Common use of Labeling and Treatment of Certain Information Clause in Contracts

Labeling and Treatment of Certain Information. The Company hereby acknowledges that (i) the Administrative Agent and/or the Joint Lead Arrangers will make available to the Lenders and the L/C Issuers materials and/or information provided by or on behalf of the Company hereunder (collectively, "GROUP COMPANY MATERIALS") by posting the Group Company Materials on IntraLinks or another similar electronic system (the "PLATFORM") and (ii) certain of the Lenders and L/C Issuers may be "public-side" Lenders (i.e., Lenders that do not wish to receive material non-public information with respect to the Group Companies or their securities) (each, a "PUBLIC LENDER"). The Company hereby agrees that: (i) all Group Company Materials that are to be made available to Public Lenders shall be clearly and conspicuously marked "PUBLIC" which, at a minimum, shall mean that the word "PUBLIC" shall appear prominently on the first page thereof; (ii) by marking Group Company Materials "PUBLIC," the Company shall be deemed to have authorized the Administrative Agent, the Joint Lead Arrangers, the L/C Issuers and the Lenders to treat such Group Company Materials as not containing any material non-public information with respect to the Group Companies or their securities for purposes of United States federal and state securities laws, it being understood that certain of such Group Company Materials may be subject to confidentiality requirements of SECTION 10.07 hereof; (iii) all Group Company Materials marked "PUBLIC" are permitted to be made available through a portion of the Platform designated "Public Investor," and (iv) the Administrative Agent and the Joint Lead Arrangers shall be entitled to treat any Group Company Materials that are not marked "PUBLIC" as being suitable only for posting on a portion of the Platform not designated "Public Investor". Notwithstanding the foregoing, the Company shall be under no obligation to xxxx any Group Company Materials "PUBLIC." Documents required to be delivered pursuant to SECTION 6.01(a) or (b) or SECTION 6.02(c) (to the extent any such documents are included in materials otherwise filed with the SEC) may be delivered electronically and if so delivered, shall be deemed to have been delivered on the date (i) on which the Company posts such documents, or provides a link thereto on the Company's website on the Internet at the website address listed on SCHEDULE 10.02; or (ii) on which such documents are posted on the Company's behalf on an Internet or Intranet website, if any, to which each Lender and the Administrative Agent have access (whether a commercial, third-party website or whether sponsored by the Administrative Agent); PROVIDED that the Company shall notify (which may be by facsimile or electronic mail) the Administrative Agent of the posting of any such documents. Notwithstanding anything contained herein, in every instance the Company shall be required to provide paper copies of the Compliance Certificates required by SECTION 6.02(a) to the Administrative Agent. Except for such Compliance Certificates, the Administrative Agent shall have no obligation to request the delivery or to maintain copies of the documents referred to above, and in any event shall have no responsibility to monitor compliance by the Company with any such request for delivery, and each Lender shall be solely responsible for requesting delivery to it or maintaining its copies of such documents.

