Common use of Platform Clause in Contracts

Platform. (a) The Borrower agrees that the Agent may, but shall not be obligated to, make the Communications (as defined below) available to the Lenders by posting the Communications on the Platform. (b) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Agent nor any of its directors, officers, agents, employees, advisors, shareholders, attorneys or Affiliates (collectively, the “Agent Parties”) have any liability to any Borrower, any Lender or any other Person or entity for damages of any kind, including direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the Borrower’s or the Agent’s transmission of communications through the Platform, unless it is determined by a final and nonappealable judgment or court order that the damages were the result of acts or omissions constituting gross negligence or willful misconduct of the Agent Party. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of the Borrower pursuant to any Loan Document or the transactions contemplated therein that is distributed to the Agent or any Lender by means of electronic communications pursuant to this Section, including through the Platform.

Platform. (ai) The Borrower Company agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) available to the Lenders by posting the Communications on Debt Domain, Intralinks, Syndtrak or a substantially similar electronic transmission system (the “Platform”). The Company acknowledges and agrees that the DQ List shall be deemed suitable for posting and may be posted by the Administrative Agent on the Platform, including the portion of the Platform that is designated for “public side” Lenders. (bii) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent nor or any of its directors, officers, agents, employees, advisors, shareholders, attorneys or Affiliates Related Parties (collectively, the “Agent Parties”) have any liability to any Borrowerthe Company, any Lender or any other Person or entity for damages of any kind, including including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the BorrowerCompany’s or the Administrative Agent’s transmission of communications through the Platform, unless it is determined by a final and nonappealable judgment or court order that except to the damages were extent resulting from the result of acts or omissions constituting gross negligence or willful misconduct misconduct, as finally determined in a nonappealable judgment of the a court of competent jurisdiction, of an Agent Party. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of that the Borrower Company provides to the Administrative Agent pursuant to any Loan Document this Agreement or the transactions contemplated therein that which is distributed to the Administrative Agent or any Lender by means of electronic communications pursuant to this Section, including through the Platform.

Platform. (ai) The Borrower agrees that the Agent may, but shall not be obligated to, make the Communications (as defined below) available to the Lenders by posting the Communications on Debt Domain, Intralinks, Syndtrak or a substantially similar electronic transmission system (the “Platform”). (bii) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Agent nor or any of its directors, officers, agents, employees, advisors, shareholders, attorneys or Affiliates Related Parties (collectively, the “Agent Parties”) have any liability to any the Borrower, any Lender or any other Person or entity for damages of any kind, including including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the Borrower’s or the Agent’s transmission of communications through the Platform, unless it is determined by a final and nonappealable judgment or court order that the damages were the result of acts or omissions constituting gross negligence or willful misconduct of the Agent Party. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of that the Borrower provides to the Agent pursuant to any Loan Document this Agreement or the transactions contemplated therein that herein which is distributed to the Agent or any Lender by means of electronic communications pursuant to this Section, including through the Platform.

Platform. (a) The Borrower agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) available to the other Lenders by posting the Communications on the Platform. (b) . The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent nor or any of its directors, officers, agents, employees, advisors, shareholders, attorneys or Affiliates Related Parties (collectively, the “Agent Parties”) have any liability to any the Borrower, any Lender or any other Person or entity for damages of any kind, including direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the Borrower’s or the Administrative Agent’s transmission of communications through the Platform, unless it is determined by a final and nonappealable judgment or court order that the damages were the result of acts or omissions constituting gross negligence or willful misconduct of the Agent Party. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of the Borrower pursuant to any Loan Document or the transactions contemplated therein that is distributed to the Administrative Agent or any Lender by means of electronic communications pursuant to this Section, including through the Platform.

Platform. (ai) The Borrower Each Loan Party agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) available to the L/C Issuers and the other Lenders by posting the Communications on Debt Domain, Intralinks, Syndtrak or a substantially similar electronic transmission system (the “Platform”). (bii) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent nor or any of its directors, officers, agents, employees, advisors, shareholders, attorneys or Affiliates Related Parties (collectively, the “Agent Parties”) have any liability to any Borrowerthe Borrower or the other Loan Parties, any Lender or any other Person or entity for damages of any kind, including including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the Borrower’s, any Loan Party’s or the Administrative Agent’s transmission of communications through the Platform, unless it is determined by a final and nonappealable judgment or court order that the damages were the result of acts or omissions constituting gross negligence or willful misconduct of the Agent Party. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of the Borrower any Loan Party pursuant to any Loan Document or the transactions contemplated therein that which is distributed to the Agent Administrative Agent, any Lender or any Lender L/C Issuer by means of electronic communications pursuant to this Section, including through the Platform.

Platform. (ai) The Borrower Each Credit Party agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) available to the Issuing Lender and the other Lenders by posting the Communications on Debt Domain, Intralinks, Syndtrak or a substantially similar electronic transmission system (the “Platform”). (bii) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent nor or any of its directors, officers, agents, employees, advisors, shareholders, attorneys or Affiliates Related Parties (collectively, the “Agent Parties”) have any liability to any Borrowerthe Borrower or the other Credit Parties, any Lender or any other Person or entity for damages of any kind, including including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the Borrower’s, any Credit Party’s or the Administrative Agent’s transmission of communications through the Platform, unless it is determined by a final and nonappealable judgment or court order that the damages were the result of acts or omissions constituting gross negligence or willful misconduct of the Agent Party. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of the Borrower any Credit Party pursuant to any Loan Credit Document or the transactions contemplated therein that which is distributed to the Agent Administrative Agent, any Lender or any Issuing Lender by means of electronic communications pursuant to this Section, including through the Platform.

Platform. (ai) The Borrower Each Credit Party agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) available to the Issuing Lender and the other Lenders by posting the Communications on the Platform. (bii) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent nor or any of its directors, officers, agents, employees, advisors, shareholders, attorneys or Affiliates Related Parties (collectively, the “Agent Parties”) have any liability to any Borrowerthe Borrower or the other Credit Parties, any Lender or any other Person or entity for damages of any kind, including including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the Borrower’s, any Credit Party’s or the Administrative Agent’s transmission of communications through the Platform, unless it is determined by a final and nonappealable judgment or court order that the damages were the result of acts or omissions constituting gross negligence or willful misconduct of the Agent Party. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of the Borrower any Credit Party pursuant to any Loan Credit Document or the transactions contemplated therein that which is distributed to the Agent Administrative Agent, any Lender or any Issuing Lender by means of electronic communications pursuant to this Section, including through the Platform.

Platform. (ai) The Borrower Each Credit Party agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) Borrower Materials available to the Issuing Lenders and the other Lenders by posting the Communications Borrower Materials on the Platform. (bii) The Platform is provided “as is” and “as available.” ”. The Agent Parties (as defined below) do not warrant the accuracy or completeness of the Borrower Materials or the adequacy of the Platform Platform, and expressly disclaim liability for errors or omissions in the CommunicationsBorrower Materials. No warranty of any kind, express, implied or statutory, including any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications Borrower Materials or the Platform. In no event shall the Administrative Agent nor or any of its directors, officers, agents, employees, advisors, shareholders, attorneys or Affiliates Related Parties (collectively, the “Agent Parties”) have any liability to any BorrowerCredit Party, any Lender or any other Person or entity for damages losses, claims, damages, liabilities or expenses of any kind, including direct or indirect, special, incidental or consequential damages, losses or expenses kind (whether in tort, contract or otherwise) arising out of the Borrowerany Credit Party’s or the Administrative Agent’s transmission of communications through the Internet (including the Platform), unless it is except to the extent that such losses, claims, damages, liabilities or expenses are determined by a court of competent jurisdiction by final and nonappealable judgment or court order that to have resulted from the damages were the result of acts or omissions constituting gross negligence negligence, bad faith or willful misconduct of the such Agent Party. “Communications” means, collectively; provided that in no event shall any Agent Party have any liability to any Credit Party, any noticeLender, demand, communication, information, document or other material provided by or on behalf of the Borrower pursuant to any Loan Document or the transactions contemplated therein that is distributed to the Agent Issuing Lender or any Lender by means of electronic communications pursuant other Person for indirect, special, incidental, consequential or punitive damages, losses or expenses (as opposed to this Sectionactual damages, including through the Platformlosses or expenses).

Platform. (ai) The Borrower (and each Restricted Person by signing its Guaranty) agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) available to LC Issuer and the other Lenders by posting the Communications on Debt Domain, Intralinks, Syndtrak or a substantially similar electronic transmission system (the “Platform”). (bii) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent nor or any of its directors, officers, agents, employees, advisors, shareholders, attorneys or Affiliates Related Parties (collectively, the “Agent Parties”) have any liability to any BorrowerBorrower or the other Restricted Persons, any Lender or any other Person or entity for damages of any kind, including including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the Borrower’s, any Loan Party’s or the Administrative Agent’s transmission of communications through the Platform, unless it is determined by a final and nonappealable judgment or court order that the damages were the result of acts or omissions constituting gross negligence or willful misconduct of the Agent Party. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of the Borrower any Restricted Person pursuant to any Loan Document or the transactions contemplated therein that which is distributed to the Agent or Administrative Agent, any Lender or LC Issuer by means of electronic communications pursuant to this Section, including through the Platform.

Platform. (ai) The Borrower Company agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) available to the Lenders by posting the Communications on Debt Domain, Intralinks, Syndtrak or a substantially similar electronic transmission system (the “Platform”). (bii) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent nor or any of its directors, officers, agents, employees, advisors, shareholders, attorneys or Affiliates Related Parties (collectively, the “Agent Parties”) have any liability to any Borrowerthe Company, any Lender or any other Person or entity for damages of any kind, including including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the BorrowerCompany’s or the Administrative Agent’s transmission of communications through the Platform, unless it is determined by a final and nonappealable judgment or court order that except to the damages were extent resulting from the result of acts or omissions constituting gross negligence or willful misconduct misconduct, as finally determined in a nonappealable judgment of the a court of competent jurisdiction, of an Agent Party. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of that the Borrower Company provides to the Administrative Agent pursuant to any Loan Document this Agreement or the transactions contemplated therein that which is distributed to the Administrative Agent or any Lender by means of electronic communications pursuant to this Section, including through the Platform.

Platform. (ai) The Borrower agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) available to the Lenders or L/C Issuer by posting the Communications on the Platform. (bii) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Agent nor any of its directors, officers, agents, employees, advisors, shareholders, attorneys or Affiliates (collectively, the “Agent Parties”) Parties have any liability to any Borrower, any Lender or any other Person or entity for damages of any kind, including including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the Borrower’s or the Administrative Agent’s transmission of communications through the Platform. (iii) Borrower and each other Obligated Party (by its, unless it is determined by his or her execution of a final Loan Document) hereby authorizes Administrative Agent, each Lender, and nonappealable judgment their respective counsel and agents to communicate and transfer documents and other information (including confidential information) concerning this transaction or court order that Borrower or any other Obligated Party and the damages were business affairs of Borrower and such other Obligated Parties via the result of acts or omissions constituting gross negligence or willful misconduct of the Agent Party. “Communications” means, collectively, any notice, demand, communication, information, document Internet or other material provided by or on behalf of the Borrower pursuant to any Loan Document or the transactions contemplated therein that is distributed electronic communication without regard to the Agent or any Lender by means lack of electronic communications pursuant to this Section, including through the Platformsecurity of such communications.

Platform. (ai) The Borrower Parent agrees that the Agent may, but shall not be obligated to, make the Communications (as defined below) available to the Lenders by posting the Communications on Debt Domain, Intralinks, Syndtrak or a substantially similar electronic transmission system (the “Platform”). (bii) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-third- party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Agent nor or any of its directors, officers, agents, employees, advisors, shareholders, attorneys or Affiliates Related Parties (collectively, the “Agent Parties”) have any liability to any Borrowerthe Parent, any Lender or any other Person or entity for damages of any kind, including including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the BorrowerParent’s, the Company’s or the Agent’s transmission of communications through the Platform, unless it is determined by a final and nonappealable judgment or court order that the damages were the result of acts or omissions constituting gross negligence or willful misconduct of the Agent Party. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of the Borrower Parent pursuant to any Loan Document or the transactions contemplated therein that which is distributed to the Agent or any Lender by means of electronic communications pursuant to this Section, including through the Platform.

Platform. (ai) The Borrower Each Credit Party agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) available to the LC Issuer and the Lenders by posting the Communications on Debt Domain, Intralinks, Syndtrak or a substantially similar electronic transmission system (the “Platform”). (bii) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent nor or any of its directorsRelated Parties, officers, agents, employees, advisors, shareholders, attorneys or Affiliates including Administrative Agent Professionals (collectively, the “Agent Parties”) have any liability to any BorrowerBorrowers or the other Credit Parties, any Lender or any other Person or entity for damages of any kind, including including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the any Borrower’s, any other Credit Party’s or the Administrative Agent’s transmission of communications Communications through the Platform, unless it is determined by a final and nonappealable judgment or court order that the damages were the result of acts or omissions constituting gross negligence or willful misconduct of the Agent Party. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of the Borrower any Credit Party pursuant to any Loan Document or the transactions contemplated therein that which is distributed to the Agent or Administrative Agent, any Lender or the LC Issuer by means of electronic communications pursuant to this Section, including through the Platform.

Platform. (ai) The Borrower Each Loan Party agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) available to the Issuing Bank and the other Lenders by posting the Communications on Debtdomain, Intralinks, Syndtrak or a substantially similar electronic transmission system (the “Platform”). (bii) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent nor or any of its directors, officers, agents, employees, advisors, shareholders, attorneys or Affiliates Related Parties (collectively, the “Agent Parties”) have any liability to any Borrowerthe Borrower or the other Loan Parties, any Lender or any other Person or entity for damages of any kind, including including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the Borrower’s, any other Loan Party’s or the Administrative Agent’s transmission of communications through the Platform, unless it is determined by a final and nonappealable judgment or court order that the damages were the result of acts or omissions constituting gross negligence or willful misconduct of the Agent Party. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of the Borrower any Loan Party pursuant to any Loan Document or the transactions contemplated therein that which is distributed to the Agent or Administrative Agent, any Lender or the Issuing Bank by means of electronic communications pursuant to this Section, including through the Platform.

