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. No First Lien Secured Party shall have any obligation to the Second Lien Agent or any other Second Lien Secured Party to keep the Second Lien Agent or such Second Lien Secured Party informed of, and the Second Lien Agent and the other Second Lien Secured Parties shall not be entitled to rely on the First Lien Agent or any other First Lien Secured Party with respect to, (a) the financial condition of the Company and its subsidiaries and all endorsers, pledgors and/or guarantors of the Second Lien Obligations or the First Lien Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the Second Lien Obligations or the First Lien Obligations. No Second Lien Secured Party shall have any obligation to the First Lien Agent or any other First Lien Secured Party to keep the First Lien Agent or such First Lien Secured Party informed of, and the First Lien Agent and the other First Lien Secured Parties shall not be entitled to rely on the Second Lien Agent or any other Second Lien Secured Party with respect to, (a) the financial condition of the Company and its subsidiaries and all endorsers, pledgors 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 Agent, or any other First Lien Secured Party, or the Second Lien Agent or any other Second Lien Secured Party shall not have any duty to advise any other party hereunder of information known to it or them regarding such condition or any such circumstances or otherwise. In the event that the First Lien Agent, any other First Lien Secured Party, the Second Lien Agent or any other Second Lien Secured Party, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to any other party, it or they shall be under no obligation (w) to make, and none of the First Lien Agent, the other First Lien Secured Parties, the Second Lien Agent or the other Second Lien Secured Parties shall 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, (y) to undertake any investigation or (z) to disclose any information that, 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. No The First Lien Secured Party shall have any obligation to Agent and the Second First Lien Agent or any other Second Lien Secured Party to keep Claimholders, on the Second Lien Agent or such Second Lien Secured Party informed ofone hand, and the Second Lien Agent and the other Second Lien Secured Parties shall not be entitled to rely Claimholders, on the First Lien Agent or any other First Lien Secured Party with respect tohand, shall each be responsible for keeping themselves informed of (a) the financial condition of the Company and its subsidiaries Subsidiaries and all endorsers, pledgors and/or guarantors of the Second Lien Obligations or the First Lien Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the Second Lien Obligations or the First Lien Obligations. No Second Lien Secured Party shall have any obligation to the First Lien Agent or any other First Lien Secured Party to keep the First Lien Agent or such First Lien Secured Party informed of, and the First Lien Agent and the other First Lien Secured Parties shall not be entitled to rely on the Second Lien Agent or any other Second Lien Secured Party with respect to, (a) the financial condition of the Company and its subsidiaries and all endorsers, pledgors 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 Agent, or any other Agent and the First Lien Secured Party, or Claimholders shall have no duty to advise the Second Lien Agent or any other Second Lien Secured Party Claimholder, and the Second Lien Agent and the Second Lien Claimholders shall not have any no duty to advise the First Lien Agent or any other party hereunder First Lien Claimholder, of information known to it or them regarding such condition or any such circumstances or otherwise. In the event that the First Lien Agent, any other First Lien Secured Party, the Second Lien Agent or any other Second of the First Lien Secured PartyClaimholders, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to the Second Lien Agent or any other partySecond Lien Claimholder, it or they shall be under no obligation (w) to make, and none of the First Lien Agent, Agent and the other First Lien Secured Parties, the Second Lien Agent or the other Second Lien Secured Parties Claimholders shall not be deemed to 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, (y) to undertake any investigation or (z) to disclose any information thatwhich such party wishes to maintain confidential or is otherwise required to maintain confidential. In the event the Second Lien 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 Agent or any First Lien Claimholder, it or they shall be under no obligation (w) to make, and the Second Lien 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, (x) to provide any additional information or to provide any such information on any subsequent occasion, (y) to undertake any investigation or (z) 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. No First Lien Obligations Secured Party shall have any obligation to the any Second Lien Agent Obligations Representative or any other Second Lien Obligations Secured Party to keep the such Second Lien Agent Obligations