Common use of Confidentiality and Publicity Clause in Contracts

Confidentiality and Publicity. (a) Borrower shall not, and shall not permit any of its Affiliates to: (i) publish or disclose any materials containing Bank’s name, including in any press release or otherwise in connection with any advertising or marketing, without first obtaining Bank’s prior written consent, or (ii) use Bank’s name (or the name of any of its Affiliates) in connection with its operations or business. Notwithstanding the foregoing, Bank acknowledges that Borrower may disclose and make available to the public materials containing Bank’s name or other information to the extent required by the Securities and Exchange Commission or in connection with Borrower’s submission of reports or information to the Securities and Exchange Commission. (b) In handling any confidential information, Bank shall exercise commercially reasonable efforts to maintain in confidence, in accordance with its customary procedures for handling confidential information, all written non-public information furnished to Bank on a confidential basis clearly identified at the time of delivery as such (“Confidential Information”) other than any such Confidential Information that becomes generally available to the public or becomes available to Bank from a source other than Borrower and that is not known to Bank to be subject to confidentiality obligations; provided, that Bank and its Affiliates shall have the right to disclose Confidential Information to: (i) such Person’s Affiliates; (ii) such Person or such Person’s Affiliates’ lenders, funding sources, or financing sources; (iii) such Person’s or such Person’s Affiliates’ directors, officers, trustees, partners, members, managers, employees, agents, advisors, representatives, attorneys, equity owners, professional consultants, portfolio management services and rating agencies; (iv) any successor or assign of Bank; (v) any Person to whom Bank offers to sell, assign or transfer any Credit Extension or any part thereof or any interest or participation therein; (vi) any Person that provides statistical analysis and/or information services to Bank or its Affiliates; and (vii) any Person (A) to the extent required by it by law, (B) as may be required in connection with the examination, audit, or similar investigation of Bank, (C) in response to any subpoena or other legal process or informal investigative demand, (D) in connection with any litigation, or (E) in connection with the actual or potential exercise or enforcement of any right or remedy under any Loan Document. The obligations of Bank and its Affiliates under this Section 12.8 shall supersede and replace any other confidentiality obligations agreed to by Bank or its Affiliates.

Confidentiality and Publicity. (a) Borrower Loan Party Obligors agree to submit to Lender, and Lender reserves the right to review and approve, all materials that Loan Obligor Parties or any of their Affiliates prepares and which are intended for public disclosure or disclosure to a third party not otherwise permitted under the immediately preceding sentence, that contain Lender’s name or describe or refer to any Loan Document, any of the terms thereof or any of the transactions contemplated thereby. Loan Obligor Parties shall not, and shall not permit any of its their respective Affiliates to: (i) publish or disclose any materials containing Bank’s name, including in any press release or otherwise in connection with any advertising or marketing, without first obtaining Bank’s prior written consent, or (ii) use Bank’s Lenders’ name (or the name of any of its Lenders’ Affiliates) in connection with any of its operations business operations, including advertising, marketing or business. Notwithstanding the foregoingpress releases or such other similar purposes, Bank acknowledges that Borrower may disclose and make available without Lender’s prior written consent, not to the public materials containing Bank’s name be unreasonably withheld, conditioned or other information to the extent required by the Securities and Exchange Commission or in connection with Borrower’s submission of reports or information to the Securities and Exchange Commissiondelayed. (b) In handling any confidential information, Bank Lender shall exercise commercially reasonable efforts to maintain in confidence, in accordance with its customary procedures for handling confidential information, all written non-public information furnished to Bank on a confidential basis clearly identified at the time of delivery as such (“Confidential Information”) other than any such Confidential Information that becomes generally available to the public or becomes available to Bank from a source other than Borrower and that is not known to Bank to be subject to confidentiality obligations; , provided, that Bank Lender and its Affiliates shall have the right to disclose Confidential Information to: to the following Persons (and with respect to Persons covered under clauses (i), (ii), (iii), (iv), (v) and (vi), if it directs such Persons not to disclose such Confidential Information as required under this Agreement): (i) such Person’s Affiliates; ; (ii) such Person Person’s or such Person’s Affiliates’ lenders, funding sources, or financing sources; sources and rating agencies; (iii) such Person’s or such Person’s Affiliates’ directors, officers, trustees, partners, members, managers, employees, agents, advisors, representatives, attorneys, equity owners, professional consultants, consultants and portfolio management services and rating agencies; services; (iv) any successor or assign of Bank; any Lender; (v) any Person to whom Bank any Lender offers to sell, assign or transfer any Credit Extension Loan or any part thereof or any interest or participation therein; ; (vi) any Person that provides statistical analysis and/or information services to Bank Lender or its Affiliates; and ; (vii) any Person (A) to the extent required by it by applicable law, (B) as may be required in connection with the examination, audit, or similar investigation of Bank, (C) in response to any subpoena or other legal process or informal investigative demand, (DC) in connection with any litigation, or (ED) in connection with the actual or potential exercise or enforcement of any right or remedy under any Loan Document. ; and (viii) any Person to the extent required by any subordination or intercreditor agreement relating to the Obligations. (c) Notwithstanding any provision of any Loan Document, Borrower and each other Loan Party Obligors consent to the publication by Lender of a tombstone, press releases or similar advertising material relating to the financing transactions contemplated by this Agreement, and Lender reserves the right to provide to industry trade organizations information necessary and customary for inclusion in league table measurements. (d) The obligations of Bank Lender and its Affiliates under this Section 12.8 10.13 shall supersede and replace any other confidentiality obligations agreed to by Bank Lender or its Affiliates.

Confidentiality and Publicity. Other than as may be required by applicable Law and regulation or by any governmental or regulatory authority, no Party shall disclose to any Person (a) Borrower shall notincluding for the avoidance of doubt, any other Consenting Creditor), other than legal, accounting, financial and other advisors to the Company Parties (who are under obligations of confidentiality to the Company Parties with respect to such disclosure, and whose compliance with such obligations the Company Parties shall not permit be responsible for), the name or the principal amount or percentage of the Company Claims/Interests held by any Consenting Creditor or any of its Affiliates to: respective subsidiaries (iincluding, for the avoidance of doubt, any Company Claims/Interests acquired pursuant to any Transfer); provided, however, that the Company Parties shall be permitted to disclose at any time the aggregate principal amount of, and aggregate percentage of, any class of the Company Claims held by the Consenting Creditors collectively; and, provided, further, that the Company Parties may disclose the names of any Consenting Creditor (at the institution level) publish or disclose any materials containing Bank’s name, including in any press release or otherwise at a hearing in connection with the Chapter 11 Cases, but not the principal amount or percentage of the Company Claims held by any advertising such Consenting Creditor or marketing, without first obtaining Bank’s prior written consent, or (ii) use Bank’s name (or the name of any of its Affiliates) in connection with its operations or businessrespective subsidiaries (including, for the avoidance of doubt, any Company Claims acquired pursuant to any Transfer). Notwithstanding the foregoing, Bank acknowledges that Borrower may disclose and make available the Consenting Creditors hereby consent to the public materials containing Bank’s name disclosure of the execution, terms and contents of this Agreement by the Company Parties in the Definitive Documents or other information to the extent as otherwise required by the Securities and Exchange Commission Law or in connection with Borrower’s submission of reports or information to the Securities and Exchange Commission. (b) In handling any confidential information, Bank shall exercise commercially reasonable efforts to maintain in confidence, in accordance with its customary procedures for handling confidential information, all written non-public information furnished to Bank on a confidential basis clearly identified at the time of delivery as such (“Confidential Information”) other than any such Confidential Information that becomes generally available to the public or becomes available to Bank from a source other than Borrower and that is not known to Bank to be subject to confidentiality obligationsregulation; provided, however, that Bank (i) if any of the Company Parties determines that they are required to attach a copy of this Agreement, any Transfer Agreement to any Definitive Documents or any other filing or similar document relating to the transactions contemplated hereby, they will redact any reference to or identifying information concerning a specific Consenting Creditors and its Affiliates such Consenting Creditor’s holdings (including before filing any pleading with the Bankruptcy Court) and (ii) if disclosure of additional identifying information of any Consenting Creditors is required by applicable Law, advance notice of the intent to disclose, if permitted by applicable Law, shall be given by the disclosing Party to each Consenting Creditor (who shall have the right to disclose Confidential Information to: seek a protective order prior to disclosure). The Company Parties further agree that such information shall be redacted from “closing sets” or other representations of the fully executed Agreement and any Transfer Agreement. Notwithstanding the foregoing, the Company Parties will submit to counsel for the Consenting Creditors all press releases, public filings, public announcements or other communications with any news media, in each case, to be made by the Company Parties relating to this Agreement or the transactions contemplated hereby and any amendments thereof at least two (i2) Business Days (it being understood that such Person’s Affiliates; (ii) such Person or such Person’s Affiliates’ lenders, funding sources, or financing sources; (iii) such Person’s or such Person’s Affiliates’ directors, officers, trustees, partners, members, managers, employees, agents, advisors, representatives, attorneys, equity owners, professional consultants, portfolio management services and rating agencies; (iv) any successor or assign of Bank; (v) any Person to whom Bank offers to sell, assign or transfer any Credit Extension or any part thereof or any interest or participation therein; (vi) any Person that provides statistical analysis and/or information services to Bank or its Affiliates; and (vii) any Person (A) period may be shortened to the extent required by it by law, (B) as may there are exigent circumstances that require such public communication to be required in connection made to comply with the examination, audit, or similar investigation of Bank, (Capplicable Law) in response advance of release and will take such counsel’s view with respect to any subpoena such communications into account. Nothing contained herein shall be deemed to waive, amend or other legal process or informal investigative demand, (D) in connection with any litigation, or (E) in connection with modify the actual or potential exercise or enforcement terms of any right or remedy under any Loan Document. The obligations of Bank and its Affiliates under this Section 12.8 shall supersede and replace any other confidentiality obligations agreed to by Bank or its AffiliatesConfidentiality Agreement.

Confidentiality and Publicity. (a) Borrower shall notEach Party agrees to, and shall cause its agents, representatives, Affiliates, employees, officers and directors to (i) treat and hold as confidential (and not permit disclose or provide access to any Person to) all confidential or proprietary information with respect to the other Parties or relating to the transactions contemplated hereby, (ii) in the event that any Party or any such agent, representative, Affiliate, employee, officer or director becomes legally compelled to disclose any such information, provide the other Parties with prompt written notice of such requirement so that the other Parties or the applicable Group Company may seek a protective order or other remedy or waive compliance with this Section 6.6(a), and (iii) in the event that such protective order or other remedy is not obtained, or the other Parties waive compliance with this Section 6.6(a), furnish only that portion of such confidential information which is legally required to be provided and exercise its commercially reasonable efforts to obtain assurances that confidential treatment will be accorded such information; provided, however, that this Section 6.6(a) shall not apply to (A) any information that, at the time of disclosure, is in the public domain and was not disclosed in breach of this Agreement by the Seller or any of its Affiliates to: agents, representatives, Affiliates, employees, officers or directors, (iB) publish any information with respect to the Business or disclose any materials containing Bank’s name, including Group Companies disclosed to the Seller or the Purchaser in any press release or otherwise in connection with any advertising or marketing, without first obtaining Bank’s prior written consent, the ordinary course of business of the Group Companies or (iiC) use Bank’s name (or the name of any of its Affiliates) in connection with its operations or business. Notwithstanding the foregoing, Bank acknowledges that Borrower may disclose and make available to the public materials containing Bank’s name or other information to the extent as required by the Securities and Exchange Commission Law or in connection with Borrower’s submission of reports or information to the Securities and Exchange CommissionGovernment Authority. (b) In handling any confidential informationNo Party shall make, Bank shall exercise commercially reasonable efforts to maintain in confidence, in accordance with its customary procedures for handling confidential information, all written non-public information furnished to Bank on a confidential basis clearly identified at the time of delivery as such (“Confidential Information”) other than any such Confidential Information that becomes generally available to the public or becomes available to Bank from a source other than Borrower and that is not known to Bank cause to be subject to confidentiality obligationsmade, any press release or public announcement in respect of this Agreement or the transactions contemplated hereby or otherwise communicate with any news media without the prior written consent of the Purchaser (in the case of a proposed release or announcement by any Seller or the Company) or of the Seller (in the case of a proposed release or announcement by the Purchaser), unless otherwise required by Law or Government Authority; provided, that Bank such consent shall not be unreasonably withheld, conditioned or delayed. The Parties acknowledge that each of the Purchaser and its Affiliates the Seller, as a publicly traded company, may be required to issue a press release or otherwise publicly disseminate certain information regarding the transactions contemplated by the Transaction Documents, and the other Parties shall have the right to disclose Confidential Information to: (i) provide all reasonable cooperation in that regard and shall take such Person’s Affiliates; (ii) such Person or such Person’s Affiliates’ lenders, funding sources, or financing sources; (iii) such Person’s or such Person’s Affiliates’ directors, officers, trustees, partners, members, managers, employees, agents, advisors, representatives, attorneys, equity owners, professional consultants, portfolio management services and rating agencies; (iv) any successor or assign of Bank; (v) any Person to whom Bank offers to sell, assign or transfer any Credit Extension or any part thereof or any interest or participation therein; (vi) any Person that provides statistical analysis and/or information services to Bank or its Affiliates; and (vii) any Person (A) to the extent required by it by law, (B) steps as may be required in connection reasonable and practicable to agree the contents of the announcement or press release with the examination, audit, other Party before making the announcement or similar investigation of Bank, (C) in response to any subpoena or other legal process or informal investigative demand, (D) in connection with any litigation, or (E) in connection with the actual or potential exercise or enforcement of any right or remedy under any Loan Document. The obligations of Bank and its Affiliates under this Section 12.8 shall supersede and replace any other confidentiality obligations agreed to by Bank or its Affiliatespress release.

