Common use of Public/Private Information Clause in Contracts

Public/Private Information. The Borrower hereby acknowledges that (a) the Administrative Agent and/or the Syndication Agent will make available to the Banks and the Fronting Bank materials and/or information provided by or on behalf of the Borrower hereunder (collectively, “Borrower Materials”) by posting the Borrower Materials on IntraLinks or another similar electronic system (the “Platform”) and (b) certain of the Banks may be “public-side” lenders (i.e., Banks that do not wish to receive material non-public information with respect to the Borrower or its securities) (each, a “Public Lender”). The Borrower hereby agrees that (w) 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; (x) by marking Borrower Materials “PUBLIC”, the Borrower shall be deemed to have authorized the Administrative Agent, the Syndication Agent, the Fronting Banks and the Banks to treat such Borrower Materials as not containing any material non-public information with respect to the Borrower or its securities for purposes of United States Federal and state securities laws (provided, however, that to the extent such Borrower Materials constitute Information, they shall be treated as set forth in Section 9.15); (y) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform marked “PUBLIC” or through a portion of the Platform designated “Public Investor;” and (z) the Administrative Agent and the Syndication 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 designated “Public Investor.”

Public/Private Information. The Borrower hereby acknowledges that (a) the Administrative Agent and/or the Syndication Agent will make available to the Banks and the Fronting Bank materials and/or information provided by or on behalf of the Borrower hereunder (collectively, “Borrower Materials”) by posting the Borrower Materials on IntraLinks or another similar electronic system (the “Platform”) and (b) certain of the Banks may be “public-side” lenders (i.e., Banks that do not wish to receive material non-public information with respect to the Borrower or its securities) (each, a “Public Lender”). The Borrower hereby agrees that (w) 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; (x) by marking Borrower Materials “PUBLIC”, the Borrower shall be deemed to have authorized the Administrative Agent, the Syndication Agent, the Fronting Banks Agent and the Banks to treat such Borrower Materials as not containing any material non-public information with respect to the Borrower or its securities for purposes of United States Federal and state securities laws (provided, however, that to the extent such Borrower Materials constitute Information, they shall be treated as set forth in Section 9.15); (y) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform marked “PUBLIC” or through a portion of the Platform designated “Public Investor;” and (z) the Administrative Agent and the Syndication 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 designated “Public Investor.”

Public/Private Information. The Borrower hereby acknowledges that (ai) the Administrative Agent and/or the Syndication Agent will make available to the Banks and the Fronting Bank Lenders materials and/or information provided by or on behalf of the Borrower hereunder (collectively, “"Borrower Materials”") by posting the Borrower Materials on IntraLinks or another similar electronic system (the “"Platform”") and (bii) certain of the Banks Lenders may be “"public-side” lenders " Lenders (i.e., Banks Lenders that do not wish to receive material non-public information with respect to the Borrower or its securities) (each, a “"Public Lender”"). The Borrower hereby agrees that (wA) all Borrower Materials that are to be made available to the 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; (xB) by marking Borrower Materials “"PUBLIC”", the Borrower shall be deemed to have authorized the Administrative Agent, the Syndication Agent, the Fronting Banks Agent and the Banks Lenders to treat such Borrower Materials as either publicly available information or not containing any material non-public information (although it may be sensitive and proprietary) with respect to the Borrower or its securities for purposes of United States Federal federal and state securities laws (provided, however, that to the extent such Borrower Materials constitute Information, they shall be treated as set forth in Section 9.15)laws; (yC) all Borrower Materials marked “"PUBLIC” " are permitted to be made available through a portion of the Platform marked “PUBLIC” or through a portion of the Platform designated “Public Investor;” as "Public"; and (zD) the Administrative Agent and the Syndication 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 designated “Public Investormarked "Public".”

Public/Private Information. The Borrower hereby acknowledges that (ai) the Administrative Agent and/or the Syndication Agent will make available to the Banks and the Fronting Bank Lenders materials and/or information provided by or on behalf of the Borrower hereunder (collectively, “Borrower Materials”) by posting the Borrower Materials on IntraLinks or another similar electronic system (the “Platform”) and (bii) certain of the Banks Lenders may be “public-side” lenders Lenders (i.e., Banks Lenders that do not wish to receive material non-public information with respect to the Borrower or its securities) (each, a “Public Lender”). The Borrower hereby agrees that (wA) all Borrower Materials that are to be made available to the 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; (xB) by marking Borrower Materials “PUBLIC”, the Borrower shall be deemed to have authorized the Administrative Agent, the Syndication Agent, the Fronting Banks Agent and the Banks Lenders to treat such Borrower Materials as either publicly available information or not containing any material non-public information (although it may be sensitive and proprietary) with respect to the Borrower or its securities for purposes of United States Federal federal and state securities laws (provided, however, that to the extent such Borrower Materials constitute Information, they shall be treated as set forth in Section 9.15)laws; (yC) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform marked designated as “PUBLIC” or through a portion of the Platform designated “Public Investor;” Public”; and (zD) the Administrative Agent and the Syndication 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 designated marked “Public InvestorPublic”. Notwithstanding the foregoing, the Borrower shall be under no obligation to xxxx any Borrower Materials “PUBLIC”.”

