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 Working Capital Facility Collateral Agent and the Working Capital Facility Lenders, in the first instance, the Notes Collateral Agent and the Noteholders, in the second instance, and the Pari Passu Collateral Agent and the Pari Passu Lenders, in the third instance, shall each be responsible for keeping themselves informed of (a) the financial condition of the Company and its subsidiaries and all Obligors in respect of the Working Capital Facility Obligations or the Notes Obligations or the Pari Passu Obligations, as the case may be, and (b) all other circumstances bearing upon the risk of nonpayment of the Working Capital Facility Obligations, the Notes Obligations or the Pari Passu Obligations. The Working Capital Facility Collateral Agent and the Working Capital Facility Lenders and the Interim Notes Collateral Agent and the Interim Notes Noteholders each shall have no duty to advise any other Secured Party of information known to it or them regarding such condition or any such circumstances or otherwise. In the event the Working Capital Facility Collateral Agent or any of the Working Capital Facility Lenders, or the Interim Notes Collateral Agent or any of the Interim Notes Noteholders, in each case in its or their sole discretion, undertakes at any time or from time to time to provide any such information to any other Secured Party, it or they shall be under no obligation (i) to provide any additional information or to provide any such information on any subsequent occasion, (ii) to undertake any investigation or (iii) to disclose any information which, pursuant to accepted or reasonable commercial finance practices, such party wishes to maintain confidential, so long as the failure to disclose such information will not render information which was disclosed materially misleading. None of the Senior Subordinated Secured Parties shall have a duty to advise the Working Capital Facility Collateral Agent or any Working Capital Facility Lender or any other Secured Party of information known to it or them regarding such condition or any such circumstances or otherwise. In the event any Junior Secured Party, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to the Working Capital Facility Collateral Agent or any Working Capital Facility Lender, it or they shall be under no obligation (i) to provide any additional information or to provide any such information on any subsequent occasion, (ii) to undertake any investigation or (iii) to disclose any information which, pursuant to accepted or reasonable commercial finance practices, such party wishes to maintain confidential, so long as the failure to disclose such information will not render information which was disclosed materially misleading.

Information Concerning Financial Condition of the Company and its Subsidiaries. The Working Capital Facility Collateral Agent and the Working Capital Facility Lenders, in the first instance, the Notes Collateral Agent and the Noteholders, in the second instance, and the Pari Passu Collateral Agent and the Pari Passu Lenders, in the third instance, shall each be responsible for keeping themselves informed of (a) the financial condition of the Company and its subsidiaries and all Obligors in respect of the Working Capital Facility Obligations or the Notes Obligations or the Pari Passu Obligations, as the case may be, and (b) all other circumstances bearing upon the risk of nonpayment of the Working Capital Facility Obligations, the Notes Obligations or the Pari Passu Obligations. The Working Capital Facility Collateral Agent and the Working Capital Facility Lenders and the Interim Notes Collateral Agent and the Interim Notes Noteholders each shall have no duty to advise any other Secured Party of information known to it or them regarding such condition or any such circumstances or otherwise. In the event the Working Capital Facility Collateral Agent or any of the Working Capital Facility Lenders, or the Interim Notes Collateral Agent or any of the the Interim Notes Noteholders, in each case in its or their sole discretion, undertakes at any time or from time to time to provide any such information to any other Secured Party, it or they shall be under no obligation (i) to provide any additional information or to provide any such information on any subsequent occasion, (ii) to undertake any investigation or (iii) to disclose any information which, pursuant to accepted or reasonable commercial finance practices, such party wishes to maintain confidential, so long as the failure to disclose such information will not render information which was disclosed materially misleading. None of the Senior Subordinated Secured Parties shall have a duty to advise the Working Capital Facility Collateral Agent or any Working Capital Facility Lender or any other Secured Party of information known to it or them regarding such condition or any such circumstances or otherwise. In the event any Junior Secured Party, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to the Working Capital Facility Collateral Agent or any Working Capital Facility Lender, it or they shall be under no obligation (i) to provide any additional information or to provide any such information on any subsequent occasion, (ii) to undertake any investigation or (iii) to disclose any information which, pursuant to accepted or reasonable commercial finance practices, such party wishes to maintain confidential, so long as the failure to disclose such information will not render information which was disclosed materially misleading.