Confidentiality and Publicity. Other than as may be required by applicable Law and regulation or by any governmental or regulatory authority, no Party shall disclose to any person (a) Borrower shall notincluding for the avoidance of doubt, any other Commitment Party), other than legal, accounting, financial and other advisors to the Company Parties (who are under obligations of confidentiality to the Company Parties with respect to such disclosure, and whose compliance with such obligations the Company Parties shall not permit be responsible for), the name or the principal amount or percentage of the Company Claims/Interests held by any Commitment Party or any of its Affiliates to: respective subsidiaries (iincluding, for the avoidance of doubt, any Company Claims/Interests acquired pursuant to any Transfer); provided, however, that the Company Parties shall be permitted to disclose at any time the aggregate principal amount of, and aggregate percentage of, any class of the Company Claims/Interests held by the Commitment Parties collectively; and, provided, further, that the Company Parties may disclose the names of any Commitment Party (at the institution level) publish or disclose any materials containing Bank’s name, including in any press release or otherwise at a hearing in connection with the Chapter 11 Cases, but not the principal amount or percentage of the Company Claims/Interests held by any advertising such Commitment Party or marketing, without first obtaining Bank’s prior written consent, or (ii) use Bank’s name (or the name of any of its Affiliates) in connection with its operations or businessrespective subsidiaries (including, for the avoidance of doubt, any Company Claims/Interests acquired pursuant to any Transfer). Notwithstanding the foregoing, Bank acknowledges that Borrower may disclose and make available the Commitment Parties hereby consent to the public materials containing Bank’s name disclosure of the execution, terms and contents of this Agreement by the Company Parties in the Definitive Documents or other information to the extent as otherwise required by the Securities and Exchange Commission law or in connection with Borrower’s submission of reports or information to the Securities and Exchange Commission. (b) In handling any confidential information, Bank shall exercise commercially reasonable efforts to maintain in confidence, in accordance with its customary procedures for handling confidential information, all written non-public information furnished to Bank on a confidential basis clearly identified at the time of delivery as such (“Confidential Information”) other than any such Confidential Information that becomes generally available to the public or becomes available to Bank from a source other than Borrower and that is not known to Bank to be subject to confidentiality obligationsregulation; provided, however, that Bank (i) if any of the Company Parties determines that they are required to attach a copy of this Agreement, any Joinder or Transfer Agreement to any Definitive Documents or any other filing or similar document relating to the transactions contemplated hereby, they will redact any reference to or identifying information concerning a specific Commitment Party and its Affiliates such Commitment Party’s holdings (including before filing any pleading with the Bankruptcy Court) and (ii) if disclosure of additional identifying information of any Commitment Party is required by applicable Law, advance notice of the intent to disclose, if permitted by applicable Law, shall be given by the disclosing Party to each Commitment Party (who shall have the right to disclose Confidential Information to: seek a protective order prior to disclosure). The Company Parties further agree that such information shall be redacted from “closing sets” or other representations of the fully executed Agreement, any Joinder or Transfer Agreement. Notwithstanding the foregoing, the Company Parties will submit to counsel for the Commitment Parties all press releases, public filings, public announcements or other communications with any news media, in each case, to be made by the Company Parties relating to this Agreement or the transactions contemplated hereby and any amendments thereof at least two (i2) Business Days (it being understood that such Person’s Affiliates; (ii) such Person or such Person’s Affiliates’ lenders, funding sources, or financing sources; (iii) such Person’s or such Person’s Affiliates’ directors, officers, trustees, partners, members, managers, employees, agents, advisors, representatives, attorneys, equity owners, professional consultants, portfolio management services and rating agencies; (iv) any successor or assign of Bank; (v) any Person to whom Bank offers to sell, assign or transfer any Credit Extension or any part thereof or any interest or participation therein; (vi) any Person that provides statistical analysis and/or information services to Bank or its Affiliates; and (vii) any Person (A) period may be shortened to the extent required by it by there are exigent circumstances that require such public communication to be made to comply with applicable law, (B) as may be required in connection with the examination, audit, or similar investigation of Bank, (C) in response advance of release and will take such counsel’s view with respect to any subpoena such communications into account. Nothing contained herein shall be deemed to waive, amend or other legal process or informal investigative demand, (D) in connection with any litigation, or (E) in connection with modify the actual or potential exercise or enforcement terms of any right or remedy under any Loan Document. The obligations of Bank and its Affiliates under this Section 12.8 shall supersede and replace any other confidentiality obligations agreed to by Bank or its AffiliatesConfidentiality Agreement.

Confidentiality and Publicity. (a) Borrower shall not, and shall not permit any of its Affiliates to: (i) publish or disclose any materials containing Bank’s name, including in any press release or otherwise in connection with any advertising or marketing, without first obtaining Bank’s prior written consent, or (ii) use Bank’s name (or the name of any of its Affiliates) in connection with its operations or business. Notwithstanding the foregoing, Bank acknowledges that Borrower may disclose and make available to the public materials containing Bank’s name or other information to the extent required by the Securities and Exchange Commission or in connection with Borrower’s submission of reports or information to the Securities and Exchange Commission. (b) In handling any confidential information, Bank shall exercise commercially reasonable efforts the same degree of care that Bank exercises with respect to its own proprietary information to maintain in confidence, in accordance with its customary procedures for handling confidential information, all written non-public information furnished to Bank on a confidential basis clearly identified at the time of delivery as such (“Confidential Information”) other than any such Confidential Information that becomes generally available to the public or becomes available to Bank from a source other than Borrower and that is not known to Bank to be subject to confidentiality obligations; provided, that Bank and its Affiliates shall have the right to disclose Confidential Information to: (i) Bank’s Affiliates in connection with their present or prospective business relations with Borrower as long as such Person’s Affiliatesentities are subject to similar confidentiality provisions; (ii) such Person or such Person’s Affiliates’ lenders, funding sources, or financing sources; (iii) such Person’s or such Person’s Affiliates’ directors, officers, trustees, partners, members, managers, employees, agents, advisors, representatives, attorneys, equity owners, professional consultants, portfolio management services and rating agencies; (iv) any successor or assign of Bank; (v) any Person to whom Bank offers to sell, assign or transfer any Credit Extension or any part thereof or any interest or participation therein, provided that such Person subject to similar confidentiality provisions; (vi) any Person that provides statistical analysis and/or information services to Bank or its Affiliates; and (vii) any Person (A) to the extent required by it by law, (B) as may be required in connection with the examination, audit, or similar investigation of BankBank by appropriate authorities, (C) in response to any subpoena or other legal process or informal governmental investigative demand, (D) in connection with any litigation, or (E) € in connection with the actual or potential exercise or enforcement of any right or remedy under any Loan Document. The obligations of Bank and its Affiliates under this Section 12.8 shall supersede and replace any other confidentiality obligations agreed to by Bank or its Affiliates.

Confidentiality and Publicity. (a) Borrower shall notEach Warrantor agrees to, and shall not permit any of cause its Affiliates agents, representatives, Affiliates, employees, officers and directors to: (i) publish treat and hold as confidential (and not disclose or disclose provide access to any materials containing Bank’s namePerson to) all confidential or proprietary information with respect to the Purchaser or the Group Companies or relating to the transactions contemplated hereby, including in any press release or otherwise in connection with any advertising or marketing, without first obtaining Bank’s prior written consent, or (ii) use Bank’s name (in the event that any Warrantor or any such agent, representative, Affiliate, employee, officer or director becomes legally compelled to disclose any such information and to the extent reasonably practicable and legally permissible, provide the Purchaser and the Company with prompt written notice of such requirement so that the Purchaser or the name applicable Group Company may seek a protective order or other remedy or waive compliance with this Section 6.5(a), and (iii) in the event that such protective order or other remedy is not obtained prior to the date such disclosure is required to be made, or the Purchaser and the Company waive compliance with this Section 6.5(a), furnish only that portion of such confidential information which is legally required to be provided and exercise its reasonable best efforts to obtain assurances that confidential treatment will be accorded to such information, provided, however, that to the extent legally permissible, each Warrantor shall have provided a draft of the proposed disclosure to the Purchaser and the Company reasonably in advance and shall in good faith consider any comments to the content of such proposed disclosure; provided, further, that this Section 6.5(a) shall not apply to any information that, at the time of disclosure, is in the public domain and was not disclosed in breach of this Agreement by any Warrantor or any of its agents, representatives, Affiliates) in connection with its operations , employees, officers or business. Notwithstanding the foregoing, Bank acknowledges that Borrower may disclose and make available to the public materials containing Bank’s name or other information to the extent required by the Securities and Exchange Commission or in connection with Borrower’s submission of reports or information to the Securities and Exchange Commissiondirectors. (b) In handling any confidential informationNo Party shall make, Bank shall exercise commercially reasonable efforts to maintain in confidence, in accordance with its customary procedures for handling confidential information, all written non-public information furnished to Bank on a confidential basis clearly identified at the time of delivery as such (“Confidential Information”) other than any such Confidential Information that becomes generally available to the public or becomes available to Bank from a source other than Borrower and that is not known to Bank cause to be subject to confidentiality obligations; providedmade, that Bank and its Affiliates shall have any press release or public announcement in respect of this Agreement or the right to disclose Confidential Information to: transactions contemplated hereby or otherwise communicate with any news media without the prior written consent of the Purchaser (i) such Person’s Affiliates; (ii) such Person in the case of a proposed release or such Person’s Affiliates’ lendersannouncement by the Seller, funding sourcesthe Seller Parent or the Company), or financing sources; of the Seller (iii) in the case of a proposed release or announcement by the Purchaser), unless otherwise required by Law or Government Authority (in which case the Party being required to make such Person’s press release or such Person’s Affiliates’ directorspublic announcement shall, officers, trustees, partners, members, managers, employees, agents, advisors, representatives, attorneys, equity owners, professional consultants, portfolio management services and rating agencies; (iv) any successor or assign of Bank; (v) any Person to whom Bank offers to sell, assign or transfer any Credit Extension or any part thereof or any interest or participation therein; (vi) any Person that provides statistical analysis and/or information services to Bank or its Affiliates; and (vii) any Person (A) to the extent required by it by lawlegally permissible, provide the Purchaser (Bif such Party is the Seller or the Seller Parent) or the Seller (if such Party is the Purchaser) with a draft of the proposed press release or public announcement reasonably in advance and shall in good faith consider any comments from the Purchaser or the Seller, as may be required in connection with applicable, to the examination, audit, content of such proposed press release or similar investigation of Bank, (C) in response to any subpoena or other legal process or informal investigative demand, (D) in connection with any litigation, or (E) in connection with the actual or potential exercise or enforcement of any right or remedy under any Loan Document. The obligations of Bank and its Affiliates under this Section 12.8 shall supersede and replace any other confidentiality obligations agreed to by Bank or its Affiliatespublic announcement).

