Common use of Records; Confidentiality Clause in Contracts

Records; Confidentiality. The Collateral Manager shall maintain or cause to be maintained appropriate books of account and records relating to its services performed hereunder, and such books of account and records shall be accessible for inspection by representatives of the Borrower, the Administrative Agent, the Collateral Agent, and the independent certified public accountants appointed by the Collateral Manager on behalf of the Borrower pursuant to Section 5.34 of the Credit Agreement at any time during normal business hours and upon not less than three Business Days’ prior notice. The Collateral Manager agrees to the provisions of Sections 5.6(b) and (c) of the Credit Agreement. The Collateral Manager shall keep confidential any and all information obtained in connection with the services rendered hereunder and shall not disclose any such information to non-affiliated third parties (excluding the Administrative Agent, the Collateral Agent, the Lenders or the Subordinated Noteholders) except (a) with the prior written consent of the Borrower, (b) such information as a Rating Agency shall reasonably request in connection with its rating of the Loans or supplying credit estimates on any obligation included in the Collateral, (c) in connection with establishing trading or investment accounts or otherwise in connection with effecting Transactions on behalf of the Borrower, (d) as required by (i) applicable law, regulation, court order, or a request by a governmental regulatory agency with jurisdiction over the Collateral Manager or any of its Affiliates or (ii) the rules or regulations of any self-regulating organization, body or official having jurisdiction over the Collateral Manager or any of its Affiliates, (e) to its professional advisors (including, without limitation, legal, tax and accounting advisors), (f) such information as shall have been publicly disclosed other than in known violation of this Agreement or the provisions of the Credit Agreement or the other Loan Documents to which the Collateral Manager is a party or shall have been obtained by the Collateral Manager on a non-confidential basis, (g) such information as is necessary or appropriate to disclose so that the Collateral Manager may perform its duties hereunder, under the Credit Agreement or any other Loan Document or (h) general performance information which may be used by the Collateral Manager, its Affiliates or Owners in connection with their marketing activities. Notwithstanding the foregoing, it is agreed that the Collateral Manager may disclose (a) that it is serving as collateral manager of the Borrower, (b) the nature, aggregate principal amount and overall performance of the Borrower’s assets, (c) the amount of earnings on the Collateral, (d) such other information about the Borrower, the Collateral and the Loans as is customarily disclosed by managers of collateralized loan obligations and warehouses similar to the transactions contemplated by the Loan Documents and (e) each of its respective employees, representatives or other agents may disclose to any and all Persons, without limitation of any kind, the U.S. federal income tax treatment and U.S. federal income tax structure of the transactions contemplated by the Credit Agreement, this Agreement and the related documents and all materials of any kind (including opinions and other tax analyses) that are provided to them relating to such U.S. federal income tax treatment and U.S. income tax structure. For purposes of this Section 6, the Lenders and the Subordinated Noteholders shall not be considered “non-affiliated third parties.” Nothing in this Section 6 prohibits any Person from reporting possible violations of federal law or regulation to any governmental agency or entity, including but not limited to the Department of Justice, the Securities and Exchange Commission, the United States Congress, and any agency inspector general, or making other disclosures that are protected under the whistleblower provisions of federal law or regulation. There is no prior authorization necessary hereunder to make any such reports or disclosures and there is no requirement hereunder to notify the Collateral Manager that any such reports or disclosures have been made.

Records; Confidentiality. The Collateral Manager shall maintain or cause to be maintained appropriate books of account and records relating to its services performed hereunder, and such books of account and records shall be accessible for inspection by representatives of the Borrower, the Administrative AgentIssuer, the Collateral Agent, the Holders, and the independent certified public Independent accountants appointed by the Collateral Manager on behalf of the Borrower Issuer pursuant to Section 5.34 Article X of the Credit Agreement Indenture at any time during normal business hours and upon not less than three Business Days’ prior notice. The Collateral Manager agrees to the provisions of Sections 5.6(b) and (c) of the Credit Agreement. The Collateral Manager shall keep confidential any and all information obtained in connection with the services rendered hereunder and shall not disclose any such information to non-affiliated third parties (excluding the Administrative Agent, the Collateral Agent, the Lenders or the Subordinated Noteholdersany Holders and beneficial owners of Debt) except (a) with the prior written consent of the BorrowerIssuer, (b) such information as a Rating Agency shall reasonably request in connection with its rating of the Loans Secured Debt or supplying credit estimates on any obligation included in the CollateralAssets, (c) in connection with establishing trading or investment accounts or otherwise in connection with effecting Transactions on behalf of the BorrowerIssuer, (d) as required by (i) applicable law, regulation, court order, or a request by a governmental regulatory agency with jurisdiction over the Collateral Manager or any of its Affiliates or Affiliates, (ii) the rules or regulations of any self-regulating organization, body or official having jurisdiction over the Collateral Manager or any of its AffiliatesAffiliates or (iii) the rules and regulations of any stock exchange on which the Notes may be listed, (e) to its professional advisors (including, without limitation, legal, tax and accounting advisors), (f) such information as shall have been publicly disclosed other than in known violation of this Agreement or the provisions of the Credit Agreement or the other Loan Documents to which the Collateral Manager is a party Indenture or shall have been obtained by the Collateral Manager on a non-confidential basis, (g) such information as is necessary or appropriate to disclose so that the Collateral Manager may perform its duties hereunder, under the Credit Agreement Indenture or any other Loan Transaction Document or (h) general performance information which may be used by the Collateral Manager, its Affiliates or Owners in connection with their marketing activities. Notwithstanding the foregoing, it is agreed that the Collateral Manager may disclose (a) that it is serving as collateral manager of the BorrowerIssuer, (b) the nature, aggregate principal amount and overall performance of the BorrowerIssuer’s assets, (c) the amount of earnings on the CollateralAssets, (d) such other information about the BorrowerIssuer, the Collateral Assets and the Loans Debt as is customarily disclosed by managers of collateralized loan obligations and warehouses similar to the transactions contemplated by the Loan Documents and (e) each of its respective employees, representatives or other agents may disclose to any and all Persons, without limitation of any kind, the U.S. federal income tax treatment and U.S. federal income tax structure of the transactions contemplated by the Credit AgreementIndenture, this Agreement and the related documents and all materials of any kind (including opinions and other tax analyses) that are provided to them relating to such U.S. federal income tax treatment and U.S. income tax structure. For purposes of this Section 6, the Lenders and the Subordinated Noteholders Holders shall not be considered “non-affiliated third parties.” Nothing in this Section 6 prohibits any Person from reporting possible violations of federal law or regulation to any governmental agency or entity, including but not limited to the Department of Justice, the Securities and Exchange Commission, the United States Congress, and any agency inspector general, or making other disclosures that are protected under the whistleblower provisions of federal law or regulation. There is no prior authorization necessary hereunder to make any such reports or disclosures and there is no requirement hereunder to notify the Collateral Manager that any such reports or disclosures have been made.

Records; Confidentiality. The Collateral Manager shall maintain or cause to be maintained appropriate books of account and records relating to its services performed hereunder, and such books of account and records shall be accessible for inspection by representatives of the Borrower, the Administrative Agent, the Collateral Agent, Agent and the independent certified public accountants appointed by the Collateral Manager on behalf of the Borrower pursuant to Section 5.34 of the Credit Agreement Subordinated Lenders at any time during normal business hours and upon not less than three Business Days’ prior notice. The Collateral Manager agrees to the provisions of Sections 5.6(b) and (c) of the Credit Agreement. The Collateral Manager shall keep confidential any and all information obtained in connection with the services rendered hereunder and shall not disclose any such information to non-affiliated third parties (excluding the Administrative Agent, the Collateral Agent, the Lenders or and the Subordinated NoteholdersLenders) except (a) with the prior written consent of the BorrowerBorrower and the Administrative Agent (which consent shall not be unreasonably withheld), (b) such information as a Rating Agency rating agency shall reasonably request in connection with its rating of the Loans securities issued in the CLO Transaction or supplying credit estimates on any obligation included in the CollateralWarehouse Assets, (c) in connection with establishing trading or investment accounts or otherwise in connection with effecting Transactions on behalf of the Borrower, (d) as required by (i) applicable law, regulation, court order, or a request by a governmental regulatory agency with jurisdiction over the Collateral Manager or any of its Affiliates or (ii) the rules or regulations of any self-regulating organization, body or official having jurisdiction over the Collateral Manager or any of its Affiliates, (e) to its professional advisors (including, without limitation, legal, tax and accounting advisors), (f) such information as shall have been publicly disclosed other than in known violation of this Agreement or the provisions of the Credit Agreement or the other Loan Documents to which the Collateral Manager is a party or shall have been obtained by the Collateral Manager on a non-confidential basis, (g) such information as is necessary or appropriate to disclose so that the Collateral Manager may perform its duties hereunder, under the Credit Agreement or any other Loan Credit Document, (h) as expressly permitted in the Credit Agreement or any other Credit Document or (hi) general performance information which may be used by the Collateral Manager, its Affiliates or Owners in connection with their marketing activities. Notwithstanding the foregoing, it is agreed that the Collateral Manager may disclose (aA) that it is serving as collateral manager of the Borrower, (bB) the nature, aggregate principal amount and overall performance of the Borrower’s assetsWarehouse Assets, (cC) the amount of earnings on the CollateralWarehouse Assets, (dD) such other information about the Borrower, the Collateral Borrower and the Loans Warehouse Assets as is customarily disclosed by managers of collateralized loan obligations and warehouses similar to the transactions contemplated by the Loan Documents and (eE) each of its respective employees, representatives or other agents may disclose to any and all Persons, without limitation of any kind, the U.S. federal income tax treatment and U.S. federal income tax structure of the transactions contemplated by the Credit Agreement, this Agreement and the related documents and all materials of any kind (including opinions and other tax analyses) that are provided to them relating to such U.S. federal income tax treatment and U.S. income tax structure. For purposes of this Section 6, the Lenders and the Subordinated Noteholders shall not be considered “non-affiliated third parties.” Nothing in this Section 6 prohibits any Person from reporting possible violations of federal law or regulation to any governmental agency or entity, including but not limited to the Department of Justice, the Securities and Exchange Commission, the United States Congress, and any agency inspector general, or making other disclosures that are protected under the whistleblower provisions of federal law or regulation. There is no prior authorization necessary hereunder to make any such reports or disclosures and there is no requirement hereunder to notify the Collateral Manager that any such reports or disclosures have been made.