Platform. (ai) The Each Borrower agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) available to the Issuing Banks and the other Lenders by posting the Communications on Debt Domain, Intralinks, Syndtrak or a substantially similar electronic transmission system (the “Platform”). (bii) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent nor or any of its directors, officers, agents, employees, advisors, shareholders, attorneys or Affiliates Related Parties (collectively, the “Agent Parties”) have any liability to any Borrowerthe Borrowers or the other Borrowers, any Lender or any other Person or entity for damages of any kind, including including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the Borrower’s Borrowers’ or the Administrative Agent’s transmission of communications through the Platform, unless it is determined by a final and nonappealable judgment or court order that the damages were the result of acts or omissions constituting gross negligence or willful misconduct of the Agent Party. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of the any Borrower pursuant to any Loan Credit Document or the transactions contemplated therein that which is distributed to the Agent Administrative Agent, any Lender or any Lender Issuing Bank by means of electronic communications pursuant to this Section, including through the Platform.

Platform. (ai) The Borrower agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) available to the L/C Issuer and the other Lenders by posting the Communications on Debt Domain, Intralinks, Syndtrak or a substantially similar electronic transmission system (the “Platform”). (bii) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent nor or any of its directors, officers, agents, employees, advisors, shareholders, attorneys or Affiliates Related Parties (collectively, the “Agent Parties”) have any liability to the Borrower, any BorrowerSubsidiary, any Lender or any other Person or entity for damages of any kind, including including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the Borrower’s, any Subsidiary’s or the Administrative Agent’s transmission of communications through the Platform, unless it is determined by a final and nonappealable judgment or court order that the damages were the result of acts or omissions constituting gross negligence or willful misconduct of the Agent Party. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of the Borrower or any Subsidiary pursuant to any Loan Document or the transactions contemplated therein that which is distributed to the Agent Administrative Agent, any Lender or any Lender L/C Issuer by means of electronic communications pursuant to this Section, including through the Platform.

Platform. (ai) The Borrower Each Loan Party agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) available to the L/C Issuers and the other Lenders by posting the Communications on Debt Domain, Intralinks, Syndtrak or a substantially similar electronic transmission system (the “Platform”). (bii) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-third party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent nor or any of its directors, officers, agents, employees, advisors, shareholders, attorneys or Affiliates Related Parties (collectively, the “Agent Parties”) have any liability to any Borrowerthe Borrower or the other Loan Parties, any Lender or any other Person or entity for damages of any kind, including including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the Borrower’s, any Loan Party’s or the Administrative Agent’s transmission of communications through the Platform, unless it is determined by a final and nonappealable judgment or court order that the damages were the result of acts or omissions constituting gross negligence or willful misconduct of the Agent Party. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of the Borrower any Loan Party pursuant to any Loan Document or the transactions contemplated therein that which is distributed to the Agent Administrative Agent, any Lender or any Lender L/C Issuer by means of electronic communications pursuant to this Section, including through the Platform.

Platform. (ai) The Borrower Each Loan Party agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) available to the L/C Issuers and the other Lenders by posting the Communications on Debt Domain, Intralinks, Syndtrak or a substantially similar electronic transmission system (the “Platform”). (bii) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the CommunicationsCommunications (as defined below). No warranty of any kind, express, implied or statutory, including including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent nor or any of its directors, officers, agents, employees, advisors, shareholders, attorneys or Affiliates Related Parties (collectively, the “Agent Parties”) have any liability to any Borrowerthe Borrower or the other Loan Parties, any Lender or any other Person or entity for damages of any kind, including including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the Borrower’s, any Loan Party’s or the Administrative Agent’s transmission of communications through the Platform, unless it is determined by a final and nonappealable judgment or court order that the damages were the result of acts or omissions constituting gross negligence or willful misconduct of the Agent Party. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of the Borrower any Loan Party pursuant to any Loan Document or the transactions contemplated therein that which is distributed to the Agent Administrative Agent, any Lender or any Lender L/C Issuer by means of electronic communications pursuant to this Section, including through the Platform.

Platform. (a) The Borrower agrees that the Agent may, but shall not be obligated to, make the Communications (as defined below) available to the Lenders by posting the Communications on the Platform. (b) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Agent nor any of its directors, officers, agents, employees, advisors, shareholders, attorneys or Affiliates (collectively, the “Agent Parties”) have any liability to any Borrower, any Lender or any other Person or entity for damages of any kind, including direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the Borrower’s or the Agent’s transmission of communications through the Platform, unless it is determined by a final and nonappealable judgment or court order that the damages were the result of acts or omissions constituting gross negligence or willful misconduct of the Agent Party. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of the Borrower pursuant to any Loan Document or the transactions contemplated therein that is distributed to the Agent or Agent, any Lender by means of electronic communications pursuant to this Section, including through the Platform.

Platform. (ai) The Borrower Each Credit Party agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) Borrower Materials available to the Issuing Lender and the other Lenders by posting the Communications communications on the Platform. (bii) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the accuracy or completeness of the Borrower Materials or the adequacy of the Platform Platform, and expressly disclaim liability for errors or omissions in the CommunicationsBorrower Materials. No warranty of any kind, express, implied or statutory, including including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications Borrower Materials or the Platform. In no event shall the Administrative Agent nor or any of its directors, officers, agents, employees, advisors, shareholders, attorneys or Affiliates Related Parties (collectively, the “Agent Parties”) have any liability to any BorrowerCredit Party, any Lender or any other Person or entity for damages losses, claims, damages, liabilities or expenses of any kind, including direct or indirect, special, incidental or consequential damages, losses or expenses kind (whether in tort, contract or otherwise) arising out of the Borrowerany Credit Party’s or the Administrative Agent’s transmission of communications through the Internet (including, without limitation, the Platform), unless it is except to the extent that such losses, claims, damages, liabilities or expenses are determined by a court of competent jurisdiction by final and nonappealable judgment or court order that to have resulted from the damages were the result of acts or omissions constituting gross negligence or willful misconduct of the such Agent Party. “Communications” means, collectively; provided that in no event shall any Agent Party have any liability to any Credit Party, any noticeLender, demand, communication, information, document or other material provided by or on behalf of the Borrower pursuant to any Loan Document or the transactions contemplated therein that is distributed to the Agent Issuing Lender or any Lender by means of electronic communications pursuant other Person for indirect, special, incidental, consequential or punitive damages, losses or expenses (as opposed to this Sectionactual damages, including through the Platformlosses or expenses).

Platform. (ai) The Borrower Each Loan Party agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) available to the Issuing Lender and the other Lenders by posting the Communications on the Platform. (bii) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent nor or any of its directors, officers, agents, employees, advisors, shareholders, attorneys or Affiliates Related Parties (collectively, the “Agent Parties”) have any liability to any Borrowerthe Borrowers or the other Loan Parties, any Lender or any other Person or entity for damages of any kind, including including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the Borrower’s, any Loan Party’s or the Administrative Agent’s transmission of communications through the Platform, unless it is determined by a final and nonappealable judgment or court order that the damages were the result of acts or omissions constituting gross negligence or willful misconduct of the Agent Party. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of the Borrower any Loan Party pursuant to any Loan Document or the transactions contemplated therein that which is distributed to the Agent Administrative Agent, any Lender or any Issuing Lender by means of electronic communications pursuant to this Section, including through the Platform.

Platform. (ai) The Borrower Each of the Seller and the Servicer agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) available to the Lenders Purchaser Parties by posting the Communications on the Platform. (bii) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent nor or any of its directors, officers, agents, employees, advisors, shareholders, attorneys or Affiliates Related Parties (collectively, the “Agent Parties”) have any liability to any BorrowerSeller-Related Party, any Lender Purchaser Party or any other Person or entity for damages of any kind, including direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the Borrowerany Seller-Related Party’s or the Administrative Agent’s transmission of communications through the Platform, unless it is determined by a final and nonappealable judgment or court order that the damages were the result of acts or omissions constituting gross negligence or willful misconduct of the Agent Party. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of the Borrower any Seller-Related Party pursuant to any Loan Transaction Document or the transactions contemplated therein that which is distributed to the Administrative Agent or any Lender other Purchaser Party by means of electronic communications pursuant to this Section, including through the Platform.

Platform. (ai) The Borrower and each Guarantor agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) available to the L/C Issuers and the other Lenders by posting the Communications on Debt Domain, Intralinks, Syndtrak or a substantially similar electronic transmission system (the “Platform”). (bii) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent nor or any of its directors, officers, agents, employees, advisors, shareholders, attorneys or Affiliates related parties (collectively, the “Agent Parties”) have any liability to the Borrower or any BorrowerGuarantor, any Lender or any other Person or entity for damages of any kind, including including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the Borrower’s, any Guarantor’s or the Administrative Agent’s transmission of communications through the Platform, unless it is determined by a final and nonappealable judgment or court order that the damages were the result of acts or omissions constituting gross negligence or willful misconduct of the Agent Party. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of the Borrower or any Guarantor pursuant to any Loan Credit Document or the transactions contemplated therein that which is distributed to the Agent Administrative Agent, any Lender or any Lender L/C Issuer by means of electronic communications pursuant to this Section, including through the Platform.

Platform. (ai) The Borrower (and each Restricted Person by signing its Guaranty) agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) available to the Lenders by posting the Communications on Debt Domain, Intralinks, Syndtrak or a substantially similar electronic transmission system (the “Platform”). (bii) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent nor or any of its directors, officers, agents, employees, advisors, shareholders, attorneys or Affiliates Related Parties (collectively, the “Agent Parties”) have any liability to any BorrowerBorrower or the other Restricted Persons, any Lender or any other Person or entity for damages of any kind, including including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the Borrower’s, any Loan Party’s or the Administrative Agent’s transmission of communications through the Platform, unless it is determined by a final and nonappealable judgment or court order that the damages were the result of acts or omissions constituting gross negligence or willful misconduct of the Agent Party. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of the Borrower any Restricted Person pursuant to any Loan Document or the transactions contemplated therein that which is distributed to the Administrative Agent or any Lender by means of electronic communications pursuant to this Section, including through the Platform.

Platform. (ai) The Each Borrower agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) available to the Issuing Banks and the other Lenders by posting the Communications on Debt Domain, Intralinks, Syndtrak or a substantially similar electronic transmission system (the “Platform”). Each Borrower acknowledges and agrees that the DQ List shall be deemed suitable for posting and may be posted by the Administrative Agent on the Platform, including the portion of the Platform that is designated for “public side” Lenders. (bii) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent nor or any of its directors, officers, agents, employees, advisors, shareholders, attorneys or Affiliates Related Parties (collectively, the “Agent Parties”) have any liability to any Borrower, any Lender or any other Person or entity for damages of any kind, including including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the any Borrower’s or the Administrative Agent’s transmission of communications through the Platform, unless it is determined by a final and nonappealable judgment or court order that except to the damages were extent resulting from the result of acts or omissions constituting gross negligence or willful misconduct misconduct, as finally determined in a nonappealable judgment of the a court of competent jurisdiction, of an Agent Party. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of that any Borrower provides to the Borrower Administrative Agent pursuant to any Loan Document this Agreement or the transactions contemplated therein that which is distributed to the Agent Administrative Agent, any Lender or any Lender Issuing Bank by means of electronic communications pursuant to this Section, including through the Platform.

Platform. (ai) The Each Borrower and Guarantor agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) available to the L/C Issuers and the other Lenders by posting the Communications on Debt Domain, Intralinks, Syndtrak or a substantially similar electronic transmission system (the “Platform”). (bii) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent nor or any of its directors, officers, agents, employees, advisors, shareholders, attorneys or Affiliates Related Parties (collectively, the “Agent Parties”) have any liability to any Borrowerthe Borrowers, any Lender or any other Person or entity for damages of any kind, including including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the any Borrower’s or the Administrative Agent’s transmission of communications through the Platform, unless it is determined by a final and nonappealable judgment or court order that the damages were the result of acts or omissions constituting gross negligence or willful misconduct of the Agent Party. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of the any Borrower pursuant to any Loan Document or the transactions contemplated therein that which is distributed to the Agent Administrative Agent, any Lender or any Lender L/C Issuer by means of electronic communications pursuant to this Section, including through the Platform.

Platform. (ai) The Borrower Each Loan Party agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) available to the Issuing Lender and the other Lenders by posting the Communications on Debt Domain, Intralinks, Syndtrak or a substantially similar electronic transmission system (the “Platform”). (bii) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent nor or any of its directors, officers, agents, employees, advisors, shareholders, attorneys or Affiliates Related Parties (collectively, the “Agent Parties”) have any liability to any Borrowerthe Borrower or the other Loan Parties, any Lender or any other Person or entity for damages of any kind, including including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the Borrower’s, any Loan Party’s or the Administrative Agent’s transmission of communications through the Platform, unless it is determined by a final and nonappealable judgment or court order that the damages were the result of acts or omissions constituting gross negligence or willful misconduct of the Agent Party. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of the Borrower any Loan Party pursuant to any Loan Document or the transactions contemplated therein that which is distributed to the Agent Administrative Agent, any Lender or any Issuing Lender by means of electronic communications pursuant to this Section, including through the Platform.

Platform. (a1) The Borrower agrees that the Agent may, but shall not be obligated to, make the Communications (as defined below) available to the Lenders by posting the Communications on Debt Domain, IntraLinks, SyndTrak or a substantially similar electronic transmission system (the “Platform”). (b2) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Agent nor or any of its directors, officers, agents, employees, advisors, shareholders, attorneys or Affiliates (collectively, the “Agent Parties”) have any liability to the Borrower or any Borrowerof its Subsidiaries, any Lender or any other Person or entity person for damages of any kind, including direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the Borrower’s, any Subsidiary’s or the Agent’s transmission of communications through the Platform, unless it is determined by a final and nonappealable judgment or court order that the damages were the result of acts or omissions constituting gross negligence or willful misconduct of the Agent Party. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of that the Borrower or any Subsidiary thereof provides to the Agent pursuant to any Loan Document or the transactions contemplated therein that which is distributed to the Agent or any Lender by means of electronic communications pursuant to this SectionSection 15.16, including through the Platform.