Labeling and Treatment of Certain Information. The Company Borrower hereby acknowledges that (i) the Administrative Agent and/or the Joint Lead Arrangers will make available to the Lenders and the L/C Issuers materials and/or information provided by or on behalf of the Company Borrower hereunder (collectively, "GROUP COMPANY MATERIALS"“Group Company Materials”) by posting the Group Company Materials on IntraLinks or another similar electronic system (the "PLATFORM"“Platform”) and (ii) certain of the Lenders and L/C Issuers may be "“public-side" ” Lenders (i.e., Lenders that do not wish to receive material non-public information with respect to Parent Holdings, Holdings, the Group Companies Borrower, or their securitiesthe Borrower’s Subsidiaries’ securities for purposes of United States federal and state securities laws) (each, a "PUBLIC LENDER"“Public Lender”). The Company Borrower hereby agrees that: (i) all Group Company Materials that are to be made available to Public Lenders shall be clearly and conspicuously marked "“PUBLIC" ” which, at a minimum, shall mean that the word "“PUBLIC" ” shall appear prominently on the first page thereof; (ii) by marking Group Company Materials "“PUBLIC," ” the Company Borrower shall be deemed to have authorized the Administrative Agent, the Joint Lead Arrangers, the L/C Issuers and the Lenders to treat such Group Company Materials as either publicly available information or not containing any material non-public information (although it may be sensitive and proprietary) with respect to the Group Companies Borrower or their its securities for purposes of United States federal and state securities laws, it being understood that certain of such Group Company Materials may be subject to confidentiality requirements of SECTION 10.07 hereof; (iii) all Group Company Materials marked "“PUBLIC" ” are permitted to be made available through a portion of the Platform designated "“Public Investor," ” and (iv) the Administrative Agent and the Joint Lead Arrangers shall be entitled to treat any Group Company Materials that are not marked "“PUBLIC" ” as being suitable only for posting on a portion of the Platform not designated "“Public Investor". Notwithstanding the foregoing, the Company shall be under no obligation to xxxx any Group Company Materials "PUBLIC." ” Documents required to be delivered pursuant to SECTION Section 6.01(a) or (b) or SECTION 6.02(cSection 6.02(b) (to the extent any such documents are included in materials otherwise filed with the SEC) may be delivered electronically and if so delivered, shall be deemed to have been delivered on the date (i) on which the Company Borrower posts such documents, or provides a link thereto on the Company's Borrower’s website on the Internet at the website address listed on SCHEDULE Schedule 10.02; or (ii) on which such documents are posted on the Company's Borrower’s behalf on an Internet or Intranet website, if any, to which each Lender and the Administrative Agent have access (whether a commercial, third-party website or whether sponsored by the Administrative Agent); PROVIDED that provided that: (i) if requested by the Company Administrative Agent, the Borrower shall deliver paper copies of such documents to the Administrative Agent and (ii) the Borrower shall notify (which may be by facsimile or electronic mail) the Administrative Agent and each Lender of the posting of any such documents and provide to the Administrative Agent by electronic mail electronic versions (i.e., soft copies) of such documents. Notwithstanding anything contained herein, in every instance the Company Borrower shall be required to provide paper copies of the Compliance Certificates required by SECTION Section 6.02(a) to the Administrative Agent. Except for such Compliance Certificates, the Administrative Agent shall have no obligation to request the delivery or to maintain copies of the documents referred to above, and in any event shall have no responsibility to monitor compliance by the Company Borrower with any such request for delivery, and each Lender shall be solely responsible for requesting delivery to it or maintaining its copies of such documents.

Labeling and Treatment of Certain Information. The Company Each of Holdings and the Borrower hereby acknowledges that (i) the Administrative Agent and/or the Joint Lead Arrangers will make available to the Lenders and the L/C Issuers materials and/or information provided by or on behalf of Holdings and the Company Borrower hereunder (collectively, "GROUP COMPANY MATERIALS"“Group Company Materials”) by posting the Group Company Materials on IntraLinks or another similar electronic system (the "PLATFORM"“Platform”) and (ii) certain of the Lenders and L/C Issuers may be "“public-side" ” Lenders (i.e., Lenders that do not wish to receive material non-public information with respect to Holdings, the Group Companies Borrower or their respective securities) (each, a "PUBLIC LENDER"“Public Lender”). The Company Each of Holdings and the Borrower hereby agrees that: (i) all Group Company Materials that are to be made available to Public Lenders shall be clearly and conspicuously marked "“PUBLIC" ” which, at a minimum, shall mean that the word "“PUBLIC" ” shall appear prominently on the first page thereof; (ii) by marking Group Company Materials "“PUBLIC," ” each of Holdings and the Company Borrower shall be deemed to have authorized the Administrative Agent, the Joint Lead Arrangers, the L/C Issuers and the Lenders to treat such Group Company Materials as either publicly available information or not containing any material non-public information (although it may be sensitive and proprietary) with respect to Holdings, the Group Companies Borrower or their securities for purposes of United States federal and state securities laws, it being understood that certain of such Group Company Materials may be subject to confidentiality requirements