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

Information Concerning Financial Condition of the Company and the Subsidiaries. The Intercreditor Agent, the Senior Lenders, each Second-Priority Agent and the Second-Priority Secured Parties shall each be responsible for keeping themselves informed of (a) the financial condition of the Company and the Subsidiaries and all endorsers and/or guarantors of the Second-Priority Claims or the Senior Lender Claims and (b) all other circumstances bearing upon the risk of nonpayment of the Second-Priority Claims or the Senior Lender Claims. The Intercreditor Agent, the Senior Lenders, each Second-Priority Agent and the Second-Priority Secured Parties shall have no 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 Intercreditor Agent, any Senior Lender, any Second-Priority Agent or any Second-Priority 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 the Intercreditor Agent, the Senior Lenders, the Second-Priority Agents and the Second-Priority 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, (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 the Subsidiaries. The Intercreditor First-Priority Collateral Agent, the Senior LendersFirst-Priority Secured Parties, each Second-Priority Agent Representative and the Second-Priority Secured Parties shall each be responsible for keeping themselves informed of (a) the financial condition of the Company and the Subsidiaries of the Company and all endorsers and/or guarantors of the Second-Priority Claims Obligations or the Senior Lender Claims First-Priority Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the Second-Priority Claims Obligations or the Senior Lender ClaimsFirst-Priority Obligations. The Intercreditor First-Priority Collateral Agent, the Senior LendersFirst-Priority Secured Parties, each Second-Priority Agent Representative and the Second-Priority Secured Parties shall have no 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 Intercreditor First-Priority Collateral Agent, any Senior LenderFirst-Priority Secured Party, any Second-Priority Agent Representative or any Second-Priority 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 the Intercreditor First-Priority Collateral Agent, the Senior LendersFirst-Priority Secured Parties, the Second-Priority Agents Representatives and the Second-Priority 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, (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 the Subsidiaries. The Intercreditor AgentSenior Representatives, the Senior LendersSecured Parties, each Second-the Second Priority Agent Representatives and the Second-Second Priority Secured Parties shall each be responsible for keeping themselves informed of (a) the financial condition of the Company Borrowers and the Subsidiaries of Holdings and all endorsers and/or or guarantors of the Second-Priority Claims Senior Obligations or the Senior Lender Claims Second Priority Debt Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the Second-Priority Claims Senior Obligations or the Senior Lender ClaimsSecond Priority Debt Obligations. The Intercreditor AgentSenior Representatives, the Senior LendersSecured Parties, each Second-the Second Priority Agent Representatives and the Second-Second Priority Secured Parties shall have no 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 Intercreditor Agentany Senior Representative, any Senior LenderSecured Party, any Second-Second Priority Agent Representative or any Second-Second Priority Secured Debt 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 to (wi) to make, and the Intercreditor AgentSenior Representatives, the Senior LendersSecured Parties, the Second-Second Priority Agents Representatives and the Second-Second Priority Secured Debt Parties shall not makemake or be deemed 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, (xii) to provide any additional information or to provide any such information on any subsequent occasion, (yiii) to undertake any investigation or (ziv) 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 the Subsidiaries. The Intercreditor Agent, the Neither any First Lien Agent nor any Senior Lenders, each Second-Lender shall have any obligation to any Second Priority Agent or any Second Priority Secured Party to keep the Second Priority Agent or any Second Priority Secured Party informed of, and the Second-Second Priority Agents and the Second Priority Secured Parties shall each not be responsible for keeping themselves informed of entitled to rely on the First Lien Agents or the Senior Lenders with respect to, (a) the financial condition of the Company and the Subsidiaries and all endorsers endorsers, pledgors and/or guarantors of the Second-Second Priority Claims or the Senior Lender Claims and (b) all other circumstances bearing upon the risk of nonpayment of the Second-Second Priority Claims or the Senior Lender Claims. The Intercreditor AgentFirst Lien Agents, the Senior Lenders, each Second-Second Priority Agent and the Second-Second Priority Secured Parties shall have no 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 Intercreditor any First Lien Agent, any Senior Lender, any Second-Second Priority Agent or any Second-Second Priority 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 the Intercreditor AgentFirst Lien Agents, the Senior Lenders, the Second-Second Priority Agents and the Second-Second Priority 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, (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 the Subsidiaries. The Intercreditor AgentSenior Representatives, the Senior LendersSecured Parties, each Second-the Second Priority Agent Representatives and the Second-Second Priority Secured Parties shall each be responsible for keeping themselves informed of (a) the financial condition of the Company and the Subsidiaries and all endorsers and/or or guarantors