Common use of Treatment of Certain Information; Confidentiality Clause in Contracts

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders and the Issuing Lenders agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates and to its Related Parties on a need to know basis (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential on substantially the same terms as provided herein), (b) upon the request or demand of any regulatory authority purporting to have jurisdiction over such Person or any of its Affiliates (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (in which case the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, except with respect to any audit or examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrower, in advance, to the extent practicable and lawfully permitted to do so), (c) to the extent required by Applicable Laws pursuant to a subpoena or an order of any court or administrative agency or in any pending legal or administrative proceeding or process (in which case, the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, to the extent permitted by Applicable Law, inform the Borrower promptly in advance thereof so the Borrower may seek a protective order or take other appropriate action), (d) to any other party hereto, (e) in connection with the exercise of any remedies under this Agreement, under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, (f) subject to an agreement containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights and obligations under this Agreement, (ii) any actual or prospective party (or its Related Parties) to any swap, derivative or other transaction under which payments are to be made by reference to the Borrower and its obligations, this Agreement or payments hereunder, (iii) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fund, (g) on a confidential basis to (i) any Rating Agency solely to the extent required in connection with rating the Borrower or its Restricted Subsidiaries or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility, (h) with the prior written consent of the Borrower, (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (j) to the extent such Information (i) becomes publicly available other than as a result of a breach of this Section or (ii) becomes available to the Administrative Agent, any Lender, any Issuing Lender or any of their respective Affiliates from a third party that is not, to such Person’s knowledge, subject to confidentiality obligations to the Borrower, (k) to the extent that such information is independently developed by the Administrative Agent, the applicable Lender or the applicable Issuing Lender or (l) for purposes of establishing a “due diligence” defense. For purposes of this Section, “Information” means all information received from any Credit Party or any Subsidiary thereof relating to any Credit Party or any Subsidiary thereof or any of their respective businesses, other than any such information that is available to the Administrative Agent, any Lender or any Issuing Lender prior to disclosure by any Credit Party or any Subsidiary thereof other than as a result of a breach of this Section 12.10. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at the time of delivery thereof, any information received from the Borrower or any Subsidiary after the date hereof shall be deemed confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10. Any failure by any of the Administrative Agent, the Issuing Lenders or the Lenders to give any such notice to the Borrower described in this Section 12.10 shall not result in any liability on the part of the Administrative Agent, the Issuing Lenders or the Lenders.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders Agent and the Issuing Lenders each Xxxxxx agrees to maintain the confidentiality of the Information (as defined below)) and exercise the same degree of care that it exercises to maintain the confidentiality of its own proprietary information, but in any event not less than reasonable care, except that Information may be disclosed (a) to its Affiliates and to its Related Parties on a need to know basis (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential on substantially confidential); provided that, in no event will the same terms disclosure of Information to such Affiliates or Related Parties facilitate any activity that competes directly with the business activities of any Borrower or the Investment Adviser as provided herein), such business activities have been disclosed to Administrative Agent as of the Closing Date; (b) upon to the request extent required or demand of requested by any regulatory authority purporting to have jurisdiction over such Person or any of its Affiliates Related Parties (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (in which case Administrative Agent or such Lender, as the Administrative Agentcase may be, agrees to inform the applicable Lender or the applicable Issuing Lender shall, except with respect Initial Borrowers promptly thereof and provide an opportunity to any audit or examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrowercontest such disclosure, in advance, each case to the extent practicable and lawfully permitted to do sonot prohibited by applicable law), ; (c) to the extent required by Applicable Laws pursuant to a applicable laws or regulations or by any subpoena or an order of any court or administrative agency or in any pending similar legal or administrative proceeding or process (in which casecase Administrative Agent or such Lender, as the Administrative Agentcase may be, agrees to inform the applicable Lender or the applicable Issuing Lender shallInitial Borrowers promptly thereof and provide an opportunity to contest such disclosure, in each case to the extent permitted not prohibited by Applicable Law, inform the Borrower promptly in advance thereof so the Borrower may seek a protective order or take other appropriate actionapplicable law), ; (d) to any other party hereto, Lender; (e) on a confidential basis, in connection with the exercise of any remedies under this Agreement, hereunder or under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, Credit Agreement or any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, ; (f) subject to an agreement containing provisions substantially the same as those of this SectionSection and with the consent of the applicable Borrower, to (i) any assignee of or Participant in, or any prospective assignee of or Participant inin (but not including a Competitor unless an Event of Default has occurred and is continuing and the Standstill Period has expired), any of its rights and obligations under this Credit Agreement, or (ii) any actual or prospective party (or its Related Parties) (but not including a Competitor unless an Event of Default has occurred and is continuing and the Standstill Period has expired), to any swap, derivative or other transaction under which payments are to be made by reference to the Borrower Borrowers and its their obligations, this Credit Agreement or payments hereunder, (iii) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fund, ; (g) on a confidential basis to (i) any Rating Agency solely to the extent required rating agency in connection with rating the Borrower or its Restricted Subsidiaries Borrowers or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility, ; (h) with the prior written consent of the Borrower, Borrowers; or (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (j) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section or (ii) becomes available to the by Administrative Agent, any Lender, any Issuing Lender or any of their respective Affiliates from a third party that is notor Related Parties, to such Person’s knowledge, subject to confidentiality obligations to the Borrower, (k) to the extent that such information is independently developed by the Administrative Agent, the applicable Lender or the applicable Issuing Lender or (ly) for purposes of establishing a “due diligence” defense. For purposes of this Section, “Information” means all information received from any Credit Party or any Subsidiary thereof relating to any Credit Party or any Subsidiary thereof or any of their respective businesses, other than any such information that is becomes available to the Administrative Agent, any Lender or any Issuing Lender prior to disclosure by any Credit Party or any Subsidiary thereof of their respective Affiliates on a non-confidential basis from a source other than the Borrowers if Administrative Agent, such Lender or such Affiliate (as a result of a breach of this Section 12.10applicable) does not know that such source is prohibited from disclosing such Information. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at the time of delivery thereofIn addition, any information received from the Borrower or any Subsidiary after the date hereof shall be deemed confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10. Any failure by any of the Administrative Agent, the Issuing Lenders Lenders, and any of their respective Related Parties, may (A) disclose the existence of this Credit Agreement and information about this Credit Agreement to market data collectors, similar service providers to the lending industry and service providers to Administrative Agent or the Lenders in connection with the administration of this Credit Agreement, the other Loan Documents, and the Commitments; and (B) use any information (not constituting Information subject to give the foregoing confidentiality restrictions) related to the syndication and arrangement of the credit facilities contemplated by this Credit Agreement in connection with marketing, press releases, or other transactional announcements or updates provided to investor or trade publications, including the placement of “tombstone” advertisements in publications of its choice at its own expense. Notwithstanding anything herein to the contrary, any party to this Credit Agreement (and any employee, representative, or other agent of any party to this Credit Agreement) may disclose to any and all persons, without limitation of any kind, the tax treatment and tax structure of the transactions contemplated by this Credit Agreement and all materials of any kind (including opinions or other tax analyses) that are provided to it relating to such tax treatment and tax structure. However, any such notice information relating to the Borrower described in this Section 12.10 shall not result in tax treatment or tax structure is required to be kept confidential to the extent necessary to comply with any liability on the part of the Administrative Agentapplicable federal or state securities laws, the Issuing Lenders or the Lendersrules, and regulations.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders Agent and the Issuing Lenders agrees to maintain the confidentiality of of, and not disclose, the Information (as defined below), except that Information may be disclosed (a) to its Affiliates and to its Related Parties on a need to know basis (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information prior to such disclosure and instructed to keep such Information confidential on substantially the same terms as provided hereinconfidential), (b) upon to the request extent required or demand of requested by any regulatory authority purporting to have jurisdiction over such Person or any of its Affiliates Related Parties (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (), in which case the Administrative Agentdisclosing party agrees, to the applicable Lender extent permitted by law, rule or regulation and reasonably practicable, to promptly inform the applicable Issuing Lender shallBorrower, except with respect to any audit or examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrower, in advance, to the extent practicable and lawfully permitted to do so), (c) to the extent required by Applicable Laws pursuant to a applicable laws or regulations or by any subpoena or an order of similar legal process; provided, that, (x) prior to any court or administrative agency or in any pending legal or administrative proceeding or process disclosure under this clause (in which casec), the Administrative Agent, Agent or such Lender agrees to endeavor to provide the applicable Lender or the applicable Issuing Lender shall, Borrower with prior notice thereof to the extent that the Administrative Agent or such Lender is permitted by Applicable Law, inform to provide such prior notice to the Borrower promptly in advance thereof so pursuant to the Borrower terms of applicable laws and regulations or such subpoena or legal process, as the case may seek a protective order be, and (y) any disclosure under this clause (c) pursuant to subpoena or take other appropriate action)similar legal process shall be limited solely to that portion of the Information as may be specifically compelled by such subpoena or similar legal process, (d) to any other party hereto, (e) as may be reasonably necessary in connection with the exercise of any remedies under this Agreement, hereunder or under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, Agreement or any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, (f) subject to an a written agreement containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights and obligations under this Agreement, Agreement or (ii) any actual or prospective party (or its Related Parties) to any swap, derivative or other transaction under which payments are to be made by reference to the Borrower a Loan Party and its obligations, this Agreement or payments hereunder, (iii) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fund, (g) on a confidential basis to (i) any Rating Agency solely to the extent required rating agency in connection with rating the Borrower or its Restricted Subsidiaries or the Credit Facility credit facilities provided hereunder or (ii) the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring of CUSIP numbers or other market identifiers with respect to the Credit Facilitycredit facilities provided hereunder, (h) with the prior written consent of the Borrower, (i) to Gold Sheets the members of its investment committee (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and other similar bank trade publications, instructed to keep such information to consist of deal terms and other information customarily found in such publications, Information confidential) or (j) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section or (iiy) becomes available to the Administrative Agent, any Lender, any Issuing Lender or any of their respective Affiliates from a third party that is not, to such Person’s knowledge, subject to confidentiality obligations to the Borrower, (k) to the extent that such information is independently developed by the Administrative Agent, the applicable Lender or the applicable Issuing Lender or (l) for purposes of establishing a “due diligence” defense. For purposes of this Section, “Information” means all information received from any Credit Party or any Subsidiary thereof relating to any Credit Party or any Subsidiary thereof or any of their respective businesses, other than any such information that is available to the Administrative Agent, any Lender or any Issuing Lender prior to disclosure by any Credit Party or any Subsidiary thereof of their respective Affiliates on a nonconfidential basis from a source other than as a result of a breach of this Section 12.10. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at who is not, to the time of delivery thereof, any information received from the Borrower or any Subsidiary after the date hereof shall be deemed confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10. Any failure by any knowledge of the Administrative AgentAgent or such Lender, the Issuing Lenders in breach of any obligation of confidentiality to any Loan Party or the Lenders Subsidiary with respect to give any such notice to the Borrower described in this Section 12.10 shall not result in any liability on the part of the Administrative Agent, the Issuing Lenders or the LendersInformation.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders and the Issuing Lenders L/C Issuer agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates and to its Related Parties and its Affiliates’ respective partners, directors, officers, employees, agents, advisors and other representatives on a “need to know basis basis” (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential on substantially confidential) solely in connection with the same terms transactions contemplated or permitted hereby; provided that the Administrative Agent, the Lenders or the L/C Issuer, as provided herein)the case may be, shall be responsible for its Affiliates’ compliance with this clause, (b) upon to the request or demand of extent requested by any regulatory authority purporting to have jurisdiction over such Person or any of its Affiliates it (including any self-regulatory authority, such as the National Association of Insurance CommissionersCommissioners or any similar organization) (or any nationally recognized rating agency that requires access to information about a Lender’s investment portfolio in which case the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, except connection with ratings issued with respect to such Lender (provided that, prior to any audit or examination conducted by bank accountants or such disclosure, such rating agency shall undertake in writing to preserve the confidentiality of any governmental bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrower, in advance, confidential Information relating to the extent practicable and lawfully permitted to do soLoan Parties), (c) to the extent required by Applicable Laws pursuant to a or regulations or by any subpoena or an order similar legal process; provided that, unless specifically prohibited by Applicable Law or court order, each Lender and the Administrative Agent shall promptly notify the Borrower in advance of any court or administrative agency or in any pending legal or administrative proceeding or process (in which case, the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, to the extent permitted by Applicable Law, inform the Borrower promptly in advance thereof so the Borrower may seek a protective order or take other appropriate action)such disclosure, (d) to any other party hereto, (e) in connection with the exercise of any remedies under this Agreement, hereunder or under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, Agreement or any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, (f) subject to an agreement containing provisions substantially the same as those of this SectionSection 10.23, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights and or obligations under this Agreement, Agreement or (ii) any actual or prospective party counterparty (or its Related Partiesadvisors) to any swap, derivative or other transaction under which payments are to be made by reference Hedge Agreement relating to the Borrower and its obligations, this Agreement or payments hereunder, (iii) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fund, (g) on a confidential basis to (i) any Rating Agency solely to the extent required in connection with rating the Borrower or its Restricted Subsidiaries or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility, (h) with the prior written consent of the Borrower, (h) in customary disclosure about the terms of the financing contemplated hereby in the ordinary course of business to market data collectors and similar service providers to the loan industry for league table purposes or (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (j) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section 10.23 or (iiy) becomes available to the Administrative Agent, any Lender, any Issuing Lender or any of their respective Affiliates on a nonconfidential basis from a third party that is not, to such Person’s knowledge, subject to confidentiality obligations to source other than the Borrower, Borrower (k) except to the extent that such information is independently developed by Information was available to the Administrative Agent, the applicable any Lender or any of their Affiliates as a result of Administrative Agent’s, any Lender’s or their Affiliates’ ownership interests in the applicable Issuing Lender Business or (l) for purposes of establishing a “due diligence” defensethe Borrower). For purposes of this SectionSection 10.23, “Information” means all information received by the Administrative Agent, any Lender or the L/C Issuer, as the case may be, from any Credit Party the Borrower or any Subsidiary thereof of its Subsidiaries relating to any Credit Party the Borrower or any Subsidiary thereof of its Subsidiaries or any of their respective businessesbusinesses (including any target company and its Subsidiaries in connection with contemplated or consummated Acquisition or other investment), other than any such information that is available to the Administrative Agent, Agent or any Lender or any Issuing Lender on a nonconfidential basis prior to disclosure by any Credit Party or any Subsidiary thereof other than as a result of a breach of this Section 12.10. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at the time of delivery thereof, any information received from the Borrower or any Subsidiary after of its Subsidiaries. Any Person required to maintain the date hereof confidentiality of Information as provided in this Section shall be deemed considered to have complied with its obligation to do so if such Person has exercised the same degree of care to maintain the confidentiality of such Information as such Person would accord to its own confidential unless information. Notwithstanding the foregoing, the Administrative Agent and the Lenders agree not to disclose any Information to a (i) Prohibited Lender or (ii) any of their respective Affiliates or any of their and their Affiliates’ officers, directors or employees that (x) are engaged as principles primarily in private equity or venture capital on a proprietary basis (other than, in each case, such information shall already be publicly available other than as a result of a breach of this Section 12.10. Any failure Affiliates engaged by the Borrower with respect to the Transactions or any debt fund affiliates or any advisors thereto) or (y) to the knowledge of the Administrative Agent, the Issuing Lenders or the Lenders to give L/C Issuer, as the case may be, are engaged in businesses competing with the Borrower (including any such notice Affiliate which has been previously identified in writing to the Borrower described Arrangers as such); provided that nothing contained in this Section 12.10 10.23 shall not result in prohibit the disclosure of such Information to any liability on the part officers, directors or employees of any Affiliate of the Administrative Agent, the Issuing Lenders or the LendersL/C Issuer, as the case may be, who reasonably need to know such Information for purposes of evaluating, negotiating, enforcing or consummating any of the transactions contemplated hereby, so long as, such Information is used solely for such purposes.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders and the Issuing Lenders L/C Issuer agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates and to its Related Parties on a need to know basis and its Affiliates’ respective partners, directors, officers, employees, agents, trustees, advisors and representatives (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential on substantially the same terms as provided hereinconfidential), (b) upon to the request or demand of extent requested by any regulatory authority purporting to have jurisdiction over such Person or any of its Affiliates it (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (in which case the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, except with respect to any audit or examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrower, in advance, to the extent practicable and lawfully permitted to do so), (c) to the extent required by Applicable Laws pursuant to a applicable laws or regulations or by any subpoena or an order of any court or administrative agency or in any pending similar legal or administrative proceeding or process (in which case, process; provided that the Administrative Agent, the applicable such Lender or the L/C Issuer, as the case may be, shall, at the sole cost and expense of the Company, request confidential treatment of such confidential information to the extent practicable and permitted by applicable Issuing law and the Administrative Agent, such Lender or the L/C Issuer, as the case may be, shall, to the extent permitted by Applicable Lawapplicable law, promptly inform the Borrower promptly in advance thereof Company with respect thereto so that the Borrower Company may seek appropriate protective relief to the extent permitted by applicable law; provided, further, that in the event such protective remedy or other remedy is not obtained, the Administrative Agent, such Lender or the L/C Issuer, as the case may be, shall furnish only that portion of the confidential information that is legally required and shall disclose the confidential information in a manner reasonably designed to preserve its confidential nature and shall, at the sole cost and expense of the Company, cooperate with the Company’s counsel to enable the Company to attempt to obtain a protective order or take other appropriate action)reliable assurance that confidential treatment will be accorded to the Information, (d) to any other party hereto, (e) in connection with the exercise of any remedies under this Agreement, hereunder or under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, Agreement or any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, (f) subject to an agreement containing provisions substantially the same as those of this SectionSection 10.07, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights and or obligations under this Agreement, Agreement or any Eligible Assignee invited to be a Lender pursuant to Section 2.17 or (ii) any actual or prospective party counterparty (or its Related Partiesadvisors) to any swap, swap or derivative or other transaction under which payments are relating to be made by reference to the a Borrower and its obligations, this Agreement or payments hereunder, (iii) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fund, (g) on a confidential basis to (i) any Rating Agency solely to the extent required rating agency in connection with rating the Borrower Company or its Restricted Subsidiaries or the Credit Facility credit facilities provided hereunder or (ii) the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring of CUSIP numbers of other market identifiers with respect to the Credit Facilitycredit facilities provided hereunder, (h) with the prior written consent of the Borrower, Company or (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (j) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section 10.07 or (iiy) becomes available to the Administrative Agent, any Lender, any Issuing Lender the L/C Issuer or any of their respective Affiliates on a nonconfidential basis from a third party that is notsource other than the Company, which source, to such Person’s knowledge, subject to confidentiality obligations to the Borrower, (k) to the extent that such information is independently developed by actual knowledge of the Administrative Agent, the applicable such Lender or the applicable Issuing L/C Issuer, as the case may be, is not prohibited from disclosing such Information to such Person by a contractual, legal or fiduciary obligation to the Company, the Administrative Agent, any Lender or (l) for purposes of establishing a “due diligence” defensethe L/C Issuer. For purposes of this SectionSection 10.07, “Information” means all information received from any Credit Party the Company or any Subsidiary thereof relating to any Credit Party the Company or any Subsidiary thereof or any of their respective businesses, other than any such information that is available to the Administrative Agent, any Lender or any Issuing Lender the L/C Issuer on a nonconfidential basis prior to disclosure by any Credit Party the Company or any Subsidiary thereof other than Subsidiary. Any Person required to maintain the confidentiality of Information as a result of a breach of provided in this Section 12.10. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at the time of delivery thereof, any information received from the Borrower or any Subsidiary after the date hereof 10.07 shall be deemed considered to have complied with its obligation to do so if such Person has exercised the same degree of care to maintain the confidentiality of such Information as such Person would accord to its own confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10information. Any failure by any Each of the Administrative Agent, the Issuing Lenders and the L/C Issuer acknowledges that (a) the Information may include material non-public information concerning the Company or a Subsidiary, as the Lenders to give any case may be, (b) it has developed compliance procedures regarding the use of material non-public information and (c) it will handle such notice to the Borrower described material non-public information in this Section 12.10 shall not result in any liability on the part of the Administrative Agentaccordance with applicable Law, the Issuing Lenders or the Lendersincluding United States Federal and state securities Laws.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders and the Issuing Lenders L/C Issuer agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates and to its Related Parties on a need and its Affiliates’ respective partners, directors, officers, employees, agents, advisors and representatives and to know basis any direct or indirect contractual counterparty (or such contractual counterparty’s professional advisor) under any Swap Contract relating to Loans outstanding under this Agreement (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential on substantially the same terms as provided hereinconfidential), (b) upon to the request or demand of extent requested by any regulatory authority purporting to have jurisdiction over such Person or any of its Affiliates it (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (in which case the Administrative Agentprovided that unless specifically prohibited by applicable law or court order, the applicable Lender or disclosing party shall endeavor to notify Borrower substantially contemporaneously with any such disclosure (other than any such disclosure in connection with any examination of the applicable Issuing Lender shall, except with respect to any audit or examination conducted financial condition of the disclosing party by bank accountants or any governmental bank regulatory authority exercising examination or such regulatory authority, promptly notify the Borrower, in advance, to the extent practicable and lawfully permitted to do so), (c) to the extent required by Applicable Laws pursuant to a applicable laws or regulations or by any subpoena or an order similar legal process provided that unless specifically prohibited by applicable law or court order, the disclosing party shall endeavor to notify Borrower of such request prior to any court or administrative agency or in any pending legal or administrative proceeding or process (in which casesuch disclosure, but only to the extent reasonably practicable under the circumstances and on the understanding that neither the Administrative Agent, the applicable Lender Lenders or the applicable Issuing Lender shall, L/C Issuer shall incur any liability for failure to the extent permitted by Applicable Law, inform the Borrower promptly in advance thereof so the Borrower may seek a protective order or take other appropriate action)give such notice, (d) to any other party hereto, (e) in connection with the exercise of any remedies under this Agreement, hereunder or under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, Agreement or any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, (f) subject to an agreement containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights and or obligations under this Agreement, Agreement or (ii) any actual or prospective party counterparty (or its Related Partiesadvisors) to any swap, swap or derivative or other transaction under which payments are relating to be made by reference to the Borrower a Loan Party and its obligations, this Agreement or payments hereunder, (iii) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fund, (g) on a confidential basis to (i) any Rating Agency solely to with the extent required in connection with rating the consent of Borrower or its Restricted Subsidiaries or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility, (h) with the prior written consent of the Borrower, (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (j) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section or (iiy) becomes available to the Administrative Agent, any Lender, any Issuing Lender the L/C Issuer or any of their respective Affiliates on a nonconfidential basis from a third party that is not, to such Person’s knowledge, subject to confidentiality obligations to the Borrower, (k) to the extent that such information is independently developed by the Administrative Agent, the applicable Lender or the applicable Issuing Lender or (l) for purposes of establishing a “due diligence” defense. For purposes of this Section, “Information” means all information received from any Credit Party or any Subsidiary thereof relating to any Credit Party or any Subsidiary thereof or any of their respective businesses, source other than any such information that is available to the Administrative Agent, any Lender or any Issuing Lender prior to disclosure by any Credit Party or any Subsidiary thereof other than as a result of a breach of this Section 12.10. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at the time of delivery thereof, any information received from the Borrower or any Subsidiary after the date hereof shall be deemed confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10. Any failure by any of the Administrative Agent, the Issuing Lenders or the Lenders to give any such notice to the Borrower described in this Section 12.10 shall not result in any liability on the part of the Administrative Agent, the Issuing Lenders or the LendersBorrower.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders and the Issuing Lenders (1) The Lender agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates and the extent required by the order of any court or administrative agency in any pending legal, judicial or administrative proceeding or otherwise as required by Applicable Law (in which case, such Person shall, to its Related Parties on a need to know basis (it being understood that the Persons to whom such disclosure is made will be informed of extent permitted by Applicable Law, notify the confidential nature of such Information and instructed to keep such Information confidential on substantially the same terms as provided hereinBorrower promptly thereof, in advance), ; (b) upon the request or demand of any regulatory authority purporting to have jurisdiction over such Person or any of its Affiliates (including any self-regulatory authorityin which case, to the extent permitted by Applicable Law, such as the National Association of Insurance Commissioners) (in which case the Administrative Agent, the applicable Lender or the applicable Issuing Lender Person shall, except with respect to any audit or examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrower, Borrower in advance, to the extent practicable and lawfully permitted to do so), ; (c) to its Affiliates and its Affiliates’ respective employees, directors, legal counsel, independent auditors, professionals and other experts or agents of such person on a “need to know” basis and who are informed of the extent required by Applicable Laws pursuant confidential nature of such information and are or have been advised of their obligation to a subpoena or an order keep information of any court or administrative agency or in any pending legal or administrative proceeding or process (in which case, the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, to the extent permitted by Applicable Law, inform the Borrower promptly in advance thereof so the Borrower may seek a protective order or take other appropriate action), this type confidential; (d) to any other party hereto, (e) in connection with the exercise of any remedies under this Agreement, under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, (f) subject to an agreement containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights and obligations under this Agreement, (ii) any actual or prospective party (or its Related Parties) to any swap, derivative or other transaction under which payments are to be made by reference to the Borrower and its obligations, this Agreement or payments hereunder, (iii) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fund, (g) on a confidential basis to (i) any Rating Agency solely to the extent required in connection with rating the Borrower or its Restricted Subsidiaries or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility, (h) with the prior written consent of the Borrower, (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (j) to the extent such Information (i) becomes publicly available other than as a result by reason of a disclosure by such Person in breach of this Section provision or (ii) becomes available to the Administrative Agent, any Lender, any Issuing Lender or any of their respective Affiliates is received by such Person from a third party that is not, not to such Person’s knowledge, knowledge subject to confidentiality obligations to the Borrower or any of its Affiliates; (e) with the Borrower, ’s prior written consent; (kf) to the extent that such information is independently developed by such Person or its Affiliates; (g) in protecting and enforcing the Administrative Agent, rights of the applicable Lender or with respect to this Agreement and the applicable Issuing Lender or (l) other Loan Documents including for the purposes of establishing a “due diligence” defense; and (h) on a confidential basis to any actual or prospective direct or indirect contractual counterparty to any swap or derivative transaction relating to the Borrower or any of its Subsidiaries; provided that the disclosure of any such information to any prospective lenders shall be made subject to Applicable Law and the acknowledgment and acceptance by such prospective lender that such information is being disseminated on a confidential basis (on substantially the terms set forth in this Section or as is otherwise reasonably acceptable to the Borrower). The Lender shall be liable for any violation of the confidentiality restrictions set forth herein by any of its employees or directors. (2) For purposes of this Section, “Information” means all information received in connection with this Agreement from any Credit Party or any Subsidiary thereof relating to any Credit Party or any Subsidiary thereof of its Subsidiaries or any of their respective businesses, other than any such information that is available to the Administrative Agent, any Lender or any Issuing Lender on a non-confidential basis prior to disclosure by any Credit Party or any Subsidiary thereof other than as a result of a breach of this Section 12.10. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at the time of delivery thereof, any information received from the Borrower or any Subsidiary after the date hereof shall be deemed confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10receipt. Any failure by any Person required to maintain the confidentiality of the Administrative Agent, the Issuing Lenders or the Lenders to give any such notice to the Borrower described Information as provided in this Section 12.10 shall not result in any liability on be considered to have complied with its obligation to do so if such Person has exercised the part same degree of care to maintain the Administrative Agent, the Issuing Lenders or the Lendersconfidentiality of such Information as such Person would accord to its own confidential information.