Common use of Certification of Public Information Clause in Contracts

Certification of Public Information. Concurrently with the delivery of any document or notice required to be delivered pursuant to this Section 5.1, Borrower shall indicate in writing whether such document or notice contains Nonpublic Information. Borrower and each Lender acknowledge that certain of the Lenders may be “public-side” Lenders (Lenders that do not wish to receive material non-public information with respect to Borrower, its Subsidiaries or their securities) and, if documents or notices required to be delivered pursuant to this Section 5.1 or otherwise are being distributed through IntraLinks/IntraAgency, SyndTrak or another relevant website or other information platform (the “Platform”), any document or notice that Borrower has indicated contains Nonpublic Information shall not be posted on that portion of the Platform designated for such public-side Lenders. If Borrower has not indicated whether a document or notice delivered pursuant to this Section 5.1 contains solely Nonpublic Information, Administrative Agent reserves the right to post such document or notice solely on that portion of the Platform designated for Lenders who wish to receive material nonpublic information with respect to Borrower, its Subsidiaries and their securities;

Certification of Public Information. Concurrently with the delivery of any document or notice required to be delivered pursuant to this Section 5.1, Borrower shall indicate in writing whether such document or notice contains Nonpublic Information. Borrower and each Lender acknowledge that certain of the Lenders may be “public-side” Lenders (Lenders that do not wish to receive material non-public information with respect to BorrowerHoldings, its Subsidiaries or their securities) and, if documents or notices required to be delivered pursuant to this Section 5.1 or otherwise are being distributed through IntraLinks/IntraAgency, SyndTrak or another relevant website or other information platform (the “Platform”), any document or notice that Borrower has indicated contains Nonpublic Information shall not only publicly available information with respect to Holdings and its Subsidiaries may be posted on that portion of the Platform designated for such public-side Lenders. If Borrower has not indicated whether a document or notice delivered pursuant to this Section 5.1 contains solely Nonpublic Informationonly publicly available information, Administrative Agent reserves the right to post such document or notice solely on that portion of the Platform designated for Lenders who wish to receive material nonpublic information Nonpublic Information with respect to BorrowerHoldings, its Subsidiaries and their securities;. Notwithstanding the foregoing, the Borrower shall use commercially reasonably efforts to indicate whether any document or notice contains only publicly available information; and

Certification of Public Information. Concurrently with the delivery of any document or notice required to be delivered pursuant to this Section 5.1Parent, Borrower shall indicate in writing whether such document or notice contains Nonpublic Information. Borrower and each Lender acknowledge that certain of the Lenders may be “public-side” Public Lenders (Lenders that do not wish to receive material non-public information with respect to Borrower, its Subsidiaries or their securities) and, if documents or notices required to be delivered pursuant to this Section 5.1 or otherwise are being distributed through IntraLinks/IntraAgency, SyndTrak or another relevant website or other information platform (the “Platform”), any document or notice that Parent or Borrower has indicated contains Nonpublic Non-Public Information shall not be posted on that portion of the Platform designated for such public-side Public Lenders. Each of Parent and Borrower agrees to clearly designate all information provided to Administrative Agent by or on behalf of Parent or Borrower which is suitable to make available to Public Lenders. If Parent or Borrower has not indicated whether a document or notice delivered pursuant to this Section 5.1 contains solely Nonpublic Non-Public Information, Administrative Agent reserves the right to post such document or notice solely on that portion of the Platform designated for Lenders who wish to receive material nonpublic non-public information with respect to BorrowerParent, its Subsidiaries and their securities;respective Securities; and

Certification of Public Information. Concurrently with the delivery of any document or notice required to be delivered pursuant to this Section 5.15.05, the Borrower shall indicate in writing whether such document or notice contains Nonpublic Non-Public Information. Borrower Each Loan Party and each Lender acknowledge that certain of the Lenders may be “public-side” Lenders (Lenders that do not wish to receive material non-public information with respect to the Borrower, its Subsidiaries or their securities) and, if documents or notices required to be delivered pursuant to this Section 5.1 5.05 or otherwise are being distributed through IntraLinks/IntraAgency, SyndTrak or another relevant website or other information platform (the “Approved Electronic Platform”), any document or notice that the Borrower has indicated contains Nonpublic Non-Public Information shall not be posted on that portion of the Approved Electronic Platform designated for such public-side Lenders. The Borrower agrees to clearly designate all Information provided to Administrative Agent by or on behalf of the Borrower that is suitable to make available to public-side Lenders. If the Borrower has not indicated whether a document or notice delivered pursuant to this Section 5.1 Agreement or the other Loan Documents contains solely Nonpublic Non-Public Information, Administrative Agent reserves the right to post such document or notice solely on that portion of the Approved Electronic Platform designated for Lenders who wish to receive material nonpublic non-public information with respect to the Borrower, its Subsidiaries and their securities;; and

