Common use of Information Concerning Financial Condition of the Company and its Subsidiaries Clause in Contracts

Information Concerning Financial Condition of the Company and its Subsidiaries. The First Lien Collateral Agent and the First Lien Claimholders, on the one hand, and the Second Lien Claimholders and the Second Lien Collateral Agent, on the other hand, shall each be responsible for keeping themselves informed of (a) the financial condition of the Company and its Subsidiaries and all endorsers and/or guarantors of the First Lien Obligations or the Second Lien Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the First Lien Obligations or the Second Lien Obligations. The First Lien Collateral Agent and the First Lien Claimholders shall have no duty to advise the Second Lien Collateral Agent or any Second Lien Claimholder of information known to it or them regarding such condition or any such circumstances or otherwise. In the event the First Lien Collateral Agent or any of the First Lien Claimholders, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to the Second Lien Collateral Agent or any Second Lien Claimholder, it or they shall be under no obligation: (a) to make, and the First Lien Collateral Agent and the First Lien Claimholders shall not make, any express or implied representation or warranty, including with respect to the accuracy, completeness, truthfulness or validity of any such information so provided; (b) to provide any additional information or to provide any such information on any subsequent occasion; (c) to undertake any investigation; or (d) to disclose any information, which pursuant to accepted or reasonable commercial finance practices, such party wishes to maintain confidential or is otherwise required to maintain confidential.

Information Concerning Financial Condition of the Company and its Subsidiaries. The First Lien Each of (a) the Revolving Collateral Agent and the First Lien Claimholders, on Revolving Secured Parties and (b) the one hand, Term Collateral Agent and the Second Lien Claimholders and the Second Lien Collateral Agent, on the other hand, Term Secured Parties shall each be responsible for keeping themselves informed of (ai) the financial condition of the Company and its Subsidiaries and all endorsers and/or guarantors of the First Lien Revolving Obligations or the Second Lien Term Obligations and (bii) all other circumstances bearing upon the risk of nonpayment of the First Lien Revolving Obligations or the Second Lien Term Obligations. The First Lien Neither the Revolving Collateral Agent and the First Lien Claimholders nor any Revolving Secured Party shall have no any duty to advise the Second Lien Term Collateral Agent or any Second Lien Claimholder Term Secured Party of information known to it or them regarding such condition or any such circumstances or otherwise. In the event the First Lien Revolving Collateral Agent or any of the First Lien Claimholdersa Revolving Secured Party, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to the Second Lien Term Collateral Agent or any Second Lien ClaimholderTerm Secured Party, it or they shall be under no obligation: (a) to make, and neither the First Lien Revolving Collateral Agent and the First Lien Claimholders nor any Revolving Secured Party shall not make, any express or implied representation or warranty, including with respect to the accuracy, completeness, truthfulness or validity of any such information so provided; (b) to provide any additional information or to provide any such information on any subsequent occasion; (c) to undertake any investigation; or (d) to disclose any information, which pursuant to accepted or reasonable commercial finance practices, such party wishes to maintain confidential or is otherwise required to maintain confidential.

Information Concerning Financial Condition of the Company and its Subsidiaries. The First Lien Collateral ABL Agent and the First Lien ABL Claimholders, on the one hand, and the Second Lien Claimholders Notes Agent and the Second Lien Collateral AgentNote Claimholders, on the other hand, shall each be responsible for keeping themselves informed of (a) the financial condition of the Company and its the Company Subsidiaries and all endorsers and/or guarantors and other Grantors of the First Lien ABL Obligations or the Second Lien Note Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the First Lien ABL Obligations or the Second Lien Note Obligations. The First Lien Collateral Agent and Neither the First Lien Claimholders ABL Claimholders, on the one hand, nor the Note Claimholders, on the other hand, shall have no any duty to advise the Second Lien Collateral Agent or any Second Lien Claimholder other of information known to it or them regarding such condition or any such circumstances or otherwise. In the event that either the First Lien Collateral ABL Agent or any of the First Lien other ABL Claimholders, in its on the one hand, or their sole discretionthe Notes Agent or any of the other Note Claimholders, on the other hand, undertakes at any time or from time to time to provide any such information to any of the Second Lien Collateral Agent or any Second Lien Claimholderothers, it or they shall be under no obligation: , (ai) to make, and the First Lien Collateral Agent and the First Lien Claimholders shall not make, any express or implied representation or warranty, including with respect to the accuracy, completeness, truthfulness or validity of any such information so provided; , (bii) to provide any additional information or to provide any such information on any subsequent occasion; , (ciii) to undertake any investigation; or , or (div) to disclose any information, which pursuant to accepted or reasonable commercial finance practices, such party wishes to maintain confidential or is otherwise required to maintain confidential.

Information Concerning Financial Condition of the Company and its Subsidiaries. The First Lien Collateral Revolving Credit Agent and the First Lien Revolving Credit Claimholders, on the one hand, and the Second Lien Claimholders Collateral Trustee, the Secured Debt Representatives and the Second Lien Collateral AgentSecured Debt Claimholders, on the other hand, shall each be responsible for keeping themselves informed of (a) the financial condition of the Company and its Subsidiaries and all endorsers and/or guarantors of the First Lien Revolving Credit Obligations or the Second Lien Secured Debt Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the First Lien Revolving Credit Obligations or the Second Lien Secured Debt Obligations. The First Lien Collateral Neither the Revolving Credit Agent and the First Lien Claimholders Revolving Credit Claimholders, on the one hand, nor the Collateral Trustee, the Secured Debt Representatives and the Secured Debt Claimholders, on the other hand, shall have no any duty to advise the Second Lien Collateral Agent or any Second Lien Claimholder other of information known to it or them regarding such condition or any such circumstances or otherwise. In the event that either the First Lien Collateral Revolving Credit Agent or any of the First Lien Revolving Credit Claimholders, in its on the one hand, or their sole discretionthe Collateral Trustee, the Secured Debt Representatives and the Secured Debt Claimholders, on the other hand, undertakes at any time or from time to time to provide any such information to any of the Second Lien Collateral Agent or any Second Lien Claimholderothers, it or they shall be under no obligation: (a) to make, and the First Lien Collateral Agent and the First Lien Claimholders shall not make, any express or implied representation or warranty, including with respect to the accuracy, completeness, truthfulness or validity of any such information so provided; (b) to provide any additional information or to provide any such information on any subsequent occasion; (c) to undertake any investigation; or (d) to disclose any information, which pursuant to accepted or reasonable commercial finance practices, such party wishes to maintain confidential or is otherwise required to maintain confidential.