Public/Private Information. The Borrower hereby acknowledges that (a) the Administrative Agent and/or the Syndication Agent will Arranger may, but shall not be obligated to, make available to the Banks and the Fronting Bank Lenders materials and/or information provided by or on behalf of the Borrower hereunder (collectively, “Borrower Materials”) by posting the Borrower Materials on IntraLinks IntraLinks, Syndtrak, ClearPar, or another a substantially similar electronic transmission system (the “Platform”) and (b) certain of the Banks Lenders (each, a “Public Lender”) may be “public-side” lenders (i.e., Banks that have personnel who do not wish to receive material non-public information with respect to the Borrower or its Affiliates, or the respective securities of any of the foregoing, and who may be engaged in investment and other market-related activities with respect to such Persons’ securities) (each, a “Public Lender”). The Borrower hereby agrees that (w) 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; (x) by marking Borrower Materials “PUBLIC”, ,” the Borrower shall be deemed to have authorized the Administrative Agent, the Syndication Agent, the Fronting Banks Agent and the Banks Lenders to treat such Borrower Materials as not containing any material non-public information with respect to the Borrower or its securities for purposes of United States Federal and state securities laws (provided, however, that to the extent such Borrower Materials constitute Information, they shall be treated as set forth in Section 9.1513.8); (y) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform marked “PUBLIC” or through a portion of the Platform designated “Public InvestorSide Information;” and (z) the Administrative Agent and the Syndication Agent Arranger 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 designated “Public InvestorSide Information.” Notwithstanding the foregoing, the Borrower shall be under no obligation to xxxx any Borrower Materials “PUBLIC.”

Public/Private Information. The Parent and the Borrower hereby acknowledges acknowledge that (a) the Administrative Agent and/or the Syndication Agent will a Joint Lead Arranger may, but shall not be obligated to, make available to the Banks Lenders and the Fronting Bank Issuing Banks materials and/or information provided by or on behalf of the Parent or the Borrower hereunder (collectively, “Borrower Information Materials”) by posting the Borrower Information Materials on IntraLinks IntraLinks, Syndtrak, ClearPar, or another a substantially similar electronic transmission system (the “Platform”) and (b) certain of the Banks Lenders (each, a “Public Lender”) may be “public-side” lenders (i.e., Banks that have personnel who do not wish to receive material non-public information with respect to the Parent, the Borrower or its their Affiliates, or the respective securities of any of the foregoing, and who may be engaged in investment and other market-related activities with respect to such Persons’ securities) (each, a “Public Lender”). The Each of the Parent and the Borrower hereby agrees agree that (w) all Borrower Information 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; (x) by marking Borrower Information Materials “PUBLIC”, ,” the Parent and the Borrower shall be deemed to have authorized the Administrative Agent, the Syndication AgentJoint Lead Arrangers, the Fronting Issuing Banks and the Banks Lenders to treat such Borrower Information Materials as not containing any material non-public information with respect to the Parent, the Borrower or its their securities for purposes of United States Federal and state securities laws (provided, however, that to the extent such Borrower Materials constitute Information, they shall be treated as set forth in Section 9.15)laws; (y) all Borrower Information Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform marked “PUBLIC” or through a portion of the Platform designated “Public InvestorSide Information;” and (z) the Administrative Agent and the Syndication Agent Joint Lead Arrangers shall be entitled to treat any Borrower Information Materials that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform not designated “Public InvestorSide Information.” Notwithstanding the foregoing, each Lender who does not wish to receive Private Information 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 any website provided pursuant to Section 9.5. 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 Information Materials that are not made available through the “Public Side Information” portion of such website provided pursuant to Section 8.5. and that may contain material non-public information with respect to the Borrower or its securities for purposes of United States federal and state securities laws. 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, AND EXPRESSLY DISCLAIM LIABILITY FOR ERRORS IN OR OMISSIONS FROM THE BORROWER 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 BORROWER MATERIALS OR THE PLATFORM. In no event shall the Administrative Agent or any of its Related Parties (collectively, the “Agent Parties”) have any liability to the Borrower, any Lender, the Issuing Banks or any other Person for losses, claims, damages, liabilities or expenses of any kind (whether in tort, contract or otherwise) arising out of the Borrower’s, any Loan Party’s or the Administrative Agent’s transmission of Information Materials or notices through the Platform, any other electronic platform or electronic messaging service, or through the Internet, except to the extent resulting from the Administrative Agent’s gross negligence or wilful misconduct.

Public/Private Information. The Borrower hereby acknowledges that (a) the Administrative Agent and/or the Co-Syndication Agent Agents will make available to the Banks and the Fronting Bank Banks materials and/or information provided by or on behalf of the Borrower hereunder (collectively, “Borrower Materials”) by posting the Borrower Materials on IntraLinks or another similar electronic system (the “Platform”) and (b) certain of the Banks may be “public-side” lenders (i.e., Banks that do not wish to receive material non-public information with respect to the Borrower or its securities) (each, a “Public Lender”). Notwithstanding the foregoing, 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 U.S. Federal and state securities laws, to make reference to Borrower Materials 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 U.S. Federal or state securities laws. The Borrower hereby agrees that (w) 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; (x) by marking Borrower Materials “PUBLIC”, the Borrower shall be deemed to have authorized the Administrative Agent, the Co-Syndication AgentAgents, the Fronting Banks and the Banks to treat such Borrower Materials as not containing any material non-public information with respect to the Borrower or its securities for purposes of United States U.S. Federal and state securities laws (provided, however, that to the extent such Borrower Materials constitute Information, they shall be treated as set forth in Section 9.15); (y) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform marked “PUBLIC” or through a portion of the Platform designated “Public Investor;” and (z) the Administrative Agent and the Co-Syndication Agent Agents 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 designated “Public Investor.”

