Common use of IT Systems Clause in Contracts

IT Systems. (i)(x) To the knowledge of Company, there has been no material security breach or other material compromise of any of the Company’s or its subsidiaries’ information technology and computer systems, networks, hardware, software, data (including the data of their respective customers, employees, suppliers, vendors and any third party data maintained by or on behalf of them), equipment or technology (collectively, “IT Systems and Data”) and (y) the Company has not been notified of, and has no knowledge of any event or condition that would reasonably be expected to result in, any material security breach or other material compromise to its or its subsidiaries’ IT Systems and Data; (ii) the Company is presently in material compliance with all applicable laws or statutes and all judgments, orders, rules and regulations of any court or arbitrator or governmental or regulatory authority, internal policies and contractual obligations relating to the privacy and security of IT Systems and Data and to the protection of such IT Systems and Data from unauthorized use, access, misappropriation or modification, except as would not, in the case of this clause (ii), individually or in the aggregate, have a Material Adverse Effect; and (iii) the Company has implemented backup and disaster recovery technology consistent with industry standards and practices. Any certificate signed by an officer of the Company and delivered to the Agent or to counsel for the Agent pursuant to or in connection with this Agreement shall be deemed to be a representation and warranty by the Company, as applicable, to the Agent as to the matters set forth therein.

IT Systems. (i)(x) To the knowledge of Company, there i)(x)There has been no material security breach or attack or other material compromise of or relating to any of the Company’s or and its subsidiaries’ information technology and computer systems, networks, hardware, software, data (including the data of their respective customers, employees, suppliers, vendors and any third party data maintained by or on behalf of them), equipment or technology (collectively, “IT Systems and Data”) ), and (y) the Company has and its subsidiaries have not been notified of, and has have no knowledge of any event or condition that would reasonably be expected to result inin any security breach, any material security breach attack or other material compromise to its or its subsidiaries’ their IT Systems and Data; , (ii) the Company is and each of its subsidiaries have complied, and are presently in material compliance with with, all applicable laws laws, statutes or statutes and all judgmentsany judgment, ordersorder, rules and regulations rule or regulation of any court or arbitrator or governmental or regulatory authorityauthority and all industry guidelines, standards, internal policies and contractual obligations relating to the privacy and security of IT Systems and Data and to the protection of such IT Systems and Data from unauthorized use, access, misappropriation or modification, except as would not, in the case of this clause (ii), individually or in the aggregate, have a Material Adverse Effect; modification and (iii) the Company has and each of its subsidiaries have implemented backup and disaster recovery technology consistent with industry standards and practicespractice. Any certificate signed by an officer of the Company and delivered to the Agent or to counsel for the Agent pursuant to or in connection with by the express terms of this Agreement shall be deemed to be a representation and warranty by the Company, as applicable, to the Agent as to the matters set forth therein.

IT Systems. (i)(x) To the knowledge of Company, there has been no material security breach or other material compromise of any of the Company’s or its subsidiaries’ information technology and computer systems, networks, hardware, software, data (including the data of their respective customers, employees, suppliers, vendors and any third party data maintained by or on behalf of them), equipment or technology (collectively, “IT Systems and Data”) and (y) the Company has not been notified of, and has no knowledge of any event or condition that would reasonably be expected to result in, any material security breach or other material compromise to its or its subsidiaries’ IT Systems and Data; (ii) the Company is presently in material compliance with all applicable laws or statutes and all judgments, orders, rules and regulations of any court or arbitrator or governmental or regulatory authority, internal policies and contractual obligations relating to the privacy and security of IT Systems and Data and to the protection of such IT Systems and Data from unauthorized use, access, misappropriation or modification, except as would not, in the case of this clause (ii), individually or in the aggregate, have a Material Adverse Effect; and (iii) the Company has implemented backup and disaster recovery technology consistent with industry standards and practices. Any certificate signed by an officer of the Company and delivered to the Agent BTIG or to counsel for the Agent BTIG pursuant to or in connection with this Agreement shall be deemed to be a representation and warranty by the Company, as applicable, Company to the Agent BTIG as to the matters set forth therein as of the date or dates indicated therein.

