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. Neither 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 Second Priority Agent and the Second Priority Secured Parties shall not be 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, pledgors 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. Neither any Second Priority Agent nor any Second Priority Secured Party shall have any obligation to any First Lien Agent or any Senior Lender to keep any First Lien Agent or any Senior Lender informed of, and the First Lien Agents and the Senior Lenders shall not be entitled to rely on the Second Priority Agents or the Second Priority Secured Parties with respect to, (a) the financial condition of the Company and the Subsidiaries and all endorsers, pledgors 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 First Lien Agents, 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 any First Lien 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 First Lien Agents, 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. Neither any First Lien Agent nor any Senior Lender shall have any obligation to The ABL Collateral Agent, the Second Priority Agent or any Second Priority ABL Secured Party to keep Parties, the Second Priority Agent or any Second Priority Secured Party informed of, and the Second Priority Term Loan Collateral Agent and the Second Priority Term Loan Secured Parties shall not each be entitled to rely on the First Lien Agents or the Senior Lenders with respect to, responsible for keeping themselves informed of (a) the financial condition of the Company and the Subsidiaries Grantors and all endorsers, pledgors endorsers and/or guarantors of the Second Priority Claims ABL Obligations or the Senior Lender Claims Term Loan Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the Second Priority Claims ABL Obligations or the Senior Lender Claims. Neither any Second Priority Agent nor any Second Priority Secured Party shall have any obligation to any First Lien Agent or any Senior Lender to keep any First Lien Agent or any Senior Lender informed of, and the First Lien Agents and the Senior Lenders shall not be entitled to rely on the Second Priority Agents or the Second Priority Secured Parties with respect to, (a) the financial condition of the Company and the Subsidiaries and all endorsers, pledgors 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 ClaimsTerm Loan Obligations. The First Lien AgentsABL Collateral Agent, the Senior LendersABL Secured Parties, each Second Priority the Term Loan Collateral Agent and the Second Priority Term Loan 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 any First Lien the ABL Collateral Agent, any Senior LenderABL Secured Party, any Second Priority the Term Loan Collateral Agent or any Second Priority Term Loan 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 First Lien AgentsABL Collateral Agent, the Senior LendersABL Secured Parties, the Second Priority Agents Term Loan Collateral Agent and the Second Priority Term Loan 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. The Grantors agree that any information provided to the ABL Collateral Agent, the Term Loan Collateral Agent, any ABL Secured Party or any Term Loan Secured Party may be shared by such Person with any ABL Secured Party, any Term Loan Secured Party, the ABL Collateral Agent or the Term Loan Collateral Agent notwithstanding any 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 Agreement, as applicable.

Information Concerning Financial Condition of the Company and the Subsidiaries. Neither any First Lien the ABL Agent nor any Senior ABL Lender shall have any obligation to the Second Priority any Term Loan Agent or any Second Priority Secured Party Term Loan Lender to keep the Second Priority any Term Loan Agent or any Second Priority Secured Party Term Loan Lender informed of, and the Second Priority each Term Loan Agent and the Second Priority Secured Parties Term Loan Lenders shall not be entitled to rely on on, the First Lien Agents ABL Agent or the Senior ABL Lenders with respect to, (a) the financial condition of the Company and the Subsidiaries and all endorsers, pledgors 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. Neither No Term Loan Agent or any Second Priority Agent nor any Second Priority Secured Party Term Loan Lender shall have any obligation to any First Lien the ABL Agent or any Senior ABL Lender to keep any First Lien the ABL Agent or any Senior ABL Lender informed of, and the First Lien Agents ABL Agent and the Senior ABL Lenders shall not be entitled to rely on the Second Priority Agents on, any Term Loan Agent or the Second Priority Secured Parties Term Loan Lenders with respect to, (a) the financial condition of the Company and the Subsidiaries and all endorsers, pledgors 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 First Lien AgentsABL 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 any First Lien the 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 First Lien AgentsABL 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 Agreement, as applicable.