Information Concerning Financial Condition of the Company and its Subsidiaries. The Working Capital Facility Senior Lien Representatives, the Senior Lien Collateral Agent Agents and the Working Capital Facility LendersSenior Lien Claimholders, in on the first instance, the Notes Collateral Agent and the Noteholders, in the second instanceone hand, and the Pari Passu Collateral Agent and holders of the Pari Passu LendersJunior Lien Obligations, in on the third instanceother hand, shall each be responsible for keeping themselves informed of (a) the financial condition of the Company and its subsidiaries Subsidiaries and all Obligors in respect any endorsers or guarantors of the Working Capital Facility Senior Lien Obligations or the Notes Junior Lien Obligations or the Pari Passu Obligations, as the case may be, and (b) all other circumstances bearing upon the risk of nonpayment of the Working Capital Facility Obligations, the Notes Senior Lien Obligations or the Pari Passu Junior Lien Obligations. The Working Capital Facility Senior Lien Representatives, the Senior Lien Collateral Agent Agents and the Working Capital Facility Lenders other Senior Lien Claimholders, on the one hand, and the Interim Notes Junior Lien Representatives, the Junior Lien Collateral Agent Agents and any other Junior Lien Claimholder, on the Interim Notes Noteholders each other hand, shall have no duty to advise any other Secured Party of information known to it or them regarding such condition or any such circumstances or otherwise. In the event the Working Capital Facility Collateral Agent or any of the Working Capital Facility Lenders, or the Interim Notes Collateral Agent or any of the Interim Notes Noteholders, in each case in its or their sole discretion, undertakes at any time or from time to time to provide any such information to any other Secured Party, it or they shall be under no obligation (i) to provide any additional information or to provide any such information on any subsequent occasion, (ii) to undertake any investigation or (iii) to disclose any information which, pursuant to accepted or reasonable commercial finance practices, such party wishes to maintain confidential, so long as the failure to disclose such information will not render information which was disclosed materially misleading. None of the Senior Subordinated Secured Parties shall have a duty to advise the Working Capital Facility Collateral Agent or any Working Capital Facility Lender or any other Secured Party of information known to it or them regarding such condition or any such circumstances or otherwise. In the event any Junior Secured PartyClaimholder, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to the Working Capital Facility Collateral Agent or any Working Capital Facility Lenderother Claimholder, it or they shall be under no obligation obligation: (ia) to make, and such Claimholder 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, ; (iic) to undertake any investigation or investigation; or (iiid) to disclose any information whichinformation, which pursuant to accepted or reasonable commercial finance practices, such party wishes to maintain confidential or is otherwise required to maintain confidential, so long as the failure to disclose such information will not render information which was disclosed materially misleading.

Information Concerning Financial Condition of the Company and its Subsidiaries. The Working Capital Facility Term Collateral Agent and the Working Capital Facility LendersTerm Secured Parties, in the first instance, ABL Collateral Agent and the ABL Secured Parties and the Notes Collateral Agent and the Noteholders, in the second instance, and the Pari Passu Collateral Agent and the Pari Passu Lenders, in the third instanceNotes Secured Parties, shall each be responsible for keeping themselves informed of (a) the financial condition of the Company and its subsidiaries Subsidiaries and all Obligors in respect endorsers and/or guarantors of the Working Capital Facility Term Obligations, the ABL Obligations or the Notes Obligations or the Pari Passu Obligations, as the case may be, and (b) all other circumstances bearing upon the risk of nonpayment of the Working Capital Facility ABL Obligations, the Notes Term Obligations or the Pari Passu Notes Obligations. The Working Capital Facility Term Collateral Agent and the Working Capital Facility Lenders and the Interim Notes Collateral Agent and the Interim Notes Noteholders each Term Secured Parties shall have no duty to advise the ABL Collateral Agent, any other ABL Secured Party Parties, the Notes Collateral Agent or any Notes Secured Parties of information known to it or them regarding such condition or any such circumstances or otherwise. The ABL Collateral Agent and ABL Secured Parties shall have no duty to advise the Term Collateral Agent, any Term Secured Parties, the Notes Collateral Agent or any Notes Secured Parties of information known to it or them regarding such condition or any such circumstances or otherwise. The Notes Collateral Agent and Notes Secured Parties shall have no duty to advise the Term Collateral Agent, any Term Secured Parties, the ABL Collateral Agent or any ABL Secured Parties of information known to it or them regarding such condition or any such circumstances or otherwise. In the event the Working Capital Facility Collateral Agent or that any of the Working Capital Facility LendersTerm Collateral Agent, or any of the Interim Term Secured Parties, the ABL Collateral Agent, any of the ABL Secured Parties, the Notes Collateral Agent or any of the Interim Notes NoteholdersSecured Parties, in each case in its or their sole discretion, undertakes at