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders Agent and the Issuing Lenders agrees to maintain the confidentiality of of, and not disclose, the Information (as defined below), except that Information may be disclosed (a) to its Affiliates Affiliates, to its auditors and to its Related Parties on a and its Affiliates’ respective partners, directors, officers, employees, agents, advisors and representatives who need to know basis such Information in connection with this Agreement (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed will be subject to keep customary confidentiality obligations of professional practice or agree to be bound by the terms of this Section (or language substantially similar to this Section) with the disclosing party responsible for such Information confidential on substantially the same terms as provided hereinperson’s compliance with this Section), (b) upon to the request or demand of extent requested by any regulatory authority purporting to have jurisdiction over such Person or any of its Affiliates it (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (), in which case the Administrative Agentdisclosing party agrees, to the applicable Lender extent permitted by law, rule or regulation and reasonably practicable, to inform the applicable Issuing Lender shallBorrower, except with respect to any customary audit or customary examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, in advance thereof, (c) to the extent required by applicable laws or regulations or by any subpoena or similar legal process; provided that the Person required to disclose such information shall take reasonable efforts (at the Borrower’s expense) to ensure that any Information so disclosed shall be afforded confidential treatment, to the extent permitted by law, rule or regulation and reasonably practicable, to inform the Borrower, except with respect to any customary audit or customary examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrower, in advance, to the extent practicable and lawfully permitted to do so), (c) to the extent required by Applicable Laws pursuant to a subpoena or an order of any court or administrative agency or in any pending legal or administrative proceeding or process (in which case, the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, to the extent permitted by Applicable Law, inform the Borrower promptly in advance thereof so the Borrower may seek a protective order or take other appropriate action)thereof, (d) to any other party hereto, (e) in connection with the exercise of any remedies under this Agreement, hereunder or under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, Agreement or any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, (f) subject to such Person agreeing to be subject to the provisions of this Section 10.07 or an agreement containing provisions substantially the same at least as restrictive as those of this SectionSection 10.07, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights and or obligations under this Agreement, Agreement or (ii) any actual or prospective party counterparty (or its Related Partiesadvisors) to any swap, swap or derivative or other transaction under which payments are to be made by reference to the Borrower and its obligations, this Agreement or payments hereunder, (iiig) with the consent of the Borrower, (h) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent any rating agency when required by it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fund, (g) on a confidential basis to (i) any Rating Agency solely to the extent required in connection with rating the Borrower or its Restricted Subsidiaries the credit facility provided hereunder; provided, that prior to any disclosure, such rating agency shall undertake in writing to preserve the confidentiality of any Information received by it from the Administrative Agent or the Credit Facility or any Lender, (iii) on a confidential basis to the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility, (h) with the prior written consent of the Borrower, (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, Loans or (j) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section or (iiy) becomes available to the Administrative Agent, any Lender, any Issuing Lender or any of their respective Affiliates from a third party that is not, to such Person’s knowledge, subject to confidentiality obligations to the Borrower, (k) to the extent that such information is independently developed by the Administrative Agent, the applicable Lender or the applicable Issuing Lender or (l) for purposes of establishing a “due diligence” defense. For purposes of this Section, “Information” means all information received from any Credit Party or any Subsidiary thereof relating to any Credit Party or any Subsidiary thereof or any of their respective businesses, other than any such information that is available to the Administrative Agent, any Lender or any Issuing Lender prior to disclosure by any Credit Party or any Subsidiary thereof of their respective Affiliates on a nonconfidential basis from a source other than as a result the Borrower who is not, to the knowledge of a breach the Administrative Agent or such Lender, under an obligation of confidentiality to the Borrower with respect to such Information. In addition, the Administrative Agent and the Lenders may disclose the existence of this Section 12.10. The parties hereto hereby agree that unless otherwise clearly identified by Agreement and information about this Agreement to market data collectors, similar service providers to the Borrower at lending industry and service providers to the time of delivery thereof, any information received from the Borrower Administrative Agent or any Subsidiary after the date hereof shall be deemed confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10. Any failure by any of the Administrative AgentLenders in connection with the administration or servicing of this Agreement, the Issuing Lenders or other Loan Documents and the Lenders to give any such notice to the Borrower described in this Section 12.10 shall not result in any liability on the part of the Administrative Agent, the Issuing Lenders or the LendersCommitments.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders Agent and the Issuing Lenders each Lender agrees to maintain the confidentiality of the Information (as defined below)) and exercise the same degree of care that it exercises to maintain the confidentiality of its own proprietary information, but in any event not less than reasonable care, except that Information may be disclosed (a) to its Affiliates and to its Related Parties on a need to know basis (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential on substantially confidential); provided that, in no event will the same terms disclosure of Information to such Affiliates or Related Parties facilitate any activity that competes directly with the business activities of any Borrower or the Investment Adviser as provided herein), such business activities have been disclosed to Administrative Agent as of the Closing Date; (b) upon to the request extent required or demand of requested by any regulatory authority purporting to have jurisdiction over such Person or any of its Affiliates Related Parties (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (in which case the Administrative AgentAgent or such Lender, as the applicable Lender or case may be, agrees to inform the applicable Issuing Lender shall, except with respect Initial Borrower promptly thereof and provide an opportunity to any audit or examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrowercontest such disclosure, in advance, each case to the extent practicable and lawfully permitted to do sonot prohibited by applicable law), ; (c) to the extent required by Applicable Laws pursuant to a applicable laws or regulations or by any subpoena or an order of any court or administrative agency or in any pending similar legal or administrative proceeding or process (in which case, case the Administrative AgentAgent or such Lender, as the applicable Lender or case may be, agrees to inform the applicable Issuing Lender shallInitial Borrower promptly thereof and provide an opportunity to contest such disclosure, in each case to the extent permitted not prohibited by Applicable Law, inform the Borrower promptly in advance thereof so the Borrower may seek a protective order or take other appropriate actionapplicable law), ; (d) to any other party hereto, Lender; (e) in connection with the exercise of any remedies under this Agreement, hereunder or under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, Credit Agreement or any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, ; (f) subject to an agreement containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, but not including a Competitor, any of its rights and obligations under this Credit Agreement, or (ii) any actual or prospective party (or its Related Parties) ), but not including a Competitor, to any swap, derivative or other transaction under which payments are to be made by reference to the Borrower Borrowers and its their obligations, this Credit Agreement or payments hereunder, (iii) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fund, ; (g) on a confidential basis to (i) any Rating Agency solely to the extent required rating agency in connection with rating the Borrower or its Restricted Subsidiaries Borrowers or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility, ; (h) with the prior written consent of the Borrower, Borrowers; or (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (j) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section or (ii) becomes available to the by Administrative Agent, any Lender, any Issuing Lender or any of their respective Affiliates from a third party that is notor Related Parties, to such Person’s knowledge, subject to confidentiality obligations to the Borrower, (k) to the extent that such information is independently developed by the Administrative Agent, the applicable Lender or the applicable Issuing Lender or (ly) for purposes of establishing a “due diligence” defense. For purposes of this Section, “Information” means all information received from any Credit Party or any Subsidiary thereof relating to any Credit Party or any Subsidiary thereof or any of their respective businesses, other than any such information that is becomes available to the Administrative Agent, any Lender or any Issuing Lender prior to disclosure by any Credit Party or any Subsidiary thereof of their respective Affiliates on a non-confidential basis from a source other than the Borrowers if Administrative Agent, such Lender or such Affiliate (as a result of a breach of this Section 12.10applicable) does not know that such source is prohibited from disclosing such Information. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at the time of delivery thereofIn addition, any information received from the Borrower or any Subsidiary after the date hereof shall be deemed confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10. Any failure by any of the Administrative Agent, the Issuing Lenders Lenders, and any of their respective Related Parties, may (A) disclose the existence of this Credit Agreement and information about this Credit Agreement to market data collectors, similar service providers to the lending industry and service providers to Administrative Agent or the Lenders in connection with the administration of this Credit Agreement, the other Loan Documents, and the Commitments; and (B) use any information (not constituting Information subject to give the foregoing confidentiality restrictions) related to the syndication and arrangement of the credit facilities contemplated by this Credit Agreement in connection with marketing, press releases, or other transactional announcements or updates provided to investor or trade publications, including the placement of “tombstone” advertisements in publications of its choice at its own expense. Notwithstanding anything herein to the contrary, any party to this Credit Agreement (and any employee, representative, or other agent of any party to this Credit Agreement) may disclose to any and all persons, without limitation of any kind, the tax treatment and tax structure of the transactions contemplated by this Credit Agreement and all materials of any kind (including opinions or other tax analyses) that are provided to it relating to such tax treatment and tax structure. However, any such notice information relating to the Borrower described in this Section 12.10 shall not result in tax treatment or tax structure is required to be kept confidential to the extent necessary to comply with any liability on the part of the Administrative Agentapplicable federal or state securities laws, the Issuing Lenders or the Lendersrules, and regulations.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders and the Issuing Lenders L/C Issuers agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates Affiliates, its auditors and to its and its Affiliates’ respective Related Parties on a who need to know basis (it being understood that such information in connection with or relating to the Persons to whom such disclosure is made will be evaluation, administration, or enforcement of the Transactions and the Loan Documents and are informed of the confidential nature of such Information information and instructed are or have been advised of their obligation to keep such Information information of this type confidential on substantially (and the same terms as provided hereinAdministrative Agent, the Lenders and the L/C Issuers shall be responsible for their Related Parties’ compliance with this paragraph), (b) upon to the request extent required or demand of requested by any regulatory authority purporting to have jurisdiction over such Person or any of its Affiliates Related Parties (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (), in which case the Administrative Agent, the applicable such Lender or the applicable Issuing Lender shall, such L/C Issuer shall except with respect to any audit or examination conducted by bank accountants or any governmental bank governmental, regulatory, or self- regulatory authority exercising examination or regulatory authority, promptly notify the Borrower, in advance, to the extent practicable and lawfully permitted to do so)by Law, notify the Borrower promptly in advance thereof, (c) to the extent required by Applicable Laws applicable laws or regulations, by any compulsory legal process or pursuant to a subpoena or an the order of any court or administrative agency or in any pending legal legal, judicial or administrative proceeding or process (proceeding, in which case, case the Administrative Agent, such Lender or such L/C Issuer shall notify the applicable Lender Borrower of the proposed disclosure in advance to the extent not prohibited by Law, compulsory legal process or the applicable Issuing Lender shall, to the extent permitted by Applicable Law, inform the Borrower promptly in advance thereof so the Borrower may seek a protective order or take other appropriate action)administrative agency, (d) to any other party hereto, provided that no material non-public information with respect to the Borrower or its Affiliates, or the respective securities of any of the foregoing, may be disclosed to any Public Lender, (e) in connection with the exercise of any remedies under this Agreement, hereunder or under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, Agreement or any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, (f) to market data collectors, similar services providers to the lending industry, and services providers to the Arrangers and the Lenders in connection with the administration and management of the Credit Agreement and the Facilities hereunder; provided that such information is limited to the existence of the Loan Documents and the Facilities hereunder that is customarily provided to such market data collectors or service provider, (g) subject to an agreement containing provisions substantially the same as those of this SectionSection and in accordance with the standard syndication processes of the Arrangers (and shall in any event require “click through” or other affirmative actions on the part of the recipient to access such information) or as otherwise agreed, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights and obligations under this Agreement, Agreement or any Eligible Assignee invited to be a Lender pursuant to Section 2.16 or Section 2.20 or (ii) any actual or prospective party (or its Related Parties) to any swap, derivative or other transaction under which payments are to be made by reference to any of the Borrower and its their obligations, this Agreement or payments hereunder, (iii) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fund, (gh) on a confidential basis to (i) any Rating Agency solely to the extent required rating agency in connection with rating the Borrower or its Restricted Subsidiaries or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facilitycredit facilities provided hereunder, (hi) with the prior written consent of the Borrower, (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (j) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section or (iiy) becomes available to the Administrative Agent, any Lender, any Issuing Lender L/C Issuer or any of their respective Affiliates on a nonconfidential basis from a third third-party that is not, to such Person’s knowledge, subject to confidentiality obligations to source other than the Borrower, ; (k) to the extent that such information was already in possession of the Administrative Agent, any Lender, any L/C Issuer or any of their respective Affiliates (except to the extent received in a manner restricted by this paragraph) or is independently developed by the Administrative Agent, the applicable Lender any Lender, any L/C Issuer or the applicable Issuing Lender any of their respective Affiliates; or (l) for purposes of establishing a “due diligence” defensedefense in any suit, action or proceeding relating to the Loan Documents; provided that in no event shall any disclosure of Information be made to any Disqualified Institution. For purposes In addition, the Administrative Agent and the Lenders may disclose the existence of this SectionAgreement and information about this Agreement to market data collectors, “Information” means all information received from any Credit Party or any Subsidiary thereof relating similar service providers to any Credit Party or any Subsidiary thereof or any of their respective businesses, other than any such information that is available the lending industry and service providers to the Administrative Agent, any Lender or any Issuing Lender prior to disclosure by any Credit Party or any Subsidiary thereof other than as a result of a breach Agent and the Lenders in connection with the administration of this Section 12.10. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at the time of delivery thereof, any information received from the Borrower or any Subsidiary after the date hereof shall be deemed confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10. Any failure by any of the Administrative AgentAgreement, the Issuing Lenders or other Loan Documents, and the Lenders to give any such notice to the Borrower described in this Section 12.10 shall not result in any liability on the part of the Administrative Agent, the Issuing Lenders or the LendersCommitments.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders Issuing Bank and the Issuing Lenders agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates and to its Related Parties on a need to know basis and its Affiliates’ respective partners, directors, officers, employees, agents, advisors and other representatives (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential on substantially the same terms as provided hereinconfidential), (b) upon to the request or demand of extent requested by any regulatory authority purporting to have jurisdiction over such Person or any of its Affiliates it (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (and, in which the case the Administrative Agentof any non-ordinary course disclosure under this clause (b), the applicable Lender or disclosing party shall use its reasonable efforts to inform the applicable Issuing Lender shall, except with respect Borrower thereof prior to any audit or examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrowersuch disclosure and, in advanceany event, shall promptly inform the Borrower thereof, in each case to the extent practicable and lawfully legally permitted to do so), (c) to the extent required by Applicable Laws pursuant to a applicable laws or regulations or by any subpoena or an order of any court or administrative agency or in any pending similar legal or administrative proceeding or process (in which casecase the disclosing party shall use its reasonable efforts to inform the Borrower thereof prior to any such disclosure and, in any event, shall promptly inform the Administrative AgentBorrower thereof, the applicable Lender or the applicable Issuing Lender shall, in each case to the extent legally permitted by Applicable Law, inform the Borrower promptly in advance thereof so the Borrower may seek a protective order or take other appropriate actionto do so), (d) to any other party hereto, (e) in connection with the exercise of any remedies under this Agreement, hereunder or under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, Agreement or any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, (f) subject to an agreement containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights and or obligations under this Agreement, Agreement or (ii) any actual or prospective party counterparty (or its Related Partiesadvisors) to any swap, swap or derivative or other transaction under which payments are to be made by reference relating to the Borrower and its obligations, this Agreement or payments hereunder, (iii) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fund, (g) on a confidential basis to (i) any Rating Agency solely to with the extent required in connection with rating consent of the Borrower or its Restricted Subsidiaries or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility, (h) with the prior written consent of the Borrower, (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (j) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section or (iiy) becomes available to the Administrative Agent, the Issuing Bank or any Lender, any Issuing Lender or any of their respective Affiliates on a nonconfidential basis from a third party that is not, to such Person’s knowledge, subject to confidentiality obligations to source other than the Borrower, (k) to the extent that such information is independently developed by the Administrative Agent, the applicable Lender or the applicable Issuing Lender or (l) for purposes of establishing a “due diligence” defense. For purposes of this Section, “Information” means all information received from any Credit Party or any Subsidiary thereof relating to any Credit Party or any Subsidiary thereof or any of their respective businesses, other than any such information that is available to the Administrative Agent, any Lender or any Issuing Lender prior to disclosure by any Credit Party or any Subsidiary thereof other than as a result of a breach of this Section 12.10. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at the time of delivery thereof, any information received from the Borrower or any Subsidiary after the date hereof shall be deemed confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10. Any failure by any of the Administrative Agent, the Issuing Lenders or the Lenders to give any such notice to the Borrower described in this Section 12.10 shall not result in any liability on the part of the Administrative Agent, the Issuing Lenders or the Lenders.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders Agent and the Issuing Lenders each Lender agrees to maintain the confidentiality of the Information (as defined below)) and exercise the same degree of care that it exercises to maintain the confidentiality of its own proprietary information, but in any event not less than reasonable care, except that Information may be disclosed (a) to its Affiliates and to its Related Parties on a need to know basis (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential on substantially confidential); provided that, in no event will the same terms disclosure of Information to such Affiliates or Related Parties facilitate any activity that competes directly with the business activities of any Borrower or the Investment Adviser as provided herein), such business activities have been disclosed to Administrative Agent as of the Closing Date; (b) upon to the request extent required or demand of requested by any regulatory authority purporting to have jurisdiction over such Person or any of its Affiliates Related Parties (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (in which case Administrative Agent or such Lender, as the Administrative Agentcase may be, agrees to inform the applicable Lender or the applicable Issuing Lender shall, except with respect Initial Borrowers promptly thereof and provide an opportunity to any audit or examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrowercontest such disclosure, in advance, each case to the extent practicable and lawfully permitted to do sonot prohibited by applicable law), ; (c) to the extent required by Applicable Laws pursuant to a applicable laws or regulations or by any subpoena or an order of any court or administrative agency or in any pending similar legal or administrative proceeding or process (in which casecase Administrative Agent or such Lender, as the Administrative Agentcase may be, agrees to inform the applicable Lender or the applicable Issuing Lender shallInitial Borrowers promptly thereof and provide an opportunity to contest such disclosure, in each case to the extent permitted not prohibited by Applicable Law, inform the Borrower promptly in advance thereof so the Borrower may seek a protective order or take other appropriate actionapplicable law), ; (d) to any other party hereto, Lender; (e) on a confidential basis, in connection with the exercise of any remedies under this Agreement, hereunder or under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, Credit Agreement or any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, ; (f) subject to an agreement containing provisions substantially the same as those of this SectionSection and with the consent of the applicable Borrower, to (i) any assignee of or Participant in, or any prospective assignee of or Participant inin (but not including a Competitor unless an Event of Default has occurred and is continuing and the Standstill Period has expired), any of its rights and obligations under this Credit Agreement, or (ii) any actual or prospective party (or its Related Parties) (but not including a Competitor unless an Event of Default has occurred and is continuing and the Standstill Period has expired), to any swap, derivative or other transaction under which payments are to be made by reference to the Borrower Borrowers and its their obligations, this Credit Agreement or payments hereunder, (iii) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fund, ; (g) on a confidential basis to (i) any Rating Agency solely to the extent required rating agency in connection with rating the Borrower or its Restricted Subsidiaries Borrowers or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility, ; (h) with the prior written consent of the Borrower, Borrowers; or (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (j) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section or (ii) becomes available to the by Administrative Agent, any Lender, any Issuing Lender or any of their respective Affiliates from a third party that is notor Related Parties, to such Person’s knowledge, subject to confidentiality obligations to the Borrower, (k) to the extent that such information is independently developed by the Administrative Agent, the applicable Lender or the applicable Issuing Lender or (ly) for purposes of establishing a “due diligence” defense. For purposes of this Section, “Information” means all information received from any Credit Party or any Subsidiary thereof relating to any Credit Party or any Subsidiary thereof or any of their respective businesses, other than any such information that is becomes available to the Administrative Agent, any Lender or any Issuing Lender prior to disclosure by any Credit Party or any Subsidiary thereof of their respective Affiliates on a non-confidential basis from a source other than the Borrowers if Administrative Agent, such Lender or such Affiliate (as a result of a breach of this Section 12.10applicable) does not know that such source is prohibited from disclosing such Information. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at the time of delivery thereofIn addition, any information received from the Borrower or any Subsidiary after the date hereof shall be deemed confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10. Any failure by any of the Administrative Agent, the Issuing Lenders Lenders, and any of their respective Related Parties, may (A) disclose the existence of this Credit Agreement and information about this Credit Agreement to market data collectors, similar service providers to the lending industry and service providers to Administrative Agent or the Lenders in connection with the administration of this Credit Agreement, the other Loan Documents, and the Commitments; and (B) use any information (not constituting Information subject to give the foregoing confidentiality restrictions) related to the syndication and arrangement of the credit facilities contemplated by this Credit Agreement in connection with marketing, press releases, or other transactional announcements or updates provided to investor or trade publications, including the placement of “tombstone” advertisements in publications of its choice at its own expense. Notwithstanding anything herein to the contrary, any party to this Credit Agreement (and any employee, representative, or other agent of any party to this Credit Agreement) may disclose to any and all persons, without limitation of any kind, the tax treatment and tax structure of the transactions contemplated by this Credit Agreement and all materials of any kind (including opinions or other tax analyses) that are provided to it relating to such tax treatment and tax structure. However, any such notice information relating to the Borrower described in this Section 12.10 shall not result in tax treatment or tax structure is required to be kept confidential to the extent necessary to comply with any liability on the part of the Administrative Agentapplicable federal or state securities laws, the Issuing Lenders or the Lendersrules, and regulations.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders Agent and the Issuing Lenders each other Lending Party each agrees to maintain the confidentiality of the Information (as defined below)Information, except that Information may be disclosed (including by means of the Electronic Platform): (a) to its Affiliates and to its Related Parties and its Affiliates’ respective partners, directors, officers, employees, agents, advisors, representatives and funding and financing sources on a “need to know know” basis solely in connection with this Agreement and the transactions contemplated hereby (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed agree to keep such Information confidential on substantially the same terms as provided herein), ; (b) upon to the request or demand of extent requested by any regulatory authority authority, purporting to have jurisdiction over such Person or any of its Affiliates it (including any self-regulatory authority, such as the National Association of Insurance Commissioners); provided that, (i) (in which case each case, unless specifically prohibited by applicable Law or court order, each Lending Party and the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, except with respect Agent shall use its reasonable best efforts to any audit or examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrower, Borrower of any request by any governmental agency or representative thereof (other than any such request in advance, connection with an examination of the financial condition of such Lending Party or Agent by such governmental agency or other routine examinations of such Lending Party or Agent by such governmental agency) for disclosure of any such non-public information prior to the extent practicable and lawfully permitted to do so), disclosure of such information; (c) to the extent required by Applicable applicable Laws pursuant to a or by any subpoena or an order of any court or administrative agency or in any pending similar legal or administrative proceeding or process (in which case, the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, to the extent permitted by Applicable Law, inform the Borrower promptly in advance thereof so the Borrower may seek a protective order or take other appropriate action), process; (d) to any other party hereto, ; (e) in connection with the exercise of any remedies under this Agreement, hereunder or under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, Agreement or any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, provided that, (i) in each case, unless specifically prohibited by applicable Law or court order, each Lending Party and the Agent shall use its reasonable best efforts to promptly notify the Borrower of any request by any governmental agency or representative thereof (other than any such request in connection with an examination of the financial condition of such Lending Party or Agent by such governmental agency or other routine examinations of such Lending Party or Agent by such governmental agency) for disclosure of any such non-public information prior to disclosure of such information and (ii) each Lending Party and the Agent shall use reasonable best efforts to ensure that such Information is kept confidential in connection with the exercise of such remedies; (f) to “Gold Sheets” or other similar bank trade publications; provided, that such information consist solely of deal terms and other information customarily found in such publications; (g) unless an Event of Default has occurred and is continuing, subject to an agreement containing provisions substantially the same as those of this Section, to Section 10.07 to: (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights and obligations under this Agreement, (ii) any actual or prospective party (or its Related Parties) to any swap, derivative or other transaction under which payments are to be made by reference to the Borrower and its obligations, this Agreement or payments hereunder, (iii) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fund, (g) on a confidential basis to (i) any Rating Agency solely to the extent required in connection with rating the Borrower or its Restricted Subsidiaries or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility, (h) with the prior written consent of the Borrower, (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (j) to the extent such Information (i) becomes publicly available other than as a result of a breach of this Section or (ii) becomes available to the Administrative Agent, any Lender, any Issuing Lender or any of their respective Affiliates from a third party that is not, to such Person’s knowledge, subject to confidentiality obligations to the Borrower, (k) to the extent that such information is independently developed by the Administrative Agent, the applicable Lender or the applicable Issuing Lender or (l) for purposes of establishing a “due diligence” defense. For purposes of this Section, “Information” means all information received from any Credit Party or any Subsidiary thereof relating to any Credit Party or any Subsidiary thereof or any of their respective businesses, other than any such information that is available to the Administrative Agent, any Lender or any Issuing Lender prior to disclosure by any Credit Party or any Subsidiary thereof other than as a result of a breach of this Section 12.10. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at the time of delivery thereof, any information received from the Borrower or any Subsidiary after the date hereof shall be deemed confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10. Any failure by any of the Administrative Agent, the Issuing Lenders or the Lenders to give any such notice to the Borrower described in this Section 12.10 shall not result in any liability on the part of the Administrative Agent, the Issuing Lenders or the Lenders.or