Platform. (ai) The Borrower agrees that the Agent may, but shall not be obligated to, make the Communications (as defined below) available to the Lenders by posting the Communications on Debt Domain, Intralinks, Syndtrak or a substantially similar electronic transmission system (the “Platform”). (bii) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Agent nor or any of its directors, officers, agents, employees, advisors, shareholders, attorneys or Affiliates Related Parties (collectively, the “Agent Parties”) have any liability to any the Borrower, any Lender or any other Person or entity for damages of any kind, including including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the Borrower’s or the Agent’s transmission of communications through the Platform, unless it is determined by a final and nonappealable judgment or court order that the damages were the result of acts or omissions constituting gross negligence or willful misconduct of the Agent Party. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of that the Borrower provides to the Agent pursuant to any Loan Document this Agreement or the transactions contemplated therein that herein which is distributed to the Agent or any Lender by means of electronic communications pursuant to this Section, including through the Platform.

Platform. (ai) The Borrower Each Loan Party agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) available to the L/C Issuer and the other Lenders by posting the Communications on the Platform. (bii) The Platform is provided “"as is” " and “"as available.” " The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent nor or any of its Affiliates or the partners, directors, officers, employees, agents, employeestrustees, advisorsadministrators, shareholdersmanagers, attorneys advisors and representatives of the Administrative Agent or its Affiliates (collectively, the “"Agent Parties”") have any liability to any Borrowerthe Borrowers or the other Loan Parties, any Lender or any other Person or entity for damages of any kind, including including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the any Borrower’s, any Loan Party’s or the Administrative Agent’s transmission of communications through the Platform, unless it is determined by a final and nonappealable judgment or court order that the damages were the result of acts or omissions constituting gross negligence or willful misconduct of the Agent Party. “"Communications” " means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of the Borrower any Loan Party pursuant to any Loan Document or the transactions contemplated therein that which is distributed to the Agent Administrative Agent, any Lender or any Lender L/C Issuer by means of electronic communications pursuant to this Section, including through the Platform.

Platform. (ai) The Borrower Each Loan Party agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) available to the L/C Issuers and the other Lenders by posting the Communications on Debt Domain, Intralinks, Syndtrak or a substantially similar electronic transmission system (the “Platform”). The Borrower acknowledges and agrees that the DQ List shall be deemed suitable for posting and may be posted by the Administrative Agent on the Platform, including the portion of the Platform that is designated for “public side” Lenders. (bii) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent nor or any of its directors, officers, agents, employees, advisors, shareholders, attorneys or Affiliates Related Parties (collectively, the “Agent Parties”) have any liability to any Borrowerthe Borrower or the other Loan Parties, any Lender or any other Person or entity for damages of any kind, including including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the Borrower’s, any Loan Party’s or the Administrative Agent’s transmission of communications through the Platform, unless it is determined by a final and nonappealable judgment or court order that the damages were the result of acts or omissions constituting gross negligence or willful misconduct of the Agent Party. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of the Borrower any Loan Party pursuant to any Loan Document or the transactions contemplated therein that which is distributed to the Agent Administrative Agent, any Lender or any Lender L/C Issuer by means of electronic communications pursuant to this Section, including through the Platform.

Platform. Borrower Materials shall be delivered pursuant to procedures approved by Agent, including electronic delivery (aif possible) The upon request by Agent to an electronic system maintained by Agent (“Platform”). Borrowers shall notify Agent of each posting of Borrower agrees that Materials on the Platform and the materials shall be deemed received by Agent may, but shall not only upon its receipt of such notice. Borrower Materials and other information relating to this credit facility may be obligated to, make the Communications (as defined below) made available to the Lenders by posting the Communications Secured Parties on the Platform. (b) . The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do does not warrant the accuracy or completeness of any information on the Platform nor the adequacy or functioning of the Platform Platform, and expressly disclaim disclaims liability for any errors or omissions in the CommunicationsBorrower Materials or any issues involving the Platform. No warranty of any kind, express, implied or statutory, including any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights rights, or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications respect to Borrower Materials or the Platform. In no event No Agent Indemnitee shall the Agent nor any of its directors, officers, agents, employees, advisors, shareholders, attorneys or Affiliates (collectively, the “Agent Parties”) have any liability to any BorrowerBorrowers, any Lender Secured Parties or any other Person for losses, claims, damages, liabilities or entity for damages expenses of any kind, including direct or indirect, special, incidental or consequential damages, losses or expenses kind (whether in tort, contract or otherwise) arising out relating to use by any Person of the Borrower’s or the Agent’s transmission of communications through the Platform, unless it is determined by a final including any unintended recipient, nor for delivery of Borrower Materials and nonappealable judgment or court order that other information via the damages were the result of acts or omissions constituting gross negligence or willful misconduct of the Agent Party. “Communications” meansPlatform, collectivelyinternet, any noticee-mail, demand, communication, information, document or other material provided by or on behalf of the Borrower pursuant to any Loan Document or the transactions contemplated therein that is distributed to the Agent or any Lender by means of other electronic communications pursuant to this Section, including through the Platformplatform or messaging system.

Platform. (ai) The Each of the Borrower and each Servicer agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) available to the Lenders Credit Parties by posting the Communications on the Platform. (bii) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent nor or any of its directors, officers, agents, employees, advisors, shareholders, attorneys or Affiliates Related Parties (collectively, the “Agent Parties”) have any liability to any Borrower-Related Party, any Lender Credit Party or any other Person or entity for damages of any kind, including including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the any Borrower-Related Party’s or the Administrative Agent’s transmission of communications through the Platform, unless it is determined by a final and nonappealable judgment or court order that the damages were the result of acts or omissions constituting gross negligence or willful misconduct of the Agent Party. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of the Borrower any Borrower-Related Party pursuant to any Loan Transaction Document or the transactions contemplated therein that which is distributed to the Administrative Agent or any Lender other Credit Party by means of electronic communications pursuant to this Section, including through the Platform.

Platform. (ai) The Borrower Each Loan Party agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) available to the Issuing Banks and the other Lenders by posting the Communications on Debt Domain, Intralinks, Syndtrak or a substantially similar electronic transmission system (the “Platform”). (bii) The Platform is provided “as is” and “as available.” The Administrative Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Administrative Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent nor or any of its directors, officers, agents, employees, advisors, shareholders, attorneys or Affiliates Related Parties (collectively, the “Administrative Agent Parties”) have any liability to the Borrower or any Borrowerother Loan Party, any Lender or any other Person or entity for damages of any kind, including including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the Borrowerany Loan Party’s or the Administrative Agent’s transmission of communications through the Platform, unless it is determined by a final and nonappealable judgment or court order that the damages were the result of acts or omissions constituting gross negligence or willful misconduct of the Agent Party. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of the Borrower any Loan Party pursuant to any Loan Document or the transactions contemplated therein that which is distributed to the Administrative Agent or any Lender by means of electronic communications pursuant to this SectionSection 9.02, including through the Platform.

Platform. (ai) The Each Borrower agrees that the Administrative Agent may, but shall not be obligated to, may make the Communications (as defined below) available to the Lenders and the Swingline Lender by posting the Communications on Intralinks or a substantially similar electronic transmission system (the “Platform”). (bii) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent nor or any of its directors, officers, agents, employees, advisors, shareholders, attorneys or Affiliates Related Parties (collectively, the “Agent Parties”) have any liability to the Borrowers or any Borrowerof them, any Lender or any other Person or entity for damages of any kind, including including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the any Borrower’s or the Administrative Agent’s transmission of communications through the Platform, unless it is determined by a final and nonappealable judgment or court order that the damages were the result of acts or omissions constituting gross negligence or willful misconduct of the Agent Party. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of any of the Borrower Borrowers pursuant to any Loan Document or the transactions contemplated therein that which is distributed to the Agent Administrative Agent, or any Lender by means of electronic communications pursuant to this Section, including through the PlatformLender.

Platform. (ai) The Borrower Each Loan Party agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) available to the L/C Issuers and the other Lenders by posting the Communications on Debt Domain, Intralinks, Syndtrak or a substantially similar electronic transmission system (the “Platform”). (bii) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement non‑infringement of third-party third‑party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent nor or any of its directors, officers, agents, employees, advisors, shareholders, attorneys or Affiliates Related Parties (collectively, the “Agent Parties”) have any liability to any BorrowerBorrower or the other Loan Parties, any Lender or any other Person or entity for damages of any kind, including including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the any Borrower’s, any Loan Party’s or the Administrative Agent’s transmission of communications through the Platform, unless it is determined by a final and nonappealable judgment or court order that the damages were the result of acts or omissions constituting gross negligence or willful misconduct of the Agent Party. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of the Borrower any Loan Party pursuant to any Loan Document or the transactions contemplated therein that which is distributed to the Agent Administrative Agent, any Lender or any Lender L/C Issuer by means of electronic communications pursuant to this Section, including through the Platform.

Platform. (ai) The Borrower agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) available to the other Lenders by posting the Communications on Debt Domain, Intralinks, Syndtrak or a substantially similar electronic transmission system (the “Platform”). (bii) The Platform is provided “as is” and “as available.” ”. The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Agent nor Agents or any of its directors, officers, agents, employees, advisors, shareholders, attorneys or Affiliates Related Parties (collectively, the “Agent Parties”) have any liability to any Borrowerthe Borrower or the other Loan Parties, any Lender or any other Person or entity for damages of any kind, including direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the Borrower’s, any Loan Party’s or the Administrative Agent’s transmission of communications through the Platform, unless it is determined by a final and nonappealable judgment or court order that except as may result from the damages were the result of acts or omissions constituting gross negligence or willful misconduct of the an Agent PartyParty as determined by a court of competent jurisdiction by final and nonappealable judgment. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of that any Loan Party provides to the Borrower Administrative Agent pursuant to any Loan Document or the transactions contemplated therein that which is distributed to the Administrative Agent or any Lender by means of electronic communications pursuant to this Section, including through the Platform. The Borrower hereby agrees, unless directed otherwise by the Administrative Agent or unless the e-mail address referred to in this paragraph has not been provided by the Administrative Agent to the Borrower, that it will, or will cause the Subsidiaries to, provide the Communications to the Administrative Agent in an electronic/soft medium that is properly identified in a format acceptable to the Administrative Agent to an electronic mail address as directed by the Administrative Agent. In addition, the Borrower agrees, and agrees to cause the Subsidiaries, to continue to provide the Communications to the Administrative Agent, the Lenders, as the case may be, in the manner otherwise specified in the Loan Documents but only to the extent requested by the Administrative Agent. The Borrower hereby acknowledges that (a) the Administrative Agent will make available to the Lenders materials and/or information provided by or on behalf of the Borrower hereunder (collectively, the “Borrower Materials”) by posting the Borrower Materials on the Platform and (b) certain of the Lenders may be “public-side” Lenders (i.e., Lenders that do not wish to receive MNPI) (each, a “Public Lender”). The Borrower hereby agrees that (i) all Borrower 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 Borrower Materials “PUBLIC”, the Borrower shall be deemed to have authorized the Administrative Agent and the Lenders to treat such Borrower Materials as not containing any MNPI (provided, however, that to the extent such Borrower Materials constitute Information, they shall be treated as confidential as set forth in Section 9.16); (iii) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated as “Public Investor”; and (iv) the Administrative Agent shall be entitled to treat any Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform not marked as “Public Investor”. Notwithstanding the foregoing, the following Borrower Materials shall be marked “PUBLIC”, unless the Borrower notifies the Administrative Agent promptly that any such document contains MNPI: (A) the Loan Documents, (B) notification of changes in the terms of the Credit Facilities and (C) financial statements and accompanying information and certificates delivered pursuant to Section 5.04(a) through (c). Each Public Lender agrees to cause at least one individual at or on behalf of such Public Lender to at all times have selected the “Private Side Information” or similar designation on the content declaration screen of the Platform in order to enable such Public Lender or its delegate, in accordance with such Public Lender’s compliance procedures and applicable law, including United States Federal and state securities laws, to make reference to Communications that are not made available through the “Public Side Information” portion of the Platform and that may contain material non-public information with respect to the Borrower or its securities for purposes of United States Federal or state securities laws. Each Lender agrees that receipt of notice to it (as provided in the next sentence) specifying that the Communications have been posted to the Platform shall constitute effective delivery of the Communications to such Lender for purposes of the Loan Documents. Each Lender agrees to notify the Administrative Agent in writing (including by electronic communication) from time to time of such Lender’s e-mail address to which the foregoing notice may be sent by electronic transmission and that the foregoing notice may be sent to such e-mail address. Nothing herein shall prejudice the right of the Administrative Agent or any Lender to give any notice or other communication pursuant to any Loan Document in any other manner specified in such Loan Document.

Platform. (ai) The Borrower agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) available to the Lenders by posting the Communications on the PlatformDebt Domain, Intralinks, Syndtrak or a substantially similar electronic transmission system. (bii) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent nor or any of its directors, officers, agents, employees, advisors, shareholders, attorneys or Affiliates Related Parties (collectively, the “Agent Parties”) have any liability to any the Borrower, any Lender or any other Person or entity for damages of any kind, including including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the Borrower’s or the Administrative Agent’s transmission of communications through the Platform, unless it is determined by a final and nonappealable judgment or court order that the damages were the result of acts or omissions constituting gross negligence or willful misconduct of the Agent Party. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of that the Borrower provides to the Administrative Agent pursuant to any Loan Document or the transactions contemplated therein that which is distributed to the Administrative Agent or any Lender by means of electronic communications pursuant to this Section, including through the Platform.

Platform. (ai) The Borrower agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) available to the Fronting Bank and the other Lenders by posting the Communications on Debt Domain, Intralinks, Syndtrak or a substantially similar electronic transmission system (the “Platform”) in accordance with its obligations under §30. (bii) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In Except as provided in §24, in no event shall the Administrative Agent nor or any of its directors, officers, agents, employees, advisors, shareholders, attorneys or Affiliates Related Parties (collectively, the “Agent Parties”) have any liability to any the Borrower, any Lender or any other Person or entity for damages of any kind, including including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the Borrower’s or the Administrative Agent’s transmission of communications Communications through the Platform, unless it is determined by a final and nonappealable judgment or court order that the damages were the result of acts or omissions constituting gross negligence or willful misconduct of the Agent Party. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of the Borrower pursuant to any Loan Document or the transactions contemplated therein that which is distributed to the Agent Administrative Agent, any Lender or any Lender Fronting Bank by means of electronic communications pursuant to this Section, including through the PlatformXxxxxxxx.