Information Concerning Financial Condition of the Company and the Subsidiaries. Neither any First Lien Agent nor any Senior Lender First Lien Secured Party shall have any obligation to the any Second Priority Lien Agent or any Second Priority Lien Secured Party to keep the Second Priority Lien Agent or any Second Priority Lien Secured Party informed of, and the Second Priority Agent Lien Agents and the Second Priority Lien Secured Parties shall not be entitled to rely on the First Lien Agents or the Senior Lenders First Lien Secured Parties with respect to, (a) the financial condition of Holdings, the Company and the its Subsidiaries and all endorsers, pledgors and/or guarantors of the Second Priority Claims Lien Obligations or the Senior Lender Claims First Lien Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the Second Priority Claims Lien Obligations or the Senior Lender ClaimsFirst Lien Obligations. Neither any Second Priority Lien Agent nor any Second Priority Lien Secured Party shall have any obligation to any First Lien Agent or any Senior Lender First Lien Secured Party to keep any the First Lien Agent or any Senior Lender First Lien Secured Party informed of, and the First Lien Agents and the Senior Lenders First Lien Secured Parties shall not be entitled to rely on the Second Priority Lien Agents or the Second Priority Lien Secured Parties with respect to, (a) the financial condition of Holdings, the Company and the its Subsidiaries and all endorsers, pledgors 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 First Lien Agents, the Senior LendersFirst Lien Secured Parties, each the Second Priority Agent Lien Agents and the Second 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 any First Lien Agent, any Senior LenderFirst Lien Secured Party, any Second Priority Lien Agent or any Second 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 (w) to make, and the First Lien Agents, the Senior LendersFirst Lien Secured Parties, the Second Priority Lien Agents and the Second Priority 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. Neither any First Lien Agent nor any Senior Lender shall have any obligation to the 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 Priority Agent Agents and the Second Priority Secured Parties shall not be 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, pledgors 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. Neither any Second Priority Agent nor any Second Priority Secured Party shall have any obligation to any First Lien Agent or any Senior Lender to keep any the First Lien Agent or any Senior Lender informed of, and the First Lien Agents and the Senior Lenders shall not be entitled to rely on the Second Priority Agents or the Second Priority Secured Parties with respect to, (a) the financial condition of the Company and the Subsidiaries and all endorsers, pledgors 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 First Lien Agents, 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 any First Lien 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 First Lien Agents, 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. Neither any First The First-Lien Agent nor any and the Senior Lender shall have any obligation to Lenders, on the Second Priority Agent or any Second Priority Secured Party to keep the Second Priority Agent or any Second Priority Secured Party informed ofone hand, and the Second Priority Agent Parity Lien Collateral Agent, the Trustee, any other agent, trustee or representative for Parity Lien Debt and the Second Priority Secured Parties shall not be entitled to rely Noteholders, on the First Lien Agents or the Senior Lenders with respect toother hand, shall each be responsible for keeping themselves informed of (a) the financial condition of the Company and the Subsidiaries and all endorsers, pledgors endorsers and/or guarantors of the Second Priority Parity Lien 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. Neither any Second Priority Agent nor any Second Priority Secured Party shall have any obligation to any First Parity Lien Agent or any Senior Lender to keep any First Lien Agent or any Senior Lender informed of, and the First Lien Agents and the Senior Lenders shall not be entitled to rely on the Second Priority Agents or the Second Priority Secured Parties with respect to, (a) the financial condition of the Company and the Subsidiaries and all endorsers, pledgors 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 First First-Lien Agents, the Senior Lenders, each Second Priority Agent and the Second Priority Secured Parties Senior Lenders shall have no duty to advise the Trustee, any other party hereunder agent, trustee or representative for Parity Lien Debt, the Parity Lien Collateral Agent or any Noteholder of information known to it or them regarding such condition or any such circumstances or otherwise and the Trustee, any other agent, trustee or representative for Parity Lien Debt, the Parity Lien 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 any First the First-Lien Agent, any Senior Lender, any Second Priority 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 First First-Lien AgentsAgent 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.