any time or from time to time to provide any such information to any other Secured Partyparty hereto, it or they shall be under no obligation (iw) to make, and 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, (x) to provide any additional information or to provide any such information on any subsequent occasion, (iiy) to undertake any investigation or (iiiz) to disclose any information which, pursuant to accepted or reasonable commercial finance practices, such party wishes to maintain confidential, so long as the failure to disclose such information will not render information which was disclosed materially misleading. None of the Senior Subordinated Secured Parties shall have a duty to advise the Working Capital Facility Collateral Agent confidential or any Working Capital Facility Lender or any other Secured Party of information known to it or them regarding such condition or any such circumstances or otherwise. In the event any Junior Secured Party, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to the Working Capital Facility Collateral Agent or any Working Capital Facility Lender, it or they shall be under no obligation (i) to provide any additional information or to provide any such information on any subsequent occasion, (ii) to undertake any investigation or (iii) to disclose any information which, pursuant to accepted or reasonable commercial finance practices, such party wishes is otherwise required to maintain confidential, so long as the failure to disclose such information will not render information which was disclosed materially misleading.

Information Concerning Financial Condition of the Company and its Subsidiaries. (a) The Working Capital Facility Collateral North America ABL Agent and the Working Capital Facility Lendersother North America ABL Claimholders, in on the first instanceone hand, and the Notes Pari Passu Lien Claimholders and the Notes Collateral Agent and Trustee, on the Noteholders, in the second instance, and the Pari Passu Collateral Agent and the Pari Passu Lenders, in the third instanceother hand, shall each not be responsible for keeping themselves any other party informed of (ai) the financial condition of the Company and its subsidiaries Subsidiaries and all Obligors in respect endorsers and/or guarantors of the Working Capital Facility North America ABL Obligations, the Excess North America ABL Obligations or the Notes Obligations or the Pari Passu Obligations, as the case may be, Lien Obligations and (bii) all other circumstances bearing upon the risk of nonpayment of the Working Capital Facility North America ABL Obligations, the Notes Excess North America ABL Obligations or the Notes Pari Passu Lien Obligations. The Working Capital Facility Collateral North America ABL Agent and the Working Capital Facility Lenders and the Interim Notes Collateral Agent and the Interim Notes Noteholders each other North America ABL Claimholders shall have no duty to advise the Notes Collateral Trustee or any other Secured Party Notes Claimholder of information known to it or them regarding such condition or any such circumstances or otherwise. In the event the Working Capital Facility Collateral Agent or any of the Working Capital Facility Lenders, or the Interim The Notes Collateral Agent or any of Trustee and the Interim other Notes Noteholders, in each case in its or their sole discretion, undertakes at any time or from time to time to provide any such information to any other Secured Party, it or they shall be under no obligation (i) to provide any additional information or to provide any such information on any subsequent occasion, (ii) to undertake any investigation or (iii) to disclose any information which, pursuant to accepted or reasonable commercial finance practices, such party wishes to maintain confidential, so long as the failure to disclose such information will not render information which was disclosed materially misleading. None of the Senior Subordinated Secured Parties Pari Passu Lien Claimholders shall have a no duty to advise the Working Capital Facility Collateral North America ABL Agent or any Working Capital Facility Lender or any other Secured Party North America ABL Claimholder of information known to it or them regarding such condition or any such circumstances or otherwise. . (b) In the event the North America ABL Agent or any Junior Secured Partyof the other North America ABL Claimholders, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to the Working Capital Facility Notes Collateral Agent Trustee or any Working Capital Facility Lenderother Notes Claimholder, it or they shall be under no obligation obligation: (i) to make, and the North America ABL Agent and the other North America ABL 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, ; (iiiii) to undertake any investigation or investigation; or (iiiiv) to disclose any information whichinformation, which pursuant to accepted or reasonable commercial finance practices, such party wishes to maintain confidential or is otherwise required to maintain confidential. (c) In the event the Notes Collateral Trustee or any of the other Notes Pari Passu Lien Claimholders, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to the North America ABL Agent or any other North America ABL Claimholder, it or they shall be under no obligation: (i) to make, and the Notes Collateral Trustee and the other Notes Pari Passu 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 long as the failure 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 information will not render information which was disclosed materially misleadingparty wishes to maintain confidential or is otherwise required to maintain confidential.

