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 the ABL Agent nor any ABL Lender shall have any obligation to any Term Loan 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 Lenders shall not be 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 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. 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 Agent, the ABL Lenders, the Term Loan Agents and the 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 ABL Agent, any ABL Lender, any Term Loan Agent or any Term 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 party (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 Agent, the ABL Lenders, the Term Loan Agents and the 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 the ABL any First Lien Agent nor any ABL Senior Lender shall have any obligation to any Term Loan Second Priority Agent or any Term Loan Lender Second Priority Secured Party to keep any Term Loan the Second Priority Agent or any Term Loan Lender Second Priority Secured Party informed of, and each Term Loan Agent the Second Priority Agents and the Term Loan Lenders Second Priority Secured Parties shall not be entitled to rely on, on the ABL Agent First Lien Agents or the ABL 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 ABL Second Priority Claims or the Term Loan Senior Lender Claims and (b) all other circumstances bearing upon the risk of nonpayment of the ABL Second Priority Claims or the Term Loan Senior Lender Claims. No Term Loan Neither any Second Priority Agent or nor any Term Loan Lender Second Priority Secured Party shall have any obligation to the ABL any First Lien Agent or any ABL Senior Lender to keep the ABL First Lien Agent or any ABL Senior Lender informed of, and the ABL Agent First Lien Agents and the ABL Senior Lenders shall not be entitled to rely on, any Term Loan Agent on the Second Priority Agents or the Term Loan Lenders Second Priority Secured Parties with respect to, (a) the financial condition of the Company and the Subsidiaries and all endorsers endorsers, pledgors and/or guarantors of the ABL Second Priority Claims or the Term Loan Senior Lender Claims and (b) all other circumstances bearing upon the risk of nonpayment of the ABL Second Priority Claims or the Term Loan Senior Lender Claims. The ABL AgentFirst Lien Agents, the ABL Senior Lenders, the Term Loan Agents each Second Priority Agent and the Term Loan Lenders 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 any First Lien Agent, any ABL Senior Lender, any Term Loan Second Priority Agent or any Term Loan LenderSecond 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 (and the Company acknowledges that any such party may do so)party, it or they shall be under no obligation (w) to make, and the ABL AgentFirst Lien Agents, the ABL Senior Lenders, the Term Loan Second Priority Agents and the Term Loan Lenders 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 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 the ABL Agent nor any ABL Lender shall have any obligation to any Term Loan Agent or any Term Loan Lender to keep any Term Loan Agent or any Term Loan Lender informed of, and each Term Loan The First-Lien Agent and the Term Loan Lenders shall not be entitled to rely onSenior Lenders, on the one hand, and the Parity Lien Collateral Agent, the ABL Agent Trustee, any other agent, trustee or representative for Parity Lien Debt and the ABL Lenders with respect toNoteholders, 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 ABL Parity Lien Claims or the Term Loan Senior Lender Claims and (b) all other circumstances bearing upon the risk of nonpayment of the ABL Parity Lien Claims or the Term Loan Senior Lender Claims. 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 The First-Lien 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 Agent, the ABL Lenders, the Term Loan Agents and the Term Loan 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 Agent, any ABL Lender, any Term Loan First-Lien Agent or any Term Loan Lenderof 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 party (and agent, trustee or representative for Parity Lien Debt, the Company acknowledges that 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 party may do so)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 AgentFirst-Lien Agent and the Senior Lenders or the Trustee, any other agent, trustee or representative for Parity Lien Debt, the ABL Lenders, the Term Loan Agents Parity Lien Collateral Agent and the Term Loan Lenders 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 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 the ABL any First Lien Agent nor any ABL Lender First Lien Secured Party shall have any obligation to any Term Loan Second Lien Agent or any Term Loan Lender Second Lien Secured Party to keep any Term Loan the Second Lien Agent or any Term Loan Lender Second Lien Secured Party informed of, and each Term Loan Agent the Second Lien Agents and the Term Loan Lenders Second Lien Secured Parties shall not be entitled to rely on, on the ABL Agent First Lien Agents or the ABL Lenders First Lien Secured Parties with respect to, (a) the financial condition of Holdings, the Company and the its Subsidiaries and all endorsers endorsers, pledgors and/or guarantors of the ABL Claims Second Lien Obligations or the Term Loan Claims First Lien Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the ABL Claims Second Lien Obligations or the Term Loan ClaimsFirst Lien Obligations. No Term Loan Neither any Second Lien Agent or nor any Term Loan Lender Second Lien Secured Party shall have any obligation to the ABL any First Lien Agent or any ABL Lender First Lien Secured Party to keep the ABL First Lien Agent or any ABL Lender First Lien Secured Party informed of, and the ABL Agent First Lien Agents and the ABL Lenders First Lien Secured Parties shall not be entitled to rely on, any Term Loan Agent on the Second Lien Agents or the Term Loan Lenders Second Lien Secured Parties with respect to, (a) the financial condition of Holdings, the Company and the its Subsidiaries and all endorsers endorsers, pledgors and/or guarantors of the ABL Claims First Lien Obligations or the Term Loan Claims Second Lien Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the ABL Claims First Lien Obligations or the Term Loan ClaimsSecond Lien Obligations. The ABL AgentFirst Lien Agents, the ABL LendersFirst Lien Secured Parties, the Term Loan Second Lien Agents and the Term Loan Lenders 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 any First Lien Agent, any ABL LenderFirst Lien Secured Party, any Term Loan Second Lien Agent or any Term Loan LenderSecond 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 (and the Company acknowledges that any such party may do so)party, it or they shall be under no obligation (w) to make, and the ABL AgentFirst Lien Agents, the ABL LendersFirst Lien Secured Parties, the Term Loan Second Lien Agents and the Term Loan Lenders 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 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.