Records; Confidentiality. (a) The Collateral Manager shall maintain or cause to be maintained appropriate books of account and records in accordance with GAAP relating to its services performed hereunder, and such books of account and records and the Underlying Instruments shall be accessible for inspection and copying by representatives of the Borrower, the Collateral Agent and the Administrative Agent, or their designees (at the Collateral AgentBorrower’s expense, in the case of not more than one inspection during any fiscal year except during the continuance of an Event of Default), upon reasonable advance notice and during normal business hours, provided that (i) any expenses incurred by the independent certified public accountants appointed by Borrower hereunder shall be reasonable and documented and (ii) the Collateral Manager on behalf shall not be required to disclose any information which it is required by law or contract to keep confidential, provided further, that, rights under this Section 6(a) may be exercised by any and all of the Borrower pursuant Persons entitled to Section 5.34 of do so upon reasonable prior notice to the Credit Agreement at any time during normal business hours and upon not less than three Business Days’ prior notice. The Collateral Manager agrees to and as often as may reasonably be desired and, except during the provisions continuance of Sections 5.6(b) and (c) an Event of Default, only one such visit per annum shall be at the Credit AgreementBorrower’s expense. The Collateral Manager shall keep confidential any and all such information obtained in connection with the services rendered hereunder and shall not disclose any such information to non-affiliated third parties (excluding the Administrative Agent, that are not Affiliates of the Collateral Agent, the Lenders Manager or the Subordinated Noteholders) Borrower except (ai) with the prior written consent of the Borrower, (bii) such information as a Rating Agency S&P shall reasonably request in connection with its rating of the Loans or supplying any credit estimates on any obligation included in the Collateralestimate, (c) in connection with establishing trading or investment accounts or otherwise in connection with effecting Transactions on behalf of the Borrower, (diii) as required by (i) applicable law, regulation, court order, or a request by a governmental regulatory agency with jurisdiction over the Collateral Manager or any of its Affiliates or (ii) the rules or regulations of any self-regulating organization, body or official having jurisdiction over the Collateral Manager or as required by the rules and regulations of any of its Affiliatesstock exchange on which the Loans may be listed, (eiv) to its shareholders and its professional advisors (including, without limitation, legal, tax and accounting advisors), (fv) as expressly permitted in the Credit Agreement or in any other Loan Document, (vi) to the extent necessary in connection with the duties or rights of the Collateral Manager hereunder, under the Credit Agreement or under any other Loan Document, (vii) to the extent set forth in the second succeeding sentence, in connection with other transactions managed or to be managed by the Collateral Manager or its Affiliates or an assessment by others of the Collateral Manager or its Affiliates performance or investment management business or (viii) such information as shall have been publicly disclosed other than in known violation of this Agreement Agreement. For purposes of this Section 6, the Lenders, prospective Lenders, the Administrative Agent, or the provisions Collateral Agent shall in no event be considered “third parties that are not Affiliates of the Credit Agreement or the other Loan Documents to which the Collateral Manager is a party or the Borrower.” Notwithstanding anything to the contrary herein, the Collateral Manager and its Affiliates shall have been obtained the right to disclose the Collateral Manager’s performance with respect to the Collateral owned by the Borrower from time to time in connection with the marketing of other portfolios, funds and accounts managed or to be managed by the Collateral Manager on a non-confidential basisor any of its Affiliates. (b) Notwithstanding anything herein to the contrary, (g) such information as is necessary or appropriate to disclose so that the Collateral Manager may perform its duties hereunder(and each of the employees, under the Credit Agreement personnel, representatives, or any other Loan Document or (h) general performance information which may be used by agents of the Collateral Manager, its Affiliates or Owners in connection with their marketing activities. Notwithstanding the foregoing, it is agreed that the Collateral Manager may disclose (a) that it is serving as collateral manager of the Borrower, (b) the nature, aggregate principal amount and overall performance of the Borrower’s assets, (c) the amount of earnings on the Collateral, (d) such other information about the Borrower, the Collateral and the Loans as is customarily disclosed by managers of collateralized loan obligations and warehouses similar to the transactions contemplated by the Loan Documents and (e) each of its respective employees, representatives or other agents may disclose to any and all other Persons, without limitation limitations of any kind, the U.S. federal income tax treatment and U.S. federal income tax structure of the transactions contemplated by described here (including the Credit Agreement, this Agreement ownership and disposition of the related documents Loans) and all materials of any kind (including opinions and or other tax analyses) that are provided to them the Collateral Manager relating to such U.S. federal income tax treatment and U.S. income tax structure. However any such information relating to the tax treatment or tax structure is required to be kept confidential to the extent reasonably necessary to comply with applicable federal or state securities law. For purposes of this Section 6paragraph, the terms “tax treatment” and “tax structure” have the meaning given to such terms under U.S. Treasury Regulation Section 1.6011-4(c) and applicable state and local law. (c) If requested by the Majority of the Lenders and on or after the Subordinated Noteholders shall not be considered “non-affiliated third parties.” Nothing in this Section 6 prohibits any Person from reporting possible violations of federal law or regulation to any governmental agency or entityWarehouse Closing Date, including but not limited to the Department of Justice, the Securities and Exchange Commission, the United States Congress, and any agency inspector general, or making other disclosures that are protected under the whistleblower provisions of federal law or regulation. There is no prior authorization necessary hereunder to make any such reports or disclosures and there is no requirement hereunder to notify the Collateral Manager agrees that representatives of the Majority of the Lenders (or an independent third party auditing firm selected by the Majority of the Lenders) shall (at the Borrower’s expense) conduct an audit and/or field examination of the Collateral Manager, at reasonable times in a manner so as to not unduly disrupt the business of the Collateral Manager, for the purpose of examining the servicing and administration of the Collateral Obligations, the results of which audit and/or field examination shall be promptly provided to the Lenders; provided that no more than one such audit or field examination shall be conducted during any such reports fiscal year of the Collateral Manager. (d) If requested by the Administrative Agent or disclosures have been madethe Majority of the Lenders on or after the Warehouse Closing Date, the Collateral Manager shall participate in a meeting with the Administrative Agent and the Lenders requested pursuant to Section 5.5(c) of the Credit Agreement.

Records; Confidentiality. The Collateral Manager shall maintain or cause to be maintained appropriate books of account and records relating to its services performed hereunder, and such books of account and records shall be accessible for inspection by representatives of the BorrowerIssuer, the Administrative AgentTrustee, the Collateral AgentHolders, and the independent certified public Independent accountants appointed by the Collateral Manager on behalf of the Borrower Issuer pursuant to Section 5.34 Article X of the Credit Agreement Indenture at any time during normal business hours and upon not less than three Business Days’ prior notice. The Collateral Manager agrees to the provisions of Sections 5.6(b) and (c) of the Credit Agreement. The Collateral Manager shall keep confidential any and all information obtained in connection with the services rendered hereunder and shall not disclose any such information to non-affiliated third parties (excluding the Administrative Agent, the Collateral Agent, the Lenders or the Subordinated Noteholders) except (a) with the prior written consent of the BorrowerIssuer, (b) such information as a Rating Agency shall reasonably request in connection with its rating of the Loans Secured Notes or in supplying credit estimates on any obligation Collateral Obligation included in the CollateralAssets, (c) in connection with establishing trading or investment accounts or otherwise in connection with effecting Transactions on behalf of the BorrowerIssuer, (d) as required by (i) applicable law, regulation, court order, or a request by a governmental regulatory agency with jurisdiction over the Collateral Manager or any of its Affiliates or Affiliates, (ii) the rules or regulations of any self-regulating organization, body or official having jurisdiction over the Collateral Manager or any of its AffiliatesAffiliates or (iii) the rules and regulations of any stock exchange on which the Secured Notes may be listed, (e) to its professional advisors (including, without limitation, legal, tax and accounting advisors), (f) such information as shall have been publicly disclosed other than in known violation of this Agreement or the provisions of the Credit Agreement or the other Loan Documents to which the Collateral Manager is a party Indenture or shall have been obtained by the Collateral Manager on a non-confidential basis, (g) as expressly permitted in the Final Offering Circular, in the Indenture or in any other Transaction Document, (h) such information as is necessary or appropriate to disclose so that the Collateral Manager may perform its duties hereunder, under the Credit Agreement Indenture or any other Loan Transaction Document or (hi) general performance information which may be used by the Collateral Manager, its Affiliates or Owners their Related Persons in connection with their marketing activities. For purposes of this Section 6, the Holders, the Trustee, the Calculation Agent and the Collateral Administrator shall not be considered “non-affiliated third parties.” Notwithstanding the foregoing, it is agreed that the Collateral Manager may disclose (a) that it is serving as collateral manager of the BorrowerIssuer, (b) the nature, aggregate principal amount and overall performance of the BorrowerIssuer’s assets, (c) the amount of earnings on the CollateralAssets, (d) such other information about the BorrowerIssuer, the Collateral Assets and the Loans Notes as is customarily disclosed by managers of collateralized loan obligations and warehouses similar to the transactions contemplated by the Loan Documents and (e) each of its respective employees, representatives or other agents may disclose to any and all Persons, without limitation of any kind, the U.S. United States federal income tax treatment and U.S. United States federal income tax structure of the transactions contemplated by the Credit AgreementIndenture, this Agreement and the related documents and all materials of any kind (including opinions and other tax analyses) that are provided to them relating to such U.S. United States federal income tax treatment and U.S. United States income tax structure. For purposes of this Section 6, the Lenders and the Subordinated Noteholders shall not be considered “non-affiliated third parties.” Nothing in this Section 6 prohibits any Person from reporting possible violations of federal law or regulation to any governmental agency or entity, including but not limited to the Department of Justice, the Securities and Exchange Commission, the United States Congress, and any agency inspector general, or making other disclosures that are protected under the whistleblower provisions of federal law or regulation. There is no prior authorization necessary hereunder to make any such reports or disclosures and there is no requirement hereunder to notify the Collateral Manager that any such reports or disclosures have been made.