Representative or such Second Lien Obligations Secured Party informed of, and the Second Lien Agent Obligations Representatives and the other Second Lien Obligations Secured Parties shall not be entitled to rely on the any First Lien Agent Obligations Representative or any other First Lien Obligations Secured Party with respect to, (a) the financial condition of the Company and its subsidiaries and all endorsers, pledgors and/or guarantors of the Second Lien Obligations or the First Lien Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the Second Lien Obligations or the First Lien Obligations. No Second Lien Secured Party shall have any obligation to the First Lien Agent or any other First Lien Secured Party to keep the First Lien Agent or such First Lien Secured Party informed of, and the First Lien Agent and the other First Lien Secured Parties shall not be entitled to rely on the Second Lien Agent or any other Second Lien Secured Party with respect to, (a) the financial condition of the Company and its subsidiaries and all endorsers, pledgors 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 AgentRepresentative, or any other First Lien Obligations Secured Party, or the any Second Lien Agent Obligations Representative or any other Second Lien Obligations Secured Party shall not have any duty to advise any other party hereunder of information known to it or them regarding such condition or any such circumstances or otherwise. In the event that the any First Lien AgentObligations Representative, any other First Lien Obligations Secured Party, the any Second Lien Agent Obligations Representative or any other Second Lien Obligations Secured Party, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to any other party, it or they shall be under no obligation (w) to make, and none of the First Lien AgentObligations Representatives, the other First Lien Obligations Secured Parties, the Second Lien Agent Obligations Representatives or the other Second Lien Obligations Secured Parties shall 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, (y) to undertake any investigation or (z) to disclose any information that, 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. No First Lien Secured Party shall have any obligation to None of the Second Lien Agent or Priority Claimholders shall be responsible for keeping any other Second Lien Secured Party to keep of the Second Lien Agent or such Second Lien Secured Party First Priority Claimholders informed of, and none of the First Priority Claimholders shall be responsible for keeping any of the Second Lien Agent and the other Second Lien Secured Parties shall not be entitled to rely on the First Lien Agent or any other First Lien Secured Party with respect toPriority Claimholders informed of, (a) the financial condition of the Company and its subsidiaries Subsidiaries and all endorsers, pledgors and/or guarantors of the Second Lien Obligations or the First Lien Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the Second Lien Obligations or the First Lien Obligations. No Second Lien Secured Party shall have any obligation to the First Lien Agent or any other First Lien Secured Party to keep the First Lien Agent or such First Lien Secured Party informed of, and the First Lien Agent and the other First Lien Secured Parties shall not be entitled to rely on the Second Lien Agent or any other Second Lien Secured Party with respect to, (a) the financial condition of the Company and its subsidiaries and all endorsers, pledgors endorsers and/or guarantors of the First Lien Priority Obligations or the Second Lien Priority Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the First Lien Priority Obligations or the Second Lien Priority Obligations. The First Lien AgentPriority Collateral Trustee and the other First Priority Claimholders shall have no duty to advise the Second Priority Collateral Trustee or any other Second Priority Claimholder, and the Second Priority Collateral Trustee and the other Second Priority Claimholders shall have no duty to advise the First Priority Collateral Trustee or any other First Lien Secured PartyPriority Claimholder, or the Second Lien Agent or any other Second Lien Secured Party shall not have any duty to advise any other party hereunder of information known to it or them regarding such condition or any such circumstances or otherwise. In the event that the First Lien Agent, Priority Collateral Trustee or any of the other First Lien Secured Party, Priority Claimholders or the Second Lien Agent Priority Collateral Trustee or any of the other Second Lien Secured PartyPriority Claimholders, each in its or their sole discretion, undertakes at any time or from time to time to provide any such information to the Second Priority Collateral Trustee or any other partySecond Priority Claimholder or the First Priority Collateral Trustee or other First Priority Claimholders, as applicable, it or they shall be under no obligation obligation: (wa) to make, and none of the First Lien Agent, Priority Collateral Trustee and the other First Lien Secured Parties, the Priority Claimholders or Second Lien Agent or Priority Collateral Trustee and the other Second Lien