Common use of Confidentiality; Treatment of Certain Information Clause in Contracts

Confidentiality; Treatment of Certain Information. (a) Each of the Administrative Agent, the Revolving Lenders and the L/C Issuers agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (i) to its Affiliates and to its and its Affiliates’ respective managers, administrators, trustees, partners, directors, officers, employees, agents, advisors and other representatives (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), (ii) to the extent requested by any regulatory authority purporting to have jurisdiction over it (including any self-regulatory authority), (iii) to the extent required by applicable Laws or regulations or by any subpoena or similar legal process, (iv) to any other party hereto, (v) in connection with the exercise of any remedies hereunder or under any other Credit Document or any action or proceeding relating to this Credit Agreement or any other Credit Document or the enforcement of rights hereunder or thereunder, (vi) subject to an agreement containing provisions substantially the same as those of this Section 11.07, to (A) any Eligible Assignee of or Participant in, or any prospective Eligible Assignee of or Participant (that meets the eligibility requirements hereunder) in, any of its rights or obligations under this Credit Agreement, (B) any actual or prospective party (or its managers, administrators, trustees, partners, directors, officers, employees, agents, advisors and other representatives) to any swap, derivative or similar transaction under which payments are to be made by reference to the Borrower and its obligations, this Credit Agreement or payments hereunder, (C) any Rating Service or (D) the CUSIP Service Bureau or any similar organization, (vii) with the consent of the Borrower or (viii) to the extent such Information (x) becomes publicly available other than as a result of a breach of this Section 11.07 or (y) becomes available to the Administrative Agent, any Revolving Lender, any L/C Issuer or any of their respective Affiliates on a nonconfidential basis from a source other than the Borrower.

Confidentiality; Treatment of Certain Information. (a) Each of the Administrative Agent, the Revolving Lenders and the L/C Issuers Credit Party agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (i) to its Affiliates and to its and its Affiliates’ respective managers, administrators, trustees, partners, directors, officers, employees, agents, advisors and other representatives (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), (ii) to the extent requested by any regulatory authority purporting to have jurisdiction over it (including any self-regulatory authority, such as the National Association of Insurance Commissioners), (iii) to the extent required by applicable Laws laws or regulations or by any subpoena or similar legal process, (iv) to any other party hereto, (v) in connection with the exercise of any remedies hereunder or under any other Credit Loan Document or any action or proceeding relating to this Credit Agreement or any other Credit Loan Document or the enforcement of rights hereunder or thereunder, (vi) subject to an agreement containing provisions substantially the same as those of this Section 11.07Section, to (A) any Eligible Assignee assignee of or Participant in, or any prospective Eligible Assignee assignee of or Participant (that meets the eligibility requirements hereunder) in, any of its rights or obligations under this Credit Agreement, Agreement or (B) any actual or prospective party (or its managers, administrators, trustees, partners, directors, officers, employees, agents, advisors and other representativesRelated Parties) to any swap, derivative or similar other transaction under which payments are to be made by reference to the Borrower and its obligations, this Credit Agreement or payments hereunder, (Cvii) on a confidential basis to (A) any Rating Service rating agency in connection with rating the Borrower, its Subsidiaries or the Credit Facilities or (DB) the CUSIP Service Bureau or any similar organizationagency in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facilities, (viiviii) with the consent of the Borrower or (viiiix) to the extent such Information (xA) becomes publicly available other than as a result of a breach of this Section 11.07 or (yB) becomes available to the Administrative Agent, any Revolving Lender, any L/C Issuer Credit Party or any of their respective Affiliates on a nonconfidential non-confidential basis from a source other than the BorrowerBorrower or (C) is independently generated by the Administrative Agent, any Credit Party or any of their respective Affiliates. In addition, the Administrative Agent and the Lenders may disclose the existence of this Credit Agreement and information about this Credit Agreement to (i) market data collectors, league table providers and other similar service providers to the lending industry and (ii) service providers to the Administrative Agent or any Lender in connection with the administration of this Credit Agreement, the other Loan Documents, and the Commitments. (b) For purposes of this Section, “Information” means all information received from any Loan Party or any of its Subsidiaries relating to any Loan Party or any of its Subsidiaries or any of their respective businesses, other than any such information that is available to the Administrative Agent or any other Credit Party on a non-confidential basis prior to disclosure by any Loan Party or any Subsidiary or that is independently prepared by the Administrative Agent or any other Credit Party, provided that, in the case of information received from any Loan Party or any of its Subsidiaries after the Agreement Date, such information is clearly identified at the time of delivery as confidential. Any Person required to maintain the confidentiality of Information as provided in this Section shall be considered to have complied with its obligation to do so if such Person has exercised the same degree of care to maintain the confidentiality of such Information as such Person would accord to its own confidential information. Notwithstanding anything herein to the contrary, “Information” shall not include, and each Credit Party (and their Affiliates and respective partners, directors, officers, employees, agents, advisors and representatives) may disclose to any and all persons, without limitation of any kind, any information with respect to the U.S. federal income tax treatment and U.S. federal income tax structure of the transactions contemplated hereby and all materials of any kind (including opinions or other tax analyses) that are provided to such Credit Party relating to such tax treatment and tax structure.