Records; Confidentiality. The Collateral Manager shall maintain or cause to be maintained appropriate books of account and records relating to its services performed hereunder, and such books of account and records shall be accessible for inspection by representatives of the BorrowerIssuer, the Administrative AgentTrustee, the Collateral AgentHolders, and the independent certified public Independent accountants appointed by the Collateral Manager on behalf of the Borrower Issuer pursuant to Section 5.34 Article X of the Credit Agreement Indenture at any time during normal business hours and upon not less than three (3) Business Days’ prior notice. The ; provided, however, that the Collateral Manager agrees shall not be required to disclose or share any of its books or records in respect of any loan-level information with respect the Collateral Obligations or any Obligor to any Holder; provided, further, that, to the provisions extent the Collateral Manager does make available any loan-level information with respect the Collateral Obligations or any Obligor, the Collateral Manager has no responsibility for and makes no representation or warranty as to the accuracy or completeness of Sections 5.6(b) any such information in its possession, whether or not disclosed to any Holder or any other Person, it being understood and (c) acknowledged by the Issuer that the Collateral Manager may have or come into possession from time to time of information that conflicts with the Credit Agreementloan-level information in its possession at such time, and shall have no obligation to update, supplement or correct such materials. The Collateral Manager shall keep confidential any and all information obtained in connection with the services rendered hereunder and shall not disclose any such information to non-affiliated third parties (excluding any Holders and beneficial owners of the Administrative Agent, the Collateral Agent, the Lenders or the Subordinated NoteholdersNotes) except (a) with the prior written consent of the BorrowerIssuer, (b) such information as a Rating Agency S&P shall reasonably request in connection with its rating of the Loans Secured Notes or supplying credit estimates on any obligation included in the CollateralAssets, (c) in connection with establishing trading or investment accounts or otherwise in connection with effecting Transactions on behalf of the BorrowerIssuer, (d) as required by (i) applicable law, regulation, court order, or a request by a governmental regulatory agency with jurisdiction over the Collateral Manager or any of its Affiliates or Affiliates, (ii) the rules or regulations of any self-regulating organization, body or official having jurisdiction over the Collateral Manager or any of its AffiliatesAffiliates or (iii) the Cayman Islands Stock Exchange, (e) to its professional advisors (including, without limitation, legal, tax and accounting advisors), (f) such information as shall have been publicly disclosed other than in known violation of this Agreement or the provisions of the Credit Agreement or the other Loan Documents to which the Collateral Manager is a party Indenture or shall have been obtained by the Collateral Manager on a non-confidential basis, (g) such information as is necessary or appropriate to disclose so that the Collateral Manager may perform its duties hereunder, under the Credit Agreement Indenture or any other Loan Transaction Document, (h) as expressly permitted in the Final Offering Circular, in the Indenture or in any other Transaction Document or (hi) general performance information which may be used by the Collateral Manager, its Affiliates or Owners in connection with their marketing activities. Notwithstanding the foregoing, it is agreed that the Collateral Manager may disclose (a) that it is serving as collateral manager of the BorrowerIssuer, (b) the nature, aggregate principal amount and overall performance of the Borrower’s assetsAssets, (c) the amount of earnings on the CollateralAssets, (d) such other information about the BorrowerIssuer, the Collateral Assets and the Loans Notes as is customarily disclosed by managers of collateralized loan obligations and warehouses similar to the transactions contemplated by the Loan Documents and (e) each of its respective employees, representatives or other agents may disclose to any and all Persons, without limitation of any kind, the U.S. United States federal income tax treatment and U.S. United States federal income tax structure of the transactions contemplated by the Credit AgreementIndenture, this Agreement and the related documents and all materials of any kind (including opinions and other tax analyses) that are provided to them relating to such U.S. United States federal income tax treatment and U.S. United States income tax structure. For purposes of this Section 6, the Lenders Holders and beneficial owners of the Subordinated Noteholders Notes shall not be considered “non-affiliated third parties.” Nothing in this Section 6 prohibits any Person from reporting possible violations of federal law or regulation to any governmental agency or entity, including but not limited to the Department of Justice, the Securities and Exchange Commission, the United States Congress, and any agency inspector general, or making other disclosures that are protected under the whistleblower provisions of federal law or regulation. There is no prior authorization necessary hereunder to make any such reports or disclosures and there is no requirement hereunder to notify the Collateral Manager that any such reports or disclosures have been made.”

Records; Confidentiality. (a) The Collateral Manager shall maintain or cause to be maintained appropriate books of account and records relating to its services performed hereunder, and such books of account and records shall be accessible for inspection by representatives a representative of the BorrowerIssuer, the Administrative Agent, the Collateral Agent, Trustee and the independent certified public Independent accountants appointed by the Collateral Manager on behalf of the Borrower Issuer pursuant to Section 5.34 Article X of the Credit Agreement Indenture at any time during normal business hours and upon not less than three Business Days’ prior notice. The Collateral Manager agrees shall provide the Issuer with sufficient information and reports to maintain the provisions of Sections 5.6(b) books and (c) records of the Credit Agreement. Issuer. (b) The Collateral Manager shall keep confidential any and all information obtained in connection with the services rendered hereunder and shall not disclose any such information to non-affiliated third parties (excluding the Administrative Agent, the Collateral Agent, the Lenders or the Subordinated Noteholders) except (ai) with the prior written consent of the BorrowerIssuer, (bii) such information as a any Rating Agency shall reasonably request in connection with its rating of on the Loans or supplying credit estimates on any obligation included in the CollateralDebt, (ciii) in connection with establishing trading or investment accounts or otherwise in connection with effecting Transactions transactions on behalf of the BorrowerIssuer, (div) as required by (i) applicable law, regulation, court order, order or a request by a governmental regulatory agency with jurisdiction over the Collateral Manager or any of its Affiliates or (ii) the rules or regulations of any self-regulating organization, body or official having jurisdiction over the Collateral Manager or any of its AffiliatesManager, (ev) to its professional advisors advisers or (including, without limitation, legal, tax and accounting advisors), (fvi) such information as shall have been publicly disclosed other than in known violation of this Agreement or the provisions of the Credit Agreement or the other Loan Documents to which the Collateral Manager is a party or shall have been obtained by the Collateral Manager on a non-confidential basis, (g) such information as is necessary or appropriate to disclose so that the Collateral Manager may perform its duties hereunder, under the Credit Agreement or any other Loan Document or (h) general performance information which may be used by the Collateral Manager, its Affiliates or Owners in connection with their marketing activitiesAgreement. Notwithstanding the foregoing, it is agreed that the Collateral Manager may disclose (a) that it is serving as collateral manager may present summary data with respect to the performance of the BorrowerAssets in conjunction with presentation of performance statistics of other funds managed or to be managed by the Collateral Manager or its Affiliates, and may aggregate data with respect to the performance of one or more categories of Assets with similar data of such other funds and (b) the nature, aggregate principal amount and overall performance of the Borrower’s assets, (c) the amount of earnings on the Collateral, (d) may disclose such other information about the BorrowerIssuer, the Collateral Assets and the Loans Debt as is customarily disclosed by managers of collateralized loan obligations obligations. For purposes of this Section 6, the Holders and warehouses similar beneficial owners of the Notes shall in no event be considered “non-affiliated third parties.” (c) Notwithstanding anything in this Agreement or any other Transaction Document to the transactions contemplated by contrary, the Loan Documents Collateral Manager, the Issuers, the Trustee and the Holders and beneficial owners of the Notes (e) and each of its their respective employees, representatives or other agents agents) may disclose to any and all Persons, without limitation of any kind, the U.S. federal income tax treatment and U.S. federal income tax structure (in each case, under applicable federal, state or local law) of the transactions contemplated by the Credit Agreement, this Agreement and the related documents and all materials of any kind (including opinions and or other tax analyses) that are provided to them relating to such U.S. federal income tax treatment and U.S. income tax structure. For purposes of this Section 6, the Lenders ; provided that such U.S. tax treatment and the Subordinated Noteholders U.S. tax structure shall not be considered “non-affiliated third parties.” Nothing in this Section 6 prohibits any Person from reporting possible violations of federal law or regulation to any governmental agency or entity, including but not limited kept confidential to the Department of Justice, the Securities and Exchange Commission, the United States Congress, and any agency inspector general, extent reasonably necessary to comply with applicable U.S. federal or making other disclosures that are protected under the whistleblower provisions of federal law or regulation. There is no prior authorization necessary hereunder to make any such reports or disclosures and there is no requirement hereunder to notify the Collateral Manager that any such reports or disclosures have been madestate laws.