Information Concerning Financial Condition of the Company and its Subsidiaries. The First Lien Collateral Agent and the First Lien Claimholders, on the one hand, and the Second Lien Claimholders and the each Second Lien Collateral Agent, on the other hand, shall each be responsible for keeping themselves informed of (a) the financial condition of the Company Grantors and its their Subsidiaries and all endorsers and/or guarantors of the First Lien Obligations or the Second Lien Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the First Lien Obligations or the Second Lien Obligations. The First Lien Collateral Agent and the other First Lien Claimholders shall have no duty to advise the Second Lien Collateral Agent Agents or any other Second Lien Claimholder of information known to it or them regarding such condition or any such circumstances or otherwise. In the event the First Lien Collateral Agent or any of the other First Lien Claimholders, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to the Second Lien Collateral Agent Agents or any other Second Lien Claimholder, it or they shall be under no obligation: (a) to make, and the First Lien Collateral Agent and the other First Lien Claimholders shall not make, and shall be deemed not to have made, any express or implied representation or warranty, including with respect to the accuracy, completeness, truthfulness or validity of any such information so provided; (b) to provide any additional information or to provide any such information on any subsequent occasion; (c) to undertake any investigation; or (d) to disclose any information, which pursuant to accepted or reasonable commercial finance practices, such party wishes to maintain confidential or is otherwise required to maintain confidential.

Information Concerning Financial Condition of the Company and its Subsidiaries. The First Lien Collateral Agent and the First Lien Claimholders, on the one hand, and the Second Lien Claimholders and the Second Lien Collateral Agent, on the other hand, shall each be responsible for keeping themselves informed of (a) the financial condition of the Company and its Subsidiaries and all endorsers and/or guarantors of the First Lien Obligations or the Second Lien Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the First Lien Obligations or the Second Lien Obligations. The First Lien Collateral Agent and the First Lien Claimholders shall have no duty to advise the Second Lien Collateral Agent or any Second Lien Claimholder of information known to it or them regarding such condition or any such circumstances or otherwise. In the event the First Lien Collateral Agent or any of the First Lien Claimholders, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to the Second Lien Collateral Agent or any Second Lien Claimholder, it or they shall be under no obligation: (a) to make, and the First Lien Collateral Agent and the First Lien Claimholders shall not make, any express or implied representation or warranty, including with respect to the accuracy, completeness, truthfulness or validity of any such information so provided; (b) to provide any additional information or to provide any such information on any subsequent occasion; (c) to undertake any investigation; or (d) to disclose any informationinformation which, which pursuant to accepted or reasonable commercial finance practices, such party wishes to maintain confidential or is otherwise required to maintain confidential.

Information Concerning Financial Condition of the Company and its Subsidiaries. The First Lien Collateral ABL Agent and the First Lien ABL Claimholders, on the one hand, and the Second Collateral Trustee, the Priority Lien Claimholders Representatives and the Second Priority Lien Collateral AgentClaimholders, on the other hand, shall each be responsible for keeping themselves informed of (a) the financial condition of the Company and its Subsidiaries and all endorsers and/or guarantors of the First Lien ABL Obligations or the Second Priority Lien Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the First Lien ABL Obligations or the Second Priority Lien Obligations. The First Lien Collateral Neither the ABL Agent and the First ABL Claimholders, on the one hand, nor the Collateral Trustee, the Priority Lien Claimholders Representatives and the Priority Lien Claimholders, on the other hand, shall have no any duty to advise the Second Lien Collateral Agent or any Second Lien Claimholder other of information known to it or them regarding such condition or any such circumstances or otherwise. In the event that either the First Lien Collateral ABL Agent or any of the First ABL Claimholders, on the one hand, or the Collateral Trustee, the Priority Lien Representatives and the Priority Lien Claimholders, in its or their sole discretionon the other hand, undertakes at any time or from time to time to provide any such information to any of the Second Lien Collateral Agent or any Second Lien Claimholderothers, it or they shall be under no obligation: (a) to make, and the First Lien Collateral Agent and the First Lien Claimholders shall not make, any express or implied representation or warranty, including with respect to the accuracy, completeness, truthfulness or validity of any such information so provided; (b) to provide any additional information or to provide any such information on any subsequent occasion; (c) to undertake any investigation; or (d) to disclose any information, which pursuant to accepted or reasonable commercial finance practices, such party wishes to maintain confidential or is otherwise required to maintain confidential.

Information Concerning Financial Condition of the Company and its Subsidiaries. The First Senior Lien Collateral Agent and the First Senior Lien Claimholders, on the one hand, and the Second Junior Lien Claimholders and the Second Junior Lien Collateral Agent, on the other hand, shall each be responsible for keeping themselves informed of (a) the financial condition of the Company Grantors and its their Subsidiaries and all endorsers and/or guarantors of the First Senior Lien Obligations or the Second Junior Lien Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the First Senior Lien Obligations or the Second Junior Lien Obligations. The First Lien Collateral Agent, the Second Lien Collateral Agent and the First other Senior Lien Claimholders shall have no duty to advise the Second Junior Lien Collateral Agent or any Second other Junior Lien Claimholder of information known to it or them regarding such condition or any such circumstances or otherwise. In the event the First Lien Collateral Agent, the Second Lien Collateral Agent or any of the First other Senior Lien Claimholders, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to the Second Junior Lien Collateral Agent or any Second other Junior Lien Claimholder, it or they shall be under no obligation: (a) to make, and the First Lien Collateral Agent, the Second Lien Collateral Agent and the First other Senior Lien Claimholders shall not make, any express or implied representation or warranty, including with respect to the accuracy, completeness, truthfulness or validity of any such information so provided; (b) to provide any additional information or to provide any such information on any subsequent occasion; (c) to undertake any investigation; or (d) to disclose any information, which pursuant to accepted or reasonable commercial finance practices, such party wishes to maintain confidential or is otherwise required to maintain confidential.

Information Concerning Financial Condition of the Company and its Subsidiaries. The First Lien Collateral Agent and the First Lien Claimholders, on the one handSecured Parties, and the Second Lien Claimholders Collateral Agent and the Second Lien Collateral Agent, on the other handSecured Parties, shall each be responsible for keeping themselves informed of (a) the financial condition of the Company and its Subsidiaries and all endorsers and/or guarantors of the First Lien Obligations or the Second Lien Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the First Lien Obligations or the Second Lien Obligations. The First Lien Collateral Agent and the First Lien Claimholders Secured Parties shall have no duty to advise the Second Lien Collateral Agent or any Second Lien Claimholder Secured Party of information known to it or them regarding such condition or any such circumstances or otherwise. In the event the First Lien Collateral Agent or any of the First Lien ClaimholdersSecured Parties, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to the Second Lien Collateral Agent or any Second Lien ClaimholderSecured Party, it or they shall be under no obligation: obligation (aw) to make, and the First Lien Collateral Agent and the First Lien Claimholders Secured Parties shall not make, any express or implied representation or warranty, including with respect to the accuracy, completeness, truthfulness or validity of any such information so provided; , (bx) to provide any additional information or to provide any such information on any subsequent occasion; , (cy) to undertake any investigation; or investigation or (dz) to disclose any informationinformation which, which pursuant to accepted or reasonable commercial finance practices, such party wishes to maintain confidential or is otherwise required to maintain confidential.