Information Concerning Financial Condition of the Company and its Subsidiaries. (a) The Working Capital Facility ABL Collateral Agent Agents and the Working Capital Facility LendersABL Claimholders, in on the first instance, the Notes Collateral Agent and the Noteholders, in the second instanceone hand, and the Pari Passu Collateral Agent Fixed Asset Claimholders and the Pari Passu LendersFixed Asset Collateral Agents, in on the third instanceother hand, shall each be responsible for keeping themselves informed of (ai) the financial condition of the Company and its subsidiaries Subsidiaries and all Obligors in respect endorsers and/or guarantors of the Working Capital Facility ABL Obligations or the Notes Fixed Asset Obligations or the Pari Passu Obligations, as the case may be, and (bii) all other circumstances bearing upon the risk of nonpayment of the Working Capital Facility Obligations, the Notes ABL Obligations or the Pari Passu Fixed Asset Obligations. The Working Capital Facility ABL Collateral Agent Agents and the Working Capital Facility Lenders and the Interim Notes Collateral Agent and the Interim Notes Noteholders each ABL Claimholders shall have no duty to advise the Fixed Asset Collateral Agents or any other Secured Party Fixed Asset Claimholder of information known to it or them regarding such condition or any such circumstances or otherwise. The Fixed Asset Collateral Agents and the Fixed Asset Claimholders shall have no duty to advise the ABL Collateral Agents or any ABL Claimholder of information known to it or them regarding such condition or any such circumstances or otherwise. (b) In the event the Working Capital Facility any ABL Collateral Agent or any of the Working Capital Facility LendersABL Claimholders, or the Interim Notes Collateral Agent or any of the Interim Notes Noteholders, in each case in its or their sole discretion, undertakes at any time or from time to time to provide any such information to any other Secured PartyFixed Asset Collateral Agent or any Fixed Asset Claimholder, it or they shall be under no obligation obligation: (i) to make, and the ABL Collateral Agents and the ABL 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, ; (iiiii) to undertake any investigation or investigation; or (iiiiv) to disclose any information whichinformation, which pursuant to accepted or reasonable commercial finance practices, such party wishes to maintain confidential or is otherwise required to maintain confidential, so long as . (c) In the failure to disclose such information will not render information which was disclosed materially misleading. None of the Senior Subordinated Secured Parties shall have a duty to advise the Working Capital Facility event any Fixed Asset Collateral Agent or any Working Capital Facility Lender or any other Secured Party of information known to it or them regarding such condition or any such circumstances or otherwise. In the event any Junior Secured PartyFixed Asset Claimholders, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to the Working Capital Facility any ABL Collateral Agent or any Working Capital Facility LenderABL Claimholder, it or they shall be under no obligation obligation: (i) to make, and the Fixed Asset Collateral Agents and the Fixed Asset 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, ; (iiiii) to undertake any investigation or investigation; or (iiiiv) to disclose any information whichinformation, which pursuant to accepted or reasonable commercial finance practices, such party wishes to maintain confidential or is otherwise required to maintain confidential, so long as the failure to disclose such information will not render information which was disclosed materially misleading.