Records; Confidentiality. The Collateral Manager shall maintain or cause to be maintained appropriate books of account and records relating to its services performed hereunder, and such books of account and records shall be accessible for inspection by representatives of the Borrower, the Administrative AgentIssuer, the Collateral AgentTrustee, the Holders, and the independent certified public Independent accountants appointed by the Collateral Manager on behalf of the Borrower Issuer pursuant to Section 5.34 Article X of the Credit Agreement Indenture at any time during normal business hours and upon not less than three Business Days’ prior notice. The Collateral Manager agrees to the provisions of Sections 5.6(b) and (c) of the Credit Agreement. The Collateral Manager shall keep confidential any and all information obtained in connection with the services rendered hereunder and shall not disclose any such information to non-affiliated third parties (excluding the Administrative Agent, the Collateral Agent, the Lenders or the Subordinated Noteholdersany Holders and beneficial owners of Debt) except (a) with the prior written consent of the BorrowerIssuer, (b) such information as a Rating Agency shall reasonably request in connection with its rating of the Loans Secured Debt or supplying credit estimates on any obligation included in the CollateralAssets, (c) in connection with establishing trading or investment accounts or otherwise in connection with effecting Transactions on behalf of the BorrowerIssuer, (d) as required by (i) applicable law, regulation, court order, or a request by a governmental regulatory agency with jurisdiction over the Collateral Manager or any of its Affiliates or Affiliates, (ii) the rules or regulations of any self-regulating organization, body or official having jurisdiction over the Collateral Manager or any of its AffiliatesAffiliates or (iii) the rules and regulations of any stock exchange on which the Debt may be listed, (e) to its professional advisors (including, without limitation, legal, tax and accounting advisors), (f) such information as shall have been publicly disclosed other than in known violation of this Agreement or the provisions of the Credit Agreement or the other Loan Documents to which the Collateral Manager is a party Indenture or shall have been obtained by the Collateral Manager on a non-confidential basis, (g) such information as is necessary or appropriate to disclose so that the Collateral Manager may perform its duties hereunder, under the Credit Agreement Indenture or any other Loan Transaction Document or (h) general performance information which may be used by the Collateral Manager, its Affiliates or Owners in connection with their marketing activities. Notwithstanding the foregoing, it is agreed that the Collateral Manager may disclose (a) that it is serving as collateral manager of the BorrowerIssuer, (b) the nature, aggregate principal amount and overall performance of the BorrowerIssuer’s assets, (c) the amount of earnings on the CollateralAssets, (d) such other information about the BorrowerIssuer, the Collateral Assets and the Loans Debt as is customarily disclosed by managers of collateralized loan obligations and warehouses similar to the transactions contemplated by the Loan Documents and (e) each of its respective employees, representatives or other agents may disclose to any and all Persons, without limitation of any kind, the U.S. federal income tax treatment and U.S. federal income tax structure of the transactions contemplated by the Credit AgreementIndenture, this Agreement and the related documents and all materials of any kind (including opinions and other tax analyses) that are provided to them relating to such U.S. federal income tax treatment and U.S. income tax structure. For purposes of this Section 6, the Lenders and the Subordinated Noteholders Holders shall not be considered “non-affiliated third parties.” Nothing in this Section 6 prohibits any Person from reporting possible violations of federal law or regulation to any governmental agency or entity, including but not limited to the Department of Justice, the Securities and Exchange Commission, the United States Congress, and any agency inspector general, or making other disclosures that are protected under the whistleblower provisions of federal law or regulation. There is no prior authorization necessary hereunder to make any such reports or disclosures and there is no requirement hereunder to notify the Collateral Manager that any such reports or disclosures have been made.

Records; Confidentiality. The Collateral Manager shall maintain or cause to be maintained appropriate books of account and records relating to its services performed hereunder, and such books of account and records shall be accessible for inspection by representatives of the BorrowerIssuer, the Administrative AgentTrustee, the Collateral AgentHolders, and the independent certified public Independent accountants appointed by the Collateral Manager on behalf of the Borrower Issuer pursuant to Section 5.34 Article X of the Credit Agreement Indenture at any time during normal business hours and upon not less than three (3) Business Days’ prior notice. The ; provided, however, that the Collateral Manager agrees shall not be required to disclose or share any of its books or records in respect of any loan-level information with respect the Collateral Obligations or any Obligor to any Holder; provided, further, that, to the provisions extent the Collateral Manager does make available any loan-level information with respect the Collateral Obligations or any Obligor, the Collateral Manager has no responsibility for and makes no representation or warranty as to the accuracy or completeness of Sections 5.6(b) any such information in its possession, whether or not disclosed to any Holder or any other Person, it being understood and (c) acknowledged by the Issuer that the Collateral Manager may have or come into possession from time to time of information that conflicts with the Credit Agreementloan-level information in its possession at such time, and shall have no obligation to update, supplement or correct such materials. The Collateral Manager shall keep confidential any and all information obtained in connection with the services rendered hereunder and shall not disclose any such information to non-affiliated third parties (excluding any Holders and beneficial owners of the Administrative Agent, the Collateral Agent, the Lenders or the Subordinated NoteholdersNotes) except (a) with the prior written consent of the BorrowerIssuer, (b) such information as a Rating Agency S&P shall reasonably request in connection with its rating of the Loans Secured Notes or supplying credit estimates on any obligation included in the CollateralAssets, (c) in connection with establishing trading or investment accounts or otherwise in connection with effecting Transactions on behalf of the BorrowerIssuer, (d) as required by (i) applicable law, regulation, court order, or a request by a governmental regulatory agency with jurisdiction over the Collateral Manager or any of its Affiliates or (ii) the rules or regulations of any self-regulating organization, body or official having jurisdiction over the Collateral Manager or any of its Affiliates, (e) to its professional advisors (including, without limitation, legal, tax and accounting advisors), (f) such information as shall have been publicly disclosed other than in known violation of this Agreement or the provisions of the Credit Agreement or the other Loan Documents to which the Collateral Manager is a party Indenture or shall have been obtained by the Collateral Manager on a non-non- confidential basis, (ga) such information as is necessary or appropriate to disclose so that the Collateral Manager may perform its duties hereunder, under the Credit Agreement Indenture or any other Loan Transaction Document, (h) as expressly permitted in the Final Offering Circular, in the Indenture or in any other Transaction Document or (hi) general performance information which may be used by the Collateral Manager, its Affiliates or Owners in connection with their marketing activities. Notwithstanding the foregoing, it is agreed that the Collateral Manager may disclose (a) that it is serving as collateral manager of the BorrowerIssuer, (b) the nature, aggregate principal amount and overall performance of the Borrower’s assetsAssets, (c) the amount of earnings on the CollateralAssets, (d) such other information about the BorrowerIssuer, the Collateral Assets and the Loans Notes as is customarily disclosed by managers of collateralized loan obligations and warehouses similar to the transactions contemplated by the Loan Documents and (e) each of its respective employees, representatives or other agents may disclose to any and all Persons, without limitation of any kind, the U.S. United States federal income tax treatment and U.S. United States federal income tax structure of the transactions contemplated by the Credit AgreementIndenture, this Agreement and the related documents and all materials of any kind (including opinions and other tax analyses) that are provided to them relating to such U.S. United States federal income tax treatment and U.S. United States income tax structure. For purposes of this Section 6, the Lenders Holders and beneficial owners of the Subordinated Noteholders Notes shall not be considered “non-non- affiliated third parties.” Nothing in this Section 6 prohibits any Person from reporting possible violations of federal law or regulation to any governmental agency or entity, including but not limited to the Department of Justice, the Securities and Exchange Commission, the United States Congress, and any agency inspector general, or making other disclosures that are protected under the whistleblower provisions of federal law or regulation. There is no prior authorization necessary hereunder to make any such reports or disclosures and there is no requirement hereunder to notify the Collateral Manager that any such reports or disclosures have been made.”

Records; Confidentiality. The Collateral Manager shall maintain or cause to be maintained appropriate books of account and records relating to its services performed hereunder, and such books of account and records shall be accessible for inspection by representatives of the BorrowerIssuer, the Administrative Agent, the Collateral Agent, Trustee and the independent certified public Independent accountants appointed by the Collateral Manager on behalf of the Borrower Issuer pursuant to Section 5.34 Article X of the Credit Agreement Indenture at any time during normal business hours and upon not less than three (3) Business Days’ prior notice. The Collateral Manager agrees to the provisions of Sections 5.6(b) and (c) of the Credit Agreement. The Collateral Manager shall keep confidential any and all information obtained in connection with the services rendered hereunder and shall not disclose any such information to non-affiliated third parties (excluding any Holders of the Administrative Agent, Notes or holders of the Collateral Agent, the Lenders or the Subordinated NoteholdersInterests) except (a) with the prior written consent of the BorrowerIssuer, (b) such information as a Rating Agency Moody’s shall reasonably request in connection with its rating of the Loans Notes or supplying credit ratings or estimates on any obligation included in the CollateralAssets, (c) in connection with establishing trading or investment accounts or otherwise in connection with effecting Transactions on behalf of the BorrowerIssuer, (d) as required by (i) applicable law, regulation, court order, or a request by a governmental regulatory agency with jurisdiction over the Collateral Manager or any of its Affiliates or affiliates, (ii) the rules or regulations of any self-regulating organization, body or official having jurisdiction over the Collateral Manager or any of its Affiliatesaffiliates or (iii) the Irish Stock Exchange, (e) to its professional advisors (including, without limitation, legal, tax and accounting advisors), (f) such information as shall have been publicly disclosed other than in known violation of this Agreement Agreement, the Master Loan Sale Agreement, or the provisions of the Credit Agreement or the other Loan Documents to which the Collateral Manager is a party Indenture or shall have been obtained by the Collateral Manager on a non-confidential basis, (g) such information as is necessary or appropriate to disclose so that the Collateral Manager may perform its duties hereunder, under the Credit Agreement Indenture or any other Loan Transaction Document or (h) general performance information which may be used by the Collateral Manager, its Affiliates affiliates or Owners in connection with their marketing activities. Notwithstanding the foregoing, it is agreed that the Collateral Manager may disclose (ai) that it is serving as collateral manager of the Borrower, (b) the nature, aggregate principal amount and overall performance of the Borrower’s assets, (c) the amount of earnings on the Collateral, (d) such other information about the Borrower, the Collateral and the Loans as is customarily disclosed by managers of collateralized loan obligations and warehouses similar to the transactions contemplated by the Loan Documents and (e) each of its respective employees, representatives or other agents may disclose to any and all Persons, without limitation of any kind, the U.S. federal income tax treatment and U.S. federal income tax structure of the transactions contemplated by the Credit Agreement, this Agreement and the related documents and all materials of any kind (including opinions and other tax analyses) that are provided to them relating to such U.S. federal income tax treatment and U.S. income tax structure. For purposes of this Section 6, the Lenders and the Subordinated Noteholders shall not be considered “non-affiliated third parties.” Nothing in this Section 6 prohibits any Person from reporting possible violations of federal law or regulation to any governmental agency or entity, including but not limited to the Department of Justice, the Securities and Exchange Commission, the United States Congress, and any agency inspector general, or making other disclosures that are protected under the whistleblower provisions of federal law or regulation. There is no prior authorization necessary hereunder to make any such reports or disclosures and there is no requirement hereunder to notify the Collateral Manager that any such reports or disclosures have been made.Issuer,