Treatment of Certain Information; Confidentiality. Each of the Administrative AgentAgents, the Lenders and the Issuing Lenders each L/C Issuer agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates and to its Related Parties on a need to know basis and its Affiliates’ respective partners, directors, officers, employees, agents, advisors, managing members or managers, counsel, accountants and other representatives (collectively, “Representatives”) in connection with the transactions contemplated hereby (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential on substantially the same terms as provided hereinconfidential), (b) upon to the request extent requested by any Governmental Authority or demand of any regulatory authority purporting to have jurisdiction over such Person or any of its Affiliates (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (in which case case, the Administrative Agent, the applicable Agent or such Lender or the applicable Issuing Lender shallL/C Issuer, except with respect as applicable, shall use reasonable efforts to any audit or examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrower, in advance, Borrower prior to such disclosure to the extent practicable and lawfully legally permitted to do so), (c) to the extent required by Applicable applicable Laws pursuant to a or by any subpoena or an order of any court or administrative agency or in any pending similar legal or administrative proceeding or process (in which case, the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, to the extent permitted by Applicable Law, inform the Borrower promptly in advance thereof so the Borrower may seek a protective order or take other appropriate action)process, (d) to any other party hereto, (e) in connection with the exercise of any remedies under this Agreement, hereunder or under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, Agreement or any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, (f) to any state, federal or foreign authority or examiner regulating any Lender, (g) (i) any rating agency, and (ii) subject to an agreement containing provisions substantially the same as those of this SectionSection 10.07, to (ix) any assignee of or Participant in(other than any Disqualified Institution; provided, however, that, participations may be sold to Disqualified Institutions unless a list of Disqualified Institutions has been made available to all Lenders by or on behalf of the Borrower) in (or their Representatives, it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential), or any prospective assignee of or Participant inin (or their Representatives, it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential) any of its rights and or obligations under this Agreement, Agreement or (iiy) any actual or prospective party counterparty (or its Related PartiesRepresentatives, it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential) to any swap, swap or derivative or other transaction under which payments are to be made by reference relating to the Borrower and its obligations, this Agreement or payments hereunder, (iii) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fund, (g) on a confidential basis to (i) any Rating Agency solely to the extent required in connection with rating the Borrower or its Restricted Subsidiaries or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility, (h) with the prior written consent of the Borrower, Borrower or (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (j) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section and not in breach of any agreement binding on any Person (to the knowledge of such Person) or (iiy) becomes available to the Administrative Agent, any Lender, any Issuing Lender L/C Issuer or any of their respective Affiliates on a nonconfidential basis from a third party that is not, to such Person’s knowledge, subject to confidentiality obligations to source other than the Borrower, (k) to the extent that such information is independently developed by the Administrative Agent, the applicable Lender or the applicable Issuing Lender or (l) for purposes of establishing a “due diligence” defense. For purposes of this Section, “Information” means all information received from any Credit Party or on behalf of the Borrower or any Subsidiary thereof of its Subsidiaries relating to any Credit Party the Borrower or any Subsidiary thereof of its Subsidiaries or any of their respective businessesbusinesses or Affiliates, other than any such information that is available to the Administrative Agent, any Lender or any Issuing Lender L/C Issuer on a nonconfidential basis prior to disclosure by any Credit Party or any Subsidiary thereof other than as a result of a breach of this Section 12.10. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at the time of delivery thereof, any information received from the Borrower or any Subsidiary after the date hereof shall be deemed confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10its Subsidiaries. Any failure by any Person required to maintain the confidentiality of the Administrative Agent, the Issuing Lenders or the Lenders to give any such notice to the Borrower described Information as provided in this Section 12.10 shall not result in any liability on be considered to have complied with its obligation to do so if such Person has exercised the part same degree of care to maintain the Administrative Agent, the Issuing Lenders or the Lendersconfidentiality of such Information as such Person would accord to its own confidential information.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders and the Issuing Lenders L/C Issuers agrees on behalf of itself and its Related Parties to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates and to its Related Parties on a need to know basis and its Affiliates’ respective partners, directors, officers, employees, agents, trustees, advisors and representatives (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential on substantially and that the same terms Administrative Agent, the relevant Lender or the relevant L/C Issuer, as provided hereinthe case may be, shall be responsible to the Loan Parties and their Affiliates for any failure by any such Persons who are controlled Affiliates of the Administrative Agent, the relevant Lender or the relevant L/C Issuer, as the case may be, to maintain the confidentiality of the Information), (b) upon to the request extent required or demand of requested by any regulatory authority purporting to have jurisdiction over such Person or any of its Affiliates Related Parties (including any self-regulatory authority, such as the National Association of Insurance Commissioners), (c) to the extent required by applicable laws or regulations or by any subpoena or similar legal process (provided that, in which the case of this clause (c) or the foregoing clause (b), the Administrative Agent, such L/C Issuer or such Lender, as the applicable Lender or case may be, shall (x) disclose only the applicable Issuing Lender shall, information required and (y) except with respect to any audit or examination conducted by bank accountants or any governmental agency, securities or bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrower, in advance, to the extent practicable authority and lawfully permitted to do so), (c) to the extent required by Applicable Laws pursuant to a subpoena or an order of any court or administrative agency or in any pending legal or administrative proceeding or process (in which case, the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, only to the extent permitted by Applicable Lawapplicable law and regulation, inform notify the Borrower promptly Company in writing of such disclosure and will use its best efforts to send such written notice in advance thereof of such disclosure, so that the Borrower Company may seek a protective order or take other appropriate actionremedy), (d) to any other party hereto, (e) in connection with the exercise of any remedies under this Agreement, hereunder or under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, Agreement or any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, (f) subject to an agreement containing provisions substantially the same as those of this Section, to (i) to any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights and obligations under this Agreement, Agreement or any Eligible Assignee invited to be a Lender pursuant to Section 2.16(a) or (ii) any actual or prospective party (or its Related Parties) to any swap, derivative or other transaction under which payments are to be made by reference to the Borrower Borrowers and its their obligations, this Agreement or payments hereunder, (iii) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fund, (g) on a confidential basis to (i) any Rating Agency solely to the extent required rating agency in connection with rating the Borrower Borrowers or its Restricted their Subsidiaries or the Credit Facility credit facilities provided hereunder or (ii) the CUSIP Service Bureau or any similar agency solely in connection with the issuance application, issuance, publishing and monitoring of CUSIP numbers or other market identifiers with respect to the Credit Facilitycredit facilities provided hereunder, (h) with the prior written consent of the Borrower, Company or (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (j) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section or Section, (iiy) becomes available to the Administrative Agent, any Lender, any Issuing Lender L/C Issuer or any of their respective Affiliates on a nonconfidential basis from a third party that is notsource other than any Loan Party or any of its Affiliates (and other than a source acting on its or their behalf), to such Person’s knowledge, subject to confidentiality obligations to the Borrower, (k) to the extent that such information is independently developed and not known by the Administrative Agent, the applicable such Lender or the applicable Issuing Lender or (l) for purposes such L/C Issuer to be in violation of establishing a “due diligence” defense. For purposes of this Section, “Information” means all information received from confidentiality to any Credit such Loan Party or any Subsidiary thereof relating of its Affiliates or (z) is independently discovered or developed by a party hereto without utilizing any Information received from the Borrower or violating the terms of this Section 10.07. In addition, the Administrative Agent, the L/C Issuers and the Lenders may disclose the existence of this Agreement and information about this Agreement to any Credit Party or any Subsidiary thereof or any of their respective businessesmarket data collectors, other than any such information that is available similar service providers to the lending industry and service providers to the Administrative Agent, any Lender or any Issuing Lender prior to disclosure by any Credit Party or any Subsidiary thereof other than as a result of a breach the L/C Issuers and the Lenders in connection with the administration of this Section 12.10. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at the time of delivery thereof, any information received from the Borrower or any Subsidiary after the date hereof shall be deemed confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10. Any failure by any of the Administrative AgentAgreement, the Issuing Lenders or the Lenders to give any such notice to the Borrower described in this Section 12.10 shall not result in any liability on the part of the Administrative Agentother Loan Documents, the Issuing Lenders or Commitments and the LendersLoans.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders Agents and the Issuing Lenders agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its attorneys, professional advisors, independent auditors and Affiliates and to its Related Parties on a need to know basis and its Affiliates’ respective partners, directors, officers, employees, agents, advisors, sub-advisors, lenders, and representatives (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed shall agree to keep such Information confidential on substantially the same terms as provided hereinprior to any such disclosure), (b) upon to the request or demand of extent requested by any regulatory authority purporting to have jurisdiction over such Person or any of its Affiliates it (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (or pursuant to legal process, in which case the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, except with respect to any audit or examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, promptly it shall notify the Borrower, in advance, to Borrower of the extent practicable and lawfully permitted to do so)disclosure thereof unless such notification is prohibited by law, (c) to the extent required by Applicable applicable Laws pursuant to a or regulations or by any subpoena or an order of any court or administrative agency or in any pending similar legal or administrative proceeding or process (process, in which case, the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, to the extent permitted by Applicable Law, inform case it shall notify the Borrower promptly in advance of the disclosure thereof so the Borrower may seek a protective order or take other appropriate action)unless such notification is prohibited by law, (d) to any other party hereto, (e) in connection with the exercise of any remedies under this Agreement, hereunder or under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, Agreement or any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, (f) subject to an agreement containing provisions substantially the same as those of this SectionSection 10.07, to (i) any assignee of or Participant inof, or any prospective assignee of or Participant inof, any of its rights and or obligations under this Agreement, (iig) any actual or prospective party with the prior written consent of the Borrower, (or its Related Partiesh) to the extent such Information (x) becomes publicly available other than as a result of a breach of this Section 10.07 or (y) becomes available to any swapAgent, derivative any Lender or any of their respective Affiliates on a nonconfidential basis from a source other transaction under which payments are to be made by reference to the Borrower and its obligations, this Agreement or payments hereunderthan a Loan Party, (iiii) consisting of general portfolio information that does not identify any Loan Party or (j)(A) to an investor or prospective investor in securities issued by an Approved Fund of any Lender that also agrees that Information shall be kept confidential and used solely for the purpose of evaluating an investment in such securities issued by an Approved FundFund of any Lender, (ivB) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in securities issued by an Approved Fund of any Lender in connection with the administration, servicing and reporting on the assets serving as collateral for an securities issued by such Approved Fund Fund, or (vC) to a Rating Agency solely to the extent it nationally recognized rating agency that requires access to information regarding the Borrower and its Restricted SubsidiariesLoan Parties, the Loans and the Loan Documents in connection with ratings issued with in respect to of securities issued by an Approved Fund, (g) on a confidential basis to (i) any Rating Agency solely to the extent required in connection with rating the Borrower or its Restricted Subsidiaries or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring Fund of CUSIP numbers with respect to the Credit Facility, (h) with the prior written consent of the Borrower, (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (j) to the extent such Information (i) becomes publicly available other than as a result of a breach of this Section or (ii) becomes available to the Administrative Agent, any Lender, any Issuing Lender or any of their respective Affiliates from a third party that is not, to such Person’s knowledge, subject to confidentiality obligations to the Borrower, (k) to the extent that such information is independently developed by the Administrative Agent, the applicable Lender or the applicable Issuing Lender or (l) for purposes of establishing a “due diligence” defense. For purposes of this Section, “Information” means all information received from any Credit Party or any Subsidiary thereof relating to any Credit Party or any Subsidiary thereof or any of their respective businesses, other than any such information that is available to the Administrative Agent, any Lender or any Issuing Lender prior to disclosure by any Credit Party or any Subsidiary thereof other than as a result of a breach of this Section 12.10. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at the time of delivery thereof, any information received from the Borrower or any Subsidiary after the date hereof shall be deemed confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10. Any failure by any of the Administrative Agent, the Issuing Lenders or the Lenders to give any such notice to the Borrower described in this Section 12.10 shall not result in any liability on the part of the Administrative Agent, the Issuing Lenders or the Lenders.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders Agent and the Issuing Lenders agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates Affiliates, its auditors and to its Related Parties on a need to need-to-know basis (it being understood that (i) the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential on substantially pursuant to the same terms as provided hereinhereof and (ii) the Borrower’s prior written consent shall be required prior to providing any such Information to any controlling persons or equity holders of any Arranger or Lender), (b) upon to the request extent required or demand of requested by any regulatory authority purporting to have having jurisdiction over such Person or any of its Affiliates Related Parties (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (), in which case the Administrative Agentdisclosing Person agrees to inform the Borrower promptly thereof prior to such disclosure, unless such Person is prohibited by Applicable Law from so informing the applicable Lender Borrower, or the applicable Issuing Lender shall, except in connection with respect to any request as part of any audit or examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrower, in advance, to the extent practicable and lawfully permitted to do so)examination, (c) to the extent required by Applicable Laws pursuant to a or regulations or by any subpoena or an similar legal process, in which case the disclosing Person (except in connection with any order or request as part of any court routine audit or administrative agency examination conducted by bank accountants or in any pending legal regulatory examination or administrative proceeding or process (in which case, the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, audit) agrees to the extent permitted by Applicable Law, inform the Borrower promptly in advance thereof so the Borrower may seek a protective order or take other appropriate action)prior to disclosure, (d) to any other party hereto, (e) to the extent necessary in connection with the exercise of any remedies under this Agreement, hereunder or under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, Agreement or any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, (f) subject to an agreement containing provisions substantially the same as those of this SectionSection 10.8, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights and obligations under this Agreement, (ii) potential investors and re-insurance and insurance brokers or (iii) any actual or prospective party (or its Related Parties) to any swap, derivative or other transaction under which payments are to be made by reference to the Borrower and its obligations, this Agreement or payments hereunder, (iii) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fund, (g) on a confidential basis to (i) any Rating Agency solely to the extent required rating agency in connection with rating the Borrower or its Restricted Subsidiaries or the Credit Facility credit facilities provided hereunder or (ii) the CUSIP Service Bureau or any similar agency solely in connection with the issuance application, issuance, publishing and monitoring of CUSIP numbers or other market identifiers with respect to the Credit Facilitycredit facilities provided hereunder, (h) with the prior written consent of the Borrower, Borrower or (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (j) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section or 10.8, (iiy) becomes available to the Administrative Agent, any Lender, any Issuing Lender or any of their respective Affiliates from a third party that is not, to such Person’s knowledge, subject to confidentiality obligations to the Borrower, (k) to the extent that such information is independently developed by the Administrative Agent, the applicable Lender or the applicable Issuing Lender or (l) for purposes of establishing a “due diligence” defense. For purposes of this Section, “Information” means all information received from any Credit Party or any Subsidiary thereof relating to any Credit Party or any Subsidiary thereof or any of their respective businesses, other than any such information that is available to the Administrative Agent, any Lender or any Issuing Lender prior of their respective Affiliates from a source other than the Borrower that is not to disclosure by any Credit Party the recipient’s (or any Subsidiary thereof other than as a result of a breach of this Section 12.10. The parties hereto hereby agree that unless otherwise clearly identified by its Related Party’s) knowledge subject to confidentiality obligations to the Borrower at the time or any of delivery thereof, its Related Parties or (z) is independently discovered or developed by a party hereto without utilizing any information Information received from the Borrower or any Subsidiary after violating the date hereof shall be deemed confidential unless such information shall already be publicly available other than as a result of a breach terms of this Section 12.1010.8. Any failure by any In addition, the Administrative Agent and the Lenders may disclose the existence of this Agreement and information limited solely to economic and structural terms of the Loans to market data collectors, similar service providers to the lending industry and service providers to the Administrative AgentAgent and the Lenders in connection with the administration of this Agreement, the Issuing Lenders or other Loan Documents, and the Lenders to give any such notice to the Borrower described in this Section 12.10 shall not result in any liability on the part of the Administrative Agent, the Issuing Lenders or the LendersCommitments.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders Agent and the Issuing Lenders agrees to maintain the confidentiality of the Information (as defined below), except that the Information may be disclosed (a) to its Affiliates and to its Related Parties and its Affiliates’ respective directors, officers, employees, agents, advisors, insurers, insurance brokers, settlement service providers and other representatives on a “need to know basis basis” (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential on substantially confidential) solely in connection with the same terms transactions contemplated or permitted hereby; provided that the Administrative Agent or the Lenders, as provided herein)the case may be, shall be responsible for their respective Affiliates’ compliance with this clause, (b) upon to the request or demand of extent requested by any regulatory authority purporting to have having jurisdiction over such Person or any of its Affiliates (including any self-regulatory authority, such as the National Association of Insurance CommissionersCommissioners or any similar organization) (or any nationally recognized rating agency that requires access to information about a Lender’s investment portfolio in which case the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, except connection with ratings issued with respect to such Lender (provided that, prior to any audit or examination conducted by bank accountants or such disclosure, such rating agency shall undertake in writing to preserve the confidentiality of any governmental bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrower, in advance, confidential Information relating to the extent practicable and lawfully permitted to do soLoan Parties), (c) to the extent required by Applicable Laws pursuant to a or regulations or by any subpoena or an order similar legal process; provided that, unless specifically prohibited by Applicable Law or court order, each Lender and the Administrative Agent shall promptly notify the Borrower in advance of any court or administrative agency or in any pending legal or administrative proceeding or process (in which case, the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, to the extent permitted by Applicable Law, inform the Borrower promptly in advance thereof so the Borrower may seek a protective order or take other appropriate action)such disclosure, (d) to any other party hereto, (e) in connection with the exercise of any remedies under this Agreement, hereunder or under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, Agreement or any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, (f) subject to an agreement containing provisions substantially the same as not less restrictive than those of this SectionSection 10.23, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights and or obligations under this AgreementAgreement (provided that, for the avoidance of doubt, to the extent that the list of Prohibited Lenders is made available to all Lenders, the “Information” for purposes of this clause (f)(i) shall include the list of Prohibited Lenders) or (ii) any actual or prospective party counterparty (or its Related Partiesadvisors) to any swap, derivative or other transaction under which payments are to be made by reference Hedge Agreement relating to the Borrower and its obligations, this Agreement or payments hereunder, (iii) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fund, (g) on a confidential basis with the consent of the Borrower, (h) (x) to (i) any Rating Agency solely to the extent required rating agency in connection with rating the Borrower or its Restricted Subsidiaries or the Credit Facility facilities evidenced by this Agreement or (iiy) the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility, (h) with the prior written consent of the Borrowerfacilities evidenced by this Agreement, (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (j) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section 10.23 or (iiy) becomes available to the Administrative Agent, any Lender, any Issuing Lender or any of their respective Affiliates on a nonconfidential basis from a third party that is not, to such Person’s knowledge, subject to confidentiality obligations to source other than the Borrower, (j) for purposes of establishing a “due diligence” defense, (k) to the extent that such information is independently developed developed, so long as not based on information obtained in a manner that would otherwise violate this Section 10.23. In addition, the Agents and the Lenders may disclose the existence of this Agreement and customary information about this Agreement to market data collectors, similar service providers to the lending industry, and service providers to the Agents and the Lenders in connection with the administration and management of this Agreement, the other Loan Documents, the Commitments, and the Credit Extensions; provided that such Person is advised of and agrees to be bound by the Administrative Agent, the applicable Lender or the applicable Issuing Lender or (l) for purposes provisions of establishing a “due diligence” defensethis Section 10.23. For purposes of this SectionSection 10.23, “Information” means all information received from any Credit Party by the Administrative Agent or any Subsidiary thereof Lender, as the case may be, from the Borrower or any of its Subsidiaries relating to any Credit Party the Borrower or any Subsidiary thereof of its Subsidiaries or any of their respective businessesbusinesses (including any target company and its Subsidiaries in connection with contemplated or consummated Acquisition or other investment), other than any such information that is available to the Administrative Agent, Agent or any Lender or any Issuing Lender on a nonconfidential basis prior to disclosure by any Credit Party or any Subsidiary thereof other than as a result of a breach of this Section 12.10. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at the time of delivery thereof, any information received from the Borrower or any Subsidiary after the date hereof shall be deemed confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10its Subsidiaries. Any failure by any Person required to maintain the confidentiality of the Administrative Agent, the Issuing Lenders or the Lenders to give any such notice to the Borrower described Information as provided in this Section 12.10 10.23 shall not result in any liability on be considered to have complied with its obligation to do so if such Person has exercised the part same degree of care to maintain the confidentiality of such Information as such Person would accord to its own confidential information. Notwithstanding the foregoing, the Administrative Agent, Agent and the Issuing Lenders or the Lendersagree not to disclose any Information to a Prohibited Lender.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders and the Issuing Lenders Credit Parties agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates attorneys for and other advisors, accountants, auditors, and consultants to its Related Parties such Credit Party on a “need to know basis (it being understood know” basis, provided that the Persons any such Person shall have agreed to whom such disclosure is made will be informed of the confidential nature of receive such Information and instructed subject to keep such Information confidential on substantially the same terms as provided herein)of this Section 10.07, (b) upon to Affiliates of such Credit Party, provided that any such Affiliate shall have agreed to receive such Information subject to the request terms of this Section 10.07, (c) to the extent required or demand of requested by any regulatory authority purporting to have jurisdiction over such Person Credit Party or any of its Affiliates Related Parties (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (in which case the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, except with respect to any audit or examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrower, in advance, to the extent practicable and lawfully permitted to do so), (c) to the extent required by Applicable Laws pursuant to a subpoena or an order of any court or administrative agency or in any pending legal or administrative proceeding or process (in which case, the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, to the extent permitted by Applicable Law, inform the Borrower promptly in advance thereof so the Borrower may seek a protective order or take other appropriate action), (d) as may be required by statute, judicial or administrative order, rule or regulation, provided that prior to any other such disclosure under this clause (d), to the extent that the disclosing party heretomay do so under applicable law, the disclosing party agrees to provide the Borrower with notice thereof and, if requested by the Borrower, such disclosing party agrees to cooperate with the Borrower, at the Borrower’s sole expense, in obtaining a protective order to limit or restrict such disclosure, (e) as may be agreed to in advance by the Borrower, (f) as requested or required by any governmental authority pursuant to subpoena or other legal process, provided that prior to any disclosure pursuant to this clause (f) the disclosing party agrees to provide the Borrower with prior notice thereof, (g) as to any Information that is or becomes generally available to the public (other than as a result of prohibited disclosure by a Credit Party), (h) in connection with the syndication of the Loans or any proposed assignment or grant of a participation therein, provided that any such proposed Lender, assignee or participant shall have agreed in writing to receive such information subject to this Section 10.07 (except to the extent any such Person is a Disqualified Institution) and (i) as may be necessary in connection with the exercise of any remedies under this Agreement, hereunder or under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, Agreement or any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, (f) subject to an agreement containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights and obligations under this Agreement, (ii) any actual or prospective party (or its Related Parties) to any swap, derivative or other transaction under which payments are to be made by reference to the Borrower and its obligations, this Agreement or payments hereunder, (iii) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fund, (g) on a confidential basis to (i) any Rating Agency solely to the extent required in connection with rating the Borrower or its Restricted Subsidiaries or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility, (h) with the prior written consent of the Borrower, (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (j) to the extent such Information (i) becomes publicly available other than as a result of a breach of this Section or (ii) becomes available to the Administrative Agent, any Lender, any Issuing Lender or any of their respective Affiliates from a third party that is not, to such Person’s knowledge, subject to confidentiality obligations to the Borrower, (k) to the extent that such information is independently developed by the Administrative Agent, the applicable Lender or the applicable Issuing Lender or (l) for purposes of establishing a “due diligence” defense. For purposes of this Section, “Information” means all information received from any Credit Party or any Subsidiary thereof relating to any Credit Party or any Subsidiary thereof or any of their respective businesses, other than any such information that is available to the Administrative Agent, any Lender or any Issuing Lender prior to disclosure by any Credit Party or any Subsidiary thereof other than as a result of a breach of this Section 12.10. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at the time of delivery thereof, any information received from the Borrower or any Subsidiary after the date hereof shall be deemed confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10. Any failure by any of the Administrative Agent, the Issuing Lenders or the Lenders to give any such notice to the Borrower described in this Section 12.10 shall not result in any liability on the part of the Administrative Agent, the Issuing Lenders or the Lenders.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders Agent and the Issuing Lenders agrees to maintain the confidentiality of of, and not disclose, the Information (as defined below), except that Information may be disclosed (a) to its Affiliates and to its Related Parties on a and its Affiliates’ respective partners, directors, officers, employees, agents, advisors and representatives who need to know basis such Information in connection with this Agreement (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed will be subject to keep customary confidentiality obligations of professional practice or agree to be bound by the terms of this Section (or language substantially similar to this Section) with the disclosing party responsible for such Information confidential on substantially the same terms as provided hereinperson’s compliance with this Section), (b) upon to the request or demand of extent requested by any regulatory authority purporting to have jurisdiction over such Person or any of its Affiliates it (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (), in which case the Administrative Agentdisclosing party agrees, to the applicable Lender extent permitted by law, rule or regulation and reasonably practicable, to inform the applicable Issuing Lender shallBorrower, except with respect to any customary audit or customary examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, in advance thereof, (c) to the extent required by applicable laws or regulations or by any subpoena or similar legal process; provided that the Person required to disclose such information shall take reasonable efforts (at the Borrower’s expense) to ensure that any Information so disclosed shall be afforded confidential treatment, to the extent permitted by law, rule or regulation and reasonably practicable, to inform the Borrower, except with respect to any customary audit or customary examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrower, in advance, to the extent practicable and lawfully permitted to do so), (c) to the extent required by Applicable Laws pursuant to a subpoena or an order of any court or administrative agency or in any pending legal or administrative proceeding or process (in which case, the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, to the extent permitted by Applicable Law, inform the Borrower promptly in advance thereof so the Borrower may seek a protective order or take other appropriate action)thereof, (d) to any other party hereto, (e) in connection with the exercise of any remedies under this Agreement, hereunder or under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, Agreement or any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, (f) subject to such Person agreeing to be subject to the provisions of this Section 10.07 or an agreement containing provisions substantially the same at least as restrictive as those of this SectionSection 10.07, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights and or obligations under this Agreement, Agreement or (ii) any actual or prospective party counterparty (or its Related Partiesadvisors) to any swap, swap or derivative or other transaction under which payments are to be made by reference to the Borrower and its obligations, this Agreement or payments hereunder, (iiig) with the consent of the Borrower, (h) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent any rating agency when required by it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fund, (g) on a confidential basis to (i) any Rating Agency solely to the extent required in connection with rating the Borrower or its Restricted Subsidiaries the credit facility provided hereunder; provided, that prior to any disclosure, such rating agency shall undertake in writing to preserve the confidentiality of any Information received by it from the Administrative Agent or the Credit Facility or any Lender, (iii) on a confidential basis to the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility, (h) with the prior written consent of the Borrower, (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, Loans or (j) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section or (iiy) becomes available to the Administrative Agent, any Lender, any Issuing Lender or any of their respective Affiliates from a third party that is not, to such Person’s knowledge, subject to confidentiality obligations to the Borrower, (k) to the extent that such information is independently developed by the Administrative Agent, the applicable Lender or the applicable Issuing Lender or (l) for purposes of establishing a “due diligence” defense. For purposes of this Section, “Information” means all information received from any Credit Party or any Subsidiary thereof relating to any Credit Party or any Subsidiary thereof or any of their respective businesses, other than any such information that is available to the Administrative Agent, any Lender or any Issuing Lender prior to disclosure by any Credit Party or any Subsidiary thereof of their respective Affiliates on a nonconfidential basis from a source other than as a result of a breach of this Section 12.10. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at who is not, to the time of delivery thereof, any information received from the Borrower or any Subsidiary after the date hereof shall be deemed confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10. Any failure by any knowledge of the Administrative AgentAgent or such Lender, the Issuing Lenders or the Lenders to give any such notice under an obligation of confidentiality to the Borrower described in this Section 12.10 shall not result in any liability on the part of the Administrative Agent, the Issuing Lenders or the Lenderswith respect to such Information.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders Agent and the Issuing Lenders agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates Affiliates, its auditors and to its Related Parties on a need to know basis (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential on substantially and the same terms as provided hereinAdministrative Agent or such Lender will be responsible for any the non-compliance with this Section 10.07 of such a Person which it controls), (b) upon to the request extent required or demand of requested by any regulatory authority purporting to have jurisdiction over such Person or any of its Affiliates Related Parties (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (in which case the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, except with respect to any audit or examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrower, in advanceand such Person agrees, to the extent not prohibited by applicable law, to inform the Borrower promptly thereof prior to disclosure or, if not practicable prior to disclosure and lawfully permitted not prohibited by law, to do so)inform the Borrower promptly after disclosure, (c) to the extent required by Applicable Laws pursuant to a or regulations or by any subpoena or an order of any court or administrative agency or in any pending similar legal or administrative proceeding or process (in which case, the Administrative Agent, the applicable Lender or the applicable Issuing Lender shalland such Person agrees, to the extent permitted not prohibited by Applicable Lawapplicable law, to inform the Borrower promptly in advance thereof so the Borrower may seek a protective order or take other appropriate action)prior to disclosure or, if not practicable prior to disclosure and not prohibited by law, promptly after disclosure, (d) to any other party hereto, (e) in connection with the exercise of any remedies under this Agreement, hereunder or under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, Agreement or any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, (f) subject to an agreement containing provisions substantially the same as those of this SectionSection 10.07, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights and obligations under this Agreement, Agreement or (ii) any actual or prospective party (or its Related Parties) to any swap, derivative or other transaction under which payments are to be made by reference to the Borrower and its obligations, this Agreement or payments hereunder, (iii) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fund, (g) on a confidential basis to (i) any Rating Agency solely to the extent required rating agency in connection with rating the Borrower or its Restricted Subsidiaries or the Credit Facility credit facilities provided hereunder or (ii) the CUSIP Service Bureau or any similar agency solely in connection with the issuance application, issuance, publishing and monitoring of CUSIP numbers or other market identifiers with respect to the Credit Facilitycredit facilities provided hereunder, (h) with the prior written consent of the Borrower, Borrower or (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (j) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section or 10.07, (iiy) becomes available to the Administrative Agent, any Lender, any Issuing Lender or any of their respective Affiliates on a nonconfidential basis from a third source other than the Borrower or (z) is independently discovered or developed by a party that is nothereto without utilizing any Information received from the Borrower or violating the terms of this Section 10.07. In addition, the Administrative Agent and the Lenders may disclose the existence of this Agreement and information about this Agreement to such Person’s knowledgemarket data collectors, subject to confidentiality obligations similar service providers to the Borrower, (k) lending industry and service providers to the extent that such information is independently developed by Agents and the Administrative AgentLenders in connection with the administration of this Agreement, the applicable Lender or other Loan Documents, and the applicable Issuing Lender or (l) for purposes of establishing a “due diligence” defenseCommitments. For purposes of this SectionSection 10.07, “Information” means all information received from any Credit Party the Borrower or any Subsidiary thereof relating to any Credit Party the Borrower or any Subsidiary thereof or any of their respective businesses, other than any such information that is available to the Administrative Agent, any Lender or any Issuing Lender on a nonconfidential basis prior to disclosure by any Credit Party the Borrower or any Subsidiary thereof other than as a result Subsidiary, provided that, in the case of a breach of this Section 12.10. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at the time of delivery thereof, any information received from the Borrower or any Subsidiary after the date hereof hereof, such information is clearly identified at the time of delivery as confidential. Any Person required to maintain the confidentiality of Information as provided in this Section 10.07 shall be deemed considered to have complied with its obligation to do so if such Person has exercised the same degree of care to maintain the confidentiality of such Information as such Person would accord to its own confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10information. Any failure by any Each of the Administrative Agent, the Issuing Lenders or acknowledges that (a) the Lenders to give any such notice to Information may include material non-public information concerning the Borrower described or a Subsidiary, as the case may be, (b) it has developed compliance procedures regarding the use of material non-public information and (c) it will handle such material non-public information in this Section 12.10 shall not result in any liability on the part of the Administrative Agentaccordance with Applicable Law, the Issuing Lenders or the Lendersincluding United States Federal and state securities Laws.