Platform. (ai) The Borrower Each Loan Party agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) available to the Issuing Lender and the other Lenders by posting the Communications on the Platform. (bii) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-non- infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent nor or any of its directors, officers, agents, employees, advisors, shareholders, attorneys or Affiliates Related Parties (collectively, the “Agent Parties”) have any liability to any Borrowerthe Borrower or the other Loan Parties, any Lender or any other Person or entity for damages of any kind, including including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the Borrower’s, any Loan Party’s or the Administrative Agent’s transmission of communications through the Platform, unless it is determined by a final and nonappealable judgment or court order that the damages were the result of acts or omissions constituting gross negligence or willful misconduct of the Agent Party. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of the Borrower any Loan Party pursuant to any Loan Document or the transactions contemplated therein that which is distributed to the Agent Administrative Agent, any Lender or any Issuing Lender by means of electronic communications pursuant to this Section, including through the Platform.

Platform. (ai) The Borrower Each Loan Party agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) available to the Issuing Lenders and the other Lenders by posting the Communications on Debt Domain, Intralinks, SyndTrak or a substantially similar electronic transmission system (the “Platform”). (bii) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent nor or any of its directors, officers, agents, employees, advisors, shareholders, attorneys or Affiliates Related Parties (collectively, the “Agent Parties”) have any liability to any Borrowerthe Borrower or the other Loan Parties, any Lender or any other Person or entity for damages of any kind, including including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the Borrowerany Loan Party’s or the Administrative Agent’s transmission of communications through the Platform, unless it is determined by a final and nonappealable judgment or court order that the damages were the result of acts or omissions constituting gross negligence or willful misconduct of the Agent Party. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of the Borrower any Loan Party pursuant to any Loan Document or the transactions contemplated therein that which is distributed to the Agent Administrative Agent, any Lender or any Issuing Lender by means of electronic communications pursuant to this Section, including through the Platform.

Platform. (ai) The Borrower Each Loan Party agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) available to the Issuing Lender and the other Lenders by posting the Communications on the Platform. (bii) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent nor or any of its directors, officers, agents, employees, advisors, shareholders, attorneys or Affiliates Related Parties (collectively, the “Agent Parties”) have any liability to any Borrowerthe Borrower or the other Loan Parties, any Lender or any other Person or entity for damages of any kind, including including, direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the Borrower’s, any Loan Party’s or the Administrative Agent’s transmission of communications through the Platform, unless it is determined except to the extent any direct actual damages are found by a final and nonappealable final, non-appealable judgment or of a court order that of competent jurisdiction to arise from the damages were the result of acts or omissions constituting gross negligence negligence, bad faith or willful misconduct of the any Agent Party. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of the Borrower any Loan Party pursuant to any Loan Document or the transactions contemplated therein that which is distributed to the Agent Administrative Agent, any Lender or any Issuing Lender by means of electronic communications pursuant to this Section, including through the Platform.

Platform. (ai) The Each Borrower agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) available to the Issuing Banks and the other Lenders by posting the Communications on Debt Domain, Intralinks, Syndtrak or a substantially similar electronic transmission system (the “Platform”). (bii) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent nor or any of its directors, officers, agents, employees, advisors, shareholders, attorneys or Affiliates Related Parties (collectively, the “Agent Parties”) have any liability to any Borrowerthe Borrowers or the other Loan Parties, any Lender or any other Person or entity for damages of any kind, including including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the any Borrower’s 's, any Loan Party's or the Administrative Agent’s 's transmission of communications through the Platform, unless it is determined by a final and nonappealable judgment or court order that the damages were the result of acts or omissions constituting gross negligence or willful misconduct of the Agent Party. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of that any Loan Party provides to the Borrower Administrative Agent pursuant to any Loan Document or the transactions contemplated therein that which is distributed to the Agent Administrative Agent, any Lender or any Lender Issuing Bank by means of electronic communications pursuant to this SectionSection 8.02, including through the Platform.

Platform. (ai) The Borrower (on behalf of itself and each other Loan Party) agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) (including of materials and/or information provided by or on behalf of the Borrower hereunder (collectively, the “Borrower Materials”)) available to the Issuing Banks and the other Lenders by posting the Communications on Debt Domain, Intralinks, Syndtrak or a substantially similar electronic transmission system (the “Platform”). (bii) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent nor or any of its directors, officers, agents, employees, advisors, shareholders, attorneys or Affiliates Related Parties (collectively, the “Agent Parties”) have any liability to any Borrowerthe Borrower or the other Loan Parties, any Lender or any other Person or entity for damages of any kind, including direct or indirect, special, incidental incidental, consequential, punitive or consequential exemplary damages, losses or expenses (whether in tort, contract or otherwise) arising out of the Borrower’s, any other Loan Party’s or the Administrative Agent’s transmission of communications through the Platform, unless it is determined by a final and nonappealable judgment or court order that the damages were the result of acts or omissions constituting gross negligence or willful misconduct of the Agent Party. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of the Borrower or any other Loan Party pursuant to any Loan Document or the transactions contemplated therein that which is distributed to the Agent Administrative Agent, any Lender or any Lender Issuing Bank by means of electronic communications pursuant to this Section, including through the Platform.

Platform. (a) The Borrower agrees Borrowers agree that the Agent may, but shall not be obligated to, make the Communications (as defined below) available to the Letter of Credit Issuers and the Lenders by posting the Communications on the Platform. (b) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Agent nor any of its directors, officers, agents, employees, advisors, shareholders, attorneys or Affiliates (collectively, the “Agent Parties”) have any liability to any Borrower, any Lender or any other Person or entity for damages of any kind, including direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the Borrower’s Borrowers’ or the Agent’s transmission of communications through the Platform, unless it is determined by a final and nonappealable judgment or court order that the damages were the result of acts or omissions constituting gross negligence or willful misconduct of the Agent Party. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of the Borrower Borrowers pursuant to any Loan Document or the transactions contemplated therein that is distributed to the Agent Agent, any Lender or any Lender Letter of Credit Issuer by means of electronic communications pursuant to this Section, including through the Platform.

Platform. (a) The Borrower agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) available to the Issuing Bank and the other Lenders by posting the Communications on Debt Domain, Intralinks, Syndtrak or a substantially similar electronic transmission system (the “Platform”). (b) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent nor or any of its directors, officers, agents, employees, advisors, shareholders, attorneys or Affiliates Related Parties (collectively, the “Agent Parties”) have any liability to any Borrowerthe Borrower or the other Loan Parties, any Lender or any other Person or entity for damages of any kind, including including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the Borrower’s, any Loan Party’s or the Administrative Agent’s transmission of communications through the Platform, unless it is determined by a final and nonappealable judgment or court order that the damages were the result of acts or omissions constituting gross negligence or willful misconduct of the Agent Party. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of that the Borrower or any Loan Party provides to the Administrative Agent pursuant to any Loan Document or the transactions contemplated therein that which is distributed to the Agent Administrative Agent, any Lender or any Lender Issuing Bank by means of electronic communications pursuant to this Section, including through the Platform.

Platform. (ai) The Borrower Each Loan Party agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) available to the other Lenders by posting the Communications on Debt Domain, Intralinks, Syndtrak or a substantially similar electronic transmission system (the “Platform”). (bii) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent nor or any of its directors, officers, agents, employees, advisors, shareholders, attorneys or Affiliates Related Parties (collectively, the “Agent Parties”) have any liability to any BorrowerBorrower or the other Loan Parties, any Lender or any other Person or entity for damages of any kind, including including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the any Borrower’s, Loan Party’s or the Administrative Agent’s transmission of communications through the Platform, unless it is determined by a final and nonappealable judgment or court order that the damages were the result of acts or omissions constituting gross negligence or willful misconduct of the Agent Party. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of the Borrower any Loan Party pursuant to any Loan Document or the transactions contemplated therein that which is distributed to the Administrative Agent or any Lender by means of electronic communications pursuant to this Section, including through the Platform.

Platform. (ai) The Borrower Each Credit Party agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) Borrower Materials available to the Issuing Lenders and the other Lenders by posting the Communications Borrower Materials on the Platform, subject to the confidentiality provisions of Section 12.10. (bii) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the accuracy or completeness of the Borrower Materials or the adequacy of the Platform Platform, and expressly disclaim liability for errors or omissions in the CommunicationsBorrower Materials. No warranty of any kind, express, implied or statutory, including including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications Borrower Materials or the Platform. In no event shall the Administrative Agent nor or any of its directors, officers, agents, employees, advisors, shareholders, attorneys or Affiliates Related Parties (collectively, the “Agent Parties”) have any liability to any BorrowerCredit Party, any Lender or any other Person or entity for damages losses, claims, damages, liabilities or expenses of any kind, including direct or indirect, special, incidental or consequential damages, losses or expenses kind (whether in tort, contract or otherwise) arising out of the Borrowerany Credit Party’s or the Administrative Agent’s transmission of communications through the Internet (including, without limitation, the Platform), unless it is except to the extent that such losses, claims, damages, liabilities or expenses are determined by a court of competent jurisdiction by final and nonappealable judgment or court order that to have resulted from the damages were the result of acts or omissions constituting gross negligence or willful misconduct of the such Agent Party. “Communications” means, collectively; provided that in no event shall any Agent Party have any liability to any Credit Party, any noticeLender, demand, communication, information, document or other material provided by or on behalf of the Borrower pursuant to any Loan Document or the transactions contemplated therein that is distributed to the Agent Issuing Lender or any Lender by means of electronic communications pursuant other Person for indirect, special, incidental, consequential or punitive damages, losses or expenses (as opposed to this Sectionactual damages, including through the Platformlosses or expenses).

Platform. (ai) The Borrower Each Loan Party agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) available to the Issuing Lender and the other Lenders by posting the Communications on the Platform. (bii) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent nor or any of its directors, officers, agents, employees, advisors, shareholders, attorneys or Affiliates Related Parties (collectively, the “Agent Parties”) have any liability to any Borrowerthe Borrower or the other Loan Parties, any Lender or any other Person or entity for damages of any kind, including including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the Borrower’s, any Loan Party’s or the Administrative Agent’s transmission of communications through the Platform, unless it is determined except to the extent found by a final and nonappealable court of competent jurisdiction in a final, non-appealable judgment or court order that the damages were the result of acts or omissions constituting to have resulted from an Agent Party’s gross negligence or willful misconduct of the Agent Partymisconduct. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of the Borrower any Loan Party pursuant to any Loan Document or the transactions contemplated therein that which is distributed to the Agent Administrative Agent, any Lender or any Issuing Lender by means of electronic communications pursuant to this Section, including through the Platform.

Platform. (ai) The Borrower Each Loan Party agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) available to the Issuing Lenders and the other Lenders by posting the Communications on the Platform. (bii) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent nor or any of its directors, officers, agents, employees, advisors, shareholders, attorneys or Affiliates Related Parties (collectively, the “Agent Parties”) have any liability to any Borrowerthe Borrower or the other Loan Parties, any Lender or any other Person or entity for damages of any kind, including including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the Borrower’s, any Loan Party’s or the Administrative Agent’s transmission of communications through the Platform, unless it is determined except to the extent any direct actual damages are found by a final and nonappealable final, non-appealable judgment or of a court order that of competent jurisdiction to arise from the damages were the result of acts or omissions constituting gross negligence negligence, bad faith or willful misconduct of the any Agent Party; provided that, in no event shall any Agent Party have any liability for any indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise). “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of the Borrower any Loan Party pursuant to any Loan Document or the transactions contemplated therein that which is distributed to the Agent Administrative Agent, any Lender or any Issuing Lender by means of electronic communications pursuant to this SectionSection 11.5, including through the Platform.

Platform. (aA) The Each Borrower Party agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) available to the Issuing Lenders and the other Lenders by posting the Communications on Debt Domain, Intralinks, Syndtrak or a substantially similar electronic transmission system (the “Platform”). (bB) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent nor or any of its directors, officers, agents, employees, advisors, shareholders, attorneys or Affiliates Related Parties (collectively, the “Agent Parties”) have any liability to any Borrowerthe Borrower or the other Borrower Parties, any Lender or any other Person or entity for damages of any kind, including including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the Borrower’s, any other Borrower Party’s or the Administrative Agent’s transmission of communications Communications through the Platform, unless it is determined by a final and nonappealable judgment or court order that the damages were the result of acts or omissions constituting gross negligence or willful misconduct of the Agent Party. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of that any Borrower Party provides to the Borrower Administrative Agent pursuant to any Loan Document or the transactions contemplated therein that which is distributed to the Agent Administrative Agent, any Lender or any Issuing Lender by means of electronic communications pursuant to this Section, including through the Platform.

Platform. (a) The Borrower Each Credit Party agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) available to the Issuing Lender and the other Lenders by posting the Communications on the Platform. (b) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent nor or any of its directors, officers, agents, employees, advisors, shareholders, attorneys or Affiliates Related Parties (collectively, the “Agent Parties”) have any liability to any Borrowerthe Borrowers or the other Credit Parties, any Lender or any other Person or entity for damages of any kind, including including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the any Borrower’s, any Credit Party’s or the Administrative Agent’s transmission of communications through the Platform, unless it is determined by a final and nonappealable judgment or court order that the damages were the result of acts or omissions constituting gross negligence or willful misconduct of the Agent Party. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of the Borrower any Credit Party pursuant to any Loan Document or the transactions contemplated therein that is distributed to the Agent Administrative Agent, any Lender or any the Issuing Lender by means of electronic communications pursuant to this Section, including through the Platform.