Certification of Public Information. Concurrently with the delivery of any document or notice required to be delivered pursuant to this Section 5.1, Borrower shall indicate in writing whether such document or notice contains Nonpublic Information. Borrower and each Lender acknowledge that certain of the Lenders may be “public-side” Lenders (Lenders that do not wish to receive material non-public information with respect to BorrowerHoldings, its Subsidiaries or their securities) and, if documents or notices required to be delivered pursuant to this Section 5.1 or otherwise are being distributed through IntraLinks/IntraAgency, SyndTrak or another relevant website or other information platform (the “Platform”), any document or notice that Borrower has indicated contains Nonpublic Information shall not only publicly available information with respect to Holdings and its Subsidiaries may be posted on that portion of the Platform designated for such public-side Lenders. If Borrower has not indicated whether a document or notice delivered pursuant to this Section 5.1 contains solely Nonpublic Informationonly publicly available information, Administrative Agent reserves the right to post such document or notice solely on that portion of the Platform designated for Lenders who wish to receive material nonpublic information Nonpublic Information with respect to BorrowerHoldings, its Subsidiaries and their securities;. Notwithstanding the foregoing, the Borrower shall use commercially reasonably efforts to indicate whether any document or notice contains only publicly available information.

Certification of Public Information. Concurrently with the delivery of any document or notice required to be delivered pursuant to this Section 5.1, Borrower shall indicate in writing whether such document or notice contains Nonpublic Information. Borrower Company and each Lender acknowledge that certain of the Lenders may be “public-side” Lenders (Lenders that do not wish to receive material non-public information with respect to BorrowerCompany, its Restricted Subsidiaries or their securities) and, if documents or notices required to be delivered pursuant to this Section 5.1 or otherwise are being distributed through IntraLinks/IntraAgency, SyndTrak or another relevant website or other information platform (the “Information Platform”), any document or notice that Borrower Company has indicated contains Nonpublic Non-Public Information shall not be posted on that portion of the Information Platform designated for such “public-side side” Lenders. Company agrees to clearly designate all information provided to the Administrative Agent or the Collateral Agent by or on behalf of Company which is suitable to make available to “public-side” Lenders which, at a minimum, shall mean the word “PUBLIC” shall appear prominently on the first page thereof. If Borrower Company has not indicated whether a document or notice delivered pursuant to this Section 5.1 contains solely Nonpublic Non-Public Information, the Administrative Agent reserves the right to post such document or notice solely on that portion of the Information Platform designated for Lenders who wish to receive material nonpublic non-public information with respect to BorrowerCompany, its Restricted Subsidiaries and their securities;.

Certification of Public Information. Concurrently with the delivery of any document or notice required to be delivered pursuant to this Section 5.1Holdings, Borrower shall indicate in writing whether such document or notice contains Nonpublic Information. Borrower Xxxxxxx and each Lender acknowledge that certain of the Lenders may be “public-side” Lenders (Lenders that do not wish to receive material nonNon-public information Public Information with respect to BorrowerHoldings, its Xxxxxxx, their respective Subsidiaries or their securitiesSecurities) and, if documents or notices required to be delivered pursuant to this Section 5.1 or otherwise are being distributed through IntraLinks/IntraAgency, SyndTrak or another relevant website or other information platform (the “Platform”), any document or notice that Borrower Holdings or Xxxxxxx has indicated contains Nonpublic Non-Public Information shall not be posted on that portion of the Platform designated for such public-side Lenders. Holdings and Xxxxxxx agree to clearly designate all Information provided to Administrative Agent by or on behalf of Holdings or Xxxxxxx which is suitable to make available to Public Lenders. If Borrower Holdings or Xxxxxxx has not indicated whether a document or notice delivered pursuant to this Section 5.1 contains solely Nonpublic Non-Public Information, Administrative Agent reserves the right to shall post such document or notice solely on that portion of the Platform designated for Lenders who wish to receive material nonpublic information Non-Public Information with respect to BorrowerHoldings, its Xxxxxxx, their respective Subsidiaries and their securities;Securities.