of SECTION 10.07 hereof; (iii) all Group Company Materials marked "“PUBLIC" ” are permitted to be made available through a portion of the Platform designated "“Public Investor," ” and (iv) the Administrative Agent and the Joint Lead Arrangers shall be entitled to treat any Group Company Materials that are not marked "“PUBLIC" ” as being suitable only for posting on a portion of the Platform not designated "“Public Investor". Notwithstanding the foregoing, the Company shall be under no obligation to xxxx any Group Company Materials "PUBLIC." Documents required to be delivered pursuant to SECTION Section 6.01(a) or (b) or SECTION 6.02(cSection 6.02(d) (to the extent any such documents are included in materials otherwise filed with the SEC) may be delivered electronically and if so delivered, shall be deemed to have been delivered on the date (i) on which the Company Borrower posts such documents, or provides a link thereto on the Company's Borrower’s website on the Internet at the website address listed on SCHEDULE Schedule 10.02; or (ii) on which such documents are posted on the Company's Borrower’s behalf on an Internet or Intranet website, if any, to which each Lender and the Administrative Agent have access (whether a commercial, third-party website or whether sponsored by the Administrative Agent); PROVIDED that provided that: (i) the Company Borrower shall deliver paper copies of such documents to the Administrative Agent until a written request to cease delivering paper copies is given by the Administrative Agent and (ii) the Borrower shall notify (which may be by facsimile or electronic mail) the Administrative Agent and each Lender of the posting of any such documents and provide to the Administrative Agent by electronic mail electronic versions (i.e., soft copies) of such documents. Notwithstanding anything contained herein, in every instance the Company Borrower shall be required to provide paper copies of the Compliance Certificates required by SECTION 6.02(aSection 6.02(c) to the Administrative Agent. Except for such Compliance Certificates, the Administrative Agent shall have no obligation to request the delivery or to maintain copies of the documents referred to above, and in any event shall have no responsibility to monitor compliance by the Company Borrower with any such request for delivery, and each Lender shall be solely responsible for requesting delivery to it or maintaining its copies of such documents.

Labeling and Treatment of Certain Information. The Company hereby acknowledges that (i) the Administrative Agent and/or the Joint Lead Arrangers will make available to the Lenders and the L/C Issuers materials and/or information provided by or on behalf of the Company hereunder (collectively, "GROUP COMPANY MATERIALS") by posting the Group Company Materials on IntraLinks or another similar electronic system (the "PLATFORM") and (ii) certain of the Lenders and L/C Issuers may be "public-side" Lenders (i.e., Lenders that do not wish to receive material non-public information with respect to the Group Companies or their securities) (each, a "PUBLIC LENDER"). The Company hereby agrees that: (i) all Group Company Materials that are to be made available to Public Lenders shall be clearly and conspicuously marked "PUBLIC" which, at a minimum, shall mean that the word "PUBLIC" shall appear prominently on the first page thereof; (ii) by marking Group Company Materials "PUBLIC," the Company shall be deemed to have authorized the Administrative Agent, the Joint Lead Arrangers, the L/C Issuers and the Lenders to treat such Group Company Materials as not containing any material non-public information with respect to the Group Companies or their securities for purposes of United States federal and state securities laws, it being understood that certain of such Group Company Materials may be subject to confidentiality requirements of SECTION 10.07 hereof; (iii) all Group Company Materials marked "PUBLIC" are permitted to be made available through a portion of the Platform designated "Public Investor," and (iv) the Administrative Agent and the Joint Lead Arrangers shall be entitled to treat any Group Company Materials that are not marked "PUBLIC" as being suitable only for posting on a portion of the Platform not designated "Public Investor". Notwithstanding the foregoing, the Company shall be under no obligation to xxxx any Group Company Materials "PUBLIC." Documents required to be delivered pursuant to SECTION 6.01(a6.01(A) or (bB) or SECTION 6.02(c6.02(C) (to the extent any such documents are included in materials otherwise filed with the SEC) may be delivered electronically and if so delivered, shall be deemed to have been delivered on the date (i) on which the Company posts such documents, or provides a link thereto on the Company's website on the Internet at the website address listed on SCHEDULE 10.02; or (ii) on which such documents are posted on the Company's behalf on an Internet or Intranet website, if any, to which each Lender and the Administrative Agent have access (whether a commercial, third-party website or whether sponsored by the Administrative Agent); PROVIDED that the Company shall notify (which may be by facsimile or electronic mail) the Administrative Agent of the posting of any such documents. Notwithstanding anything contained herein, in every instance the Company shall be required to provide paper copies of the Compliance Certificates required by SECTION 6.02(a6.02(A) to the Administrative Agent. Except for such Compliance Certificates, the Administrative Agent shall have no obligation to request the delivery or to maintain copies of the documents referred to above, and in any event shall have no responsibility to monitor compliance by the Company with any such request for delivery, and each Lender shall be solely responsible for requesting delivery to it or maintaining its copies of such documents.