Secured Parties Priority 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, ; (xb) to provide any additional information or to provide any such information on any subsequent occasion, ; (yc) to undertake any investigation or investigation; or (zd) to disclose any information thatinformation, which pursuant to accepted or reasonable commercial finance practices, such party wishes to maintain confidential or is otherwise required to maintain confidential. The First Priority Collateral Trustee shall send to the Second Priority Collateral Trustee a copy of any Notice of Default (as defined in the First Priority Collateral Trust Agreement) delivered by the First Priority Collateral Trustee to the Company promptly following the delivery of such Notice of Default to the Company. The failure of the First Priority Collateral Trustee to send any such Notice of Default to the Second Priority Collateral Trustee shall not affect the Lien priorities provided in this Agreement or any other rights or remedies of any of the First Priority Claimholders under any of the First Priority Documents.

Information Concerning Financial Condition of the Company and its Subsidiaries. No First Lien Secured Party shall have any obligation to The Super Senior Collateral Agent and the Second Lien Agent or any other Second Lien Secured Party to keep Super Senior Claimholders, 38 168776.01000/150935551v.4 on the Second Lien Agent or such Second Lien Secured Party informed ofone hand, and the Second Subordinated Lien Agent Claimholders and the other Second Subordinated Lien Secured Parties shall not be entitled to rely Collateral Agent, on the First Lien Agent or any other First Lien Secured Party with respect tohand, shall each be responsible for keeping themselves informed of (a) the financial condition of the Company and its subsidiaries Subsidiaries and all endorsers, pledgors endorsers and/or guarantors of the Second Lien Super Senior Obligations or the First Subordinated Lien Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the Second Lien Super Senior Obligations or the First Lien Obligations. No Second Lien Secured Party shall have any obligation to the First Lien Agent or any other First Lien Secured Party to keep the First Lien Agent or such First Lien Secured Party informed of, and the First Lien Agent and the other First Lien Secured Parties shall not be entitled to rely on the Second Lien Agent or any other Second Lien Secured Party with respect to, (a) the financial condition of the Company and its subsidiaries and all endorsers, pledgors 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 Subordinated Lien Obligations. The First Super Senior Collateral Agent and the Super Senior Claimholders, on the one hand, and the Subordinated Lien AgentCollateral Agent and the Subordinated Lien Claimholders, on the other hand, shall have no duty to advise the Subordinated Lien Collateral Agent or any other First Subordinated Lien Secured PartyClaimholder, on the one hand, or the Second Lien Super Senior Collateral Agent or any Super Senior Claimholder, on the other Second Lien Secured Party shall not have any duty to advise any other party hereunder hand, of information known to it or them regarding such condition or any such circumstances or otherwise. In the event that the First Lien Super Senior Collateral Agent, any of the other First Lien Secured PartySuper Senior Claimholders, the Second Subordinated Lien Collateral Agent or any of the other Second Subordinated Lien Secured Party, Claimholders in its or their sole discretion, undertakes at any time or from time to time to provide any such information to the Subordinated Lien Collateral Agent, any other partySubordinated Lien Claimholder, the Super Senior Collateral Agent or any Super Senior Claimholder, it or they shall be under no obligation obligation: (wa) to make, and none of the First Lien Agent, Super Senior Collateral Agent and the other First Lien Secured Parties, the Second Lien Agent Super Senior Claimholders or the other Second Subordinated Lien Secured Parties Collateral Agent and the Subordinated 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, ; (xb) to provide any additional information or to provide any such information on any subsequent occasion, ; (yc) to undertake any investigation or investigation; or (zd) to disclose any information thatinformation, 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 Super Senior Collateral Agent and the Subordinated 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 Super Senior Obligations and Subordinated 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. No The First Lien Secured Party shall have any obligation to Administrative Agent and the Second First Lien Agent or any other Second Lien Secured Party to keep Claimholders, on the Second Lien Agent or such Second Lien Secured Party informed ofone hand, and the Second Lien Agent Claimholders and the other Second Lien Secured Parties shall not be entitled to rely Collateral Trustee, on the First Lien Agent or any other First Lien Secured Party with respect tohand, shall each be responsible for keeping themselves informed of (a) the financial condition of the Company Grantors