Confidentiality; Treatment of Certain Information. (a) Each of the Administrative Agent, the Revolving Lenders and the L/C Issuers Credit Party agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (i) to its Affiliates and to its and its Affiliates’ respective managers, administrators, trustees, partners, directors, officers, employees, agents, advisors and other representatives Related Parties who have a need to know such Information in connection with the Transactions (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), (ii) to the extent requested by any regulatory authority purporting to have jurisdiction over it (including any self-regulatory authority, such as the National Association of Insurance Commissioners), (iii) to the extent required by applicable Laws or regulations Applicable Law or by any subpoena or similar legal process, (iv) to any other party hereto, (v) in connection with the exercise of any remedies hereunder or under any other Credit Loan Document or any action or proceeding relating to this Credit Agreement or any other Credit Loan Document or the enforcement of rights hereunder or thereunder, (vi) subject to an agreement containing provisions substantially the same as those of this Section 11.07Section, to (A) any Eligible Assignee assignee of or Participant in, or any prospective Eligible Assignee assignee of or Participant (that meets the eligibility requirements hereunder) in, any of its rights or obligations under this Credit Agreement, Agreement or (B) any actual or prospective party (or its managers, administrators, trustees, partners, directors, officers, employees, agents, advisors and other representativesRelated Parties) to any swap, derivative or similar other transaction under which payments are to be made by reference to the Borrower and its obligations, this Credit Agreement or payments hereunder, (Cvii) on a confidential basis to (A) any Rating Service rating agency in connection with rating the Borrower, its Subsidiaries or the Term Facility or (DB) the CUSIP Service Bureau or any similar organizationagency in connection with the issuance and monitoring of CUSIP numbers with respect to the Term Facility, (viiviii) with the consent of the Borrower or (viiiix) to the extent such Information (xA) becomes publicly available other than as a result of a breach of this Section 11.07 or (yB) becomes available to the Administrative Agent, any Revolving Lender, any L/C Issuer Credit Party or any of their respective Affiliates on a nonconfidential non-confidential basis from a source other than any Loan Party, any of their Subsidiaries or any of their respective Related Parties, who, to the Borrowerknowledge of such Person, was not bound by any confidentiality obligation to any Loan Party or any of its Subsidiaries that would prohibit the disclosure of such information or (C) is independently generated by the Administrative Agent, any Credit Party or any of their respective Affiliates, in each case, without reference to any Information. In addition, the Administrative Agent and the Lenders may disclose the existence of this Credit Agreement and information about this Credit Agreement and the Loan Documents to (i) market data collectors, league table providers and other similar service providers to the lending industry and (ii) service providers to the Administrative Agent or any Lender in connection with the administration of this Credit Agreement, the other Loan Documents, and the Commitments. (b) For purposes of this Section, “Information” means any and all non-public, confidential and/or proprietary information furnished or disclosed to any Credit Party or any of its Related Parties by or on behalf of any Loan Party or any of its Subsidiaries or any of their respective Related Parties, whether such information is written, oral or graphic, and whether included in any analyses, compilations, studies, reports, or other documents or presentations, including but not limited to, financial plans and records, marketing plans, business strategies and relationships with third parties, present and proposed products, trade secrets, information regarding customer and suppliers, strategic planning and systems, and contractual terms. Any Person required to maintain the confidentiality of Information as provided in this Section shall be considered to have complied with its obligation to do so if such Person has exercised the same degree of care to maintain the confidentiality of such Information as such Person would accord to its own confidential information. Notwithstanding anything herein to the contrary, “Information” shall not include, and each Credit Party (and their Affiliates and respective partners, directors, officers, employees, agents, advisors and representatives) may disclose to any and all persons, without limitation of any kind, any information with respect to the U.S. federal income tax treatment and U.S. federal income tax structure of the transactions contemplated hereby and all materials of any kind (including opinions or other tax analyses) that are provided to such Credit Party relating to such tax treatment and tax structure.