of the Second-Priority Claims Senior Obligations or the Senior Lender Claims Second Priority Debt Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the Second-Priority Claims Senior Obligations or the Senior Lender ClaimsSecond Priority Debt Obligations. The Intercreditor AgentSenior Representatives, the Senior LendersSecured Parties, each Second-the Second Priority Agent Representatives and the Second-Second Priority Secured Parties shall have no 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 Intercreditor Agentany Senior Representative, any Senior LenderSecured Party, any Second-Second Priority Agent Representative or any Second-Second Priority Secured Debt 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 to (wi) to make, and the Intercreditor AgentSenior Representatives, the Senior LendersSecured Parties, the Second-Second Priority Agents Representatives and the Second-Second Priority Secured Debt Parties shall not makemake or be deemed 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, (xii) to provide any additional information or to provide any such information on any subsequent occasion, (yiii) to undertake any investigation or (ziv) 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 the Subsidiaries. The Intercreditor Neither any First-Lien Collateral Agent, any First-Lien Authorized Representative nor any other First-Lien Secured Party shall have any obligation to any Junior-Lien Authorized Representative, any Junior-Lien Collateral Agent or any other Junior-Lien Secured Party to keep the Senior LendersJunior-Lien Authorized Representative, each Secondany Junior-Priority Lien Collateral Agent or any Junior-Lien Secured Party informed of, and the SecondJunior-Priority Lien Authorized Representatives, the Junior-Lien Collateral Agents and the Junior-Lien Secured Parties shall each not be responsible for keeping themselves informed of entitled to rely on the First- Lien Collateral Agents, the First-Lien Authorized Representatives or the First-Lien Secured Parties with respect to, (a) the financial condition of the Company and the Subsidiaries and all Grantors or any endorsers and/or or guarantors of the SecondFirst-Priority Claims Lien Obligations or the Senior Lender Claims and Junior-Lien Obligations or (b) all any other circumstances bearing upon the risk of nonpayment of the SecondFirst-Priority Claims Lien Obligations or the Senior Lender ClaimsJunior-Lien Obligations. The Intercreditor AgentFirst-Lien Collateral Agents, the Senior LendersFirst-Lien Authorized Representatives, each Secondthe First-Priority Agent Lien Secured Parties, the Junior-Lien Authorized Representatives, the Junior-Lien Collateral Agents and the SecondJunior-Priority Lien Secured Parties shall have no 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 Intercreditor any First-Lien Collateral Agent, any Senior LenderFirst-Lien Authorized Representative, any SecondFirst-Priority Lien Secured Party, any Junior-Lien Authorized Representative, any Junior-Lien Collateral Agent or any SecondJunior-Priority 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 to (wi) to make, and the Intercreditor AgentFirst-Lien Collateral Agents, the Senior LendersFirst-Lien Authorized Representatives, the SecondFirst-Priority Lien Secured Parties, the Junior-Lien Authorized Representatives, the Junior-Lien Collateral Agents and the SecondJunior-Priority Lien Secured Parties shall not makemake or be deemed 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, (xii) to provide any additional information or to provide any such information on any subsequent occasion, (yiii) to undertake any investigation or (ziv) 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 the Subsidiaries. The Intercreditor AgentNeither the ABL Agent nor any ABL Lender shall have any obligation to the any Term Loan Agent or any Term Loan Lender to keep any Term Loan Agent or any Term Loan Lender informed of, the Senior Lenders, and each Second-Priority Term Loan Agent and the Second-Priority Secured Parties Term Loan Lenders shall each not be responsible for keeping themselves informed of entitled to rely on the ABL Agent or the ABL Lenders with respect to, (a) the financial condition of the Company and the Subsidiaries and all endorsers and/or guarantors of the Second-Priority ABL Claims or the Senior Lender Term Loan Claims and (b) all other circumstances bearing upon the risk of nonpayment of the Second-Priority ABL Claims or the Senior Lender Term Loan Claims. The Intercreditor ABL Agent, the Senior ABL Lenders, each Second-Priority Agent the Term Loan Agents and the Second-Priority Secured Parties Term Loan Lenders shall have no 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 Intercreditor ABL Agent, any Senior ABL Lender, any Second-Priority Term Loan Agent or any Second-Priority Secured PartyTerm Loan Lender, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to any other partyparty (and the Company acknowledges that any such party may do so), it or they shall be under no obligation (w) to make, and the Intercreditor ABL Agent, the Senior ABL Lenders, the Second-Priority Term Loan Agents and the Second-Priority Secured Parties Term Loan Lenders 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 that, pursuant to accepted or reasonable commercial finance practices, such party wishes to maintain confidential or is otherwise required to maintain confidential. The Grantors agree that any information provided to the ABL Agent, the Term Loan Agents, any other ABL Lender or any other Term Loan Lender may be shared by such person with any of the other Lenders notwithstanding a request or demand by such Grantor that such information be kept confidential; provided that such information shall otherwise be subject to the respective confidentiality provisions in the ABL Credit Agreement and the Term Loan Credit Agreements, as applicable.