Labeling and Treatment of Certain Information. The Company Each of Holdings and the Borrower hereby acknowledges that (i) the Administrative Agent and/or the Joint Lead Arrangers will make available to the Lenders and the L/C Issuers materials and/or information provided by or on behalf of Holdings and the Company Borrower hereunder (collectively, "GROUP COMPANY MATERIALS"“Group Company Materials”) by posting the Group Company Materials on IntraLinks or another similar electronic system (the "PLATFORM"“Platform”) and (ii) certain of the Lenders and L/C Issuers may be "“public-side" ” Lenders (i.e., Lenders that do not wish to receive material non-public information with respect to Holdings, the Group Companies Borrower or their respective securities) (each, a "PUBLIC LENDER"“Public Lender”). The Company Each of Holdings and the Borrower hereby agrees that: (i) all Group Company Materials that are to be made available to Public Lenders shall be clearly and conspicuously marked "“PUBLIC" ” which, at a minimum, shall mean that the word "“PUBLIC" ” shall appear prominently on the first page thereof; (ii) by marking Group Company Materials "“PUBLIC," ” each of Holdings and the Company Borrower shall be deemed to have authorized the Administrative Agent, the Joint Lead Arrangers, the L/C Issuers and the Lenders to treat such Group Company Materials as either publicly available information or not containing any material non-public information (although it may be sensitive and proprietary) with respect to Holdings, the Group Companies Borrower or their securities for purposes of United States federal and state securities laws, it being understood that certain of such Group Company Materials may be subject to confidentiality requirements of SECTION 10.07 hereof; (iii) all Group Company Materials marked "“PUBLIC" ” are permitted to be made available through a portion of the Platform designated "“Public Investor," ”, and (iv) the Administrative Agent and the Joint Lead Arrangers shall be entitled to treat any Group Company Materials that are not marked "“PUBLIC" ” as being suitable only for posting on a portion of the Platform not designated "“Public Investor"”. Notwithstanding the foregoing, the Company shall be under no obligation to xxxx any Group Company Materials "PUBLIC." Documents required to be delivered pursuant to SECTION Section 6.01(a) or (b) or SECTION 6.02(cSection 6.02(d) (to the extent any such documents are included in materials otherwise filed with the SEC) may be delivered electronically and if so delivered, shall be deemed to have been delivered on the date (i) on which the Company Borrower posts such documents, or provides a link thereto on the Company's Borrower’s website on the Internet at the website address listed on SCHEDULE Schedule 10.02; or (ii) on which such documents are posted on the Company's Borrower’s behalf on an Internet or Intranet website, if any, to which each Lender and the Administrative Agent have access (whether a commercial, third-party website or whether sponsored by the Administrative Agent); PROVIDED that provided that: (i) the Company Borrower shall deliver paper copies of such documents to the Administrative Agent until a written request to cease delivering paper copies is given by the Administrative Agent and (ii) the Borrower shall notify (which may be by facsimile or electronic mail) the Administrative Agent and each Lender of the posting of any such documents and provide to the Administrative Agent by electronic mail electronic versions (i.e., soft copies) of such documents. Notwithstanding anything contained herein, in every instance the Company Borrower shall be required to provide paper copies of the Compliance Certificates required by SECTION 6.02(aSection 6.02(b) to the Administrative Agent. Except for such Compliance Certificates, the Administrative Agent shall have no obligation to request the delivery or to maintain copies of the documents referred to above, and in any event shall have no responsibility to monitor compliance by the Company Borrower with any such request for delivery, and each Lender shall be solely responsible for requesting delivery to it or maintaining its copies of such documents.