Confidentiality; Treatment of Certain Information. (a) Each of the Administrative Agent, the Revolving Lenders and the L/C Issuers Credit Party agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (ia) to its Affiliates and to its and its Affiliates’ respective managers, administrators, trustees, partners, directors, officers, employees, employees and agents, advisors including accountants, legal counsel and other representatives advisors, consultants and contractors who have a reasonable need to know such Information (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), (iib) to the extent requested by any regulatory authority purporting to have jurisdiction over it Governmental Authority (including any self-regulatory authority, such as the National Association of Insurance Commissioners), (iiic) to the extent required by applicable Laws or regulations any Requirement of Law or by any subpoena or similar legal process, (ivd) to any other party heretoto this Credit Agreement, (ve) in connection with the exercise of any remedies hereunder or under any other Credit Loan Document or any suit, action or proceeding relating to this Credit Agreement or any other Credit Loan Document or the enforcement of rights hereunder or thereunder, (vif) subject to an agreement containing provisions substantially the same as those of this Section 11.07Section, to (Ax) any Eligible Assignee assignee of or Participant in, or any prospective Eligible Assignee assignee of or Participant (that meets the eligibility requirements hereunder) in, any of its rights or obligations under this Credit Agreement, Agreement or (By) any actual or prospective party counterparty (or its managers, administrators, trustees, partners, directors, officers, employees, agents, advisors and other representativesadvisors) to any swap, swap or derivative or similar transaction under which payments are to be made by reference relating to the Borrower Loan Parties and its their obligations, this Credit Agreement or payments hereunder, (Cg) on a confidential basis to (1) any Rating Service rating agency in connection with rating the Borrower or its Subsidiaries or the credit facility provided for herein or (D2) the CUSIP Service Bureau or any similar organizationagency in connection with the issuance and monitoring of CUSIP numbers with respect to the credit facility provided for herein, (viih) with the consent of the Borrower Borrower, (i) to any Person providing a Guarantee of all or any portion of the Obligations, or (viiij) to the extent such Information (x) becomes publicly available other than as a result of a breach of this Section 11.07 or Section, (y) becomes available to the Administrative Agent, any Revolving Lender, any L/C Issuer Agent or any of their respective Affiliates Lender on a nonconfidential non-confidential basis from a source other than the Borrower.Borrower that is not known to be subject to a confidentiality obligation to the Borrower or (z) is independently generated by the Administrative Agent, any Credit Party or any of their respective Affiliates. In addition, the Administrative Agent and the Lenders may disclose the existence of this Credit Agreement and information about this Credit Agreement and the Loan Documents to (i) market data collectors, league table providers and other similar service providers to the lending industry and (ii) service