Information Concerning Financial Condition of the Company and the Subsidiaries. The Intercreditor Neither any First-Lien Collateral Agent, any First-Lien Authorized Representative nor any other First-Lien Secured Party shall have any obligation to any Junior-Lien Authorized Representative, any Junior-Lien Collateral Agent or any other Junior-Lien Secured Party to keep the Senior LendersJunior-Lien Authorized Representative, each Secondany Junior-Priority Lien Collateral Agent or any Junior-Lien Secured Party informed of, and the SecondJunior-Priority Lien Authorized Representatives, the Junior-Lien Collateral Agents and the Junior-Lien Secured Parties shall each not be responsible for keeping themselves informed of entitled to rely on the First-Lien Collateral Agents, the First-Lien Authorized Representatives or the First-Lien Secured Parties with respect to, (a) the financial condition of the Company and the Subsidiaries and all Grantors or any endorsers and/or or guarantors of the SecondFirst-Priority Claims Lien Obligations or the Senior Lender Claims and Junior-Lien Obligations or (b) all any other circumstances bearing upon the risk of nonpayment of the SecondFirst-Priority Claims Lien Obligations or the Senior Lender ClaimsJunior-Lien Obligations. The Intercreditor AgentFirst-Lien Collateral Agents, the Senior LendersFirst-Lien Authorized Representatives, each Secondthe First-Priority Agent Lien Secured Parties, the Junior-Lien Authorized Representatives, the Junior-Lien Collateral Agents and the SecondJunior-Priority Lien Secured Parties shall have no 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 Intercreditor any First-Lien Collateral Agent, any Senior LenderFirst-Lien Authorized Representative, any SecondFirst-Priority Lien Secured Party, any Junior-Lien Authorized Representative, any Junior-Lien Collateral Agent or any SecondJunior-Priority 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 to (wi) to make, and the Intercreditor AgentFirst-Lien Collateral Agents, the Senior LendersFirst-Lien Authorized Representatives, the SecondFirst-Priority Lien Secured Parties, the Junior-Lien Authorized Representatives, the Junior-Lien Collateral Agents and the SecondJunior-Priority Lien Secured Parties shall not makemake or be deemed 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, (xii) to provide any additional information or to provide any such information on any subsequent occasion, (yiii) to undertake any investigation or (ziv) 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 the Subsidiaries. The Intercreditor Agent, First-Lien Agent and the Senior Lenders, each Second-Priority Agent on the one hand, and the Second-Priority Secured Parties Trustee and the Noteholders, on the other hand, shall each be responsible for keeping themselves informed of (a) the financial condition of the Company and the Subsidiaries and all endorsers and/or guarantors of the Second-Priority Noteholder Claims or the Senior Lender Claims and (b) all other circumstances bearing upon the risk of nonpayment of the Second-Priority Noteholder Claims or the Senior Lender Claims. The Intercreditor Agent, the Senior Lenders, each SecondFirst-Priority Lien Agent and the Second-Priority Secured Parties Senior Lenders shall have no duty to advise the Trustee, the Noteholder Collateral Agent or any other party hereunder Noteholder of information known to it or them regarding such condition or any such circumstances or otherwise and the Trustee, the Noteholder Collateral Agent and the Noteholders shall have no duty to advise the First-Lien Agent or the Senior Lenders of information known to it or them regarding such condition or any such circumstances or otherwise. In the event that the Intercreditor Agent, any Senior Lender, any SecondFirst-Priority Lien Agent or any Second-Priority Secured Partyof the Senior Lenders, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to the Trustee, the Noteholder Collateral Agent or any other partyNoteholder or the Trustee, the Noteholder Collateral Agent or any Noteholder, 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 of the Senior Lenders, it or they shall be under no obligation (w) to make, and the Intercreditor AgentFirst-Lien Agent and the Senior Lenders or the Trustee, the Senior Lenders, the Second-Priority Agents Noteholder Collateral Agent and the Second-Priority Secured Parties Noteholders, as the case may be, 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 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 the Subsidiaries. The Intercreditor AgentFirst Priority Lien Collateral Trustee, the Senior LendersFirst Priority Lien Holders, each Second-Priority Agent Subordinated Lien Debt Representative and the Second-Priority Subordinated Lien Secured Parties shall each be independently responsible for keeping themselves informed of (a) the financial condition of the Company and the Subsidiaries and all endorsers and/or guarantors of the Second-Priority Subordinated Lien Claims or the Senior Lender First Priority Claims and (b) all other circumstances bearing upon the risk of nonpayment of the Second-Priority Subordinated Lien Claims or the Senior Lender First Priority Claims. The Intercreditor AgentFirst Priority Lien Collateral Trustee, the Senior LendersFirst Priority Lien Holders, each Second-Priority Agent Subordinated Lien Debt Representative and the Second-Priority Subordinated Lien Secured Parties shall have no 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 Intercreditor AgentFirst Priority Lien Collateral Trustee, any Senior LenderFirst Priority Lien Holder, any Second-Priority Agent Subordinated Lien Debt Representative or any Second-Priority Subordinated 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 the Intercreditor AgentFirst Priority Lien Collateral Trustee, the Senior LendersFirst Priority Lien Holders, the Second-Priority Agents Subordinated Lien Debt Representatives and the Second-Priority Subordinated Lien 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, (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 the Subsidiaries. The Intercreditor Agent, Neither the Senior LendersPriority Agent nor any Senior Priority Secured Party shall have any obligation to the Junior Priority Agent or any Junior Priority Secured Party to keep the Junior Priority Agent or any Junior Priority Secured Party informed of, each Second-and the Junior Priority Agent and the Second-Junior Priority Secured Parties shall each not be responsible for keeping themselves informed of entitled to rely on the Senior Priority Agent or the Senior Priority Secured Parties with respect to, (a) the financial condition of the Company and the Subsidiaries Grantors and all endorsers and/or guarantors of the Second-Junior Priority Claims or the Senior Lender Priority Claims and (b) all other circumstances bearing upon the risk of nonpayment of the Second-Junior Priority Claims or the Senior Lender Priority Claims. The Intercreditor Senior Priority Agent, the Senior LendersPriority Secured Parties, each Second-the Junior Priority Agent and the Second-Junior Priority Secured Parties shall have no 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 Intercreditor any Senior Priority Agent, any Senior LenderPriority Secured Party, any Second-Junior Priority Agent or any Second-Junior Priority 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 the Intercreditor Senior Priority Agent, the Senior LendersPriority Secured Parties, the Second-Junior Priority Agents Agent and the Second-Junior Priority 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, (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. Nothing in this Section 8.4 shall impose any obligation on the Senior Notes Agent and the Junior Notes Agent to keep itself informed of the financial condition of the Grantors or the risk of nonpayment.