Information Concerning Financial Condition of the Company and its Subsidiaries. The Working Capital Facility Collateral (a) ABL Agent and the Working Capital Facility LendersABL Claimholders, in on the first instance, the Notes Collateral Agent and the Noteholders, in the second instanceone hand, and the Pari Passu Collateral Agent and Note Claimholders, on the Pari Passu Lenders, in the third instanceother hand, shall each be responsible for keeping themselves informed of (ai) the financial condition of the Company and its subsidiaries Subsidiaries and all Obligors in respect endorsers and/or guarantors of the Working Capital Facility ABL Obligations, the Excess ABL Obligations, the Note Obligations or the Notes Excess Note Obligations or the Pari Passu Obligations, as the case may be, and (bii) all other circumstances bearing upon the risk of nonpayment of the Working Capital Facility ABL Obligations, the Notes Excess ABL Obligations, the Note Obligations or the Pari Passu Excess Note Obligations. The Working Capital Facility Collateral ABL Agent and the Working Capital Facility Lenders and the Interim Notes Collateral Agent and the Interim Notes Noteholders each ABL Claimholders shall have no duty to advise Note Security Agent or any other Secured Party Note Claimholder of information known to it or them regarding such condition or any such circumstances or otherwise. In Note Security Agent and the event the Working Capital Facility Collateral Note Claimholders shall have no duty to advise ABL Agent or any of the Working Capital Facility Lenders, or the Interim Notes Collateral Agent or any of the Interim Notes Noteholders, in each case in its or their sole discretion, undertakes at any time or from time to time to provide any such information to any other Secured Party, it or they shall be under no obligation (i) to provide any additional information or to provide any such information on any subsequent occasion, (ii) to undertake any investigation or (iii) to disclose any information which, pursuant to accepted or reasonable commercial finance practices, such party wishes to maintain confidential, so long as the failure to disclose such information will not render information which was disclosed materially misleading. None of the Senior Subordinated Secured Parties shall have a duty to advise the Working Capital Facility Collateral Agent or any Working Capital Facility Lender or any other Secured Party ABL Claimholder of information known to it or them regarding such condition or any such circumstances or otherwise. . (b) In the event ABL Agent or any Junior Secured Partyof the ABL Claimholders, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to the Working Capital Facility Collateral Note Security Agent or any Working Capital Facility LenderNote Claimholder, it or they shall be under no obligation obligation: (i) to make, and ABL Agent and the ABL 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, ; (iiiii) to undertake any investigation or investigation; or (iiiiv) to disclose any information whichinformation, which pursuant to accepted or reasonable commercial finance practices, such party wishes to maintain confidential or is otherwise required to maintain confidential. (c) In the event Note Security Agent or any of the Note Claimholders, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to ABL Agent or any ABL Claimholder, it or they shall be under no obligation: (i) to make, and Note Security Agent and the Note 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 long as the failure 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 information will not render information which was disclosed materially misleadingparty wishes to maintain confidential or is otherwise required to maintain confidential.

Information Concerning Financial Condition of the Company and its Subsidiaries. The Working Capital Facility Credit Agreement Collateral Agent and the Working Capital Facility LendersCredit Agreement Claimholders, in on the first instance, the Notes Collateral Agent and the Noteholders, in the second instanceone hand, and the Pari Passu Collateral Agent Tranche Claimholders and the Pari Passu LendersTranche Collateral Agent, in on the third instanceother hand, shall each be responsible for keeping themselves informed of (a) the financial condition of the Company and its subsidiaries Subsidiaries and all Obligors in respect endorsers and/or guarantors of the Working Capital Facility Obligations or the Notes Credit Agreement Obligations or the Pari Passu Obligations, as the case may be, Tranche Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the Working Capital Facility Obligations, the Notes Credit Agreement Obligations or the Pari Passu Tranche Obligations. The Working Capital Facility Credit Agreement Collateral Agent and the Working Capital Facility Lenders and the Interim Notes Collateral Agent and the Interim Notes Noteholders each Credit Agreement Claimholders shall have no duty to advise the Pari Tranche Collateral Agent or any other Secured Party Pari Tranche Claimholder of information known to it or them regarding such condition or any such circumstances or otherwise. In the event the Working Capital Facility Credit Agreement Collateral Agent or any of the Working Capital Facility Lenders, or the Interim Notes Collateral Agent or any of the Interim Notes Noteholders, in each case in its or their sole discretion, undertakes at any time or from time to time to provide any such information to any other Secured Party, it or they shall be under no obligation (i) to provide any additional information or to provide any such information on any subsequent occasion, (ii) to undertake any investigation or (iii) to disclose any information which, pursuant to accepted or reasonable commercial finance practices, such party wishes to maintain confidential, so long as the failure to disclose such information will not render information which was disclosed materially misleading. None of the Senior Subordinated Secured Parties shall have a duty to advise the Working Capital Facility Collateral Agent or any Working Capital Facility Lender or any other Secured Party of information known to it or them regarding such condition or any such circumstances or otherwise. In the event any Junior Secured PartyCredit Agreement Claimholders, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to the Working Capital Facility Pari Tranche Collateral Agent or any Working Capital Facility LenderPari Tranche Claimholder, it or they shall be under no obligation obligation: (ia) to make, and the Credit Agreement Collateral Agent and the 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; (b) to provide any additional information or to provide any such information on any subsequent occasion, ; (iic) to undertake any investigation or investigation; or (iiid) to disclose any information whichinformation, which pursuant to accepted or reasonable commercial finance practices, such party wishes to maintain confidential or is otherwise required to maintain confidential, so long as the failure to disclose such information will not render information which was disclosed materially misleading.

