Common use of Provision of Information; Meetings Clause in Contracts

Provision of Information; Meetings. (a) The Secured Parties may (as they deem necessary or appropriate in their sole discretion but without any obligation to do so) freely discuss with each other, and freely disclose to each other, any information pertaining to the business and affairs of the Obligors, the Collateral, the Secured Obligations and whether or not any Obligor is in compliance with or in default or in breach of any of the Secured Debt Documents and the Collateral Documents. The Obligors irrevocably consent to the discussions and disclosures between and among the Secured Parties as contemplated by this Section 9.2(a). (b) Any Secured Debt Representative may, at any time following the occurrence and during the continuation of an Actionable Default, request that a meeting of Secured Parties be convened, at times and locations specified in the notice, and upon such request having been given in accordance herewith, such meeting shall be convened as provided herein. A request for a meeting shall be made in a written notice given by any Secured Debt Representative to the other Secured Debt Representatives and the Collateral Agent in accordance herewith. Each such notice shall state the date of such meeting (which shall be not less than 10 nor more than 30 days after the date of such notice, unless otherwise agreed by each Secured Debt Representative and the Collateral Agent) and a general outline of the issues to be discussed at such meeting. Any Secured Party shall have the right to appoint any Person (including another Secured Party) to act as its representative at any such meeting of Secured Parties. No Secured Party shall be obligated to attend any such meetings, and no votes shall be taken at such meeting unless consented to by each Secured Debt Representative. (c) Promptly following (i) any Discharge of ABL Obligations, the ABL Agent will provide written notice of such discharge to the Collateral Agent, (ii) any Discharge of Priority Indebtedness Obligations each Priority Indebtedness Representative with respect to each applicable Series of Priority Indebtedness that is so discharged will provide written notice of such discharge to the Collateral Agent and (iii) any Discharge of Second Lien Obligations each Second Lien Debt Representative with respect to each applicable Series of Second Lien Debt that is so discharged will provide written notice of such discharge to the Collateral Agent. (d) The Collateral Agent shall promptly and simultaneously distribute to each Secured Debt Representative and the Obligors any written notice it receives in its role as Collateral Agent, including any Notice of Actionable Default and any other written notice received through the operation of the Collateral Documents. (e) Except as otherwise provided herein, the Collateral Agent may, but shall not have any obligation nor duty to, participate in any meeting or consultation held pursuant to this Section 9.2. (f) Each Obligor shall promptly notify the Collateral Agent and each Secured Debt Representative of any confidentiality obligations it undertakes, after the date hereof, which would preclude or limit in any way disclosure of information among the Secured Parties. (g) The Collateral Agent shall have the right to disclose any information disclosed or released to it if in the opinion of the Collateral Agent, or its legal counsel, it is required to disclose under any applicable laws, court order or administrative directions. The Collateral Agent shall not be responsible or liable to any party for any loss or damage arising out of or in any way sustained or incurred or in any way relating to such disclosure.

Provision of Information; Meetings. (a) The Secured Parties may (as they deem necessary or appropriate in their sole discretion but without any obligation to do so) freely discuss with each other, and freely disclose to each other, any information pertaining to the business and affairs of the Obligors, the Collateral, the Secured Obligations and whether or not any Obligor is in compliance with or in default or in breach of any of the Secured Debt Documents and the Collateral Documents. The Obligors irrevocably consent to the discussions and disclosures between and among the Secured Parties as contemplated by this Section 9.2(a). (b) Any Secured Priority Debt Representative may, at any time following the occurrence and during the continuation of an Actionable Default, request that a meeting of Secured Parties be convened, at times and locations specified in the notice, and upon such request having been given in accordance herewith, such meeting shall be convened as provided herein. A request for a meeting shall be made in a written notice given by any Secured Priority Debt Representative to the other Secured Priority Debt Representatives and the Collateral Agent Trustee in accordance herewith. Each such notice shall state the date of such meeting (which shall be not less than 10 nor more than 30 days after the date of such notice, unless otherwise agreed by each Secured Priority Debt Representative and the Collateral AgentTrustee) and a general outline of the issues to be discussed at such meeting. Any Secured Party shall have the right to appoint any Person (including another Secured Party) to act as its representative at any such meeting of Secured Parties. No Secured Party shall be obligated to attend any such meetings, and no votes shall be taken at such meeting unless consented to by each Secured Priority Debt Representative. (c) Promptly following (i) any Discharge of ABL Obligations, the ABL Agent will provide written notice