Information Concerning Financial Condition of the Company and the Subsidiaries. The Intercreditor Agent, None of the Senior Lenders, each parties hereto (other than the Grantors) shall be responsible for keeping the other parties hereto informed and no Second-Priority Agent and the Second-Priority Secured Parties shall each be responsible for keeping themselves required to keep itself informed of (a) the financial condition of the Company and the Subsidiaries and all endorsers and/or guarantors of the Second-Priority Claims Obligations or the Senior Lender Claims First-Priority Lien Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the Second-Priority Claims Obligations or the Senior Lender ClaimsFirst-Priority Lien Obligations. The Intercreditor Agent, the Senior Lenders, each Second-Priority Agent and the Second-Priority Secured Parties shall have no 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 Intercreditor Agent, any Senior Lender, any Second-Priority Agent or any Second-Priority 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 the Intercreditor Agent, the Senior Lenders, the Second-Priority Agents and the Second-Priority 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, (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 the Subsidiaries. The Intercreditor Agent, Each of (a) the Credit Agent and the Senior Lenders, each Second-(b) the Second Priority Noteholder Agent and the Second-Second Priority Secured Parties Noteholders and (c) the 2004 Noteholder Agent and the 2004 Noteholders shall each be responsible for keeping themselves informed of (a) the financial condition of the Company and the Subsidiaries and all endorsers and/or guarantors of the Second-Priority Claims or the Senior Lender Claims, the Second Priority Noteholder Claims and the 2004 Noteholder Claims and (b) all other circumstances bearing upon the risk of nonpayment of the Second-Priority Claims or the Senior Lender Claims. The Intercreditor Agent, the Senior Lenders, each Second-Second Priority Agent Noteholder Claims and the Second-Priority 2004 Noteholder Claims. No Senior Collateral Agent or Senior Obligations Secured Parties Party shall have no any duty to advise any other party hereunder Junior Collateral Agent or any Junior Obligations Secured Party of information known to it or them regarding such condition or any such circumstances or otherwise. In the event that the Intercreditor Agent, any a Senior Lender, any Second-Priority Collateral Agent or any Second-Priority of the Senior Obligations Secured PartyParties, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to any other partyJunior Collateral Agent or any Junior Obligations Secured Party, it or they shall be under no obligation (w) to make, and the Intercreditor Agent, the no Senior Lenders, the Second-Priority Agents and the Second-Priority Collateral Agent or Senior Obligations Secured Parties 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, (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 the Subsidiaries. The Intercreditor First Lien Collateral Agent, the Senior LendersFirst Lien Secured Parties, the Junior Lien Collateral Agent, each Second-Priority Agent Junior Lien Representative and the Second-Priority Junior Lien Secured Parties shall each be responsible for keeping themselves informed of (a) the financial condition of the Company and the Subsidiaries and all endorsers and/or guarantors of the Second-Priority Claims First Lien Obligations or the Senior Lender Claims Junior Lien Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the Second-Priority Claims First Lien Obligations or the Senior Lender ClaimsJunior Lien Obligations. The Intercreditor First Lien Collateral Agent, the Senior LendersFirst Lien Secured Parties, the Junior Lien Collateral Agent, each Second-Priority Agent Junior Lien Representative and the Second-Priority Junior Lien Secured Parties shall have no 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 Intercreditor First Lien Collateral Agent, any Senior LenderFirst Lien Secured Party, the Junior Lien Collateral Agent, any Second-Priority Agent Junior Lien Representative or any Second-Priority Junior 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 the Intercreditor First Lien Collateral Agent, the Senior LendersFirst Lien Secured Parties, the Second-Priority Agents Junior Lien Collateral Agent, the Junior Lien Representatives and the Second-Priority Junior Lien 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, (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 the Subsidiaries. The Intercreditor Neither any First-Lien Collateral Agent, any First-Lien Authorized Representative nor any other First-Lien Secured Party shall have any obligation to any Junior-Lien Authorized Representative, any Junior-Lien Collateral Agent or any other Junior-Lien Secured Party to keep the Senior LendersJunior-Lien Authorized Representative, each Secondany Junior-Priority Lien Collateral Agent or any Junior-Lien Secured Party informed of, and the SecondJunior-Priority Lien Authorized Representatives, the Junior-Lien Collateral Agents and the Junior-Lien Secured Parties shall each not be responsible for keeping themselves informed of entitled to rely on the First- Lien Collateral Agents, the First-Lien Authorized Representatives or the First-Lien Secured Parties with respect to, (a) the financial condition of the Company and the Subsidiaries and all Grantors or any endorsers and/or or guarantors of the SecondFirst-Priority Claims Lien Obligations or the Senior Lender Claims and Junior-Lien Obligations or (b) all any other circumstances bearing upon the risk of nonpayment of the SecondFirst-Priority Claims Lien Obligations or the Senior Lender ClaimsJunior-Lien Obligations. The Intercreditor AgentFirst-Lien Collateral Agents, the Senior LendersFirst-Lien Authorized Representatives, each Secondthe First-Priority Agent Lien Secured Parties, the Junior-Lien Authorized Representatives, the Junior-Lien Collateral Agents and the SecondJunior-Priority Lien Secured Parties shall have no 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 