Information Concerning Financial Condition of the Company and its Subsidiaries. The Working Capital Term Loan Collateral Agents, the Term Loan Secured Parties, the Junior Priority Secured Parties, the ABL Facility Collateral Agent and the Working Capital ABL Facility Lenders, in the first instance, the Notes Collateral Agent and the Noteholders, in the second instance, and the Pari Passu Collateral Agent and the Pari Passu Lenders, in the third instanceSecured Parties, shall each be responsible for keeping themselves informed of (a) the financial condition of Holdings, the Company and its subsidiaries Subsidiaries and all Obligors in respect endorsers and/or Grantors of the Working Capital Term Loan Obligations, the Junior Priority Obligations and the ABL Facility Obligations or the Notes Obligations or the Pari Passu Obligations, as the case may be, and (b) all other circumstances bearing upon the risk of nonpayment of the Working Capital ABL Facility Obligations, the Notes Term Loan Obligations or the Pari Passu Junior Priority Obligations. The Working Capital Facility No Collateral Agent and the Working Capital Facility Lenders and the Interim Notes Collateral Agent and the Interim Notes Noteholders each or its respective Secured Parties shall have no any duty to advise any the other Collateral Agents or their respective Secured Party Parties of information known to it or them regarding such condition or any such circumstances or otherwise. In the event that any Term Loan Collateral Agent or any of the Working Capital Term Loan Secured Parties, or any of the Junior Priority Secured Parties or the ABL Facility Collateral Agent or any of the Working Capital ABL Facility LendersSecured Parties, or the Interim Notes Collateral Agent or any of the Interim Notes Noteholders, in each case in its or their sole discretion, undertakes at any time or from time to time to provide any such information to any other Secured Partyparty hereto, it or they shall be under no obligation (iw) to make, and 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, (x) to provide any additional information or to provide any such information on any subsequent occasion, (iiy) to undertake any investigation or (iiiz) to disclose any information which, pursuant to accepted or reasonable commercial finance practices, such party wishes to maintain confidential, so long as the failure to disclose such information will not render information which was disclosed materially misleading. None of the Senior Subordinated Secured Parties shall have a duty to advise the Working Capital Facility Collateral Agent confidential or any Working Capital Facility Lender or any other Secured Party of information known to it or them regarding such condition or any such circumstances or otherwise. In the event any Junior Secured Party, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to the Working Capital Facility Collateral Agent or any Working Capital Facility Lender, it or they shall be under no obligation (i) to provide any additional information or to provide any such information on any subsequent occasion, (ii) to undertake any investigation or (iii) to disclose any information which, pursuant to accepted or reasonable commercial finance practices, such party wishes is otherwise required to maintain confidential, so long as the failure to disclose such information will not render information which was disclosed materially misleading.