Labeling and Treatment of Certain Information. The Company Borrower hereby acknowledges that (i) the Administrative Agent and/or the Joint Lead Arrangers will make available to the Lenders and the L/C Issuers materials and/or information provided by or on behalf of the Company Borrower hereunder (collectively, "GROUP COMPANY MATERIALS"“Group Company Materials”) by posting the Group Company Materials on IntraLinks or another similar electronic system (the "PLATFORM"“Platform”) and (ii) certain of the Lenders and L/C Issuers may be "“public-side" ” Lenders (i.e., Lenders that do not wish to receive material non-public information with respect to Parent Holdings, Holdings, the Group Companies Borrower, or their securitiesthe Borrower’s Subsidiaries’ securities for purposes of United States federal and state securities laws) (each, a "PUBLIC LENDER"“Public Lender”). The Company Borrower hereby agrees that: (i) all Group Company Materials that are to be made available to Public Lenders shall be clearly and conspicuously marked "“PUBLIC" ” which, at a minimum, shall mean that the word "“PUBLIC" ” shall appear prominently on the first page thereof; (ii) by marking Group Company Materials "“PUBLIC," ” the Company Borrower shall be deemed to have authorized the Administrative Agent, the Joint Lead Arrangers, the L/C Issuers and the Lenders to treat such Group Company Materials as either publicly available information or not containing any material non-public information (although it may be sensitive and proprietary) with respect to the Group Companies Borrower or their its securities for purposes of United States federal and state securities laws, it being understood that certain of such Group Company Materials may be subject to confidentiality requirements of SECTION 10.07 hereof; (iii) all Group Company Materials marked "“PUBLIC" ” are permitted to be made available through a portion of the Platform designated "“Public Investor," ” and (iv) the Administrative Agent and the Joint Lead Arrangers shall be entitled to treat any Group Company Materials that are not marked "“PUBLIC" ” as being suitable only for posting on a portion of the Platform not designated "“Public Investor". Notwithstanding the foregoing, the Company shall be under no obligation to xxxx any Group Company Materials "PUBLIC." ” Documents required to be delivered pursuant to SECTION Section 6.01(a) or (b) or SECTION 6.02(cSection 6.02(d) (to the extent any such documents are included in materials otherwise filed with the SEC) may be delivered electronically and if so delivered, shall be deemed to have been delivered on the date (i) on which the Company Borrower posts such documents, or provides a link thereto on the Company's Borrower’s website on the Internet at the website address listed on SCHEDULE Schedule 10.02; or (ii) on which such documents are posted on the Company's Borrower’s behalf on an Internet or Intranet website, if any, to which each Lender and the Administrative Agent have access (whether a commercial, third-party website or whether sponsored by the Administrative Agent); PROVIDED that provided that: (i) if requested by the Company Administrative Agent, the Borrower shall deliver paper copies of such documents to the Administrative Agent and (ii) the Borrower shall notify (which may be by facsimile or electronic mail) the Administrative Agent and each Lender of the posting of any such documents and provide to the Administrative Agent by electronic mail electronic versions (i.e., soft copies) of such documents. Notwithstanding anything contained herein, in every instance the Company Borrower shall be required to provide paper copies of the Compliance Certificates required by SECTION 6.02(aSection 6.02(b) to the Administrative Agent. Except for such Compliance Certificates, the Administrative Agent shall have no obligation to request the delivery or to maintain copies of the documents referred to above, and in any event shall have no responsibility to monitor compliance by the Company Borrower with any such request for delivery, and each Lender shall be solely responsible for requesting delivery to it or maintaining its copies of such documents.