Confidentiality; Treatment of Certain Information. (a) Each of the Administrative Agent, the Revolving Lenders and the L/C Issuers Credit Party agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (i) to its Affiliates and to its and its Affiliates’ respective managers, administrators, trustees, partners, directors, officers, employees, agents, advisors and other representatives (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), (ii) to the extent requested by any regulatory authority purporting to have jurisdiction over it (including any self-regulatory authority, such as the National Association of Insurance Commissioners), (iii) to the extent required by applicable Laws laws or regulations or by any subpoena or similar legal process, (iv) to any other party hereto, (v) in connection with the exercise of any remedies hereunder or under any other Credit Loan Document or any action or proceeding relating to this Credit Agreement or any other Credit Loan Document or the enforcement of rights hereunder or thereunder, (vi) subject to an agreement containing provisions substantially the same as those of this Section 11.07Section, to (A) any Eligible Assignee assignee of or Participant in, or any prospective Eligible Assignee assignee of or Participant (that meets the eligibility requirements hereunder) in, any of its rights or obligations under this Credit Agreement, Agreement or (B) any actual or prospective party (or its managers, administrators, trustees, partners, directors, officers, employees, agents, advisors and other representativesRelated Parties) to any swap, derivative or similar other transaction under which payments are to be made by reference to the any Borrower and its obligations, this Credit Agreement or payments hereunder, (Cvii) on a confidential basis to (A) any Rating Service rating agency in connection with rating the Borrowers, their Subsidiaries or the Credit Facility or (DB) the CUSIP Service Bureau or any similar organizationagency in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility, (viiviii) with the consent of the Lead Borrower or (viiiix) to the extent such Information (xA) becomes publicly available other than as a result of a breach of this Section 11.07 or (yB) becomes available to the Administrative Agent, any Revolving Lender, any L/C Issuer Credit Party or any of their respective Affiliates on a nonconfidential non-confidential basis from a source other than the BorrowerBorrowers or (C) is independently generated by the Administrative Agent, any Credit Party or any of their respective Affiliates. In addition, the Administrative Agent and the Lenders may disclose the existence of this Credit Agreement and information about this Credit Agreement to (i) market data collectors, league table providers and other similar service providers to the lending industry and (ii) service providers to the Administrative Agent or any Lender. (b) For purposes of this Section, “Information” means all information received from any Loan Party or any of its Subsidiaries relating to any Loan Party or any of its Subsidiaries or any of their respective businesses, other than any such information that is available to the Administrative Agent or any other Credit Party on a non-confidential basis prior to disclosure by any Loan Party or any Subsidiary or that is independently prepared by the Administrative Agent or any other Credit Party. Any Person required to maintain the confidentiality of Information as provided in this Section shall be considered to have complied with its obligation to do so if such Person has exercised the same degree of care to maintain the confidentiality of such Information as such Person would accord to its own confidential information. Notwithstanding anything herein to the contrary, “Information” shall not include, and each Credit Party (and their Affiliates and respective partners, directors, officers, employees, agents, advisors and representatives) may disclose to any and all persons, without limitation of any kind, any information with respect to the U.S. federal income tax treatment and U.S. federal income tax structure of the transactions contemplated hereby and all materials of any kind (including opinions or other tax analyses) that are provided to such Credit Party relating to such tax treatment and tax structure.