of such discharge to the Collateral Agent, (ii) any Discharge of Priority Indebtedness Obligations each Priority Indebtedness Representative with respect to each applicable Series of Priority Indebtedness that is so discharged will provide written notice of such discharge to the Collateral Agent and (iii) any Discharge of Second Lien Obligations each Second Lien Debt Representative with respect to each applicable Series of Second Lien Debt that is so discharged will provide written notice of such discharge to the Collateral Agent. (db) The Collateral Agent Trustee shall promptly and simultaneously distribute to each Secured Priority Debt Representative and the Obligors any written notice it receives in its role as Collateral AgentTrustee, including any Notice of Actionable Default and any other written notice received through the operation of the Collateral Secured Debt Documents or the Security Documents. (ec) Except as otherwise provided herein, the Collateral Agent Trustee may, but shall not have any obligation nor duty to, participate in any meeting or consultation held pursuant to this Section 9.210.3. (f) Each Obligor shall promptly notify the Collateral Agent and each Secured Debt Representative of any confidentiality obligations it undertakes, after the date hereof, which would preclude or limit in any way disclosure of information among the Secured Parties. (gd) The Collateral Agent Trustee shall have the right to disclose any information disclosed or released to it if in the opinion of the Collateral AgentTrustee, or its legal counsel, it is required to disclose under any applicable laws, court order or administrative directions. The Collateral Agent Trustee shall not be responsible or liable to any party Party for any loss or damage arising out of or in any way sustained or incurred or in any way relating to such disclosure.

Provision of Information; Meetings. (a) The Secured Parties may (as they deem necessary or appropriate in their sole discretion but without any obligation to do so) freely discuss with each other, and freely disclose to each other, any information pertaining to the business and affairs of the Obligors, the Collateral, the Secured Obligations and whether or not any Obligor is in compliance with or in default or in breach of any of the Secured Debt Documents and the Collateral Documents. The Obligors irrevocably consent to the discussions and disclosures between and among the Secured Parties as contemplated by this Section 9.2(a). (b) Any Secured Priority Debt Representative may, at any time following the occurrence and during the continuation of an Actionable Default, request that a meeting of Secured Parties be convened, at times and locations specified in the notice, and upon such request having been given in accordance herewith, such meeting shall be convened as provided herein. A request for a meeting shall be made in a written notice given by any Secured Priority Debt Representative to the other Secured Priority Debt Representatives and the Collateral Agent Trustee in accordance herewith. Each such notice shall state the date of such meeting (which shall be not less than 10 nor more than 30 days after the date of such notice, unless otherwise agreed by each Secured Priority Debt Representative and the Collateral AgentTrustee) and a general outline of the issues to be discussed at such meeting. Any Secured Party shall have the right to appoint any Person (including another Secured Party) to act as its representative at any such meeting of Secured Parties. No Secured Party shall be obligated to attend any such meetings, and no votes shall be taken at such meeting unless consented to by each Secured Priority Debt Representative. (c) Promptly following (i) any Discharge of ABL Obligations, the ABL Agent will provide written notice of such discharge to the Collateral Agent, (ii) any Discharge of Priority Indebtedness Obligations each Priority Indebtedness Representative with respect to each applicable Series of Priority Indebtedness that is so discharged will provide written notice of such discharge to the Collateral Agent and (iii) any Discharge of Second Lien Obligations each Second Lien Debt Representative with respect to each applicable Series of Second Lien Debt that is so discharged will provide written notice of such discharge to the Collateral Agent. (db) The Collateral Agent Trustee shall promptly and simultaneously distribute to each Secured Priority Debt Representative and the Obligors any written notice it receives in its role as Collateral AgentTrustee, including any Notice of Actionable Default and any other written notice received through the operation of the Collateral Secured Debt Documents or the Security Documents. (ec) Except as otherwise provided herein, the Collateral Agent Trustee may, but shall not have any obligation nor duty to, participate in any meeting or consultation held pursuant to this Section 9.210.3. (f) Each Obligor shall promptly notify the Collateral Agent and each Secured Debt Representative of any confidentiality obligations it undertakes, after the date hereof, which would preclude or limit in any way disclosure of information among the Secured Parties. (gd) The Collateral Agent Trustee shall have the right to disclose any information disclosed or released to it if in the opinion of the Collateral AgentTrustee, or its legal counsel, it is required to disclose under any applicable laws, court order or administrative directions. The Collateral Agent Trustee shall not be responsible or liable to any party for any loss or damage arising out of or in any way sustained or incurred or in any way relating to such disclosure.