Intercreditor any First-Lien Collateral Agent, any Senior LenderFirst-Lien Authorized Representative, any SecondFirst-Priority Lien Secured Party, any Junior-Lien Authorized Representative, any Junior-Lien Collateral Agent or any SecondJunior-Priority 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 to (wi) to make, and the Intercreditor AgentFirst-Lien Collateral Agents, the Senior LendersFirst-Lien Authorized Representatives, the SecondFirst-Priority Lien Secured Parties, the Junior-Lien Authorized Representatives, the Junior-Lien Collateral Agents and the SecondJunior-Priority Lien Secured Parties shall not makemake or be deemed 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, (xii) to provide any additional information or to provide any such information on any subsequent occasion, (yiii) to undertake any investigation or (ziv) to disclose any information that, pursuant to accepted or reasonable 40 commercial finance practices, such party wishes to maintain confidential or is otherwise required to maintain confidential.

Information Concerning Financial Condition of the Company and the Subsidiaries. The Intercreditor AgentFirst-Priority Representatives, the Senior LendersFirst-Priority Secured Parties, each Second-Priority Agent Representative and the Second-Priority Secured Parties shall each be responsible for keeping themselves informed of (a) the financial condition of the Company and the Subsidiaries of the Company and all endorsers and/or guarantors of the Second-Priority Claims Obligations or the Senior Lender Claims First-Priority Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the Second-Priority Claims Obligations or the Senior Lender ClaimsFirst-Priority Obligations. The Intercreditor AgentEach First-Priority Representative, the Senior LendersFirst-Priority Secured Parties, each Second-Priority Agent Representative and the Second-Priority Secured Parties shall have no 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 Intercreditor Agentany First-Priority Representative, any Senior LenderFirst-Priority Secured Party, any Second-Priority Agent Representative or any Second-Priority 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 the Intercreditor AgentFirst-Priority Representatives, the Senior LendersFirst-Priority Secured Parties, the Second-Priority Agents Representatives and the Second-Priority 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, (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 the Subsidiaries. The Intercreditor Agent, the Senior LendersFirst-Priority Secured Parties, each Second-Priority Agent Representative and the Second-Priority Secured Parties shall each be responsible for keeping themselves informed of (a) the financial condition of the Company and the Subsidiaries of the Company and all endorsers and/or guarantors of the Second-Priority Claims Obligations or the Senior Lender Claims First-Priority Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the Second-Priority Claims Obligations or the Senior Lender ClaimsFirst-Priority Obligations. The Intercreditor First-Priority Collateral Agent, the Senior LendersFirst-Priority Secured Parties, each Second-Priority Agent Representative and the Second-Priority Secured Parties shall have no 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 Intercreditor First-Priority Collateral Agent, any Senior LenderFirst-Priority Secured Party, any Second-Priority Agent Representative or any Second-Priority 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 the Intercreditor First-Priority Collateral Agent, the Senior LendersFirst-Priority Secured Parties, the Second-Priority Agents Representatives and the Second-Priority 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, (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 the Subsidiaries. The Intercreditor AgentNeither any First Lien Agent nor any First Lien Lender shall have any obligation to the Second Lien Agent or any Second Priority Secured Party to keep the Second Lien Agent or any Second Priority Secured Party informed of, and the Senior Lenders, each Second-Priority Second Lien Agent and the Second-Second Priority Secured Parties shall each not be responsible for keeping themselves informed of entitled to rely on the First Lien Agents or the First Lien Lenders with respect to, (a) the financial condition of the Company and the Subsidiaries and all endorsers endorsers, pledgors and/or guarantors of the Second-Second Priority Claims or the Senior First Lien Lender Claims and (b) all other circumstances bearing upon the risk of nonpayment of the Second-Second Priority Claims or the Senior First Lien Lender Claims. The Intercreditor AgentFirst Lien Agents, the Senior First Lien Lenders, each Second-Priority the Second Lien Agent and the Second-Second Priority Secured Parties shall have no 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 Intercreditor any First Lien Agent, any Senior First Lien Lender, any Second-Priority the Second Lien Agent or any Second-Second Priority 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 the Intercreditor AgentFirst Lien Agents, the Senior First Lien Lenders, the Second-Priority Agents Second Lien Agent and the Second-Second Priority 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, (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 the Subsidiaries. (a) The Intercreditor AgentSenior Trustee, the Senior Lenders, each Second-Priority Collateral Agent and the Second-Priority Secured Parties Senior Creditors, on the one hand, and the Junior Trustee, the Junior Collateral Agent and the Junior Creditors, on the other hand, shall each be responsible for keeping themselves informed of (ai) the financial condition of Hovnanian, the Company and the Subsidiaries and all endorsers and/or guarantors of the Second-Priority Junior Claims or the Senior Lender Claims and (bii) all other circumstances bearing upon the risk of nonpayment of the Second-Priority Junior Claims or the Senior Lender Claims. . (b) The Intercreditor AgentSenior Trustee, the Senior Lenders, each Second-Priority Collateral