Confidentiality; Treatment of Certain Information. (a) Each of the Administrative Agent, the Revolving Lenders and the L/C Issuers Credit Party agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (i) to its Affiliates and to its and its Affiliates’ respective managers, administrators, trustees, partners, directors, officers, employees, agents, advisors advisors, consultants, contractors and other representatives (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), (ii) to the extent requested by any regulatory authority purporting to have jurisdiction over it (including any self-regulatory authority, such as the National Association of Insurance Commissioners), (iii) to the extent required by applicable Laws Applicable Law or regulations or by any subpoena or similar legal process, (iv) to any other party hereto, (v) in connection with the exercise of any remedies hereunder or under any other Credit Loan Document or any action or proceeding relating to this Credit Agreement or any other Credit Loan Document or the enforcement of rights hereunder or thereunder, (vi) subject to an agreement containing provisions substantially the same as those of this Section 11.07Section, to (A) any Eligible Assignee assignee of or Participant in, or any prospective Eligible Assignee assignee of or Participant (that meets the eligibility requirements hereunder) in, any of its rights or obligations under this Credit Agreement, Agreement or (B) any actual or prospective party (or its managers, administrators, trustees, partners, directors, officers, employees, agents, advisors and other representativesRelated Parties) to any swap, derivative or similar other transaction under which payments are to be made by reference to the Borrower and its obligations, this Credit Agreement or payments hereunder, (Cvii) on a confidential basis to (A) any Rating Service rating agency in connection with rating the Borrower, its Subsidiaries or the Credit Facilities or (DB) the CUSIP Service Bureau or any similar organizationagency in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facilities, (viiviii) with the consent of the Borrower or (viiiix) to the extent such Information (xA) becomes publicly available other than as a result of a breach of this Section 11.07 or (yB) becomes available to the Administrative Agent, any Revolving Lender, any L/C Issuer Credit Party or any of their respective Affiliates on a nonconfidential non-confidential basis from a source other than the BorrowerBorrower or (C) is independently generated by the Administrative Agent, any Credit Party or any of their respective Affiliates. In addition, the Administrative Agent and the Lenders may disclose the existence of this Credit Agreement and information about this Credit Agreement and the Loan Documents to (i) market data collectors, league table providers and other similar service providers to the lending industry and (ii) service providers to the Administrative Agent or any Lender in connection with the administration of this Credit Agreement, the other Loan Documents, and the Commitments. (b) For purposes of this Section, “Information” means all information received from any Loan Party or any of its Subsidiaries relating to any Loan Party or any of its Subsidiaries or any of their respective businesses, other than any such information that is available to the Administrative Agent or any other Credit Party on a non-confidential basis prior to disclosure by any Loan Party or any Subsidiary or that is independently prepared by the Administrative Agent or any other Credit Party, provided that, in the case of information received from any Loan Party or any of its Subsidiaries after the Agreement Date, such information is clearly identified at the time of delivery as confidential. Any Person required to maintain the confidentiality of Information as provided in this Section shall be considered to have complied with its obligation to do so if such Person has exercised the same degree of care to maintain the confidentiality of such Information as such Person would accord to its own confidential information. Notwithstanding anything herein to the contrary, “Information” shall not include, and each Credit Party (and their Affiliates and respective partners, directors, officers, employees, agents, advisors and representatives) may disclose to any and all persons, without limitation of any kind, any information with respect to the U.S. federal income tax treatment and U.S. federal income tax structure of the transactions contemplated hereby and all materials of any kind (including opinions or other tax analyses) that are provided to such Credit Party relating to such tax treatment and tax structure. (c) The Loan Parties agree, on behalf of themselves and their Affiliates, that they will not in the future issue any press releases or other public disclosure using the name of the Administrative Agent or any Lender or their respective Affiliates or referring to this Credit Agreement or any of the other Loan Documents without the prior written consent of such Person, unless (and only to the extent that) the Loan Parties or such Affiliate is required to do so under law and then, in any event, the Loan Parties or such Affiliate will consult with such Person before issuing such press release or other public disclosure. (d) The Loan Parties consent to the publication by the Administrative Agent or any Lender of customary advertising material relating to the Transactions (including, without limitation amount and type of facility) using the names, product photographs, logos or trademarks of the Loan Parties.