Information Concerning Financial Condition of the Company and its Subsidiaries. The First Lien Collateral Agent and the First Lien Claimholders, on the one hand, and the Second Lien Claimholders and the Second Lien Collateral AgentTrustee, on the other hand, shall each not be responsible to each other for keeping themselves informed (to the extent, if any, required to do so by the First Lien Loan Documents or the Second Lien Documents, respectively), of (a) the financial condition of the Company and its Subsidiaries and all endorsers and/or guarantors of the First Lien Obligations or the Second Lien Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the First Lien Obligations or the Second Lien Obligations. The First Lien Collateral Agent and the First Lien Claimholders shall have no duty to advise the Second Lien Collateral Agent Trustee or any Second Lien Claimholder of information known to it or them regarding such condition or any such circumstances or otherwise. In the event the First Lien Collateral Agent or any of the First Lien Claimholders, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to the Second Lien Collateral Agent Trustee or any Second Lien Claimholder, it or they shall be under no obligation: (a) to make, and the First Lien Collateral Agent and the First Lien Claimholders shall not make, any express or implied representation or warranty, including with respect to the accuracy, completeness, truthfulness or validity of any such information so provided; (b) to provide any additional information or to provide any such information on any subsequent occasion; (c) to undertake any investigation; or (d) to disclose any information, which pursuant to accepted or reasonable commercial finance practices, such party wishes to maintain confidential or is otherwise required to maintain confidential.

Information Concerning Financial Condition of the Company and its Subsidiaries. The First Lien Credit Agreement Collateral Agent and the First Lien Credit Agreement Claimholders, on the one hand, and the Second Lien Pari Tranche Claimholders and the Second Lien Pari Tranche Collateral Agent, on the other hand, shall each be responsible for keeping themselves informed of (a) the financial condition of the Company and its Subsidiaries and all endorsers and/or guarantors of the First Lien Credit Agreement Obligations or the Second Lien Pari Tranche Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the First Lien Credit Agreement Obligations or the Second Lien Pari Tranche Obligations. The First Lien Credit Agreement Collateral Agent and the First Lien Credit Agreement Claimholders shall have no duty to advise the Second Lien Pari Tranche Collateral Agent or any Second Lien Pari Tranche Claimholder of information known to it or them regarding such condition or any such circumstances or otherwise. In the event the First Lien Credit Agreement Collateral Agent or any of the First Lien Credit Agreement Claimholders, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to the Second Lien Pari Tranche Collateral Agent or any Second Lien Pari Tranche Claimholder, it or they shall be under no obligation: (ai) to make, and the First Lien Credit Agreement Collateral Agent and the First Lien Credit Agreement Claimholders shall not make, any express or implied representation or warranty, including with respect to the accuracy, completeness, truthfulness or validity of any such information so provided; (bii) to provide any additional information or to provide any such information on any subsequent occasion; (ciii) to undertake any investigation; or (div) to disclose any information, which pursuant to accepted or reasonable commercial finance practices, such party wishes to maintain confidential or is otherwise required to maintain confidential.

Information Concerning Financial Condition of the Company and its Subsidiaries. The First Priority Lien Collateral Agent Representative and the First Priority Lien Claimholders, on the one hand, and the Second Lien Claimholders Collateral Trustee, the Secured Debt Representatives and the Second Lien Collateral AgentSecured Debt Claimholders, on the other hand, shall each be responsible for keeping themselves informed of (a) the financial condition of the Company and its Subsidiaries and all endorsers and/or guarantors of the First Priority Lien Obligations or the Second Lien Secured Debt Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the First Priority Lien Obligations or the Second Lien Secured Debt Obligations. The First Neither the Priority Lien Collateral Agent Representative and the First Priority Lien Claimholders Claimholders, on the one hand, nor the Collateral Trustee, the Secured Debt Representatives and the Secured Debt Claimholders, on the other hand, shall have no any duty to advise the Second Lien Collateral Agent or any Second Lien Claimholder other of information known to it or them regarding such condition or any such circumstances or otherwise. In the event that either the First Priority Lien Collateral Agent Representative or any of the First Priority Lien Claimholders, in its on the one hand, or their sole discretionthe Collateral Trustee, the Secured Debt Representatives and the Secured Debt Claimholders, on the other hand, undertakes at any time or from time to time to provide any such information to any of the Second Lien Collateral Agent or any Second Lien Claimholderothers, it or they shall be under no obligation: (a) to make, and the First Lien Collateral Agent and the First Lien Claimholders shall not make, any express or implied representation or warranty, including with respect to the accuracy, completeness, truthfulness or validity of any such information so provided; (b) to provide any additional information or to provide any such information on any subsequent occasion; (c) to undertake any investigation; or (d) to disclose any information, which pursuant to accepted or reasonable commercial finance practices, such party wishes to maintain confidential or is otherwise required to maintain confidential.

Information Concerning Financial Condition of the Company and its Subsidiaries. (a) The First Lien Collateral Agent and the First Lien Claimholders, on the one hand, and the Second Lien Claimholders and the Second Lien Collateral Agent, on the other hand, shall each be responsible for keeping themselves informed of (ai) the financial condition of the Company and its Subsidiaries and all endorsers and/or guarantors of the First Lien Obligations or the Second Lien Obligations and (bii) all other circumstances bearing upon the risk of nonpayment of the First Lien Obligations or the Second Lien Obligations. The First Lien Collateral Agent and the First Lien Claimholders shall have no duty to advise the Second Lien Collateral Agent or any Second Lien Claimholder of information known to it or them regarding such condition or any such circumstances or otherwise. In the event the First Lien Collateral Agent or any of the First Lien Claimholders, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to the Second Lien Collateral Agent or any Second Lien Claimholder, it or they shall be under no obligation: obligation (aw) to make, and the First Lien Collateral Agent and the First Lien Claimholders shall not make, any express or implied representation or warranty, including with respect to the accuracy, completeness, truthfulness or validity of any such information so provided; , (bx) to provide any additional information or to provide any such information on any subsequent occasion; , (cy) to undertake any investigation; investigation or (d) to disclose any information, which pursuant to accepted or reasonable commercial finance practices, such party wishes to maintain confidential or is otherwise required to maintain confidential.