Agent and the Second-Priority Secured Parties Senior Noteholders shall have no duty to advise the Junior Trustee, the Junior Collateral Agent or any other party hereunder Junior Creditors of information known to it or them regarding such condition or any such circumstances or otherwise. In the event that the Intercreditor AgentSenior Trustee, any the Senior Lender, any Second-Priority Collateral Agent or any Second-Priority Secured Partyof the Senior Creditors, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to the Junior Trustee, the Junior Collateral Agent or any other partyJunior Creditor, it or they shall be under no obligation (w) to make, and the Intercreditor AgentSenior Trustee, the Senior Lenders, the Second-Priority Agents Collateral Agent and the Second-Priority Secured Parties Senior Creditors 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 that, pursuant to accepted or reasonable commercial finance practices, such party wishes to maintain confidential or is otherwise required to maintain confidential. (c) The Junior Trustee, the Junior Collateral Agent and the Junior Noteholders shall have no duty to advise the Senior Trustee, the Senior Collateral Agent or any Senior Creditors of information known to it or them regarding such condition or any such circumstances or otherwise. In the event that the Junior Trustee, the Junior Collateral Agent or any of the Junior Creditors, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to the Senior Trustee, the Senior Collateral Agent or any Senior Creditor, it or they shall be under no obligation (w) to make, and the Junior Trustee, the Junior Collateral Agent and the Junior Creditors 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 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 the Subsidiaries. (a) The Intercreditor Agent, the Senior Lenders, each Second-Priority Credit Agent and the Second-First Priority Secured Parties Lenders, on the one hand, and the Second Priority Agents and the Second Priority Lenders, on the other hand, shall each be responsible for keeping themselves informed of (ai) the financial condition of the Company and the Subsidiaries and all endorsers and/or guarantors of the Second-Second Priority Claims or the Senior Lender First Priority Claims and (bii) all other circumstances bearing upon the risk of nonpayment of the Second-Second Priority Claims or the Senior Lender First Priority Claims. . (b) The Intercreditor Agent, the Senior Lenders, each Second-Priority Credit Agent and the Second-First Priority Secured Parties Lenders shall have no duty to advise any other party hereunder Second Priority Agent or any Second Priority Lender of information known to it or them regarding such condition or any such circumstances or otherwise. In the event that the Intercreditor Agent, any Senior Lender, any Second-Priority Credit Agent or any Second-of the First Priority Secured PartyLenders, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to any other partySecond Priority Agent or any Second Priority Lender, it or they shall be under no obligation (wi) to make, and the Intercreditor Agent, the Senior Lenders, the Second-Priority Agents Credit Agent and the Second-First Priority Secured Parties Lenders 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, (xii) to provide any additional information or to provide any such information on any subsequent occasion, (yiii) to undertake any investigation or (ziv) to disclose any information thatwhich, pursuant to accepted or reasonable commercial finance practices, such party wishes to maintain confidential or is otherwise required to maintain confidential. (c) Subject to Section 5.7, the Second Priority Agents and the Second Priority Lenders shall have no duty to advise any First Priority Agent or any First Priority Lender of information known to it or them regarding such condition or any such circumstances or otherwise. In the event any Second Priority Agent or any of the Second Priority Lenders, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to any First Priority Agent or any First Priority Lender, it or they shall be under no obligation (i) to make, and the Second Priority Agents and the Second Priority Lenders 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 the Subsidiaries. The Intercreditor First-Lien Administrative Agent, the Senior Lenders, each Second-Priority Agent the Senior Trustee and the Second-Priority Secured Parties Senior Noteholders, on the one hand, and the Junior Trustees and the Junior Noteholders, on the other hand, shall each be responsible for keeping themselves informed of (a) the financial condition of the Company and the Subsidiaries and all endorsers and/or guarantors of the Second-Priority Junior Noteholder Claims or the Senior Lender Claims and (b) all other circumstances bearing upon the risk of nonpayment of the Second-Priority Junior Noteholder Claims or the Senior Lender Claims. The Intercreditor First-Lien Administrative Agent, the Senior Lenders, each Second-Priority Agent the Senior Trustee and the Second-Priority Secured Parties Senior Noteholders shall have no duty to advise the Junior Trustees, the Junior Noteholder Collateral Agents or any other party hereunder Junior Noteholder of information known to it or them regarding such condition or any such circumstances or otherwise. In the event that the Intercreditor First-Lien Administrative Agent, the Senior Credit Agent, any of the Senior LenderLenders, any Second-Priority the Senior Trustee, the Senior Noteholder Collateral Agent or any Second-Priority Secured Partyof the Senior Noteholders, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to the Junior Trustees, the Junior Noteholder Collateral Agents or any other partyJunior Noteholder, it or they shall be under no obligation (w) to make, and the Intercreditor First-Lien Administrative Agent, the Senior Credit Agent, the Senior Lenders, the Second-Priority Agents Senior Trustee, the Senior Noteholder Collateral Agent and the Second-Priority Secured Parties Senior Noteholders, 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 