Confidentiality; Treatment of Certain Information. (a) Each of the Administrative Agent, the Revolving Lenders and the L/C Issuers Credit Party agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (i) to its Affiliates and to its and its Affiliates’ respective managers, administrators, trustees, partners, directors, officers, employees, agents, advisors advisors, consultants, contractors and other representatives (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), (ii) to the extent requested by any regulatory authority purporting to have jurisdiction over it (including any self-regulatory authority, such as the National Association of Insurance Commissioners), (iii) to the extent required by applicable Laws laws or regulations or by any subpoena or similar legal process, (iv) to any other party hereto, (v) in connection with the exercise of any remedies hereunder or under any other Credit Loan Document or any action or proceeding relating to this Credit Agreement or any other Credit Loan Document or the enforcement of rights hereunder or thereunder, (vi) subject to an agreement containing provisions substantially the same as those of this Section 11.07Section, to (A) any Eligible Assignee assignee of or Participant in, or any prospective Eligible Assignee assignee of or Participant (that meets the eligibility requirements hereunder) in, any of its rights or obligations under this Credit Agreement, Agreement or (B) any actual or prospective party (or its managers, administrators, trustees, partners, directors, officers, employees, agents, advisors and other representativesRelated Parties) to any swap, derivative or similar other transaction under which payments are to be made by reference to the Borrower and its obligations, this Credit Agreement or payments hereunder, (Cvii) on a confidential basis to (A) any Rating Service rating agency in connection with rating the Loan Parties or the Credit Facilities or (DB) the CUSIP Service Bureau or any similar organizationagency in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facilities, (viiviii) with the consent of the Borrower or (viiiix) to the extent such Information (xA) becomes publicly available other than as a result of a breach of this Section 11.07 or (yB) becomes available to the Administrative Agent, any Revolving Lender, any L/C Issuer Credit Party or any of their respective Affiliates on a nonconfidential non-confidential basis from a source other than the Borrower.Borrower or

Confidentiality; Treatment of Certain Information. (a) Each of the Administrative Agent, the Revolving Lenders and the L/C Issuers Xxxxxx agrees to maintain the confidentiality of the Information (as defined below)Information, except that Information may be disclosed (i) to its Affiliates and to its and its Affiliates’ respective managers, administrators, trustees, partners, directors, officers, employees, agents, advisors advisors, consultants, contractors and other representatives (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), (ii) to the extent requested by any regulatory authority purporting to have jurisdiction over it (including any self-regulatory authority, such as the National Association of Insurance Commissioners), (iii) to the extent required by applicable Laws Applicable Law or regulations or by any subpoena or similar legal process, (iv) to any other party hereto, (v) in connection with the exercise of any remedies hereunder or under any other Credit Loan Document or any action or proceeding relating to this Credit Agreement or any other Credit Loan Document or the enforcement of rights hereunder or thereunder, (vi) subject to an agreement containing provisions substantially the same as those of this Section 11.07Section, to (A) any Eligible Assignee of assignee or Participant inparticipant of, or any prospective Eligible Assignee of assignee or Participant (that meets the eligibility requirements hereunder) inparticipant of, any of its rights or obligations under this Credit Agreement, (B) any actual or prospective party (or its managers, administrators, trustees, partners, directors, officers, employees, agents, advisors and other representatives) to any swap, derivative or similar transaction under which payments are to be made by reference to the Borrower and its obligations, this Credit Agreement or payments hereunder, (C) any Rating Service or (D) the CUSIP Service Bureau or any similar organization, (vii) with the consent of the Borrower or (viii) to the extent such Information (xA) becomes publicly available other than as a result of a breach of this Section 11.07 or (yB) becomes available to the Administrative Agent, any Revolving Lender, any L/C Issuer Lender or any of their respective its Affiliates on a nonconfidential non-confidential basis from a source other than Borrower or (C) is independently generated by Lender or any of its Affiliates. In addition, Lender may disclose the Borrowerexistence of this Credit Agreement and information about this Credit Agreement and Loan Documents to (i) market data collectors, league table providers and other similar service providers to the lending industry and (ii) service providers to Lender in connection with the administration of this Credit Agreement, the other Loan Documents, and the Commitments. (b) For purposes of this Section, “Information” means all information received from Borrower or any of its Subsidiaries relating to Borrower or any of its Subsidiaries or any of their respective businesses, other than any such information that is available to Lender on a non-confidential basis prior to disclosure by Borrower or any Subsidiary or that is independently prepared by Lender; provided that, in the case of information received from Borrower or any of its Subsidiaries after the Agreement Date, such information is clearly identified at the time of delivery as confidential. Any Person required to maintain the confidentiality of Information as provided in this Section shall be considered to have complied with its obligation to do so if such Person has exercised the same degree of care to maintain the confidentiality of such Information as such Person would accord to its own confidential information. Notwithstanding anything herein to the contrary, “Information” shall not include, and Lender (and its Affiliates and partners, directors, officers, employees, agents, advisors and representatives) may disclose to any and all persons, without limitation of any kind, any information with respect to the U.S. federal income tax treatment and U.S. federal income tax structure of the transactions contemplated hereby and all materials of any kind (including opinions or other tax analyses) that are provided to Lender relating to such tax treatment and tax structure.