Information Concerning Financial Condition of the Company and its Subsidiaries. The First Lien Collateral Agent and the First Lien ClaimholdersSecured Parties, on the one hand, and the Second Lien Claimholders Collateral Agent and the Second Lien Collateral AgentSecured Parties, on the other hand, shall each be responsible for keeping themselves informed of (a) the financial condition of the Company and its Subsidiaries and all endorsers and/or guarantors of the First Lien Obligations or the Second Lien Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the First Lien Obligations or the Second Lien Obligations. The First Lien Collateral Agent and the First Lien Claimholders Secured Parties shall have no duty to advise the Second Lien Collateral Agent or any Second Lien Claimholder Secured Party of information known to it or them regarding such condition or any such circumstances or otherwise. In the event the First Lien Collateral Agent or any of the First Lien ClaimholdersSecured Parties, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to the Second Lien Collateral Agent or any Second Lien ClaimholderSecured Parties, it or they shall be under no obligation: obligation (aw) to make, and the First Lien Collateral Agent and the First Lien Claimholders Secured Parties shall not make, any express or implied representation or warranty, including with respect to the accuracy, completeness, truthfulness or validity of any such information so provided; , (bx) to provide any additional information or to provide any such information on any subsequent occasion; , (cy) to undertake any investigation; or investigation or (dz) to disclose any informationinformation which, which pursuant to accepted or reasonable commercial finance practices, such party wishes to maintain confidential or is otherwise required to maintain confidential.

Information Concerning Financial Condition of the Company and its Subsidiaries. The First Lien Collateral Agent and the First Lien Claimholders, on the one hand, and the Second Subordinated Lien Claimholders and the Second Lien Subordinated Collateral AgentTrustee, on the other hand, shall each be responsible for keeping themselves informed of (ax) the financial condition of the Company and its Subsidiaries and all endorsers and/or guarantors of the First Lien Obligations or the Second Subordinated Lien Obligations and (by) all other circumstances bearing upon the risk of nonpayment of the First Lien Obligations or the Second Subordinated Lien Obligations. The First Lien Collateral Agent and the First Lien Claimholders shall have no duty to advise the Second Lien Subordinated Collateral Agent Trustee or any Second Subordinated Lien Claimholder of information known to it or them regarding such condition or any such circumstances or otherwise. In the event the First Lien Collateral Agent or any of the First Lien Claimholders, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to the Second Lien Subordinated Collateral Agent Trustee or any Second Subordinated Lien Claimholder, it or they shall be under no obligation: (a) to make, and the First Lien Collateral Agent and the First Lien Claimholders shall not make, any express or implied representation or warranty, including with respect to the accuracy, completeness, truthfulness or validity of any such information so provided; (b) to provide any additional information or to provide any such information on any subsequent occasion; (c) to undertake any investigation; or (d) to disclose any information, which pursuant to accepted or reasonable commercial finance practices, such party wishes to maintain confidential or is otherwise required to maintain confidential.

Information Concerning Financial Condition of the Company and its Subsidiaries. The First Lien Collateral Agent and the First Lien Claimholders, on the one hand, and the Second Lien Claimholders (other than the Collateral Trustee and the Second Lien Collateral AgentNotes Trustee), on the other hand, shall each be responsible for keeping themselves informed of (a) the financial condition of the Company and its Subsidiaries subsidiaries and all endorsers and/or guarantors of the First Lien Obligations or the Second Lien Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the First Lien Obligations or the Second Lien Obligations. The Neither the First Lien Collateral Agent and the First Lien Claimholders Claimholders, on the one hand, nor the Collateral Trustee and the Second Lien Claimholders, on the other hand, shall have no any duty to advise the Second Lien Collateral Agent or any Second Lien Claimholder other of information known to it or them regarding such condition or any such circumstances or otherwise. In the event that either the First Lien Collateral Agent or any of the First Lien Claimholders, in its on the one hand, or their sole discretionthe Collateral Trustee or any of the Second Lien Claimholders, on the other hand, undertakes at any time or from time to time to provide any such information to any of the Second Lien Collateral Agent or any Second Lien Claimholderothers, it or they shall be under no obligation: (a) to make, and the First Lien Collateral Agent and the First Lien Claimholders shall not make, any express or implied representation or warranty, including with respect to the accuracy, completeness, truthfulness or validity of any such information so provided; (b) to provide any additional information or to provide any such information on any subsequent occasion; (c) to undertake any investigation; or (d) to disclose any information, which pursuant to accepted or reasonable commercial finance practices, such party wishes to maintain confidential or is otherwise required to maintain confidential.

Information Concerning Financial Condition of the Company and its Subsidiaries. The First Lien Collateral Agent and the First Lien Claimholders, on the one hand, and the Second Lien Claimholders and the Second Lien Collateral Agent, on the other hand, shall each be responsible for keeping themselves informed of (a) the financial condition of the Company and its Subsidiaries and all endorsers and/or guarantors of the First Lien Obligations or the Second Lien Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the First Lien Obligations or the Second Lien Obligations. The First Lien Collateral Agent and the First Lien Claimholders shall have no duty to advise the Second Lien Collateral Agent or any Second Lien Claimholder of information known to it or them regarding such condition or any such circumstances or otherwise. In the event the First Lien Collateral Agent or any of the First Lien Claimholders, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to the Second Lien Collateral Agent or any Second Lien Claimholder, it or they shall be under no obligation: (ai) to make, and the First Lien Collateral Agent and the First Lien Claimholders shall not make, any express or implied representation or warranty, including with respect to the accuracy, completeness, truthfulness or validity of any such information so provided; (bii) to provide any additional information or to provide any such information on any subsequent occasion; (ciii) to undertake any investigation; or (div) to disclose any information, which pursuant to accepted or reasonable commercial finance practices, such party wishes to maintain confidential or is otherwise required to maintain confidential.

Information Concerning Financial Condition of the Company and its Subsidiaries. The First Lien Collateral ABL Agent and the First Lien ABL Claimholders, on the one hand, and the Second Priority Lien Claimholders Debt Collateral Agents and the Second Priority Lien Collateral AgentClaimholders, on the other hand, shall each be responsible for keeping themselves informed of (a) the financial condition of the Company and its Subsidiaries and all endorsers and/or guarantors of the First Lien ABL Obligations or the Second Priority Lien Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the First Lien ABL Obligations or the Second Priority Lien Obligations. The First Lien Collateral Neither the ABL Agent and the First ABL Claimholders, on the one hand, nor the Priority Lien Claimholders Debt Collateral Agents and the Priority Lien Claimholders, on the other hand, shall have no any duty to advise the Second Lien Collateral Agent or any Second Lien Claimholder other of information known to it or them regarding such condition or any such circumstances or otherwise. In the event that either the First Lien Collateral ABL Agent or any of the First ABL Claimholders, on the one hand, or the Priority Lien Debt Collateral Agents and the Priority Lien Claimholders, in its or their sole discretionon the other hand, undertakes at any time or from time to time to provide any such information to any of the Second Lien Collateral Agent or any Second Lien Claimholderothers, it or they shall be under no obligation: (a) to make, and the First Lien Collateral Agent and the First Lien Claimholders shall not make, any express or implied representation or warranty, including with respect to the accuracy, completeness, truthfulness or validity of any such information so provided; (b) to provide any additional information or to provide any such information on any subsequent occasion; (c) to undertake any investigation; or (d) to disclose any information, which pursuant to accepted or reasonable commercial finance practices, such party wishes to maintain confidential or is otherwise required to maintain confidential.