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders and the Issuing Lenders agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) The Borrower acknowledges that from time to time financial advisory, investment banking and other services may be offered or provided to the Borrower or one or more of its Affiliates Subsidiaries (in connection with this Agreement or otherwise) by any Lender, or by one or more Subsidiaries or affiliates of such Lender and the Borrower hereby authorizes each Lender to share any information delivered to such Lender by the Borrower and its Related Parties on a need Subsidiaries pursuant to know basis (this Agreement, or in connection with the decision of such Lender to enter into this Agreement, to any such Subsidiary or affiliate, it being understood that any such Subsidiary or affiliate receiving such information shall be bound by the Persons to whom such disclosure is made will be informed provisions of the confidential nature of such Information and instructed to keep such Information confidential on substantially the same terms as provided herein), clause (b) upon below as if it were a Lender hereunder. Such authorization shall survive the request repayment of the 110 Loans, the expiration of the Letters of Credit and the termination of the Commitments. (b) Each Lender and the Agent agrees (on behalf of itself and each of its affiliates, directors, officers, employees and representatives) to use reasonable precautions to keep confidential, in accordance with their customary procedures for handling confidential information of the same nature and in accordance with safe and sound banking practices, any non-public information supplied to it by the Borrower pursuant to this Agreement that is identified by the Borrower as being confidential at the time the same is delivered to the Lenders or demand the Agent, provided that nothing herein shall limit the disclosure of any regulatory authority purporting to have jurisdiction over such Person or any of its Affiliates information (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (in which case the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, except with respect to any audit or examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrower, in advance, to the extent practicable and lawfully permitted to do so), (ci) to the extent required by Applicable Laws pursuant to a subpoena statute, rule, regulation or an order of any court or administrative agency or in any pending legal or administrative proceeding or process (in which case, the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, to the extent permitted by Applicable Law, inform the Borrower promptly in advance thereof so the Borrower may seek a protective order or take other appropriate action), (d) to any other party hereto, (e) in connection with the exercise of any remedies under this Agreement, under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, (f) subject to an agreement containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights and obligations under this Agreementjudicial process, (ii) to counsel for any actual of the Lenders or prospective party (or its Related Parties) to any swap, derivative or other transaction under which payments are to be made by reference to the Borrower and its obligations, this Agreement or payments hereunderAgent, (iii) to an investor bank examiners or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fundother regulatory authorities, auditors or accountants, (iv) to a trusteethe Agent or any other Lender, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund (v) in connection with any litigation to which any one or more of the administrationLenders or the Agent is a party, servicing and reporting on the assets serving as collateral for an Approved Fund or (vvi) to a Rating Agency solely to the extent it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents subsidiary or affiliate of such Lender as provided in connection with ratings issued with respect to an Approved Fund, clause (ga) on a confidential basis to (i) any Rating Agency solely to the extent required in connection with rating the Borrower or its Restricted Subsidiaries or the Credit Facility above or (ii) the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility, (h) with the prior written consent of the Borrower, (ivii) to Gold Sheets any assignee or participant (or prospective assignee or participant), and other similar bank trade publications, such information to consist of deal terms and other information customarily found provided further that in such publications, (j) to the extent such Information (i) becomes publicly available other than as a result of a breach of this Section or (ii) becomes available to the Administrative Agent, no event shall any Lender, any Issuing Lender or any of their respective Affiliates from a third party that is not, to such Person’s knowledge, subject to confidentiality obligations to the Borrower, (k) to the extent that such information is independently developed by the Administrative Agent, the applicable Lender or the applicable Issuing Lender Agent be obligated or (l) for purposes of establishing a “due diligence” defense. For purposes of this Section, “Information” means all information received from required to return any Credit Party or any Subsidiary thereof relating to any Credit Party or any Subsidiary thereof or any of their respective businesses, other than any such information that is available to the Administrative Agent, any Lender or any Issuing Lender prior to disclosure by any Credit Party or any Subsidiary thereof other than as a result of a breach of this Section 12.10. The parties hereto hereby agree that unless otherwise clearly identified materials furnished by the Borrower at the time of delivery thereof, any information received from the Borrower or any Subsidiary after the date hereof shall be deemed confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10. Any failure by any of the Administrative Agent, the Issuing Lenders or the Lenders to give any such notice to the Borrower described in this Section 12.10 shall not result in any liability on the part of the Administrative Agent, the Issuing Lenders or the LendersBorrower.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders and the Issuing Lenders L/C Issuer agrees to maintain the confidentiality of of, and not disclose, the Information (as defined below), except that Information may be disclosed (a) to its Affiliates and to its Related Parties on a and its Affiliates’ respective partners, directors, officers, employees, agents, advisors and representatives who need to know basis such Information in connection with this Agreement (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed will be subject to keep customary confidentiality obligations of professional practice or agree to be bound by the terms of this Section (or language substantially similar to this Section) with the disclosing party responsible for such Information confidential on substantially the same terms as provided hereinperson’s compliance with this Section), (b) upon to the request or demand of extent requested by any regulatory authority purporting to have jurisdiction over such Person or any of its Affiliates it (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (), in which case the Administrative Agentdisclosing party agrees, to the applicable Lender extent permitted by law, rule or regulation and reasonably practicable, to inform the applicable Issuing Lender shallBorrower, except with respect to any customary audit or customary examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, in advance thereof, (c) to the extent required by applicable laws or regulations or by any subpoena or similar legal process; provided that the Person required to disclose such information shall take reasonable efforts (at the Borrower’s expense) to ensure that any Information so disclosed shall be afforded confidential treatment, to the extent permitted by law, rule or regulation and reasonably practicable, to inform the Borrower, except with respect to any customary audit or customary examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrower, in advance, to the extent practicable and lawfully permitted to do so), (c) to the extent required by Applicable Laws pursuant to a subpoena or an order of any court or administrative agency or in any pending legal or administrative proceeding or process (in which case, the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, to the extent permitted by Applicable Law, inform the Borrower promptly in advance thereof so the Borrower may seek a protective order or take other appropriate action)thereof, (d) to any other party hereto, (e) in connection with the exercise of any remedies under this Agreement, hereunder or under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, Agreement or any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, (f) subject to such Person agreeing to be subject to the provisions of this Section 10.07 or an agreement containing provisions substantially the same at least as restrictive as those of this SectionSection 10.07, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights and or obligations under this Agreement, Agreement or (ii) any actual or prospective party counterparty (or its Related Partiesadvisors) to any swap, swap or derivative or other transaction under which payments are to be made by reference to the Borrower and its obligations, this Agreement or payments hereunder, (iiig) with the consent of the Borrower, (h) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent any rating agency when required by it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fund, (g) on a confidential basis to (i) any Rating Agency solely to the extent required in connection with rating the Borrower or its Restricted Subsidiaries the credit facility provided hereunder, provided, that prior to any disclosure, such rating agency shall undertake in writing to preserve the confidentiality of any Information received by it from the Administrative Agent, the L/C Issuer or the Credit Facility or any Lender, (iii) on a confidential basis to the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility, (h) with the prior written consent of the Borrower, (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, Loans or (j) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section or (iiy) becomes available to the Administrative Agent, any Lender, any Issuing Lender the L/C Issuer or any of their respective Affiliates on a nonconfidential basis from a third party that source other than the Borrower who is not, to such Person’s knowledge, subject to confidentiality obligations to the Borrower, (k) to the extent that such information is independently developed by the Administrative Agent, the applicable Lender or the applicable Issuing Lender or (l) for purposes of establishing a “due diligence” defense. For purposes of this Section, “Information” means all information received from any Credit Party or any Subsidiary thereof relating to any Credit Party or any Subsidiary thereof or any of their respective businesses, other than any such information that is available to the Administrative Agent, any Lender or any Issuing Lender prior to disclosure by any Credit Party or any Subsidiary thereof other than as a result of a breach of this Section 12.10. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at the time of delivery thereof, any information received from the Borrower or any Subsidiary after the date hereof shall be deemed confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10. Any failure by any knowledge of the Administrative Agent, the Issuing Lenders L/C Issuer or the Lenders to give any such notice Lender, under an obligation of confidentiality to the Borrower described in this Section 12.10 shall not result in any liability on the part of the Administrative Agent, the Issuing Lenders or the Lenderswith respect to such Information.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders and the Issuing Lenders agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) on a need to know basis to its Affiliates and to its and its Related Parties on a need to know basis (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential on substantially the same terms as provided hereinconfidential), (b) upon to the request extent required or demand of requested by, or required to be disclosed to, any regulatory or similar authority purporting to have jurisdiction over such Person or any of its Affiliates Related Parties (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (), in which case the Administrative Agent, Agent and the applicable Lender or the applicable Issuing Lender shall, except with respect to any audit or examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrower, in advance, Lenders agree to the extent practicable and lawfully permitted not prohibited by applicable law, rule, regulation or order to do so)inform the Borrower promptly of the disclosure thereof, (c) as to the extent required by Applicable Laws pursuant to a subpoena or an order of any court or administrative agency regulations or in any pending legal legal, judicial, administrative or administrative proceeding or process (other compulsory proceeds, in which case, case the Administrative Agent, Agent and the applicable Lender or the applicable Issuing Lender shall, Lenders agree to the extent permitted not prohibited by Applicable Lawapplicable law, rule, regulation or order to inform the Borrower promptly in advance thereof so of the Borrower may seek a protective order or take other appropriate action)disclosure thereof, (d) to any other party hereto, (e) in connection with the exercise of any remedies under this Agreement, under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, (f) subject to an agreement containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights and obligations under this Agreement, (ii) any actual or prospective party (or its Related Parties) to any swap, derivative or other transaction under which payments are to be made by reference to the Borrower and its obligations, this Agreement or payments hereunder, (iii) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund Fund, or (v) to a Rating Agency solely to the extent it nationally recognized rating agency that requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fund, (g) on a confidential basis to (i) any Rating Agency solely to the extent required rating agency in connection with rating the Borrower or its Restricted Subsidiaries or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility, (h) with the prior written consent of the Borrower, (i) to Gold Sheets and other similar bank trade publications, such information to consist solely of deal terms and other information customarily found in such publications, (j) to the extent such Information (i) becomes publicly available other than as a result of a breach of this Section or (ii) becomes available to the Administrative Agent, any Lender, any Issuing Lender or any of their respective Affiliates from a third party that is not, to such Person’s knowledge, subject to confidentiality obligations to the Borrower, (k) to governmental regulatory authorities in connection with any regulatory examination of the Administrative Agent or any Lender or in accordance with the Administrative Agent’s or any Lender’s regulatory compliance policy if the Administrative Agent or such Lender deems necessary for the mitigation of claims by those authorities against the Administrative Agent or such Lender or any of its subsidiaries or affiliates, (l) to the extent that such information is independently developed by the Administrative Agentsuch Commitment Party, the applicable Lender or the applicable Issuing Lender or (lm) for purposes of establishing a “due diligence” defense. For purposes of this Section, “Information” means all information received from any Credit Party or any Subsidiary thereof relating to any Credit Party or any Subsidiary thereof or any of their respective businesses, other than any such information that is available to the Administrative Agent, any Lender or any Issuing Lender on a nonconfidential basis prior to disclosure by any Credit Party or any Subsidiary thereof; provided that, in the case of information received from a Credit Party or any Subsidiary thereof other than as a result of a breach of this Section 12.10. The parties hereto hereby agree that unless otherwise after the date hereof, such information is clearly identified by the Borrower at the time of delivery thereof, any information received from the Borrower or any Subsidiary after the date hereof shall be deemed confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10confidential. Any failure by any Person required to maintain the confidentiality of the Administrative Agent, the Issuing Lenders or the Lenders to give any such notice to the Borrower described Information as provided in this Section 12.10 shall not result in any liability on be considered to have complied with its obligation to do so if such Person has exercised the part same degree of care to maintain the Administrative Agent, the Issuing Lenders or the Lendersconfidentiality of such Information as such Person would accord to its own confidential information.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders and the Issuing Lenders L/C Issuers agrees to maintain the confidentiality of of, and not disclose to any Person, the Information (as defined below), except that Information may be disclosed (a) to its Affiliates and to its Related Parties on a who need to know basis such Information in connection with the transactions contemplated hereby (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed are subject to keep such customary confidentiality obligations of professional practice or agree to treat the Information confidential on substantially the same terms as provided hereinconfidential), (b) upon to the request extent required or demand of requested by any regulatory authority purporting to have jurisdiction over such Person or any of its Affiliates Related Parties (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (), in which case the Administrative Agent, the applicable Lender or the applicable Issuing Lender shallsuch Person shall use commercially reasonable efforts to, except with respect to any audit or examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrower, in advanceBorrowers, to the extent practicable and lawfully permitted to do so), (c) to the extent required by Applicable Laws pursuant to a applicable laws or regulations or by any subpoena or an order of any court or administrative agency or in any pending similar legal or administrative proceeding or process (process, in which casecase such Person shall use commercially reasonable efforts to, except with respect to any audit or examination conducted by bank accountants or any governmental regulatory authority exercising examination or regulatory authority, promptly notify the Administrative Agent, the applicable Lender or the applicable Issuing Lender shallBorrowers, to the extent practicable and lawfully permitted by Applicable Law, inform the Borrower promptly in advance thereof so the Borrower may seek a protective order or take other appropriate action)to do so, (d) to any other party hereto, (e) in connection with the exercise of any remedies under this Agreement, hereunder or under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, Agreement or any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, (f) subject to an agreement containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights and obligations under this Agreement, Agreement or any Eligible Assignee invited to be a Lender pursuant to Section 2.13 or (ii) any actual or prospective party (or its Related Parties) to any swap, derivative or other transaction under which payments are to be made by reference to the Borrower Borrowers and its their obligations, this Agreement or payments hereunder, (iii) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fund, (g) on a confidential basis to (i) any Rating Agency solely to the extent required in connection with rating the Borrower or its Restricted Subsidiaries or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring of CUSIP numbers of other market identifiers with respect to the Credit Facilitycredit facilities provided hereunder, (h) with the prior written consent of the Borrower, Borrowers or (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (j) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section or (ii) becomes available to the Administrative Agent, any Lender, any Issuing Lender L/C Issuer or any of their respective Affiliates on a nonconfidential basis from a third party source other than the Borrowers that is not, to such Person’s knowledge, subject to in breach of contractual or fiduciary confidentiality obligations owing to the Borrower, (k) to the extent that such information is independently developed by the Administrative Agent, the applicable Lender Company or the applicable Issuing Lender or (l) for purposes any of establishing a “due diligence” defenseits Subsidiaries. For purposes of this Section, “Information” means shall mean all information received from any Credit Party the Company or any Subsidiary thereof relating to any Credit Party the Company or any Subsidiary thereof or any of their respective businesses, other than any such information that is available to the Administrative Agent, any Lender or any Issuing Lender L/C Issuer on a nonconfidential basis prior to disclosure by any Credit Party the Company or any Subsidiary thereof other than as a result of a breach of this Section 12.10Subsidiary. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at the time of delivery thereof, any information received from the Borrower or any Subsidiary after the date hereof shall be deemed confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10. Any failure by any Each of the Administrative Agent, the Issuing Lenders and the L/C Issuers acknowledges that (a) the Information may include material non-public information concerning the Company or a Subsidiary, as the Lenders to give any case may be, (b) it has developed compliance procedures regarding the use of material non-public information and (c) it will handle such notice to the Borrower described material non-public information in this Section 12.10 shall not result in any liability on the part of the Administrative Agentaccordance with applicable Law, the Issuing Lenders or the Lendersincluding United States Federal and state securities Laws.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders and the Issuing Lenders L/C Issuer agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates and to its Related Parties and its Affiliates’ respective partners, directors, officers, employees, agents, advisors and other representatives on a “need to know basis basis” (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential on substantially confidential) solely in connection with the same terms transactions contemplated or permitted hereby; provided that the Administrative Agent, the Lenders or the L/C Issuer, as provided herein)the case may be, shall be responsible for its Affiliates’ compliance with this clause, (b) upon to the request or demand of extent requested by any regulatory authority purporting to have jurisdiction over such Person or any of its Affiliates it (including any self-regulatory self‑regulatory authority, such as the National Association of Insurance CommissionersCommissioners or any similar organization) (or any nationally recognized rating agency that requires access to information about a Lender’s investment portfolio in which case the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, except connection with ratings issued with respect to such Lender (provided that, prior to any audit or examination conducted by bank accountants or such disclosure, such rating agency shall undertake in writing to preserve the confidentiality of any governmental bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrower, in advance, confidential Information relating to the extent practicable and lawfully permitted to do soLoan Parties), (c) to the extent required by Applicable Laws pursuant to a or regulations or by any subpoena or an order similar legal process; provided that, unless specifically prohibited by Applicable Law or court order, each Lender and the Administrative Agent shall promptly notify the Borrower in advance of any court or administrative agency or in any pending legal or administrative proceeding or process (in which case, the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, to the extent permitted by Applicable Law, inform the Borrower promptly in advance thereof so the Borrower may seek a protective order or take other appropriate action)such disclosure, (d) to any other party hereto, (e) in connection with the exercise of any remedies under this Agreement, hereunder or under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, Agreement or any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, (f) subject to an agreement containing provisions substantially the same as those of this SectionSection 10.23, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights and or obligations under this Agreement, Agreement or (ii) any actual or prospective party counterparty (or its Related Partiesadvisors) to any swap, derivative or other transaction under which payments are to be made by reference Hedge Agreement relating to the Borrower and its obligations, this Agreement or payments hereunder, (iii) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fund, (g) on a confidential basis to (i) any Rating Agency solely to the extent required in connection with rating the Borrower or its Restricted Subsidiaries or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility, (h) with the prior written consent of the Borrower, (h) in customary disclosure about the terms of the financing contemplated hereby in the ordinary course of business to market data collectors and similar service providers to the loan industry for league table purposes or (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (j) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section 10.23 or (iiy) becomes available to the Administrative Agent, any Lender, any Issuing Lender or any of their respective Affiliates on a nonconfidential basis from a third party that is not, to such Person’s knowledge, subject to confidentiality obligations to source other than the Borrower, Borrower (k) except to the extent that such information is independently developed by Information was available to the Administrative Agent, the applicable any Lender or any of their Affiliates as a result of Administrative Agent’s, any Lender’s or their Affiliates’ ownership interests in the applicable Issuing Lender Business or (l) for purposes of establishing a “due diligence” defensethe Borrower). For purposes of this SectionSection 10.23, “Information” means all information received by the Administrative Agent, any Lender or the L/C Issuer, as the case may be, from any Credit Party the Borrower or any Subsidiary thereof of its Subsidiaries relating to any Credit Party the Borrower or any Subsidiary thereof of its Subsidiaries or any of their respective businessesbusinesses (including any target company and its Subsidiaries in connection with contemplated or consummated Acquisition or other investment), other than any such information that is available to the Administrative Agent, Agent or any Lender or any Issuing Lender on a nonconfidential basis prior to disclosure by any Credit Party or any Subsidiary thereof other than as a result of a breach of this Section 12.10. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at the time of delivery thereof, any information received from the Borrower or any Subsidiary after of its Subsidiaries. Any Person required to maintain the date hereof confidentiality of Information as provided in this Section shall be deemed considered to have complied with its obligation to do so if such Person has exercised the same degree of care to maintain the confidentiality of such Information as such Person would accord to its own confidential unless information. Notwithstanding the foregoing, the Administrative Agent and the Lenders agree not to disclose any Information to a (i) Prohibited Lender or (ii) any of their respective Affiliates or any of their and their Affiliates’ officers, directors or employees that (x) are engaged as principles primarily in private equity or venture capital on a proprietary basis (other than, in each case, such information shall already be publicly available other than as a result of a breach of this Section 12.10. Any failure Affiliates engaged by the Borrower with respect to the Transactions or any debt fund affiliates or any advisors thereto) or (y) to the knowledge of the Administrative Agent, the Issuing Lenders or the Lenders to give L/C Issuer, as the case may be, are engaged in businesses competing with the Borrower (including any such notice Affiliate which has been previously identified in writing to the Borrower described Joint Lead Arrangers as such); provided that nothing contained in this Section 12.10 10.23 shall not result in prohibit the disclosure of such Information to any liability on the part officers, directors or employees of any Affiliate of the Administrative Agent, the Issuing Lenders or the LendersL/C Issuer, as the case may be, who reasonably need to know such Information for purposes of evaluating, negotiating, enforcing or consummating any of the transactions contemplated hereby, so long as, such Information is used solely for such purposes.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders and the Issuing Lenders L/C Issuer agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates and to its Related Parties on a need to know basis and its Affiliates’ respective partners, directors, officers, employees, agents, trustees, advisors and representatives (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential on substantially the same terms as provided hereinconfidential), (b) upon to the request or demand of extent requested by any regulatory authority purporting to have jurisdiction over such Person or any of its Affiliates it (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (in which case the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, except with respect to any audit or examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrower, in advance, to the extent practicable and lawfully permitted to do so), (c) to the extent required by Applicable Laws pursuant to a applicable laws or regulations or by any subpoena or an order of any court or administrative agency or in any pending similar legal or administrative proceeding or process (in which caseprocess, provided that the Administrative Agent, the applicable such Lender or the L/C Issuer, as the case may be, shall, at the sole cost and expense of the Company, request confidential treatment of such Confidential Information to the extent practicable and permitted by applicable Issuing law and the Administrative Agent, such Lender or the L/C Issuer, as the case may be, shall, to the extent permitted by Applicable Lawapplicable law, promptly inform the Borrower promptly in advance thereof Company with respect thereto so that the Borrower Company may seek appropriate protective relief to the extent permitted by applicable law, provided, further, that in the event such protective remedy or other remedy is not obtained, the Administrative Agent, such Lender or the L/C Issuer, as the case may be, shall furnish only that portion of the Confidential Information that is legally required and shall disclose the Confidential Information in a manner reasonably designed to preserve its confidential nature and shall, at the sole cost and expense of the Company, cooperate with the Company’s counsel to enable the Company to attempt to obtain a protective order or take other appropriate action)reliable assurance that confidential treatment will be accorded to the Information, (d) to any other party hereto, (e) in connection with the exercise of any remedies under this Agreement, hereunder or under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, Agreement or any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, (f) subject to an agreement containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights and or obligations under this Agreement, Agreement or any Eligible Assignee invited to be a Lender pursuant to Section 2.16 or (ii) any actual or prospective party counterparty (or its Related Partiesadvisors) to any swap, swap or derivative or other transaction under which payments are relating to be made by reference to the a Borrower and its obligations, this Agreement or payments hereunder, (iii) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fund, (g) on a confidential basis to (i) any Rating Agency solely to the extent required in connection with rating the Borrower or its Restricted Subsidiaries or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility, (h) with the prior written consent of the Borrower, Company or (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (jh) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section or (iiy) becomes available to the Administrative Agent, any Lender, any Issuing Lender the L/C Issuer or any of their respective Affiliates on a nonconfidential basis from a third party that is notsource other than the Company, which source, to such Person’s knowledge, subject to confidentiality obligations to the Borrower, (k) to the extent that such information is independently developed by actual knowledge of the Administrative Agent, the applicable such Lender or the applicable Issuing L/C Issuer, as the case may be, is not prohibited from disclosing such Information to such Person by a contractual, legal or fiduciary obligation to the Company, the Administrative Agent, any Lender or (l) for purposes of establishing a “due diligence” defensethe L/C Issuer. For purposes of this Section, “Information” means all information received from any Credit Party the Company or any Subsidiary thereof relating to any Credit Party the Company or any Subsidiary thereof or any of their respective businesses, other than any such information that is available to the Administrative Agent, any Lender or any Issuing Lender the L/C Issuer on a nonconfidential basis prior to disclosure by any Credit Party the Company or any Subsidiary thereof other than Subsidiary. Any Person required to maintain the confidentiality of Information as a result of a breach of provided in this Section 12.10. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at the time of delivery thereof, any information received from the Borrower or any Subsidiary after the date hereof shall be deemed considered to have complied with its obligation to do so if such Person has exercised the same degree of care to maintain the confidentiality of such Information as such Person would accord to its own confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10information. Any failure by any Each of the Administrative Agent, the Issuing Lenders and the L/C Issuer acknowledges that (a) the Information may include material non-public information concerning the Company or a Subsidiary, as the Lenders to give any case may be, (b) it has developed compliance procedures regarding the use of material non-public information and (c) it will handle such notice to the Borrower described material non-public information in this Section 12.10 shall not result in any liability on the part of the Administrative Agentaccordance with applicable Law, the Issuing Lenders or the Lendersincluding United States Federal and state securities Laws.

Treatment of Certain Information; Confidentiality. Each The Lender agrees to keep confidential all financial statements, reports and other non-public information provided to it pursuant to this Guaranty or otherwise; provided that nothing herein shall prevent the Lender from disclosing any such information (i) to any Affiliates or Subsidiaries of the Administrative Agent, the Lenders and the Issuing Lenders agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates and to its Related Parties on Lender with a need to know basis in connection with the Loan Documents (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information information and instructed to keep such Information confidential on substantially the same terms as provided hereininformation confidential), (bii) to any actual or prospective assignee or participant which has been informed of the confidential nature of such information and has signed and delivered to the Guarantor a confidentiality and non-disclosure agreement in form and substance satisfactory to the Guarantor agreeing in writing to treat such information as confidential in accordance with the terms of the Loan Documents; provided that no such information shall knowingly be provided by the Lender to any competitor of the Guarantor or any Affiliate of such competitor, (iii) to the Lender’s employees, directors, agents, attorneys, accountants, auditors and other professional advisors or those of any of its Affiliates or Subsidiaries with a need to know in connection with the Loan Documents (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such information and instructed to keep such information confidential), (iv) upon the request or demand of any regulatory authority purporting Governmental Authority after providing notice to have jurisdiction over the Guarantor of any such Person request provided that the giving of such notice is not prohibited by such Governmental Authority or any of its Affiliates Applicable Law, (including any self-regulatory authority, such as the National Association of Insurance Commissionersv) (in which case the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, except with respect response to any audit or examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrower, in advance, to the extent practicable and lawfully permitted to do so), (c) to the extent required by Applicable Laws pursuant to a subpoena or an order of any court or administrative agency other Governmental Authority or as may otherwise be required pursuant to any requirement of law, in any pending legal or administrative proceeding or process (in which case, the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, each case after providing notice to the extent permitted Guarantor of such request, provided that the giving of such notice is not prohibited by such court or other Governmental Authority or Applicable Law, inform (vi) if requested or required to do so in connection with any litigation or similar proceeding after providing notice to the Guarantor of any such request provided that the giving of such notice is not prohibited by order of court or Applicable Law, (vii) that has been publicly disclosed by the Borrower promptly in advance thereof so or the Borrower may seek a protective order or take other appropriate action)Guarantor, (d) to any other party hereto, (eviii) in connection with the exercise of any remedies remedy under this AgreementGuaranty, under (ix) upon request, to bank examiners (or any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreementregulatory authority having jurisdiction over the Lender), or any action or proceeding relating (x) if the disclosure of such information has been authorized by the Guarantor in a separate writing. The parties agree that none of the information required to be kept confidential pursuant to this Agreement, any other Loan Document subsection relates to the tax treatment or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement tax structure of rights hereunder or thereunder, (f) subject to an agreement containing provisions substantially the same this transaction as those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights and obligations under this Agreement, (ii) any actual or prospective party (or its Related Parties) to any swap, derivative or other transaction under which payments terms are to be made by reference to the Borrower and its obligations, this Agreement or payments hereunder, (iii) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fund, (g) on a confidential basis to (i) any Rating Agency solely to the extent required in connection with rating the Borrower or its Restricted Subsidiaries or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility, (h) with the prior written consent of the Borrower, (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (j) to the extent such Information (i) becomes publicly available other than as a result of a breach of this Section or (ii) becomes available to the Administrative Agent, any Lender, any Issuing Lender or any of their respective Affiliates from a third party that is not, to such Person’s knowledge, subject to confidentiality obligations to the Borrower, (k) to the extent that such information is independently developed by the Administrative Agent, the applicable Lender or the applicable Issuing Lender or (l) defined for purposes of establishing a “due diligence” defense. For purposes of this Section, “Information” means all information received from any Credit Party or any Subsidiary thereof relating to any Credit Party or any Subsidiary thereof or any of their respective businesses, other than any such information that is available to the Administrative Agent, any Lender or any Issuing Lender prior to disclosure by any Credit Party or any Subsidiary thereof other than as a result of a breach of this Treasury Regulation Section 12.10. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at the time of delivery thereof, any information received from the Borrower or any Subsidiary after the date hereof shall be deemed confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10. Any failure by any of the Administrative Agent, the Issuing Lenders or the Lenders to give any such notice to the Borrower described in this Section 12.10 shall not result in any liability on the part of the Administrative Agent, the Issuing Lenders or the Lendersl.6011-4(c).