Confidentiality and Publicity. (a) Borrower Each Member agrees that it shall not, (and shall not permit any of cause its Affiliates and its and their officers, directors, employees, legal counsel, agents and representatives (together with the Affiliates, the "Confidentiality Affiliates") to: ) (i1) publish or hold confidential and not disclose any materials containing Bank’s name, including in any press release or otherwise (other than by a Member to its Confidentiality Affiliates having a reasonable need to knew in connection with any advertising the permitted purposes hereunder), without the prior written consent of the other Members, all confidential or proprietary written, recorded or oral information or data (including research, developmental, engineering, manufacturing, technical, marketing, without first obtaining Bank’s prior written consentsales, financial, operating, performance, cost, business and process information or data, know how and computer programming and other software techniques) provided or developed by the Company, another Member or its Confidentiality Affiliates in connection herewith or with the Project Partnerships, whether such confidentiality or proprietary status is indicated orally or in writing or in a context in which the Company or the disclosing Member or its Confidentiality Affiliates reasonably communicated, or the receiving Member or its Confidentiality Affiliates should reasonably have understood, that the information should be treated as confidential, whether or not the specific words "confidential" or "proprietary" are used (ii"Confidential Information") and (2) use Bank’s name (or such Confidential Information only for the name purposes of performing its obligations hereunder to which it is a party and carrying on the business of the Company; provided, however, that Members may disclose any of its Affiliates) such Confidential Information on a confidential basis to current and prospective lenders in connection with its operations a loan or business. Notwithstanding the foregoingprospective loan to a Member and to prospective purchasers of a Membership Interest from a Member, Bank acknowledges that Borrower may disclose as well as to their legal counsel, agents and make available to the public materials containing Bank’s name or other information to the extent required by the Securities and Exchange Commission or in connection with Borrower’s submission of reports or information to the Securities and Exchange Commissionrepresentatives. (b) In handling any confidential informationThe obligations contained in the preceding paragraph shall not apply, Bank or shall exercise commercially reasonable efforts cease to maintain in confidenceapply, in accordance with its customary procedures for handling confidential informationto Confidential Information if or when, all written non-public information furnished and to Bank on a confidential basis clearly identified at the time of delivery as such (“Confidential Information”) other than any extent that, such Confidential Information that becomes generally available (1) was known to the public receiving Member or its Confidentiality Affiliates prior to receipt from the Company or the disclosing Member or its Confidentiality Affiliates, (2) was, or becomes available to Bank from a source other than Borrower and that is not through no breach of the receiving Member's obligations hereunder, known to Bank the public, (3) becomes known to the receiving Member or its Confidentiality Affiliates from other sources under circumstances not-involving any breach of any confidentiality obligation between such source and the disclosing Member's or discloser's Confidentiality Affiliates or a third party, (4) is independently developed by the receiving Member or its Confidentiality Affiliates, or (5) is required to be subject to confidentiality obligations; provided, that Bank and its Affiliates shall have the right to disclose Confidential Information to: (i) such Person’s Affiliates; (ii) such Person or such Person’s Affiliates’ lenders, funding sources, or financing sources; (iii) such Person’s or such Person’s Affiliates’ directors, officers, trustees, partners, members, managers, employees, agents, advisors, representatives, attorneys, equity owners, professional consultants, portfolio management services and rating agencies; (iv) any successor or assign of Bank; (v) any Person to whom Bank offers to sell, assign or transfer any Credit Extension or any part thereof or any interest or participation therein; (vi) any Person that provides statistical analysis and/or information services to Bank or its Affiliates; and (vii) any Person (A) to the extent required by it disclosed by law, governmental regulation or applicable legal process. (Bc) Except as may required by applicable law, each Member agrees that it will not issue or release for external publication any article or advertising or publicity matter relating to the Company or the Project Partnerships without the prior consent of the Management Committee, which consent shall not be required in connection with the examination, audit, unreasonably withheld or similar investigation of Bank, (C) in response to any subpoena or other legal process or informal investigative demand, (D) in connection with any litigation, or (E) in connection with the actual or potential exercise or enforcement of any right or remedy under any Loan Document. The obligations of Bank and its Affiliates under this Section 12.8 shall supersede and replace any other confidentiality obligations agreed to by Bank or its Affiliatesdelayed.

Confidentiality and Publicity. (a) Borrower shall not, and shall not permit any of its Affiliates to: (i) publish or disclose any materials containing Bank’s name, including in any press release or otherwise in connection with any advertising or marketing, without first obtaining Bank’s prior written consent, or (ii) use Bank’s name (or the name of any of its Affiliates) in connection with its operations or business. Notwithstanding the foregoing, Bank acknowledges that Borrower may disclose and make available to the public materials containing Bank’s name or other information to the extent required by the Securities and Exchange Commission or in connection with Borrower’s submission of reports or information to the Securities and Exchange Commission. (b) In handling any confidential information, Bank shall exercise commercially reasonable efforts to maintain in confidence, in accordance with its customary procedures for handling confidential information, all written non-public information furnished to Bank on a confidential basis clearly identified at the time of delivery as such (“Confidential Information”) other than any such Confidential Information that becomes generally available to the public or becomes available to Bank from a source other than Borrower and that is not known to Bank to be subject to confidentiality obligations; provided, that Bank and its Affiliates shall have the right to disclose Confidential Information to: (i) such Person’s Affiliates; (ii) such Person or such Person’s Affiliates’ lenders, funding sources, or financing sources; (iii) such Person’s or such Person’s Affiliates’ directors, officers, trustees, partners, members, managers, employees, agents, advisors, representatives, attorneys, equity owners, professional consultants, portfolio management services and rating agencies; (iv) any successor or assign of Bank; (v) any Person to whom Bank offers to sell, assign or transfer any Credit Extension or any part thereof or any interest or participation therein; (vi) any Person that provides statistical analysis and/or information services to Bank or its 19. Affiliates; and (vii) any Person (A) to the extent required by it by law, (B) as may be required in connection with the examination, audit, or similar investigation of Bank, (C) in response to any subpoena or other legal process or informal investigative demand, (D) in connection with any litigation, or (E) in connection with the actual or potential exercise or enforcement of any right or remedy under any Loan Document. The obligations of Bank and its Affiliates under this Section 12.8 shall supersede and replace any other confidentiality obligations agreed to by Bank or its Affiliates.

Confidentiality and Publicity. (a) Borrower shall not, and shall not permit any of its Affiliates to: (i) publish or disclose any materials containing Bank’s name, including in any press release or otherwise in connection with any advertising or marketing, without first obtaining Bank’s prior written consent, which consent shall not be unreasonably withheld or (ii) use Bank’s name (or the name of any of its Affiliates) in connection with its operations or business. Notwithstanding the foregoing, Bank acknowledges that ; provided nothing shall prevent Borrower may disclose and make available to the public materials containing Bank’s name or other information to the extent from making any disclosures required by applicable law or to enforce the Securities and Exchange Commission or in connection with Borrower’s submission terms of reports or information to the Securities and Exchange Commissionthis Agreement. (b) In handling any confidential information, Bank shall exercise commercially reasonable efforts to maintain in confidence, in accordance with its customary procedures for handling confidential information, all written non-public information furnished to Bank on a confidential basis clearly identified at the time of delivery as such (“Confidential Information”) other than any such Confidential Information that becomes generally available to the public or becomes available to Bank from a source other than Borrower and that is not known to Bank to be subject to confidentiality obligations; provided, that Bank and its Affiliates shall have the right to disclose Confidential Information to: (i) such Person’s Affiliates; (ii) such Person or such Person’s Affiliates’ lenders, funding sources, or financing sources; (iii) such Person’s or such Person’s Affiliates’ directors, officers, trustees, partners, members, managers, employees, agents, advisors, representatives, attorneys, equity owners, professional consultants, portfolio management services and rating agencies; (iv) any successor or assign of Bank; (v) any Person to whom Bank offers to sell, assign or transfer any Credit Extension or any part thereof or any interest or participation therein; (vi) any Person that provides statistical analysis and/or information services to Bank or its Affiliates; and (vii) any Person (A) to the extent required by it by law, (B) as may be required in connection with the examination, audit, or similar investigation of Bank, (C) in response to any subpoena or other legal process or informal investigative demand, (D) in connection with any litigation, or (E) in connection with the actual or potential exercise or enforcement of any right or remedy under any Loan Document. The obligations of Bank and its Affiliates under this Section 12.8 shall supersede and replace any other confidentiality obligations agreed to by Bank or its Affiliates.

Confidentiality and Publicity. (a) Borrower shall not, Borrowers and shall not permit Agent hereby agree that either party or any of its Affiliates to: Affiliate thereof may (i) publish disclose a general description of transactions arising under the Loan Documents for advertising, marketing or other similar purposes and (ii) use any Borrower Party’s name, logo or other indicia germane to such party in connection with such advertising, marketing or other similar purposes. Each Borrower agrees, and agrees to cause each of its Affiliates, except as required by law (including, without limitation, any filing by RLH) (i) not to transmit or disclose any materials containing Bankprovision of any Loan Document to any Person (other than to any Borrower’s name, including in any press release or otherwise in connection with any advertising or marketing, advisors and officers on a need-to-know basis) without first obtaining BankAgent’s prior written consent, or (ii) to inform all Persons of the confidential nature of the Loan Documents and to direct them not to disclose the same to any other Person and to require each of them to be bound by these provisions and (iii) not to use BankAgent’s name (or the name of any of its Agent’s Affiliates) in connection with its operations any press releases or business. Notwithstanding the foregoing, Bank acknowledges that Borrower may disclose and make available to the public materials containing Banksuch similar purposes without Agent’s name or other information to the extent required by the Securities and Exchange Commission or in connection with Borrower’s submission of reports or information to the Securities and Exchange Commissionprior written consent. (b) In handling any confidential information, Bank Agent and Borrowers shall exercise commercially reasonable efforts to maintain in confidence, in accordance with its customary procedures for handling confidential information, all written non-public nonpublic information furnished of any party to Bank any Loan Document that any party to any Loan Document furnishes on a confidential basis clearly identified at the time of delivery as such (“Confidential Information”) ), other than any such Confidential Information that becomes generally available to the public or becomes available to Bank Agent or Borrowers from a source other than Borrower a party to a Loan Document and that is not known to Bank such recipient to be subject to confidentiality obligations; provided, that Bank Agent, Borrowers and its their respective Affiliates shall have the right to disclose Confidential Information to: (i) any Borrower Party or its Affiliates, (ii) such Person’s Affiliates; (ii) such Person or such Person’s Affiliates’ lenders, funding sources, or financing sources; (iii) such Person’s or such Person’s Affiliates’ directorslenders, officers, trustees, partners, members, managers, employees, agents, advisors, representatives, attorneys, equity owners, professional consultants, portfolio management services and rating agencies; (iv) any successor funding or assign of Bank; (v) any Person to whom Bank offers to sell, assign or transfer any Credit Extension or any part thereof or any interest or participation therein; (vi) any Person that provides statistical analysis and/or information services to Bank or its Affiliates; and (vii) any Person (A) to the extent required by it by law, (B) as may be required in connection with the examination, audit, or similar investigation of Bank, (C) in response to any subpoena or other legal process or informal investigative demand, (D) in connection with any litigation, or (E) in connection with the actual or potential exercise or enforcement of any right or remedy under any Loan Document. The obligations of Bank and its Affiliates under this Section 12.8 shall supersede and replace any other confidentiality obligations agreed to by Bank or its Affiliates.financing sources;

Confidentiality and Publicity. Each Borrower agrees, and agrees to cause each of its Affiliates, (ai) except to the extent required by applicable laws or regulations (in which case such Borrower shall notshall, and shall cause its Affiliates to, request and use its best efforts to obtain confidential treatment of such information to the extent permitted by applicable law), not to transmit or disclose any provision of any Loan Document to any Person (other than to such Borrower's directors, advisors, officers, shareholders, and investors on a need-to-know basis) without Agent's prior written consent, and (ii) to inform all Persons of the confidential nature of the Loan Documents and to direct them not to disclose the same to any other Person and to require each of them to be bound by these provisions. Agent and each Lender reserve the right to review and approve all materials that any Borrower or any of its Affiliates prepares that contain Agent's or such Lender's name or describe or refer to any Loan Document, any of the terms thereof or any of the transactions contemplated thereby (other than materials prepared solely for such Borrower's internal use and which are not disclosed to any other Person). No Borrower shall, nor shall any permit Borrower any of its Affiliates to: (i) publish , use either Agent's or disclose any materials containing Bank’s name, including in any press release or otherwise in connection with any advertising or marketing, without first obtaining Bank’s prior written consent, or (ii) use Bank’s Lender's name (or the name of any of its Agent's or any Lenders' Affiliates) in connection with any of its operations or business. Notwithstanding the foregoingbusiness operations, Bank acknowledges that Borrower may disclose and make available to the public materials containing Bank’s name or other information to the extent required by the Securities and Exchange Commission or in connection with Borrower’s submission of reports or information to the Securities and Exchange Commission. (b) In handling any confidential information, Bank shall exercise commercially reasonable efforts to maintain in confidence, in accordance with its customary procedures for handling confidential information, all written non-public information furnished to Bank on a confidential basis clearly identified at the time of delivery as such (“Confidential Information”) other than any such Confidential Information that becomes generally available to the public or becomes available to Bank from a source other than Borrower and that is not known to Bank to be subject to confidentiality obligations; provided, that Bank Borrowers may disclose the Lenders' names, the aggregate principal amount of the Loans outstanding and other principal terms of such Loans to their shareholders and other equity owners and prospective purchasers of debt or equity securities of Borrowers so long as Borrowers inform such prospective purchasers of the confidential nature of such information and such Persons agree in writing not to disclose the same to any other Person and to be bound by the confidentiality provisions of this Agreement. Nothing contained in any Loan Document is intended to permit or authorize any Borrower or any of its Affiliates shall have the right to disclose Confidential Information to: (i) such Person’s Affiliates; (ii) such Person or such Person’s Affiliates’ lenders, funding sources, or financing sources; (iii) such Person’s or such Person’s Affiliates’ directors, officers, trustees, partners, members, managers, employees, agents, advisors, representatives, attorneys, equity owners, professional consultants, portfolio management services and rating agencies; (iv) any successor or assign of Bank; (v) any Person to whom Bank offers to sell, assign or transfer any Credit Extension or any part thereof or any interest or participation therein; (vi) any Person that provides statistical analysis and/or information services to Bank or its Affiliates; and (vii) any Person (A) to the extent required by it by law, (B) as may be required in connection with the examination, audit, or similar investigation of Bank, (C) in response to any subpoena or other legal process or informal investigative demand, (D) in connection with any litigation, or (E) in connection with the actual or potential exercise or enforcement of any right or remedy under any Loan Document. The obligations of Bank and its Affiliates under this Section 12.8 shall supersede and replace any other confidentiality obligations agreed to by Bank or its Affiliates.contract on