Information Concerning Financial Condition of the Company and its Subsidiaries. The First Lien Collateral Administrative Agent and the First Lien Claimholders, on the one hand, and the Second Lien Claimholders and the Second Lien Collateral Administrative Agent, on the other hand, shall each be responsible for keeping themselves informed of (a) the financial condition of the Company and its Subsidiaries and all endorsers and/or guarantors of the First Lien Obligations or the Second Lien Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the First Lien Obligations or the Second Lien Obligations. The First Lien Collateral Administrative Agent and the First Lien Claimholders shall have no duty to advise the Second Lien Collateral Administrative Agent or any Second Lien Claimholder of information known to it or them regarding such condition or any such circumstances or otherwise. In the event the First Lien Collateral Administrative Agent or any of the First Lien Claimholders, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to the Second Lien Collateral Administrative Agent or any Second Lien Claimholder, it or they shall be under no obligation: (a) to make, and the First Lien Collateral Administrative Agent and the First Lien Claimholders shall not make, any express or implied representation or warranty, including with respect to the accuracy, completeness, truthfulness or validity of any such information so provided; (b) to provide any additional information or to provide any such information on any subsequent occasion; (c) to undertake any investigation; or (d) to disclose any information, which pursuant to accepted or reasonable commercial finance practices, such party wishes to maintain confidential or is otherwise required to maintain confidential.

Information Concerning Financial Condition of the Company and its Subsidiaries. The First Lien Collateral Agent and the First Lien Claimholders, on the one hand, and the Second Lien Claimholders and the Second Lien Collateral Notes Agent, on the other hand, shall each be responsible for keeping themselves informed of (a) the financial condition of the Company Grantors and its their Subsidiaries and all endorsers and/or guarantors of the First Lien Obligations or the Second Lien Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the First Lien Obligations or the Second Lien Obligations. The First Lien Collateral Agent and the other First Lien Claimholders shall have no duty to advise the Second Lien Notes Agent or any other Second Lien Claimholder of information known to it or them regarding such condition or any such circumstances or otherwise. The Second Lien Notes Agent and the other Second Lien Claimholders shall have no duty to advise the First Lien Collateral Agent or any Second other First Lien Claimholder of information known to it or them regarding such condition or any such circumstances or otherwise. In the event the First Lien Collateral Agent or any of the First Lien Claimholders, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to the Second Lien Collateral Agent or any Second Lien other Claimholder, it or they shall be under no obligation: (a) to make, and the First Lien Collateral Agent and the First Lien such Claimholders shall not make, any express or implied representation or warranty, including with respect to the accuracy, completeness, truthfulness or validity of any such information so provided; (b) to provide any additional information or to provide any such information on any subsequent occasion; (c) to undertake any investigation; or (d) to disclose any information, which pursuant to accepted or reasonable commercial finance practices, such party wishes to maintain confidential or is otherwise required to maintain confidential.

Information Concerning Financial Condition of the Company and its Subsidiaries. The First Lien Collateral Agent Each of the Agents and the First Lien Claimholders, on the one hand, and the Second Lien other Claimholders and the Second Lien Collateral Agent, on the other hand, shall each be responsible for keeping themselves informed of (a) the financial condition of the Company and its Subsidiaries and all endorsers and/or guarantors of the First Lien Obligations or the Second Lien Obligations Grantors and (b) all other circumstances bearing upon the risk of nonpayment of the First Lien ABL Obligations or and the Second Lien Fixed Asset Obligations. The First Lien Collateral Agent and the First Lien Claimholders No Claimholder shall have no any duty to advise the Second Lien Collateral Agent or any Second Lien other Claimholder of information known to it or them regarding such condition or any such circumstances or otherwise. In the event the First Lien Collateral any Agent or any of the First Lien Claimholders, in its or their sole discretion, other Claimholder undertakes at any time or from time to time to provide any such information to any of the Second Lien Collateral Agent or any Second Lien Claimholderother Claimholders, it or they shall be under no obligation: , (ai) to make, and the First Lien Collateral Agent and the First Lien Claimholders shall not make, any express or implied representation or warranty, including with respect to the accuracy, completeness, truthfulness or validity of any such information so provided; , (bii) to provide any additional information or to provide any such information on any subsequent occasion; , (ciii) to undertake any investigation; or , or (div) to disclose any information, which pursuant to accepted or reasonable commercial finance practices, such party wishes to maintain confidential or is otherwise required to maintain confidential. The ABL Agent hereby agrees that neither the Collateral Trustee nor any other representative of the holders of the Fixed Asset Obligations shall have any obligation to monitor the value of any Fixed Asset Pledged Collateral or provide information regarding the effectiveness of its Lien on any Fixed Asset Pledged Collateral that may be required to be released as contemplated by Section 2.4(b).

Information Concerning Financial Condition of the Company and its Subsidiaries. The First Lien Collateral Agent and the First Lien Claimholders, on the one hand, and the Second Lien Claimholders and the Second Lien Collateral AgentClaimholders, on the other hand, shall each be responsible for keeping themselves informed of (a) the financial condition of Parent, the Company and its Subsidiaries and all endorsers and/or guarantors of the First Lien Obligations or the Second Lien Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the First Lien Obligations or the Second Lien Obligations. The First Lien Collateral Agent and the First Lien Claimholders shall have no duty to advise the Second Lien Collateral Agent or any Second Lien Claimholder of information known to it or them regarding such condition or any such circumstances or otherwise. In the event the First Lien Collateral Agent or any of the First Lien Claimholders, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to the Second Lien Collateral Agent or any Second Lien Claimholder, it or they shall be under no obligation: (a) to make, and the First Lien Collateral Agent and the First Lien Claimholders shall not make, any express or implied representation or warranty, including with respect to the accuracy, completeness, truthfulness or validity of any such information so provided; (b) to provide any additional information or to provide any such information on any subsequent occasion; (c) to undertake any investigation; or (d) to disclose any information, which pursuant to accepted or reasonable commercial finance practices, such party wishes to maintain confidential or is otherwise required to maintain confidential.