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders Agent and the Issuing Lenders agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates Affiliates, its auditors and to its Related Parties on a need to know basis (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential on substantially and the same terms as provided hereinAdministrative Agent or such Lender will be responsible for any the non-compliance with this Section 10.07 of such a Person which it controls), (b) upon to the request extent required or demand of requested by any regulatory authority purporting to have jurisdiction over such Person or any of its Affiliates Related Parties (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (in which case the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, except with respect to any audit or examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrower, in advanceand such Person agrees, to the extent not prohibited by applicable law, to inform the Borrower promptly thereof prior to disclosure or, if not practicable prior to disclosure and lawfully permitted not prohibited by law, to do so)inform the Borrower promptly after disclosure, (c) to the extent required by Applicable Laws pursuant to a or regulations or by any subpoena or an order of any court or administrative agency or in any pending similar legal or administrative proceeding or process (in which case, the Administrative Agent, the applicable Lender or the applicable Issuing Lender shalland such Person agrees, to the extent permitted not prohibited by Applicable Lawapplicable law, to inform the Borrower promptly in advance thereof so the Borrower may seek a protective order or take other appropriate action)prior to disclosure or, if not practicable prior to disclosure and not prohibited by law, promptly after disclosure, (d) to any other party hereto, (e) in connection with the exercise of any remedies under this Agreement, hereunder or under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, Agreement or any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, (f) subject to an agreement containing provisions substantially the same as those of this SectionSection 10.07, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights and obligations under this Agreement, Agreement or (ii) any actual or prospective party (or its Related Parties) to any swap, derivative or other transaction under which payments are to be made by reference to the Borrower and its obligations, this Agreement or payments hereunder, (iii) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fund, (g) on a confidential basis to (i) any Rating Agency solely to the extent required rating agency in connection with rating the Borrower or its Restricted Subsidiaries or the Credit Facility credit facilities provided hereunder or (ii) the CUSIP Service Bureau or any similar agency solely in connection with the issuance application, issuance, publishing and monitoring of CUSIP numbers or other market identifiers with respect to the Credit Facilitycredit facilities provided hereunder, (h) with the prior written consent of the Borrower, Borrower or (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (j) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section or 10.07, (iiy) becomes available to the Administrative Agent, any Lender, any Issuing Lender or any of their respective Affiliates from a third party that is not, to such Person’s knowledge, subject to confidentiality obligations to the Borrower, (k) to the extent that such information is independently developed by the Administrative Agent, the applicable Lender or the applicable Issuing Lender or (l) for purposes of establishing a “due diligence” defense. For purposes of this Section, “Information” means all information received from any Credit Party or any Subsidiary thereof relating to any Credit Party or any Subsidiary thereof or any of their respective businesses, other than any such information that is available to the Administrative Agent, any Lender or any Issuing Lender prior to disclosure by any Credit Party or any Subsidiary thereof of their respective Affiliates on a nonconfidential basis from a source other than as a result of a breach of this Section 12.10. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at the time of delivery thereof, or (z) is independently discovered or developed by a party hereto without utilizing any information Information received from the Borrower or any Subsidiary after violating the date hereof shall be deemed confidential unless such information shall already be publicly available other than as a result of a breach terms of this Section 12.10. Any failure by any of the Administrative Agent, the Issuing Lenders or the Lenders to give any such notice to the Borrower described in this Section 12.10 shall not result in any liability on the part of the Administrative Agent, the Issuing Lenders or the Lenders10.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders Agent and the Issuing Lenders agrees each Lexxxx xgrees to maintain the confidentiality of the Information (as defined below)) and exercise the same degree of care that it exercises to maintain the confidentiality of its own proprietary information, but in any event not less than reasonable care, except that Information may be disclosed (a) to its Affiliates and to its Related Parties on a need to know basis (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential on substantially confidential); provided that, in no event will the same terms disclosure of Information to such Affiliates or Related Parties facilitate any activity that competes directly with the business activities of any Borrower or the Investment Adviser as provided herein), such business activities have been disclosed to Administrative Agent as of the Closing Date; (b) upon to the request extent required or demand of requested by any regulatory authority purporting to have jurisdiction over such Person or any of its Affiliates Related Parties (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (in which case the Administrative AgentAgent or such Lexxxx, as the applicable Lender or case may be, agrees to inform the applicable Issuing Lender shall, except with respect Initial Borrower promptly thereof and provide an opportunity to any audit or examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrowercontest such disclosure, in advance, each case to the extent practicable and lawfully permitted to do sonot prohibited by applicable law), ; (c) to the extent required by Applicable Laws pursuant to a applicable laws or regulations or by any subpoena or an order of any court or administrative agency or in any pending similar legal or administrative proceeding or process (in which case, case the Administrative AgentAgent or such Lender, as the applicable Lender or case may be, agrees to inform the applicable Issuing Lender shallInitial Borrower promptly thereof and provide an opportunity to contest such disclosure, in each case to the extent permitted not prohibited by Applicable Law, inform the Borrower promptly in advance thereof so the Borrower may seek a protective order or take other appropriate actionapplicable law), ; (d) to any other party hereto, Lender; (e) in connection with the exercise of any remedies under this Agreement, hereunder or under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, Credit Agreement or any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, ; (f) subject to an agreement containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, but not including a Competitor, any of its rights and obligations under this Credit Agreement, or (ii) any actual or prospective party (or its Related Parties) ), but not including a Competitor, to any swap, derivative or other transaction under which payments are to be made by reference to the Borrower Borrowers and its their obligations, this Credit Agreement or payments hereunder, (iii) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fund, ; (g) on a confidential basis to (i) any Rating Agency solely to the extent required rating agency in connection with rating the Borrower or its Restricted Subsidiaries Borrowers or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility, ; (h) with the prior written consent of the Borrower, Borrowers; or (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (j) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section or (ii) becomes available to the by Administrative Agent, any Lender, any Issuing Lender or any of their respective Affiliates from a third party that is notor Related Parties, to such Person’s knowledge, subject to confidentiality obligations to the Borrower, (k) to the extent that such information is independently developed by the Administrative Agent, the applicable Lender or the applicable Issuing Lender or (ly) for purposes of establishing a “due diligence” defense. For purposes of this Section, “Information” means all information received from any Credit Party or any Subsidiary thereof relating to any Credit Party or any Subsidiary thereof or any of their respective businesses, other than any such information that is becomes available to the Administrative Agent, any Lender or any Issuing Lender prior to disclosure by any Credit Party or any Subsidiary thereof of their respective Affiliates on a non-confidential basis from a source other than the Borrowers if Administrative Agent, such Lender or such Affiliate (as a result of a breach of this Section 12.10applicable) does not know that such source is prohibited from disclosing such Information. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at the time of delivery thereofIn addition, any information received from the Borrower or any Subsidiary after the date hereof shall be deemed confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10. Any failure by any of the Administrative Agent, the Issuing Lenders Lenders, and any of their respective Related Parties, may (A) disclose the existence of this Credit Agreement and information about this Credit Agreement to market data collectors, similar service providers to the lending industry and service providers to Administrative Agent or the Lenders in connection with the administration of this Credit Agreement, the other Loan Documents, and the Commitments; and (B) use any information (not constituting Information subject to give the foregoing confidentiality restrictions) related to the syndication and arrangement of the credit facilities contemplated by this Credit Agreement in connection with marketing, press releases, or other transactional announcements or updates provided to investor or trade publications, including the placement of “tombstone” advertisements in publications of its choice at its own expense. Notwithstanding anything herein to the contrary, any party to this Credit Agreement (and any employee, representative, or other agent of any party to this Credit Agreement) may disclose to any and all persons, without limitation of any kind, the tax treatment and tax structure of the transactions contemplated by this Credit Agreement and all materials of any kind (including opinions or other tax analyses) that are provided to it relating to such tax treatment and tax structure. However, any such notice information relating to the Borrower described in this Section 12.10 shall not result in tax treatment or tax structure is required to be kept confidential to the extent necessary to comply with any liability on the part of the Administrative Agentapplicable federal or state securities laws, the Issuing Lenders or the Lendersrules, and regulations.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders Agent and the Issuing Lenders agrees to maintain the confidentiality of of, and not disclose, the Information (as defined below), except that Information may be disclosed (a) to its Affiliates Affiliates, to its auditors and to its Related Parties on a and its Affiliates’ respective partners, directors, officers, employees, agents, advisors and representatives who need to know basis such Information in connection with this Agreement (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed will be subject to keep customary confidentiality obligations of professional practice or agree to be bound by the terms of this Section (or language substantially similar to this Section) with the disclosing party responsible for such Information confidential on substantially the same terms as provided hereinperson’s compliance with this Section), (b) upon to the request or demand of extent requested by any regulatory authority purporting to have jurisdiction over such Person or any of its Affiliates it (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (), in which case the Administrative Agentdisclosing party agrees, to the applicable Lender extent permitted by law, rule or regulation and reasonably practicable, to inform the applicable Issuing Lender shallBorrower, except with respect to any customary audit or customary examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, in advance thereof, (c) to the extent required by applicable laws or regulations or by any subpoena or similar legal process; provided that the Person required to disclose such information shall take reasonable efforts (at the Borrower’s expense) to ensure that any Information so disclosed shall be afforded confidential treatment, to the extent permitted by law, rule or regulation and reasonably practicable, to inform the Borrower, except with respect to any customary audit or customary examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrower, in advance, to the extent practicable and lawfully permitted to do so), (c) to the extent required by Applicable Laws pursuant to a subpoena or an order of any court or administrative agency or in any pending legal or administrative proceeding or process (in which case, the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, to the extent permitted by Applicable Law, inform the Borrower promptly in advance thereof so the Borrower may seek a protective order or take other appropriate action)thereof, (d) to any other party hereto, (e) in connection with the exercise of any remedies under this Agreement, hereunder or under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, Agreement or any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, (f) subject to such Person agreeing to be subject to the provisions of this Section 10.07 or an agreement containing provisions substantially the same at least as restrictive as those of this SectionSection 10.07, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights and or obligations under this Agreement, Agreement or (ii) any actual or prospective party counterparty (or its Related Partiesadvisors) to any swap, swap or derivative or other transaction under which payments are to be made by reference to the Borrower and its obligations, this Agreement or payments hereunder, (iii) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fund, (g) on a confidential basis to (i) any Rating Agency solely to the extent required in connection with rating the Borrower or its Restricted Subsidiaries or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility, (h) with the prior written consent of the Borrower, (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (j) to the extent such Information (i) becomes publicly available other than as a result of a breach of this Section or (ii) becomes available to the Administrative Agent, any Lender, any Issuing Lender or any of their respective Affiliates from a third party that is not, to such Person’s knowledge, subject to confidentiality obligations to the Borrower, (k) to the extent that such information is independently developed by the Administrative Agent, the applicable Lender or the applicable Issuing Lender or (l) for purposes of establishing a “due diligence” defense. For purposes of this Section, “Information” means all information received from any Credit Party or any Subsidiary thereof relating to any Credit Party or any Subsidiary thereof or any of their respective businesses, other than any such information that is available to the Administrative Agent, any Lender or any Issuing Lender prior to disclosure by any Credit Party or any Subsidiary thereof other than as a result of a breach of this Section 12.10. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at the time of delivery thereof, any information received from the Borrower or any Subsidiary after the date hereof shall be deemed confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10. Any failure by any of the Administrative Agent, the Issuing Lenders or the Lenders to give any such notice to the Borrower described in this Section 12.10 shall not result in any liability on the part of the Administrative Agent, the Issuing Lenders or the Lenders.67

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders and the Issuing Lenders agrees agree to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates and to its Related Parties on with a reasonable need to know basis such information in connection with the Transactions and who are informed of the confidential nature of such information and have been advised of their obligation to keep information of this type confidential (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential on substantially the same terms as provided hereinconfidential), provided that the applicable Lender, Issuing Lender or Administrative Agent, shall be responsible for its Affiliates’ and its and their respective Related Parties’ compliance with this paragraph; (b) upon to the request extent required or demand of requested by any regulatory authority purporting to have jurisdiction over such Person or any of its Affiliates Related Parties (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (), in which case the Administrative Agent, the applicable Lender or Lenders and the applicable Issuing Lender shall, Lenders agree (except with respect to any audit or examination conducted by bank accountants or any governmental bank regulatory or self-regulatory authority exercising examination or regulatory authority, promptly notify the Borrower, in advance), to the extent practicable and lawfully permitted not prohibited by applicable law, to do so)inform the Lead Borrower promptly thereof prior to such disclosure and to reasonably cooperate with the Lead Borrower, at the Borrowers’ expense, in seeking a protective order or other appropriate remedy; (c) to the extent required by Applicable Laws pursuant to a applicable laws or regulations or by any subpoena or an order similar legal process based on the reasonable advice of any court or administrative agency or in any pending legal or administrative proceeding or process (counsel, in which case, case the Administrative Agent, the applicable Lender Lenders and the Issuing Lenders agree (except with respect to any audit or the applicable Issuing Lender shallexamination conducted by bank accountants or any regulatory or self-regulatory authority exercising examination or regulatory authority), to the extent permitted practicable and not prohibited by Applicable Lawapplicable law, to inform the Lead Borrower promptly thereof prior to such disclosure and to reasonably cooperate with the Lead Borrower, at the Borrowers’ expense, in advance thereof so the Borrower may seek seeking a protective order or take other appropriate action), remedy; (d) to any other party hereto, ; (e) in connection with the exercise of any remedies under this Agreement, hereunder or under any other Loan Credit Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, Agreement or any other Loan Credit Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, ; (f) subject to being bound by the terms of this Section or to an agreement containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights and obligations under this Agreement, or (ii) any actual or prospective party (or its Related Parties) to any swap, derivative or other transaction under which payments are to be made by reference to the any Borrower and its obligations, this Agreement or payments hereunder, (iii) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fund, ; (g) on a confidential basis to (i) any Rating Agency solely to the extent required S&P and Xxxxx’x in connection with obtaining any ratings in respect of the Borrowers and the Loans and to any rating the Borrower or its Restricted Subsidiaries or the Credit Facility agency in connection with obtaining shadow ratings required by any financing source or (ii) the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit FacilityLoans, in each case, subject to such Person being bound by the terms of this Section or to an agreement containing provisions substantially the same as those of this Section; (h) with the prior written consent of the Lead Borrower, ; or (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (j) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section Section, or (iiy) becomes available to the Administrative Agent, any Lender, any Issuing Lender or any of their respective Affiliates on a nonconfidential basis from a third party that is notsource other than the Borrowers. In addition, the Administrative Agent and the Lenders may disclose the existence of this Agreement and information about this Agreement to such Person’s knowledgemarket data collectors, subject to confidentiality obligations similar service providers to the Borrower, (k) to the extent that such information is independently developed by the Administrative Agent, the applicable Lender or the applicable Issuing Lender or (l) for purposes of establishing a “due diligence” defense. For purposes of this Section, “Information” means all information received from any Credit Party or any Subsidiary thereof relating to any Credit Party or any Subsidiary thereof or any of their respective businesses, other than any such information that is available lending industry and service providers to the Administrative Agent, any Lender or any Issuing Lender prior to disclosure by any Credit Party or any Subsidiary thereof other than as a result of a breach Agent and the Lenders in connection with the administration of this Section 12.10. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at the time of delivery thereof, any information received from the Borrower or any Subsidiary after the date hereof shall be deemed confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10. Any failure by any of the Administrative AgentAgreement, the Issuing Lenders or other Credit Documents, and the Lenders to give any such notice to the Borrower described in this Section 12.10 shall not result in any liability on the part of the Administrative Agent, the Issuing Lenders or the LendersCommitments.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders Agent and the Issuing Lenders each other Lending Party each agrees to maintain the confidentiality of the Information (as defined below)Information, except that Information may be disclosed (including by means of the Electronic Platform): (a) to its Affiliates and to its Related Parties on a need to know basis and its Affiliates’ respective partners, directors, officers, employees, agents, advisors, representatives and funding and financing sources (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed agree to keep such Information confidential on substantially the same terms as provided herein), ; (b) upon to the request or demand of extent requested by any regulatory authority Governmental Authority, purporting to have jurisdiction over such Person or any of its Affiliates it (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (in which case the Administrative Agent), the applicable Lender or the applicable Issuing Lender shall, except with respect to any audit or examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrower, in advance, provided that to the extent practicable and lawfully permitted by applicable Law, Administrative Agent will use reasonably commercial efforts to do so)provide Administrative Loan Party with notice of any such request so received prior to the release thereof, however, Administrative Agent’s failure to so provide such notice (or any notice) will not be deemed a violation of any obligation of Administrative Agent to Borrowers hereunder or otherwise expose Administrative Agent to any claim or liability to any Person as a result of such failure; (c) to the extent required by Applicable applicable Laws pursuant to a or by any subpoena or an order of any court or administrative agency or in any pending similar legal or administrative proceeding or process (in which caseprocess, the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, provided that to the extent permitted by Applicable applicable Law, inform Administrative Agent will use reasonably commercial efforts to provide Administrative Loan Party with notice of any such required disclosure prior to the Borrower promptly in advance thereof release thereof, however, Administrative Agent’s failure to so the Borrower may seek provide such notice (or any notice) will not be deemed a protective order violation of any obligation of Administrative Agent to Borrowers hereunder or take other appropriate action), otherwise expose Administrative Agent to any claim or liability to any Person as a result of such failure; (d) to any other party hereto, ; (e) in connection with the exercise of any remedies under this Agreement, hereunder or under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding Proceeding relating to this Agreement, Agreement or any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, ; (f) to “Gold Sheets” or other similar bank trade publications; provided that such information consist solely of deal terms and other information customarily found in such publications; (g) unless an Event of Default has occurred and is continuing, subject to an agreement containing provisions substantially the same as those of this Section, to Section 10.07 to: (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights and or obligations under this Agreement, ; or (ii) any actual or prospective party counterparty (or its Related Partiesadvisors) to any swap, swap or derivative or other transaction under which payments are relating to be made by reference to the Borrower and its obligations, this Agreement or payments hereunder, (iii) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the any Loan Documents in connection with ratings issued with respect to an Approved Fund, (g) on a confidential basis to (i) any Rating Agency solely to the extent required in connection with rating the Borrower or its Restricted Subsidiaries or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility, Party; (h) with the prior written consent of the Borrower, Borrowers; or (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (j) to the extent such Information Information: (i) becomes publicly available other than as a result of a breach of this Section 10.07; or (ii) becomes available to the Administrative Agent, any Lender, any Issuing Lender Lending Party or any of their respective Affiliates on a non-confidential basis from a third party that is not, to such Person’s knowledge, subject to confidentiality obligations to the Borrower, (k) to the extent that such information is independently developed by the Administrative Agent, the applicable Lender or the applicable Issuing Lender or (l) for purposes source other any Loan Party and not in contravention of establishing a “due diligence” defensethis Section 10.07. For purposes of this SectionSection 10.07, “Information” means all information received from any Credit Party or any Subsidiary thereof relating to any Credit Party or any Subsidiary thereof or any of their respective businesses, other than any such information that is available to the Administrative Agent, any Lender or any Issuing Lender prior to disclosure by any Credit Party or any Subsidiary thereof other than as a result of a breach of this Section 12.10. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at the time of delivery thereof, any information received from the Borrower or any Subsidiary after the date hereof shall be deemed confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10. Any failure by any of the Administrative Agent, the Issuing Lenders or the Lenders to give any such notice to the Borrower described in this Section 12.10 shall not result in any liability on the part of the Administrative Agent, the Issuing Lenders or the Lenders.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders and the Issuing Lenders L/C Issuers agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates and to its Related Parties on a need to know basis (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential on substantially the same terms and such disclosure is in connection with such disclosing Person acting as provided hereinAdministrative Agent or Lender), (b) upon to the request extent required or demand of requested by any regulatory authority purporting to have jurisdiction over such Person or any of its Affiliates Related Parties (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (in which case the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, except with respect to any audit or examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrower, in advancedisclosing party agrees, to the extent practicable and lawfully permitted by applicable law, to do sonotify the Borrower promptly prior to such disclosure), (c) to the extent required by Applicable Laws pursuant to a applicable laws or regulations or by any subpoena or an order of any court or administrative agency or in any pending similar legal or administrative proceeding or process (in which case, the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, to the extent permitted by Applicable Law, inform the Borrower promptly in advance thereof so the Borrower may seek a protective order or take other appropriate action)process, (d) to any other party hereto, (e) in connection with the exercise of any remedies under this Agreement, hereunder or under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, Agreement or any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, (f) subject to an agreement containing provisions substantially the same as those of this SectionSection 10.07, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights and obligations under this Agreement (in each case, other than any Disqualified Institution unless such Disqualified Institution has or may become an assignee of or Participant in its rights and obligations under this Agreement at a time it was or is permitted to do so under the terms of this Agreement, ) or any Eligible Assignee invited to be a Lender pursuant to Section 10.01 or (ii) any actual or prospective party (or its Related Parties) (in each case, other than any Disqualified Institution unless such Disqualified Institution has or may become such a party at a time it was or is permitted to do so under the terms of this Agreement) to any swap, derivative or other transaction under which payments are to be made by reference to the Borrower and its obligations, this Agreement or payments hereunder, (iii) to an investor or prospective investor in an Approved Fund except that also agrees that Information no such agreement shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund required in connection with the administration, servicing and reporting disclosure to any such Person of the names of the Disqualified Institutions or the tax identification numbers of the Loan Parties posted on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved FundElectronic Platform, (g) on a confidential basis to (i) any Rating Agency solely to the extent required in connection with rating the Borrower or its Restricted Subsidiaries or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring of CUSIP numbers or other market identifiers with respect to the Credit Facilitycredit facilities provided hereunder, (h) with the prior written consent of the Borrower, Borrower or (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (j) to the extent such Information (iy) becomes publicly available other than as a result of a breach of this Section 10.07 or (iiz) becomes available to the Administrative Agent, any Lender, any Issuing Lender L/C Issuer or any of their respective Affiliates on a nonconfidential basis from a third party that is not, to such Person’s knowledge, subject to confidentiality obligations to the Borrower, (k) to the extent that such information is independently developed by the Administrative Agent, the applicable Lender or the applicable Issuing Lender or (l) for purposes of establishing a “due diligence” defense. For purposes of this Section, “Information” means all information received from any Credit Party or any Subsidiary thereof relating to any Credit Party or any Subsidiary thereof or any of their respective businesses, other than any such information that is available to the Administrative Agent, any Lender or any Issuing Lender prior to disclosure by any Credit Party or any Subsidiary thereof other than as a result of a breach of this Section 12.10. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at the time of delivery thereof, any information received from the Borrower or any Subsidiary after the date hereof shall be deemed confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10. Any failure by any of the Administrative Agent, the Issuing Lenders or the Lenders to give any such notice to the Borrower described in this Section 12.10 shall not result in any liability on the part of the Administrative Agent, the Issuing Lenders or the Lenders.a

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders and the Issuing Lenders L/C Issuer agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates and to its Related Parties and its Affiliates’ respective partners, directors, officers, employees, agents, advisors and other representatives on a “need to know basis basis” (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential on substantially confidential) solely in connection with the same terms transactions contemplated or permitted hereby; provided that the Administrative Agent, the Lenders or the L/C Issuer, as provided herein)the case may be, shall be responsible for its Affiliates’ compliance with this clause, (b) upon to the request or demand of extent requested by any regulatory authority purporting to have jurisdiction over such Person or any of its Affiliates it (including any self-regulatory self‑regulatory authority, such as the National Association of Insurance CommissionersCommissioners or any similar organization) (or any nationally recognized rating agency that requires access to information about a Lender’s investment portfolio in which case the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, except connection with ratings issued with respect to such Lender (provided that, prior to any audit or examination conducted by bank accountants or such disclosure, such rating agency shall undertake in writing to preserve the confidentiality of any governmental bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrower, in advance, confidential Information relating to the extent practicable and lawfully permitted to do soLoan Parties), (c) to the extent required by Applicable Laws pursuant to a or regulations or by any subpoena or an order similar legal process; provided that, unless specifically prohibited by Applicable Law or court order, each Lender and the Administrative Agent shall promptly notify the Borrower in advance of any court or administrative agency or in any pending legal or administrative proceeding or process (in which case, the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, to the extent permitted by Applicable Law, inform the Borrower promptly in advance thereof so the Borrower may seek a protective order or take other appropriate action)such disclosure, (d) to any other party hereto, (e) in connection with the exercise of any remedies under this Agreement, hereunder or under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, Agreement or any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, (f) subject to an agreement containing provisions substantially the same as those of this SectionSection 10.23, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights and or obligations under this Agreement, Agreement or (ii) any actual or prospective party counterparty (or its Related Partiesadvisors) to any swap, derivative or other transaction under which payments are to be made by reference Hedge Agreement relating to the Borrower and its obligations, this Agreement or payments hereunder, (iii) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fund, (g) on a confidential basis to (i) any Rating Agency solely to the extent required in connection with rating the Borrower or its Restricted Subsidiaries or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility, (h) with the prior written consent of the Borrower, (h) in customary disclosure about the terms of the financing contemplated hereby in the ordinary course of business to market data collectors and similar service providers to the loan industry for league table purposes or (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (j) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section 10.23 or (iiy) becomes available to the Administrative Agent, any Lender, any Issuing Lender or any of their respective Affiliates on a nonconfidential basis from a third party that is not, to such Person’s knowledge, subject to confidentiality obligations to source other than the Borrower, Borrower (k) except to the extent that such information is independently developed by Information was available to the Administrative Agent, the applicable any Lender or any of their Affiliates as a result of Administrative Agent’s, any Lender’s or their Affiliates’ ownership interests in the applicable Issuing Lender Business or (l) for purposes of establishing a “due diligence” defensethe Borrower). For purposes of this SectionSection 10.23, “Information” means all information received by the Administrative Agent, any Lender or the L/C Issuer, as the case may be, from any Credit Party the Borrower or any Subsidiary thereof of its Subsidiaries relating to any Credit Party the Borrower or any Subsidiary thereof of its Subsidiaries or any of their respective businesses, other than any such information that is available to the Administrative Agent, Agent or any Lender or any Issuing Lender on a nonconfidential basis prior to disclosure by any Credit Party or any Subsidiary thereof other than as a result of a breach of this Section 12.10. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at the time of delivery thereof, any information received from the Borrower or any Subsidiary after of its Subsidiaries. Any Person required to maintain the date hereof confidentiality of Information as provided in this Section shall be deemed considered to have complied with its obligation to do so if such Person has exercised the same degree of care to maintain the confidentiality of such Information as such Person would accord to its own confidential unless information. Notwithstanding the foregoing, the Administrative Agent and the Lenders agree not to disclose any Information to a (i) Prohibited Lender or (ii) any of their respective Affiliates or any of their and their Affiliates’ officers, directors or employees that (x) are engaged as principles primarily in private equity or venture capital on a proprietary bases (other than, in each case, such information shall already be publicly available other than as a result of a breach of this Section 12.10. Any failure Affiliates engaged by the Borrower with respect to the Transactions or any debt fund affiliates or any advisors thereto) or (y) to the knowledge of the Administrative Agent, the Issuing Lenders or the Lenders to give L/C Issuer, as the case may be, are engaged in businesses competing with the Borrower (including any such notice Affiliate which has been previously identified in writing to the Borrower described Joint Lead Arrangers as such); provided that nothing contained in this Section 12.10 10.23 shall not result in prohibit the disclosure of such Information to any liability on the part officers, directors or employees of any Affiliate of the Administrative Agent, the Issuing Lenders or the LendersL/C Issuer, as the case may be, who reasonably need to know such Information for purposes of evaluating, negotiating, enforcing or consummating any of the transactions contemplated hereby, so long as, such Information is used solely for such purposes.