Confidentiality and Publicity. 27.1 Subject to the exceptions provided in clauses 27.2 and 27.3, neither of the Parties shall, from the Effective Date until the expiry or termination of this Agreement or within the period of [two (2)] years following such expiry or termination of this Agreement, without the consent of the other Party, divulge or allow or permit its officers, employees, agents or contractors to divulge, to any person or entity any of the contents of this Agreement or any commercially confidential information relating to the negotiations concerning this Agreement or any commercially confidential information relating to this Agreement which may come to a Party's knowledge in the course of such negotiations or otherwise concerning the operations, contracts, commercial or financial arrangements or affairs of the other Party. 27.2 The restrictions imposed by clause 27.1 shall not apply to the disclosure of any information: (a) Borrower shall notwhich now or hereafter comes into the public domain otherwise than as a result of a breach of an undertaking of confidentiality or which is obtainable from sources other than the Parties; (b) where and to the extent it is required under Applicable Laws to be disclosed to any person who is authorised by such Applicable Laws to receive the same; (c) where and to the extent it is required to be disclosed by the regulations of any recognised exchange upon which the share capital of the Party making the disclosure is or is proposed to be from time to time listed or dealt in; (d) where and to the extent it is required to be given to a court, and shall not permit arbitrator or administrative tribunal in the course of proceedings before it to which the disclosing Party is party; (e) which is given by a Party to any of its officers or employees or to any of its Affiliates to: or such Affiliate's officers or employees who require the same to enable them properly to carry out their duties, provided that such persons are bound by obligations of confidentiality equivalent to those in this clause 27; (if) publish or disclose any materials containing Bank’s name, including in any press release or otherwise in connection with any advertising or marketing, without first obtaining Bank’s prior written consent, or (ii) use Bank’s name (or the name of which is given by a Party to any of its Affiliatesconsultants, banks, financiers, insurers or advisors or to any of its Affiliate or such Affiliate's consultants, banks, financiers, insurers or advisors, provided that such persons are bound by obligations of confidentiality equivalent to those in this clause 27; (g) in connection with its operations or business. Notwithstanding the foregoing, Bank acknowledges that Borrower may disclose and make available to the public materials containing Bank’s name or other information to the extent required which is given by the Securities and Exchange Commission or in connection with Borrower’s submission of reports or information Seller to the Securities and Exchange Commission. (b) In handling any confidential information, Bank shall exercise commercially reasonable efforts to maintain in confidence, in accordance with its customary procedures for handling confidential information, all written non-public information furnished to Bank on a confidential basis clearly identified at the time of delivery as such (“Confidential Information”) other than any such Confidential Information that becomes generally available to the public or becomes available to Bank from a source other than Borrower and that is not known to Bank to be subject to confidentiality obligations; provided, that Bank and its Affiliates shall have the right to disclose Confidential Information to: (i) such Person’s Affiliates; (ii) such Person or such Person’s Affiliates’ lenders, funding sourcesbona fide potential investor in, or financing sources; purchaser of the shares in, the Seller or the assets comprising the Facility (iii) such Person’s or such Person’s Affiliates’ directors, officers, trustees, partners, members, managers, employees, agents, advisors, representatives, attorneys, equity owners, their professional consultants, portfolio management services and rating agenciesbanks, financiers, or advisors), provided that such persons are bound by obligations of confidentiality equivalent to those in this clause 27; or (ivh) any successor or assign of Bank; (v) any Person to whom Bank offers to sell, assign or transfer any Credit Extension or any part thereof or any interest or participation therein; (vi) any Person that provides statistical analysis and/or information services to Bank or its Affiliates; and (vii) any Person (A) which is given to the extent required by it by law, (B) as may be required in connection with the examination, audit, or similar investigation of Bank, (C) in response Licensed Supplier. 27.3 Without prejudice to any subpoena other rights or remedies which a Party may have, the Parties acknowledge and agree that damages would not be an adequate remedy for any breach of this clause 27 and the remedies of injunction, specific performance and other legal process equitable relief are appropriate for any threatened or informal investigative demand, (D) in connection with any litigation, or (E) in connection with the actual or potential exercise or enforcement breach of any right or remedy under any Loan Document. The obligations of Bank and its Affiliates under this Section 12.8 shall supersede and replace any other confidentiality obligations agreed to by Bank or its Affiliatessuch provision.

Confidentiality and Publicity. (a) Borrower shall not, and shall not permit any of its Affiliates to: (i) publish or disclose any materials containing Bank’s name, including in any press release or otherwise in connection with any advertising or marketing, without first obtaining Bank’s prior written consent, or (ii) use Bank’s name (or the name of any of its Affiliates) in connection with its operations or business. Notwithstanding the foregoing, Bank acknowledges that Borrower may disclose and make available to the public materials containing Bank’s name or other information to the extent required by the Securities and Exchange Commission or in connection with Borrower’s submission of reports or information to the Securities and Exchange Commission. (b) In handling any confidential information, Bank shall exercise commercially reasonable efforts to maintain in confidence, in accordance with its customary procedures for handling confidential information, all written non-public information furnished to Bank on a confidential basis, it being understood and agreed that all information furnished to Bank by Borrower shall be deemed to be provided on a confidential basis unless clearly identified as non-confidential at the time of delivery as of such (“Confidential Information”) other than any such Confidential Information that becomes generally available to the public or becomes available to Bank from a source other than Borrower and that is not known to Bank to be subject to confidentiality obligations; provided, that Bank and its Affiliates shall have the right to disclose Confidential Information to: (i) such Person’s Affiliates; (ii) such Person or such Person’s Affiliates’ lenders, funding sources, or financing sources; (iii) such Person’s or such Person’s Affiliates’ directors, officers, trustees, partners, members, managers, employees, agents, advisors, representatives, attorneys, equity owners, professional consultants, portfolio management services and rating agencies; (iv) any permitted successor or assign of Bank; provided, that each such Person receiving confidential information pursuant to the foregoing clauses (i) through (iv) is subject to similar obligations of confidentiality; (v) any Person to whom Bank offers to sell, assign or transfer any Credit Extension or any part thereof or any interest or participation therein; (vi) any Person that provides statistical analysis and/or information services to Bank or its Affiliates; and (vii) any Person (A) to the extent required by it by law, (B) as may be required in connection with the examination, audit, or similar investigation of Bank, (C) in response to any subpoena or other legal process or informal investigative demand, (D) in connection with any litigation, or (E) in connection with the actual or potential exercise or enforcement of any right or remedy under any Loan Document. The obligations of Bank and its Affiliates under this Section 12.8 shall supersede and replace any other confidentiality obligations agreed to by Bank or its Affiliates.

Confidentiality and Publicity. (a) Borrower shall not, and shall not permit any of its Affiliates to: (i) publish or disclose any materials containing Bank’s name, including in any press release or otherwise in connection with any advertising or marketing, without first obtaining Bank’s prior written consent, or (ii) use Bank’s name (or the name of any of its Affiliates) in connection with its operations or business. Notwithstanding the foregoing, Bank acknowledges that Borrower may disclose and make available to the public materials containing Bank’s name or other information to the extent required by the Securities and Exchange Commission or in connection with Borrower’s submission of reports or information to the Securities and Exchange Commission. (b) In handling any confidential information, Bank shall exercise commercially reasonable efforts to maintain in confidence, in accordance with its customary procedures for handling confidential information, all written non-public information furnished to Bank on a confidential basis, it being understood and agreed that all information furnished to Bank by Borrower shall be deemed to be provided on a confidential basis unless clearly identified as non-confidential at the time of delivery as of such (“Confidential Information”) other than any such Confidential Information that becomes generally available to the public or becomes available to Bank from a source other than Borrower and that is not known to Bank to be subject to confidentiality obligations; provided, that Bank and its Affiliates shall have the right to disclose Confidential Information to: (i) such Person’s Affiliates; (ii) such Person or such Person’s Affiliates’ lenders, funding sources, or financing sources; (iii) such Person’s or such Person’s Affiliates’ directors, officers, trustees, partners, members, managers, employees, agents, advisors, , 21. representatives, attorneys, equity owners, professional consultants, portfolio management services and rating agencies; (iv) any permitted successor or assign of Bank; provided, that each such Person receiving confidential information pursuant to the foregoing clauses (i) through (iv) is subject to similar obligations of confidentiality; (v) any Person to whom Bank offers to sell, assign or transfer any Credit Extension or any part thereof or any interest or participation therein; (vi) any Person that provides statistical analysis and/or information services to Bank or its Affiliates; and (vii) any Person (A) to the extent required by it by law, (B) as may be required in connection with the examination, audit, or similar investigation of Bank, (C) in response to any subpoena or other legal process or informal investigative demand, (D) in connection with any litigation, or (E) in connection with the actual or potential exercise or enforcement of any right or remedy under any Loan Document. The obligations of Bank and its Affiliates under this Section 12.8 shall supersede and replace any other confidentiality obligations agreed to by Bank or its Affiliates.