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 the Subsidiaries. The Intercreditor First Lien Collateral Agent, the Senior LendersFirst Lien Secured Parties, each Second-Priority the Second Lien Collateral Agent and the Second-Priority Second Lien Secured Parties shall each be responsible for keeping themselves informed of (a) the financial condition of the Company and the Subsidiaries Grantors and all endorsers and/or guarantors of the Second-Priority Claims First Lien Obligations or the Senior Lender Claims Second Lien Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the Second-Priority Claims First Lien Obligations or the Senior Lender ClaimsSecond Lien Obligations. The Intercreditor First Lien Collateral Agent, the Senior LendersFirst Lien Secured Parties, each Second-Priority the Second Lien Collateral Agent and the Second-Priority Second Lien Secured Parties shall have no 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 Intercreditor First Lien Collateral Agent, any Senior LenderFirst Lien Secured Party, any Second-Priority the Second Lien Collateral Agent or any Second-Priority 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 the Intercreditor First Lien Collateral Agent, the Senior LendersFirst Lien Secured Parties, the Second-Priority Agents Second Lien Collateral Agent and the Second-Priority Second Lien 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, (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 the Subsidiaries. The Intercreditor AgentNeither any First Lien Agent nor any Senior Lender shall have any obligation to the Second Priority Agent or any Second Priority Secured Party to keep the Second Priority Agent or any Second Priority Secured Party informed of, and the Senior Lenders, each Second-Second Priority Agent and the Second-Second Priority Secured Parties shall each not be responsible for keeping themselves informed of entitled to rely on the First Lien Agents or the Senior Lenders with respect to, (a) the financial condition of the Company and the Subsidiaries and all endorsers and/or guarantors of the Second-Second Priority Claims or the Senior Lender Claims and (b) all other circumstances bearing upon the risk of nonpayment of the Second-Second Priority Claims or the Senior Lender Claims. The Intercreditor AgentFirst Lien Agents, the Senior Lenders, each Second-Second Priority Agent and the Second-Second Priority Secured Parties shall have no 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 Intercreditor any First Lien Agent, any Senior Lender, any Second-Second Priority Agent or any Second-Second Priority 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 the Intercreditor AgentFirst Lien Agents, the Senior Lenders, the Second-Second Priority Agents and the Second-Second Priority 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, (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 the Subsidiaries. The Intercreditor AgentNeither the First Lien Agent nor any Senior Lender shall have any obligation to the Second Priority Agent or any Second Priority Secured Party to keep the Second Priority Agent or any Second Priority Secured Party informed of, and the Senior Lenders, each Second-Second Priority Agent and the Second-Second Priority Secured Parties shall each not be responsible for keeping themselves informed of entitled to rely on the First Lien Agent or the Senior Lenders with respect to, (a) the financial condition of the Company and the Subsidiaries and all endorsers and/or guarantors of the Second-Second Priority Claims or the Senior Lender Claims and (b) all other circumstances bearing upon the risk of nonpayment of the Second-Second Priority Claims or the Senior Lender Claims. The Intercreditor First Lien Agent, the Senior Lenders, each Second-Second Priority Agent and the Second-Second Priority Secured Parties shall have no 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 Intercreditor First Lien Agent, any Senior Lender, any Second-Second Priority Agent or any Second-Second Priority 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 the Intercreditor First Lien Agent, the Senior Lenders, the Second-Second Priority Agents and the Second-Second Priority 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, (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 the Subsidiaries. The Intercreditor AgentNeither the First Lien Agent nor any Senior Lender shall have any obligation to the Second Priority Agent or any Second Priority Secured Party to keep the Second Priority Agent or any Second Priority Secured Party informed of, and the Senior Lenders, each Second-Second Priority Agent and the Second-Second Priority Secured Parties shall each not be responsible for keeping themselves informed of entitled to rely on the First Lien Agent or the Senior Lenders with respect to (a) the financial condition of the Company and the Subsidiaries and all endorsers and/or guarantors of the Second-Second Priority Claims or the Senior Lender Claims and or (b) all any other circumstances bearing upon the risk of nonpayment of the Second-Second Priority Claims or the Senior Lender Claims. The Intercreditor First Lien Agent, the Senior Lenders, each Second-the Second Priority Agent and the Second-Second Priority Secured Parties shall have no 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 Intercreditor First Lien Agent, any Senior Lender, any Second-the Second Priority Agent or any Second-Second Priority 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 the Intercreditor First Lien Agent, the Senior Lenders, the Second-Second Priority Agents Agent and the Second-Second Priority 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, (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 the Subsidiaries. The Intercreditor First Lien Collateral Agent, the Senior LendersFirst Lien Secured Parties, the Junior Lien Collateral Agent, each Second-Priority Agent Junior Lien Representative and the Second-Priority Junior Lien Secured Parties shall each be responsible for keeping themselves informed of (a) the financial condition of the Company and the