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, each Issuing Bank, the Lenders Swingline Lender and each of the Issuing Lenders agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates and to its Related Parties on a need to know basis and its Affiliates’ respective partners, directors, officers, employees, agents, advisors and representatives (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential on substantially the same terms as provided hereinconfidential), (b) upon to the request or demand of extent requested by any regulatory authority purporting to have jurisdiction over such Person it or any of its Affiliates (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (in which case case, the Administrative Agent, such Issuing Bank, the applicable Swingline Lender or the applicable Issuing such Lender shall, except with respect to any audit or examination conducted by bank accountants or any governmental bank Governmental Authority or regulatory or self-regulatory authority exercising examination or regulatory authority, promptly notify the BorrowerBorrower in writing, in advance, and give the Borrower the opportunity to seek confidential treatment of the information prior to such disclosure, to the extent practicable permitted by law and lawfully permitted to do soregulation), (c) to the extent required by Applicable Laws pursuant to a subpoena or an order of any court or administrative agency or in any pending legal or legal, judicial, administrative proceeding or in accordance with a judicial or other governmental order, subpoena, interrogatory, discovery request, investigative demand or other legal process or as required by applicable law or regulations (in which case, the Administrative Agent, such Issuing Bank, the applicable Swingline Lender or such Lender shall promptly notify the applicable Issuing Lender shallBorrower in writing, in advance, and give the Borrower the opportunity to seek confidential treatment of the information prior to such disclosure, to the extent permitted by Applicable Law, inform the Borrower promptly in advance thereof so the Borrower may seek a protective order or take other appropriate actionlaw and regulation), (d) to any other party hereto, (e) in connection with the exercise of any remedies under this Agreement, hereunder or under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, Agreement or any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, (f) subject to an agreement containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights and or obligations under this Agreement, Agreement or (ii) any actual or prospective party counterparty (or its Related Partiesadvisors) to any swap, swap or derivative or other transaction under which payments are to be made by reference relating to the Borrower and its obligations, this Agreement or payments hereunderany Subsidiary and its obligations, (iii) or any credit insurance provider relating to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved FundObligations, (g) with the consent of the Borrower, (h) to rating agencies or, on a confidential basis basis, to (i) any Rating Agency solely to the extent required in connection with rating the Borrower or its Restricted Subsidiaries or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility, (h) with the prior written consent of the Borrower, Loans or (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (j) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section or (iiy) becomes available to the Administrative Agent, any LenderIssuing Bank, the Swingline Lender any Issuing Lender or any of their respective Affiliates on a nonconfidential basis from a third party that is not, to such Person’s knowledge, subject to confidentiality obligations to source other than the Borrower, (k) to the extent that such information is independently developed by the Administrative Agent, the applicable Lender or the applicable Issuing Lender or (l) for purposes of establishing a “due diligence” defense. For purposes of this Section, “Information” means all information received from any Credit Party or any Subsidiary thereof relating to any Credit Party or any Subsidiary thereof or any of their respective businesses, other than any such information that is available to the Administrative Agent, any Lender or any Issuing Lender prior to disclosure by any Credit Party or any Subsidiary thereof other than as a result of a breach of this Section 12.10. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at the time of delivery thereof, any information received from the Borrower or any Subsidiary after the date hereof shall be deemed confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10. Any failure by any of the Administrative Agent, the Issuing Lenders or the Lenders to give any such notice to the Borrower described in this Section 12.10 shall not result in any liability on the part of the Administrative Agent, the Issuing Lenders or the Lenders.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders Collateral Agent and the Issuing Lenders agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (ai) to its Affiliates and to its Related Parties on a need to know basis and its Affiliates’ respective managers, administrators, trustees, partners, directors, officers, employees, agents, advisors and other representatives (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential on substantially the same terms as provided hereinconfidential), (bii) upon to the request extent requested by any governmental or demand of any regulatory agency or authority purporting to have jurisdiction over such Person or any of its Affiliates it (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (), in which case it agrees to inform the Administrative AgentBorrower promptly thereof prior to disclosure to the extent practicable and not prohibited by law, the applicable Lender rule or the applicable Issuing Lender shall, regulation (except with respect to any audit or examination conducted by bank accountants or any governmental agency, securities or bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrower, in advance, ) and provided that it shall use commercially reasonable efforts to the extent practicable and lawfully permitted to do so)ensure that any such information so disclosed is accorded confidential treatment, (ciii) to the extent required by Applicable Laws pursuant to a applicable laws or regulations or by any subpoena or an order of any court or administrative agency or in any pending similar legal or administrative proceeding or process (process, in which case, the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, case it agrees to the extent permitted by Applicable Law, inform the Borrower promptly in advance thereof prior to disclosure to the extent practicable and not prohibited by law, rule or regulation (except with respect to any audit or examination conducted by bank accountants or any governmental agency, securities or bank regulatory authority exercising examination or regulatory authority) and provided that it shall use commercially reasonable efforts to ensure that any such information so the Borrower may seek a protective order or take other appropriate action)disclosed is accorded confidential treatment, (div) to any other party hereto, (ev) in connection with the exercise of any remedies under this Agreement, hereunder or under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, Agreement or any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunderthereunder (provided that it shall use commercially reasonable efforts to ensure that any such information so disclosed is accorded confidential treatment), (fvi) subject to an agreement containing provisions substantially the same (or at least as restrictive) as those of this Section, to (iA) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights and or obligations under this Agreement, (iiB) any actual or prospective party counterparty (or its Related Partiesmanagers, administrators, trustees, partners, directors, officers, employees, agents, advisors and other representatives) to any swap, or derivative or other similar transaction under which payments are to be made by reference or to any credit insurance provider in each case relating to the Borrower and its obligations, this Agreement or payments hereunder, (iiiC) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fundany rating agency, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fund, (g) on a confidential basis to (i) any Rating Agency solely to the extent required in connection with rating the Borrower or its Restricted Subsidiaries or the Credit Facility or (iiD) the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facilityorganization, (hvii) with the prior written consent of the Borrower, Borrower or (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (jviii) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section or (iiy) becomes available to the Administrative Agent, the Collateral Agent or any Lender, any Issuing Lender or any of their respective Affiliates on a nonconfidential basis from a third party that is not, to such Person’s knowledge, subject to confidentiality obligations to source other than the Borrower. In addition, (k) to the extent that such information is independently developed by the Administrative Agent, the applicable Lender or Collateral Agent and the applicable Issuing Lender or (l) for purposes of establishing a “due diligence” defense. For purposes Lenders may disclose the existence of this Section, “Information” means all information received from any Credit Party or any Subsidiary thereof relating to any Credit Party or any Subsidiary thereof or any of their respective businesses, other than any such information that is available to Agreement and the Administrative Agent, any Lender or any Issuing Lender prior to disclosure by any Credit Party or any Subsidiary thereof other than as a result of a breach of this Section 12.10. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at the time of delivery thereof, any information received from the Borrower or any Subsidiary after the date hereof shall be deemed confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10. Any failure by any terms of the Administrative Agent, the Issuing Lenders or the Lenders to give any such notice to the Borrower described in credit facility provided for under this Section 12.10 shall not result in any liability on the part Agreement of the Administrative Agent, the Issuing Lenders or the Lenders.type customarily provided to

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders and the Issuing Lenders agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates and to its and its Related Parties on a need in connection with the Credit Facility, this Agreement, the transactions contemplated hereby or in connection with marketing of services by such Affiliate or Related Party to know basis Borrower or any of its Subsidiaries (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential on substantially the same terms as provided hereinconfidential), (b) upon to the request extent required or demand of requested by, or required to be disclosed to, any regulatory or similar authority purporting to have jurisdiction over such Person or any of its Affiliates Related Parties (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (in which case such Person shall, except with respect to any audit or exam conducted by bank accountants or a governmental bank regulatory authority exercising examination or regulatory authority, promptly notify Borrower, in advance to the extent practicable and lawfully permitted to do so) or in accordance with the Administrative Agent’s, the Issuing Lender’s or any Lender’s regulatory compliance policy if the Administrative Agent, the applicable Issuing Lender or such Lender, as applicable, deems such disclosure to be necessary for the applicable mitigation of claims by those authorities against the Administrative Agent, the Issuing lender or such Lender, as applicable, or any of its Related Parties (in which case, the Administrative Agent, the Issuing Lender shallor such Lender, as applicable, shall use commercially reasonably efforts to, except with respect to any audit or examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrower, in advance, to the extent practicable and lawfully otherwise permitted to do soby Applicable Law), (c) as to the extent required by Applicable Laws pursuant to a subpoena or an order of any court or administrative agency regulations or in any pending legal legal, judicial, administrative or administrative proceeding or process (other compulsory proceeding, in which case, case the Administrative Agent, the applicable Lender or the applicable Issuing Lender Person shall, to the extent permitted by Applicable Lawlaw, inform the Borrower promptly in advance thereof so to the Borrower may seek a protective order or take other appropriate actionextent practicable and lawfully permitted to do so), (d) to any other party hereto, (e) in connection with to the extent required for the exercise of any remedies under this Agreement, under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, (f) subject to an agreement containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights and obligations under this Agreement, (ii) any actual or prospective party (or its Related Parties) to any swap, derivative or other transaction under which payments are to be made by reference to the Borrower and its obligations, this Agreement or payments hereunder, (iii) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund Fund, or (v) to a Rating Agency solely to the extent it nationally recognized rating agency that requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fund, (g) on a confidential basis to (i) with Borrower’s prior written consent, any Rating Agency solely to the extent required rating agency in connection with rating the Borrower or its Restricted Subsidiaries or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility, (h) with the prior written consent of the Borrower, (i) with Borrower’s prior consent, to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (j) to the extent such Information (i) becomes publicly available other than as a result of a breach of this Section or any confidentiality agreement provided herein, or (ii) becomes available to the Administrative Agent, any Lender, any Issuing Lender or any of their respective Affiliates on a non-confidential basis from a third party that is not, to such Person’s knowledge, subject to confidentiality obligations to the Borrowerany Credit Party or its Subsidiary, (k) to governmental regulatory authorities in connection with any regulatory examination of the Administrative Agent or any Lender or in accordance with the Administrative Agent’s or any Lender’s regulatory compliance policy if the Administrative Agent or such Lender deems necessary for the mitigation of claims by those authorities against the Administrative Agent or such Lender or any of its subsidiaries or affiliates, (l) to the extent that such information is independently developed by the Administrative Agentsuch Commitment Party, the applicable Lender or the applicable Issuing Lender or (lm) for purposes of establishing a “due diligence” defense. For purposes of this Section, “Information” means all information received from any Credit Party or any Subsidiary thereof relating to any Credit Party or any Subsidiary thereof or any of their respective businesses, other than any such information that is available to the Administrative Agent, any Lender or any Issuing Lender on a nonconfidential basis prior to disclosure by any Credit Party or any Subsidiary thereof; provided that, in the case of information received from a Credit Party or any Subsidiary thereof other than as a result of a breach of this Section 12.10. The parties hereto hereby agree that unless otherwise after the date hereof, such information is clearly identified by the Borrower at the time of delivery thereof, any information received from the Borrower or any Subsidiary after the date hereof shall be deemed confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10confidential. Any failure by any Person required to maintain the confidentiality of the Administrative Agent, the Issuing Lenders or the Lenders to give any such notice to the Borrower described Information as provided in this Section 12.10 shall not result be considered to have complied with its obligation to do so if such Person has exercised the same degree of care to maintain the confidentiality of such Information as such Person would accord to its own confidential information, but in any liability on the part of the Administrative Agent, the Issuing Lenders or the Lendersno event less than reasonable care consistent with industry standards.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders and the Issuing Lenders L/C Issuer agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates and to its Related Parties on a who need to know basis such Information (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential on substantially in accordance with this Section and it is agreed to and understood that the same terms as provided hereinAgent, Lender and the L/C Issuer shall be responsible for (and liable to the Company for) any breach of this Section by any such Person), (b) upon to the request extent required or demand of requested by any regulatory authority purporting to have jurisdiction over such Person or any of its Affiliates Related Parties (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (), in which case such Person thereby requested agrees to use commercially reasonable efforts to inform the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, except with respect to any audit or examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, Company promptly notify the Borrower, in advancefollowing such request and, to the extent practicable and lawfully permitted practical, will use commercially reasonable efforts to do sonotify (unless such notice is prohibited by law or regulation) the Company prior to such disclosure (other than with respect to routine regulatory requests), (c) to the extent required by Applicable Laws pursuant to a applicable laws or regulations or by any subpoena or an order of any court or administrative agency or in any pending similar legal or administrative proceeding or process (process, in which case, case such Person thereby requested agrees to use commercially reasonable efforts to inform the Administrative Agent, the applicable Lender or the applicable Issuing Lender shallCompany promptly following such request and, to the extent permitted practical, will use commercially reasonable efforts to notify (unless such notice is prohibited by Applicable Law, inform law or regulation) the Borrower promptly in advance thereof so the Borrower may seek a protective order or take Company prior to such disclosure (other appropriate actionthan with respect to routine matters), (d) to any other party hereto, hereto (e) in connection with the exercise of any remedies under this Agreement, hereunder or under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, Agreement or any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, (f) subject to an agreement containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights and or obligations under this AgreementAgreement or any Eligible Assignee invited to be a Lender pursuant to Section 2.15(c); provided that such assignee, Participant, prospective assignee, invited Eligible Assignee or prospective Participant agrees to use the information solely for evaluating its investment hereunder and is advised of and agrees to be bound by the provisions of this Section 10.08, or (ii) any actual or prospective party (or its Related Parties) to any swap, derivative or other transaction under which payments are to be made by reference to the Borrower Company and its obligations, this Agreement or payments hereunder, hereunder (iii) provided that such party agrees to an investor or prospective investor in an Approved Fund that also agrees that use the Information shall be used so disclosed solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fundsuch transaction and is advised of and agrees to be bound by the provisions of this Section 10.08), (g) on a confidential basis to (i) any Rating Agency solely to the extent required rating agency in connection with rating the Borrower Company or its Restricted Subsidiaries or the Credit Facility Facilities or (ii) the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring of CUSIP numbers or other market identifiers with respect to the Credit FacilityFacilities; provided that, such counterparty agrees to use the Information so disclosed solely with respect to such transaction and is advised of and agrees to be bound by the provisions of this Section 10.08, (h) with the prior written consent of the Borrower, Company or (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (j) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section or (iiy) becomes available to the Administrative Agent, any Lender, any Issuing Lender the L/C Issuer or any of their respective Affiliates on a nonconfidential basis from a third party source other than the Company that is not, not known to such Person’s knowledge, be subject to a confidentiality obligations to or similar agreement with the Borrower, (k) to the extent that such information is independently developed by the Administrative Agent, the applicable Lender Company or the applicable Issuing Lender or (l) for purposes any of establishing a “due diligence” defenseits Subsidiaries. For purposes of this Section, “Information” means all information received from any Credit Party the Company or any Subsidiary thereof relating to any Credit Party the Company or any Subsidiary thereof or any of their respective businesses, other than any such information that is available to the Administrative Agent, any Lender or any Issuing Lender the L/C Issuer on a nonconfidential basis prior to disclosure by any Credit Party the Company or any Subsidiary thereof other than as from a result Person that is not known to be subject to a confidentiality or similar agreement with the Company or any of a breach its Subsidiaries; provided that, in the case of this Section 12.10. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at the time of delivery thereof, any information received from the Borrower Company or any Subsidiary after the date hereof hereof, such information is clearly identified at the time of delivery as confidential. Any Person required to maintain the confidentiality of Information as provided in this Section shall be deemed considered to have complied with its obligation to do so if such Person has exercised the same degree of care to maintain the confidentiality of such Information as such Person would accord to its own confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10information. Any failure by any Each of the Administrative Agent, the Issuing Lenders and the L/C Issuer acknowledges that (a) the Information may include material non-public information concerning the Company or a Subsidiary, as the Lenders to give any case may be, (b) it has developed compliance procedures regarding the use of material non-public information and (c) it will handle such notice to the Borrower described material non-public information in this Section 12.10 shall not result in any liability on the part of the Administrative Agentaccordance with those procedures and applicable Law, the Issuing Lenders or the Lendersincluding United States Federal and state securities Laws.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders and the Issuing Lenders L/C Issuers agrees to maintain the confidentiality of the Information (as defined below), except that the Information may be disclosed (a) to its Affiliates and to its Related Parties and its Affiliates’ respective directors, officers, em- ployees, agents, advisors, insurers, insurance brokers, settlement service providers and other representatives on a “need to know basis basis” (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential on substantially confidential) solely in connection with the same terms transactions contemplated or permitted hereby; provided that the Administrative Agent, the Lenders or the L/C Issuers, as provided herein)the case may be, shall be responsible for their respective Affiliates’ compliance with this clause, (b) upon to the request or demand of extent requested by any regulatory authority purporting to have having jurisdiction over such Person or any of its Affiliates (including any self-regulatory authority, such as the National Association of Insurance CommissionersCommissioners or any similar organization) (or any nationally recognized rating agency that requires access to information about a Lender’s investment portfolio in which case the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, except connection with ratings issued with respect to such Lender (provided that, prior to any audit or examination conducted by bank accountants or such disclosure, such rating agency shall undertake in writing to preserve the confidentiality of any governmental bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrower, in advance, confidential Information relating to the extent practicable and lawfully permitted to do soLoan Parties), (c) to the extent required by Applicable Laws pursuant to a or regulations or by any subpoena or an order similar legal process; provided that, unless specifically prohibited by Applicable Law or court order, each Lender and the Administrative Agent shall promptly notify the Borrower in advance of any court or administrative agency or in any pending legal or administrative proceeding or process (in which case, the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, to the extent permitted by Applicable Law, inform the Borrower promptly in advance thereof so the Borrower may seek a protective order or take other appropriate action)such disclosure, (d) to any other party hereto, (e) in connection with the exercise of any remedies under this Agreement, hereunder or under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, Agreement or any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, (f) subject to an agreement containing provisions substantially the same as not less restrictive than those of this SectionSection 10.23, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights and or obligations under this AgreementAgreement (provided that, for the avoidance of doubt, to the extent that the list of Prohibited Lenders is made available to all Lenders, the “Information” for purposes of this clause (f)(i) shall include the list of Prohibited Lenders) or (ii) any actual or prospective party counterparty (or its Related Partiesadvisors) to any swap, derivative or other transaction under which payments are to be made by reference Hedge Agreement relating to the Borrower and its obligations, this Agreement or payments hereunder, (iii) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fund, (g) on a confidential basis with the consent of the Borrower, (h) (x) to (i) any Rating Agency solely to the extent required rating agency in connection with rating the Borrower or its Restricted Subsidiaries or the Credit Facility facilities evidenced by this Agreement or (iiy) the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility, (h) with the prior written consent of the Borrowerfacilities evidenced by this Agreement, (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (j) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section 10.23 or (iiy) becomes available to the Administrative Agent, any Lender, any Issuing Lender or any of their respective Affiliates on a nonconfidential basis from a third party that is not, to such Person’s knowledge, subject to confidentiality obligations to source other than the Borrower, (j) for purposes of establishing a “due diligence” defense, (k) to the extent that such information is independently developed developed, so long as not based on information obtained in a manner that would otherwise violate this Section 10.23. In addition, the Agents and the Lenders may disclose the existence of this Agreement and customary information about this Agreement to market data collectors, similar service providers to the lending industry, and service providers to the Agents and the Lenders in connection with the administration and management of this Agreement, the other Loan Documents, the Commitments, and the Credit Extensions; provided that such Person is advised of and agrees to be bound by the Administrative Agent, the applicable Lender or the applicable Issuing Lender or (l) for purposes provisions of establishing a “due diligence” defensethis Section 10.23. For purposes of this SectionSection 10.23, “Information” means all information received from by the Administrative Agent, any Credit Party Lender or any Subsidiary thereof L/C Issuer, as the case may be, from the Borrower or any of its Subsidiaries relating to any Credit Party the Borrower or any Subsidiary thereof of its Subsidiaries or any of their respective businessesbusinesses (including any target company and its Subsidiaries in connection with contemplated or consummated Acquisition or other investment), other than any such information that is available to the Administrative Agent, Agent or any Lender or any Issuing Lender on a nonconfidential basis prior to disclosure by any Credit Party or any Subsidiary thereof other than as a result of a breach of this Section 12.10. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at the time of delivery thereof, any information received from the Borrower or any Subsidiary after the date hereof shall be deemed confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10its Subsidiaries. Any failure by any Person required to maintain the confidentiality of the Administrative Agent, the Issuing Lenders or the Lenders to give any such notice to the Borrower described Information as provided in this Section 12.10 10.23 shall not result in any liability on be considered to have complied with its obligation to do so if such Person has exercised the part same degree of care to maintain the confidentiality of such Information as such Person would accord to its own confidential information. Notwithstanding the foregoing, the Administrative Agent, Agent and the Issuing Lenders or the Lendersagree not to disclose any Information to a Prohibited Lender.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders and the Issuing Lenders L/C Issuers agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates Affiliates, its auditors and to its and its Affiliates’ respective Related Parties on a need to know basis (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential on substantially the same terms as provided hereinconfidential), (b) upon to the request extent required or demand of requested by any regulatory authority purporting to have jurisdiction over such Person or any of its Affiliates Related Parties (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (), in which case the Administrative Agent, the applicable such Lender or the applicable Issuing Lender shall, such L/C Issuer shall (i) except with respect to any audit or examination conducted by bank accountants or any governmental bank governmental, regulatory, or self-regulatory authority exercising examination or regulatory authority, promptly notify the Borrower, in advance, to the extent practicable and lawfully permitted by Law, notify the Company promptly in advance thereof and (ii) use commercially reasonable efforts to do so)ensure that any such Information disclosed is accorded confidential treatment, (c) to the extent required by Applicable Laws applicable laws or regulations, by any compulsory legal process or pursuant to a subpoena or an the order of any court or administrative agency or in any pending legal legal, judicial or administrative proceeding or process (proceeding, in which case, case the Administrative Agent, such Lender or such L/C Issuer shall (i) notify the applicable Lender Company of the proposed disclosure in advance to the extent not prohibited by Law, compulsory legal process or the applicable Issuing administrative agency, provided if the Administrative Agent, such Lender shallor such L/C Issuer is unable to notify the Company in advance of such disclosure, such notice shall be delivered promptly thereafter to the extent practicable and permitted by Applicable Law, inform the Borrower promptly in advance thereof so the Borrower may seek a protective order or take other appropriate action)Law and (ii) use commercially reasonable efforts to ensure that any such Information disclosed is accorded confidential treatment, (d) to any other party hereto, provided that no material non-public information with respect to the Company or its Affiliates, or the respective securities of any of the foregoing, may be disclosed to any Public Lender, (e) in connection with the exercise of any remedies under this Agreement, hereunder or under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, Agreement or any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, (f) subject to an agreement containing provisions substantially the same as those of this SectionSection (it being understood and agreed that any “click through” confidentiality agreement used on SyndTrak is acceptable to the parties hereto for purposes of satisfying the requirements of the exception contemplated in this clause (f)), to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights and obligations under this Agreement, Agreement or any Eligible Assignee invited to be a Lender pursuant to Section 2.16 or (ii) any actual or prospective party (or its Related Parties) to any swap, derivative or other transaction under which payments are to be made by reference to any of the Borrower Borrowers and its their obligations, this Agreement or payments hereunder, (iii) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fund, (g) on a confidential basis to (i) any Rating Agency solely to the extent required rating agency in connection with rating the Borrower Company or its Restricted Subsidiaries or the Credit Facility or credit facilities provided hereunder, (ii) the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring of CUSIP numbers or other market identifiers with respect to the Credit Facilitycredit facilities provided hereunder or (iii) any insurance broker or provider of credit insurance to such Person, (h) with the prior written consent of the BorrowerCompany, or (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (j) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section or (iiy) becomes available to the Administrative Agent, any Lender, any Issuing Lender L/C Issuer or any of their respective Affiliates on a nonconfidential basis from a third party source other than the Company; provided that is notin no event shall any disclosure of Information be made to any Disqualified Institution. In addition, the Administrative Agent and the Lenders may disclose the existence of this Agreement and information about this Agreement to such Person’s knowledgemarket data collectors, subject to confidentiality obligations similar service providers to the Borrower, (k) lending industry and service providers to the extent that such information is independently developed by Administrative Agent and the Administrative AgentLenders in connection with the administration of this Agreement, the applicable Lender or other Loan Documents, and the applicable Issuing Lender or (l) for purposes of establishing a “due diligence” defenseCommitments. For purposes of this Section, “Information” means all information received from any Credit Party the Company or any Subsidiary thereof relating to any Credit Party the Company or any Subsidiary thereof or any of their respective businesses, other than any such information that is available to the Administrative Agent, any Lender or any Issuing Lender L/C Issuer on a nonconfidential basis prior to disclosure by any Credit Party the Company or any Subsidiary thereof other than Subsidiary. Any Person required to maintain the confidentiality of Information as a result of a breach of provided in this Section 12.10. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at the time of delivery thereof, any information received from the Borrower or any Subsidiary after the date hereof shall be deemed considered to have complied with its obligation to do so if such Person has exercised the same degree of care to maintain the confidentiality of such Information as such Person would accord to its own confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10information. Any failure by any Each of the Administrative Agent, the Issuing Lenders and the L/C Issuers acknowledges that (a) the Information may include material non-public information concerning the Company or a Subsidiary, as the Lenders to give any case may be, (b) it has developed compliance procedures regarding the use of material non-public information and (c) it will handle such notice to the Borrower described material non-public information in this Section 12.10 shall not result in any liability on the part of the Administrative Agentaccordance with applicable Law, the Issuing Lenders or the Lendersincluding Canadian federal and provincial securities laws and United States federal and state securities Laws.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders Agent and the Issuing Lenders agrees to maintain the confidentiality of the Information (as defined below)) and to not use the Information for any purpose except in connection with the Loan Documents, except that Information may be disclosed (a) to its Affiliates Affiliates, its auditors and to its Related Parties on a need whom it reasonably determines needs to know basis such information in connection with this Agreement and the transactions contemplated hereby (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential on substantially the same terms as provided hereinconfidential), (b) upon to the request extent required or demand of requested by any regulatory authority purporting to have jurisdiction over such Person or any of its Affiliates Related Parties (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (or in which case the Administrative Agent, the applicable Lender connection with any pledge or the applicable Issuing Lender shall, except with respect to any audit or examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrower, in advance, to the extent practicable and lawfully assignment permitted to do sounder Section 10.06(e), (c) to the extent required by Applicable Laws pursuant to a applicable laws or regulations or by any subpoena or an order of any court or administrative agency or in any pending similar legal or administrative proceeding or process (in which case, the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, case such disclosing Person agrees to the extent permitted by Applicable Law, inform the Borrower promptly in advance thereof prior to such disclosure to the extent not prohibited by law, rule or regulation and to the extent reasonably practicable so that the Borrower may seek a protective order or take other appropriate actionremedy (including by participation in any proceeding to which the Administrative Agent or any such Lender is a party, and each of them hereby agrees to use reasonable effort to permit the Borrower to do so)), (d) to any other party hereto, (e) in connection with the exercise of any remedies under this Agreement, hereunder or under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, Agreement or any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, (f) subject to an agreement (x) containing provisions substantially the same as (or containing provisions more restrictive than) those of this SectionSection 10.07 and (y) listing the Borrower as an express third party beneficiary, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights and or obligations under this Agreement, Agreement (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential) or (ii) any actual or prospective party counterparty (or its Related Parties) to any swap, swap or derivative or other transaction under which payments are to be made by reference relating to the Borrower and its obligations, this Agreement or payments hereunder, obligations (iii) it being understood that the Persons to an investor or prospective investor in an Approved Fund that also agrees that whom such disclosure is made will be informed of the confidential nature of such Information shall be used solely for the purpose of evaluating an investment in and instructed to keep such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved FundInformation confidential), (g) on a confidential basis to (i) the provider of any Rating Agency solely Platform or other electronic delivery service used by the Administrative Agent to deliver Borrower Materials or notices to the extent required in connection with rating the Borrower or its Restricted Subsidiaries or the Credit Facility or Lenders, (iih) the CUSIP Service Bureau or any similar agency solely in connection with the issuance application, issuance, publishing and monitoring of CUSIP numbers or other market identifiers with respect to the Credit Facilitycredit facility provided hereunder, (h) with the prior written consent of the Borrower, or (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (j) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section 10.07 or (iiy) becomes available to the Administrative Agent, any Lender, any Issuing Lender or any of their respective Affiliates from a third party that is not, to such Person’s knowledge, subject to confidentiality obligations to the Borrower, (k) to the extent that such information is independently developed by the Administrative Agent, the applicable Lender or the applicable Issuing Lender or (l) for purposes of establishing a “due diligence” defense. For purposes of this Section, “Information” means all information received from any Credit Party or any Subsidiary thereof relating to any Credit Party or any Subsidiary thereof or any of their respective businesses, other than any such information that is available to the Administrative Agent, any Lender or any Issuing Lender prior to disclosure by any Credit Party or any Subsidiary thereof of their respective Affiliates on a nonconfidential basis from a source other than as a result of a breach the Borrower. For the purposes of this Section 12.10. The parties hereto hereby agree that unless otherwise clearly identified 10.07, “Information” means all information (including financial statements, certificates and reports and analyses, compilations and studies prepared by or on behalf of the Administrative Agent or any Lender based on any of the foregoing) received from or on behalf of the Borrower at the time of delivery thereof, any information received from relating to the Borrower or its Affiliates or its business or relating to any Subsidiary after employee, member or partner or customer of the date hereof Borrower, other than any such information that is or becomes available to the Administrative Agent or any Lender on a nonconfidential basis. Any Person required to maintain the confidentiality of Information as provided in this Section shall be deemed considered to have complied with its obligation to do so if such Person has exercised the same degree of care to maintain the confidentiality of such Information as such Person would accord to its own confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10information. Any failure by any Each of the Administrative Agent, the Issuing Lenders or Agent and the Lenders to give acknowledges that (a) the Information may include material non-public information concerning the Borrower, a Subsidiary, their respective Affiliates or any of their respective securities, as the case may be, (b) it has developed compliance procedures regarding the use of material non-public information and (c) it will handle such notice to the Borrower described material non-public information in this Section 12.10 shall not result in any liability on the part of the Administrative Agentaccordance with applicable Law, the Issuing Lenders or the Lendersincluding United States Federal and state securities Laws.