Common use of INFORMATION REPORTING, ETC Clause in Contracts

INFORMATION REPORTING, ETC. The Borrower shall deliver to the Purchasers (i) all statements, reports, analysis or findings of financial advisors and other representatives of the company and all other written materials and information provided by the Borrower or any of its Subsidiaries or Affiliates to the agents or lenders under the BST Credit Agreement or the Senior Credit Agreement substantially contemporaneously with (and in any event within one calendar day of) delivery of any such materials to any agents or lenders under the BST Credit Agreement or the Senior Credit Agreement, and (ii) all term sheets, waivers, forbearances, restructuring proposals or other negotiation materials or correspondence related to any waiver, restructuring or refinancing under the BST Credit Agreement or the Senior Credit Agreement (other than (A) independent reports and analyses prepared by the lenders under the BST Credit Agreement or the Senior Credit Agreement or their advisors to the extent the Borrower is prohibited from disclosing such materials pursuant to confidentiality restrictions which the Borrower entered into upon not less than two (2) Business Days’ prior written notice to the Collateral Agent and after making a good faith effort to exclude the Purchasers from application thereof and (B) materials the Borrower is prohibited from disclosing pursuant to confidentiality restrictions entered into with the prior written consent of the Required Holders) substantially contemporaneously with (and in any event within one calendar day of) delivery of any such materials to (or receipt of any such materials from) any agents or lenders under the BST Credit Agreement or the Senior Credit Agreement (such information and materials under clauses (i) and (ii) the “Specified Materials”). The Borrowers shall furthermore cause the Purchasers to have access, at all times during reasonable business hours that the Collateral Agent or Purchasers may request, to any physical or electronic data room made available to the agent or lenders under the BST Credit Agreement or the Senior Credit Agreement.

INFORMATION REPORTING, ETC. The Borrower shall deliver to the Purchasers (i) all statements, reports, analysis or findings of financial advisors and other representatives of the company and all other written materials and information provided by the Borrower or any of its Subsidiaries or Affiliates to the agents or lenders under the BST Credit Agreement or the Senior Credit Agreement substantially contemporaneously with (and in any event within one calendar day of) delivery of any such materials to any agents or lenders under the BST Credit Agreement or the Senior Credit Agreement, and (ii) all term sheets, waivers, forbearances, restructuring proposals or other negotiation materials or correspondence related to any waiver, restructuring or refinancing under the BST Credit Agreement or the Senior Credit Agreement (other than (A) independent reports and analyses prepared by the lenders under the BST Credit Agreement or the Senior Credit Agreement or their advisors to the extent the Borrower is prohibited from disclosing such materials pursuant to confidentiality restrictions which the Borrower entered into upon not less than two (2) Business Days’ prior written notice to the Collateral Agent and after making a good faith effort to exclude the Purchasers from application thereof and (B) materials the Borrower is prohibited from disclosing pursuant to confidentiality restrictions entered into with the prior written consent of the Required Holders) substantially contemporaneously with (and in any event within one calendar day of) delivery of any such materials to (or receipt of any such materials from) any agents or lenders under the BST Credit Agreement and (iii) on or the Senior Credit Agreement before May 1, 2009, each item listed on Schedule I attached hereto (such information and materials under clauses (i), (ii) and (ii) iii), the “Specified BST Materials”). The Borrowers shall furthermore cause the Purchasers to have access, at all times during reasonable business hours that the Collateral Agent or Purchasers may request, to any physical or electronic data room made available to the agent or lenders under the BST Credit Agreement or the Senior Credit Agreement.

INFORMATION REPORTING, ETC. The Borrower shall deliver to the Purchasers (i) all statements, reports, analysis or findings of financial advisors and other representatives of the company and all other written materials and information provided by the Borrower or any of its Subsidiaries or Affiliates to the agents or lenders under the BST Credit Agreement or the Senior Credit Agreement substantially contemporaneously with (and in any event within one calendar day of) delivery of any such materials to any agents or lenders under the BST Credit Agreement or the Senior Credit Agreement, and (ii) all term sheets, waivers, forbearances, restructuring proposals or other negotiation materials or correspondence related to any waiver, restructuring or refinancing under the BST Credit Agreement or the Senior Credit Agreement (other than (A) independent reports and analyses prepared by the lenders under the BST Credit Agreement or the Senior Credit Agreement or their advisors to the extent the Borrower is prohibited from disclosing such materials pursuant to confidentiality restrictions which the Borrower entered into upon not less than two (2) Business Days’ prior written notice to the Collateral Agent and after making a good faith effort to exclude the Purchasers from application thereof and (B) materials the Borrower is prohibited from disclosing pursuant to confidentiality restrictions entered into with the prior written consent of the Required Holders) substantially contemporaneously with (and in any event within one calendar day of) delivery of any such materials to (or receipt of any such materials from) any agents or lenders under the BST Credit Agreement or the Senior Credit Agreement (such information and materials under clauses (i) and (ii) the “Specified BST Materials”). The Borrowers shall furthermore cause the Purchasers to have access, at all times during reasonable business hours that the Collateral Agent or Purchasers may request, to any physical or electronic data room made available to the agent or lenders under the BST Credit Agreement or the Senior Credit Agreement.

INFORMATION REPORTING, ETC. The Borrower shall deliver to the Purchasers (i) all statements, reports, analysis or findings of financial advisors and other representatives of the company and all other written materials and information provided by the Borrower or any of its Subsidiaries or Affiliates to the agents or lenders under the BST Credit Agreement or the Senior Credit Agreement substantially contemporaneously with (and in any event within one calendar day of) delivery of any such materials to any agents or lenders under the BST Credit Agreement or the Senior Credit Agreement, and (ii) all term sheets, waivers, forbearances, restructuring proposals or other negotiation materials or correspondence related to any waiver, restructuring or refinancing under the BST Credit Agreement or the Senior Credit Agreement (other than (A) independent reports and analyses prepared by the lenders under the BST Credit Agreement or the Senior Credit Agreement or their advisors to the extent the Borrower is prohibited from disclosing such materials pursuant to confidentiality restrictions which the Borrower entered into upon not less than two (2) Business Days’ prior written notice to the Collateral Agent and after making a good faith effort to exclude the Purchasers from application thereof and thereof, (B) materials the Borrower is prohibited from disclosing pursuant to confidentiality restrictions entered into with the prior written consent of the Required HoldersHolders and (C) materials that have been provided by members of the BST Group and are not available to the Borrower or its other Affiliates or Subsidiaries) substantially contemporaneously with (and in any event within one calendar day of) delivery of any such materials to (or receipt of any such materials from) any agents or lenders under the BST Credit Agreement or the Senior Credit Agreement (such information and materials under clauses (i) and (ii) the “Specified Materials”). The Borrowers shall furthermore cause the Purchasers to have access, at all times during reasonable business hours that the Collateral Agent or Purchasers may request, to any physical or electronic data room made available to the agent or lenders under the BST Credit Agreement or the Senior Credit Agreement.