IT Systems. (i)(x) To the knowledge of Company, there i)(x)There has been no material security breach or attack or other material compromise of or relating to any of the Company’s or and its subsidiaries’ information technology and computer systems, networks, hardware, software, data (including the data of their respective customers, employees, suppliers, vendors and any third party data maintained by or on behalf of them), equipment or technology (collectively, “IT Systems and Data”) ), and (y) the Company has and its subsidiaries have not been notified of, and has have no knowledge of any event or condition that would reasonably be expected to result inin any security breach, any material security breach attack or other material compromise to its or its subsidiaries’ their IT Systems and Data; , (ii) the Company is and each of its subsidiaries have complied, and are presently in material compliance with with, all applicable laws laws, statutes or statutes and all judgmentsany judgment, ordersorder, rules and regulations rule or regulation of any court or arbitrator or governmental or regulatory authorityauthority and all industry guidelines, standards, internal policies and contractual obligations relating to the privacy and security of IT Systems and Data and to the protection of such IT Systems and Data from unauthorized use, access, misappropriation or modification, except as would not, in the case of this clause (ii), individually or in the aggregate, have a Material Adverse Effect; modification and (iii) the Company has and each of its subsidiaries have implemented backup and disaster recovery technology consistent with industry standards and practicespractice. Any certificate signed by an officer or on behalf of the Company and delivered to the Agent Representatives or to counsel for the Agent pursuant to or in connection with this Agreement Underwriters shall be deemed to be a representation and warranty by the Company, as applicable, Company to the Agent each Underwriter as to the matters set forth thereincovered thereby.

IT Systems. (i)(x) To the knowledge of Company, there There has been no material security breach or attack or other material compromise of or relating to any of the Company’s or and its subsidiaries’ information technology and computer systems, networks, hardware, software, data (including the data of their respective customers, employees, suppliers, vendors and any third party data maintained by or on behalf of them), equipment or technology (collectively, “IT Systems and Data”) ), and (y) the Company has and its subsidiaries have not been notified of, and has have no knowledge of any event or condition that would reasonably be expected to result inin any security breach, any material security breach attack or other material compromise to its or its subsidiaries’ their IT Systems and Data; , (ii) the Company is and each of its subsidiaries have complied, and are presently in material compliance with with, all applicable laws laws, statutes or statutes and all judgmentsany judgment, ordersorder, rules and regulations rule or regulation of any court or arbitrator or governmental or regulatory authorityauthority and all industry guidelines, standards, internal policies and contractual obligations relating to the privacy and security of IT Systems and Data and to the protection of such IT Systems and Data from unauthorized use, access, misappropriation or modification, except as would not, in the case of this clause (ii), individually or in the aggregate, have a Material Adverse Effect; modification and (iii) the Company has and each of its subsidiaries have implemented backup and disaster recovery technology consistent with industry standards and practicespractice. Any certificate signed by an officer of the Company and delivered to the Agent or to counsel for the Agent pursuant to or in connection with this Agreement shall be deemed to be a representation and warranty by the Company, as applicable, to the Agent as to the matters set forth therein.

IT Systems. (i)(xi) To the knowledge of Company, there (x)There has been no material security breach or attack or other material compromise of or relating to any of the Company’s or and its subsidiaries’ information technology and computer systems, networks, hardware, software, data (including the data of their respective customers, employees, suppliers, vendors and any third party data maintained by or on behalf of them), equipment or technology (collectively, “IT Systems and Data”) ), and (y) the Company has and its subsidiaries have not been notified of, and has have no knowledge of any event or condition that would reasonably be expected to result inin any security breach, any material security breach attack or other material compromise to its or its subsidiaries’ their IT Systems and Data; , (ii) the Company is and each of its subsidiaries have complied, and are presently in material compliance with with, all applicable laws laws, statutes or statutes and all judgmentsany judgment, ordersorder, rules and regulations rule or regulation of any court or arbitrator or governmental or regulatory authorityauthority and all industry guidelines, standards, internal policies and contractual obligations relating to the privacy and security of IT Systems and Data and to the protection of such IT Systems and Data from unauthorized use, access, misappropriation or modification, except as would not, in the case of this clause (ii), individually or in the aggregate, have a Material Adverse Effect; modification and (iii) the Company has and each of its subsidiaries have implemented backup and disaster recovery technology consistent with industry standards and practicespractice. Any certificate signed by an officer of the Company and delivered to the Agent or to counsel for the Agent pursuant to or in connection with by the express terms of this Agreement shall be deemed to be a representation and warranty by the Company, as applicable, to the Agent as to the matters set forth therein.