Platform. (ai) The Borrower Company agrees that the Agent may, but shall not be obligated to, make the Communications (as defined below) available to the Lenders by posting the Communications on DebtDomain, Intralinks, Syndtrak or a substantially similar electronic transmission system (the “Platform”). The Company acknowledges and agrees that the DQ List shall be deemed suitable for posting and may be posted by the Agent on the Platform, including the portion of the Platform that is designated for “public side” Lenders. (bii) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Agent nor or any of its directors, officers, agents, employees, advisors, shareholders, attorneys or Affiliates Related Parties (collectively, the “Agent Parties”) have any liability to any Borrowerthe Company, any Lender or any other Person or entity for damages of any kind, including including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the BorrowerCompany’s or the Agent’s transmission of communications through the Platform, unless it is determined by a final and nonappealable judgment or court order that the damages were the result of acts or omissions constituting gross negligence or willful misconduct of the Agent Party. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of that the Borrower Company provides to the Agent pursuant to any Loan Document this Agreement or the transactions contemplated therein that which is distributed to the Agent or any Lender by means of electronic communications pursuant to this Section, including through the Platform.

Platform. (ai) The Borrower Each Loan Party agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) available to the other Lenders by posting the Communications on Debt Domain, Intralinks, Syndtrak or a substantially similar electronic transmission system (the “Platform”). (bii) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent nor or any of its directors, officers, agents, employees, advisors, shareholders, attorneys or Affiliates Related Parties (collectively, the “Agent Parties”) have any liability to any BorrowerBorrower or the other Loan Parties, any Lender Lender, the L/C Issuer or any other Person or entity for damages of any kind, including including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the any Borrower’s, Loan Party’s or the Administrative Agent’s transmission of communications through the Platform, unless it is determined by a final and nonappealable judgment or court order that the damages were the result of acts or omissions constituting gross negligence or willful misconduct of the Agent Party. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of the Borrower any Loan Party pursuant to any Loan Document or the transactions contemplated therein that which is distributed to the Administrative Agent or any Lender by means of electronic communications pursuant to this Section, including through the Platform.

Platform. (ai) The Borrower Each Credit Party agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) available to the Issuing Banks and the other Lenders by posting the Communications on Debt Domain, Intralinks, Syndtrak or a substantially similar electronic transmission system (the “Platform”). (bii) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent nor or any of its directors, officers, agents, employees, advisors, shareholders, attorneys or Affiliates Related Parties (collectively, the “Agent Parties”) have any liability to any Borrowerthe Borrowers or the other Credit Parties, any Lender or any other Person or entity for damages of any kind, including including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the any Borrower’s, any other Credit Party’s or the Administrative Agent’s transmission of communications through the Platform, unless it is determined by a final and nonappealable judgment or court order that the damages were the result of acts or omissions constituting gross negligence or willful misconduct of the Agent Party. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of the Borrower any Credit Party pursuant to any Loan Credit Document or the transactions contemplated therein that which is distributed to the Agent Administrative Agent, any Lender or any Lender Issuing Bank by means of electronic communications pursuant to this Section, including through the Platform.

Platform. (ai) The Borrower agrees that the Agent may, but shall not be obligated to, make the Communications (as defined below) available to the Lenders Lender Parties by posting the Communications on Debt Domain, Intralinks, Syndtrak or a substantially similar electronic transmission system (the “Platform”). (bii) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Agent nor or any of its directors, officers, agents, employees, advisors, shareholders, attorneys or Affiliates Related Parties (collectively, the “Agent Parties”) have any liability to any the Borrower, any Lender or any other Person or entity for damages of any kind, including including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the Borrower’s or the Agent’s transmission of communications Communications through the PlatformPlatform unless, unless it is determined and solely in the case of direct damages, such damages are found in a final, non-appealable judgment by a final and nonappealable judgment or court order that of competent jurisdiction to have resulted from the damages were the result of acts or omissions constituting gross negligence or willful misconduct of the such Agent Party. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of that the Borrower provides to the Agent pursuant to any Loan Document this Agreement or the transactions contemplated therein that herein which is distributed to the Agent or any Lender Party by means of electronic communications pursuant to this Section, including through the Platform.

Platform. (ai) The Borrower Each Credit Party agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) Borrower Materials available to the Issuing Lender and the other Lenders by posting the Communications Borrower Materials on the Platform. (bii) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the accuracy or completeness of the Borrower Materials or the adequacy of the Platform Platform, and expressly disclaim liability for errors or omissions in the CommunicationsBorrower Materials. No warranty of any kind, express, implied or statutory, including any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications Borrower Materials or the Platform. In no event shall the Administrative Agent nor or any of its directors, officers, agents, employees, advisors, shareholders, attorneys or Affiliates Related Parties (collectively, the “Agent Parties”) have any liability to any BorrowerCredit Party, any Lender or any other Person or entity for damages losses, claims, damages, liabilities or expenses of any kind, including direct or indirect, special, incidental or consequential damages, losses or expenses kind (whether in tort, contract or otherwise) arising out of the Borrowerany Credit Party’s or the Administrative Agent’s transmission of communications through the Internet (including the Platform), unless it is except to the extent that such losses, claims, damages, liabilities or expenses are determined by a court of competent jurisdiction by a final and nonappealable judgment or court order that to have resulted from the damages were the result of acts or omissions constituting gross negligence or willful misconduct of the such Agent Party or breach in bad faith of such Agent Party. “Communications” means, collectively’s contractual obligations hereunder; provided that in no event shall any Agent Party have any liability to any Credit Party, any noticeLender, demand, communication, information, document or other material provided by or on behalf of the Borrower pursuant to any Loan Document or the transactions contemplated therein that is distributed to the Agent Issuing Lender or any Lender by means of electronic communications pursuant other Person for indirect, special, incidental, consequential or punitive damages, losses or expenses (as opposed to this Sectionactual damages, including through the Platformlosses or expenses).

Platform. (ai) The Borrower Each of the Seller and the Servicer agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) available to the Lenders Purchaser Parties by posting the Communications on the Platform. (bii) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent nor or any of its directors, officers, agents, employees, advisors, shareholders, attorneys or Affiliates Related Parties (collectively, the “Agent Parties”) have any liability to any BorrowerSeller-Related Party, any Lender Purchaser Party or any other Person or entity for damages of any kind, including including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the Borrowerany Seller-Related Party’s or the Administrative Agent’s transmission of communications through the Platform, unless it is determined by a final and nonappealable judgment or court order that the damages were the result of acts or omissions constituting gross negligence or willful misconduct of the Agent Party. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of the Borrower any Seller-Related Party pursuant to any Loan Transaction Document or the transactions contemplated therein that which is distributed to the Administrative Agent or any Lender other Purchaser Party by means of electronic communications pursuant to this Section, including through the Platform.

Platform. (ai) The Borrower Each Loan Party agrees that the Administrative Agent and/or the Arrangers may, but shall not be obligated to, make the Communications (as defined below) available to the Issuing Bank and the other Lenders by posting the Communications on Debt Domain, Intralinks, Syndtrak or a substantially similar electronic transmission system (the “Platform”). (bii) The Platform is provided “as is” and “as available.” The Neither the Administrative Agent nor any of its Related Parties (as defined belowcollectively, the “Agent Parties”) do not warrant make any warranty in respect of the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Agent nor any of its directors, officers, agents, employees, advisors, shareholders, attorneys or Affiliates (collectively, the “Agent Parties”) Parties have any liability to the Borrower or any Borrowerother Loan Party, any Lender or any other Person or entity for damages of any kind, including including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the Borrower’s, any Loan Party’s or the Agentany Agent Party’s transmission of communications through the Platform, unless it is determined by a final and nonappealable judgment or court order that the damages were the result of acts or omissions constituting gross negligence or willful misconduct of the Agent Party. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of the Parent, the Borrower or any other Loan Party pursuant to any Loan Document or the transactions contemplated therein that which is distributed to the Agent or Administrative Agent, any Lender or the Issuing Bank by means of electronic communications pursuant to this Sectioncommunications, including through the Platform.

Platform. (a) The Borrower Each Loan Party agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) available to the Lenders by posting the Communications on the Platform. (b) . The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent nor or any of its directors, officers, agents, employees, advisors, shareholders, attorneys or Affiliates Related Parties (collectively, as used in this Section, the “Agent Parties”) have any liability to any Borrowerof the Loan Parties, any Lender or any other Person or entity for damages of any kind, including including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the Borrower’s, any Loan Party’s or the Administrative Agent’s transmission of communications through the PlatformPlatform unless, unless it is and only in the case of direct, out-of-pocket losses, such direct, out-of-pocket losses are determined by a court of competent jurisdiction by final and nonappealable judgment or court order that to have resulted from the damages were the result of acts or omissions constituting gross negligence or willful misconduct of the Agent PartyAdministrative Agent. “Communications” as used in this Section means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of the Borrower any Loan Party pursuant to any Loan Document or the transactions contemplated therein that which is distributed to the Administrative Agent or any Lender or any Issuing Lender by means of electronic communications pursuant to this Section, including through the Platform.

Platform. (ai) The Borrower Each Loan Party agrees that the Administrative Agent and/or the Arrangers may, but shall not be obligated to, make the Communications (as defined below) available to the Issuing Bank and the other Lenders by posting the Communications on Debt Domain, Intralinks, Syndtrak or a substantially similar electronic transmission system (the "Platform"). (bii) The Platform is provided “"as is” " and “"as available.” " The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent nor or any of its directors, officers, agents, employees, advisors, shareholders, attorneys or Affiliates Related Parties (collectively, the “"Agent Parties”") have any liability to any Borrowerthe Borrower or the other Loan Parties, any Lender or any other Person or entity for damages of any kind, including including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the Borrower’s 's, any Loan Party's or the Administrative Agent’s 's transmission of communications through the Platform, unless it is determined by a final and nonappealable judgment or court order that the damages were the result of acts or omissions constituting gross negligence or willful misconduct of the Agent Party. “"Communications” " means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of the Borrower Borrower, any Loan Party nor Parent pursuant to any Loan Document or the transactions contemplated therein that which is distributed to the Agent or Administrative Agent, any Lender or the Issuing Bank by means of electronic communications pursuant to this Sectioncommunications, including through the Platform.

Platform. (ai) The Each Borrower Party agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) available to the Issuing Lender, the Swing Line Lender and the other Lenders by posting the Communications on Debt Domain, Intralinks, Syndtrak or a substantially similar electronic transmission system (the “Platform”). (bii) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent nor or any of its directors, officers, agents, employees, advisors, shareholders, attorneys or Affiliates Related Parties (collectively, the “Agent Parties”) have any liability to any Borrowerthe Borrower or the other Borrower Parties, any Lender or any other Person or entity for damages of any kind, including including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the Borrower’s , any Borrower Party’s or the Administrative Agent’s transmission of communications Communications through the Platform, unless it is determined by a final and nonappealable judgment or court order that the damages were the result of acts or omissions constituting gross negligence or willful misconduct of the Agent Party. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of that any Borrower Party provides to the Borrower Administrative Agent pursuant to any Loan Document or the transactions contemplated therein that which is distributed to the Agent Administrative Agent, any Lender, the Swing Line Lender or any the Issuing Lender by means of electronic communications pursuant to this Section, including through the Platform.

Platform. (ai) The Borrower agrees that the Administrative Agent may, but shall not be obligated to, make available materials and/or information provided by or on behalf of the Communications Everest Parties hereunder (as defined belowcollectively, “Posting Materials”) available to the Lenders by posting the Communications Posting Materials on the Platform. (bii) The Platform is provided “as is” " and “as available.” " The Agent Parties (as defined below) do not warrant the accuracy or completeness of the Posting Materials or the adequacy of the Platform Platform, and expressly disclaim liability for errors or omissions in the CommunicationsPosting Materials. No warranty of any kind, express, implied or statutory, including including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications Posting Materials or the Platform. In no event shall the Administrative Agent nor or any of its directors, officers, agents, employees, advisors, shareholders, attorneys or Affiliates Related Parties (collectively, the “Agent Parties”) have any liability to any the Borrower, any Lender or any other Person or entity for damages losses, claims, damages, liabilities or expenses of any kind, including direct or indirect, special, incidental or consequential damages, losses or expenses kind (whether in tort, contract or otherwise) arising out of the Borrower’s or the Administrative Agent’s transmission of communications through the Internet (including, without limitation, the Platform), unless it is except to the extent that such losses, claims, damages, liabilities or expenses are determined by a court of competent jurisdiction by final and nonappealable non-appealable judgment or court order that to have resulted from the damages were the result of acts or omissions constituting gross negligence or willful misconduct of the such Agent Party. “Communications” means, collectively; provided that in no event shall any Agent Party have any liability to the Borrower, any notice, demand, communication, information, document or other material provided by or on behalf of the Borrower pursuant to any Loan Document or the transactions contemplated therein that is distributed to the Agent Lender or any Lender by means of electronic communications pursuant other Person for indirect, special, incidental, consequential or punitive damages, losses or expenses (as opposed to this Sectionactual damages, including through the Platformlosses or expenses).

Platform. (ai) The Borrower agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) available to the Issuing Lender and the other Lenders by posting the Communications on the Platform. (bii) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent nor or any of its directors, officers, agents, employees, advisors, shareholders, attorneys or Affiliates Related Parties (collectively, the “Agent Parties”) have any liability to any the Borrower, any Lender or any other Person or entity for damages of any kind, including direct or indirect, special, incidental or consequential damages, losses or expenses kind (whether in tort, contract or otherwise) arising out of the Borrower’s or the Administrative Agent’s transmission of communications through the Platform, unless it is Platform except to the extent that such damages are determined by a court of competent jurisdiction by a final and nonappealable non-appealable judgment or court order that to have resulted from the damages were the result of acts or omissions constituting gross negligence or willful misconduct of the such Agent Party; provided, however, that in no event shall any Agent Party have any liability to the Borrower, any Lender or any other Person for indirect, special, incidental, consequential or punitive damages (as opposed to direct or actual damages). “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of the Borrower pursuant to any Loan Document or the transactions contemplated therein that which is distributed to the Agent Administrative Agent, any Lender or any Issuing Lender by means of electronic communications pursuant to this Section, including through the Platform.