Public/Private Information. The Borrower hereby acknowledges that (a) the Administrative Agent and/or the Syndication Agent will make available to the Banks and the Fronting Bank materials and/or information provided by or on behalf of the Borrower hereunder (collectively, “Borrower Materials”) by posting the Borrower Materials on IntraLinks or another similar electronic system (the “Platform”) and (b) certain of the Banks may be “public-side” lenders (i.e., Banks that do not wish to receive material non-public information with respect to the Borrower or its securities) (each, a “Public Lender”). The Borrower hereby agrees that (w) 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; (x) by marking Borrower Materials “PUBLIC”, the Borrower shall be deemed to have authorized the Administrative Agent, the Syndication Agent, the Fronting Banks and the Banks to treat such Borrower Materials as not containing any material non-public information with respect to the Borrower or its securities for purposes of United States Federal and state securities laws (provided, however, that to the extent such Borrower Materials constitute Information, they shall be treated as set forth in Section 9.15); (y) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform marked “PUBLIC” or through a portion of the Platform designated “Public Investor;” and (z) the Administrative Agent and the Syndication 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 designated “Public Investor.”marked

Public/Private Information. The Borrower hereby acknowledges that (a) the Administrative Agent and/or the Syndication Agent and/or the Documentation Agent will make available to the Banks and the Fronting Bank materials and/or information provided by or on behalf of the Borrower hereunder (collectively, “Borrower Materials”) by posting the Borrower Materials on IntraLinks or another similar electronic system (the “Platform”) and (b) certain of the Banks may be “public-side” lenders (i.e., Banks that do not wish to receive material non-public information with respect to the Borrower or its securities) (each, a “Public Lender”). The Borrower hereby agrees that (w) 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; (x) by marking Borrower Materials “PUBLIC”, the Borrower shall be deemed to have authorized the Administrative Adminis- trative Agent, the Syndication Agent, the Fronting Banks Documentation Agent and the Banks to treat such Borrower Materials as not containing any material non-public information with respect to the Borrower or its securities for purposes of United States Federal and state securities laws (provided, however, that to the extent such Borrower Materials constitute Information, they shall be treated as set forth in Section 9.15); (y) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform marked “PUBLIC” or through a portion of the Platform designated “Public Investor;” and (z) the Administrative Agent, the Syndication Agent and the Syndication Documentation 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 designated “Public Investor.”” [SIGNATURE PAGE FOLLOWS] 80

Public/Private Information. The Borrower hereby acknowledges that (a) the Administrative Agent and/or the Syndication Agent will make available to the Banks and the Fronting Bank materials and/or information provided by or on behalf of the Borrower hereunder (collectively, “Borrower Materials”) by posting the Borrower Materials on IntraLinks or another similar electronic system (the “Platform”) and (b) certain of the Banks may be “public-side” lenders (i.e., Banks that do not wish to receive material non-public information with respect to the Borrower or its securities) (each, a “Public Lender”). The Borrower hereby agrees that (w) 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; (x) by marking Borrower Materials “PUBLIC”, the Borrower shall be deemed to have authorized the Administrative Agent, the Syndication Agent, the Fronting Banks Agent and the Banks to treat such Borrower Materials as not containing any material non-public information with respect to the Borrower or its securities for purposes of United States Federal and state securities laws (provided, however, that to the extent such Borrower Materials constitute Information, they shall be 112 treated as set forth in Section 9.15); (y) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform marked “PUBLIC” or through a portion of the Platform designated “Public Investor;” and (z) the Administrative Agent and the Syndication 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 designated “Public Investor.”” 113

Public/Private Information. The Borrower hereby acknowledges that (ai) the Administrative Agent and/or the Syndication Agent will make available to the Banks and the Fronting Bank Lenders materials and/or information provided by or on behalf of the Borrower hereunder (collectively, “Borrower Materials”) by posting the Borrower Materials on IntraLinks or another similar electronic system (the “Platform”) and (bii) certain of the Banks Lenders may be “public-side” lenders Lenders (i.e., Banks Lenders that do not wish to receive material non-public information with respect to the Borrower or its securities) (each, a “Public Lender”). The Borrower hereby agrees that (wA) all Borrower Materials that are to be made available to the 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; (xB) by marking Borrower Materials “PUBLIC”, the Borrower shall be deemed to have authorized the Administrative Agent, the Syndication Agent, the Fronting Banks Agent and the Banks Lenders to treat such Borrower Materials as either publicly available information or not containing any material non-public information (although it may be sensitive and proprietary) with respect to the Borrower or its securities for purposes of United States Federal federal and state securities laws (provided, however, that to the extent such Borrower Materials constitute Information, they shall be treated as set forth in Section 9.15)laws; (yC) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform marked designated as “PUBLIC” or through a portion of the Platform designated “Public Investor;” Public”; and (zD) the Administrative Agent and the Syndication 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 designated marked “Public InvestorPublic”. Notwithstanding the foregoing, the Borrower shall be under no obligation to mxxx any Borrower Materials “PUBLIC”.”