Certification of Public Information. Concurrently with the delivery of any document or notice required to be delivered pursuant to this Section 5.1, Borrower shall indicate in writing whether such document or notice contains Nonpublic Information. Borrower and each Lender acknowledge that certain of the Lenders may be “public-side” Lenders (Lenders that do not wish to receive material non-public information with respect to Borrower, its Restricted Subsidiaries or their securities) (the “Public Lenders”) and, if documents or notices required to be delivered pursuant to this Section 5.1 or otherwise are being distributed through IntraLinks/IntraAgency, SyndTrak or another relevant website or other information platform (the “Information Platform”), any document or notice that Borrower has indicated contains Nonpublic Non-Public Information shall not be posted on that portion of the Information Platform designated for such public-side Public Lenders. Borrower agrees to clearly designate all information provided to the Administrative Agent by or on behalf of Borrower which is suitable to make available to Public Lenders which, at a minimum, shall mean the word “PUBLIC” shall appear prominently on the first page thereof. If Borrower has not indicated whether a document or notice delivered pursuant to this Section 5.1 contains solely Nonpublic Non-Public Information, the Administrative Agent reserves the right to post such document or notice solely on that portion of the Information Platform designated for Lenders who wish to receive material nonpublic non-public information with respect to Borrower, its Subsidiaries and their securities;.

Certification of Public Information. Concurrently with the delivery of any document or notice required to be delivered pursuant to this Section 5.1Holdings, Borrower shall indicate in writing whether such document or notice contains Nonpublic Information. Borrower Xxxxxxx and each Lender acknowledge that certain of the Lenders may be “"public-side” " Lenders (Lenders that do not wish to receive material nonNon-public information Public Information with respect to BorrowerHoldings, its Xxxxxxx, their respective Subsidiaries or their securitiesSecurities) and, if documents or notices required to be delivered pursuant to this Section 5.1 or otherwise are being distributed through IntraLinks/IntraAgency, SyndTrak or another relevant website or other information platform (the “"Platform”"), any document or notice that Borrower Holdings or Xxxxxxx has indicated contains Nonpublic Non-Public Information shall not be posted on that portion of the Platform designated for such public-side Lenders. Holdings and Xxxxxxx agree to clearly designate all Information provided to Administrative Agent by or on behalf of Holdings or Xxxxxxx which is suitable to make available to Public Lenders. If Borrower Holdings or Xxxxxxx has not indicated whether a document or notice delivered pursuant to this Section 5.1 contains solely Nonpublic Non-Public Information, Administrative Agent reserves the right to shall post such document or notice solely on that portion of the Platform designated for Lenders who wish to receive material nonpublic information Non-Public Information with respect to BorrowerHoldings, its Xxxxxxx, their respective Subsidiaries and their securities;Securities.

Certification of Public Information. Concurrently with the delivery of any document or notice required to be delivered pursuant to this Section 5.1, Borrower shall indicate in writing whether such document or notice contains Nonpublic Information. Borrower and each Lender acknowledge that certain of the Lenders may be “public-side” Lenders (Lenders that do not wish to receive material non-public information with respect to Borrower, its Restricted Subsidiaries or their securities) (the “Public Lenders”) and, if documents or notices required to be delivered pursuant to this Section 5.1 or otherwise are being distributed through IntraLinks/IntraAgency, SyndTrak SyndTrak, ClearPar or a substantially similar electronic transmission system or another relevant website or other information platform (the “Information Platform”), any document or notice that Borrower has indicated contains Nonpublic Non-Public Information shall not be posted on that portion of the Information Platform designated for such public-side Public Lenders. Borrower agrees to clearly designate all information provided to the Administrative Agent by or on behalf of Borrower which is suitable to make available to Public Lenders which, at a minimum, shall mean the word “PUBLIC” shall appear prominently on the first page thereof. If Borrower has not indicated whether a document or notice -82- delivered pursuant to this Section 5.1 contains solely Nonpublic Non-Public Information, the Administrative Agent reserves the right to post such document or notice solely on that portion of the Information Platform designated for Lenders who wish to receive material nonpublic non-public information with respect to Borrower, its Subsidiaries and their securities;.