Provision of Information; Meetings. (a) The Secured Parties may Each Creditor Party will, from time to time (as they deem it deems reasonably necessary or appropriate in their its sole discretion but without any obligation to do so) freely discuss judgment), consult with each other, and freely disclose to each other, any information pertaining the other Creditor Parties with respect to the business and Senior Debt Obligations, the affairs of the ObligorsCompany and its Subsidiaries and, the Collateral, the Secured Obligations and whether or not any Obligor is in compliance with or in default or in breach of any of the Secured Debt Documents and the Collateral Documents. The Obligors irrevocably consent to the discussions and disclosures between and among the Secured Parties as contemplated by this Section 9.2(a). (b) Each Agent agrees to give to each other Agent, and each Representative Agent agrees to give to each of its Related Creditors, written notice of any amendment, modification or waiver to the terms of this Agreement or any other Collateral Document requested from time to time by the Company, any other Grantor or any other Person party to this Agreement. Such notice shall include a description of the proposed terms of such amendment, modification or waiver and shall be delivered promptly after receipt thereof by such Agent or Representative Agent, as the case may be. Any Secured Debt notice required to be delivered pursuant to this Section 8.01(b) shall be delivered at least two Business Days prior to the effectiveness of any such amendment, modification or waiver and simultaneously to each Person entitled to delivery thereof. (c) Any Representative Agent may, at any time following the occurrence and during the continuation of an Actionable any Facility Event of Default, request that a meeting or meetings of Secured Parties the Creditor Parties, at reasonable times and locations, and with reasonable frequency, be convened, at times and locations specified in the notice, and upon such request having been given in accordance herewith, such meeting meetings shall be convened as provided herein. A Such a request for a meeting shall be made in a written notice given by any Secured Debt Representative to the other Secured Debt Representatives and the Collateral Agent each Creditor Party in accordance herewith. Each such notice shall state the date of such meeting (which shall be not less than 10 five Business Days nor more than 30 days 20 Business Days after the date of such notice, unless otherwise agreed by each Secured Debt Representative and the Collateral Agentall Creditor Parties) and a general outline of the issues to be discussed at such meeting. Any Secured Creditor Party shall have the right to appoint any Person (including another Secured Creditor Party) to act as its representative at any such meeting of Secured Partiesthe Creditor Party. No Secured Creditor Party shall be obligated to attend any such meetings, and no votes shall be taken at such meeting unless consented to by each Secured Debt Representative. (c) Promptly following (i) any Discharge of ABL Obligations, the ABL Agent will provide written notice of such discharge to the Collateral Agent, (ii) any Discharge of Priority Indebtedness Obligations each Priority Indebtedness Representative with respect to each applicable Series of Priority Indebtedness that is so discharged will provide written notice of such discharge to the Collateral Agent and (iii) any Discharge of Second Lien Obligations each Second Lien Debt Representative with respect to each applicable Series of Second Lien Debt that is so discharged will provide written notice of such discharge to the Collateral Agent. (d) The Collateral Agent shall promptly and simultaneously distribute to each Secured Debt Representative and the Obligors any written notice it receives in its role as Collateral Agent, including any Notice of Actionable Default and any other written notice received through the operation of the Collateral Documents. (e) Except as otherwise provided herein, the Collateral Agent may, but shall not have any obligation nor duty to, participate in any meeting or consultation held pursuant to this Section 9.2. (f) Each Obligor shall promptly notify the Collateral Agent and each Secured Debt Representative of any confidentiality obligations it undertakes, after the date hereof, which would preclude or limit in any way disclosure of information among the Secured Parties. (g) The Collateral Agent shall have the right to disclose any information disclosed or released to it if in the opinion of the Collateral Agent, or its legal counsel, it is required to disclose under any applicable laws, court order or administrative directions. The Collateral Agent shall not be responsible or liable to any party for any loss or damage arising out of or in any way sustained or incurred or in any way relating to such disclosure.