Confidentiality and Publicity. (a) Borrower shall notEach Selling Shareholder agrees to, and shall not permit any of cause its Affiliates agents, representatives, Affiliates, employees, officers and directors to: (i) publish treat and hold as confidential (and not disclose or disclose provide access to any materials containing Bank’s namePerson to) all confidential or proprietary information with respect to the Purchaser and the Issuer or the Group Companies or relating to the transactions contemplated hereby, including in any press release or otherwise in connection with any advertising or marketing, without first obtaining Bank’s prior written consent, or (ii) use Bank’s name (in the event that any Selling Shareholder or any such agent, representative, Affiliate, employee, officer or director becomes legally compelled to disclose any such information, provide the Purchaser, the Issuer and the Company with prompt written notice of such requirement so that the Purchaser, the Issuer or the name applicable Group Company may seek a protective order or other remedy or waive compliance with this Section 6.5(a), and (iii) in the event that such protective order or other remedy is not obtained, or the Purchaser, the Issuer and the Company waive compliance with this Section 6.5(a), furnish only that portion of such confidential information which is legally required to be provided and exercise its best efforts to obtain assurances that confidential treatment will be accorded such information, provided, however, that such Selling Shareholder shall have provided a draft of the proposed disclosure to the Purchaser, the Issuer and the Company reasonably in advance and shall have obtained written confirmation from the Purchaser, the Issuer and the Company that they have no further comments to the content of such proposed disclosure; provided, further, that this Section 6.5(a) shall not apply to any information that, at the time of disclosure, is in the public domain and was disclosed not in breach of this Agreement by any Selling Shareholder or any of its agents, representatives, Affiliates) , employees, officers or directors, or was disclosed in connection accordance with its operations Law or business. Notwithstanding the foregoing, Bank acknowledges that Borrower may disclose and make available to the public materials containing Bank’s name or other information to the extent required by the Securities and Exchange Commission or in connection with Borrower’s submission of reports or information to the Securities and Exchange CommissionGovernment Authority. (b) In handling any confidential informationThe Purchaser and the Issuer agrees to, Bank and shall exercise commercially reasonable efforts to maintain in confidencecause its agents, in accordance with its customary procedures for handling confidential informationrepresentatives, all written non-public information furnished to Bank on a confidential basis clearly identified at the time of delivery as such (“Confidential Information”) other than any such Confidential Information that becomes generally available to the public or becomes available to Bank from a source other than Borrower Affiliates, employees, officers and that is not known to Bank to be subject to confidentiality obligations; provided, that Bank and its Affiliates shall have the right to disclose Confidential Information directors to: (i) such Person’s Affiliates; treat and hold as confidential (and not disclose or provide access to any Person to) all confidential or proprietary information with respect to the Selling Shareholders or the Group Companies or relating to the transactions contemplated hereby, (ii) in the event that the Purchaser, the Issuer or any such Person agent, representative, Affiliate, employee, officer or director becomes legally compelled to disclose any such Person’s Affiliates’ lendersinformation, funding sourcesprovide the Selling Shareholders and the Company with prompt written notice of such requirement so that the Selling Shareholders or the applicable Group Company may seek a protective order or other remedy or waive compliance with this Section 6.5(b), or financing sources; and (iii) in the event that such Person’s protective order or other remedy is not obtained, or the Majority Offshore Selling Shareholders and the Company waive compliance with this Section 6.5(b), furnish only that portion of such Person’s confidential information which is legally required to be provided and exercise its reasonable best efforts to obtain assurances that confidential treatment will be accorded such information, provided, however, that, to the extent possible, the Purchaser or the Issuer shall have provided a draft of the proposed disclosure to the Selling Shareholders and the Company reasonably in advance and shall have obtained written confirmation from the Majority Offshore Selling Shareholders and the Company that they have no further comments to the content of such proposed disclosure; provided, further, that this Section 6.5(b) shall not apply to any information that, at the time of disclosure, is in the public domain and was disclosed not in breach of this Agreement by the Purchaser, the Issuer or any of its agents, representatives, Affiliates’ directors, officers, trustees, partners, members, managers, employees, agentsofficers or directors, advisorsor was disclosed in accordance with Law or Government Authority. (c) No Party shall make, representativesor cause to be made, attorneysany press release or public announcement in respect of this Agreement or the transactions contemplated hereby or otherwise communicate with any news media without the prior written consent of (i) the Purchaser and the Issuer (in the case of a proposed release or announcement by any Selling Shareholder or the Company) or (ii) the Majority Offshore Selling Shareholders and the Company (in the case of a proposed release or announcement by the Purchaser or the Issuer), equity owners, professional consultants, portfolio management services and rating agencies; unless otherwise required by Law or Government Authority (iv) any successor in which case the Party being required to make such press release or assign of Bank; (v) any Person to whom Bank offers to sell, assign or transfer any Credit Extension or any part thereof or any interest or participation therein; (vi) any Person that provides statistical analysis and/or information services to Bank or its Affiliates; and (vii) any Person public announcement shall provide (A) to the extent required by it by law, Purchaser and the Issuer (if such Party is any Selling Shareholder) or (B) as may be required the Majority Offshore Selling Shareholders and the Company (if such Party is the Purchaser or the Issuer) with a draft of the proposed press release or public announcement reasonably in connection with advance and shall have obtained written confirmation from (x) the examination, audit, or similar investigation of Bank, (C) in response to any subpoena or other legal process or informal investigative demand, (D) in connection with any litigation, Purchaser and the Issuer or (Ey) in connection with the actual Majority Offshore Selling Shareholders and the Company, as applicable, that it has no further comments to the content of such proposed press release or potential exercise or enforcement of any right or remedy under any Loan Document. The obligations of Bank and its Affiliates under this Section 12.8 shall supersede and replace any other confidentiality obligations agreed to by Bank or its Affiliates.public announcement)

Confidentiality and Publicity. (a) Borrower shall not, Borrowers and shall not permit Agent hereby agree that either party or any of its Affiliates to: Affiliate thereof may (i) publish disclose a general description of transactions arising under the Loan Documents for advertising, marketing or other similar purposes and (ii) use any Borrower Party’s name, logo or other indicia germane to such party in connection with such advertising, marketing or other similar purposes. Each Borrower agrees, and agrees to cause each of its Affiliates, except as required by law (including, without limitation, any filing by RLH) (i) not to transmit or disclose any materials containing Bankprovision of any Loan Document to any Person (other than to any Borrower’s name, including in any press release or otherwise in connection with any advertising or marketing, advisors and officers on a need-to-know basis) without first obtaining BankAgent’s prior written consent, or (ii) to inform all Persons of the confidential nature of the Loan Documents and to direct them not to disclose the same to any other Person and to require each of them to be bound by these provisions and (iii) not to use BankAgent’s name (or the name of any of its Agent’s Affiliates) in connection with its operations any press releases or business. Notwithstanding the foregoing, Bank acknowledges that Borrower may disclose and make available to the public materials containing Banksuch similar purposes without Agent’s name or other information to the extent required by the Securities and Exchange Commission or in connection with Borrower’s submission of reports or information to the Securities and Exchange Commissionprior written consent. (b) In handling any confidential information, Bank Agent and Borrowers shall exercise commercially reasonable efforts to maintain in confidence, in accordance with its customary procedures for handling confidential information, all written non-public nonpublic information furnished of any party to Bank any Loan Document that any party to any Loan Document furnishes on a confidential basis clearly identified at the time of delivery as such (“Confidential Information”) ), other than any such Confidential Information that becomes generally available to the public or becomes available to Bank Agent or Borrowers from a source other than Borrower a party to a Loan Document and that is not known to Bank such recipient to be subject to confidentiality obligations; provided, that Bank Agent, Borrowers and its their respective Affiliates shall have the right to disclose Confidential Information to: (i) any Borrower Party or its Affiliates, (ii) such Person’s Affiliates; (iiiii) such Person Person’s or such Person’s Affiliates’ lenders, funding sources, or financing sources; (iiiiv) such Person’s or such Person’s Affiliates’ directors, officers, trustees, partners, members, managers, employees, agents, advisors, representatives, attorneys, equity owners, professional consultants, portfolio management services and rating agencies; (iv) any successor or assign of Bank; (v) any Person to whom Bank Agent offers or proposes to offer to sell, assign or transfer any Credit Extension the Loan or any part thereof or any interest or participation therein; (vi) any Person that provides statistical analysis and/or information services to Bank Agent or its Affiliates; and or (vii) any Governmental Authority to which Agent is subject at the request or pursuant to any requirement of such Governmental Authority, or in connection with an examination of Agent by any such Governmental Authority; and any Person (A) to the extent required by it by applicable law, (B) as may be required in connection with the examination, audit, or similar investigation of Bank, (C) in response to any subpoena or other legal process or informal investigative demand, or (DC) in connection with any litigation, or (E) in connection with the actual or potential exercise or enforcement of any right or remedy under any Loan Document. The obligations of Bank and its Affiliates under this Section 12.8 shall supersede and replace any other confidentiality obligations agreed to by Bank or its AffiliatesProceeding.

Confidentiality and Publicity. (a) Borrower The Credit Parties agree, and agree to cause each of its Affiliates, (i) except to the extent required by applicable law or regulations (in which case each Credit Party shall, and shall cause its Affiliates to, use its best efforts to obtain confidential treatment of such information), not to transmit or disclose any provision of any Loan Document to any Person (other than to such Credit Party’s directors, advisors, counsel, accountants and officers on a need-to-know basis), in any such case without Agent’s prior written consent, and (ii) to inform all Persons of the confidential nature of the Loan Documents and to direct them not to disclose the same to any other Person and to require each of them to be bound by these provisions. Agent and each Lender reserve the right to review and approve all materials that the Credit Parties or any of their Affiliates prepare that contain Agent’s or such Lender’s name or describe or refer to any Loan Document, any of the terms thereof or any of the transactions contemplated thereby. The Credit Parties shall not, and shall not permit any of its their Affiliates to: (i) publish , use either Agent’s or disclose any materials containing Bank’s name, including in any press release or otherwise in connection with any advertising or marketing, without first obtaining Bank’s prior written consent, or (ii) use BankLender’s name (or the name of any of its Agent’s or any Lender’s Affiliates) in connection with any of its operations or business. Notwithstanding the foregoingBusiness; provided, Bank acknowledges that Borrower may disclose the Lenders’ names, the aggregate principal amount of the Loans outstanding and make available other principal terms of such Loans to (x) its shareholders and other equity owners and prospective purchasers of debt or equity securities of Borrower and (y) Governmental Authorities regulating the public materials containing Bank’s name Business in accordance with applicable legal requirements. Nothing contained in any Loan Document is intended to permit or other information authorize any Credit Party or any of its Affiliates to the extent required by the Securities and Exchange Commission contract on behalf of Agent or in connection with Borrower’s submission of reports or information to the Securities and Exchange Commissionany Lender. (b) In handling any confidential information, Bank shall Agent and each Lender agree to exercise commercially reasonable their best efforts to maintain in confidence, in accordance with its customary procedures for handling confidential information, all written non-public information furnished that any Credit Party furnishes to Bank Agent or such Lender on a confidential basis clearly identified at the time of delivery as such (“Confidential Information”) ), other than any such Confidential Information that becomes generally available to the public other than as a result of a breach by Agent or any Lender of its obligations hereunder or that is or becomes available to Bank Agent or any Lender from a source other than Borrower a Credit Party and that is not known not, to Bank to be the actual knowledge of the recipient thereof, subject to obligations of confidentiality obligationswith respect thereto; provided, however, that Bank Agent and its Affiliates shall each Lender shall, in any event, have the right to deliver copies of any such information, and to disclose Confidential Information any such information, to: : (i) such Person’s Affiliates; (ii) such Person or such Person’s Affiliates’ its affiliates, lenders, funding sources, or financing sources (or its affiliates’ or lenders’ funding or financing sources; (iii) such Person’s or such Person’s Affiliates’ ), directors, officers, trustees, partners, members, managers, employees, agents, advisors, representatives, attorneys, equity owners, professional consultants, portfolio management services and rating agencies; ; (ivii) any other Lender and any successor or assign of Bank; Agent; (viii) (A) any Person to whom Bank which any Lender offers to sell, assign or transfer sell any Credit Extension Loan or any part thereof or any interest or participation therein; , or (viB) any Person if the disclosure consists of general portfolio information and does not identify any Credit Party specifically by name; (iv) any federal or state regulatory authority or examiner, or any insurance industry association, regulating or having jurisdiction over Agent or any Lender; (v) any Person that provides statistical analysis and/or and information services to Bank or its AffiliatesCapitalSource; and and (viivi) any other Person to which such delivery or disclosure may be necessary or appropriate (A) to the extent required by it by in compliance with any applicable law, rule, regulation or order, (B) as may be required in connection with the examination, audit, or similar investigation of Bank, (C) in response to any subpoena or other legal process or informal investigative demand, (C) in connection with any litigation to which Agent or such Lender is a party, or (D) in connection with any litigationthe exercise or enforcement, or (E) in connection with the actual or potential exercise or enforcement enforcement, of any right of the rights and/or remedies of Agent and/or the Lenders under this Agreement and the other Loan Documents at any time during the existence of an Event of Default. Further, the foregoing notwithstanding, the Credit Parties agree that Agent, any Lender or remedy any Affiliate of Agent or any Lender may (i) disclose a general description of transactions arising under the Loan Documents and the Related Documents for advertising, marketing or other similar purposes, and (ii) use any Loan DocumentCredit Party’s name, logo or other indicia germane to such party in connection with such advertising, marketing or other similar purposes. The obligations of Bank Agent and its Affiliates Lenders under this Section 12.8 12.10 shall supersede and replace the obligations of Agent and Lenders under any other confidentiality obligations agreed agreement in respect of the financing evidenced hereby executed and delivered by Agent or any Lender prior to by Bank or its Affiliatesthe date hereof.