and its subsidiaries their Subsidiaries and all endorsers, pledgors and/or guarantors of the Second Lien Obligations or the First Lien Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the Second Lien Obligations or the First Lien Obligations. No Second Lien Secured Party shall have any obligation to the First Lien Agent or any other First Lien Secured Party to keep the First Lien Agent or such First Lien Secured Party informed of, and the First Lien Agent and the other First Lien Secured Parties shall not be entitled to rely on the Second Lien Agent or any other Second Lien Secured Party with respect to, (a) the financial condition of the Company and its subsidiaries and all endorsers, pledgors 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; provided, that nothing in this Section 8.4 shall impose a duty on the Second Lien Collateral Trustee or Second Lien Indenture Trustee to inform itself or investigate the financial condition of the Borrower or the Guarantors beyond that which may be required under the Second Lien Collateral Trust Agreement or Second Lien Indenture, respectively. The First Lien Agent, or any Administrative Agent and the other First Lien Secured Party, or Claimholders shall have no duty to advise the Second Lien Agent Collateral Trustee or any other Second Lien Secured Party shall not have any duty to advise any other party hereunder Claimholder of information known to it or them regarding such condition or any such circumstances or otherwise. In the event that the First Lien Agent, Administrative Agent or any of the other First Lien Secured Party, the Second Lien Agent or any other Second Lien Secured PartyClaimholders, 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 Trustee or any other partySecond Lien Claimholder, it or they shall be under no obligation obligation: (wa) to make, and none of the First Lien Agent, Administrative Agent and the other First Lien Secured Parties, the Second Lien Agent or the other Second Lien Secured Parties 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, ; (xb) to provide any additional information or to provide any such information on any subsequent occasion, ; (yc) to undertake any investigation or investigation; or (zd) 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 Second Lien Collateral Trustee and the other Second Lien Claimholders shall have no duty to advise the First Lien Administrative Agent or any other First Lien Claimholder of information thatknown to it or them regarding such condition or any such circumstances or otherwise. In the event the Second Lien Collateral Trustee or any of the other 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 Administrative Agent or any other First Lien Claimholder, it or they shall be under no obligation: (a) to make, and the Second Lien Collateral Trustee and the other 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; (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. No First Lien Secured Party shall have any obligation to The Super Senior Collateral Agent and the Second Lien Agent or any other Second Lien Secured Party to keep Super Senior Claimholders, 168776.01000/150935546v.3 on the Second Lien Agent or such Second Lien Secured Party informed ofone hand, and the Second Subordinated Lien Agent Claimholders and the other Second Subordinated Lien Secured Parties shall not be entitled to rely Collateral Agent, on the First Lien Agent or any other First Lien Secured Party with respect tohand, shall each be responsible for keeping themselves informed of (a) the financial condition of the Company and its subsidiaries Subsidiaries and all endorsers, pledgors endorsers and/or guarantors of the Second Lien Super Senior Obligations or the First Subordinated Lien Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the Second Lien Super Senior Obligations or the First Lien Obligations. No Second Lien Secured Party shall have any obligation to the First Lien Agent or any other First Lien Secured Party to keep the First Lien Agent or such First Lien Secured Party informed of, and the First Lien Agent and the other First Lien Secured Parties shall not be entitled to rely on the Second Lien Agent or any other Second Lien Secured Party with respect to, (a) the financial condition of the Company and its subsidiaries and all endorsers, pledgors 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 Subordinated Lien Obligations. The First Super Senior Collateral Agent and the Super Senior Claimholders, on the one hand, and the Subordinated Lien AgentCollateral Agent and the Subordinated Lien Claimholders, on the other hand, shall have no duty to advise the Subordinated Lien Collateral Agent or any other First Subordinated Lien Secured PartyClaimholder, on the one hand, or the Second Lien Super Senior Collateral Agent or any Super Senior Claimholder, on the other Second Lien Secured Party shall not have any duty to advise any other party hereunder hand, of information known to it or them regarding such condition or any such circumstances or otherwise. In the event that the First Lien Super Senior Collateral Agent, any of the other First Lien Secured PartySuper Senior Claimholders, the Second Subordinated