Public/Private Information. The Borrower Each of Holdings and the Borrowers hereby acknowledges that (a) the Administrative Agent and/or the Syndication Agent will make available to the Banks and the Fronting Bank Lenders materials and/or information provided by or on behalf of Holdings or the Borrower Borrowers hereunder (collectively, “Borrower Materials”) by posting the Borrower Materials on IntraLinks or another similar electronic system (the (“Platform”) and (b) certain of the Banks Lenders may be “public-side” lenders Lenders (i.e., Banks Lenders that do not wish to receive material non-public information with respect to Holdings or the Borrower Borrowers or its securitiestheir respective Subsidiaries) (each, a “Public Lender”). The Borrower Each of Holdings and the Borrowers hereby agrees that (w) 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; (x) by marking Borrower Materials “PUBLIC”, ,” each of Holdings and the Borrower Borrowers shall be deemed to have authorized each of the Administrative Agent, the Syndication Agent, the Fronting Banks Agents and the Banks Lenders to treat such Borrower Materials as not containing any material material, non-public information (although it may be sensitive and proprietary) with respect to Holdings or the Borrower Borrowers or its their respective securities for purposes of United States Federal and state securities laws (provided, however, provided that to the extent such Borrower Materials constitute Information, they shall be treated as set forth in Section 9.1511.15); (y) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform marked “PUBLIC” or through a portion of the Platform designated “Public Investor;,” and (z) the Administrative Agent and the Syndication 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 designated “Public Investor.” All Public Lenders shall have been deemed to have waived the right to receive information which is not made public by Holdings and the Borrowers in its sole discretion. Notwithstanding the foregoing, neither Holdings nor any Borrower shall be under any obligation to xxxx any Borrower Materials “PUBLIC”.

Public/Private Information. The Borrower hereby acknowledges that (a) the Administrative Agent and/or the Co-Syndication Agent Agents will make available to the Banks and the Fronting Bank Banks materials and/or information provided by or on behalf of the Borrower hereunder (collectively, “Borrower Materials”) by posting the Borrower Materials on IntraLinks or another similar electronic system (the “Platform”) and (b) certain of the Banks may be “public-side” lenders (i.e., Banks that do not wish to receive material non-public information with respect to the Borrower or its securities) (each, a “Public Lender”). Notwithstanding the foregoing, 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 U.S. Federal and state securities laws, to make reference to Borrower Materials 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 U.S. Federal or state securities laws. The Borrower hereby agrees that (w) 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; (x) by marking Borrower Materials “PUBLIC”, the Borrower shall be deemed to have authorized the Administrative Agent, the Co-Syndication AgentAgents, the Fronting Banks and the Banks to treat such Borrower Materials as not containing any material non-public information with respect to the Borrower or its securities for purposes of United States U.S. Federal and state securities laws (provided, however, that to the extent such Borrower Materials constitute Information, they shall be treated as set forth in Section 9.15); (y) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform marked “PUBLIC” or through a portion of the Platform designated “Public Investor;” and (z) the Administrative Agent and the Co-Syndication Agent Agents 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 designated “Public Investor.”

Public/Private Information. The Borrower hereby acknowledges that (a) the Administrative Agent and/or the Syndication Agent will make available to the Banks Parent and the Fronting Bank Borrower will cooperate with the Agent in connection with the publication of certain materials and/or information provided by or on behalf of the Parent or the Borrower hereunder to the Agent and the Lenders (collectively, “Borrower Information Materials”) by posting pursuant to this Article and will designate Information Materials (a) that are either available to the public or not material with respect to the Parent, the Borrower Materials on IntraLinks and the Subsidiaries or another similar electronic system (the any of their respective securities for purposes of United States federal and state securities laws, as “Platform”) Public Information” and (b) that are not Public Information as “Private Information”. The Borrower hereby agrees that (w) all Information Materials that are to be made available to certain of the Banks Lenders that may be “public-side” lenders (i.e., Banks that have personnel who do not wish to receive material non-public information with respect to the Borrower or its securities) Affiliates, or the respective securities of any of the foregoing, and who may be engaged in investment and other market-related activities with respect to such Persons’ securities (each, a “Public Lender”). The Borrower hereby agrees that (w) all Borrower Materials that are to be made available to Public Lenders shall be clearly and conspicuously marked “PUBLICPublic Information” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (x) by marking Borrower Information Materials “PUBLIC”, ,” the Borrower shall be deemed to have authorized the Administrative Agent, the Syndication Agentany Co-Lead Arranger, the Fronting Banks and the Banks Lenders to treat such Borrower Information Materials as not containing any material non-public information with respect to the Borrower or its securities for purposes of United States Federal and state securities laws (provided, however, that to the extent such Borrower Materials constitute Information, they shall be treated as set forth in Section 9.15)laws; (y) all Borrower Information Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform marked “PUBLIC” or through a portion of the Platform designated “Public InvestorInformation;” and (z) the Administrative Agent and the Syndication Agent any Co-Lead Arranger shall be entitled to treat any Borrower Information Materials that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform not designated “Public InvestorInformation”.”