Certification of Public Information. Concurrently with the delivery of any document or notice required to be delivered pursuant to this Section 5.1, Borrower Company shall indicate in writing whether such document or notice contains Nonpublic Information. Borrower Any document or notice delivered pursuant to this Section 5.1 shall be deemed to contain Nonpublic Information unless Company specifies otherwise or such document or notice is filed with the Bankruptcy Court or in connection with reporting requirements of Securities and Exchange Commission. Each Credit Party and each Lender acknowledge that certain of the Lenders may be “public-side” Lenders (Lenders that do not wish to receive material non-public information with respect to BorrowerCompany, its Subsidiaries or their securities) and, if documents or notices required to be delivered pursuant to this Section 5.1 or otherwise are being distributed through IntraLinks/IntraAgency, SyndTrak Syndtrak or another relevant website or other information platform (the “Platform”), any document or notice that Borrower has indicated which contains Nonpublic Information (or is deemed to contain Nonpublic Information) shall not be posted on that portion of the Platform designated for such public-public side Lenders. If Borrower Company has not indicated whether a document or notice delivered pursuant to this Section 5.1 contains solely Nonpublic Information, Administrative Agent reserves the right to post such document or notice solely on that portion of the Platform designated for Lenders who wish to receive material nonpublic information with respect to BorrowerParent, its Subsidiaries and their securities;Securities.

Certification of Public Information. Concurrently with the delivery of any document or notice required to be delivered pursuant to this Section 5.1, Borrower shall indicate in writing whether such document or notice contains Nonpublic Information. Borrower and each Lender acknowledge that certain of the Lenders may be “public-side” Lenders (Lenders that do not wish to receive material non-public information with respect to Borrower, its Restricted Subsidiaries or their securities) (the “Public Lenders”) and, if documents or notices required to be delivered pursuant to this Section 5.1 or otherwise are being distributed through IntraLinks/IntraAgency, SyndTrak or another relevant website or other information platform (the “Information Platform”), any document or notice that Borrower has indicated contains Nonpublic Non-Public Information shall not be posted on that portion of the Information Platform designated for such public-side Public Lenders. Borrower agrees to clearly designate all information provided to the Administrative Agent or the Collateral Agent by or on behalf of Borrower which is suitable to make available to Public Lenders which, at a minimum, shall mean the word “PUBLIC” shall appear prominently on the first page thereof. If Borrower has not indicated whether a document or notice delivered pursuant to this Section 5.1 contains solely Nonpublic Non-Public Information, the Administrative Agent reserves the right to post such document or notice solely on that portion of the Information Platform designated for Lenders who wish to receive material nonpublic non-public information with respect to Borrower, its Subsidiaries and their securities;.

Certification of Public Information. Concurrently with the delivery of any document or notice required to be delivered pursuant to this Section 5.1, Borrower Company shall indicate in writing whether such document or notice contains Nonpublic Information. Borrower Any document or notice delivered pursuant to this Section 5.1 shall be deemed to contain Nonpublic Information unless Company specifies otherwise or such document or notice is filed with the Bankruptcy Court or in connection with reporting requirements of Securities and Exchange Commission. Each Credit Party and each Lender acknowledge that certain of the Lenders may be “public-side” Lenders (Lenders that do not wish to receive material non-public information with respect to BorrowerCompany, its Subsidiaries or their securities) and, if documents or notices required to be delivered pursuant to this Section 5.1 or otherwise are being distributed through IntraLinks/IntraAgency, SyndTrak Syndtrak or another relevant website or other information platform (the “Platform”), any document or notice that Borrower has indicated which contains Nonpublic Information (or is deemed to contain Nonpublic Information) shall not be posted on that portion of the Platform designated for such public-public side Lenders. If Borrower Company has not indicated whether a document or notice delivered pursuant to this Section 5.1 contains solely Nonpublic Information, Administrative Agent reserves the right to post such document or notice solely on that portion of the Platform designated for Lenders who wish to receive material nonpublic information with respect to BorrowerHoldings, its Subsidiaries and their securities;Securities.