Platform. (ai) The Borrower Xxxxxxxx agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) available to the Lenders by posting the Communications on Debt Domain, Intralinks, Syndtrak or a substantially similar electronic transmission system (the “Platform”). (bii) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the CommunicationsCommunications that are the result of the inadequacy of the Platform. No warranty of any kind, express, implied or statutory, including including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent nor or any of its directors, officers, agents, employees, advisors, shareholders, attorneys or Affiliates Related Parties (collectively, the “Agent Parties”) have any liability to any BorrowerBorrower or the other Loan Parties, any Lender or any other Person or entity for damages of any kind, including including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the Borrower’s, any Loan Party’s or the Administrative Agent’s transmission of communications Communications through the Platform, unless it is determined by a final and nonappealable judgment or court order that the damages were the result of acts or omissions constituting gross negligence or willful misconduct of the Agent Party. “Communications” meansshall mean, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of the Borrower any Loan Party pursuant to any Loan Document or the transactions contemplated therein that which is distributed to the Administrative Agent or any Lender by means of electronic communications pursuant to this Section, including through the Platform.

Platform. (ai) The Each of the Borrower and the Servicer agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) available to the Lenders Credit Parties by posting the Communications on the Platform. (bii) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent nor or any of its directors, officers, agents, employees, advisors, shareholders, attorneys or Affiliates Related Parties (collectively, the “Agent Parties”) have any liability to any Borrower-Related Party, any Lender Credit Party or any other Person or entity for damages of any kind, including including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the any Borrower-Related Party’s or the Administrative Agent’s transmission of communications through the Platform, unless it is determined by a final and nonappealable judgment or court order that the damages were the result of acts or omissions constituting gross negligence or willful misconduct of the Agent Party. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of the Borrower any Borrower-Related Party pursuant to any Loan Transaction Document or the transactions contemplated therein that which is distributed to the Administrative Agent or any Lender other Credit Party by means of electronic communications pursuant to this Section, including through the Platform.

Platform. (ai) The Borrower Each Credit Party agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) Borrower Materials available to the Issuing Lenders and the other Lenders by posting the Communications Borrower Materials on the Platform. (bii) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the accuracy or completeness of the Borrower Materials or the adequacy of the Platform Platform, and expressly disclaim liability for errors or omissions in the CommunicationsBorrower Materials. No warranty of any kind, express, implied or statutory, including any warranty of merchantability, fitness for a particular purpose, non-non- infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications Borrower Materials or the Platform. In no event shall the Administrative Agent nor or any of its directors, officers, agents, employees, advisors, shareholders, attorneys or Affiliates Related Parties (collectively, the “Agent Parties”) have any liability to any BorrowerCredit Party, any Lender or any other Person or entity for damages losses, claims, damages, liabilities or expenses of any kind, including direct or indirect, special, incidental or consequential damages, losses or expenses kind (whether in tort, contract or otherwise) arising out of the Borrowerany Credit Party’s or the Administrative Agent’s transmission of communications through the Internet (including the Platform), unless it is except to the extent that such losses, claims, damages, liabilities or expenses are determined by a court of competent jurisdiction by final and nonappealable judgment or court order that to have resulted from the damages were the result of acts or omissions constituting gross negligence or willful misconduct of the such Agent Party. “Communications” means, collectively; provided that in no event shall any Agent Party have any liability to any Credit Party, any noticeLender, demand, communication, information, document or other material provided by or on behalf of the Borrower pursuant to any Loan Document or the transactions contemplated therein that is distributed to the Agent ​ ​ Issuing Lender or any Lender by means of electronic communications pursuant other Person for indirect, special, incidental, consequential or punitive damages, losses or expenses (as opposed to this Sectionactual damages, including through the Platformlosses or expenses).

Platform. (ai) The Borrower Each Obligor agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) available to the LC Issuer, the Swingline Lender, and the other Lenders by posting the Communications on Debt Domain, Intralinks, Syndtrak, DebtX, or a substantially similar electronic transmission system (the “Platform”). (bii) The Platform is provided “as is” and “as available.” The Administrative Agent and its Related Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by the Administrative Agent of any Agent Party of its Related Parties in connection with the Communications or the Platform. In no event shall the Administrative Agent nor or any of its directors, officers, agents, employees, advisors, shareholders, attorneys or Affiliates (collectively, the “Agent Parties”) Related Parties have any liability to any BorrowerBorrower or the other Obligors, any Lender or any other Person or entity for damages of any kind, including direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the Borrower’s, any Obligor’s or the Administrative Agent’s transmission of communications through the Platform, unless it is determined by a final and nonappealable judgment or court order that the damages were the result of acts or omissions constituting gross negligence or willful misconduct of the Agent Party. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of the Borrower any Obligor pursuant to any Loan Document or the transactions contemplated therein that which is distributed to the Agent Administrative Agent, any Lender, the Swingline Lender, or any Lender the LC Issuer by means of electronic communications pursuant to this Section, including through the Platform.

Platform. (ai) The Borrower Each Loan Party agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) available to the Issuing Lender and the other Lenders by posting the Communications on Debt Domain, Intralinks, Syndtrak or a substantially similar electronic transmission system (the "Platform"). (bii) The Platform is provided “"as is” " and “"as available.” " The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent nor or any of its directors, officers, agents, employees, advisors, shareholders, attorneys or Affiliates Related Parties (collectively, the “"Agent Parties”") have any liability to any Borrowerthe Borrower or the other Loan Parties, any Lender or any other Person or entity for damages of any kind, including including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the Borrower’s 's, any Loan Party's or the Administrative Agent’s 's transmission of communications through the Platform, unless it is determined by a final and nonappealable judgment or court order that the damages were the result of acts or omissions constituting gross negligence or willful misconduct of the Agent Party. “"Communications” " means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of the Borrower any Loan Party pursuant to any Loan Document or the transactions contemplated therein that which is distributed to the Agent Administrative Agent, any Lender or any Issuing Lender by means of electronic communications pursuant to this Section, including through the Platform.

Platform. (ai) The Borrower Each Loan Party agrees that the Administrative Agent may, but shall is not be obligated to, make the Communications (as defined below) available to the L/C Issuers and the Lenders by posting the Communications on Debt Domain, Intralinks, Syndtrak or a substantially similar electronic transmission system (the “Platform”). The Borrower acknowledges and agrees that the DQ List shall be deemed suitable for posting and may be posted by the Administrative Agent on the Platform, including the portion of the Platform that is designated for “public side” Lenders. (bii) The Platform is provided “as is” and “as available.” The Administrative Agent and its Related Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by the Administrative Agent or any Agent Party of its Related Parties in connection with the Communications or the Platform. In no event shall the Administrative Agent nor or any of its directors, officers, agents, employees, advisors, shareholders, attorneys or Affiliates (collectively, the “Agent Parties”) Related Parties have any liability to the Loan Parties or any Borrowerof their Subsidiaries, any Lender or any other Person or entity for damages of any kind, including direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the Borrowerany Loan Party’s or the Administrative Agent’s transmission of communications Communications through the Platform, unless it is determined by a final and nonappealable judgment or court order that the damages were the result of acts or omissions constituting gross negligence or willful misconduct of the Agent Party. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of that any Loan Party provides to the Borrower Administrative Agent pursuant to any Loan Document or the transactions contemplated therein that which is distributed to the Agent Administrative Agent, and Lender or any Lender an L/C Issuer by means of electronic communications pursuant to this SectionSection 11.8, including through the Platform.

Platform. (ai) The Borrower Each Credit Party agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) Borrower Materials available to the Issuing Lender and the other Lenders by posting the Communications Borrower Materials on the Platform. (bii) The Platform is provided “as is” is and “as available.” . The Agent Parties (as defined below) do not warrant the accuracy or completeness of the Borrower Materials or the adequacy of the Platform Platform, and expressly disclaim liability for errors or omissions in the CommunicationsBorrower Materials. No warranty of any kind, express, implied or statutory, including including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications Borrower Materials or the Platform. In no event shall the Administrative Agent nor or any of its directors, officers, agents, employees, advisors, shareholders, attorneys or Affiliates Related Parties (collectively, the “Agent Parties”) have any liability to any BorrowerCredit Party, any Lender or any other Person or entity for damages losses, claims, damages, liabilities or expenses of any kind, including direct or indirect, special, incidental or consequential damages, losses or expenses kind (whether in tort, contract or otherwise) arising out of the Borrowerany Credit Party’s or the Administrative Agent’s transmission of communications through the Internet (including, without limitation, the Platform), unless it is except to the extent that such losses, claims, damages, liabilities or expenses are determined by a court of competent jurisdiction by final and nonappealable judgment or court order that to have resulted from the damages were the result of acts or omissions constituting gross negligence negligence, bad faith or willful misconduct of the such Agent Party. “Communications” means, collectively; provided that in no event shall any Agent Party have any liability to any Credit Party, any noticeLender, demand, communication, information, document or other material provided by or on behalf of the Borrower pursuant to any Loan Document or the transactions contemplated therein that is distributed to the Agent Issuing Lender or any Lender by means of electronic communications pursuant other Person for indirect, special, incidental, consequential or punitive damages, losses or expenses (as opposed to this Sectionactual damages, including through the Platformlosses or expenses).

Platform. (ai) The Borrower Each Loan Party agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) available to the L/C Issuers and the other Lenders by posting the Communications on Debt Domain, Intralinks, Syndtrak or a substantially similar electronic transmission system (the “Platform”). (bi) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the CommunicationsCommunications (as defined below). No warranty of any kind, express, implied or statutory, including including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent nor or any of its directors, officers, agents, employees, advisors, shareholders, attorneys or Affiliates Related Parties (collectively, the “Agent Parties”) have any liability to any Borrowerthe Borrower or the other Loan Parties, any Lender or any other Person or entity for damages of any kind, including including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the Borrower’s, any Loan Party’s or the Administrative Agent’s transmission of communications through the Platform, unless it is determined by a final and nonappealable judgment or court order that the damages were the result of acts or omissions constituting gross negligence or willful misconduct of the Agent Party. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of the Borrower any Loan Party pursuant to any Loan Document or the transactions contemplated therein that which is distributed to the Agent Administrative Agent, any Lender or any Lender L/C Issuer by means of electronic communications pursuant to this Section, including through the Platform.

Platform. (ai) The Each of Holdings and the Borrower agrees that the Agent may, but shall not be obligated to, make the Communications (as defined below) available to the Issuing Banks and the other Lenders by posting the Communications on Debt Domain, Intralinks, Syndtrak or a substantially similar electronic transmission system (the “Platform”). (bii) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Agent nor or any of its directors, officers, agents, employees, advisors, shareholders, attorneys or Affiliates Related Parties (collectively, the “Agent Parties”) have any liability to any Holdings, the Borrower, any Lender or any other Person or entity for damages of any kind, including direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of Holdings’, the Borrower’s or the Agent’s transmission of communications Communications through the Platform, unless it is determined except to the extent of damages caused by a final and nonappealable judgment or court order that the damages were the result of acts or omissions constituting gross negligence negligence, bad faith or willful misconduct of the any Agent PartyParty hereunder, as determined by a final, non-appealable judgment of a court of competent jurisdiction. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of Holdings, the Borrower or any other Restricted Subsidiary pursuant to any Loan Document or the transactions contemplated therein that which is distributed to the Agent Agent, any Lender or any Lender Issuing Bank by means of electronic communications transmission systems pursuant to this SectionSection 9.02, including through the Platform.

Platform. (ai) The Borrower Each Credit Party agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) available to the Issuing Banks and the other Lenders by posting the Communications on Debt Domain, IntraLinks, Syndtrak or a substantially similar electronic transmission system (the “Platform”). The Borrowers acknowledge and agree that the DQ List (if any) shall be deemed suitable for posting and may be posted by the Administrative Agent on the Platform, including the portion of the Platform that is designated for “public side” Lenders. (bii) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent nor or any of its directors, officers, agents, employees, advisors, shareholders, attorneys or Affiliates Related Parties (collectively, the “Agent Parties”) have any liability to any Borrowerthe Borrowers or the other Credit Parties, any Lender or any other Person or entity for damages of any kind, including direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the BorrowerBorrowers’, any Credit Party’s or the Administrative Agent’s transmission of communications through the Platform, unless it is determined by a final and nonappealable judgment or court order that the damages were the result of acts or omissions constituting gross negligence or willful misconduct of the Agent Party. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of that any Credit Party provides to the Borrower Administrative Agent pursuant to any Loan Credit Document or the transactions contemplated therein that which is distributed to the Agent Administrative Agent, any Lender or any Lender Issuing Bank by means of electronic communications pursuant to this Section, including through the Platform.

Platform. (ai) The Borrower Each Loan Party agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) available to the Issuing Lenders and the other Lenders by posting the Communications on Debt Domain, Intralinks, Syndtrak or a substantially similar electronic transmission system (the “Platform”). (bii) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent nor or any of its directors, officers, agents, employees, advisors, shareholders, attorneys or Affiliates Related Parties (collectively, the “Agent Parties”) have any liability to any Borrowerthe Company or the other Loan Parties, any Lender, any Issuing Lender or any other Person or entity for damages of any kind, including including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the BorrowerCompany’s, any Loan Party’s or the Administrative Agent’s transmission of communications through the Platform, unless it is determined by a final and nonappealable judgment or court order that the damages were the result of acts or omissions constituting gross negligence or willful misconduct of the Agent Party. “Communications” meansshall mean, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of the Borrower any Loan Party pursuant to any Loan Document or the transactions contemplated therein that which is distributed to the Agent Administrative Agent, any Lender or any Issuing Lender by means of electronic communications pursuant to this Section, including through the Platform.

Platform. (a1) The Borrower agrees that the Agent may, but shall not be obligated to, make the Communications (as defined below) available to the Lenders by posting the Communications on Debt Domain, Intralinks, SyndTrak or a substantially similar electronic transmission system (the "Platform"). (b2) The Platform is provided “"as is” " and “"as available.” " The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Agent nor or any of its directors, officers, agents, employees, advisors, shareholders, attorneys or Affiliates (collectively, the “"Agent Parties”") have any liability to the Borrower or any Borrowerof its Subsidiaries, any Lender or any other Person or entity person for damages of any kind, including direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the Borrower’s 's, any Subsidiary's or the Agent’s 's transmission of communications through the Platform, unless it is determined by a final and nonappealable judgment or court order that the damages were the result of acts or omissions constituting gross negligence or willful misconduct of the Agent Party. “"Communications” " means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of that the Borrower or any Subsidiary thereof provides to the Agent pursuant to any Loan Document or the transactions contemplated therein that which is distributed to the Agent or any Lender by means of electronic communications pursuant to this SectionSection 16.16, including through the Platform.

