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 ABL Collateral Agent, the ABL Secured Parties, the Term Loan Collateral Agent and the Term Loan Secured Parties shall each be responsible for keeping themselves informed of (a) the financial condition of the Company and the Grantors and all endorsers and/or guarantors of the ABL Obligations or the Term Loan Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the ABL Obligations or the Term Loan Obligations. The ABL Collateral Agent, the ABL Secured Parties, the Term Loan Collateral Agent and the 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 the ABL Collateral Agent, any ABL Secured Party, the Term Loan Collateral Agent or any 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 ABL Collateral Agent, the ABL Secured Parties, the Term Loan Collateral Agent and the 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. The ABL Collateral Agent, Neither the ABL Secured Parties, the Agent nor any ABL Lender shall have any obligation to any Term Loan Collateral Agent or any Term Loan Lender to keep any Term Loan Agent or any Term Loan Lender informed of, and each Term Loan Agent and the Term Loan Secured Parties 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 Grantors Subsidiaries and all endorsers and/or guarantors of the ABL Obligations Claims or the Term Loan Obligations Claims and (b) all other circumstances bearing upon the risk of nonpayment of the ABL Obligations Claims or the Term Loan ObligationsClaims. No Term Loan Agent or any Term Loan Lender shall have any obligation to the ABL Agent or any ABL Lender to keep the ABL Agent or any ABL Lender informed of, and the ABL Agent and the ABL Lenders shall not be entitled to rely on, any Term Loan Agent or the Term Loan Lenders with respect to, (a) the financial condition of the Company and the Subsidiaries and all endorsers and/or guarantors of the ABL Claims or the Term Loan Claims and (b) all other circumstances bearing upon the risk of nonpayment of the ABL Claims or the Term Loan Claims. The ABL Collateral Agent, the ABL Secured PartiesLenders, the Term Loan Collateral Agent Agents and the Term Loan Secured Parties 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 ABL Collateral Agent, any ABL Secured PartyLender, the any Term Loan Collateral Agent or any Term Loan Secured PartyLender, 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 ABL Collateral Agent, the ABL Secured PartiesLenders, the Term Loan Collateral Agent Agents and the Term Loan 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, (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 AgentAgents, any other ABL Secured Party Lender or any other Term Loan Secured Party Lender may be shared by such Person person with any ABL Secured Party, any Term Loan Secured Party, of the ABL Collateral Agent or the Term Loan Collateral Agent other Lenders notwithstanding any a request or demand by such Grantor that such information be kept confidential; provided, 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. The ABL First-Lien Agent and the Senior Lenders, on the one hand, and the Parity Lien Collateral Agent, the ABL Secured PartiesTrustee, the Term Loan Collateral Agent any other agent, trustee or representative for Parity Lien Debt and the Term Loan Secured Parties Noteholders, on the other hand, shall each be responsible for keeping themselves informed of (a) the financial condition of the Company and the Grantors Subsidiaries and all endorsers and/or guarantors of the ABL Obligations Parity Lien Claims or the Term Loan Obligations Senior Lender Claims and (b) all other circumstances bearing upon the risk of nonpayment of the ABL Obligations Parity Lien Claims or the Term Loan ObligationsSenior Lender Claims. The ABL Collateral Agent, the ABL Secured Parties, the Term Loan Collateral First-Lien Agent and the Term Loan 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 the ABL Collateral Agent, any ABL Secured Party, the Term Loan Collateral First-Lien Agent or any Term Loan 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 ABL Collateral AgentFirst-Lien Agent and the Senior Lenders or the Trustee, any other agent, trustee or representative for Parity Lien Debt, the ABL Secured Parties, the Term Loan Parity Lien Collateral Agent and the Term Loan 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. 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. The ABL Collateral AgentNeither any First Lien Agent nor any First Lien Secured Party shall have any obligation to any Second Lien Agent or any Second Lien Secured Party to keep the Second Lien Agent or any Second Lien Secured Party informed of, the ABL Secured Parties, the Term Loan Collateral Agent and the Term Loan Second Lien Agents and the Second Lien Secured Parties shall each not be responsible for keeping themselves informed of entitled to rely on the First Lien Agents or the First Lien Secured Parties with respect to, (a) the financial condition of Holdings, the Company and the Grantors its Subsidiaries and all endorsers endorsers, pledgors and/or guarantors of the ABL Second Lien Obligations or the Term Loan First Lien Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the ABL Second Lien Obligations or the Term Loan First Lien Obligations. Neither any Second Lien Agent nor any Second Lien Secured Party shall have any obligation to any First Lien Agent or any First Lien Secured Party to keep the First Lien Agent or any First Lien Secured Party informed of, and the First Lien Agents and the First Lien Secured Parties shall not be entitled to rely on the Second Lien Agents or the Second Lien Secured Parties with respect to, (a) the financial condition of Holdings, 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 ABL Collateral AgentFirst Lien Agents, the ABL First Lien Secured Parties, the Term Loan Collateral Agent Second Lien Agents and the Term Loan 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 ABL Collateral any First Lien Agent, any ABL First Lien Secured Party, the Term Loan Collateral any Second Lien Agent or any Term Loan 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 ABL Collateral AgentFirst Lien Agents, the ABL First Lien Secured Parties, the Term Loan Collateral Agent Second Lien Agents and the Term Loan 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. 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. The ABL Collateral AgentNeither any First Lien Agent nor any Senior 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, the ABL Secured Parties, the Term Loan Collateral Agent and the Term Loan 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 Grantors Subsidiaries and all endorsers endorsers, pledgors and/or guarantors of the ABL Obligations Second Priority Claims or the Term Loan Obligations Senior Lender Claims and (b) all other circumstances bearing upon the risk of nonpayment of the ABL Obligations Second Priority Claims or the Term Loan ObligationsSenior 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 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 ABL Collateral AgentFirst Lien Agents, the ABL Secured PartiesSenior Lenders, the Term Loan Collateral each Second Priority Agent and the Term Loan 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 ABL Collateral any First Lien Agent, any ABL Secured PartySenior Lender, the Term Loan Collateral any Second Priority Agent or any Term Loan 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 ABL Collateral AgentFirst Lien Agents, the ABL Secured PartiesSenior Lenders, the Term Loan Collateral Agent Second Priority Agents and the Term Loan 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. 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.