Lien Collateral Agent or any of the other Second Subordinated Lien Secured Party, Claimholders in its or their sole discretion, undertakes at any time or from time to time to provide any such information to the Subordinated Lien Collateral Agent, any other partySubordinated Lien Claimholder, the Super Senior Collateral Agent or any Super Senior Claimholder, it or they shall be under no obligation obligation: (wa) to make, and none of the First Lien Agent, Super Senior Collateral Agent and the other First Lien Secured Parties, the Second Lien Agent Super Senior Claimholders or the other Second Subordinated Lien Secured Parties Collateral Agent and the Subordinated 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, ; (xb) to provide any additional information or to provide any such information on any subsequent occasion, ; (yc) to undertake any investigation or investigation; or (zd) to disclose any information thatinformation, 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 Super Senior Collateral Agent and the Subordinated 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 Super Senior Obligations and Subordinated 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. No The First Lien Secured Party shall have any obligation to Collateral Agent and the Second First Lien Agent or any other Second Lien Secured Party to keep Claimholders, on the Second Lien Agent or such Second Lien Secured Party informed ofone hand, and the Second Subordinated Lien Agent Claimholders and the other Second Lien Secured Parties shall not be entitled to rely Subordinated Collateral Trustee, on the First Lien Agent or any other First Lien Secured Party with respect tohand, shall each be responsible for keeping themselves informed of (ax) the financial condition of the Company and its subsidiaries Subsidiaries and all endorsers, pledgors and/or guarantors of the Second Lien Obligations or the First Lien Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the Second Lien Obligations or the First Lien Obligations. No Second Lien Secured Party shall have any obligation to the First Lien Agent or any other First Lien Secured Party to keep the First Lien Agent or such First Lien Secured Party informed of, and the First Lien Agent and the other First Lien Secured Parties shall not be entitled to rely on the Second Lien Agent or any other Second Lien Secured Party with respect to, (a) the financial condition of the Company and its subsidiaries and all endorsers, pledgors 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 Agent, Collateral Agent and the First Lien Claimholders shall have no duty to advise the Subordinated Collateral Trustee or any other Subordinated Lien Claimholder of information known to it or them regarding such condition or any such circumstances or otherwise and the Subordinated Collateral Trustee and the Subordinated Lien Claimholders shall have no duty to advise the First Lien Secured Party, or the Second Lien Collateral Agent or any other Second First Lien Secured Party shall not have any duty to advise any other party hereunder Claimholder of information known to it or them regarding such condition or any such circumstances or otherwise. In the event that the First Lien Agent, any other First Lien Secured Party, the Second Lien Collateral Agent or any other Second of the First Lien Secured PartyClaimholders or the Subordinated Collateral Trustee or any of the Subordinated Lien Claimholders, as applicable, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to the Subordinated Collateral Trustee or any other partySubordinated Lien Claimholder or the First Lien Collateral Agent or any of the First Lien Claimholder, as applicable, it or they shall be under no obligation obligation: (wa) to make, and none of the First Lien Agent, Collateral Agent and the other First Lien Secured Parties, the Second Lien Agent Claimholders or the other Second Subordinated Collateral Trustee and the Subordinated Lien Secured Parties 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, ; (xb) to provide any additional information or to provide any such information on any subsequent occasion, ; (yc) to undertake any investigation or investigation; or (zd) to disclose any information thatinformation, 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. No First Lien Secured Party shall have any obligation to The Super Senior Collateral Agent and the Second Lien Agent or any other Second Lien Secured Party to keep Super Senior Claimholders, 168776.01000/150935587v.4 on the Second Lien Agent or such Second Lien Secured Party informed ofone hand, and the Second Subordinated Lien Agent Claimholders and the other Second Subordinated Lien Secured Parties shall not be entitled to rely Collateral Agent, on the First Lien Agent or any other First Lien Secured Party with respect tohand, shall each be responsible for keeping themselves informed of (a) the financial condition of the Company and its subsidiaries Subsidiaries and all endorsers, pledgors endorsers and/or guarantors of the Second Lien Super Senior Obligations or the First Subordinated Lien Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the Second Lien Super Senior Obligations or