Platform. (a) The Borrower agrees that the Administrative Agent may, but shall not be obligated to, make the Syndicate Communications (as defined below) available to the Lenders by posting the such Syndicate Communications on Debtdomain™, IntraLinks, Syndtrak or a substantially similar electronic transmission system (collectively, the “Platform. (b) ”). The Platform is provided by the Administrative Agent “as is” and “as available.” ”. The Agent Parties (as defined below) do not warrant the accuracy or completeness of the Syndicate Communications or the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Syndicate Communications. No warranty of any kind, express, implied or statutory, including including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Syndicate Communications or the Platform. In no event shall the Administrative Agent nor or any of its directors, officers, agents, employees, advisors, shareholders, attorneys or Affiliates (collectively, the “Agent Parties”) have any liability to any the Borrower, any Lender Lenders or any other Person for losses, claims, damages, liabilities or entity for damages expenses of any kind, including direct or indirect, special, incidental or consequential damages, losses or expenses kind (whether in tort, contract or otherwise) arising out of the Borrower’s or the Agentany Agent Party’s transmission or posting of communications Obligor materials through the PlatformPlatform or via email, unless it is except to the extent such losses, claims, damages, liabilities or expenses are determined by a court of competent jurisdiction by a final and nonappealable judgment or court order that to have resulted from the damages were the result of acts or omissions constituting gross negligence or willful misconduct of the such Agent Party. “Communications” means; provided, collectivelyhowever, that in no event shall any Agent Party have any liability to Borrower, any notice, demand, communication, information, document or other material provided by or on behalf of the Borrower pursuant to any Loan Document or the transactions contemplated therein that is distributed to the Agent Lender or any Lender by means of electronic communications pursuant other Person for indirect, incidental, consequential or punitive damages (as opposed to this Section, including through the Platformdirect or actual damages).

Platform. (ai) The Borrower Each Obligor agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) available to the Issuing Lenders and the other Lenders by posting the Communications on Debt Domain, Intralinks, Syndtrak or a substantially similar electronic transmission system (the “Platform”); provided that the foregoing shall not apply to notices to HSBC as Lender. (bii) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent nor or any of its directors, officers, agents, employees, advisors, shareholders, attorneys or Affiliates Related Parties (collectively, the “Agent Parties”) have any liability to any BorrowerObligor, any Lender or any other Person or entity for damages of any kind, including direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the Borrower’s or the Administrative Agent’s transmission (whether on behalf of communications itself or behalf of an Obligor) of Communications through the Platform, unless it is determined by a final and nonappealable judgment or court order that the damages were the result of acts or omissions constituting gross negligence or willful misconduct of the Agent Party. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of the Borrower an Obligor pursuant to any Loan Document or the transactions contemplated therein that which is distributed to the Agent Administrative Agent, any Lender or any Issuing Lender by means of electronic communications pursuant to this SectionSection 11.01, including through the Platform.

Platform. (a) The Borrower agrees Borrowers agree that the Agent may, but shall not be obligated to, make the Communications (as defined below) available to the Letter of Credit Issuers and the Lenders by posting the Communications on the Platform. (b) The Platform is provided “"as is” " and “"as available.” " The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Agent nor any of its directors, officers, agents, employees, advisors, shareholders, attorneys or Affiliates (collectively, the “"Agent Parties”") have any liability to any Borrower, any Lender or any other Person or entity for damages of any kind, including direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the Borrower’s Borrowers' or the Agent’s 's transmission of communications through the Platform, unless it is determined by a final and nonappealable judgment or court order that the damages were the result of acts or omissions constituting gross negligence or willful misconduct of the Agent Party. “"Communications” " means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of the Borrower Borrowers pursuant to any Loan Document or the transactions contemplated therein that is distributed to the Agent Agent, any Lender or any Lender Letter of Credit Issuer by means of electronic communications pursuant to this Section, including through the Platform.

Platform. (ai) The Borrower Each Loan Party agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) available to the Issuing Lenders and the other Lenders by posting the Communications on Debt Domain, Intralinks, Syndtrak or a substantially similar electronic transmission system (the "Platform"). (bii) The Platform is provided “"as is” " and “"as available.” " The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent nor or any of its directors, officers, agents, employees, advisors, shareholders, attorneys or Affiliates Related Parties (collectively, the “"Agent Parties”") have any liability to any Borrowerthe Borrower or the other Loan Parties, any Lender or any other Person or entity for damages of any kind, including including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the Borrower’s any Loan Party's or the Administrative Agent’s 's transmission of communications through the Platform, unless it is determined by a final and nonappealable judgment or court order that the damages were the result of acts or omissions constituting gross negligence or willful misconduct of the Agent Party. “"Communications” " means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of the Borrower any Loan Party pursuant to any Loan Document or the transactions contemplated therein that which is distributed to the Agent Administrative Agent, any Lender or any Issuing Lender by means of electronic communications pursuant to this Section, including through the Platform.

Platform. (ai) The Borrower agrees that the Agent maymay with the Borrower’s prior written consent as to any particular Communication (as defined below), but shall not be obligated to, make the Communications (as defined below) available to the Lenders other Banks by posting the Communications on Debt Domain, Intralinks, Syndtrak or a substantially similar electronic transmission system (the “Platform”). (bii) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any the Agent Party Parties in connection with the Communications or the Platform. In no event shall the Agent nor or any of its directors, officers, agents, employees, advisors, shareholders, attorneys or Affiliates related parties (collectively, the “Agent Parties”) have any liability to the Borrower or any Borrowerof its Affiliates, any Lender Bank or any other Person or entity for damages of any kind, including including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the Borrower’s or the Agent’s transmission of communications through the Platform, unless it is determined by a final and nonappealable judgment or court order that the damages were the result of acts or omissions constituting gross negligence or willful misconduct of the Agent Party. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of the Borrower or its Affiliates pursuant to any Loan Document or the transactions contemplated therein that which is distributed to the Agent or any Lender Bank by means of electronic communications pursuant to this Section, including through the Platform.

Platform. (ai) The Borrower Each Credit Party agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) Borrower Materials available to the Issuing Lenders and the other Lenders by posting the Communications Borrower Materials on the Platform. (bii) The Platform is provided “as is” and “as available.” ”. The Agent Parties (as defined below) do not warrant the accuracy or completeness of the Borrower Materials or the adequacy of the Platform Platform, and expressly disclaim liability for errors or omissions in the CommunicationsBorrower Materials. No warranty of any kind, express, implied or statutory, including any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications Borrower Materials or the Platform. In no event shall the Administrative Agent nor or any of its directors, officers, agents, employees, advisors, shareholders, attorneys or Affiliates Related Parties (collectively, the “Agent Parties”) have any liability to any BorrowerCredit Party, any Lender or any other Person or entity for damages losses, claims, damages, liabilities or expenses of any kind, including direct or indirect, special, incidental or consequential damages, losses or expenses kind (whether in tort, contract or otherwise) arising out of the Borrowerany Credit Party’s or the Administrative Agent’s transmission of communications through the Internet (including the Platform), unless it is except to the extent that such losses, claims, damages, liabilities or expenses are determined by a court of competent jurisdiction by final and nonappealable judgment or court order that to have resulted 162 from the damages were the result of acts or omissions constituting gross negligence negligence, bad faith or willful misconduct of the such Agent Party. “Communications” means, collectively; provided that in no event shall any Agent Party have any liability to any Credit Party, any noticeLender, demand, communication, information, document or other material provided by or on behalf of the Borrower pursuant to any Loan Document or the transactions contemplated therein that is distributed to the Agent Issuing Lender or any Lender by means of electronic communications pursuant other Person for indirect, special, incidental, consequential or punitive damages, losses or expenses (as opposed to this Sectionactual damages, including through the Platformlosses or expenses).

Platform. (ai) The Each of the Borrower and each Guarantor agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) available to the L/C Issuers and the other Lenders by posting the Communications on Debt Domain, Intralinks, Syndtrak or a substantially similar electronic transmission system (the “Platform”). (bii) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent nor or any of its directors, officers, agents, employees, advisors, shareholders, attorneys or Affiliates Related Parties (collectively, the “Agent Parties”) have any liability to the Borrower, any BorrowerGuarantor, any Lender or any other Person or entity for damages of any kind, including including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the Borrower’s, any Guarantor’s or the Administrative Agent’s transmission of communications through the Platform, unless it is determined by a final and nonappealable judgment or court order that the damages were the result of acts or omissions constituting gross negligence or willful misconduct of the Agent Party. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of the Borrower or any Guarantor pursuant to any Loan Document or the transactions contemplated therein that which is distributed to the Agent Administrative Agent, any Lender or any Lender L/C Issuer by means of electronic communications pursuant to this Section, including through the Platform.

Platform. (ai) The Borrower agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) available to the Issuing Lender and the other Lenders by posting the Communications on Debt Domain, Intralinks, Syndtrak or a substantially similar electronic transmission system (the “Platform”). (bii) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Agent nor Administrative Agent, any of its directorsaffiliates, or any of its or its affiliates' officers, employees, agents, employees, advisors, shareholders, attorneys or Affiliates representatives (collectively, the “Agent Parties”) have any liability to any Borrowerthe Borrower or the other Obligors, any Lender or any other Person or entity for damages of any kind, including direct except damages arising directly from the gross negligence or willful misconduct of the Administrative Agent as determined by a final non-appealable judgment of a court of competent jurisdiction, but in no event shall any Agent Party be liable for any indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) ), arising out of the Borrower’s 's or the Administrative Agent’s 's transmission of communications through the Platform, unless it is determined by a final and nonappealable judgment or court order that the damages were the result of acts or omissions constituting gross negligence or willful misconduct of the Agent Party. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of the Borrower pursuant to any Loan Document or the transactions contemplated therein that which is distributed to the Agent Administrative Agent, any Lender or any the Issuing Lender by means of electronic communications pursuant to this SectionSection 12.1, including through the Platform.

Platform. (a1) The Each Borrower agrees that the Agent may, but shall not be obligated to, make the Communications (as defined below) available to the Lenders by posting the Communications on Debt Domain, Intralinks, Syndtrak or a substantially similar electronic transmission system (the "Platform"). (b2) The Platform is provided “"as is” " and “"as available.” " The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Agent nor or any of its directors, officers, agents, employees, advisors, shareholders, attorneys or Affiliates (collectively, the “"Agent Parties”") have any liability to the Borrowers or any Borrowerof their Subsidiaries, any Lender or any other Person or entity person for damages of any kind, including direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the any Borrower’s 's, any Subsidiary's or the Agent’s 's transmission of communications through the Platform, unless it is determined by a final and nonappealable judgment or court order that the damages were the result of acts or omissions constituting gross negligence or willful misconduct of the Agent Party. “"Communications” " means, collectively, any notice, demand, communication, information, document or other material provided by that a Borrower or on behalf of any Subsidiary thereof provides to the Borrower Agent pursuant to any Loan Document or the transactions contemplated therein that which is distributed to the Agent or any Lender by means of electronic communications pursuant to this SectionSection 16.19, including through the Platform.

Platform. (aA) The Borrower Each Loan Party agrees that the Agent may, but shall not be obligated to, make the Communications (as defined below) available to the Issuing Lender and the other Lenders by posting the Communications on the Platform.. 90 (bB) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Agent nor or any of its Affiliates or the partners, directors, officers, employees, agents, employeestrustees, advisorsadministrators, shareholdersmanagers, attorneys advisors and representatives of Agent or its Affiliates (collectively, the “Agent Parties”) have any liability to any BorrowerBorrower or the other Loan Parties, any Lender or any other Person or entity for damages of any kind, including including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the BorrowerBxxxxxxx’s, any Loan Party’s or the Agent’s transmission of communications through the Platform, unless it is determined by a final and nonappealable judgment or court order that the damages were the result of acts or omissions constituting gross negligence or willful misconduct of the Agent Party. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of the Borrower any Loan Party pursuant to any Loan Document or the transactions contemplated therein that which is distributed to the Agent Agent, any Lender or any Issuing Lender by means of electronic communications pursuant to this Section, including through the Platform.

Platform. (a1) The Borrower agrees that the Agent may, but shall not be obligated to, make the Communications (as defined below) available to the Lenders by posting the Communications on Debt Domain, IntraLinks, SyndTrak or a substantially similar electronic transmission system (the "Platform"). (b2) The Platform is provided “"as is” " and “"as available.” " The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Agent nor or any of its directors, officers, agents, employees, advisors, shareholders, attorneys or Affiliates (collectively, the “"Agent Parties”") have any liability to the Borrower or any Borrowerof its Subsidiaries, any Lender or any other Person or entity person for damages of any kind, including direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the Borrower’s 's, any Subsidiary's or the Agent’s 's transmission of communications through the Platform, unless it is determined by a final and nonappealable judgment or court order that the damages were the result of acts or omissions constituting gross negligence or willful misconduct of the Agent Party. “"Communications” " means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of that the Borrower or any Subsidiary thereof provides to the Agent pursuant to any Loan Document or the transactions contemplated therein that which is distributed to the Agent or any Lender by means of electronic communications pursuant to this SectionSection 15.16, including through the Platform.

Platform. (a) The Borrower Each Loan Party agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) available to the Lenders by posting the Communications on Debt Domain, Intralinks, Syndtrak or a substantially similar electronic transmission system (the "Platform. (b) "). The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent nor or any of its directors, officers, agents, employees, advisors, shareholders, attorneys or Affiliates Related Parties (collectively, the “"Agent Parties”") have any liability to any Borrowerof the Loan Parties, any Lender or any other Person or entity for damages of any kind, including including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the Borrower’s, any Loan Party’s or the Administrative Agent’s transmission of communications through the PlatformPlatform unless, unless it is and only in the case of direct, out-of-pocket losses, such direct, out-of-pocket losses are determined by a court of competent jurisdiction by final and nonappealable judgment or court order that to have resulted from the damages were the result of acts or omissions constituting gross negligence or willful misconduct of the Agent PartyAdministrative Agent. “"Communications” " as used in this Section means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of the Borrower any Loan Party pursuant to any Loan Document or the transactions contemplated therein that which is distributed to the Administrative Agent or any Lender by means of electronic communications pursuant to this Section, including through the Platform.