Confidentiality; Treatment of Certain Information. (a) Each of the Administrative Agent, the Revolving Lenders and the L/C Issuers Credit Party agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (i) to its Affiliates and to its and its Affiliates’ respective managers, administrators, trustees, partners, directors, officers, employees, agents, advisors and other representatives (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), (ii) to the extent requested by any regulatory authority purporting to have jurisdiction over it (including any self-regulatory authority, such as the National Association of Insurance Commissioners), (iii) to the extent required by applicable Laws Applicable Law or regulations or by any subpoena or similar legal process, (iv) to any other party hereto, (v) in connection with the exercise of any remedies hereunder or under any other Credit Loan Document or any action or proceeding relating to this Credit Agreement or any other Credit Loan Document or the enforcement of rights hereunder or thereunder, (vi) subject to an agreement containing provisions substantially the same as those of this Section 11.07Section, to (A) any Eligible Assignee assignee of or Participant in, or any prospective Eligible Assignee assignee of or Participant (that meets the eligibility requirements hereunder) in, any of its rights or obligations under this Credit AgreementAgreement (other than Disqualified Institutions, except solely to the extent such disclosure was made to a Disqualified Institution who was not known by such Credit Party to be a Disqualified Institution at the time such disclosure was made) or (B) any actual or prospective party (or its managers, administrators, trustees, partners, directors, officers, employees, agents, advisors and other representativesRelated Parties) to any swap, derivative or similar other transaction under which payments are to be made by reference to the Borrower and its obligations, this Credit Agreement or payments hereunder, (Cvii) on a confidential basis to (A) any Rating Service rating agency in connection with rating the Borrower ,its Subsidiaries or the Credit Facilities or (DB) the CUSIP Service Bureau or any similar organizationagency in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facilities, (viiviii) with the consent of the Borrower or (viiiix) to the extent such Information (xA) becomes publicly available other than as a result of a breach of this Section 11.07 or (yB) becomes available to the Administrative Agent, any Revolving Lender, any L/C Issuer Credit Party or any of their respective Affiliates on a nonconfidential non-confidential basis from a source other than the BorrowerBorrower or (z) is independently generated by the Administrative Agent, any Credit Party or any of their respective Affiliates. . In addition, the Administrative Agent and the Lenders may disclose the existence of this Credit Agreement and information about this Credit Agreement and the Loan Documents to (i) market data collectors, league table providers and other similar service providers to the lending industry and (ii) service providers to the Administrative Agent or any Lender in connection with the administration of this Credit Agreement, the other Loan Documents, and the Commitments. (b) For purposes of this Section, “Information” means all information received from any Loan Party or any of its Subsidiaries relating to any Loan Party or any of its Subsidiaries or any of their respective businesses, other than any such information that is available to the Administrative Agent or any other Credit Party on a non-confidential basis prior to disclosure by any Loan Party or any Subsidiary or that is independently prepared by the Administrative Agent or any other Credit Party, provided that, in the case of information received from any Loan Party or any of its Subsidiaries after the Closing Date, such information is clearly identified at the time of delivery as confidential. Any Person required to maintain the confidentiality of Information as provided in this Section shall be considered to have complied with its obligation to do so if such Person has exercised the same degree of care to maintain the confidentiality of such Information as such Person would accord to its own confidential information. Notwithstanding anything herein to the contrary, “Information” shall not include, and each Credit Party (and their Affiliates and respective partners, directors, officers, employees, agents, advisors and representatives) may disclose to any and all persons, without limitation of any kind, any information with respect to the U.S. federal income tax treatment and U.S. federal income tax structure of the transactions contemplated hereby and all materials of any kind (including opinions or other tax analyses) that are provided to such Credit Party relating to such tax treatment and tax structure. (c) The Loan Parties agree, on behalf of themselves and their Affiliates, that they will not in the future issue any press releases or other public disclosure using the name of the Administrative Agent or any Lender or their respective Affiliates or referring to this Credit Agreement or any of the other Loan Documents without the prior written consent of such Person, unless (and only to the extent that) the Loan Parties or such Affiliate is required to do so under law and then, in any event, the Loan Parties or such Affiliate will consult with such Person before issuing such press release or other public disclosure. (d) The Loan Parties consent to the publication by the Administrative Agent or any Lender of customary advertising material relating to the Transactions (including, without limitation amount and type of facility) using the names, product photographs, logos or trademarks of the Loan Parties.

