parties or provide any information obtained from CIT's ’s System to third parties. CIT The Agent makes no representation that loan balance or Net Availability information is or will be available, accurate, complete, correct or current at all times. CIT's ’s System may be inoperable or inaccessible from time to time, whether for required website maintenance, upgrades to CIT's ’s System, or for other reasons, and in any such event the Funds Administrator must obtain loan balance and Net Availability informationbalance, and (if permitted by CITthe Agent) make requests for Revolving Loans and submit borrowing base certificates using other available means. (c) The Companies hereby confirm and agree that CIT's ’s System consists consist of proprietary software, data, tools, scripts, algorithms, business logic, website designs and interfaces and related intellectual property, information and documentation. CIT's ’s System and related intellectual property, information and documentation are the sole and exclusive property of CITthe Agent, and the Companies shall have no right, title or interest therein or thereto, except for the limited right to access CIT's ’s System for the purposes permitted above. Upon termination of this Financing AgreementAgreement or the Commitments of the Lenders hereunder, the Companies agree to cease any use of CIT's ’s System. (d) All agreements, covenants and representations and warranties made by the Funds Administrator in any borrowing base certificate submitted to CIT the Agent by means of CIT's ’s System are incorporated herein by reference and shall be deemed to be made by each Company.

Access to CIT’s System. CIT The Administrative Agent shall provide to the Funds Administrator Borrower access to CIT's ’s System during normal business hours, for the purposes purpose of (i) obtaining information regarding loan balances and Net Availability, balances; and (ii) if permitted by CITthe Administrative Agent, making requests for Revolving Loans and submitting borrowing base certificatesCredit Advances. Such access shall be subject to the following terms, in addition to all terms set forth on the website for CIT's System’s system: (ai) CIT shall provide to the Funds Administrator Borrower an initial password for secured access to CIT's ’s System. The Funds Administrator Borrower shall provide CIT with a list of officers and employees that are authorized from time to time to access CIT's ’s System, and the Funds Administrator Borrower agrees to limit access to the password and CIT's ’s System to such authorized officers and employees. After the initial access, the Funds Administrator Borrower shall be solely responsible for (iA) changing and maintaining the integrity of the Funds Administrator's Borrower’s password and (iiB) any unauthorized use of the Funds Administrator's Borrower’s password or CIT's ’s System by any Company's of the Borrower’s officers and employees. (bii) The Companies Borrower shall use CIT's ’s System and the Companies' Borrower’s information thereon solely for the purposes permitted above, and shall not access CIT's ’s System for the benefit of third parties or provide any information obtained from CIT's ’s System to third parties. CIT The Administrative Agent makes no representation that the loan balance or Net Availability information is or will be available, accurate, complete, correct or current at all times. CIT's ’s System may be inoperable or inaccessible from time to time, whether for required website maintenance, upgrades to CIT's ’s System, or for other reasons, and in any such event the Funds Administrator Borrower must obtain loan balance and Net Availability balances information, and (if permitted by CITthe Administrative Agent) make requests for Revolving Loans and submit borrowing base certificates Credit Advances using other available means. (ciii) The Companies Borrower hereby confirm confirms and agree agrees that CIT's ’s System consists of proprietary software, data, tools, scripts, algorithms, business logic, website designs and interfaces and related intellectual property, information and documentation. CIT's ’s System and related intellectual property, information and documentation are the sole and exclusive property of CITthe Administrative Agent, and the Companies Borrower shall have no right, title or interest therein or thereto, except for the limited right to access CIT's ’s System for the purposes permitted above. Upon termination of this Financing Agreement, the Companies agree Borrower agrees to cease any use of CIT's ’s System. (d) All agreements, covenants and representations and warranties made by the Funds Administrator in any borrowing base certificate submitted to CIT by means of CIT's System are incorporated herein by reference and shall be deemed to be made by each Company.