Platform. (a) The Borrower Each Loan Party agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) available to the Issuing Lender and the other Lenders by posting the Communications on the Platform. (b) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent nor or any of its directors, officers, agents, employees, advisors, shareholders, attorneys or Affiliates Related Parties (collectively, the “"Agent Parties”") have any liability to any Borrowerthe Borrower or the other Loan Parties, any Lender or any other Person or entity for damages of any kind, including including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the Borrower’s, any Loan Party’s or the Administrative Agent’s transmission of communications through the Platform, unless it is determined by a final and nonappealable judgment or court order that the damages were the result of acts or omissions constituting gross negligence or willful misconduct of the Agent Party. “"Communications” " means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of the Borrower any Loan Party pursuant to any Loan Document or the transactions contemplated therein that which is distributed to the Agent Administrative Agent, any Lender or any Issuing Lender by means of electronic communications pursuant to this Section, including through the Platform.

Platform. (ai) The Borrower agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) available to the Issuing Lender and the other Lenders by posting the Communications on the Platform. (bii) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent nor or any of its directors, officers, agents, employees, advisors, shareholders, attorneys or Affiliates Related Parties (collectively, the “Agent Parties”) have any liability to any the Borrower, any Lender or any other Person or entity for damages of any kind, including including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the Borrower’s or the Administrative Agent’s transmission of communications through the Platform, unless it is determined by a final and nonappealable judgment or court order that the damages were the result of acts or omissions constituting gross negligence or willful misconduct of the Agent Party. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of the Borrower pursuant to any Loan Document or the transactions contemplated therein that which is distributed to the Agent Administrative Agent, any Lender or any Issuing Lender by means of electronic communications pursuant to this Section, including through the Platform.

Platform. (ai) The Borrower Each Loan Party agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) available to the L/C Issuers and the other Lenders by posting the Communications on Debt Domain, Intralinks, Syndtrak or a substantially similar electronic transmission system (the “Platform”). (bi) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent nor or any of its directors, officers, agents, employees, advisors, shareholders, attorneys or Affiliates Related Parties (collectively, the “Agent Parties”) have any liability to any Borrowerthe Borrower or the other Loan Parties, any Lender or any other Person or entity for damages of any kind, including including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the Borrower’s, any Loan Party’s or the Administrative Agent’s transmission of communications through the Platform, unless it is determined by a final and nonappealable judgment or court order that the damages were the result of acts or omissions constituting gross negligence or willful misconduct of the Agent Party. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of the Borrower any Loan Party pursuant to any Loan Document or the transactions contemplated therein that which is distributed to the Agent Administrative Agent, any Lender or any Lender L/C Issuer by means of electronic communications pursuant to this Section, including through the Platform.

Platform. (ai) The Borrower Each Loan Party agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) available to the L/C Issuers and the other Lenders by posting the Communications on Debt Domain, Intralinks, Syndtrak or a substantially similar electronic transmission system (the “Platform”). (bii) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement non‑infringement of third-party third‑party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent nor or any of its directors, officers, agents, employees, advisors, shareholders, attorneys or Affiliates Related Parties (collectively, the “Agent Parties”) have any liability to any Borrowerthe Borrower or the other Loan Parties, any Lender or any other Person or entity for damages of any kind, including including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the Borrower’s, any Loan Party’s or the Administrative Agent’s transmission of communications through the Platform, unless it is determined by a final and nonappealable judgment or court order that the damages were the result of acts or omissions constituting gross negligence or willful misconduct of the Agent Party. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of the Borrower any Loan Party pursuant to any Loan Document or the transactions contemplated therein that which is distributed to the Agent Administrative Agent, any Lender or any Lender L/C Issuer by means of electronic communications pursuant to this Section, including through the Platform.

Platform. (a) The Borrower Each party agrees that the Administrative Agent may, but shall is not be obligated to, make the Communications (as defined below) available to the Lenders by posting the Communications on the Platform. Platform (b) as defined below). The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall will the Administrative Agent nor or any of its directors, officers, agents, employees, advisors, shareholders, attorneys or Affiliates Related Parties (collectively, the “Agent Parties”) have any liability to any Borrower, any Lender or any other Person or entity for damages of any kind, including direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the Borrower’s, the Portfolio Asset Servicer’s, the Facility Servicer’s, any Loan Party’s or the Administrative Agent’s transmission of communications through the Platform, unless it is determined by a final and nonappealable judgment or court order that the damages were the result of acts or omissions constituting gross negligence or willful misconduct of the Agent Party. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of Borrower, the Borrower Portfolio Asset Servicer or the Facility Servicer pursuant to any Loan Transaction Document or the transactions contemplated therein that is distributed to the Administrative Agent or any Lender by means of electronic communications pursuant to this Section, Section including through the Platform.. “Platform” means Debt Domain, Intralinks, Syndtrak or a substantially similar electronic transmission system. Executed as of the date first above written. The Borrower: FS CREIT FINANCE MM-1 LLC By: /s/ Xxxxxx X. Xxxxxxxx, Xx. Name: Xxxxxx X. Xxxxxxxx, Xx. Title: Chief Financial Officer Solely with respect to the Specified Provisions and without recourse other than to the extent of the Pledged Collateral: Holdings: FS CREIT FINANCE HOLDINGS LLC By: /s/ Xxxxxx X. Xxxxxxxx, Xx. Name: Xxxxxx X Xxxxxxxx, Xx. Title: Chief Financial Officer The Initial Lender: MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY By: /s/ Xxxxxx Xxxxxx Name: Xxxxxx Xxxxxx Title: Head of Alternative and Private Equity Lender:

Platform. (a1) The Borrower agrees that the Agent may, but shall not be obligated to, make the Communications (as defined below) available to the Lenders by posting the Communications on Debt Domain, Intralinks, SyndTrak or a substantially similar electronic transmission system (the “Platform”). (b2) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Agent nor or any of its directors, officers, agents, employees, advisors, shareholders, attorneys or Affiliates (collectively, the “Agent Parties”) have any liability to the Borrower or any Borrowerof its Subsidiaries, any Lender or any other Person or entity person for damages of any kind, including direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the Borrower’s, any Subsidiary’s or the Agent’s transmission of communications through the Platform, unless it is determined by a final and nonappealable judgment or court order that the damages were the result of acts or omissions constituting gross negligence or willful misconduct of the Agent Party. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of that the Borrower or any Subsidiary thereof provides to the Agent pursuant to any Loan Document or the transactions contemplated therein that which is distributed to the Agent or any Lender by means of electronic communications pursuant to this SectionSection 16.16, including through the Platform.

Platform. (ai) The Borrower Each Credit Party agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) Borrower Materials available to the Issuing Lender and the other Lenders by posting the Communications on the Platform. (bii) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the accuracy or completeness of the Borrower Materials or the adequacy of the Platform Platform, and expressly disclaim liability for errors or omissions in the CommunicationsBorrower Materials. No warranty of any kind, express, implied or statutory, including including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications Borrower Materials or the Platform. In no event shall the Administrative Agent nor or any of its directors, officers, agents, employees, advisors, shareholders, attorneys or Affiliates Related Parties (collectively, the “Agent Parties”) have any liability to any BorrowerCredit Party, any Lender or any other Person or entity for damages losses, claims, damages, liabilities or expenses of any kind, including direct or indirect, special, incidental or consequential damages, losses or expenses kind (whether in tort, contract or otherwise) arising out of the Borrowerany Credit Party’s or the Administrative Agent’s transmission of communications through the Internet (including, without limitation, the Platform), unless it is except to the extent that such losses, claims, damages, liabilities or expenses are determined by a court of competent jurisdiction by final and nonappealable judgment or court order that to have resulted from the damages were the result of acts or omissions constituting gross negligence or willful misconduct of the such Agent Party. “Communications” means, collectively; provided that in no event shall any Agent Party have any liability to any Credit Party, any noticeLender, demand, communication, information, document or other material provided by or on behalf of the Borrower pursuant to any Loan Document or the transactions contemplated therein that is distributed to the Agent L/C Issuer or any Lender by means of electronic communications pursuant other Person for indirect, special, incidental, consequential, exemplary or punitive damages, losses or expenses (as opposed to this Sectionactual damages, including through the Platformlosses or expenses).

Platform. (a) The Borrower Each Credit Party agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) available to the Issuing Lender and the other Lenders by posting the Communications on Debt Domain, Intralinks, Syndtrak or a substantially similar electronic transmission system (the “Platform”). (b) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent nor or any of its directors, officers, agents, employees, advisors, shareholders, attorneys or Affiliates Related Parties (collectively, the “Agent Parties”) have any liability to any Borrowerthe Borrower or the other Credit Parties, any Lender or any other Person or entity for damages of any kind, including including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the Borrower’s, any Credit Party’s or the Administrative Agent’s transmission of communications through the Platform, unless it is determined by a final and nonappealable judgment or court order that the damages were the result of acts or omissions constituting gross negligence or willful misconduct of the Agent Party. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of the Borrower any Credit Party pursuant to any Loan Credit Document or the transactions contemplated therein that which is distributed to the Agent Administrative Agent, any Lender or any Issuing Lender by means of electronic communications pursuant to this Section, including through the Platform.

Platform. 83 (ai) The Borrower ODEC agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) available to the Issuing Lenders and the other Lenders by posting the Communications on Debt Domain, Intralinks, Syndtrak, DebtX or a substantially similar electronic transmission system (the “Platform”). (bii) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the CommunicationsPlatform. No warranty of any kind, express, implied or statutory, including any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent nor or any of its directors, officers, agents, employees, advisors, shareholders, attorneys or Affiliates Related Parties (collectively, the “Agent Parties”) have any liability to any BorrowerODEC, any Lender or any other Person or entity for damages of any kind, including direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the BorrowerODEC’s or the Administrative Agent’s transmission of communications through the Platform, unless it is determined by a final and nonappealable judgment except to the extent that such losses, damages, liabilities or court order that related expenses result from the damages were the result of acts or omissions constituting gross negligence negligence, bad faith or willful misconduct of the Agent PartyParties. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of that ODEC provides to the Borrower Administrative Agent pursuant to any Loan Document or the transactions contemplated therein that which is distributed to the Agent Administrative Agent, any Lender or any Issuing Lender by means of electronic communications pursuant to this Section, including through the Platform.

Platform. (ai) The Borrower agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) available to the Lenders by posting the Communications on Debt Domain, Intralinks, Syndtrak or a substantially similar password-protected, restricted electronic transmission system (the “Platform”). (bii) The Platform is provided “as is” and “as available.” The Administrative Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent nor or any of its directors, officers, agents, employees, advisors, shareholders, attorneys or Affiliates Related Parties (collectively, the “Agent Parties”) have any liability to any the Borrower, any Lender or any other Person or entity for damages of any kind, including (i) direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) or (ii) in the absence of gross negligence or willful misconduct, any other damages arising out of the Borrower’s or the Administrative Agent’s transmission of communications through the Platform, unless it is determined by a final and nonappealable judgment or court order that the damages were the result of acts or omissions constituting gross negligence or willful misconduct of the Agent Party. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of that the Borrower provides to the NYDOCS01/1619389.2 Administrative Agent pursuant to any Loan Document this Agreement or the transactions contemplated therein that which is distributed to the Administrative Agent or any Lender by means of electronic communications pursuant to this Section, including through the Platform.

Platform. (ai) The Borrower agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) available to the Lenders or L/C Issuer by posting the Communications on the Platform.. SECOND AMENDED AND RESTATED CREDIT AGREEMENT – Page 106 (bii) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Agent nor any of its directors, officers, agents, employees, advisors, shareholders, attorneys or Affiliates (collectively, the “Agent Parties”) Parties have any liability to any Borrower, any Lender or any other Person or entity for damages of any kind, including including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the Borrower’s or the Administrative Agent’s transmission of communications through the Platform. (iii) Borrower and each other Obligated Party (by its, unless it is his or her execution of a Loan Document) hereby authorizes Administrative Agent, each Lender and their respective counsel and agents and Related Parties (each an “Authorized Party”) to communicate and transfer documents and other information (including confidential information) concerning this transaction or Borrower or any other Obligated Party and the business affairs of Borrower and such other Obligated Parties via the internet or other electronic communication method. In no event shall any Authorized Party have any liability to Borrower or any other Obligated Party, any Lender or any other Person or entity for damages of any kind (whether in tort, contract or otherwise) arising out of any such communications or transmissions, except to the extent that such damages are determined by a court of competent jurisdiction in a final and nonappealable judgment or court order that to have directly resulted from the damages were the result of acts or omissions constituting gross negligence or willful misconduct of the Agent such Authorized Party. “Communications” means; provided, collectivelyhowever, that in no event shall any noticeAuthorized Party have any liability for indirect, demandspecial, communicationincidental, information, document consequential or other material provided by punitive damages (as opposed to direct or on behalf of the Borrower pursuant to any Loan Document or the transactions contemplated therein that is distributed to the Agent or any Lender by means of electronic communications pursuant to this Section, including through the Platformactual damages).

Platform. (ai) The Borrower Each Loan Party agrees that the Administrative Agent may, but shall not be obligated to, make the Communications (as defined below) available to the L/C Issuers and the other Lenders by posting the Communications on Debt Domain, Intralinks, Syndtrak or a substantially similar electronic transmission system (the “Platform”). (bi) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-third party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent nor or any of its directors, officers, agents, employees, advisors, shareholders, attorneys or Affiliates Related Parties (collectively, the “Agent Parties”) have any liability to any Borrowerthe Borrower or the other Loan Parties, any Lender or any other Person or entity for damages of any kind, including including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of the Borrower’s, any Loan Party’s or the Administrative Agent’s transmission of communications through the Platform, unless it is determined by a final and nonappealable judgment or court order that the damages were the result of acts or omissions constituting gross negligence or willful misconduct of the Agent Party. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of the Borrower any Loan Party pursuant to any Loan Document or the transactions contemplated therein that which is distributed to the Agent Administrative Agent, any Lender or any Lender L/C Issuer by means of electronic communications pursuant to this Section, including through the Platform.