Confidentiality; Treatment of Certain Information. (a) Each of the Administrative Agent, the Revolving Lenders and the L/C Issuers Credit Party agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (i) to its Affiliates and to its and its Affiliates’ respective managers, administrators, trustees, partners, directors, officers, employees, agents, advisors advisors, consultants, contractors and other representatives (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), (ii) to the extent requested by any regulatory authority purporting to have jurisdiction over it (including any self-regulatory authority, such as the National Association of Insurance Commissioners), (iii) to the extent required by applicable Laws laws or regulations or by any subpoena or similar legal process, (iv) to any other party hereto, (v) in connection with the exercise of any remedies hereunder or under any other Credit Loan Document or any action or proceeding relating to this Credit Agreement or any other Credit Loan Document or the enforcement of rights hereunder or thereunder, (vi) subject to an agreement containing provisions substantially the same as those of this Section 11.07Section, to (A) any Eligible Assignee assignee of or Participant in, or any prospective Eligible Assignee assignee of or Participant (that meets the eligibility requirements hereunder) in, any of its rights or obligations under this Credit Agreement, Agreement or (B) any actual or prospective party (or its managers, administrators, trustees, partners, directors, officers, employees, agents, advisors and other representativesRelated Parties) to any swap, derivative or similar other transaction under which payments are to be made by reference to the Borrower Borrowers and its their obligations, this Credit Agreement or payments hereunder, (Cvii) on a confidential basis to (A) any Rating Service rating agency in connection with rating the Borrower, its Subsidiaries or the Revolving Facility or (DB) the CUSIP Service Bureau or any similar organizationagency in connection with the issuance and monitoring of CUSIP numbers with respect to the Revolving Facility, (viiviii) with the consent of the Borrower Borrowers or (viiiix) to the extent such Information (xA) becomes publicly available other than as a result of a breach of this Section 11.07 or (yB) becomes available to the Administrative Agent, any Revolving Lender, any L/C Issuer Credit Party or any of their respective Affiliates on a nonconfidential non-confidential basis from a source other than the BorrowerBorrowers or (C) is independently generated by the Administrative Agent, any Credit Party or any of their respective Affiliates. In addition, the Administrative Agent and the Lenders may disclose the existence of this Credit Agreement and information about this Credit Agreement and the Loan Documents to (i) market data collectors, league table providers and other similar service providers to the lending industry and (ii) service providers to the Administrative Agent or any Lender in connection with the administration of this Credit Agreement, the other Loan Documents, and the Commitments. (b) For purposes of this Section, “Information” means all information received from any Borrower or any of its Subsidiaries relating to any Borrower or any of its Subsidiaries or any of their respective businesses, other than any such information that is available to the Administrative Agent or any other Credit Party on a non-confidential basis prior to disclosure by any Borrower or any Subsidiary or that is independently prepared by the Administrative Agent or any other Credit Party. Notwithstanding anything herein to the contrary, “Information” shall not include, and each Credit Party (and their Affiliates and respective partners, directors, officers, employees, agents, advisors and representatives) may disclose to any and all persons, without limitation of any kind, any information with respect to the U.S. federal income tax treatment and U.S. federal income tax structure of the transactions contemplated hereby and all materials of any kind (including opinions or other tax analyses) that are provided to such Credit Party relating to such tax treatment and tax structure.