Information Concerning Financial Condition of the Company and its Subsidiaries. (a) The Working Capital Facility Collateral ABL Agent and the Working Capital Facility LendersABL Claimholders, in on the first instance, the Notes Collateral Agent and the Noteholders, in the second instanceone hand, and the Pari Passu Collateral Agent Term Claimholders and the Pari Passu LendersTerm Agent, in on the third instanceother hand, shall each be responsible for keeping themselves informed of (ai) the financial condition of the Company and its subsidiaries Subsidiaries and all Obligors in respect endorsers and/or guarantors of the Working Capital Facility ABL Obligations, the Excess ABL Obligations, the Term Obligations or the Notes Excess Term Obligations or the Pari Passu Obligations, as the case may be, and (bii) all other circumstances bearing upon the risk of nonpayment of the Working Capital Facility ABL Obligations, the Notes Excess ABL Obligations, the Term Obligations or the Pari Passu Excess Term Obligations. The Working Capital Facility Collateral ABL Agent and the Working Capital Facility Lenders and the Interim Notes Collateral Agent and the Interim Notes Noteholders each ABL Claimholders shall have no duty to advise the Term Agent or any other Secured Party Term Claimholder of information known to it or them regarding such condition or any such circumstances or otherwise. In The Term Agent and the event the Working Capital Facility Collateral Agent or any of the Working Capital Facility Lenders, or the Interim Notes Collateral Agent or any of the Interim Notes Noteholders, in each case in its or their sole discretion, undertakes at any time or from time to time to provide any such information to any other Secured Party, it or they shall be under no obligation (i) to provide any additional information or to provide any such information on any subsequent occasion, (ii) to undertake any investigation or (iii) to disclose any information which, pursuant to accepted or reasonable commercial finance practices, such party wishes to maintain confidential, so long as the failure to disclose such information will not render information which was disclosed materially misleading. None of the Senior Subordinated Secured Parties Term Claimholders shall have a no duty to advise the Working Capital Facility Collateral ABL Agent or any Working Capital Facility Lender or any other Secured Party ABL Claimholder of information known to it or them regarding such condition or any such circumstances or otherwise. . (b) In the event the ABL Agent or any Junior Secured Partyof the ABL Claimholders, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to the Working Capital Facility Collateral Term Agent or any Working Capital Facility LenderTerm Claimholder, it or they shall be under no obligation obligation: (i) to make, and the ABL Agent and the ABL 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, ; (iiiii) to undertake any investigation or investigation; or (iiiiv) to disclose any information whichinformation, which pursuant to accepted or reasonable commercial finance practices, such party wishes to maintain confidential or is otherwise required to maintain confidential. (c) In the event the Term Agent or any of the Term Claimholders, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to the ABL Agent or any ABL Claimholder, it or they shall be under no obligation: (i) to make, and the Term Agent and the Term 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 long as the failure 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 information will not render information which was disclosed materially misleadingparty wishes to maintain confidential or is otherwise required to maintain confidential.

Information Concerning Financial Condition of the Company and its Subsidiaries. (a) The Working Capital Facility First Priority Collateral Agent and the Working Capital Facility LendersFirst Priority Claimholders, in on the first instance, the Notes Collateral Agent and the Noteholders, in the second instanceone hand, and the Pari Passu Collateral Agent Second Priority Claimholders and the Pari Passu LendersSecond Priority Collateral Agent, in on the third instanceother hand, shall each be responsible for keeping themselves informed of (ai) the financial condition of the Company and its subsidiaries Subsidiaries and all Obligors in respect endorsers and/or guarantors of the Working Capital Facility First Priority Obligations or the Notes Second Priority Obligations or the Pari Passu Obligations, as the case may be, and (bii) all other circumstances bearing upon the risk of nonpayment of the Working Capital Facility Obligations, the Notes First Priority Obligations or the Pari Passu Second Priority Obligations. ; provided that nothing in this Section 8.4 shall impose any duty on the Second Priority Collateral Agent or the Second Priority Notes Trustee to keep itself informed as to the financial condition of the Company or its Subsidiaries or any risk of non-payment beyond that which may be required by the Second Priority Notes Indenture. (b) The Working Capital Facility First Priority Collateral Agent and the Working Capital Facility Lenders and the Interim Notes Collateral Agent and the Interim Notes Noteholders each First Priority Claimholders shall have no duty to advise the Second Priority Collateral Agent or any other Secured Party Second Priority Claimholder of information known to it or them regarding such condition or any such circumstances or otherwise. In the event the Working Capital Facility First Priority Collateral Agent or any of the Working Capital Facility Lenders, or the Interim Notes Collateral Agent or any of the Interim Notes Noteholders, in each case in its or their sole discretion, undertakes at any time or from time to time to provide any such information to any other Secured Party, it or they shall be under no obligation (i) to provide any additional