IT Systems. (i)(x) To the knowledge of Company, there i)(x)There has been no material security breach or attack or other material compromise of or relating to any of the Company’s or and its subsidiaries’ information technology and computer systems, networks, hardware, software, data (including the data of their respective customers, employees, suppliers, vendors and any third party data maintained by or on behalf of them), equipment or technology (collectively, “IT Systems and Data”) ), and (y) the Company has and its subsidiaries have not been notified of, and has have no knowledge of any event or condition that would reasonably be expected to result in, in any material security breach breach, attack or other material compromise to its or its subsidiaries’ their IT Systems and Data; , (ii) the Company is and its subsidiaries have materially complied, and are presently in material compliance with with, all applicable laws laws, statutes or statutes and all judgmentsany judgment, ordersorder, rules and regulations rule or regulation of any court or arbitrator or governmental or regulatory authorityauthority and all industry guidelines, standards, internal policies and contractual obligations relating to the privacy and security of IT Systems and Data and to the protection of such IT Systems and Data from unauthorized use, access, misappropriation or modification, except as would not, in the case of this clause (ii), individually or in the aggregate, have a Material Adverse Effect; modification and (iii) the Company has and its subsidiaries have implemented backup and disaster recovery technology consistent with industry standards and practicespractice. Any certificate signed by an officer of the Company and delivered to the Agent or to counsel for the Agent pursuant to or in connection with this Agreement shall be deemed to be a representation and warranty by the Company, as applicable, to the Agent as to the matters set forth therein.

IT Systems. (i)(x) To the knowledge of Company, there has been no material security breach or other material compromise of any of the Company’s or its subsidiaries’ information technology and computer systems, networks, hardware, software, data (including the data of their respective customers, employees, suppliers, vendors and any third party data maintained by or on behalf of them), equipment or technology (collectively, “IT Systems and Data”) and (y) the Company has not been notified of, and has no knowledge of any event or condition that would reasonably be expected to result in, any material security breach or other material compromise to its or its subsidiaries’ IT Systems and Data; (ii) the Company is presently in material compliance with all applicable laws or statutes and all judgments, orders, rules and regulations of any court or arbitrator or governmental or regulatory authority, internal policies and contractual obligations relating to the privacy and security of IT Systems and Data and to the protection of such IT Systems and Data from unauthorized use, access, misappropriation or modification, except as would not, in the case of this clause (ii), individually or in the aggregate, have a Material Adverse Effect; and (iii) the Company has implemented backup and disaster recovery technology consistent with industry standards and practices. Any certificate signed by an officer of the Company and delivered to the Agent Agents or to counsel for the Agent Agents pursuant to or in connection with this Agreement shall be deemed to be a representation and warranty by the Company, as applicable, Company to the Agent Agents as to the matters set forth therein as of the date or dates indicated therein.