Public/Private Information. The Borrower hereby acknowledges that (a) the Administrative Agent and/or the Syndication Agent will make available to the Banks and the Fronting Bank materials and/or information provided by or on behalf of the Borrower hereunder (collectively, “Borrower Materials”) by posting the Borrower Materials on IntraLinks or another similar electronic system (the “Platform”) and (b) certain of the Banks may be “public-side” lenders (i.e., Banks that do not wish to receive material non-public information with respect to the Borrower or its securities) (each, a “Public Lender”). The Borrower hereby agrees that (w) 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; (x) by marking Borrower Materials “PUBLIC”, the Borrower shall be deemed to have authorized the Administrative Agent, the Syndication Agent, the Fronting Banks Agent and the Banks to treat such Borrower Materials as not containing any material non-public information with respect to the Borrower or its securities for purposes of United States Federal and state securities laws (provided, however, that to the extent such Borrower Materials constitute Information, they shall be treated as set forth in Section 9.15); (y) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform marked “PUBLIC” or through a portion of the Platform designated “Public Investor;” and (z) the Administrative Agent and the Syndication 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 76 Platform not designated “Public Investor.”” [SIGNATURE PAGE FOLLOWS] 77

Public/Private Information. The Borrower hereby acknowledges that (ai) the Administrative Agent and/or the Syndication Agent will make available to the Banks and the Fronting Bank Lenders materials and/or information provided by or on behalf of the Borrower hereunder (collectively, “Borrower Materials”) by posting the Borrower Materials on IntraLinks or another similar electronic system (the “Platform”) and (bii) certain of the Banks Lenders may be “public-side” lenders Lenders (i.e., Banks Lenders that do not wish to receive material non-public information with respect to the Borrower or its securities) (each, a “Public Lender”). The Borrower hereby agrees that (wA) all Borrower Materials that are to be made available to the 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; (xB) by marking Borrower Materials “PUBLIC”, the Borrower shall be deemed to have authorized the Administrative Agent, the Syndication Agent, the Fronting Banks Agent and the Banks Lenders to treat such Borrower Materials as either publicly available information or not containing any material non-public information (although it may be sensitive and proprietary) with respect to the Borrower or its securities for purposes of United States Federal federal and state securities laws (provided, however, that to the extent such Borrower Materials constitute Information, they shall be treated as set forth in Section 9.15)laws; (yC) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform marked designated as “PUBLIC” or through a portion of the Platform designated “Public Investor;Public” and (zD) the Administrative Agent and the Syndication 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 designated marked “Public InvestorPublic”. Notwithstanding the foregoing, the Borrower shall be under no obligation to mxxx any Borrower Materials “PUBLIC.”

Public/Private Information. The Borrower hereby acknowledges that (ai) the Administrative Agent and/or the Syndication Agent will make available to the Banks and the Fronting Bank Lenders materials and/or information provided by or on behalf of the Borrower hereunder (collectively, “Borrower Materials”) by posting the Borrower Materials on IntraLinks or another similar electronic system (the “Platform”) and (bii) certain of the Banks Lenders may be “public-side” lenders Lenders (i.e., Banks Lenders that do not wish to receive material non-public information with respect to the Borrower or its securitiesMNPI) (each, a “Public Lender”). The Borrower hereby agrees that (wA) all Borrower Materials that are to be made available to the 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; , (xB) by marking Borrower Materials “PUBLIC”, the Borrower shall be deemed to have authorized the Administrative Agent, the Syndication Agent, the Fronting Banks Agent and the Banks Lenders to treat such Borrower Materials as either publicly available information or not containing any material non-public information (although it may be sensitive and proprietary) with respect to the Borrower or its securities for purposes of United States Federal federal and state securities laws laws, (provided, however, that to the extent such Borrower Materials constitute Information, they shall be treated as set forth in Section 9.15); (yC) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform marked designated as “PUBLIC” or through a portion of the Platform designated “Public Investor;Public” and (zD) the Administrative Agent and the Syndication 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 designated marked “Public InvestorPublic”. Notwithstanding the foregoing, the Borrower shall be under no obligation to mxxx any Borrower Materials “PUBLIC”.”