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders and the Issuing Lenders L/C Issuers agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates and to its Related Parties on a need to know basis (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential on substantially the same terms and such disclosure is in connection with such disclosing Person acting as provided hereinAdministrative Agent or Lender), (b) upon to the request extent required or demand of requested by any regulatory authority purporting to have jurisdiction over such Person or any of its Affiliates Related Parties (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (in which case the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, except with respect to any audit or examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrower, in advancedisclosing party agrees, to the extent practicable and lawfully permitted by applicable law, to do sonotify the Borrower promptly prior to such disclosure), (c) to the extent required by Applicable Laws pursuant to a applicable laws or regulations or by any subpoena or an order of any court or administrative agency or in any pending similar legal or administrative proceeding or process (in which case, the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, to the extent permitted by Applicable Law, inform the Borrower promptly in advance thereof so the Borrower may seek a protective order or take other appropriate action)process, (d) to any other party hereto, (e) in connection with the exercise of any remedies under this Agreement, hereunder or under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, Agreement or any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, (f) subject to an agreement containing provisions substantially the same as those of this SectionSection 10.07, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights and obligations under this Agreement (in each case, other than any Disqualified Institution unless such Disqualified Institution has or may become an assignee of or Participant in its rights and obligations under this Agreement at a time it was or is permitted to do so under the terms of this Agreement, ) or any Eligible Assignee invited to be a Lender pursuant to Section 10.01 or (ii) any actual or prospective party (or its Related Parties) (in each case, other than any Disqualified Institution unless such Disqualified Institution has or may become such a party at a time it was or is permitted to do so under the terms of this Agreement) to any swap, derivative or other transaction under which payments are to be made by reference to the Borrower and its obligations, this Agreement or payments hereunder, (iii) to an investor or prospective investor in an Approved Fund except that also agrees that Information no such agreement shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund required in connection with the administration, servicing and reporting disclosure to any such Person of the names of the Disqualified Institutions or the tax identification numbers of the Loan Parties posted on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved FundPlatform, (g) on a confidential basis to (i) any Rating Agency solely to the extent required in connection with rating the Borrower or its Restricted Subsidiaries or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring of CUSIP numbers or other market identifiers with respect to the Credit Facilitycredit facilities provided hereunder, (h) with the prior written consent of the Borrower, Borrower or (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (j) to the extent such Information (iy) becomes publicly available other than as a result of a breach of this Section 10.07 or (iiz) becomes available to the Administrative Agent, any Lender, any Issuing Lender L/C Issuer or any of their respective Affiliates on a nonconfidential basis from a third party that is notsource other than the Borrower or another Loan Party. In addition, the Administrative Agent and the Lenders may disclose the existence of this Agreement and information about this Agreement to such Person’s knowledgemarket data collectors, subject to confidentiality obligations similar service providers to the Borrower, (k) lending industry and service providers to the extent that such information is independently developed by Administrative Agent and the Administrative AgentLenders in connection with the administration of this Agreement, the applicable Lender or other Loan Documents, the applicable Issuing Lender or (l) for purposes of establishing a “due diligence” defenseRevolving Facility and the Term Facility. For purposes of this Section, “Information” means all information received from any Credit Party the Borrower or any Subsidiary thereof relating to any Credit Party the Borrower or any Subsidiary thereof or any of their respective businesses, other than any such information that is available to the Administrative Agent, any Lender or any Issuing Lender L/C Issuer on a nonconfidential basis prior to disclosure by any Credit Loan Party or any Subsidiary thereof, provided that, in the case of information received from any Loan Party or any Subsidiary thereof other than as a result of a breach of this Section 12.10. The parties hereto hereby agree that unless otherwise after the date hereof, such information is clearly identified by the Borrower at the time of delivery thereof, any information received from as confidential. Any Person required to maintain the Borrower or any Subsidiary after the date hereof confidentiality of Information as provided in this Section 10.07 shall be deemed considered to have complied with its obligation to do so if such Person has exercised the same degree of care to maintain the confidentiality of such Information as such Person would accord to its own confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10information. Any failure by any Each of the Administrative Agent, the Issuing Lenders or and the Lenders to give any such notice to L/C Issuers acknowledges that (a) the Information may include material non-public information concerning the Borrower described or a Subsidiary, as the case may be, (b) it has developed compliance procedures regarding the use of material non- public information and (c) it will handle such material non-public information in this Section 12.10 shall not result in any liability on the part of the Administrative Agentaccordance with applicable Law, the Issuing Lenders or the Lendersincluding United States Federal and state securities Laws.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders Agent and the Issuing Lenders each other Lending Party each agrees to maintain the confidentiality of the Information (as defined below)Information, except that Information may be disclosed (including by means of the Electronic Platform): (a) to its Affiliates and to its Related Parties on a need to know basis and its Affiliates’ respective partners, directors, officers, employees, agents, advisors, representatives and funding and financing sources (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed agree to keep such Information confidential on substantially the same terms as provided herein), ; (b) upon to the request or demand of extent requested by any regulatory authority Governmental Authority purporting to have jurisdiction over such Person or any of its Affiliates it (including The Community Development Financial Institutions Fund of the United States Department of Treasury and the Georgia Department of Community Affairs, and any self-regulatory authority, such as the National Association of Insurance Commissioners) (in which case the Administrative Agent), the applicable Lender or the applicable Issuing Lender shall, except with respect to any audit or examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrower, in advance, provided that to the extent practicable and lawfully permitted by applicable Law, Administrative Agent will use reasonably commercial efforts to do so)provide Administrative Loan Party with notice of any such request so received prior to the release thereof, however, Administrative Agent’s failure to so provide such notice (or any notice) will not be deemed a violation of any obligation of Administrative Agent to Borrowers hereunder or otherwise expose Administrative Agent to any claim or liability to any Person as a result of such failure; (c) to the extent required by Applicable applicable Laws pursuant to a or by any subpoena or an order of any court or administrative agency or in any pending similar legal or administrative proceeding or process (in which caseprocess, the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, provided that to the extent permitted by Applicable applicable Law, inform Administrative Agent will use reasonably commercial efforts to provide Administrative Loan Party with notice of any such required disclosure prior to the Borrower promptly in advance thereof release thereof, however, Administrative Agent’s failure to so the Borrower may seek provide such notice (or any notice) will not be deemed a protective order violation of any obligation of Administrative Agent to Borrowers hereunder or take other appropriate action), otherwise expose Administrative Agent to any claim or liability to any Person as a result of such failure; (d) to any other party hereto, ; (e) in connection with the exercise of any remedies under this Agreement, hereunder or under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding Proceeding relating to this Agreement, Agreement or any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, ; (f) to “Gold Sheets” or other similar bank trade publications; provided that such information consist solely of deal terms and other information customarily found in such publications; (g) unless an Event of Default has occurred and is continuing, subject to an agreement containing provisions substantially the same as those of this Section, to Section 10.07 to: (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights and or obligations under this Agreement, ; or (ii) any actual or prospective party counterparty (or its Related Partiesadvisors) to any swap, swap or derivative or other transaction under which payments are relating to be made by reference to the Borrower and its obligations, this Agreement or payments hereunder, (iii) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the any Loan Documents in connection with ratings issued with respect to an Approved Fund, (g) on a confidential basis to (i) any Rating Agency solely to the extent required in connection with rating the Borrower or its Restricted Subsidiaries or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility, Party; (h) with the prior written consent of the Borrower, Borrowers; or (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (j) to the extent such Information Information: (i) becomes publicly available other than as a result of a breach of this Section 10.07; or (ii) becomes available to the Administrative Agent, any Lender, any Issuing Lender Lending Party or any of their respective Affiliates on a non-confidential basis from a third party that is not, to such Person’s knowledge, subject to confidentiality obligations to the Borrower, (k) to the extent that such information is independently developed by the Administrative Agent, the applicable Lender or the applicable Issuing Lender or (l) for purposes source other any Loan Party and not in contravention of establishing a “due diligence” defensethis Section 10.07. For purposes of this SectionSection 10.07, “Information” means all information received from any Credit Party or any Subsidiary thereof relating to any Credit Party or any Subsidiary thereof or any of their respective businesses, other than any such information that is available to the Administrative Agent, any Lender or any Issuing Lender prior to disclosure by any Credit Party or any Subsidiary thereof other than as a result of a breach of this Section 12.10. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at the time of delivery thereof, any information received from the Borrower or any Subsidiary after the date hereof shall be deemed confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10. Any failure by any of the Administrative Agent, the Issuing Lenders or the Lenders to give any such notice to the Borrower described in this Section 12.10 shall not result in any liability on the part of the Administrative Agent, the Issuing Lenders or the Lenders.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders and the Issuing Lenders L/C Issuer agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates and to its and its Related Parties on a need to know basis (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential on substantially the same terms as provided hereinconfidential), (b) upon to the request extent required or demand of requested by any regulatory authority purporting to have jurisdiction over such Person or any of its Affiliates Related Parties (including any self-regulatory authority, such as the National Association of Insurance Commissioners) ); provided that in the case of any such disclosure made pursuant to this clause (in which case the Administrative Agentb), the applicable Lender disclosing party shall provide the Borrowing Agent with prompt written notice of any such request or requirement (if such notice is permitted) so that the applicable Issuing Lender shallLoan Parties or its related entities may seek a preliminary or other protective order or other appropriate remedy, except that no such notice shall be required in connection with respect to any audit or examination conducted customary examinations of a Lender by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrower, in advance, to the extent practicable and lawfully permitted to do so)its regulators, (c) to the extent required by Applicable Laws applicable laws or regulations or by any subpoena or similar legal process; provided that in the case of any such disclosure made pursuant to a subpoena or an order this clause (c), the disclosing party shall provide the Borrowing Agent with prompt written notice of any court such request or administrative agency requirement (if such notice is permitted) so that the Loan Parties or in any pending legal or administrative proceeding or process (in which case, the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, to the extent permitted by Applicable Law, inform the Borrower promptly in advance thereof so the Borrower its related entities may seek a preliminary or other protective order or take other appropriate action)remedy, except that no such notice shall be required in connection with customary examinations of a Lender by its regulators, (d) to any other party hereto, (e) in connection with the exercise of any remedies under this Agreement, hereunder or under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, Agreement or any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, (f) subject to an agreement containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights and obligations under this Agreement, Agreement or any Eligible Assignee invited to be a Lender pursuant to Section 2.15(c) or (ii) any actual or prospective party (or its Related Parties) to any swap, derivative or other transaction under which payments are to be made by reference to the a Borrower and its obligations, this Agreement or payments hereunder, (iii) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fund, (g) on a confidential basis to (i) any Rating Agency solely to the extent required rating agency in connection with rating the a Borrower or its Restricted Subsidiaries or the Credit Facility credit facilities provided hereunder or (ii) the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring of CUSIP numbers or other market identifiers with respect to the Credit Facilitycredit facilities provided hereunder, (h) with the prior written consent of the Borrower, Company or the Borrowing Agent or (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (j) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section or (iiy) becomes available to the Administrative Agent, any Lender, any Issuing Lender the L/C Issuer or any of their respective Affiliates on a nonconfidential basis from a third party that is not, to such Person’s knowledge, subject to confidentiality obligations to source other than the Borrower, (k) to the extent that such information is independently developed by the Administrative Agent, the applicable Lender or the applicable Issuing Lender or (l) for purposes of establishing a “due diligence” defenseCompany. For purposes of this Section, “Information” means all information received from any Credit Party the Company or any Subsidiary thereof relating to any Credit Party the Company or any Subsidiary thereof or any of their respective businesses, other than any such information that is available to the Administrative Agent, any Lender or any Issuing Lender the L/C Issuer on a nonconfidential basis prior to disclosure by any Credit Party the Company or any Subsidiary thereof other than as a result Subsidiary, provided that, in the case of a breach of this Section 12.10. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at the time of delivery thereof, any information received from the Borrower Company or any Subsidiary after the date hereof hereof, such information is clearly identified at the time of delivery as confidential. Any Person required to maintain the confidentiality of Information as provided in this Section shall be deemed considered to have complied with its obligation to do so if such Person has exercised the same degree of care to maintain the confidentiality of such Information as such Person would accord to its own confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10information. Any failure by any Each of the Administrative Agent, the Issuing Lenders and the L/C Issuer acknowledges that (a) the Information may include material non-public information concerning the Company or a Subsidiary, as the Lenders to give any case may be, (b) it has developed compliance procedures regarding the use of material non-public information and (c) it will handle such notice to the Borrower described material non-public information in this Section 12.10 shall not result in any liability on the part of the Administrative Agentaccordance with applicable Law, the Issuing Lenders or the Lendersincluding United States Federal and state securities Laws.

Treatment of Certain Information; Confidentiality. Each (a) The Guarantor acknowledges that from time to time financial advisory, investment banking and other services may be offered or provided to the Guarantor or one or more of its Subsidiaries (in connection with this Agreement or otherwise) by any Lender or by one or more subsidiaries or affiliates of such Lender. The Guarantor hereby agrees that, in the Motorola Guarantee Agreement 121 - 19 - event any such services are provided to the Guarantor or any of its Subsidiaries, each Lender providing such services is authorized to share any information delivered to such Lender by the Guarantor and its Subsidiaries pursuant to this Agreement, or in connection with the decision of such Lender to enter into the Credit Agreement, to any such subsidiary or affiliate providing such services, provided that any such subsidiary or affiliate receiving such information agrees to be bound by the provisions of paragraph (b) below as if it were a Lender. Such authorization shall survive the repayment of the Administrative Agent, the Lenders Loans and the Issuing Lenders agrees to maintain the confidentiality termination of the Commitments. (b) By accepting the benefits of this Agreement, each Lender, each Agent and each Global Lead Arranger agrees (on behalf of itself and each of its affiliates, directors, officers, employees and representatives) to restrict dissemination of any Confidential Information (as defined below)) only to those of its directors, except that Information may be disclosed (a) to its Affiliates officers, employees and representatives who are involved in the evaluation of such information, and to its Related Parties on a need to know basis (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed use reasonable precautions to keep such Information information confidential, in accordance with its customary procedures for handling confidential on substantially information of the same terms nature and in accordance with safe and sound banking practices. For purposes of this Agreement, "Confidential Information" shall mean any non-public information supplied to it by the Guarantor pursuant to this Agreement, that is identified (in writing, in the case of written information) by the Guarantor as being confidential at the time the same is delivered to the Lenders, the Agents or the Global Lead Arrangers, provided hereinthat nothing herein shall limit the disclosure of any such information by any Lender, Agent or Global Lead Arranger (i) after such information shall have become public (other than through a violation of this Section 5.12 by such Lender, Agent or Global Lead Arranger), (b) upon the request or demand of any regulatory authority purporting to have jurisdiction over such Person or any of its Affiliates (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (in which case the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, except with respect to any audit or examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrower, in advance, to the extent practicable and lawfully permitted to do so), (cii) to the extent required by Applicable Laws pursuant to a subpoena statute, rule, regulation or an order of any court or administrative agency or in any pending legal or administrative proceeding or process (in which case, the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, to the extent permitted by Applicable Law, inform the Borrower promptly in advance thereof so the Borrower may seek a protective order or take other appropriate action), (d) to any other party hereto, (e) in connection with the exercise of any remedies under this Agreement, under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, (f) subject to an agreement containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights and obligations under this Agreement, (ii) any actual or prospective party (or its Related Parties) to any swap, derivative or other transaction under which payments are to be made by reference to the Borrower and its obligations, this Agreement or payments hereunderjudicial process, (iii) to an investor counsel or prospective investor in an Approved Fund other experts for any of the Lenders, Agents or Global Lead Arrangers, provided that also agrees that Information such counsel or experts shall be used solely for bound by the purpose requirements of evaluating an investment in this Section 5.12(b) with respect to any such Approved Fundinformation, (iv) to a trusteebank examiners (or any other regulatory authority having jurisdiction over any Lender, collateral managerAgent or Global Lead Arranger), serviceror to auditors or accountants, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely any Global Lead Arranger, any Agent or any other Lender (or to the extent it requires access any of their respective affiliates), provided that any such disclosure to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fund, (g) any such affiliate shall be made on a confidential "need to know" basis to only for use by such affiliate (iand each of its officers, directors and employees) any Rating Agency solely to the extent required in connection with rating the Borrower or its Restricted Subsidiaries or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency solely in connection with the issuance transactions contemplated by this Agreement and monitoring each such affiliate (and each of CUSIP numbers its officers, directors and employees) shall agree (for the benefit of the Guarantor) to be bound to keep such information confidential on the same terms as set forth in this Section 5.12), (vi) in connection with any litigation to which any one or more of the Lenders, the Global Lead Arrangers or the Agents is a party, or in connection with the enforcement of rights or remedies hereunder or under any other Credit Document, provided that the party intending to make such disclosure shall use reasonable efforts to cooperate with the Guarantor to reasonably minimize the extent of any such disclosure or to obtain confidential treatment of information to be disclosed, (vii) to a subsidiary or affiliate of such Lender as provided in paragraph (a) above or (viii) to any assignee or participant (or prospective assignee or participant) so long as such assignee or participant (or prospective assignee or participant) first executes and delivers to the respective Lender, the Guarantor and the Company a confidentiality agreement containing substantially the same provisions as those in this Section 5.12 (or executes and delivers to such Lender, the Guarantor and the Company an acknowledgement to the effect that it is bound by the provisions of this Section 5.12(b)); provided, further, that in no event shall any Lender, Agent or Global Lead Arranger be obligated or required to return any materials furnished by the Guarantor hereunder except to the extent it has agreed to do so in writing in conjunction with the receipt of such information. The obligations of any assignee that has executed a confidentiality agreement as provided above shall be superseded by this Section 5.12 with respect to the Credit Facility, (hmatters covered hereby on the date upon which such assignee becomes a Lender pursuant to Section 11.06(b) with the prior written consent of the Borrower, (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (j) to the extent such Information (i) becomes publicly available other than as a result of a breach of this Section or (ii) becomes available to the Administrative Agent, any Lender, any Issuing Lender or any of their respective Affiliates from a third party that is not, to such Person’s knowledge, subject to confidentiality obligations to the Borrower, (k) to the extent that such information is independently developed by the Administrative Agent, the applicable Lender or the applicable Issuing Lender or (l) for purposes of establishing a “due diligence” defense. For purposes of this Section, “Information” means all information received from any Credit Party or any Subsidiary thereof relating to any Credit Party or any Subsidiary thereof or any of their respective businesses, other than any such information that is available to the Administrative Agent, any Lender or any Issuing Lender prior to disclosure by any Credit Party or any Subsidiary thereof other than as a result of a breach of this Section 12.10. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at the time of delivery thereof, any information received from the Borrower or any Subsidiary after the date hereof shall be deemed confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10. Any failure by any of the Administrative Agent, the Issuing Lenders or the Lenders to give any such notice to the Borrower described in this Section 12.10 shall not result in any liability on the part of the Administrative Agent, the Issuing Lenders or the LendersAgreement.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders and the Issuing Lenders L/C Issuers agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates and to its Related Parties on a need to know basis (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential on substantially the same terms and such disclosure is in connection with such disclosing Person acting as provided hereinAdministrative Agent or Lender), (b) upon to the request extent required or demand of requested by any regulatory authority purporting to have jurisdiction over such Person or any of its Affiliates Related Parties (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (in which case the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, except with respect to any audit or examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrower, in advancedisclosing party agrees, to the extent practicable and lawfully permitted by applicable law, to do sonotify the Borrower promptly prior to such disclosure), (c) to the extent required by Applicable Laws pursuant to a applicable laws or regulations or by any subpoena or an order of any court or administrative agency or in any pending similar legal or administrative proceeding or process (in which case, the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, to the extent permitted by Applicable Law, inform the Borrower promptly in advance thereof so the Borrower may seek a protective order or take other appropriate action)process, (d) to any other party hereto, (e) in connection with the exercise of any remedies under this Agreement, hereunder or under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, Agreement or any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, (f) subject to an agreement containing provisions substantially the same as those of this SectionSection 10.07, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights and obligations under this Agreement (in each case, other than any Disqualified Institution unless such Disqualified Institution has or may become an assignee of or Participant in its rights and obligations under this Agreement at a time it was or is permitted to do so under the terms of this Agreement, ) or any Eligible Assignee invited to be a Lender pursuant to Section 10.01 or (ii) any actual or prospective party (or its Related Parties) (in each case, other than any Disqualified Institution unless such Disqualified Institution has or may become such a party at a time it was or is permitted to do so under the terms of this Agreement) to any swap, derivative or other transaction under which payments are to be made by reference to the Borrower and its obligations, this Agreement or payments hereunder, (iii) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fund, (g) on a confidential basis to (i) any Rating Agency solely to the extent required in connection with rating the Borrower or its Restricted Subsidiaries or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility, (h) with the prior written consent of the Borrower, (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (j) to the extent such Information (i) becomes publicly available other than as a result of a breach of this Section or (ii) becomes available to the Administrative Agent, any Lender, any Issuing Lender or any of their respective Affiliates from a third party that is not, to such Person’s knowledge, subject to confidentiality obligations to the Borrower, (k) to the extent that such information is independently developed by the Administrative Agent, the applicable Lender or the applicable Issuing Lender or (l) for purposes of establishing a “due diligence” defense. For purposes of this Section, “Information” means all information received from any Credit Party or any Subsidiary thereof relating to any Credit Party or any Subsidiary thereof or any of their respective businesses, other than any such information that is available to the Administrative Agent, any Lender or any Issuing Lender prior to disclosure by any Credit Party or any Subsidiary thereof other than as a result of a breach of this Section 12.10. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at the time of delivery thereof, any information received from the Borrower or any Subsidiary after the date hereof shall be deemed confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10. Any failure by any of the Administrative Agent, the Issuing Lenders or the Lenders to give any such notice to the Borrower described in this Section 12.10 shall not result in any liability on the part of the Administrative Agent, the Issuing Lenders or the Lenders.its

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders and the Issuing Lenders L/C Issuer agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates and to its Related Parties and its Affiliates’ respective partners, directors, officers, employees, agents, advisors and other representatives on a “need to know basis basis” (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential on substantially confidential) solely in connection with the same terms transactions contemplated or permitted hereby; provided that the Administrative Agent, the Lenders or the L/C Issuer, as provided herein)the case may be, shall be responsible for its Affiliates’ compliance with this clause, (b) upon to the request or demand of extent requested by any regulatory authority purporting to have jurisdiction over such Person or any of its Affiliates it (including any self-regulatory authority, such as the National Association of Insurance CommissionersCommissioners or any similar organization) (or any nationally recognized rating agency that requires access to information about a Lender’s investment portfolio in which case the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, except connection with ratings issued with respect to such Lender (provided that, prior to any audit or examination conducted by bank accountants or such disclosure, such rating agency shall undertake in writing to preserve the confidentiality of any governmental bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrower, in advance, confidential Information relating to the extent practicable and lawfully permitted to do soLoan Parties), (c) to the extent required by Applicable Laws pursuant to a or regulations or by any subpoena or an order similar legal process; provided that, unless specifically prohibited by Applicable Law or court order, each Lender and the Administrative Agent shall promptly notify the Borrower in advance of any court or administrative agency or in any pending legal or administrative proceeding or process (in which case, the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, to the extent permitted by Applicable Law, inform the Borrower promptly in advance thereof so the Borrower may seek a protective order or take other appropriate action)such disclosure, (d) to any other party hereto, (e) in connection with the exercise of any remedies under this Agreement, hereunder or under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, Agreement or any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, (f) subject to an agreement containing provisions substantially the same as those of this SectionSection 10.23, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights and or obligations under this Agreement, Agreement or (ii) any actual or prospective party counterparty (or its Related Partiesadvisors) to any swap, derivative or other transaction under which payments are to be made by reference Hedge Agreement relating to the Borrower and its obligations, this Agreement or payments hereunder, (iii) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fund, (g) on a confidential basis to (i) any Rating Agency solely to with the extent required in connection with rating consent of the Borrower or its Restricted Subsidiaries or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility, (h) with the prior written consent of the Borrower, (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (j) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section 10.23 or (iiy) becomes available to the Administrative Agent, any Lender, any Issuing Lender or any of their respective Affiliates on a nonconfidential basis from a third party that is not, to such Person’s knowledge, subject to confidentiality obligations to source other than the Borrower, Borrower (k) except to the extent that such information is independently developed by Information was available to the Administrative Agent, the applicable any Lender or any of their Affiliates as a result of Administrative Agent’s, any Lender’s or their Affiliates’ ownership interests in the applicable Issuing Lender Business or (l) for purposes of establishing a “due diligence” defensethe Borrower). For purposes of this SectionSection 10.23, “Information” means all information received by the Administrative Agent, any Lender or the L/C Issuer, as the case may be, from any Credit Party the Borrower or any Subsidiary thereof of its Subsidiaries relating to any Credit Party the Borrower or any Subsidiary thereof of its Subsidiaries or any of their respective businesses, other than any such information that is available to the Administrative Agent, Agent or any Lender or any Issuing Lender on a nonconfidential basis prior to disclosure by any Credit Party or any Subsidiary thereof other than as a result of a breach of this Section 12.10. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at the time of delivery thereof, any information received from the Borrower or any Subsidiary after of its Subsidiaries. Any Person required to maintain the date hereof confidentiality of Information as provided in this Section shall be deemed considered to have complied with its obligation to do so if such Person has exercised the same degree of care to maintain the confidentiality of such Information as such Person would accord to its own confidential unless information. Notwithstanding the foregoing, the Administrative Agent and the Lenders agree not to disclose any Information to a (i) Prohibited Lender or (ii) any of their respective Affiliates or any of their and their Affiliates’ officers, directors or employees that (x) are engaged as principles primarily in private equity or venture capital on a proprietary bases (other than, in each case, such information shall already be publicly available other than as a result of a breach of this Section 12.10. Any failure Affiliates engaged by the Borrower with respect to the Transactions or any debt fund affiliates or any advisors thereto) or (y) to the knowledge of the Administrative Agent, the Issuing Lenders or the Lenders to give L/C Issuer, as the case may be, are engaged in businesses competing with the Borrower (including any such notice Affiliate which has been previously identified in writing to the Borrower described Joint Lead Arrangers as such); provided that nothing contained in this Section 12.10 10.23 shall not result in prohibit the disclosure of such Information to any liability on the part officers, directors or employees of any Affiliate of the Administrative Agent, the Issuing Lenders or the LendersL/C Issuer, as the case may be, who reasonably need to know such Information for purposes of evaluating, negotiating, enforcing or consummating any of the transactions contemplated hereby, so long as, such Information is used solely for such purposes. By: /s/ Xxxx Xxxxxxxxx Name: Xxxx Xxxxxxxxx Title: Chief Financial Officer JPMORGAN CHASE BANK, N.A., as Administrative Agent and Collateral Agent and a Lender By: /s/ Xxx X. Xxxxx Name: Xxx X. Xxxxx Title: Vice President FIFTH THIRD BANK, as Syndication Agent and a Lender By: /s/ Xxxxxxx X. Xxxxxxx, Xx. Name: Xxxxxxx X. Xxxxxxx, Xx. Title: Vice President CREDIT SUISSE SECURITIES (USA) LLC, as Co-Documentation Agent and a Lender By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Director DEUTSCHE BANK SECURITIES INC., as Co-Documentation Agent and a Lender By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Managing Director By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Director XXXXXX XXXXXXX MUFG LOAN PARTNERS, LLC, as Co-Documentation Agent By: /s/ Xxxxxxx Xxxxx Name: Xxxxxxx Xxxxx Title: Authorized Signatory CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH, as Lender By: /s/ Xxxx Toronto Name: Xxxx Toronto Title: Managing Director By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Associate Deutsche Bank Trust Company Americas, as Lender By: /s/ Xxxxxx Xxxxxxx Name: Xxxxxx Xxxxxxx Title: Director By: /s/ Xxxxxx Xxxxxxxx Name: Xxxxxx Xxxxxxxx Title: Director XXXXXXX SACHS BANK USA, as Lender By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Authorized Signatory Citibank, N.A., as Lender By: /s/ Xxxxxx Xxxxx Name: Xxxxxx Xxxxx Title: Senior Vice President Citibank N.A. PNC Bank, National Association, as Lender By: /s/ C. Xxxxxx Xxxxxxxxxx Name: C. Xxxxxx Xxxxxxxxxx Title: Senior Vice President Sumitomo Mitsui Banking Corporation, as Lender By: /s/ Xxxxx X. Xxx Name: Xxxxx X. Xxx Title: Managing Director XXXXX FARGO BANK, NATIONAL ASSOCIATION as Lender By: /s/ Xxxxxxx Xxxxxxxx Name: Xxxxxxx Xxxxxxxx Title: Assistant Vice President Xxxxxx Xxxxxxx Bank, N.A., as Lender By: /s/ Xxxxxxxx Xxxxx Name: Xxxxxxxx Xxxxx Title: Authorized Signatory Xxxxxx Xxxxxxx Senior Funding, Inc.., as Lender By: /s/ Xxxxxxxx Xxxxx Name: Xxxxxxxx Xxxxx Title: Vice President THE BANK OF TOKYO-MITSUBISHI UFJ, LTD., as Lender By: /s/ Xxxxxx Xxxxxxxxxxxx Name: Xxxxxx Xxxxxxxxxxxx Title: Authorized Signatory BBVA Compass, as Lender By: /s/ Xxxx Xxxxx Xxxx Xxxxx Senior Vice President UBS LOAN FINANCE LLC, as Lender By: /s/ Xxxx X. Xxxx Name: Xxxx X. Xxxx Title: Associate Director By: /s/ Xxxx X. Xxxxx Name: Xxxx X. Xxxxx Title: Associate Director Xxxxxxx Xxxxx Bank, N.A., as Lender By: /s/ Xxxx X. Xxxx Name: Xxxx X. Xxxx Title: Sr. Vice President Comercia Bank, as Lender By: /s/ Xxxx X. Xxxx Name: Xxxxxxx X’Xxxxxx Title: Vice President MIZUHO CORPORATE BANK, LTD., as Lender By: /s/ Xxxxx X. Xxxxx Name: Xxxxx X. Xxxxx Title: Deputy General Manager RBS CITIZENS, N.A., as Lender By: /s/ Xxxxxxx X. Xxxxxxxxxx Name: Xxxxxxx X. Xxxxxxxxxx Title: Senior Vice President FIRST HAWAIIAN BANK, as Lender By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Vice President City National Bank, n.a., as Lender By: /s/ Xxxxxxx Xxxx Name: Xxxxxxx Xxxx Title: Vice President First Niagara Bank, N.A., as Lender By: /s/ Xxx Xxxxxxx Name: Xxx Xxxxxxx Title: Vice President FirstMerit Bank, N.A., as Lender By: /s/ Xxx Xxxxxxx Name: Xxx Xxxxxxx Title: Vice President American Savings Bank, F.S.B., as Lender By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Senior Vice President Bank of America, N.A., as Lender By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Managing Director FIRST COMMONWEALTH BANK, as Lender By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx X. Xxxxxxx Title: Vice President TAIWAN COOPERATIVE BANK SEATTLE BRANCH, as Lender By: /s/ Ming-Xxxx Xxxx Name: Ming-Xxxx Xxxx Title: VP & General Manager Modern Bank, N.A., as Lender By: /s/ Xxxxxx Xxxxxxx Name: Xxxxxx Xxxxxxx Title: Senior Vice President Deputy Chief Credit Officer Attention: Reference is made to the Loan Agreement, dated as of March 27, 2012, among VANTIV, LLC, a Delaware limited liability company, the Lenders party thereto from time to time, JPMorgan Chase Bank, N.A., as Administrative Agent and the other agents party thereto (as extended, renewed, amended, restated, amended and restated, supplemented or otherwise modified, the “Loan Agreement”). Capitalized terms used herein and not defined herein have the meanings assigned to them in the Loan Agreement. [The Borrower has failed to pay its Reimbursement Obligation in the amount of $ . Your Revolver Percentage of the unpaid Reimbursement Obligation is $ ] or [the L/C Issuer has been required to return a payment by the Borrower of a Reimbursement Obligation in the amount of $ . Your Revolver Percentage of the returned Reimbursement Obligation is $ .] Very truly yours, JPMORGAN CHASE BANK, N.A., as L/C Issuer By Name Title To: JPMorgan Chase Bank, N.A., as Administrative Agent for the Lenders parties to the Loan Agreement dated as of March 27, 2012 (as extended, renewed, amended, restated, amended and restated, supplemented or otherwise modified from time to time, the “Loan Agreement”), among vantiv, LLC, a Delaware limited liability company (the “Borrower”), the Lenders party thereto from time to time, JPMorgan Chase Bank, N.A., as Administrative Agent, and the other agents party thereto Ladies and Gentlemen: The undersigned, the Borrower, refers to the Loan Agreement, the terms defined therein being used herein as therein defined, and hereby gives you notice irrevocably, pursuant to Section 2.5 of the Loan Agreement, of the Borrowing of Loans specified below: 1. The Business Day of the proposed Borrowing is , . 