Records; Confidentiality. The Collateral Manager shall maintain or cause to be maintained appropriate books of account and records relating to its services performed hereunder, and such books of account and records shall be accessible for inspection by representatives of the BorrowerIssuer, the Administrative AgentTrustee, the Collateral AgentAdministrator, and the independent certified public Independent accountants appointed by the Collateral Manager on behalf of the Borrower Issuer pursuant to Section 5.34 Article X of the Credit Agreement Indenture at any time during normal business hours and upon not less than three five (5) Business Days’ prior notice. The Collateral Manager agrees to the provisions of Sections 5.6(b) and (c) of the Credit Agreement. The Collateral Manager shall keep confidential any and all information obtained in connection with the services rendered hereunder and shall not disclose any such information to non-affiliated third parties (excluding any Holders of the Administrative Agent, Secured Debt or holders of the Collateral Agent, the Lenders or the Subordinated NoteholdersPreferred Shares) except (a) with the prior written consent of the BorrowerIssuer, (b) such information as a Rating Agency shall reasonably request in connection with its rating of the Loans Secured Debt or supplying credit ratings or estimates on any obligation included in the CollateralAssets, (c) in connection with establishing trading or investment accounts or otherwise in connection with effecting Transactions on behalf of the BorrowerIssuer, (d) as required by (i) applicable law, regulation, court order, legal process or a request by a governmental regulatory agency with jurisdiction over the Collateral Manager or any of its Affiliates or Affiliates, (ii) the rules or regulations of any self-regulating organization, body or official having jurisdiction over the Collateral Manager or any of its Affiliates, Affiliates (e) to its professional advisors (including, without limitation, legal, tax and accounting advisors), (f) such information as shall have been publicly disclosed other than in known violation of this Agreement, the Collateral Administration Agreement, the Master Loan Sale Agreement, the Credit Agreement or the provisions of the Credit Agreement or the other Loan Documents to which the Collateral Manager is a party Indenture or shall have been obtained by the Collateral Manager on a non-confidential basis, (gvii) such information as is necessary or appropriate to disclose so that the Collateral Manager may perform its duties hereunder, under the Credit Agreement Collateral Administration Agreement, the Indenture or any other Loan Transaction Document or (hviii) general performance information which may be used by the Collateral Manager, Manager or its Affiliates or Owners in connection with their marketing activities. Notwithstanding the foregoing, it is agreed that the Collateral Manager may disclose (ai) that it is serving as collateral manager of the BorrowerIssuer, (bii) the nature, aggregate principal amount and overall performance of the BorrowerIssuer’s assetsAssets, (ciii) the amount of earnings on the CollateralAssets, (div) such other information about the BorrowerIssuer, the Collateral Assets, the Secured Debt and the Loans Preferred Shares as is customarily disclosed by managers of collateralized loan obligations and warehouses similar to the transactions contemplated by the Loan Documents and (ev) each of its respective employees, shared personnel, representatives or other agents may disclose to any and all Persons, without limitation of any kind, the U.S. United States federal income tax treatment and U.S. United States federal income tax structure of the transactions contemplated by the Credit AgreementIndenture, this Agreement and the related documents and all materials of any kind (including opinions and other tax analyses) that are provided to them relating to such U.S. United States federal income tax treatment and U.S. United States federal income tax structure; provided that such United States federal income tax treatment and United States federal income tax structure shall be kept confidential to the extent reasonably necessary to comply with applicable United States federal or state laws. For purposes of this Section 6, the Lenders Holders of the Secured Debt and the Subordinated Noteholders holders of the Preferred Shares shall not be considered “non-affiliated third parties.” Nothing in this Section 6 prohibits any Person from reporting possible violations of federal law or regulation to any governmental agency or entity, including but not limited to the Department of Justice, the Securities and Exchange Commission, the United States Congress, and any agency inspector general, or making other disclosures that are protected under the whistleblower provisions of federal law or regulation. There is no prior authorization necessary hereunder to make any such reports or disclosures and there is no requirement hereunder to notify the Collateral Manager that any such reports or disclosures have been made.”

Records; Confidentiality. The Collateral Manager shall maintain or cause to be maintained appropriate books of account and records relating to its services performed hereunder, and such books of account and records shall be accessible for inspection by representatives of the BorrowerIssuer, the Administrative AgentTrustee, the Collateral AgentHolders, and the independent certified public Independent accountants appointed by the Collateral Manager on behalf of the Borrower Issuer pursuant to Section 5.34 Article X of the Credit Agreement Indenture at any time during normal business hours and upon not less than three (3) Business Days’ prior notice. The ; provided, however, that the Collateral Manager agrees shall not be required to disclose or share any of its books or records in respect of any loan-level information with respect the Collateral Obligations or any Obligor to any Holder; provided, further, that, to the provisions extent the Collateral Manager does make available any loan-level information with respect the Collateral Obligations or any Obligor, the Collateral Manager has no responsibility for and makes no representation or warranty as to the accuracy or completeness of Sections 5.6(b) any such information in its possession, whether or not disclosed to any Holder or any other Person, it being understood and (c) acknowledged by the Issuer that the Collateral Manager may have or come into possession from time to time of information that conflicts with the Credit Agreementloan-level information in its possession at such time, and shall have no obligation to update, supplement or correct such materials. The Collateral Manager shall keep confidential any and all information obtained in connection with the services rendered hereunder and shall not disclose any such information to non-affiliated third parties (excluding any Holders and beneficial owners of the Administrative Agent, the Collateral Agent, the Lenders or the Subordinated NoteholdersDebt) except (a) with the prior written consent of the BorrowerIssuer, (b) such information as a Rating Agency S&P shall reasonably request in connection with its rating of the Loans Secured Debt or supplying credit estimates on any obligation included in the CollateralAssets, (c) in connection with establishing trading or investment accounts or otherwise in connection with effecting Transactions on behalf of the BorrowerIssuer, (d) as required by (i) applicable law, regulation, court order, or a request by a governmental regulatory agency with jurisdiction over the Collateral Manager or any of its Affiliates or Affiliates, (ii) the rules or regulations of any self-regulating organization, body or official having jurisdiction over the Collateral Manager or any of its AffiliatesAffiliates or (iii) the Irish Stock Exchange, (e) to its professional advisors (including, without limitation, legal, tax and accounting advisors), (f) such information as shall have been publicly disclosed other than in known violation of this Agreement or the provisions of the Credit Agreement or the other Loan Documents to which the Collateral Manager is a party Indenture or shall have been obtained by the Collateral Manager on a non-confidential basis, (g) such information as is necessary or appropriate to disclose so that the Collateral Manager may perform its duties hereunder, under the Credit Agreement Indenture or any other Loan Transaction Document, (h) as expressly permitted in the Final Offering Circular, in the Indenture or in any other Transaction Document or (hi) general performance information which may be used by the Collateral Manager, its Affiliates or Owners in connection with their marketing activities. Notwithstanding the foregoing, it is agreed that the Collateral Manager may disclose (a) that it is serving as collateral manager of the BorrowerIssuer, (b) the nature, aggregate principal amount and overall performance of the Borrower’s assets, (c) the amount of earnings on the Collateral, (d) such other information about the Borrower, the Collateral and the Loans as is customarily disclosed by managers of collateralized loan obligations and warehouses similar to the transactions contemplated by the Loan Documents and (e) each of its respective employees, representatives or other agents may disclose to any and all Persons, without limitation of any kind, the U.S. federal income tax treatment and U.S. federal income tax structure of the transactions contemplated by the Credit Agreement, this Agreement and the related documents and all materials of any kind (including opinions and other tax analyses) that are provided to them relating to such U.S. federal income tax treatment and U.S. income tax structure. For purposes of this Section 6, the Lenders and the Subordinated Noteholders shall not be considered “non-affiliated third parties.” Nothing in this Section 6 prohibits any Person from reporting possible violations of federal law or regulation to any governmental agency or entity, including but not limited to the Department of Justice, the Securities and Exchange Commission, the United States Congress, and any agency inspector general, or making other disclosures that are protected under the whistleblower provisions of federal law or regulation. There is no prior authorization necessary hereunder to make any such reports or disclosures and there is no requirement hereunder to notify the Collateral Manager that any such reports or disclosures have been made.the