Subsidiaries and all endorsers and/or guarantors of the Second-Priority Claims First Lien Obligations or the Senior Lender Claims Junior Lien Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the Second-Priority Claims First Lien Obligations or the Senior Lender ClaimsJunior Lien Obligations. The Intercreditor First Lien Collateral Agent, the Senior LendersFirst Lien Secured Parties, the Junior Lien Collateral Agent, each Second-Priority Agent Junior Lien Representative and the Second-Priority Junior Lien Secured Parties shall have no 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 Intercreditor First Lien Collateral Agent, any Senior Lender, any Second-Priority Agent or any Second-Priority First Lien Secured Party, in its the Junior Lien Collateral Agent, any Junior Lien Representative or their sole discretionany Junior Lien Secured Party, 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 the Intercreditor First Lien Collateral Agent, the Senior LendersFirst Lien Secured Parties, the Second-Priority Agents Junior Lien Collateral Agent, the Junior Lien Representatives and the Second-Priority Junior Lien 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, (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 the Subsidiaries. The Intercreditor AgentNone of the Priority Lien Secured Parties, the Senior Lenders, each Second-Priority Agent and Parity Lien Secured Parties or the Second-Priority Junior Lien Secured Parties shall each be responsible for keeping themselves informed have any duty to inform the other parties of (a) the financial condition of the Company and the its Subsidiaries and all endorsers and/or or guarantors of the Second-Priority Claims Lien Obligations, the Parity Lien Obligations or the Senior Lender Claims and Junior Lien Obligations or (b) all any other circumstances bearing upon the risk of nonpayment of the Second-Priority Claims Lien Obligations, the Parity Lien Obligations or the Senior Lender ClaimsJunior Lien Obligations. The Intercreditor AgentPriority Lien Secured Parties, the Senior Lenders, each Second-Priority Agent Parity Lien Secured Parties and the Second-Priority Junior Lien Secured Parties shall have no duty to advise any other party hereunder Secured Party of information known to it or them regarding such condition or any such circumstances or otherwise. In the event that the Intercreditor Agentany Priority Lien Secured Party, any Senior Lender, any Second-Priority Agent Parity Lien Secured Party or any Second-Priority Junior 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 partySecured Party, it or they shall be under no obligation to (wi) to make, and the Intercreditor AgentPriority Lien Secured Parties, the Senior Lenders, the Second-Priority Agents Parity Lien Secured Parties and the Second-Priority Junior Lien Secured Parties shall not makemake or be deemed 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, (xii) to provide any additional information or to provide any such information on any subsequent occasion, (yiii) to undertake any investigation or (ziv) 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 the Subsidiaries. The Intercreditor Agent, the Senior Lenders, each Second-Priority Agent and the Second-Priority Secured Parties (other than the Trustee and Collateral Agent) shall each be responsible for keeping themselves informed of (a) the financial condition of the Company and the Subsidiaries and all endorsers and/or guarantors of the Second-Priority Claims or the Senior Lender Claims and (b) all other circumstances bearing upon the risk of nonpayment of the Second-Priority Claims or the Senior Lender Claims. The Intercreditor Agent, the Senior Lenders, each Second-Priority Agent and the Second-Priority Secured Parties shall have no 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 Intercreditor Agent, any Senior Lender, any Second-Priority Agent or any Second-Priority 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 the Intercreditor Agent, the Senior Lenders, the Second-Priority Agents and the Second-Priority 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, (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 the Subsidiaries. The Intercreditor Agent, the Senior Lenders, each SecondFirst-Priority Lien Agent and the Second-Priority Secured Parties Senior Lenders shall each be responsible for keeping themselves informed of (a) the financial condition of the Company and the Subsidiaries and all endorsers and/or guarantors of the Second-Priority Claims or the Senior Lender Claims and (b) all other circumstances bearing upon the risk of nonpayment of the Second-Priority Claims or the Senior Lender Claims. The Intercreditor Agent, the Senior Lenders, each Second-Priority Agent and the Second-Priority Secured Parties Noteholders shall have no duty to advise any other party hereunder the First-Lien Agent or the Senior Lenders of information known to it or them regarding such condition or any such circumstances or otherwise. In the event that the Intercreditor Agent, any Senior Lender, any SecondFirst-Priority Lien Agent or any Second-Priority Secured Partyof the Senior Lenders, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to the Trustee, any other partyagent, trustee or representative for Parity Lien Debt, the Parity Lien Collateral Agent or any Noteholder or the Trustee, any other agent, trustee or representative for Parity Lien Debt, the Parity Lien Collateral Agent or any Noteholder, 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 of the Senior Lenders, it or they shall be under no obligation (w) to make, and the Intercreditor AgentFirst-Lien Agent and the Senior Lenders or the Trustee, any other agent, trustee or representative for Parity Lien Debt, the Senior Lenders, the Second-Priority Agents Parity Lien Collateral Agent and the Second-Priority Secured Parties Noteholders, as the case may be, 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 that, pursuant to accepted or reasonable commercial finance practices, such party wishes to maintain confidential or is otherwise required to maintain confidential.