Provision of Information; Meetings. (a) The Secured Parties may Each Creditor Party will, from time to time (as they deem it deems reasonably necessary or appropriate in their its sole discretion but without any obligation to do so) freely discuss judgment), consult with each other, and freely disclose to each other, any information pertaining the other Creditor Parties with respect to the business and Senior Debt Obligations, the affairs of the ObligorsCompany and its Subsidiaries and, the Collateral, the Secured Obligations and whether or not any Obligor is in compliance with or in default or in breach of any of the Secured Debt Documents and the Collateral Documents. The Obligors irrevocably consent to the discussions and disclosures between and among the Secured Parties as contemplated by this Section 9.2(a). (b) Each Agent agrees to give to each other Agent, and each Representative Agent agrees to give to each of its Related Creditors, written notice of any amendment, modification or waiver to the terms of this Agreement or any other Collateral Document requested from time to time by the Company, any other Grantor or any other Person party to this Agreement. Such notice shall include a description of the proposed terms of such amendment, modification or waiver and shall be delivered promptly after receipt thereof by such Agent or Representative Agent, as the case may be. Any Secured Debt notice required to be delivered pursuant to this Section 8.01(b) shall be delivered at least two Business Days prior to the effectiveness of any such amendment, modification or waiver and simultaneously to each Person entitled to delivery thereof. (c) Any Representative Agent for a Facility may, at any time following the occurrence and during the continuation of an Actionable any Facility Event of Default, request that a meeting or meetings of Secured Parties the Creditor Parties, at reasonable times and locations, and with reasonable frequency, be convened, at times and locations specified in the notice, and upon such request having been given in accordance herewith, such meeting meetings shall be convened as provided herein. A Such a request for a meeting shall be made in a written notice given by any Secured Debt Representative to the other Secured Debt Representatives and the Collateral Agent each Creditor Party in accordance herewith. Each such notice shall state the date of such meeting (which shall be not less than 10 five Business Days nor more than 30 days 20 Business Days after the date of such notice, unless otherwise agreed by each Secured Debt Representative and the Collateral Agentall Creditor Parties) and a general outline of the issues to be discussed at such meeting. Any Secured Creditor Party shall have the right to appoint any Person (including another Secured Creditor Party) to act as its representative at any such meeting of Secured Partiesthe Creditor Party. No Secured Creditor Party shall be obligated to attend any such meetings, and no votes shall be taken at such meeting unless consented to by each Secured Debt Representative. (c) Promptly following (i) any Discharge of ABL Obligations, the ABL Agent will provide written notice of such discharge to the Collateral Agent, (ii) any Discharge of Priority Indebtedness Obligations each Priority Indebtedness Representative with respect to each applicable Series of Priority Indebtedness that is so discharged will provide written notice of such discharge to the Collateral Agent and (iii) any Discharge of Second Lien Obligations each Second Lien Debt Representative with respect to each applicable Series of Second Lien Debt that is so discharged will provide written notice of such discharge to the Collateral Agent. (d) The Collateral Agent shall promptly and simultaneously distribute to each Secured Debt Representative and the Obligors any written notice it receives in its role as Collateral Agent, including any Notice of Actionable Default and any other written notice received through the operation of the Collateral Documents. (e) Except as otherwise provided herein, the Collateral Agent may, but shall not have any obligation nor duty to, participate in any meeting or consultation held pursuant to this Section 9.2. (f) Each Obligor shall promptly notify the Collateral Agent and each Secured Debt Representative of any confidentiality obligations it undertakes, after the date hereof, which would preclude or limit in any way disclosure of information among the Secured Parties. (g) The Collateral Agent shall have the right to disclose any information disclosed or released to it if in the opinion of the Collateral Agent, or its legal counsel, it is required to disclose under any applicable laws, court order or administrative directions. The Collateral Agent shall not be responsible or liable to any party for any loss or damage arising out of or in any way sustained or incurred or in any way relating to such disclosure.

Provision of Information; Meetings. ‌ (a) The Secured Parties may (as they deem necessary or appropriate in their sole discretion but without any obligation to do so) freely discuss with each other, and freely disclose to each other, any information pertaining to the business and affairs of the Obligors, the Collateral, the Secured Obligations and whether or not any Obligor is in compliance with or in default or in breach of any of the Secured Debt Documents and the Collateral Documents. The Obligors irrevocably consent to the discussions and disclosures between and among the Secured Parties as contemplated by this Section 9.2(a).9.2(a).