Confidentiality and Publicity. (a) Borrower shall notNo Loan Party shall, and shall not permit any of its Affiliates to: (i) publish or disclose any materials containing Bank’s name, including in any press release or otherwise in connection with any advertising or marketing, without first obtaining Bank’s prior written consent, or (ii) use Bank’s name (or the name of any of its Affiliates) in connection with its operations or business. Notwithstanding the foregoing, Bank acknowledges that Borrower may disclose and make available to the public materials containing Bank’s name or other information to the extent required by the Securities and Exchange Commission or in connection with Borrower’s submission of reports or information to the Securities and Exchange Commission. (b) In handling any confidential information, Bank shall exercise commercially reasonable efforts to maintain in confidence, in accordance with its customary procedures for handling confidential information, all written non-public information furnished to Bank on a confidential basis clearly identified at the time of delivery as such (“Confidential Information”) other than any such Confidential Information that becomes generally available to the public or becomes available to Bank from a source other than Borrower a Loan Party and that is not known to Bank to be subject to confidentiality obligations; provided, provided that Bank and its Affiliates shall have the right to disclose Confidential Information to: (i) such Person’s Affiliates; (ii) such Person or such Person’s Affiliates’ lenders, funding sources, or financing sources; (iii) such Person’s or such Person’s Affiliates’ directors, officers, trustees, partners, members, managers, employees, agents, advisors, representatives, attorneys, equity owners, professional consultants, portfolio management services services, and rating agencies; (iv) any successor or assign of Bank; (v) any Person to whom Bank offers to sell, assign assign, or transfer any Credit Extension or any part thereof or any interest or participation therein; (vi) any Person that provides statistical analysis and/or information services to Bank or its Affiliates; and (vii) any Person (A) to the extent required by it by law, (B) as may be required in connection with the examination, audit, or similar investigation of Bank, (CBank,(C) in response to any subpoena or other legal process or informal investigative demand, (D) in connection with any litigation, or (E) in connection with the actual or potential exercise or enforcement of any right or remedy under any Loan Document. The obligations of Bank and its Affiliates under this Section 12.8 shall 12.8shall supersede and replace any other confidentiality obligations agreed to by Bank or its Affiliates.

Confidentiality and Publicity. (a) Borrower shall not, and shall not permit any of its Affiliates to: (i) publish or disclose any materials containing Bank’s name, including in any press release or otherwise in connection with any advertising or marketing, without first obtaining Bank’s prior written consent, or (ii) use Bank’s name (or the name of any of its Affiliates) in connection with its operations or business. Notwithstanding the foregoing, Bank acknowledges that Borrower may disclose and make available to the public materials containing Bank’s name or other information to the extent required by the Securities and Exchange Commission or in connection with Borrower’s submission of reports or information to the Securities and Exchange Commission. (b) In handling any confidential information, Bank and all employees and agents of Bank shall exercise commercially reasonable efforts to maintain in confidence, in accordance with its customary procedures for handling confidential information, all written non-public information furnished to Bank on a confidential basis clearly identified at the time of delivery as such (“Confidential Information”) other than any such Confidential Information that becomes generally available to the public (other than through disclosure by Bank in violation of this Section 12.8) or becomes available to the Bank from a source other than Borrower and that is not known to Bank to be subject to confidentiality obligations; provided, that Bank and its Affiliates shall have the right to disclose Confidential Information to: (i) such Person’s AffiliatesAffiliates (provided that the applicable Affiliate agrees to the terms of this Section 12.8); (ii) such Person or such Person’s Affiliates’ lenders, funding sources, or financing sources; (iii) such Person’s or such Person’s Affiliates’ directors, officers, trustees, partners, members, managers, employees, agents, advisors, representatives, attorneys, equity owners, professional consultants, portfolio management services and rating agencies; (iv) any successor or assign of Bank; (v) any Person to whom Bank offers to sell, assign or transfer any Credit Extension or any part thereof or any interest or participation thereintherein (provided that any such Person shall have entered into an agreement containing confidentiality provisions no less restrictive than the provisions of this Section 12.8 and Bank shall have delivered a copy to Borrower); (vi) any Person that provides statistical analysis and/or information services to Bank or its Affiliates; and (vii) any Person (A) to the extent required by it by law, (B) as may be required in connection with the examination, audit, or similar investigation of Bank, (C) in response to any subpoena or other legal process or informal investigative demand, (D) in connection with any litigation, or (E) in connection with the actual or potential exercise or enforcement of any right or remedy under any Loan Document. The obligations of Bank and its Affiliates under this Section 12.8 shall supersede and replace any other confidentiality obligations agreed to by Bank or its Affiliates.and

Confidentiality and Publicity. (a) Borrower shall notExcept to the extent required by ----------------------------- applicable laws or regulations, each Loan Party agrees, and agrees to cause each of its Affiliates, (i) not to transmit or disclose any provision of any Purchase Document to any Person (other than to its advisors and officers on a need-to-know basis) without the Agent's prior written consent and (ii) to inform all Persons of the confidential nature of the Purchase Documents and to direct them not to disclose the same to any other Person and to require each of them to be bound by these provisions; provided that, to any such disclosure required to the SEC, the Loan Party agrees to request and use its best efforts to obtain confidential treatment of such information to the extent permitted by applicable law. The Agent and each Purchaser reserves the right to review and approve all materials that any Loan Party or any of their Affiliates prepares that contain such Purchaser's name or describe or refer to any Purchase Document, any of the terms thereof or any of the transactions contemplated thereby. No Loan Party shall, or shall not permit any of its Affiliates to: (i) publish , use the Agent's or disclose any materials containing Bank’s name, including in any press release or otherwise in connection with any advertising or marketing, without first obtaining Bank’s prior written consent, or (ii) use Bank’s Purchaser's name (or the name of any of its the Agent's or such Purchaser's Affiliates) in connection with any of its operations or business. Notwithstanding business operations; provided that the foregoing, Bank acknowledges that Borrower Loan Parties may disclose the Purchaser's name and make available the aggregate principal amount of the Notes outstanding to prospective purchasers of debt or equity securities of a Loan Party so long as the public materials containing Bank’s name or other Loan Party informs such prospective purchasers of the confidential nature of such information to the extent required by the Securities and Exchange Commission or in connection with Borrower’s submission of reports or information to the Securities and Exchange Commission. (b) In handling any confidential information, Bank shall exercise commercially reasonable efforts to maintain in confidence, in accordance with its customary procedures for handling confidential information, all written non-public information furnished to Bank on a confidential basis clearly identified at the time of delivery as such (“Confidential Information”) other than any such Confidential Information that becomes generally available to the public or becomes available to Bank from a source other than Borrower and that is directs them not known to Bank to be subject to confidentiality obligations; provided, that Bank and its Affiliates shall have the right to disclose Confidential Information to: (i) such the same to any other Person’s Affiliates; (ii) such Person . Nothing contained in any Purchase Document is intended to permit or such Person’s Affiliates’ lenders, funding sources, or financing sources; (iii) such Person’s or such Person’s Affiliates’ directors, officers, trustees, partners, members, managers, employees, agents, advisors, representatives, attorneys, equity owners, professional consultants, portfolio management services and rating agencies; (iv) authorize any successor or assign of Bank; (v) any Person to whom Bank offers to sell, assign or transfer any Credit Extension Loan Party or any part thereof of their Affiliates to contract on behalf of the Agent or any interest or participation therein; (vi) any Person that provides statistical analysis and/or information services to Bank or its Affiliates; and (vii) any Person (A) to the extent required by it by law, (B) as may be required in connection with the examination, audit, or similar investigation of Bank, (C) in response to any subpoena or other legal process or informal investigative demand, (D) in connection with any litigation, or (E) in connection with the actual or potential exercise or enforcement of any right or remedy under any Loan Document. The obligations of Bank and its Affiliates under this Section 12.8 shall supersede and replace any other confidentiality obligations agreed to by Bank or its AffiliatesPurchaser.

Confidentiality and Publicity. (a) Borrower Except to the extent required by Applicable Law, including, without limitation, filings with the Securities and Exchange Commission or other similar regulatory filings, the Credit Parties and the Lender Parties shall not, and shall not permit any of its their Affiliates to: , (i) disclose any provision of any Loan Document to any Person without prior written consent, other than to their respective directors, equity owners, advisors, counsel, accountants and officers on a need-to-know basis, all of whom shall be deemed to be bound by these provisions (and the Credit Parties and the Lender Parties, as applicable, shall be responsible for any violations hereof by such other Persons) or (ii) publish or disclose any materials containing Bankany Credit Party’s name, including in any press release or otherwise in connection with any advertising or marketing, Lender Party’s name without first obtaining Banksuch party’s prior written consent. In addition, or (ii) the Credit Parties shall not use Bankany Lender Party’s name (or the name of any of its their Affiliates) in connection with its operations or businessBusiness. Notwithstanding the foregoing, Bank acknowledges that Borrower may disclose and make available Nothing contained in any Loan Document is intended to the public materials containing Bank’s name permit or other information authorize any Credit Party or any of its Affiliates to the extent required by the Securities and Exchange Commission or in connection with Borrower’s submission contract on behalf of reports or information to the Securities and Exchange Commissionany Lender Party. (b) In handling any confidential information, Bank Each Lender Party shall exercise commercially reasonable efforts to maintain in confidence, in accordance with its customary procedures for handling confidential information, all written non-public information furnished to Bank of a Credit Party that any Credit Party furnishes on a confidential basis clearly identified at the time of delivery as such (“Confidential Information”) ), other than any such Confidential Information that becomes generally available to the public or becomes available to Bank any Lender Party from a source other than Borrower a Credit Party and that is not known to Bank such recipient to be subject to confidentiality obligations; provided, that Bank each Lender Party and its their Affiliates shall have the right to disclose Confidential Information to: : (i) such Person’s Affiliates; ; (ii) such Person Person’s or such Person’s Affiliates’ lenders, funding sources, or financing sources; ; (iii) such Person’s or such Person’s Affiliates’ directors, officers, trustees, partners, members, managers, employees, agents, advisors, representatives, attorneys, equity owners, professional consultants, portfolio management services and rating agencies; ; (iv) any other Lender Party and any successor or assign of Bank; any Lender Party; (v) any Person to whom Bank any Lender Party offers to sell, assign or transfer any Credit Extension Loan or any part thereof or any interest or participation therein; ; (vi) any Person that provides statistical analysis and/or information services to Bank such Lender Party or its Affiliates; and and (vii) any Person (A) to the extent required by it by lawApplicable Law, (B) as may be required in connection with the examination, audit, or similar investigation of Bank, (C) in response to any subpoena or other legal process or informal investigative demand, (DC) in connection with any litigation, or (ED) in connection with the actual or potential exercise or enforcement of any right or remedy under any Loan Document. . (c) Notwithstanding any provision of any Loan Document, each Lender Party and their Affiliates may (i) disclose a general description of transactions arising under the Loan Documents and the Related Documents for advertising, marketing or other similar purposes, and (ii) use any Credit Party’s name, logo or other indicia germane to such party in connection with such advertising, marketing or other similar purposes. (d) The obligations of Bank Lender Parties and its their Affiliates under this Section 12.8 12.9 shall supersede and replace any other confidentiality obligations agreed to by Bank any Lender Party or its their Affiliates.

Confidentiality and Publicity. (a) Borrower Guarantor agrees, and agrees to cause each of his Affiliates, (i) except to the extent required by applicable laws or regulations (in which case Guarantor shall, and shall cause his Affiliates to, request and use his best efforts to obtain confidential treatment of such information to the extent permitted by applicable law), not to transmit or disclose any provision of this Agreement or any other Loan Document to any Person (except as permitted in the Financing Agreement) without CIT's prior written consent, and (ii) to inform all Persons of the confidential nature of this Agreement and the Loan Documents and to direct them not to disclose the same to any other Person and to require each of them to be bound by these provisions. CIT reserve the right to review and approve all materials that Guarantor or any of his Affiliates prepares that contain CIT's name or describe or refer to any Loan Document, any of the terms thereof or any of the transactions contemplated thereby. Guarantor shall not, and shall not permit any of its his Affiliates to: (i) publish or disclose any materials containing Bank’s name, including in any press release or otherwise in connection with any advertising or marketing, without first obtaining Bank’s prior written consent, or (ii) use Bank’s CIT's name (or the name of any of its Affiliates) in connection with its any of his business operations except as permitted in the Financing Agreement. Nothing contained in any Loan Document is intended to permit or business. Notwithstanding the foregoing, Bank acknowledges that Borrower may disclose and make available authorize Guarantor or any of his Affiliates to the public materials containing Bank’s name or other information to the extent required by the Securities and Exchange Commission or in connection with Borrower’s submission contract on behalf of reports or information to the Securities and Exchange CommissionCIT. (b) In handling any confidential information, Bank shall exercise commercially reasonable efforts to maintain in confidence, in accordance with its customary procedures Each party covenants for handling confidential information, all written non-public information furnished to Bank on a confidential basis clearly identified at the time of delivery as such (“Confidential Information”) other than any such Confidential Information that becomes generally available to the public or becomes available to Bank from a source other than Borrower and that is not known to Bank to be subject to confidentiality obligations; provided, that Bank itself and its Affiliates shall have the right directors and officers that it will use due care to disclose Confidential Information to: (i) such Person’s Affiliates; (ii) such Person or such Person’s Affiliates’ lendersprevent its officers, funding sources, or financing sources; (iii) such Person’s or such Person’s Affiliates’ directors, officers, trustees, partnersemployees, members, managers, employeesstockholders, controlling persons, affiliates, agents, advisorslenders, representativesadvisors (including, without limitation, attorneys, equity ownersaccountants, professional consultants, portfolio management services bankers and rating agenciesfinancial advisors) from (x) disclosing any non-public information of any other party to Persons other than to its officers, directors, employees, members, managers, stockholders, controlling persons, affiliates, agents, advisors (including, without limitation, attorneys, accountants, consultants, bankers and financial advisors), or (y) using non-public information in any manner that would constitute a violation of federal or state securities laws; (iv) provided, however, that a party may disclose or deliver any successor non-public information of another party should such first party be advised by its counsel that such disclosure or assign of Bank; (v) any Person to whom Bank offers to sell, assign or transfer any Credit Extension or any part thereof or any interest or participation therein; (vi) any Person that provides statistical analysis and/or information services to Bank or its Affiliates; and (vii) any Person (A) to the extent delivery is required by it by law, (B) as may be required in connection with regulation or judicial or administrative order. For purposes of this subparagraph, "due care" means at least the examinationsame level of care that such party would use to protect the confidentiality of its own sensitive or proprietary information, audit, or similar investigation and this obligation shall survive termination of Bank, (C) in response to any subpoena or other legal process or informal investigative demand, (D) in connection with any litigation, or (E) in connection with the actual or potential exercise or enforcement of any right or remedy under any Loan Document. The obligations of Bank and its Affiliates under this Section 12.8 shall supersede and replace any other confidentiality obligations agreed to by Bank or its AffiliatesAgreement.