Public/Private Information. The Borrower hereby acknowledges that (ai) the Administrative Agent and/or the Syndication Agent will make available to the Banks and the Fronting Bank Lenders materials and/or information provided by or on behalf of the Borrower hereunder (collectively, “Borrower Materials”) by posting the Borrower Materials on IntraLinks or another similar electronic system (the “Platform”) and (bii) certain of the Banks Lenders may be “public-side” lenders [[5731659]] Lenders (i.e., Banks Lenders that do not wish to receive material non-public information with respect to the Borrower or its securitiesMNPI) (each, a “Public Lender”). The Borrower hereby agrees that (wA) all Borrower Materials that are to be made available to the 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; , (xB) by marking Borrower Materials “PUBLIC”, the Borrower shall be deemed to have authorized the Administrative Agent, the Syndication Agent, the Fronting Banks Agent and the Banks Lenders to treat such Borrower Materials as either publicly available information or not containing any material non-public information (although it may be sensitive and proprietary) with respect to the Borrower or its securities for purposes of United States Federal federal and state securities laws laws, (provided, however, that to the extent such Borrower Materials constitute Information, they shall be treated as set forth in Section 9.15); (yC) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform marked designated as “PUBLIC” or through a portion of the Platform designated “Public Investor;Public” and (zD) the Administrative Agent and the Syndication 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 designated marked “Public InvestorPublic”. Notwithstanding the foregoing, the Borrower shall be under no obligation to mark any Borrower Materials “PUBLIC”.”

Public/Private Information. The Borrower hereby acknowledges that (ai) the Administrative Agent and/or the Syndication Agent will make available to the Banks and the Fronting Bank Lenders materials and/or information provided by or on behalf of the Borrower hereunder (collectively, “Borrower Materials”) by posting the Borrower Materials on IntraLinks or another similar electronic system (the “Platform”) and (bii) certain of the Banks Lenders may be “public-side” lenders Lenders (i.e., Banks Lenders that do not wish to receive material non-public information with respect to the Borrower or its securitiesMNPI) (each, a “Public Lender”). The Borrower hereby agrees that (wA) all Borrower Materials that are to be made available to the 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; , (xB) by marking Borrower Materials “PUBLIC”, the Borrower shall be deemed to have authorized the Administrative Agent, the Syndication Agent, the Fronting Banks Agent and the Banks Lenders to treat such Borrower Materials as either publicly available information or not containing any material non-public information (although it may be sensitive and proprietary) with respect to the Borrower or its securities for purposes of United States Federal federal and state securities laws laws, (provided, however, that to the extent such Borrower Materials constitute Information, they shall be treated as set forth in Section 9.15); (yC) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform marked designated as “PUBLIC” or through a portion of the Platform designated “Public Investor;Public” and (zD) the Administrative Agent and the Syndication 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 designated marked “Public InvestorPublic”. Notwithstanding the foregoing, the Borrower shall be under no obligation to mark any Borrower Materials “PUBLIC”.”

Public/Private Information. The Borrower hereby acknowledges that (a) the Administrative Agent and/or the Syndication Agent will make available to the Banks and the Fronting Bank materials and/or information provided by or on behalf of the Borrower hereunder (collectively, “Borrower Materials”) by posting the Borrower Materials on IntraLinks or another similar electronic system (the “Platform”) and (b) certain of the Banks may be “public-side” lenders (i.e., Banks that do not wish to receive material non-public information with respect to the Borrower or its securities) (each, a “Public Lender”). The Borrower hereby agrees that (w) 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; (x) by marking Borrower Materials “PUBLIC”, the Borrower shall be deemed to have authorized the Administrative Agent, the Syndication Agent, the Fronting Banks Agent and the Banks to treat such Borrower Materials as not containing any material non-public information with respect to the Borrower or its securities for purposes of United States Federal and state securities laws (provided, however, that to the extent such Borrower Materials constitute Information, they shall be treated as set forth in Section 9.15); (y) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform marked “PUBLIC” or through a portion of the Platform designated “Public Investor;” and (z) the Administrative Agent and the Syndication 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 designated “Public Investor.”

Public/Private Information. The Borrower hereby acknowledges that (a) the Administrative Agent and/or the Syndication Agent will make available to the Banks and the Fronting Bank materials and/or information provided by or on behalf of the Borrower hereunder (collectively, “Borrower Materials”) by posting the Borrower Materials on IntraLinks or another similar electronic system (the “Platform”) and (b) certain of the Banks may be “public-side” lenders (i.e., Banks that do not wish to receive material non-public information with respect to the Borrower or its securities) (each, a “Public Lender”). The Borrower hereby agrees that (w) 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; (x) by marking Borrower Materials “PUBLIC”, the Borrower shall be deemed to have authorized the Administrative Agent, the Syndication Agent, the Fronting Banks and the Banks to treat such Borrower Materials as not containing any material non-public information with respect to the Borrower or its securities for purposes of United States Federal and state securities laws (provided, however, that to the extent such Borrower Materials constitute Information, they shall be treated as set forth in Section 9.15); (y) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform marked “PUBLIC” or through a portion of the Platform designated “Public Investor;” and (z) the Administrative Agent and the Syndication 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 designated “Public Investor.”marked