Records; Confidentiality. (a) The Collateral Manager shall maintain or cause to be maintained appropriate books of account and records relating to its services performed hereunder, and such books of account and records shall be accessible for inspection by representatives a representative of the BorrowerIssuer, the Administrative Agent, the Collateral Agent, Trustee and the independent certified public Independent accountants appointed by the Collateral Manager on behalf of the Borrower Issuer pursuant to Section 5.34 Article X of the Credit Agreement Indenture at any time during normal business hours and upon not less than three Business Days’ prior notice. The Collateral Manager agrees shall provide the Issuer with sufficient information and reports to maintain the provisions of Sections 5.6(b) books and (c) records of the Credit Agreement. Issuer. (b) The Collateral Manager shall keep confidential any and all information obtained in connection with the services rendered hereunder and shall not disclose any such information to non-affiliated third parties (excluding the Administrative Agent, the Collateral Agent, the Lenders or the Subordinated Noteholders) except (ai) with the prior written consent of the BorrowerIssuer, (bii) such information as a any Rating Agency shall reasonably request in connection with its rating of the Loans or supplying credit estimates on any obligation included in the CollateralNotes, (ciii) in connection with establishing trading or investment accounts or otherwise in connection with effecting Transactions transactions on behalf of the BorrowerIssuer, (div) as required by (i) applicable law, regulation, court order, order or a request by a governmental regulatory agency with jurisdiction over the Collateral Manager or any of its Affiliates or (ii) the rules or regulations of any self-regulating organization, body or official having jurisdiction over the Collateral Manager or any of its AffiliatesManager, (ev) to its professional advisors advisers or (including, without limitation, legal, tax and accounting advisors), (fvi) such information as shall have been publicly disclosed other than in known violation of this Agreement or the provisions of the Credit Agreement or the other Loan Documents to which the Collateral Manager is a party or shall have been obtained by the Collateral Manager on a non-confidential basis, (g) such information as is necessary or appropriate to disclose so that the Collateral Manager may perform its duties hereunder, under the Credit Agreement or any other Loan Document or (h) general performance information which may be used by the Collateral Manager, its Affiliates or Owners in connection with their marketing activitiesAgreement. Notwithstanding the foregoing, it is agreed that the Collateral Manager may disclose (a) that it is serving as collateral manager may present summary data with respect to the performance of the BorrowerAssets in conjunction with presentation of performance statistics of other funds managed or to be managed by the Collateral Manager or its Affiliates, and may aggregate data with respect to the performance of one or more categories of Assets with similar data of such other funds and (b) the nature, aggregate principal amount and overall performance of the Borrower’s assets, (c) the amount of earnings on the Collateral, (d) may disclose such other information about the BorrowerIssuer, the Collateral Assets and the Loans Securities as is customarily disclosed by managers of collateralized loan obligations obligations. For purposes of this Section 6, the Holders and warehouses similar beneficial owners of the Securities shall in no event be considered “non-affiliated third parties.” (c) Notwithstanding anything in this Agreement or any other Transaction Document to the transactions contemplated by contrary, the Loan Documents Collateral Manager, the Issuers, the Trustee and the Holders and beneficial owners of the Securities (e) and each of its their respective employees, representatives or other agents agents) may disclose to any and all Persons, without limitation of any kind, the U.S. federal income tax treatment and U.S. federal income tax structure (in each case, under applicable federal, state or local law) of the transactions contemplated by the Credit Agreement, this Agreement and the related documents and all materials of any kind (including opinions and or other tax analyses) that are provided to them relating to such U.S. federal income tax treatment and U.S. income tax structure. For purposes of this Section 6, the Lenders ; provided that such U.S. tax treatment and the Subordinated Noteholders U.S. tax structure shall not be considered “non-affiliated third parties.” Nothing in this Section 6 prohibits any Person from reporting possible violations of federal law or regulation to any governmental agency or entity, including but not limited kept confidential to the Department of Justice, the Securities and Exchange Commission, the United States Congress, and any agency inspector general, extent reasonably necessary to comply with applicable U.S. federal or making other disclosures that are protected under the whistleblower provisions of federal law or regulation. There is no prior authorization necessary hereunder to make any such reports or disclosures and there is no requirement hereunder to notify the Collateral Manager that any such reports or disclosures have been madestate laws.

Records; Confidentiality. The Collateral Manager shall maintain or cause to be maintained appropriate books of account and records relating to its services performed hereunder, and such books of account and records shall be accessible for inspection by representatives of the BorrowerIssuer, the Administrative Agent, the Collateral Agent, Trustee and the independent certified public Independent accountants appointed by the Collateral Manager on behalf of the Borrower Issuer pursuant to Section 5.34 Article X of the Credit Agreement Indenture at any time during normal business hours and upon not less than three (3) Business Days’ prior notice. The Collateral Manager agrees to the provisions of Sections 5.6(b) and (c) of the Credit Agreement. The Collateral Manager shall keep confidential any and all information obtained in connection with the services rendered hereunder and shall not disclose any such information to non-affiliated third parties (excluding any Holders of the Administrative Agent, Notes or Holders of the Collateral Agent, the Lenders or the Subordinated NoteholdersInterests) except (a) with the prior written consent of the BorrowerIssuer, (b) such information as a any Rating Agency shall reasonably request in connection with its rating of the Loans Notes or supplying credit ratings or estimates on any obligation included in the CollateralAssets, (c) in connection with establishing trading or investment accounts or otherwise in connection with effecting Transactions on behalf of the BorrowerIssuer, (d) as required by (i) applicable law, regulation, court order, or a request by a governmental regulatory agency with jurisdiction over the Collateral Manager or any of its Affiliates or affiliates, (ii) the rules or regulations of any self-regulating organization, body or official having jurisdiction over the Collateral Manager or any of its Affiliatesaffiliates or (iii) the Irish Stock Exchange, (e) to its professional advisors (including, without limitation, legal, tax and accounting advisors), (f) such information as shall have been publicly disclosed other than in known violation of this Agreement Agreement, the Master Loan Sale Agreement, or the provisions of the Credit Agreement or the other Loan Documents to which the Collateral Manager is a party Indenture or shall have been obtained by the Collateral Manager on a non-confidential basis, (g) such information as is necessary or appropriate to disclose so that the Collateral Manager may perform its duties hereunder, under the Credit Agreement Indenture or any other Loan Transaction Document or (h) general performance information which may be used by the Collateral Manager, its Affiliates affiliates or Owners in connection with their marketing activities. Notwithstanding the foregoing, it is agreed that (i) the Collateral Manager may disclose (a1) that it is serving as collateral manager of the Borrower, (b) the nature, aggregate principal amount and overall performance of the Borrower’s assets, (c) the amount of earnings on the Collateral, (d) such other information about the Borrower, the Collateral and the Loans as is customarily disclosed by managers of collateralized loan obligations and warehouses similar to the transactions contemplated by the Loan Documents and (e) each of its respective employees, representatives or other agents may disclose to any and all Persons, without limitation of any kind, the U.S. federal income tax treatment and U.S. federal income tax structure of the transactions contemplated by the Credit Agreement, this Agreement and the related documents and all materials of any kind (including opinions and other tax analyses) that are provided to them relating to such U.S. federal income tax treatment and U.S. income tax structure. For purposes of this Section 6, the Lenders and the Subordinated Noteholders shall not be considered “non-affiliated third parties.” Nothing in this Section 6 prohibits any Person from reporting possible violations of federal law or regulation to any governmental agency or entity, including but not limited to the Department of Justice, the Securities and Exchange Commission, the United States Congress, and any agency inspector general, or making other disclosures that are protected under the whistleblower provisions of federal law or regulation. There is no prior authorization necessary hereunder to make any such reports or disclosures and there is no requirement hereunder to notify the Collateral Manager that any such reports or disclosures have been made.collateral

Records; Confidentiality. (a) The Collateral Manager shall maintain or cause to be maintained appropriate books of account and records relating to its services performed hereunder, and such books of account and records shall be accessible for inspection and copying by representatives of the BorrowerIssuer, the Administrative AgentHolders of the Income Notes, the Collateral AgentTrustee, the Independent Accountants and the independent certified public accountants appointed by the Collateral Manager on behalf of the Borrower pursuant to Section 5.34 of the Credit Agreement as otherwise required under Rule 144A, at any time during normal business hours and upon not less than three one Business Days’ Day prior notice, and shall be available for publication, in whole or in part, in Ireland, if so required in connection with the listing of any of the Secured Notes on the Irish Stock Exchange. The Collateral Manager agrees to the provisions of Sections 5.6(b) shall, and (c) of the Credit Agreement. The Collateral Manager shall cause its Affiliates to, keep confidential any and all such information obtained in connection with the services rendered hereunder and shall not disclose any such information to non-affiliated third parties (excluding the Administrative Agent, that are not Affiliates of the Collateral Agent, the Lenders Manager or the Subordinated Noteholders) Issuer except (ai) with the prior written consent of the BorrowerIssuer, (bii) such information as a Rating Agency shall reasonably request in connection with its the rating of the Loans or supplying credit estimates on any obligation included in the CollateralSecured Notes, (c) in connection with establishing trading or investment accounts or otherwise in connection with effecting Transactions on behalf of the Borrower, (diii) as required by (i) applicable law, regulation, court order, or a request by a governmental regulatory agency with jurisdiction over the Collateral Manager Manager, the Irish Stock Exchange or any of its Affiliates or (ii) the rules or regulations of any self-regulating organization, body or official having jurisdiction over the Collateral Manager or any of its AffiliatesManager, (eiv) to its professional advisors (including, without limitation, legal, tax and accounting advisors), (fv) as expressly permitted in the Offering Circular, in the Indenture or any other Transaction Document, (vi) to the extent necessary in connection with the duties of the Collateral Manager hereunder or under the Indenture, (vii) in connection with other transactions managed or to be managed by MCG or an assessment by others of MCG’s performance or investment management business or (viii) such information as shall have been publicly disclosed other than in known violation of this Agreement Agreement. For purposes of this Section 6, the Noteholders, prospective Noteholders, the Trustee, the Calculation Agent, the Administrator, the Collateral Administrator, the Initial Purchasers, the Placement Agent or any other party, prospective or otherwise, to an agreement contemplated by the provisions Indenture, shall in no event be considered “third parties that are not Affiliates of the Credit Agreement or the other Loan Documents to which the Collateral Manager is a party or shall have been obtained by the Issuer.” (b) Notwithstanding anything herein to the contrary, the Collateral Manager on a non-confidential basis(and each employee, (g) such information as is necessary representative, or appropriate to disclose so that the Collateral Manager may perform its duties hereunder, under the Credit Agreement or any other Loan Document or (h) general performance information which may be used by agent of the Collateral Manager, its Affiliates or Owners in connection with their marketing activities. Notwithstanding the foregoing, it is agreed that the Collateral Manager may disclose (a) that it is serving as collateral manager of the Borrower, (b) the nature, aggregate principal amount and overall performance of the Borrower’s assets, (c) the amount of earnings on the Collateral, (d) such other information about the Borrower, the Collateral and the Loans as is customarily disclosed by managers of collateralized loan obligations and warehouses similar to the transactions contemplated by the Loan Documents and (e) each of its respective employees, representatives or other agents may disclose to any and all Personsother persons, without limitation limitations of any kind, the U.S. federal income tax treatment and U.S. federal income tax structure of the transactions contemplated by described here (including the Credit Agreement, this Agreement ownership and disposition of the related documents Secured Notes) and all materials of any kind (including opinions and or other tax analyses) that are provided to them the Collateral Manager relating to such U.S. federal income tax treatment and U.S. income tax structure. However any such information relating to the tax treatment or tax structure is required to be kept confidential to the extent reasonably necessary to comply with applicable federal or state securities law. For purposes of this Section 6paragraph, the Lenders terms “tax treatment” and “tax structure” have the Subordinated Noteholders shall not be considered “non-affiliated third parties.” Nothing in this Section 6 prohibits any Person from reporting possible violations of federal law or regulation meaning given to any governmental agency or entity, including but not limited to the Department of Justice, the Securities and Exchange Commission, the such terms under United States Congress, and any agency inspector general, or making other disclosures that are protected under the whistleblower provisions of federal law or regulation. There is no prior authorization necessary hereunder to make any such reports or disclosures and there is no requirement hereunder to notify the Collateral Manager that any such reports or disclosures have been madeTreasury Regulation Section 1.6011-4(c).