‌ (b) Any Secured Debt Representative may, at any time following the occurrence and during the continuation of an Actionable Default, request that a meeting of Secured Parties be convened, at times and locations specified in the notice, and upon such request having been given in accordance herewith, such meeting shall be convened as provided herein. A request for a meeting shall be made in a written notice given by any Secured Debt Representative to the other Secured Debt Representatives and the Collateral Agent in accordance herewith. Each such notice shall state the date of such meeting (which shall be not less than 10 nor more than 30 days after the date of such notice, unless otherwise agreed by each Secured Debt Representative and the Collateral Agent) and a general outline of the issues to be discussed at such meeting. Any Secured Party shall have the right to appoint any Person (including another Secured Party) to act as its representative at any such meeting of Secured Parties. No Secured Party shall be obligated to attend any such meetings, and no votes shall be taken at such meeting unless consented to by each Secured Debt Representative. (c) Promptly following (i) any Discharge of ABL Obligations, the ABL Agent will provide written notice of such discharge to the Collateral Agent, (ii) any Discharge of Priority Indebtedness Obligations each Priority Indebtedness Representative with respect to each applicable Series of Priority Indebtedness that is so discharged will provide written notice of such discharge to the Collateral Agent and (iii) any Discharge of Second Lien Obligations each Second Lien Debt Representative with respect to each applicable Series of Second Lien Debt that is so discharged will provide written notice of such discharge to the Collateral Agent. (d) The Collateral Agent shall promptly and simultaneously distribute to each Secured Debt Representative and the Obligors any written notice it receives in its role as Collateral Agent, including any Notice of Actionable Default and any other written notice received through the operation of the Collateral Documents. (e) Except as otherwise provided herein, the Collateral Agent may, but shall not have any obligation nor duty to, participate in any meeting or consultation held pursuant to this Section 9.2. (f) Each Obligor shall promptly notify the Collateral Agent and each Secured Debt Representative of any confidentiality obligations it undertakes, after the date hereof, which would preclude or limit in any way disclosure of information among the Secured Parties. (g) The Collateral Agent shall have the right to disclose any information disclosed or released to it if in the opinion of the Collateral Agent, or its legal counsel, it is required to disclose under any applicable laws, court order or administrative directions. The Collateral Agent shall not be responsible or liable to any party for any loss or damage arising out of or in any way sustained or incurred or in any way relating to such disclosure.

Provision of Information; Meetings. (a) The Subject to (i) any Person’s obligations pursuant to confidentiality agreements with parties other than an Obligor, and (ii) any confidentiality obligations owed by an Obligor to a Person which is not a Party, each Secured Parties Party may (as they deem it deems necessary or appropriate in their its sole discretion judgment but without any obligation to do so) freely discuss with each other, and freely disclose to each other, any information pertaining to the business and affairs of the Obligors, the Collateral, the Secured Obligations Debt and whether or not any Obligor is in compliance with or in default or in breach of any of the Secured Debt Documents and the Collateral Documents. The Obligors irrevocably consent to the discussions and disclosures between and among the Secured Parties as contemplated by this Section 9.2(a)Agreement. (b) Any Secured Debt Representative may, at any time following the occurrence and during the continuation of an Actionable Default, request that a meeting of Secured Parties be convened, at times and locations specified in the notice, and upon such request having been given in accordance herewith, such meeting shall be convened as provided herein. A request for a meeting shall be made in a written notice given by any Secured Debt Representative to the other Secured Debt Representatives and the Collateral Agent in accordance herewith. Each such notice shall state the date of such meeting (which shall be not less than 10 nor more than 30 days after the date of such notice, unless otherwise agreed by each Secured Debt Representative and the Collateral Agent) and a general outline of the issues to be discussed at such meeting. Any Secured Party shall have the right to appoint any Person (including another Secured Party) to act as its representative at any such meeting of Secured Parties. No Secured Party shall be obligated to attend any such meetings, and no votes shall be taken at such meeting unless consented to by each Secured Debt Representative. (c) Promptly following (i) any Discharge of ABL Obligations, the ABL Agent will provide written notice of such discharge to the Collateral Agent, (ii) any Discharge of Priority Indebtedness Obligations each Priority Indebtedness Representative with respect to each applicable Series of Priority Indebtedness that is so discharged will provide written notice of such discharge to the Collateral Agent and (iii) any Discharge of Second Lien Obligations each Second Lien Debt Representative with respect to each applicable Series of Second Lien Debt that is so discharged will provide written notice of such discharge to the Collateral Agent. (d) The Collateral Agent shall promptly and simultaneously distribute to each Secured Debt Representative and the Obligors any written notice it receives in its role as Collateral Agent, including any Notice of Actionable Default and any other written notice received through the operation of the Secured Debt Documents or the Collateral Documents. (ed) Except as otherwise provided herein, the Collateral Agent may, but shall not have any obligation nor duty to, participate in any meeting or consultation held pursuant to this Section 9.29.3. (fe) Each Obligor shall promptly notify the Collateral Agent and each Secured Debt Representative of any confidentiality obligations it undertakes, after the date hereof, which would preclude or limit in any way disclosure of information among the Secured Parties. (gf) The Collateral Agent shall have the right to disclose any information disclosed or released to it if in the opinion of the Collateral Agent, or its legal counsel, it is required to disclose under any applicable laws, court order or administrative directions. The Collateral Agent shall not be responsible or liable to any party for any loss or damage arising out of or in any way sustained or incurred or in any way relating to such disclosure.