Access to CIT’s System. CIT shall provide to the Funds Administrator Company access to CIT's ’s System during normal business hours, for the purposes of (i) obtaining information regarding loan balances and Net Availability, and (ii) if permitted by CIT, making requests for Revolving Loans and submitting borrowing base certificates. Such access shall be subject to the following terms, in addition to all terms set forth on the website for CIT's ’s System:. (a) CIT shall provide to the Funds Administrator Company an initial password for secured access to CIT's ’s System. The Funds Administrator Company shall provide CIT with a list of officers and employees that are authorized from time to time to access CIT's ’s System, and the Funds Administrator Company agrees to limit access to the password and CIT's ’s System to such authorized officers and employees. After the initial access, the Funds Administrator Company shall be solely responsible for (i) changing and maintaining the integrity of the Funds Administrator's Company’s password and (ii) any unauthorized use of the Funds Administrator's Company’s password or CIT's ’s System by any the Company's ’s officers and employees. (b) The Companies Company shall use CIT's ’s System and the Companies' Company’s information thereon solely for the purposes permitted above, and shall not access CIT's ’s System for the benefit of third parties or provide any information obtained from CIT's ’s System to third parties. CIT makes no representation that loan balance or Net Availability information is or will be available, accurate, complete, correct or current at all times. CIT's ’s System may be inoperable or inaccessible from time to time, whether for required website maintenance, upgrades to CIT's ’s System, or for other reasons, and in any such event the Funds Administrator Company must obtain loan balance and Net Availability information, and (if permitted by CIT) make requests for Revolving Loans and submit borrowing base certificates using other available means. (c) The Companies Company hereby confirm confirms and agree agrees that CIT's ’s System consists of proprietary software, data, tools, scripts, algorithms, business logic, website designs and interfaces and related intellectual property, information and documentation. CIT's ’s System and related intellectual property, information and documentation are the sole and exclusive property of CIT, and the Companies Company shall have no right, title or interest therein or thereto, except for the limited right to access CIT's ’s System for the purposes permitted above. Upon termination of this Financing Agreement, the Companies agree Company agrees to cease any use of CIT's ’s System. (d) All agreements, covenants and representations and warranties made by the Funds Administrator Company in any borrowing base certificate submitted to CIT by means of CIT's ’s System are incorporated herein by reference and shall be deemed to be made by each Companyreference.

Access to CIT’s System. CIT shall provide to the Funds Administrator Company access to CIT's ’s System during normal business hours, for the purposes of (i) obtaining information regarding loan balances and Net Availability, and (ii) if permitted by CIT, making requests for Revolving Loans and submitting borrowing base certificates. Such access shall be subject to the following terms, in addition to all terms set forth on the website for CIT's ’s System: (a) CIT shall provide to the Funds Administrator Company an initial password for secured access to CIT's ’s System. The Funds Administrator Company shall provide CIT with a list of officers and employees that are authorized from time to time to access CIT's ’s System, and the Funds Administrator Company agrees to limit access to the password and CIT's ’s System to such authorized officers and employees. After the initial access, the Funds Administrator Company shall be solely responsible for (i) changing and maintaining the integrity of the Funds Administrator's Company’s password and (ii) any unauthorized use of the Funds Administrator's Company’s password or CIT's ’s System by any the Company's ’s officers and employees. (b) The Companies Company shall use CIT's ’s System and the Companies' Company’s information thereon solely for the purposes permitted above, and shall not access CIT's ’s System for the benefit of third parties or provide any information obtained from CIT's ’s System to third parties, in each case, other than affiliates, agents, attorneys and accountants of the Company. CIT makes no representation that loan balance or Net Availability information is or will be available, accurate, complete, correct or current at all times. CIT's ’s System may be inoperable or inaccessible from time to time, whether for required website maintenance, upgrades to CIT's ’s System, or for other reasons, and in any such event the Funds Administrator Company must obtain loan balance and Net Availability information, and (if permitted by CIT) make requests for Revolving Loans and submit borrowing base certificates using other available means. (c) The Companies Company hereby confirm confirms and agree agrees that CIT's ’s System consists consist of proprietary software, data, tools, scripts, algorithms, business logic, website designs and interfaces and related intellectual property, information and documentation. CIT's ’s System and related intellectual property, information and documentation are the sole and exclusive property of CIT, and the Companies Company shall have no right, title or interest therein or thereto, except for the limited right to access CIT's ’s System for the purposes permitted above. Upon termination of this Financing Agreement, the Companies agree Company agrees to cease any use of CIT's ’s System. (d) All agreements, covenants and representations and warranties made by the Funds Administrator Company in any borrowing base certificate submitted to CIT by means of CIT's ’s System are incorporated herein by reference and shall be deemed to be made by each Companyreference.