IT Systems. (i)(x) To the knowledge of Company, there There has been no material security breach or attack or other material compromise of or relating to any of the Company’s or and its subsidiariesSubsidiaries’ information technology and computer systems, networks, hardware, software, data (including the data of their respective customers, employees, suppliers, vendors and any third party data maintained by or on behalf of them), equipment or technology (collectively, “IT Systems and Data”) ), and (y) the Company has and its Subsidiaries have not been notified of, and has have no knowledge of any event or condition that would reasonably be expected to result inin any security breach, any material security breach attack or other material compromise to its or its subsidiaries’ their IT Systems and Data; , (ii) the Company is and each of its Subsidiaries have complied, and are presently in material compliance with with, all applicable laws laws, statutes or statutes and all judgmentsany judgment, ordersorder, rules and regulations rule or regulation of any court or arbitrator or governmental or regulatory authorityauthority and all industry standards, internal policies and contractual obligations relating to the privacy and security of IT Systems and Data and to the protection of such IT Systems and Data from unauthorized use, access, misappropriation or modification, except as would not, in the case of this clause (ii), individually or in the aggregate, have a Material Adverse Effect; modification and (iii) the Company has and each of its subsidiaries have implemented backup and disaster recovery technology consistent with industry standards and practicespractice. Any certificate signed by an officer of the Company and delivered to the Agent or to counsel for the Agent pursuant to or in connection with this Agreement shall be deemed to be a representation and warranty by the Company, as applicable, to the Agent as to the matters set forth therein.

IT Systems. (i)(x) To the knowledge of Company, there i)(x)There has been no material security breach or attack or other material compromise of or relating to any of the Company’s or and its subsidiariesSubsidiaries’ information technology and computer systems, networks, hardware, software, data (including the data of their respective customers, employees, suppliers, vendors and any third party data maintained by or on behalf of them), equipment or technology (collectively, “IT Systems and Data”) ), and (y) the Company has and its Subsidiaries have not been notified of, and has have no knowledge of any event or condition that would reasonably be expected to result inin any security breach, any material security breach attack or other material compromise to its or its subsidiaries’ their IT Systems and Data; , (ii) the Company is and each of its Subsidiaries have complied, and are presently in material compliance with with, all applicable laws laws, statutes or statutes and all judgmentsany judgment, ordersorder, rules and regulations rule or regulation of any court or arbitrator or governmental or regulatory authorityauthority and all industry standards, internal policies and contractual obligations relating to the privacy and security of IT Systems and Data and to the protection of such IT Systems and Data from unauthorized use, access, misappropriation or modification, except as would not, in the case of this clause (ii), individually or in the aggregate, have a Material Adverse Effect; modification and (iii) the Company has and each of its subsidiaries have implemented backup and disaster recovery technology consistent with industry standards and practicespractice. Any certificate signed by an officer of the Company and delivered to the Agent or to counsel for the Agent pursuant to or in connection with this Agreement shall be deemed to be a representation and warranty by the Company, as applicable, to the Agent as to the matters set forth therein.

IT Systems. (i)(x) To the knowledge of Company, there i)(x)There has been no material security breach or attack or other material compromise of or relating to any of the Company’s or and its subsidiaries’ information technology and computer systems, networks, hardware, software, data (including the data of their respective customers, employees, suppliers, vendors and any third party data maintained by or on behalf of them), equipment or technology (collectively, “IT Systems and Data”) ), and (y) the Company has and its subsidiaries have not been notified of, and has have no knowledge of any event or condition that would reasonably be expected to result inin any security breach, any material security breach attack or other material compromise to its or its subsidiaries’ their IT Systems and Data; , (ii) the Company is and each of its subsidiaries have complied, and are presently in material compliance with with, all applicable laws laws, statutes or statutes and all judgmentsany judgment, ordersorder, rules and regulations rule or regulation of any court or arbitrator or governmental or regulatory authorityauthority and all industry guidelines, standards, internal policies and contractual obligations relating to the privacy and security of IT Systems and Data and to the protection of such IT Systems and Data from unauthorized use, access, misappropriation or modification, except as would not, in the case of this clause (ii), individually or in the aggregate, have a Material Adverse Effect; modification and (iii) the Company has and each of its subsidiaries have implemented backup and disaster recovery technology consistent with industry standards and practicespractice. Any certificate signed by an officer of the Company and delivered to the Agent Agents or to counsel for the Agent Agents pursuant to or in connection with by the express terms of this Agreement shall be deemed to be a representation and warranty by the Company, as applicable, to the Agent Agents as to the matters set forth therein.