Common use of Public/Private Clause in Contracts

Public/Private. (i) Each Credit Party hereby authorizes Administrative Agent to distribute (i) to Private Xxxxxx all Communications, including any Communication that Parent Borrower identifies in writing is to be distributed to Private Xxxxxx only (“Private Side Communications”), and (ii) to Public Xxxxxx all Communications other than any Private Side Communication. Parent Borrower represents and warrants that no Communication (other than Private Side Communications) contains any MNPI. Parent Borrower agrees to designate as Private Side Communications only those Communications or portions thereof that it reasonably believes in good faith include MNPI. Parent Borrower, its Affiliates and their respective Subsidiaries do not have any publicly traded securities outstanding as of the date hereof. At any such time, if any, as Parent Borrower, its Affiliates and their respective Subsidiaries issues securities in a transaction that is registered under the Securities Act or exempt from registration under the United States Securities and Exchange Commission (“SEC”) Rule 144A, Parent Borrower will to the extent not in conflict with any Requirements of Law or the requirements of the SEC or other regulatory or self-regulatory bodies, take such steps as may be required so that, at the time of such offering, the information previously provided to Lenders or otherwise pursuant to this Agreement will not constitute MNPI with respect to Parent Borrower, any Affiliate or any of their respective Affiliates for the purpose of United States federal and state securities law at such time. At all times thereafter, Parent Borrower, and agrees to use all commercially reasonable efforts not to designate any Communications provided under Section 5.1(a), (b), (c) and (d) as Private Side Communications.

Public/Private. (i) Each Credit Party hereby authorizes Administrative Agent to distribute (i) to Private Xxxxxx all Communications, including any Communication that Parent Borrower identifies in writing is to be distributed to Private Xxxxxx only (“Private Side Communications”), -92- and (ii) to Public Xxxxxx all Communications other than any Private Side Communication. Parent Borrower represents and warrants that no Communication (other than Private Side Communications) contains any MNPI. Parent Borrower agrees to designate as Private Side Communications only those Communications or portions thereof that it reasonably believes in good faith include MNPI. Parent Borrower, its Affiliates and their respective Subsidiaries do not have any publicly traded securities outstanding as of the date hereof. At any such time, if any, as Parent Borrower, its Affiliates and their respective Subsidiaries issues securities in a transaction that is registered under the Securities Act or exempt from registration under the United States Securities and Exchange Commission (“SEC”) Rule 144A, Parent Borrower will to the extent not in conflict with any Requirements of Law or the requirements of the SEC or other regulatory or self-regulatory bodies, take such steps as may be required so that, at the time of such offering, the information previously provided to Lenders or otherwise pursuant to this Agreement will not constitute MNPI with respect to Parent Borrower, any Affiliate or any of their respective Affiliates for the purpose of United States federal and state securities law at such time. At all times thereafter, Parent Borrower, and agrees to use all commercially reasonable efforts not to designate any Communications provided under Section 5.1(a), (b), (c) and (d) as Private Side Communications.

Public/Private. (i) Each Credit Party hereby authorizes Administrative Agent to distribute (i) to Private Xxxxxx all Communications, including any Communication that Parent Borrower identifies in writing is to be distributed to Private Xxxxxx only (“Private Side Communications”), and (ii) to Public Xxxxxx all Communications other than any Private Side Communication. Parent Borrower represents and warrants that no Communication (other than Private Side Communications) contains any MNPI. Parent Borrower agrees to designate as Private Side Communications only those Communications or portions thereof that it reasonably believes in good faith include MNPI. Parent Borrower, its Affiliates and their respective Subsidiaries do not have any publicly traded securities outstanding as of the date hereof. At any such time, if any, as Parent Borrower, its Affiliates and their respective Subsidiaries issues securities in a transaction that is registered under the Securities Act or exempt from registration under the United States Securities and Exchange Commission (“SEC”) Rule 144A, Parent Borrower will to the extent not in conflict with any Requirements of Law or the requirements of the SEC or other regulatory or self-regulatory bodies, take such steps as may be required so that, at the time of such offering, the information previously provided to Lenders or otherwise pursuant to this Agreement will not constitute MNPI with respect to Parent Borrower, any Affiliate or any of their respective Affiliates for the purpose of United States federal and state securities law at such time. At all times thereafter, Parent Borrower, and agrees to use all commercially reasonable efforts not to designate any Communications provided under Section 5.1(a), (b), (c) and (d) as Private Side Communications.