Information Concerning Financial Condition of the Company and its Subsidiaries. The First Lien Collateral Agent and the First Lien ClaimholdersSecured Parties, on the one hand, and the Second Lien Claimholders Collateral Agent and the Second Lien Collateral AgentSecured Parties, on the other hand, shall each be responsible for keeping themselves informed of (a) the financial condition of the Company and its Subsidiaries and all endorsers and/or guarantors of the First Lien Obligations or the Second Lien Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the First Lien Obligations or the Second Lien Obligations. The First Lien Collateral Agent and the First Lien Claimholders Secured Parties shall have no duty to advise the Second Lien Collateral Agent or any Second Lien Claimholder Secured Party of information known to it or them regarding such condition or any such circumstances or otherwise. In the event the First Lien Collateral Agent or any of the First Lien ClaimholdersSecured Parties, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to the Second Lien Collateral Agent or any Second Lien ClaimholderSecured Party, it or they shall be under no obligation: obligation (aw) to make, and the First Lien Collateral Agent and the First Lien Claimholders Secured Parties shall not make, any express or implied representation or warranty, including with respect to the accuracy, completeness, truthfulness or validity of any such information so provided; , (bx) to provide any additional information or to provide any such information on any subsequent occasion; , (cy) to undertake any investigation; or investigation or (dz) to disclose any informationinformation which, which pursuant to accepted or reasonable commercial finance practices, such party wishes to maintain confidential or is otherwise required to maintain confidential.

Information Concerning Financial Condition of the Company and its Subsidiaries. The First Lien Collateral Agent and the First Lien Claimholders, on the one hand, and the Second Lien Claimholders and the Second Lien Collateral Agent, on the other hand, shall each be responsible for keeping themselves informed of (ax) the financial condition of the Company and its Subsidiaries and all endorsers and/or guarantors of the First Lien Obligations or the Second Lien Obligations and (by) all other circumstances bearing upon the risk of nonpayment of the First Lien Obligations or the Second Lien Obligations. The First Lien Collateral Agent and the First Lien Claimholders shall have no duty to advise the Second Lien Collateral Agent or any Second Lien Claimholder of information known to it or them regarding such condition or any such circumstances or otherwise. In the event the First Lien Collateral Agent or any of the First Lien Claimholders, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to the Second Lien Collateral Agent or any Second Lien Claimholder, it or they shall be under no obligation: (a) to make, and the First Lien Collateral Agent and the First Lien Claimholders shall not make, any express or implied representation or warranty, including with respect to the accuracy, completeness, truthfulness or validity of any such information so provided; (b) to provide any additional information or to provide any such information on any subsequent occasion; (c) to undertake any investigation; or (d) to disclose any information, which pursuant to accepted or reasonable commercial finance practices, such party wishes to maintain confidential or is otherwise required to maintain confidential.

Information Concerning Financial Condition of the Company and its Subsidiaries. (a) The First Lien Collateral Agent and the First Lien Claimholders, on the one hand, and the Second Lien Claimholders and the Second Lien Collateral Agent, on the other hand, shall each be responsible for keeping themselves informed of (ai) the financial condition of the Company and its Subsidiaries and all endorsers and/or guarantors of the First Lien Obligations or the Second Lien Obligations and (bii) all other circumstances bearing upon the risk of nonpayment of the First Lien Obligations or the Second Lien Obligations. . (b) The First Lien Collateral Agent and the First Lien Claimholders shall have no duty to advise the Second Lien Collateral Agent or any Second Lien Claimholder of information known to it or them regarding such condition or any such circumstances or otherwise. In the event the First Lien Collateral Agent or any of the First Lien Claimholders, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to the Second Lien Collateral Agent or any Second Lien Claimholder, it or they shall be under no obligation: (ai) to make, and the First Lien Collateral Agent and the First Lien Claimholders shall not make, any express or implied representation or warranty, including with respect to the accuracy, completeness, truthfulness or validity of any such information so provided; (bii) to provide any additional information or to provide any such information on any subsequent occasion; (ciii) to undertake any investigation; or (div) to disclose any information, which pursuant to accepted or reasonable commercial finance practices, such party wishes to maintain confidential or is otherwise required to maintain confidential. (c) The Second Lien Collateral Agent and the Second Lien Claimholders shall have no duty to advise the First Lien Collateral Agent or any First Lien Claimholder of information known to it or them regarding such condition or any such circumstances or otherwise. In the event the Second Lien Collateral Agent or any of the Second Lien Claimholders, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to the First Lien Collateral Agent or any First Lien Claimholder, it or they shall be under no obligation: (i) to make, and the Second Lien Collateral Agent and the Second Lien Claimholders shall not make, any express or implied representation or warranty, including with respect to the accuracy, completeness, truthfulness or validity of any such information so provided; (ii) to provide any additional information or to provide any such information on any subsequent occasion; (iii) to undertake any investigation; or (iv) to disclose any information, which pursuant to accepted or reasonable commercial finance practices, such party wishes to maintain confidential or is otherwise required to maintain confidential.

Information Concerning Financial Condition of the Company and its Subsidiaries. The First Lien Collateral ABL Agent and the First Lien ClaimholdersABL Secured Parties, on the one hand, and the Second Lien Claimholders Collateral Agent and the Second Lien Collateral AgentNote Claimholders, on the other hand, shall each be responsible for keeping themselves informed of (a) the financial condition of the Company and its Subsidiaries and all endorsers and/or guarantors of the First Lien ABL Obligations or the Second Lien Noteholder Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the First Lien ABL Obligations or the Second Lien Noteholder Obligations. The First Lien Neither the ABL Agent and the ABL Secured Parties, on the one hand, nor the Collateral Agent and the First Lien Claimholders Note Claimholders, on the other hand, shall have no any duty to advise the Second Lien Collateral Agent or any Second Lien Claimholder other of information known to it or them regarding such condition or any such circumstances or otherwise. In the event that either the First Lien Collateral ABL Agent or any of the First Lien ABL Secured Parties, on the one hand, or the Collateral Agent and the Note Claimholders, in its or their sole discretionon the other hand, undertakes at any time or from time to time to provide any such information to any of the Second Lien Collateral Agent or others (and the Company and each Grantor hereby consents to any Second Lien Claimholdersuch provision of information), it or they shall be under no obligation: (a) to make, and the First Lien Collateral Agent and the First Lien Claimholders shall not make, any express or implied representation or warranty, including with respect to the accuracy, completeness, truthfulness or validity of any such information so provided; (b) to provide any additional information or to provide any such information on any subsequent occasion; (c) to undertake any investigation; or (d) to disclose any information, which pursuant to accepted or reasonable commercial finance practices, such party wishes to maintain confidential or is otherwise required to maintain confidential.