Records; Confidentiality. The Collateral Manager shall maintain or cause to be maintained appropriate books of account and records relating to its services performed hereunder, and such books of account and records shall be accessible for inspection by representatives of the BorrowerIssuer, the Administrative AgentTrustee, the Collateral AgentHolders, and the independent certified public Independent accountants appointed by the Collateral Manager on behalf of the Borrower Issuer pursuant to Section 5.34 Article X of the Credit Agreement Indenture at any time during normal business hours and upon not less than three Business Days’ prior notice. The Collateral Manager agrees to the provisions of Sections 5.6(b) and (c) of the Credit Agreement. The Collateral Manager shall keep confidential any and all information obtained in connection with the services rendered hereunder and shall not disclose any such information to non-affiliated third parties (excluding the Administrative Agent, the Collateral Agent, the Lenders or the Subordinated Noteholdersany Holders and beneficial owners of Notes) except (a) with the prior written consent of the BorrowerIssuer, (b) such information as a Rating Agency shall reasonably request in connection with its rating of the Loans Notes or supplying credit estimates on any obligation included in the CollateralAssets, (c) in connection with establishing trading or investment accounts or otherwise in connection with effecting Transactions on behalf of the BorrowerIssuer, (d) as required by (i) applicable law, regulation, court order, or a request by a governmental regulatory agency with jurisdiction over the Collateral Manager or any of its Affiliates or Affiliates, (ii) the rules or regulations of any self-regulating organization, body or official having jurisdiction over the Collateral Manager or any of its AffiliatesAffiliates or (iii) the Irish Stock Exchange, (e) to its professional advisors (including, without limitation, legal, tax and accounting advisors), (f) such information as shall have been publicly disclosed other than in known violation of this Agreement or the provisions of the Credit Agreement or the other Loan Documents to which the Collateral Manager is a party Indenture or shall have been obtained by the Collateral Manager on a non-confidential basis, (g) such information as is necessary or appropriate to disclose so that the Collateral Manager may perform its duties hereunder, under the Credit Agreement Indenture or any other Loan Transaction Document or (h) general performance information which may be used by the Collateral Manager, its Affiliates or Owners in connection with their marketing activities. Notwithstanding the foregoing, it is agreed that the Collateral Manager may disclose (a) that it is serving as collateral manager of the BorrowerIssuer, (b) the nature, aggregate principal amount and overall performance of the BorrowerIssuer’s assets, (c) the amount of earnings on the CollateralAssets, (d) such other information about the BorrowerIssuer, the Collateral Assets and the Loans Notes as is customarily disclosed by managers of collateralized loan obligations and warehouses similar to the transactions contemplated by the Loan Documents and (e) each of its respective employees, representatives or other agents may disclose to any and all Persons, without limitation of any kind, the U.S. United States federal income tax treatment and U.S. United States federal income tax structure of the transactions contemplated by the Credit AgreementIndenture, this Agreement and the related documents and all materials of any kind (including opinions and other tax analyses) that are provided to them relating to such U.S. United States federal income tax treatment and U.S. United States income tax structure. For purposes of this Section 6, the Lenders and the Subordinated Noteholders Holders shall not be considered “non-affiliated third parties.” Nothing in this Section 6 prohibits any Person from reporting possible violations of federal law or regulation to any governmental agency or entity, including but not limited to the Department of Justice, the Securities and Exchange Commission, the United States Congress, and any agency inspector general, or making other disclosures that are protected under the whistleblower provisions of federal law or regulation. There is no prior authorization necessary hereunder to make any such reports or disclosures and there is no requirement hereunder to notify the Collateral Manager that any such reports or disclosures have been made.”

Records; Confidentiality. The Collateral Manager shall maintain or cause to be maintained appropriate books of account and records relating to its services performed hereunder, and such books of account and records shall be accessible for inspection by representatives of the BorrowerIssuer, the Administrative AgentTrustee, the Collateral AgentHolders, and the independent certified public Independent accountants appointed by the Collateral Manager on behalf of the Borrower Issuer pursuant to Section 5.34 10.8 of the Credit Agreement Indenture at any time during normal business hours and upon not less than three five Business Days’ prior notice. The ; provided that any books or records provided or made available to such representatives do not contain confidential information concerning other Clients of the Collateral Manager agrees or if so that such information is removed or redacted as appropriate prior to its release; and provided, further, that such representatives prior to having access to such books or records sign any confidentiality agreement reasonably required by the provisions of Sections 5.6(b) and (c) of Collateral Manager concerning information reasonably deemed confidential by the Credit AgreementCollateral Manager. The Collateral Manager shall keep confidential any and all information obtained in connection with the services rendered hereunder and shall not disclose any such information to non-affiliated third parties (excluding the Administrative Agent, the Collateral Agent, the Lenders or the Subordinated Noteholders) except (a) with the prior written consent of the BorrowerIssuer, (b) such information as a Rating Agency shall reasonably request in connection with its rating of the Loans Secured Notes or in supplying credit estimates on any obligation Collateral Obligation included in the CollateralAssets, (c) in connection with establishing trading or investment accounts or otherwise in connection with effecting Transactions on behalf of the BorrowerIssuer, (d) as required by (i) applicable law, regulation, court order, or a request by a governmental regulatory agency with jurisdiction over the Collateral Manager or any of its Affiliates or Affiliates, (ii) the rules or regulations of any self-regulating organization, body or official having jurisdiction over the Collateral Manager or any of its AffiliatesAffiliates or (iii) the Irish Stock Exchange, (e) to its professional advisors (including, without limitation, legal, tax and accounting advisors), (f) such information as shall have been publicly disclosed other than in known violation of this Agreement or the provisions of the Credit Agreement or the other Loan Documents to which the Collateral Manager is a party Indenture or shall have been obtained by the Collateral Manager on a non-confidential basis, (g) as expressly permitted in the Final Offering Circular, in the Indenture or in any other Transaction Document, (h) such information as is necessary or appropriate to disclose so that the Collateral Manager may perform its duties hereunder, under the Credit Agreement Indenture or any other Loan Transaction Document or (hi) general performance information which may be used by the Collateral Manager, its Affiliates or Owners their Related Persons in connection with their marketing activities. For purposes of this Section 6, the Holders, the Trustee, the Calculation Agent and the Collateral Administrator shall not be considered “non-affiliated third parties.” Notwithstanding the foregoing, it is agreed that the Collateral Manager (and with respect to clause (e) of this sentence, each of its respective employees, representatives or other agents) may disclose (a) that it is serving as collateral manager of the BorrowerIssuer, (b) the nature, aggregate principal amount and overall performance of the BorrowerIssuer’s assets, (c) the amount of earnings on the CollateralAssets, (d) such other information about the BorrowerIssuer, the Collateral Assets and the Loans Notes as is customarily disclosed by managers of collateralized loan obligations and warehouses similar to the transactions contemplated by the Loan Documents and (e) each of its respective employees, representatives or other agents may disclose to any and all Persons, without limitation of any kind, the U.S. United States federal income tax treatment and U.S. United States federal income tax structure of the transactions contemplated by the Credit AgreementIndenture, this Agreement and the related documents and all materials of any kind (including opinions and other tax analyses) that are provided to them relating to such U.S. United States federal income tax treatment and U.S. United States income tax structure. For purposes of this Section 6, the Lenders and the Subordinated Noteholders shall not be considered “non-affiliated third parties.” Nothing in this Section 6 prohibits any Person from reporting possible violations of federal law or regulation to any governmental agency or entity, including but not limited to the Department of Justice, the Securities and Exchange Commission, the United States Congress, and any agency inspector general, or making other disclosures that are protected under the whistleblower provisions of federal law or regulation. There is no prior authorization necessary hereunder to make any such reports or disclosures and there is no requirement hereunder to notify the Collateral Manager that any such reports or disclosures have been made.