Public/Private Information. The Borrower Each of Holdings and the Borrowers hereby acknowledges that (a) the Administrative Agent and/or the Syndication Agent will make available to the Banks and the Fronting Bank Lenders materials and/or information provided by or on behalf of Holdings or the Borrower Borrowers hereunder (collectively, “Borrower Materials”) by posting the Borrower Materials on IntraLinks or another similar electronic system (the (“Platform”) and (b) certain of the Banks Lenders may be “public-side” lenders Lenders (i.e., Banks Lenders that do not wish to receive material non-public information with respect to Holdings or the Borrower Borrowers or its securitiestheir respective Subsidiaries) (each, a “Public Lender”). The Borrower Each of Holdings and the Borrowers hereby agrees that (w) 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; (x) by marking Borrower Materials “PUBLIC”, ,” each of Holdings and the Borrower Borrowers shall be deemed to have authorized each of the Administrative Agent, the Syndication Agent, the Fronting Banks Agents and the Banks Lenders to treat such Borrower Materials as not containing any material material, non-public information (although it may be sensitive and proprietary) with respect to Holdings or the Borrower Borrowers or its their respective securities for purposes of United States Federal and state securities laws (provided, however, provided that to the extent such Borrower Materials constitute Information, they shall be treated as set forth in Section 9.1511.15); (y) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform marked “PUBLIC” or through a portion of the Platform designated “Public Investor;,” and (z) the Administrative Agent and the Syndication 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 designated “Public Investor.” All Public Lenders shall have been deemed to have waived the right to receive information which is not made public by Holdings and the Borrowers in its sole discretion. Notwithstanding the foregoing, neither Holdings nor any Borrower shall be under any obligation to mxxx any Borrower Materials “PUBLIC”.

Public/Private Information. The Borrower Each Group Member party hereto hereby acknowledges that (a) the Administrative Agent and/or the Syndication Agent will make available to the Banks and the Fronting Bank Lenders materials and/or information provided by or on behalf of the Borrower Group Members hereunder (collectively, “Borrower Materials”) by posting the Borrower Materials on IntraLinks SyndTrak or another similar electronic system (the (“Platform”) and (b) certain of the Banks Lenders may be “public-side” lenders Lenders (i.e., Banks Lenders that do not wish to receive material non-public information with respect to the Borrower or its securitiesGroup Members) (each, a “Public Lender”). The Borrower Each Group Member party hereto hereby agrees that (w) 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; (x) by marking Borrower Materials “PUBLIC”, the Borrower ,” each Group Member shall be deemed to have authorized each of the Administrative Agent, the Syndication Agent, the Fronting Banks Agent and the Banks Lenders to treat such Borrower Materials as not containing any material material, non-public information (although it may be sensitive and proprietary) with respect to the Borrower Group Members or its their respective securities for purposes of United States Federal and state securities laws (provided, however, provided that to the extent such Borrower Materials constitute Information, they shall be treated as set forth in Section 9.1511.15); (y) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform marked “PUBLIC” or through a portion of the Platform designated “Public Investor;,” and (z) the Administrative Agent and the Syndication 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 designated “Public Investor.” All Public Lenders shall have been deemed to have waived the right to receive information which is not made public by Group Members in its sole discretion. Notwithstanding the foregoing, no Group Member shall be under any obligation to xxxx any Borrower Materials “PUBLIC”.

Public/Private Information. The Borrower Each Group Member party hereto hereby acknowledges that (a) the Administrative Agent and/or the Syndication Agent will make available to the Banks and the Fronting Bank Lenders materials and/or information provided by or on behalf of the Borrower Group Members hereunder (collectively, “Borrower Materials”) by posting the Borrower Materials on IntraLinks Intralinks or another similar electronic system (the (“Platform”) and (b) certain of the Banks Lenders may be “public-side” lenders Lenders (i.e., Banks Lenders that do not wish to receive material non-public information with respect to the Borrower or its securitiesGroup Members) (each, a “Public Lender”). The Borrower Each Group Member party hereto hereby agrees that (w) 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; (x) by marking Borrower Materials “PUBLIC”, the Borrower ,” each Group Member shall be deemed to have authorized each of the Administrative Agent, the Syndication Agent, the Fronting Banks Agent and the Banks Lenders to treat such Borrower Materials as not containing any material material, non-public information (although it may be sensitive and proprietary) with respect to the Borrower Group Members or its their respective securities for purposes of United States Federal and state securities laws (provided, however, provided that to the extent such Borrower Materials constitute Information, they shall be treated as set forth in Section 9.1511.15); (y) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform marked “PUBLIC” or through a portion of the Platform designated “Public Investor;,” and (z) the Administrative Agent and the Syndication 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 designated “Public Investor.” All Public Lenders shall have been deemed to have waived the right to receive information which is not made public by Group Members in its sole discretion. Notwithstanding the foregoing, no Group Member shall be under any obligation to xxxx any Borrower Materials “PUBLIC”.

Public/Private Information. The Borrower hereby acknowledges that (a) the Administrative Agent and/or the Co-Syndication Agent Agents will make available to the Banks and the Fronting Bank Banks materials and/or information provided by or on behalf of the Borrower hereunder (collectively, “Borrower Materials”) by posting the Borrower Materials on IntraLinks or another similar electronic system (the “Platform”) and (b) certain of the Banks may be “public-side” lenders (i.e., Banks that do not wish to receive material non-public information with respect to the Borrower or its securities) (each, a “Public Lender”). The Borrower hereby agrees that (w) 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; (x) by marking Borrower Materials “PUBLIC”, the Borrower shall be deemed to have authorized the Administrative Agent, the Co-Syndication AgentAgents, the Fronting Banks and the Banks to treat such Borrower Materials as not containing any material non-public information with respect to the Borrower or its securities for purposes of United States Federal and state securities laws (provided, however, that to the extent such Borrower Materials constitute Information, they shall be treated as set forth in Section 9.15); (y) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform marked “PUBLIC” or through a portion of the Platform designated “Public Investor;” and (z) the Administrative Agent and the Co-Syndication Agent Agents 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 designated “Public Investor.”” 121