Information Concerning Financial Condition of the Company and its Subsidiaries. The First Lien Collateral Agent and the First Lien Claimholders, on the one hand, and the Second Lien Claimholders and the Second Lien Collateral Agent, on the other hand, shall each be responsible for keeping themselves informed of (a) the financial condition of the Company and its Subsidiaries the Guarantors and all endorsers and/or guarantors of the First Lien Obligations or the Second Lien Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the First Lien Obligations or the Second Lien Obligations. The First Lien Collateral Agent and the First Lien Claimholders shall have no duty to advise the Second Lien Collateral Agent or any Second Lien Claimholder of information known to it or them regarding such condition or any such circumstances or otherwise. In the event the First Lien Collateral Agent or any of the First Lien Claimholders, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to the Second Lien Collateral Agent or any Second Lien Claimholder, it or they shall be under no obligation: (a) to make, and the First Lien Collateral Agent and the First Lien Claimholders shall not make, any express or implied representation or warranty, including with respect to the accuracy, completeness, truthfulness or validity of any such information so provided; (b) to provide any additional information or to provide any such information on any subsequent occasion; (c) to undertake any investigation; or (d) to disclose any information, which pursuant to accepted or reasonable commercial finance practices, such party wishes to maintain confidential or is otherwise required to maintain confidential.

Information Concerning Financial Condition of the Company and its Subsidiaries. The First Lien Collateral Administrative Agent and the First Lien Claimholders, on the one hand, and the Second Lien Claimholders and the Second Lien Collateral Agent, on the other hand, shall each be responsible for keeping themselves informed of (a) the financial condition of the Company and its Subsidiaries and all endorsers and/or guarantors of the First Lien Obligations or the Second Lien Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the First Lien Obligations or the Second Lien Obligations. The First Lien Collateral Administrative Agent and the First Lien Claimholders shall have no duty to advise the Second Lien Collateral Agent or any Second Lien Claimholder of information known to it or them regarding such condition or any such circumstances or otherwise. In the event the First Lien Collateral Administrative Agent or any of the First Lien Claimholders, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to the Second Lien Collateral Agent or any Second Lien Claimholder, it or they shall be under no obligation: obligation (aw) to make, and the First Lien Collateral Administrative Agent and the First Lien Claimholders shall not make, any express or implied representation or warranty, including with respect to the accuracy, completeness, truthfulness or validity of any such information so provided; , (bx) to provide any additional information or to provide any such information on any subsequent occasion; , (cy) to undertake any investigation; or investigation or (dz) to disclose any informationinformation which, which pursuant to accepted or reasonable commercial finance practices, such party wishes to maintain confidential or is otherwise required to maintain confidential.

Information Concerning Financial Condition of the Company and its Subsidiaries. The First Lien Collateral Agent and the First Lien Claimholders, on the one hand, and the Second Lien Claimholders and the Second Lien Collateral AgentClaimholders, on the other hand, shall each be responsible for keeping themselves informed of (a) the financial condition of the Company and its Subsidiaries subsidiaries and all endorsers and/or guarantors of the First Lien Obligations or the Second Lien Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the First Lien Obligations or the Second Lien Obligations. The Neither the First Lien Collateral Agent and the First Lien Claimholders Claimholders, on the one hand, nor the Collateral Trustee and the Second Lien Claimholders, on the other hand, shall have no any duty to advise the Second Lien Collateral Agent or any Second Lien Claimholder other of information known to it or them regarding such condition or any such circumstances or otherwise. In the event that either the First Lien Collateral Agent or any of the First Lien Claimholders, in its on the one hand, or their sole discretionthe Collateral Trustee or any of the Second Lien Claimholders, on the other hand, undertakes at any time or from time to time to provide any such information to any of the Second Lien Collateral Agent or any Second Lien Claimholderothers, it or they shall be under no obligation: (a) to make, and the First Lien Collateral Agent and the First Lien Claimholders shall not make, any express or implied representation or warranty, including with respect to the accuracy, completeness, truthfulness or validity of any such information so provided; (b) to provide any additional information or to provide any such information on any subsequent occasion; (c) to undertake any investigation; or (d) to disclose any information, which pursuant to accepted or reasonable commercial finance practices, such party wishes to maintain confidential or is otherwise required to maintain confidential.

Information Concerning Financial Condition of the Company and its Subsidiaries. The First Lien Collateral Agent and the First Lien Claimholders, on the one hand, and the Second Lien Claimholders and the Second Lien Collateral Agent, on the other hand, shall each be responsible for keeping themselves informed of (ax) the financial condition of the Company and its Subsidiaries and all endorsers and/or guarantors of the First Lien Obligations or the Second Lien Obligations and (by) all other circumstances bearing upon the risk of nonpayment of the First Lien Obligations or the Second Lien Obligations. The First Lien Collateral Agent and the First Lien Claimholders shall have no duty to advise the Second Lien Collateral Agent or any Second Lien Claimholder of information known to it or them regarding such condition or any such circumstances or otherwise. In the event the First Lien Collateral Agent or any of the First Lien Claimholders, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to the Second Lien Collateral Agent or any Second Lien Claimholder, it or they shall be under no obligation: (a) to make, and the First Lien Collateral Agent and the First Lien Claimholders shall not make, any express or implied representation or warranty, including with respect to the accuracy, completeness, truthfulness or validity of any such information so provided; (b) to provide any additional information or to provide any such information on any subsequent occasion; (c) to undertake any investigation; or (d) to disclose any information, which pursuant to accepted or reasonable commercial finance practices, such party wishes to maintain confidential or is otherwise required to maintain confidential.

Information Concerning Financial Condition of the Company and its Subsidiaries. The First Lien Collateral Agent and the First Lien Claimholders, on the one hand, and the Second Lien Claimholders and the Second Lien Collateral Agent, on the other hand, shall each be responsible for keeping themselves informed of (a) the financial condition of the Company and its Subsidiaries and all endorsers and/or guarantors of the First Lien Obligations or the Second Lien Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the First Lien Obligations or the Second Lien Obligations. The First Lien Collateral Agent and the First Lien Claimholders Claimholders, on the one hand, and the Second Lien Collateral Agent and the Second Lien Claimholders, on the other hand, shall have no duty to advise the Second Lien Collateral Agent or any Second Lien Claimholder Claimholder, on the one hand, or the First Lien Collateral Agent or any First Lien Claimholder, on the other hand, of information known to it or them regarding such condition or any such circumstances or otherwise. In the event the First Lien Collateral Agent, any of the other First Lien Claimholders, the Second Lien Collateral Agent or any of the First other Second Lien Claimholders, Claimholders in its or their sole discretion, undertakes at any time or from time to time to provide any such information to the Second Lien Collateral Agent, any Second Lien Claimholder, the First Lien Collateral Agent or any Second First Lien Claimholder, it or they shall be under no obligation: (a) to make, and the First Lien Collateral Agent and the First Lien Claimholders or the Second Lien Collateral Agent and the Second Lien Claimholders, as applicable, shall not make, any express or implied representation or warranty, including with respect to the accuracy, completeness, truthfulness or validity of any such information so provided; (b) to provide any additional information or to provide any such information on any subsequent occasion; (c) to undertake any investigation; or (d) to disclose any information, which pursuant to accepted or reasonable commercial finance practices, such party wishes to maintain confidential or is otherwise required to maintain confidential. Notwithstanding any provision herein to the contrary, the First Lien Collateral Agent and the Second Lien Collateral Agent shall each endeavor to promptly provide (i) upon request of the other party, information and particulars as to the amounts owing by the Company in respect of the First Lien Obligations and Second Lien Obligations, respectively, and (ii) to the other party, copies of any written waivers of any events of default granted pursuant to their respective loan documents and copies of all amendments to their respective loan documents; provided, however, that the failure to provide such information or copies of such instruments shall not affect the validity or enforceability of such instruments or give rise to any claim against such Person.