the First Lien Obligations. No Second Lien Secured Party shall have any obligation to the First Lien Agent or any other First Lien Secured Party to keep the First Lien Agent or such First Lien Secured Party informed of, and the First Lien Agent and the other First Lien Secured Parties shall not be entitled to rely on the Second Lien Agent or any other Second Lien Secured Party with respect to, (a) the financial condition of the Company and its subsidiaries and all endorsers, pledgors 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 Subordinated Lien Obligations. The First Super Senior Collateral Agent and the Super Senior Claimholders, on the one hand, and the Subordinated Lien AgentCollateral Agent and the Subordinated Lien Claimholders, on the other hand, shall have no duty to advise the Subordinated Lien Collateral Agent or any other First Subordinated Lien Secured PartyClaimholder, on the one hand, or the Second Lien Super Senior Collateral Agent or any Super Senior Claimholder, on the other Second Lien Secured Party shall not have any duty to advise any other party hereunder hand, of information known to it or them regarding such condition or any such circumstances or otherwise. In the event that the First Lien Super Senior Collateral Agent, any of the other First Lien Secured PartySuper Senior Claimholders, the Second Subordinated Lien Collateral Agent or any of the other Second Subordinated Lien Secured Party, Claimholders in its or their sole discretion, undertakes at any time or from time to time to provide any such information to the Subordinated Lien Collateral Agent, any other partySubordinated Lien Claimholder, the Super Senior Collateral Agent or any Super Senior Claimholder, it or they shall be under no obligation obligation: (wa) to make, and none of the First Lien Agent, Super Senior Collateral Agent and the other First Lien Secured Parties, the Second Lien Agent Super Senior Claimholders or the other Second Subordinated Lien Secured Parties Collateral Agent and the Subordinated 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, ; (xb) to provide any additional information or to provide any such information on any subsequent occasion, ; (yc) to undertake any investigation or investigation; or (zd) to disclose any information thatinformation, 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 Super Senior Collateral Agent and the Subordinated 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 Super Senior Obligations and Subordinated 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. No First Lien Obligations Secured Party shall have any obligation to the Second any Junior Lien Agent Obligations Representative or any other Second Junior Lien Obligations Secured Party to keep the Second such Junior Lien Agent Obligations Representative or such Second Junior Lien Obligations Secured Party informed of, and the Second Junior Lien Agent Obligations Representatives and the other Second Other Junior Lien Obligations Secured Parties shall not be entitled to rely on the any First Lien Agent Obligations Representative or any other First Lien Obligations Secured Party with respect to, (a) the financial condition of the Company and its subsidiaries and all endorsers, pledgors and/or guarantors of the Second Junior Lien Obligations or the First Lien Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the Second Junior Lien Obligations or the First Lien ObligationsObligations Claims. No Second Lien Secured Party shall have any obligation to the First Lien Agent or any other First Lien Secured Party to keep the First Lien Agent or such First Lien Secured Party informed of, and the First Lien Agent and the other First Lien Secured Parties shall not be entitled to rely on the Second Lien Agent or any other Second Lien Secured Party with respect to, (a) the financial condition of the Company and its subsidiaries and all endorsers, pledgors 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 AgentRepresentative, or any other First Lien Obligations Secured Party, or the Second any Junior Lien Agent Obligations Representative or any other Second Junior Lien Obligations Secured Party shall not have any duty to advise any other party hereunder of information known to it or them regarding such condition or any such circumstances or otherwise. In the event that the any First Lien AgentObligations Representative, any other First Lien Obligations Secured Party, the Second any Junior Lien Agent Obligations Representative or any other Second Junior Lien Obligations Secured Party, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to any other party, it or they shall be under no obligation (w) to make, and none of the First Lien AgentObligations Representatives, the other First Lien Obligations Secured Parties, the Second Junior Lien Agent Obligations Representatives or the other Second Other Junior Lien Obligations Secured Parties shall 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, (y) to undertake any investigation or (z) to disclose any information that, pursuant to accepted or reasonable commercial finance practices, such party wishes to maintain confidential or is otherwise required to maintain confidential.