Public/Private Information. The Borrower hereby acknowledges that (a) the Administrative Agent and/or the Syndication Agent will make available to the Banks and the Fronting Bank materials and/or information provided by or on behalf of the Borrower hereunder (collectively, “Borrower Materials”) by posting the Borrower Materials on IntraLinks or another similar electronic system (the “Platform”) and (b) certain of the Banks may be “public-side” lenders (i.e., Banks that do not wish to receive material non-public information with respect to the Borrower or its securities) (each, a “Public Lender”). The Borrower hereby agrees that (w) 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; (x) by marking Borrower Materials “PUBLIC”, the Borrower shall be deemed to have authorized the Administrative Agent, the Syndication Agent, the Fronting Banks and the Banks to treat such Borrower Materials as not containing any material non-public information with respect to the Borrower or its securities for purposes of United States Federal and state securities laws (provided, however, that to the extent such Borrower Materials constitute Information, they shall be treated as set forth in Section 9.15); (y) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform marked “PUBLIC” or through a portion of the Platform designated “Public Investor;” and (z) the Administrative Agent and the Syndication 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 designated “Public Investor.”” [SIGNATURE PAGE FOLLOWS] 111

Public/Private Information. The Each of the Borrower and ERP hereby acknowledges that (a) the Administrative Agent and/or the Syndication Agent will make available to the Banks and the Fronting Bank materials and/or information provided by or on behalf of the Borrower and ERP hereunder (collectively, “Borrower Materials”) by posting the Borrower Materials on IntraLinks or another similar electronic system (the “Platform”) and (b) certain of the Banks may be “public-side” lenders (i.e., Banks that do not wish to receive material non-public information with respect to the Borrower or its ERP or any of their respective securities) (each, a “Public Lender”). The Each of the Borrower and ERP hereby agrees that (w) 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; (x) by marking Borrower Materials “PUBLIC”, the Borrower and ERP shall be deemed to have authorized the Administrative Agent, the Syndication Agent, the Fronting Banks Agent and the Banks to treat such Borrower Materials as not containing any material non-public information with respect to the Borrower Borrower, ERP or its any of their respective securities for purposes of United States Federal and state securities laws (provided, however, that to the extent such Borrower Materials constitute Information, they shall be treated as set forth in Section 9.15); (y) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform marked “PUBLIC” or through a portion of the Platform designated “Public Investor;” and (z) the Administrative Agent and the Syndication 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 designated “Public Investor.”

Public/Private Information. The Parent and the Borrower hereby acknowledges acknowledge that (ai) the Administrative Agent and/or the Syndication Agent will make available to the Banks and the Fronting Bank Lenders materials and/or information provided by or on behalf of Parent and the Borrower hereunder pursuant to this Section 5.01 (collectively, “Borrower Information Materials”) by posting the Borrower Information Materials on IntraLinks or another similar electronic system (the “Platform”) and (bii) certain of the Banks Lenders may be “public-side” lenders (i.e., Banks that have personnel who do not wish to receive material non-public nonpublic information with respect to Parent or its Affiliates, or the respective securities of any of the foregoing, and who may be engaged in investment and other market-related activities with respect to such securities. Parent and Borrower shall cooperate with the Administrative Agent in connection with the publication of certain materials and/or information provided by or on behalf of the Borrower. Information Materials shall be designated by the Borrower or its securities(i) (each, a as “Public Lender”). The Borrower hereby agrees that (w) all Borrower Side Information,” if such Information Materials that are to be made either available to Public Lenders shall be clearly all shareholders of Parent or not material with respect to Parent, Borrower and conspicuously marked the other Subsidiaries of Parent or any of their respective securities for purposes of United States federal and state securities laws and (ii) as “PUBLICPrivate Side Information,” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; if clause (xi) by does not apply to such Information Materials. By marking Borrower Information Materials “PUBLIC”, the Public Side Information,” Parent and Borrower shall be deemed to have authorized the Administrative Agent, the Syndication Agent, the Fronting Banks Agent and the Banks Lenders to treat such Borrower Information Materials as not containing any material non-public information (although it may be confidential, sensitive or proprietary) with respect to the Parent, Borrower or its their respective Affiliates or their respective securities for purposes of United States Federal federal and state securities laws (provided, however, that to the extent such Borrower Materials constitute Information, they shall be treated as set forth in Section 9.15); (y) all Borrower laws. All Information Materials marked “PUBLICPublic Side Information” are permitted to be made available through a portion of the Platform marked “PUBLIC” or through a portion of the Platform designated “Public Investor;Side Information” and (z) the Administrative Agent and the Syndication Agent shall be entitled to treat any Borrower Information Materials that are not marked “PUBLICPublic Side Information” as being suitable only for posting on a portion of the Platform not designated “Public InvestorSide Information.”