Confidentiality and Publicity. (a) Borrower shall not, and shall not permit any of its Affiliates to: (i) publish or disclose any materials containing Bank’s name, including in any press release or otherwise in connection with any advertising or marketing, without first obtaining Bank’s prior written consent, or (ii) use Bank’s name (or the name of any of its Affiliates) in connection with its operations or business. Notwithstanding the foregoing, Bank acknowledges that Borrower may disclose and make available to the public materials containing Bank’s name or other information to the extent required by the Securities and Exchange Commission or in connection with Borrower’s submission of reports or information to the Securities and Exchange Commission. (b) In handling any confidential information, Bank shall exercise commercially reasonable efforts to maintain in confidence, in accordance with its customary procedures for handling confidential information, all written non-public information furnished to Bank on a confidential basis clearly identified at the time of delivery as such (“Confidential Information”) other than any such Confidential Information that becomes generally available to the public or becomes available to the Bank from a source other than Borrower and that is not known to Bank to be subject to confidentiality obligations; provided, that Bank and its Affiliates shall have the right to disclose Confidential Information to: (i) such Person’s Affiliates; (ii) such Person or such Person’s Affiliates’ lenders, funding sources, or financing sources; (iii) such Person’s or such Person’s Affiliates’ directors, officers, trustees, partners, members, managers, employees, agents, advisors, representatives, attorneys, equity owners, professional consultants, portfolio management services and rating agencies; (iv) any successor or assign of Bank; (v) any Person to whom Bank offers to sell, assign or transfer any Credit Extension or any part thereof or any interest or participation therein; (vi) any Person that provides statistical analysis and/or information services to Bank or its Affiliates; and (vii) any Person (A) to the extent required by it by law, (B) as may be required in connection with the examination, audit, or similar investigation of Bank, (C) in response to any subpoena or other legal process or informal investigative demand, (D) in connection with any litigation, or (E) in connection with the actual or potential exercise or enforcement of any right or remedy under any Loan Document. The obligations of Bank and its Affiliates under this Section 12.8 shall supersede and replace any other confidentiality obligations agreed to by Bank or its Affiliates.

Confidentiality and Publicity. Lender agrees to maintain the confidentiality of the Information (as defined below), and not disclose Information to any Person, except that Information may be disclosed on a need to know basis (a) Borrower shall not, and shall not permit any of to its Affiliates to: (i) publish or disclose it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential and, to the extent such Person does not agree in writing to the terms of this Section 13.10, the Lender shall be liable for any materials containing Bank’s name, including in any press release or otherwise in connection with any advertising or marketing, without first obtaining Bank’s prior written consent, or (ii) use Bank’s name (or the name breach of this Section by any of its Affiliates), (b) in connection with its operations or business. Notwithstanding the foregoing, Bank acknowledges that Borrower may disclose and make available to the public materials containing Bank’s name or other information to the extent required by the Securities and Exchange Commission or in connection with Borrower’s submission of reports requested by, or information to the Securities and Exchange Commission. (b) In handling any confidential information, Bank shall exercise commercially reasonable efforts to maintain in confidence, in accordance with its customary procedures for handling confidential information, all written non-public information furnished to Bank on a confidential basis clearly identified at the time of delivery as such (“Confidential Information”) other than any such Confidential Information that becomes generally available to the public or becomes available to Bank from a source other than Borrower and that is not known to Bank required to be subject to confidentiality obligations; provideddisclosed to, that Bank and its Affiliates shall have the right to disclose Confidential Information to: (i) such Person’s Affiliates; (ii) any rating agency, or regulatory or similar authority having jurisdiction over such Person or (including any self-regulatory authority, such Person’s Affiliates’ lendersas the National Association of Insurance Commissioners), funding sources, or financing sources; (iii) such Person’s or such Person’s Affiliates’ directors, officers, trustees, partners, members, managers, employees, agents, advisors, representatives, attorneys, equity owners, professional consultants, portfolio management services and rating agencies; (iv) any successor or assign of Bank; (v) any Person to whom Bank offers to sell, assign or transfer any Credit Extension or any part thereof or any interest or participation therein; (vi) any Person that provides statistical analysis and/or information services to Bank or its Affiliates; and (vii) any Person (Ac) to the extent required by it applicable laws or regulations or by law, (B) as may be required in connection with the examination, audit, or similar investigation of Bank, (C) in response to any subpoena or other similar legal process or informal investigative demand(and, to the extent practicable and permitted by applicable laws, the Lender shall provide advance notice to the Borrower of any disclosure under this clause (c)), (D) in connection with any litigation, or (Ed) in connection with the actual exercise of any remedies under this Agreement, or potential exercise or the enforcement of rights hereunder or thereunder, (e) subject to an agreement containing provisions substantially the same as those of this Section, to any right Eligible Assignee of or remedy Participant in, or any prospective Eligible Assignee of or Participant in, any of its rights and obligations under this Agreement, (f) with the consent of the Borrower, (g) to the extent such Information (i) becomes publicly available other than as a result of a breach of this Section or (ii) becomes available to the Lender or any Loan Document. The obligations of Bank and its Affiliates under on a nonconfidential basis from a source other than the Borrower (which source is not known by the Lender or any of its Affiliates to have provided such information in breach of any confidentiality restriction) or (h) to governmental regulatory authorities in connection with any regulatory examination of the Lender’s regulatory compliance policy if the Lender deems necessary for the mitigation of claims by those authorities against the Lender or any of its subsidiaries or affiliates. For purposes of this Section 12.8 shall supersede and replace any other confidentiality obligations agreed to by Bank or its Affiliates.Section, “

Confidentiality and Publicity. (a) Borrower shall not, and shall not permit any of its Affiliates to: (i) publish or disclose any materials containing Bank’s name, including in any press release or otherwise in connection with any advertising or marketing, without first obtaining Bank’s prior written consent, or (ii) use Bank’s name (or the name of any of its Affiliates) in connection with its operations or business. Notwithstanding the foregoing, Bank acknowledges that Borrower may disclose and make available to the public materials containing Bank’s name or other information to the extent required by the Securities and Exchange Commission or in connection with Borrower’s submission of reports or information to the Securities and Exchange Commission. (b) In handling any confidential information, Bank and all employees and agents of Bank shall exercise commercially reasonable efforts to maintain in confidence, in accordance with its customary procedures for handling confidential information, all written non-public information furnished to Bank on a confidential basis clearly identified at the time of delivery as such (“Confidential Information”) other than any such Confidential Information that becomes generally available to the public (other than through disclosure by Bank in violation of this Section 12.8) or becomes available to the Bank from a source other than Borrower and that is not known to Bank to be subject to confidentiality obligations; provided, that Bank and its Affiliates shall have the right to disclose Confidential Information to: (i) such Person’s AffiliatesAffiliates (provided that the applicable Affiliate agrees to the terms of this Section 12.8); (ii) such Person or such Person’s Affiliates’ lenders, funding sources, or financing sources; (iii) such Person’s or such Person’s Affiliates’ directors, officers, trustees, partners, members, managers, employees, agents, advisors, representatives, attorneys, equity owners, professional consultants, portfolio management services and rating agencies; (iv) any successor or assign of Bank; (v) any Person to whom Bank offers to sell, assign or transfer any Credit Extension or any part thereof or any interest or participation thereintherein (provided that any such Person shall have entered into an agreement containing confidentiality provisions no less restrictive than the provisions of this Section 12.8 and Bank shall have delivered a copy to Borrower); (vi) any Person that provides statistical analysis and/or information services to Bank or its Affiliates; and (vii) any Person (A) to the extent required by it by law, (B) as may be required in connection with the examination, audit, or similar investigation of Bank, (C) in response to any subpoena or other legal process or informal investigative demand, (D) in connection with any litigation, or (E) in connection with the actual or potential exercise or enforcement of any right or remedy under any Loan Document. The obligations of Bank and its Affiliates under this Section 12.8 shall supersede and replace any other confidentiality obligations agreed to by Bank or its Affiliates.

Confidentiality and Publicity. (a) Borrower Each Member agrees that it shall not, (and shall not permit any of cause its Affiliates to: and its and their officers, directors, employees, legal counsel, agents and representatives (together with the Affiliates, the "Confidentiality Affiliates") to (i) publish or hold confidential and not disclose any materials containing Bank’s name, including in any press release or otherwise (other than by a Member to its Confidentiality Affiliates having a reasonable need to know in connection with any advertising the permitted purposes hereunder), without the prior written consent of the other Members, all confidential or proprietary written, recorded or oral information or data (including research, developmental, engineering, manufacturing, technical, marketing, without first obtaining Bank’s prior written consentsales, financial, operating, performance, cost, business and process information or data, know how and computer programming and other software techniques) provided or developed by the Company, another Member or its Confidentiality Affiliates in connection herewith or with the Business, whether such confidentiality or proprietary status is indicated orally or in writing or in a context in which the Company or the disclosing Member or its Confidentiality Affiliates reasonably communicated, or the receiving Member or its Confidentiality Affiliates should reasonably have understood, that the information should be treated as confidential, whether or not the specific words "confidential" or "proprietary" are used ("Confidential Information") and (ii) use Bank’s name (or such Confidential Information only for the name purposes of performing its obligations hereunder to which it is a party and carrying on the business of the Company; provided, however, that Members may disclose any of its Affiliates) such Confidential Information on a confidential basis to current and prospective lenders in connection with its operations a loan or businessprospective loan to a Member and to prospective purchasers of Membership Interests from a Member, as well as to their legal counsel, agents and representatives. Notwithstanding the foregoing, Bank acknowledges that Borrower the Members may disclose and make available any such Confidential Information on a confidential basis to the public materials containing Bank’s name limited partners or other information to the extent required by the Securities and Exchange Commission prospective limited partners or investors of a Member or its Confidentiality Affiliates in connection with Borrower’s submission fundraising efforts and reporting requirements; provided, that such disclosure shall not require any disclosure to existing securityholders of reports the Company, MSW Energy Holdings, UAE Holdings or information their respective Subsidiaries in accordance with applicable securities laws, including Regulation FD under the Exchange Act; and provided further, that such disclosure shall not contain any projections, forecasts or budgets of or with respect to the Securities and Exchange CommissionCompany. (b) In handling any confidential informationThe obligations contained in Section 5.01(a) shall not apply, Bank or shall exercise commercially reasonable efforts cease to maintain in confidenceapply, in accordance with its customary procedures for handling confidential informationto Confidential Information if or when, all written non-public information furnished and to Bank on a confidential basis clearly identified at the time of delivery as such (“Confidential Information”) other than any extent that, such Confidential Information that becomes generally available to the public or becomes available to Bank from a source other than Borrower and that is not known to Bank to be subject to confidentiality obligations; provided, that Bank and its Affiliates shall have the right to disclose Confidential Information to: (i) such Person’s Affiliates; was, or becomes through no breach of the receiving Member's obligations hereunder, known to the public, (ii) becomes known to the receiving Member or its Confidentiality Affiliates from other sources under circumstances not involving any breach of any confidentiality obligation between such Person source and the disclosing Member's or such Person’s Affiliates’ lendersdiscloser's Confidentiality Affiliates or a third party, funding sources, or financing sources; (iii) such Person’s is independently developed by the receiving Member or such Person’s its Confidentiality Affiliates’ directors, officers, trustees, partners, members, managers, employees, agents, advisors, representatives, attorneys, equity owners, professional consultants, portfolio management services and rating agencies; or (iv) any successor or assign of Bank; (v) any Person is required to whom Bank offers to sell, assign or transfer any Credit Extension or any part thereof or any interest or participation therein; (vi) any Person that provides statistical analysis and/or information services to Bank or its Affiliates; and (vii) any Person (A) to the extent required by it be disclosed by law, governmental regulation or applicable legal process. (Bc) Except as may required by applicable law, each Member agrees that it will not issue or release for external publication any article or advertising or publicity matter relating to the Company or the Business without the prior consent of the Board of Directors, which consent shall not be required in connection with unreasonably withheld or delayed. [the examination, audit, or similar investigation remainder of Bank, (C) in response to any subpoena or other legal process or informal investigative demand, (D) in connection with any litigation, or (E) in connection with the actual or potential exercise or enforcement of any right or remedy under any Loan Document. The obligations of Bank and its Affiliates under this Section 12.8 shall supersede and replace any other confidentiality obligations agreed to by Bank or its Affiliates.page is left intentionally blank]