information or to provide any such information on any subsequent occasion, (ii) to undertake any investigation or (iii) to disclose any information which, pursuant to accepted or reasonable commercial finance practices, such party wishes to maintain confidential, so long as the failure to disclose such information will not render information which was disclosed materially misleading. None of the Senior Subordinated Secured Parties shall have a duty to advise the Working Capital Facility Collateral Agent or any Working Capital Facility Lender or any other Secured Party of information known to it or them regarding such condition or any such circumstances or otherwise. In the event any Junior Secured PartyFirst Priority Claimholders, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to the Working Capital Facility Second Priority Collateral Agent or any Working Capital Facility LenderSecond Priority Claimholder, it or they shall be under no obligation obligation: (i) to make, and the First Priority Collateral Agent and the First Priority 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, ; (iiiii) to undertake any investigation or investigation; or (iiiiv) to disclose any information whichinformation, which pursuant to accepted or reasonable commercial finance practices, such party wishes to maintain confidential or is otherwise required to maintain confidential. DM3\8975843.1 (c) The Second Priority Collateral Agent and the Second Priority Claimholders shall have no duty to advise the First Priority Notes Collateral Agent or any First Priority Claimholder of information known to it or them regarding such condition or any such circumstances or otherwise. In the event the Second Priority Collateral Agent or any of the Second Priority Claimholders, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to the First Priority Collateral Agent or any First Priority Claimholder, it or they shall be under no obligation: (i) to make, and the Second Priority Collateral Agent and the Second Priority 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 long as the failure 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 information will not render information which was disclosed materially misleadingparty wishes to maintain confidential or is otherwise required to maintain confidential.

Information Concerning Financial Condition of the Company and its Subsidiaries. (a) The Working Capital Facility Collateral ABL Agent and the Working Capital Facility LendersABL Claimholders, in on the first instance, the Notes Collateral Agent and the Noteholders, in the second instanceone hand, and the Pari Passu Collateral Agent Term Claimholders and the Pari Passu LendersTerm Agent, in on the third instanceother hand, shall each be responsible for keeping themselves informed of (ai) the financial condition of the Company and its subsidiaries Subsidiaries and all Obligors in respect endorsers and/or guarantors of the Working Capital Facility ABL Obligations or the Notes Term Obligations or the Pari Passu Obligations, as the case may be, and (bii) all other circumstances bearing upon the risk of nonpayment of the Working Capital Facility Obligations, the Notes ABL Obligations or the Pari Passu Term Obligations. The Working Capital Facility Collateral ABL Agent and the Working Capital Facility Lenders and the Interim Notes Collateral Agent and the Interim Notes Noteholders each ABL Claimholders shall have no duty to advise the Term Agent or any other Secured Party Term Claimholder of information known to it or them regarding such condition or any such circumstances or otherwise. In The Term Agent and the event the Working Capital Facility Collateral Agent or any of the Working Capital Facility Lenders, or the Interim Notes Collateral Agent or any of the Interim Notes Noteholders, in each case in its or their sole discretion, undertakes at any time or from time to time to provide any such information to any other Secured Party, it or they shall be under no obligation (i) to provide any additional information or to provide any such information on any subsequent occasion, (ii) to undertake any investigation or (iii) to disclose any information which, pursuant to accepted or reasonable commercial finance practices, such party wishes to maintain confidential, so long as the failure to disclose such information will not render information which was disclosed materially misleading. None of the Senior Subordinated Secured Parties Term Claimholders shall have a no duty to advise the Working Capital Facility Collateral ABL Agent or any Working Capital Facility Lender or any other Secured Party ABL Claimholder of information known to it or them regarding such condition or any such circumstances or otherwise. . (b) In the event the ABL Agent or any Junior Secured Partyof the ABL Claimholders, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to the Working Capital Facility Collateral Term Agent or any Working Capital Facility LenderTerm Claimholder, it or they shall be under no obligation obligation: (i) to make, and the ABL Agent and the ABL 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, ; (iiiii) to undertake any investigation or investigation; or (iiiiv) to disclose any information whichinformation, which pursuant to accepted or reasonable commercial finance practices, such party wishes to maintain confidential or is otherwise required to maintain confidential. (c) In the event the Term Agent or any of the Term Claimholders, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to the ABL Agent or any ABL Claimholder, it or they shall be under no obligation: (i) to make, and the Term Agent and the Term 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 long as the failure 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 information will not render information which was disclosed materially misleadingparty wishes to maintain confidential or is otherwise required to maintain confidential.