Access to CIT’s System. CIT shall provide to the Funds Administrator Company access to CIT's System during normal business hours, for the purposes of (i) obtaining information regarding loan balances and Net Availability, and (ii) if permitted by CIT, making requests for Revolving Loans and submitting borrowing base certificates. Such access shall be subject to the following terms, in addition to all terms set forth on the website for CIT's System: (a) CIT shall provide to the Funds Administrator Company an initial password for secured access to CIT's System. The Funds Administrator Company shall provide CIT with a list of officers and employees that are authorized from time to time to access CIT's System, and the Funds Administrator Company agrees to limit access to the password and CIT's System to such authorized officers and employees. After the initial access, the Funds Administrator Company shall be solely responsible for (i) changing and maintaining the integrity of the Funds AdministratorCompany's password and (ii) any unauthorized use of the Funds AdministratorCompany's password or CIT's System by any the Company's officers and employees. (b) The Companies Company shall use CIT's System and the Companies' Company's information thereon solely for the purposes permitted above, and shall not access CIT's System for the benefit of third parties or provide any information obtained from CIT's System to third parties. CIT makes no representation that loan balance or Net Availability information is or will be available, accurate, complete, correct or current at all times. CIT's System may be inoperable or inaccessible from time to time, whether for required website maintenance, upgrades to CIT's System, or for other reasons, and in any such event the Funds Administrator Company must obtain loan balance and Net Availability information, and (if permitted by CIT) make requests for Revolving Loans and submit borrowing base certificates using other available means. (c) The Companies Company hereby confirm confirms and agree agrees that CIT's System consists consist of proprietary software, data, tools, scripts, algorithms, business logic, website designs and interfaces and related intellectual property, information and documentation. CIT's System and related intellectual property, information and documentation are the sole and exclusive property of CIT, and the Companies Company shall have no right, title or interest therein or thereto, except for the limited right to access CIT's System for the purposes permitted above. Upon termination of this Financing Agreement, the Companies agree Company agrees to cease any use of CIT's System. (d) All agreements, covenants and representations and warranties made by the Funds Administrator Company in any borrowing base certificate submitted to CIT by means of CIT's System are incorporated herein by reference and shall be deemed to be made by each Companyreference.

Access to CIT’s System. CIT shall provide to the Funds -------------------------- Administrator access to CIT's System during normal business hours, for the purposes of (i) obtaining information regarding loan balances and Net Availability, and (ii) if permitted by CIT, making requests for Revolving Loans and submitting borrowing base certificates. Such access shall be subject to the following terms, in addition to all terms set forth on the website for CIT's System: (a) CIT shall provide to the Funds Administrator an initial password for secured access to CIT's System. The Funds Administrator shall provide CIT with a list of officers and employees that are authorized from time to time to access CIT's System, and the Funds Administrator agrees to limit access to the password and CIT's System to such authorized officers and employees. After the initial access, the Funds Administrator shall be solely responsible for (i) changing and maintaining the integrity of the Funds Administrator's password and (ii) any unauthorized use of the Funds Administrator's password or CIT's System by any Company's officers and employees. (b) The Companies shall use CIT's System and the Companies' information thereon solely for the purposes permitted above, and shall not access CIT's System for the benefit of third parties or provide any information obtained from CIT's System to third parties. CIT makes no representation that loan balance or Net Availability information is or will be available, accurate, complete, correct or current at all times. CIT's System may be inoperable or inaccessible from time to time, whether for required website maintenance, upgrades to CIT's System, or for other reasons, and in any such event the Funds Administrator must obtain loan balance and Net Availability information, and (if permitted by CIT) make requests for Revolving Loans and submit borrowing base certificates using other available means. (c) The Companies hereby confirm and agree that CIT's System consists of proprietary software, data, tools, scripts, algorithms, business logic, website designs and interfaces and related intellectual property, information and documentation. CIT's System and related intellectual property, information and documentation are the sole and exclusive property of CIT, and the Companies shall have no right, title or interest therein or thereto, except for the limited right to access CIT's System for the purposes permitted above. Upon termination of this Financing Agreement, the Companies agree to cease any use of CIT's System. (d) All agreements, covenants and representations and warranties made by the Funds Administrator and/or the Companies in any borrowing base certificate submitted to CIT by means of CIT's System are incorporated herein by reference and shall be deemed to be made by each Company.