Information Concerning Financial Condition of the Company and its Subsidiaries. The First Lien Collateral Agent and the First Lien ClaimholdersSecured Parties, on the one hand, and the Second Lien Claimholders Secured Parties and the Second Lien Collateral Agent, on the other hand, shall each be responsible for keeping themselves informed of (a) the financial condition of the Company and its Subsidiaries and all endorsers and/or guarantors of the First Lien Obligations or the Second Lien Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the First Lien Obligations or the Second Lien Obligations. The First Lien Collateral Agent and the First Lien Claimholders Secured Parties shall have no duty to advise the Second Lien Collateral Agent or any Second Lien Claimholder Secured Party of information known to it or them regarding such condition or any such circumstances or otherwise. In the event the First Lien Collateral Agent or any of the First Lien ClaimholdersSecured Parties, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to the Second Lien Collateral Agent or any Second Lien ClaimholderSecured Party, it or they shall be under no obligation: obligation (aw) to make, and the First Lien Collateral Agent and the First Lien Claimholders Secured Parties shall not make, any express or implied representation or warranty, including with respect to the accuracy, completeness, truthfulness or validity of any such information so provided; , (bx) to provide any additional information or to provide any such information on any subsequent occasion; , (cy) to undertake any investigation; or investigation or (dz) to disclose any informationinformation which, which pursuant to accepted or reasonable commercial finance practices, such party wishes to maintain confidential or is otherwise required to maintain confidential.

Information Concerning Financial Condition of the Company and its Subsidiaries. The First First-Lien Collateral Security Agent and the First First-Lien ClaimholdersSecured Parties, on the one handSecond-Lien Security Agent and the Second-Lien Secured Parties, and the Second Lien Claimholders ABL Agent and the Second Lien Collateral Agent, on the other handABL Secured Parties, shall each separately be responsible for keeping themselves informed of (a) the financial condition of the Company and its Subsidiaries and all endorsers and/or guarantors of the First First-Lien Obligations, the Second-Lien Obligations or the Second Lien ABL Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the First ABL Obligations, the First-Lien Obligations or the Second Second-Lien Obligations. The First Lien Collateral No Security Agent and the First Lien Claimholders or its respective Secured Parties shall have no any duty to advise the Second Lien Collateral any other Security Agent or any Second Lien Claimholder that other Security Agent’s respective Secured Parties of information known to it or them regarding such condition or any such circumstances or otherwise. In the event that any of the First First-Lien Collateral Security Agent or any of the First First-Lien ClaimholdersSecured Parties, the Second-Lien Security Agent or any of the Second-Lien Secured Parties, or the ABL Agent or any of the ABL Secured Parties, respectively, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to the Second Lien Collateral Agent or any Second Lien Claimholderother party hereto, it or they shall be under no obligation: obligation (aw) to make, and the First Lien Collateral Agent and the First Lien Claimholders such informing party shall not make, any express or implied representation or warranty, including with respect to the accuracy, completeness, truthfulness or validity of any such information so provided; , (bx) to provide any additional information or to provide any such information on any subsequent occasion; , (cy) to undertake any investigation; or investigation or (dz) to disclose any informationinformation which, which pursuant to accepted or reasonable commercial finance practices, such party wishes to maintain confidential or is otherwise required to maintain confidential.

Information Concerning Financial Condition of the Company and its Subsidiaries. The First Lien Collateral Agent and the First Lien Claimholders, on the one hand, and the Second Parity Lien Claimholders Collateral Agent and the Second Parity Lien Collateral AgentClaimholders, on the other hand, shall each be responsible for keeping themselves informed of (a) the financial condition of the Company and its Subsidiaries and all endorsers and/or guarantors of the First Lien Obligations or the Second Parity Lien Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the First Lien Obligations or the Second Parity Lien Obligations. The First Lien Collateral Agent and the First Lien Claimholders shall have no duty to advise the Second Parity Lien Collateral Agent or any Second Parity Lien Claimholder of information known to it or them regarding such condition or any such circumstances or otherwise. In the event the First Lien Collateral Agent or any of the First Lien Claimholders, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to the Second Parity Lien Collateral Agent or any Second Parity Lien Claimholder, it or they shall be under no obligation: (a) to make, and the First Lien Collateral Agent and the First Lien Claimholders shall not make, any express or implied representation or warranty, including with respect to the accuracy, completeness, truthfulness or validity of any such information so provided; (b) to provide any additional information or to provide any such information on any subsequent occasion; (c) to undertake any investigation; or (d) to disclose any information, which pursuant to accepted or reasonable commercial finance practices, such party wishes to maintain confidential or is otherwise required to maintain confidential.

Information Concerning Financial Condition of the Company and its Subsidiaries. The First Lien Collateral Agent and the First Lien Claimholders, on the one hand, and the Second Lien Claimholders and the Second Lien Collateral Agent, on the other hand, shall each be responsible for keeping themselves informed of (a) the financial condition of the Company and its Subsidiaries and all endorsers and/or guarantors of the First Lien Obligations or the Second Lien Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the First Lien Obligations or the Second Lien Obligations. The First Lien Collateral Agent and the First Lien Claimholders shall have no duty to advise the Second Lien Collateral Agent or any Second Lien Claimholder of information known to it or them regarding such condition or any such circumstances or otherwise. In the event the First Lien Collateral Agent or any of the other First Lien Claimholders, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to the Second Lien Collateral Agent or any Second Lien Claimholder, it or they shall be under no obligation: (a) to make, and the First Lien Collateral Agent and the First Lien Claimholders shall not make, any express or implied representation or warranty, including with respect to the accuracy, completeness, truthfulness or validity of any such information so provided; (b) to provide any additional information or to provide any such information on any subsequent occasion; (c) to undertake any investigation; or (d) to disclose any information, which pursuant to accepted or reasonable commercial finance practices, such party wishes to maintain confidential or is otherwise required to maintain confidential.