Confidentiality and Publicity. (a) Borrower Except to the extent required by Applicable Law, including, without limitation, filings with the Securities and Exchange Commission or other similar regulatory filings, the Credit Parties and the Lender Parties shall not, and shall not permit any of its their Affiliates to: , (i) disclose any provision of any Loan Document to any Person without prior written consent, other than to their respective directors, equity owners, advisors, counsel, accountants and officers on a need-to-know basis, all of whom shall be deemed to be bound by these provisions (and the Credit Parties and the Lender Parties, as applicable, shall be responsible for any violations hereof by such other Persons) or (ii) publish or disclose any materials containing Bankany Credit Party’s name, including in any press release or otherwise in connection with any advertising or marketing, Lender Party’s name without first obtaining Banksuch party’s prior written consent. In addition, or (ii) the Credit Parties shall not use Bankany Lender Party’s name (or the name of any of its their Affiliates) in connection with its operations or businessBusiness. Notwithstanding the foregoing, Bank acknowledges that Borrower may disclose and make available Nothing contained in any Loan Document is intended to the public materials containing Bank’s name permit or other information authorize any Credit Party or any of its Affiliates to the extent required by the Securities and Exchange Commission or in connection with Borrower’s submission contract on behalf of reports or information to the Securities and Exchange Commissionany Lender Party. (b) In handling any confidential information, Bank Each Lender Party shall exercise commercially reasonable efforts to maintain in confidence, in accordance with its customary procedures for handling confidential information, all written non-non- public information furnished to Bank of a Credit Party that any Credit Party furnishes on a confidential basis clearly identified at the time of delivery as such (“Confidential Information”) ), other than any such Confidential Information that becomes generally available to the public or becomes available to Bank any Lender Party from a source other than Borrower a Credit Party and that is not known to Bank such recipient to be subject to confidentiality obligations; provided, that Bank each Lender Party and its their Affiliates shall have the right to disclose Confidential Information to: : (i) such Person’s Affiliates; ; (ii) such Person Person’s or such Person’s Affiliates’ lenders, funding sources, or financing sources; ; (iii) such Person’s or such Person’s Affiliates’ directors, officers, trustees, partners, members, managers, employees, agents, advisors, representatives, attorneys, equity owners, professional consultants, portfolio management services and rating agencies; ; (iv) any other Lender Party and any successor or assign of Bank; any Lender Party; (v) any Person to whom Bank any Lender Party offers to sell, assign or transfer any Credit Extension Loan or any part thereof or any interest or participation therein; ; (vi) any Person that provides statistical analysis and/or information services to Bank such Lender Party or its Affiliates; and and (vii) any Person (A) to the extent required by it by lawApplicable Law, (B) as may be required in connection with the examination, audit, or similar investigation of Bank, (C) in response to any subpoena or other legal process or informal investigative demand, (DC) in connection with any litigation, or (ED) in connection with the actual or potential exercise or enforcement of any right or remedy under any Loan Document. . (c) Notwithstanding any provision of any Loan Document, each Lender Party and their Affiliates may (i) disclose a general description of transactions arising under the Loan Documents and the Related Documents for advertising, marketing or other similar purposes, and (ii) use any Credit Party’s name, logo or other indicia germane to such party in connection with such advertising, marketing or other similar purposes. (d) The obligations of Bank Lender Parties and its their Affiliates under this Section 12.8 12.9 shall supersede and replace any other confidentiality obligations agreed to by Bank any Lender Party or its their Affiliates.

Confidentiality and Publicity. Borrower agrees, and agrees to cause each of its affiliates, not to transmit or disclose any provision of any Loan Document to any Person other than to Borrower's advisors and officers on a need-to-know basis or as required by applicable law, without Agent's prior written consent. With respect to the information and other material furnished under or in connection with this Agreement (whether furnished before, on or after the date hereof), which constitutes or contains non-public business, financial or other information ("NON-PUBLIC INFORMATION") of Agent and/or Lenders, Borrower covenants for itself and its directors and officers that it will use due care to prevent its officers, directors, employees, members, managers, stockholders, controlling persons, affiliates, agents, advisors (including, without limitation, attorneys, accountants, consultants, bankers and financial advisors) from (a) disclosing any Non-Public Information to Persons other than to its and their officers, directors, employees, members, managers, stockholders, controlling persons, affiliates, agents, advisors (including, without limitation, attorneys, accountants, consultants, bankers and financial advisors), or (b) using Non-Public Information in any manner that would constitute a violation of federal or state securities laws; PROVIDED, HOWEVER, that Borrower may disclose or deliver any Non-Public Information should Borrower be advised by its counsel that such disclosure or delivery is required by law, regulation or judicial or administrative order. Agent and each Lender reserve the right to review and approve all materials that Borrower or any of its affiliates prepares that contain Agent's or such Lender's name or describe or refer to any Loan Document, any of the terms thereof or any of the transactions contemplated thereby. Borrower shall not, and shall not permit any of its Affiliates affiliates to: (i) publish , use either Agent's or disclose any materials containing Bank’s name, including in any press release or otherwise in connection with any advertising or marketing, without first obtaining Bank’s prior written consent, or (ii) use Bank’s Lender's name (or the name of any of its AffiliatesAgent's or any Lender's affiliates) in connection with any of its operations business operations. Nothing contained in any Loan Document is intended to permit or businessauthorize Borrower or any of its affiliates to contract on behalf of Agent or any Lender. Notwithstanding the foregoingWith respect to Non-Public Information of Borrower, Bank acknowledges Agent and Lenders covenant for themselves and their directors and officers that Borrower may disclose and make available they will use due care to the public materials containing Bank’s name or other information to the extent required by the Securities and Exchange Commission or in connection with Borrower’s submission of reports or information to the Securities and Exchange Commission. (b) In handling any confidential informationprevent their officers, Bank shall exercise commercially reasonable efforts to maintain in confidence, in accordance with its customary procedures for handling confidential information, all written non-public information furnished to Bank on a confidential basis clearly identified at the time of delivery as such (“Confidential Information”) other than any such Confidential Information that becomes generally available to the public or becomes available to Bank from a source other than Borrower and that is not known to Bank to be subject to confidentiality obligations; provided, that Bank and its Affiliates shall have the right to disclose Confidential Information to: (i) such Person’s Affiliates; (ii) such Person or such Person’s Affiliates’ lenders, funding sources, or financing sources; (iii) such Person’s or such Person’s Affiliates’ directors, officers, trustees, partnersemployees, members, managers, employeesstockholders, controlling persons, affiliates, agents, advisorslenders, representativesadvisors (including, without limitation, attorneys, equity ownersaccountants, professional consultants, portfolio management services bankers and rating agenciesfinancial advisors), and any potential Lender or participant of the Loans from (x) disclosing any Non-Public Information to Persons other than to its and their officers, directors, employees, members, managers, stockholders, controlling persons, affiliates, agents, advisors (including, without limitation, attorneys, accountants, consultants, bankers and financial advisors), or (y) using Non-Public Information in any manner that would constitute a violation of federal or state securities laws; (iv) PROVIDED, however, that Agent and Lenders may disclose or deliver any successor Non-Public Information should the Agent and Lenders be advised by its counsel that such disclosure or assign of Bank; (v) any Person to whom Bank offers to sell, assign or transfer any Credit Extension or any part thereof or any interest or participation therein; (vi) any Person that provides statistical analysis and/or information services to Bank or its Affiliates; and (vii) any Person (A) to the extent delivery is required by it by law, (B) as may be required in connection with regulation or judicial or administrative order. For purposes of this subparagraph, "due care" means at least the examinationsame level of care that Agent and Lenders would use to protect the confidentiality of their own sensitive or proprietary information, audit, or similar investigation and this obligation shall survive termination of Bank, (C) in response to any subpoena or other legal process or informal investigative demand, (D) in connection with any litigation, or (E) in connection with the actual or potential exercise or enforcement of any right or remedy under any Loan Document. The obligations of Bank and its Affiliates under this Section 12.8 shall supersede and replace any other confidentiality obligations agreed to by Bank or its AffiliatesAgreement.

Confidentiality and Publicity. (a) Borrower shall notExcept to the extent required by applicable laws or regulations, each Loan Party agrees, and agrees to cause each of its Affiliates, (i) not to transmit or disclose any provision of any Purchase Document to any Person (other than to its advisors and officers on a need-to-know basis) without the Agent’s prior written consent and (ii) to inform all Persons of the confidential nature of the Purchase Documents and to direct them not to disclose the same to any other Person and to require each of them to be bound by these provisions; provided that, to any such disclosure required to the SEC, the Loan Party agrees to request and use its best efforts to obtain confidential treatment of such information to the extent permitted by applicable law. The Agent and each Purchaser reserves the right to review and approve all materials that any Loan Party or any of their Affiliates prepares that contain such Purchaser’s name or describe or refer to any Purchase Document, any of the terms thereof or any of the transactions contemplated thereby. No Loan Party shall, or shall not permit any of its Affiliates to: (i) publish , use the Agent’s or disclose any materials containing Bank’s name, including in any press release or otherwise in connection with any advertising or marketing, without first obtaining Bank’s prior written consent, or (ii) use BankPurchaser’s name (or the name of any of its the Agent’s or such Purchaser’s Affiliates) in connection with any of its operations or business. Notwithstanding business operations; provided that the foregoing, Bank acknowledges that Borrower Loan Parties may disclose and make available to the public materials containing BankPurchaser’s name and the aggregate principal amount of the Notes outstanding to prospective purchasers of debt or other equity securities of a Loan Party so long as the Loan Party informs such prospective purchasers of the confidential nature of such information to the extent required by the Securities and Exchange Commission or in connection with Borrower’s submission of reports or information to the Securities and Exchange Commission. (b) In handling any confidential information, Bank shall exercise commercially reasonable efforts to maintain in confidence, in accordance with its customary procedures for handling confidential information, all written non-public information furnished to Bank on a confidential basis clearly identified at the time of delivery as such (“Confidential Information”) other than any such Confidential Information that becomes generally available to the public or becomes available to Bank from a source other than Borrower and that is directs them not known to Bank to be subject to confidentiality obligations; provided, that Bank and its Affiliates shall have the right to disclose Confidential Information to: (i) such the same to any other Person’s Affiliates; (ii) such Person . Nothing contained in any Purchase Document is intended to permit or such Person’s Affiliates’ lenders, funding sources, or financing sources; (iii) such Person’s or such Person’s Affiliates’ directors, officers, trustees, partners, members, managers, employees, agents, advisors, representatives, attorneys, equity owners, professional consultants, portfolio management services and rating agencies; (iv) authorize any successor or assign of Bank; (v) any Person to whom Bank offers to sell, assign or transfer any Credit Extension Loan Party or any part thereof of their Affiliates to contract on behalf of the Agent or any interest or participation therein; (vi) any Person that provides statistical analysis and/or information services to Bank or its Affiliates; and (vii) any Person (A) to the extent required by it by law, (B) as may be required in connection with the examination, audit, or similar investigation of Bank, (C) in response to any subpoena or other legal process or informal investigative demand, (D) in connection with any litigation, or (E) in connection with the actual or potential exercise or enforcement of any right or remedy under any Loan Document. The obligations of Bank and its Affiliates under this Section 12.8 shall supersede and replace any other confidentiality obligations agreed to by Bank or its AffiliatesPurchaser.