Records; Confidentiality. The Collateral Manager shall maintain or cause to be maintained appropriate books of account and records relating to its services performed hereunder, and such books of account and records shall be accessible for inspection by representatives of the BorrowerIssuer, the Administrative AgentTrustee, the Collateral AgentHolders, and the independent certified public Independent accountants appointed by the Collateral Manager on behalf of the Borrower Issuer pursuant to Section 5.34 Article X of the Credit Agreement Indenture at any time during normal business hours and upon not less than three (3) Business Days’ prior notice. The ; provided, however, that the Collateral Manager agrees shall not be required to disclose or share any of its books or records in respect of any loan-level information with respect the Collateral Obligations or any Obligor to any Holder; provided, further, that, to the provisions extent the Collateral Manager does make available any loan-level information with respect the Collateral Obligations or any Obligor, the Collateral Manager has no responsibility for and makes no representation or warranty as to the accuracy or completeness of Sections 5.6(b) any such information in its possession, whether or not disclosed to any Holder or any other Person, it being understood and (c) acknowledged by the Issuer that the Collateral Manager may have or come into possession from time to time of information that conflicts with the Credit Agreementloan-level information in its possession at such time, and shall have no obligation to update, supplement or correct such materials. The Collateral Manager shall keep confidential any and all information obtained in connection with the services rendered hereunder and shall not disclose any such information to non-affiliated third parties (excluding any Holders and beneficial owners of the Administrative Agent, the Collateral Agent, the Lenders or the Subordinated NoteholdersDebt) except (a) with the prior written consent of the BorrowerIssuer, (b) such information as a Rating Agency S&P shall reasonably request in connection with its rating of the Loans Secured Debt or supplying credit estimates on any obligation included in the CollateralAssets, (c) in connection with establishing trading or investment accounts or otherwise in connection with effecting Transactions on behalf of the BorrowerIssuer, (d) as required by (i) applicable law, regulation, court order, or a request by a governmental regulatory agency with jurisdiction over the Collateral Manager or any of its Affiliates or Affiliates, (ii) the rules or regulations of any self-regulating organization, body or official having jurisdiction over the Collateral Manager or any of its Affiliates, (e) to its professional advisors (including, without limitation, legal, tax and accounting advisors), (f) such information as shall have been publicly disclosed other than in known violation of this Agreement or the provisions of the Credit Agreement or the other Loan Documents to which the Collateral Manager is a party or shall have been obtained by the Collateral Manager on a non-confidential basis, (g) such information as is necessary or appropriate to disclose so that the Collateral Manager may perform its duties hereunder, under the Credit Agreement or any other Loan Document or (h) general performance information which may be used by the Collateral Manager, its Affiliates or Owners in connection with their marketing activities. Notwithstanding the foregoing, it is agreed that the Collateral Manager may disclose (a) that it is serving as collateral manager of the Borrower, (b) the nature, aggregate principal amount and overall performance of the Borrower’s assets, (c) the amount of earnings on the Collateral, (d) such other information about the Borrower, the Collateral and the Loans as is customarily disclosed by managers of collateralized loan obligations and warehouses similar to the transactions contemplated by the Loan Documents and (e) each of its respective employees, representatives or other agents may disclose to any and all Persons, without limitation of any kind, the U.S. federal income tax treatment and U.S. federal income tax structure of the transactions contemplated by the Credit Agreement, this Agreement and the related documents and all materials of any kind (including opinions and other tax analyses) that are provided to them relating to such U.S. federal income tax treatment and U.S. income tax structure. For purposes of this Section 6, the Lenders and the Subordinated Noteholders shall not be considered “non-affiliated third parties.” Nothing in this Section 6 prohibits any Person from reporting possible violations of federal law or regulation to any governmental agency or entity, including but not limited to the Department of Justice, the Securities and Exchange Commission, the United States Congress, and any agency inspector general, or making other disclosures that are protected under the whistleblower provisions of federal law or regulation. There is no prior authorization necessary hereunder to make any such reports or disclosures and there is no requirement hereunder to notify the Collateral Manager that any such reports or disclosures have been made.having

Records; Confidentiality. The Collateral Manager shall maintain or cause to be maintained appropriate books of account and records relating to its services performed hereunder, and such books of account and records shall be accessible for inspection by representatives of the BorrowerIssuer, the Administrative AgentTrustee, the Collateral AgentHolders, and the independent certified public Independent accountants appointed by the Collateral Manager on behalf of the Borrower Issuer pursuant to Section 5.34 Article X of the Credit Agreement Indenture at any time during normal business hours and upon not less than three Business Days’ prior notice. The Collateral Manager agrees to the provisions of Sections 5.6(b) and (c) of the Credit Agreement. The Collateral Manager shall keep confidential any and all information obtained in connection with the services rendered hereunder and shall not disclose any such information to non-affiliated third parties (excluding the Administrative Agent, the Collateral Agent, the Lenders or the Subordinated Noteholdersany Holders and beneficial owners of Notes) except (a) with the prior written consent of the BorrowerIssuer, (b) such information as a Rating Agency shall reasonably request in connection with its rating of the Loans Notes or supplying credit estimates on any obligation included in the CollateralAssets, (c) in connection with establishing trading or investment accounts or otherwise in connection with effecting Transactions on behalf of the BorrowerIssuer, (d) as required by (i) applicable law, regulation, court order, or a request by a governmental regulatory agency with jurisdiction over the Collateral Manager or any of its Affiliates or Affiliates, (ii) the rules or regulations of any self-regulating organization, body or official having jurisdiction over the Collateral Manager or any of its AffiliatesAffiliates or (iii) the Irish Stock Exchange, (e) to its professional advisors (including, without limitation, legal, tax and accounting advisors), (f) such information as shall have been publicly disclosed other than in known violation of this Agreement or the provisions of the Credit Agreement or the other Loan Documents to which the Collateral Manager is a party Indenture or shall have been obtained by the Collateral Manager on a non-confidential basis, (g) such information as is necessary or appropriate to disclose so that the Collateral Manager may perform its duties hereunder, under the Credit Agreement Indenture or any other Loan Transaction Document or (h) general performance information which may be used by the Collateral Manager, its Affiliates or Owners in connection with their marketing activities. Notwithstanding the foregoing, it is agreed that the Collateral Manager may disclose (a) that it is serving as collateral manager of the BorrowerIssuer, (b) the nature, aggregate principal amount and overall performance of the BorrowerIssuer’s assets, (c) the amount of earnings on the CollateralAssets, (d) such other information about the BorrowerIssuer, the Collateral Assets and the Loans Notes as is customarily disclosed by managers of collateralized loan obligations and warehouses similar to the transactions contemplated by the Loan Documents and (e) each of its respective employees, representatives or other agents may disclose to any and all Persons, without limitation of any kind, the U.S. United States federal income tax treatment and U.S. United States federal income tax structure of the transactions contemplated by the Credit AgreementIndenture, this Agreement and the related documents and all materials of any kind (including opinions and other tax analyses) that are provided to them relating to such U.S. United States federal income tax treatment and U.S. United States income tax structure. For purposes of this Section 6, the Lenders and the Subordinated Noteholders Holders shall not be considered “non-affiliated third parties.” Nothing in this Section 6 prohibits any Person from reporting possible violations of federal law or regulation to any governmental agency or entity, including but not limited to the Department of Justice, the Securities and Exchange CommissionSEC, the United States Congress, and any agency inspector general, or making other disclosures that are protected under the whistleblower provisions of federal law or regulation. There is no prior authorization necessary hereunder to make any such reports or disclosures and there is no requirement hereunder to notify the Collateral Manager that any such reports or disclosures have been made.

Records; Confidentiality. The Collateral Manager shall maintain or cause to be maintained appropriate books of account and records relating to its services performed hereunder, and such books of account and records shall be accessible for inspection by representatives of the BorrowerIssuer, the Administrative AgentTrustee, the Collateral Agent, Holders and the independent certified public Independent accountants appointed by the Collateral Manager on behalf of the Borrower Issuer pursuant to Section 5.34 10.9 of the Credit Agreement Indenture at any time during normal business hours and upon not less than three Business Days’ prior notice. The Collateral Manager agrees to the provisions of Sections 5.6(b) and (c) of the Credit Agreement. The Collateral Manager shall keep confidential any and all information obtained in connection with the services rendered hereunder and shall not disclose any such information to non-affiliated third parties (excluding any Holders of the Administrative Agent, the Collateral Agent, the Lenders or the Subordinated NoteholdersObligations) except (a) with the prior written consent of the BorrowerIssuer, (b) such information as a Rating Agency shall reasonably request in connection with its rating of the Loans Obligations or supplying credit ratings or estimates on any obligation included in the CollateralAssets, (c) in connection with establishing trading or investment accounts or otherwise in connection with effecting Transactions on behalf of the BorrowerIssuer, (d) as required by (i) applicable law, regulation, court order, or a request by a governmental regulatory agency with jurisdiction over the Collateral Manager or any of its Affiliates or Affiliates, (ii) the rules or regulations of any self-regulating organization, body or official having jurisdiction over the Collateral Manager or any of its AffiliatesAffiliates or (iii) the Irish Stock Exchange, (e) to its professional advisors (including, without limitation, legal, tax and accounting advisors)) and consultants, (f) such information as shall have been publicly disclosed other than in known violation of this Agreement or the provisions of the Credit Agreement or the other Loan Documents to which the Collateral Manager is a party Indenture or shall have been obtained by the Collateral Manager on a non-confidential basis, (g) to nationally recognized statistical rating agencies in accordance with Rule 17g-5 under the Exchange Act, (h) such information as is necessary or appropriate to disclose so that the Collateral Manager may perform its duties hereunder, under the Credit Agreement Indenture or any other Loan Transaction Document or (hi) general performance information which may be used by the Collateral Manager, its Affiliates or Owners in connection with their marketing activities. Notwithstanding the foregoing, it is agreed that the Collateral Manager may disclose (ai) that it is serving as collateral manager of the BorrowerIssuer, (bii) the nature, aggregate principal amount and overall performance of the BorrowerIssuer’s assetsAssets, (ciii) the amount of earnings on the CollateralAssets, (div) such other information about the BorrowerIssuer, the Collateral Assets and the Loans Obligations as is customarily disclosed by managers of collateralized loan obligations and warehouses similar to the transactions contemplated by the Loan Documents and (ev) each of its respective employees, representatives or other agents may disclose to any and all Persons, without limitation of any kindlimitation, the U.S. United States federal income tax treatment and U.S. United States federal income tax structure of the transactions contemplated by the Credit AgreementIndenture, this Agreement and the related documents and all materials of any kind (including opinions and other tax analyses) that are provided to them relating to such U.S. United States federal income tax treatment and U.S. United States income tax structure. For purposes of this Section 6, the Lenders and Holders of the Subordinated Noteholders Obligations shall not be considered “non-affiliated third parties.” Nothing in this Section 6 prohibits any Person from reporting possible violations of federal law or regulation to any governmental agency or entity, including but not limited to the Department of Justice, the Securities and Exchange Commission, the United States Congress, and any agency inspector general, or making other disclosures that are protected under the whistleblower provisions of federal law or regulation. There is no prior authorization necessary hereunder to make any such reports or disclosures and there is no requirement hereunder to notify the Collateral Manager that any such reports or disclosures have been made.”