2. The aggregate amount of the proposed Borrowing is $ .(2) 3. The Borrowing is being advanced under the [Revolving Facility][Tranche A Term Facility] [Tranche B Term Facility]. 4. The Borrowing is to be comprised of [Base Rate] [Eurodollar] Loans.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders and the Issuing Lenders L/C Issuer agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates and to its and its Related Parties on a need to know basis (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential on substantially the same terms as provided hereinconfidential), (b) upon to the request extent required or demand of requested by any regulatory authority purporting to have jurisdiction over such Person or any of its Affiliates Related Parties (including any self-regulatory authority, such as the National Association of Insurance Commissioners) ); provided that in the case of any such disclosure made pursuant to this clause (in which case the Administrative Agentb), the applicable Lender disclosing party shall provide the Borrowing Agent with prompt written notice of any such request or requirement (if such notice is permitted) so that the applicable Issuing Lender shallLoan Parties or its related entities may seek a preliminary or other protective order or other appropriate remedy, except that no such notice shall be required in connection with respect to any audit or examination conducted customary examinations of a Lender by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrower, in advance, to the extent practicable and lawfully permitted to do so)its regulators, (c) to the extent required by Applicable Laws applicable laws or regulations or by any subpoena or similar legal process; provided that in the case of any such disclosure made pursuant to a subpoena or an order this clause (c), the disclosing party shall provide the Borrowing Agent with prompt written notice of any court such request or administrative agency requirement (if such notice is permitted) so that the Loan Parties or in any pending legal or administrative proceeding or process (in which case, the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, to the extent permitted by Applicable Law, inform the Borrower promptly in advance thereof so the Borrower its related entities may seek a preliminary or other protective order or take other appropriate action)remedy, except that no such notice shall be required in connection with customary examinations of a Lender by its regulators, (d) to any other party hereto, (e) in connection with the exercise of any remedies under this Agreement, hereunder or under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, Agreement or any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, (f) subject to an agreement containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights and obligations under this Agreement, Agreement or any Eligible Assignee invited to be a Lender pursuant to Section 2.15(c) or (ii) any actual or prospective party (or its Related Parties) to any swap, derivative or other transaction under which payments are to be made by reference to the a Borrower and its obligations, this Agreement or payments hereunder, (iii) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fund, (g) on a confidential basis to (i) any Rating Agency solely to the extent required rating agency in connection with rating the a Borrower or its Restricted Subsidiaries or the Credit Facility credit facilities provided hereunder or (ii) the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring of CUSIP numbers or other market identifiers with respect to the Credit Facilitycredit facilities provided hereunder, (h) with the prior written consent of the Borrower, Company or the Borrowing Agent or (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (j) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section or (iiy) becomes available to the Administrative Agent, any Lender, any Issuing Lender the L/C Issuer or any of their respective Affiliates on a nonconfidential basis from a third party that is not, to such Person’s knowledge, subject to confidentiality obligations to the Borrower, (k) to the extent that such information is independently developed by the Administrative Agent, the applicable Lender or the applicable Issuing Lender or (l) for purposes of establishing a “due diligence” defense. For purposes of this Section, “Information” means all information received from any Credit Party or any Subsidiary thereof relating to any Credit Party or any Subsidiary thereof or any of their respective businesses, source other than any such information that is available to the Administrative Agent, any Lender or any Issuing Lender prior to disclosure by any Credit Party or any Subsidiary thereof other than as a result of a breach of this Section 12.10. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at the time of delivery thereof, any information received from the Borrower or any Subsidiary after the date hereof shall be deemed confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10. Any failure by any of the Administrative Agent, the Issuing Lenders or the Lenders to give any such notice to the Borrower described in this Section 12.10 shall not result in any liability on the part of the Administrative Agent, the Issuing Lenders or the LendersCompany.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders and the Issuing Lenders L/C Issuer agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates and to its Related Parties on a need to know basis and its Affiliates’ respective partners, directors, officers, employees, agents, trustees, advisors and representatives (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential on substantially the same terms as provided hereinconfidential), (b) upon to the request or demand of extent requested by any regulatory authority purporting to have jurisdiction over such Person or any of its Affiliates it (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (in which case the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, except with respect to any audit or examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrower, in advance, to the extent practicable and lawfully permitted to do so), (c) to the extent required by Applicable Laws pursuant to a applicable laws or regulations or by any subpoena or an order of any court or administrative agency or in any pending similar legal or administrative proceeding or process (in which caseprocess, provided that the Administrative Agent, the applicable such Lender or the L/C Issuer, as the case may be, shall, at the sole cost and expense of the Company, request confidential treatment of such Confidential Information to the extent practicable and permitted by applicable Issuing law and the -135- BOI-39221v8 Administrative Agent, such Lender or the L/C Issuer, as the case may be, shall, to the extent permitted by Applicable Lawapplicable law, promptly inform the Borrower promptly in advance thereof Company with respect thereto so that the Borrower Company may seek appropriate protective relief to the extent permitted by applicable law, provided, further, that in the event such protective remedy or other remedy is not obtained, the Administrative Agent, such Lender or the L/C Issuer, as the case may be, shall furnish only that portion of the Confidential Information that is legally required and shall disclose the Confidential Information in a manner reasonably designed to preserve its confidential nature and shall, at the sole cost and expense of the Company, cooperate with the Company’s counsel to enable the Company to attempt to obtain a protective order or take other appropriate action)reliable assurance that confidential treatment will be accorded to the Information, (d) to any other party hereto, (e) in connection with the exercise of any remedies under this Agreement, hereunder or under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, Agreement or any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, (f) subject to an agreement containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights and or obligations under this Agreement, Agreement or any Eligible Assignee invited to be a Lender pursuant to Section 2.16 or (ii) any actual or prospective party counterparty (or its Related Partiesadvisors) to any swap, swap or derivative or other transaction under which payments are relating to be made by reference to the a Borrower and its obligations, this Agreement or payments hereunder, (iii) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fund, (g) on a confidential basis to (i) any Rating Agency solely to the extent required in connection with rating the Borrower or its Restricted Subsidiaries or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility, (h) with the prior written consent of the Borrower, Company or (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (jh) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section or (iiy) becomes available to the Administrative Agent, any Lender, any Issuing Lender the L/C Issuer or any of their respective Affiliates on a nonconfidential basis from a third party that is notsource other than the Company, which source, to such Person’s knowledge, subject to confidentiality obligations to the Borrower, (k) to the extent that such information is independently developed by actual knowledge of the Administrative Agent, the applicable such Lender or the applicable Issuing L/C Issuer, as the case may be, is not prohibited from disclosing such Information to such Person by a contractual, legal or fiduciary obligation to the Company, the Administrative Agent, any Lender or (l) for purposes of establishing a “due diligence” defensethe L/C Issuer. For purposes of this Section, “Information” means all information received from any Credit Party the Company or any Subsidiary thereof relating to any Credit Party the Company or any Subsidiary thereof or any of their respective businesses, other than any such information that is available to the Administrative Agent, any Lender or any Issuing Lender the L/C Issuer on a nonconfidential basis prior to disclosure by any Credit Party the Company or any Subsidiary thereof other than Subsidiary. Any Person required to maintain the confidentiality of Information as a result of a breach of provided in this Section 12.10. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at the time of delivery thereof, any information received from the Borrower or any Subsidiary after the date hereof shall be deemed considered to have complied with its obligation to do so if such Person has exercised the same degree of care to maintain the confidentiality of such Information as such Person would accord to its own confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10information. Any failure by any Each of the Administrative Agent, the Issuing Lenders and the L/C Issuer acknowledges that (a) the Information may include material non-public information concerning the Company or a Subsidiary, as the Lenders to give any case may be, (b) it has developed compliance procedures regarding the use of material non-public information and (c) it will handle such notice to the Borrower described material non-public information in this Section 12.10 shall not result in any liability on the part of the Administrative Agentaccordance with applicable Law, the Issuing Lenders or the Lendersincluding United States Federal and state securities Laws.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders and the Issuing Lenders The Collateral Agent agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates and to its Related Parties on a need to know basis and its Affiliates’ respective partners, directors, officers, employees, agents, advisors and other representatives (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential on substantially the same terms as provided hereinconfidential), (b) upon to the request or demand of extent requested by any regulatory authority purporting to have jurisdiction over such Person or any of its Affiliates it (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (and, in which the case the Administrative Agentof any non-ordinary course disclosure under this clause (b), the applicable Lender or disclosing party shall use its reasonable efforts to inform the applicable Issuing Lender shall, except with respect Pledgor thereof prior to any audit or examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrowersuch disclosure and, in advanceany event, shall promptly inform the Pledgor thereof, in each case to the extent practicable and lawfully legally permitted to do so), (c) to the extent required by Applicable Laws pursuant to a applicable laws or regulations or by any subpoena or an order of any court or administrative agency or in any pending similar legal or administrative proceeding or process (in which casecase the disclosing party shall use its reasonable efforts to inform the Pledgor thereof prior to any such disclosure and, in any event, shall promptly inform the Administrative AgentPledgor thereof, the applicable Lender or the applicable Issuing Lender shall, in each case to the extent legally permitted by Applicable Law, inform the Borrower promptly in advance thereof so the Borrower may seek a protective order or take other appropriate actionto do so), (d) to any other party hereto, (e) in connection with the exercise of any remedies under this Agreement, under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, hereunder or any action or proceeding relating to this Agreement, any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunderhereunder, (f) subject to an agreement containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights and obligations under this Agreement, (ii) any actual or prospective party (or its Related Parties) to any swapSecured Representative or Affiliate thereof or the respective partners, derivative or directors, officers, employees, agents, advisors and other transaction under which payments are representatives of the foregoing (it being understood that the Persons to whom such disclosure is made will be made by reference informed of the confidential nature of such Information and instructed to the Borrower and its obligations, this Agreement or payments hereunder, (iii) to an investor or prospective investor in an Approved Fund that also agrees that keep such Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fundconfidential), (g) on a confidential basis to (i) any Rating Agency solely to the extent required in connection with rating the Borrower or its Restricted Subsidiaries or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility, (h) with the prior written consent of the Borrower, Pledgor or (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (jh) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section 4.21 or (iiy) becomes available to the Administrative Agent, any Lender, any Issuing Lender Collateral Agent or any of their respective its Affiliates on a non-confidential basis from a third party that is not, to such Person’s knowledge, subject to confidentiality obligations to source other than the Borrower, (k) to the extent that such information is independently developed by the Administrative Agent, the applicable Lender or the applicable Issuing Lender or (l) for purposes of establishing a “due diligence” defensePledgor. For purposes of this SectionSection 4.21, “Information” means all information received from any Credit Party the Pledgor or any Subsidiary thereof of its Subsidiaries relating to any Credit Party the Pledgor or any Subsidiary thereof of its Subsidiaries or any of their respective businesses, other than any such information that is available to the Administrative Agent, any Lender or any Issuing Lender Collateral Agent on a non-confidential basis prior to disclosure by any Credit Party the Pledgor or any Subsidiary thereof of its Subsidiaries and other than as a result information pertaining to this Agreement of a breach the type routinely provided by arrangers to data service providers, including league table providers, that serve the lending industry; provided that, in the case of this Section 12.10. The parties hereto hereby agree that unless otherwise information received from the Pledgor or any of its Subsidiaries after the date hereof, such information is clearly identified by the Borrower at the time of delivery thereof, any information received from the Borrower or any Subsidiary after the date hereof shall be deemed confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10confidential. Any failure by any Person required to maintain the confidentiality of the Administrative Agent, the Issuing Lenders or the Lenders to give any such notice to the Borrower described Information as provided in this Section 12.10 4.21 shall not result in any liability on be considered to have complied with its obligation to do so if such Person has exercised the part same degree of care to maintain the Administrative Agent, the Issuing Lenders or the Lendersconfidentiality of such Information as such Person would accord to its own confidential information.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders and the Issuing Lenders L/C Issuer agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates and to its Related Parties and its Affiliates’ respective partners, directors, officers, employees, agents, advisors and other representatives on a “need to know basis basis” (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential on substantially confidential) solely in connection with the same terms transactions contemplated or permitted hereby; provided that the Administrative Agent, the Lenders or the L/C Issuer, as provided herein)the case may be, shall be responsible for its Affiliates’ compliance with this clause, (b) upon to the request or demand of extent requested by any regulatory authority purporting to have jurisdiction over such Person or any of its Affiliates it (including any self-regulatory self‑regulatory authority, such as the National Association of Insurance CommissionersCommissioners or any similar organization) (or any nationally recognized rating agency that requires access to information about a Lender’s investment portfolio in which case the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, except connection with ratings issued with respect to such Lender (provided that, prior to any audit or examination conducted by bank accountants or such disclosure, such rating agency shall undertake in writing to preserve the confidentiality of any governmental bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrower, in advance, confidential Information relating to the extent practicable and lawfully permitted to do soLoan Parties), (c) to the extent required by Applicable Laws pursuant to a or regulations or by any subpoena or an order similar legal process; provided that, unless specifically prohibited by Applicable Law or court order, each Lender and the Administrative Agent shall promptly notify the Borrower in advance of any court or administrative agency or in any pending legal or administrative proceeding or process (in which case, the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, to the extent permitted by Applicable Law, inform the Borrower promptly in advance thereof so the Borrower may seek a protective order or take other appropriate action)such disclosure, (d) to any other party hereto, (e) in connection with the exercise of any remedies under this Agreement, hereunder or under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, Agreement or any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, (f) subject to an agreement containing provisions substantially the same as those of this SectionSection 10.23, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights and or obligations under this Agreement, Agreement or (ii) any actual or prospective party counterparty (or its Related Partiesadvisors) to any swap, derivative or other transaction under which payments are to be made by reference Hedge Agreement relating to the Borrower and its obligations, this Agreement or payments hereunder, (iii) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fund, (g) on a confidential basis to (i) any Rating Agency solely to the extent required in connection with rating the Borrower or its Restricted Subsidiaries or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility, (h) with the prior written consent of the Borrower, (h) in customary disclosure about the terms of the financing contemplated hereby in the ordinary course of business to market data collectors and similar service providers to the loan industry for league table purposes or (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (j) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section 10.23 or (iiy) becomes available to the Administrative Agent, any Lender, any Issuing Lender or any of their respective Affiliates on a nonconfidential basis from a third party that is not, to such Person’s knowledge, subject to confidentiality obligations to source other than the Borrower, Borrower (k) except to the extent that such information is independently developed by Information was available to the Administrative Agent, the applicable any Lender or any of their Affiliates as a result of Administrative Agent’s, any Lender’s or their Affiliates’ ownership interests in the applicable Issuing Lender Business or (l) for purposes of establishing a “due diligence” defensethe Borrower). For purposes of this SectionSection 10.23, “Information” means all information received by the Administrative Agent, any Lender or the L/C Issuer, as the case may be, from any Credit Party the Borrower or any Subsidiary thereof of its Subsidiaries relating to any Credit Party the Borrower or any Subsidiary thereof of its Subsidiaries or any of their respective businessesbusinesses (including any target company and its Subsidiaries in connection with contemplated or consummated Acquisition or other investment), other than any such information that is available to the Administrative Agent, Agent or any Lender or any Issuing Lender on a nonconfidential basis prior to disclosure by any Credit Party or any Subsidiary thereof other than as a result of a breach of this Section 12.10. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at the time of delivery thereof, any information received from the Borrower or any Subsidiary after of its Subsidiaries. Any Person required to maintain the date hereof confidentiality of Information as provided in this Section shall be deemed considered to have complied with its obligation to do so if such Person has exercised the same degree of care to maintain the confidentiality of such Information as such Person would accord to its own confidential unless information. Notwithstanding the foregoing, the Administrative Agent and the Lenders agree not to disclose any Information to a (i) Prohibited Lender or (ii) any of their respective Affiliates or any of their and their Affiliates’ officers, directors or employees that (x) are engaged as principles primarily in private equity or venture capital on a proprietary basis (other than, in each case, such information shall already be publicly available other than as a result of a breach of this Section 12.10. Any failure Affiliates engaged by the Borrower with respect to the Transactions or any debt fund affiliates or any advisors thereto) or (y) to the knowledge of the Administrative Agent, the Issuing Lenders or the Lenders to give L/C Issuer, as the case may be, are engaged in businesses competing with the Borrower (including any such notice Affiliate which has been previously identified in writing to the Borrower described Arrangers as such); provided that nothing contained in this Section 12.10 10.23 shall not result in prohibit the disclosure of such Information to any liability on the part officers, directors or employees of any Affiliate of the Administrative Agent, the Issuing Lenders or the LendersL/C Issuer, as the case may be, who reasonably need to know such Information for purposes of evaluating, negotiating, enforcing or consummating any of the transactions contemplated hereby, so long as, such Information is used solely for such purposes.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders and the Issuing Lenders L/C Issuer agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates and to its Related Parties on a who need to know basis such Information (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential on substantially in accordance with this Section and it is agreed to and understood that the same terms as provided hereinAgent, Lender and the L/C Issuer shall be responsible for (and liable to the Company for) any breach of this Section by any such Person), (b) upon to the request extent required or demand of requested by any regulatory authority purporting to have jurisdiction over such Person or any of its Affiliates Related Parties (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (), in which case such Person thereby requested agrees to use commercially reasonable efforts to inform the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, except with respect to any audit or examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, Company promptly notify the Borrower, in advancefollowing such request and, to the extent practicable and lawfully permitted practical, will use commercially reasonable efforts to do sonotify (unless such notice is prohibited by law or regulation) the Company prior to such disclosure (other than with respect to routine regulatory requests), (c) to the extent required by Applicable Laws pursuant to a applicable laws or regulations or by any subpoena or an order of any court or administrative agency or in any pending similar legal or administrative proceeding or process (process, in which case, case such Person thereby requested agrees to use commercially reasonable efforts to inform the Administrative Agent, the applicable Lender or the applicable Issuing Lender shallCompany promptly following such request and, to the extent permitted practical, will use commercially reasonable efforts to notify (unless such notice is prohibited by Applicable Law, inform law or regulation) the Borrower promptly in advance thereof so the Borrower may seek a protective order or take Company prior to such disclosure (other appropriate actionthan with respect to routine matters), (d) to any other party hereto, hereto (e) in connection with the exercise of any remedies under this Agreement, hereunder or under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, Agreement or any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, (f) subject to an agreement containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights and or obligations under this AgreementAgreement or any Eligible Assignee invited to be a Lender pursuant to Section 2.15(c); provided that such assignee, Participant, prospective assignee, invited Eligible Assignee or prospective Participant agrees to use the information solely for evaluating its investment hereunder and is advised of and agrees to be bound by the provisions of this Section 10.08, or (ii) any actual or prospective party (or its Related Parties) to any swap, derivative or other transaction under which payments are to be made by reference to the Borrower Company and its obligations, this Agreement or payments hereunder, hereunder (iii) provided that such party agrees to an investor or prospective investor in an Approved Fund that also agrees that use the Information shall be used so disclosed solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fundsuch transaction and is advised of and agrees to be bound by the provisions of this Section 10.08), (g) on a confidential basis to (i) any Rating Agency solely to the extent required rating agency in connection with rating the Borrower Company or its Restricted Subsidiaries or the Credit Facility Facilities or (ii) the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring of CUSIP numbers or other market identifiers with respect to the Credit FacilityFacilities; provided that, such counterparty agrees to use the Information so disclosed solely with respect to such transaction and is advised of and agrees to be bound by the provisions of this Section 10.08, (h) with the prior written consent of the Borrower, Company or (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (j) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section or (iiy) becomes available to the Administrative Agent, any Lender, any Issuing Lender the L/C Issuer or any of their respective Affiliates on a nonconfidential basis from a third party source other than the Company that is not, not known to such Person’s knowledge, be subject to a confidentiality obligations to or similar agreement with the Borrower, (k) to the extent that such information is independently developed by the Administrative Agent, the applicable Lender or the applicable Issuing Lender or (l) for purposes of establishing a “due diligence” defense. For purposes of this Section, “Information” means all information received from any Credit Party or any Subsidiary thereof relating to any Credit Party or any Subsidiary thereof Company or any of their respective businesses, other than any such information that is available to the Administrative Agent, any Lender or any Issuing Lender prior to disclosure by any Credit Party or any Subsidiary thereof other than as a result of a breach of this Section 12.10. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at the time of delivery thereof, any information received from the Borrower or any Subsidiary after the date hereof shall be deemed confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10. Any failure by any of the Administrative Agent, the Issuing Lenders or the Lenders to give any such notice to the Borrower described in this Section 12.10 shall not result in any liability on the part of the Administrative Agent, the Issuing Lenders or the Lendersits Subsidiaries.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders and the Issuing Lenders L/C Issuers agrees to maintain the confidentiality of of, and not disclose to any Person, the Information (as defined below), except that Information may be disclosed (a) to its Affiliates and to its Related Parties on a who need to know basis such Information in connection with the transactions contemplated hereby (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed are subject to keep such customary confidentiality obligations of professional practice or agree to treat the Information confidential on substantially the same terms as provided hereinconfidential), (b) upon to the request extent required or demand of requested by any regulatory authority purporting to have jurisdiction over such Person or any of its Affiliates Related Parties (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (), in which case the Administrative Agent, the applicable Lender or the applicable Issuing Lender shallsuch Person shall use commercially reasonable efforts to, except with respect to any audit or examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrower, in advanceBorrowers, to the extent practicable and lawfully permitted to do so), (c) to the extent required by Applicable Laws pursuant to a applicable laws or regulations or by any subpoena or an order of any court or administrative agency or in any pending similar legal or administrative proceeding or process (process, in which casecase such Person shall use commercially reasonable efforts to, except with respect to any audit or examination conducted by bank accountants or any governmental regulatory authority exercising examination or regulatory authority, promptly notify the Administrative Agent, the applicable Lender or the applicable Issuing Lender shallBorrowers, to the extent practicable and lawfully permitted by Applicable Law, inform the Borrower promptly in advance thereof so the Borrower may seek a protective order or take other appropriate action)to do so, (d) to any other party hereto, (e) in connection with the exercise of any remedies under this Agreement, hereunder or under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, Agreement or any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, (f) subject to an agreement containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights and obligations under this Agreement, Agreement or any Eligible Assignee invited to be a Lender pursuant to Section 2.13 or (ii) any actual or prospective party (or its Related Parties) to any swap, derivative or other transaction under which payments are to be made by reference to the Borrower Borrowers and its their obligations, this Agreement or payments hereunder, (iii) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fund, (g) on a confidential basis to (i) any Rating Agency solely to the extent required in connection with rating the Borrower or its Restricted Subsidiaries or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring of CUSIP numbers of other market identifiers with respect to the Credit Facilitycredit facilities provided hereunder, (h) with the prior written consent of the Borrower, Borrowers or (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (j) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section or (ii) becomes available to the Administrative Agent, any Lender, any Issuing Lender L/C Issuer or any of their respective Affiliates on a nonconfidential basis from a third party source other than the Borrowers that is not, to such Person’s knowledge, subject to in breach of contractual or fiduciary confidentiality obligations owing to the Borrower, (k) to the extent that such information is independently developed by the Administrative Agent, the applicable Lender Company or the applicable Issuing Lender or (l) for purposes any of establishing a “due diligence” defenseits Subsidiaries. For purposes of this Section, “Information” means shall mean all information received from any Credit Party the Company or any Subsidiary thereof relating to any Credit Party the Company or any Subsidiary thereof or any of their respective businesses, other than any such information that is available to the Administrative Agent, any Lender or any Issuing Lender L/C Issuer on a nonconfidential basis prior to disclosure by any Credit Party the Company or any Subsidiary thereof other than as a result of a breach of this Section 12.10Subsidiary. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at the time of delivery thereof, any information received from the Borrower or any Subsidiary after the date hereof shall be deemed confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10. Any failure by any Each of the Administrative Agent, the Issuing Lenders and the L/C Issuers acknowledges that (a) the Information may include material non-public information concerning the Company or a Subsidiary, as the Lenders to give any case may be, (b) it has developed compliance procedures regarding the use of material non-public information and (c) it will handle such notice to the Borrower described material non-public information in this Section 12.10 shall not result in any liability on the part of the Administrative Agentaccordance with applicable Law, the Issuing Lenders or the Lenders.including United States Federal and state securities Laws. 182

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders and the Issuing Lenders L/C Issuers agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates Affiliates, its auditors and to its and its Affiliates’ respective Related Parties on a need to know basis (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential on substantially the same terms as provided hereinconfidential), (b) upon to the request extent required or demand of requested by any regulatory authority purporting to have jurisdiction over such Person or any of its Affiliates Related Parties (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (), in which case the Administrative Agent, the applicable such Lender or the applicable Issuing Lender shall, such L/C Issuer shall (i) except with respect to any audit or examination conducted by bank accountants or any governmental bank governmental, regulatory, or self-regulatory authority exercising examination or regulatory authority, promptly notify the Borrower, in advance, to the extent practicable and lawfully permitted by Law, notify the Company promptly in advance thereof and (ii) use commercially reasonable efforts to do so)ensure that any such Information disclosed is accorded confidential treatment, (c) to the extent required by Applicable Laws applicable laws or regulations, by any compulsory legal process or pursuant to a subpoena or an the order of any court or administrative agency or in any pending legal legal, judicial or administrative proceeding or process (proceeding, in which case, case the Administrative Agent, such Lender or such L/C Issuer shall (i) notify the applicable Lender Company of the proposed disclosure in advance to the extent not prohibited by Law, compulsory legal process or the applicable Issuing administrative agency, provided if the Administrative Agent, such Lender shallor such L/C Issuer is unable to notify the Company in advance of such disclosure, such notice shall be delivered promptly thereafter to the extent practicable and permitted by Applicable Law, inform the Borrower promptly in advance thereof so the Borrower may seek a protective order or take other appropriate action)Law and (ii) use commercially reasonable efforts to ensure that any such Information disclosed is accorded confidential treatment, (d) to any other party hereto, provided that no material non-public CHAR1\1847295v5 information with respect to the Company or its Affiliates, or the respective securities of any of the foregoing, may be disclosed to any Public Lender, (e) in connection with the exercise of any remedies under this Agreement, hereunder or under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, Agreement or any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, (f) subject to an agreement containing provisions substantially the same as those of this SectionSection (it being understood and agreed that any “click through” confidentiality agreement used on SyndTrak is acceptable to the parties hereto for purposes of satisfying the requirements of the exception contemplated in this clause (f)), to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights and obligations under this Agreement, Agreement or any Eligible Assignee invited to be a Lender pursuant to Section 2.16 or (ii) any actual or prospective party (or its Related Parties) to any swap, derivative or other transaction under which payments are to be made by reference to any of the Borrower Borrowers and its their obligations, this Agreement or payments hereunder, (iii) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fund, (g) on a confidential basis to (i) any Rating Agency solely to the extent required rating agency in connection with rating the Borrower Company or its Restricted Subsidiaries or the Credit Facility or credit facilities provided hereunder, (ii) the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring of CUSIP numbers or other market identifiers with respect to the Credit Facilitycredit facilities provided hereunder or (iii) any insurance broker or provider of credit insurance to such Person, (h) with the prior written consent of the BorrowerCompany, or (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (j) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section or (iiy) becomes available to the Administrative Agent, any Lender, any Issuing Lender L/C Issuer or any of their respective Affiliates on a nonconfidential basis from a third party source other than the Company; provided that is notin no event shall any disclosure of Information be made to any Disqualified Institution. In addition, the Administrative Agent and the Lenders may disclose the existence of this Agreement and information about this Agreement to such Person’s knowledgemarket data collectors, subject to confidentiality obligations similar service providers to the Borrower, (k) lending industry and service providers to the extent that such information is independently developed by Administrative Agent and the Administrative AgentLenders in connection with the administration of this Agreement, the applicable Lender or other Loan Documents, and the applicable Issuing Lender or (l) for purposes of establishing a “due diligence” defenseCommitments. For purposes of this Section, “Information” means all information received from any Credit Party the Company or any Subsidiary thereof relating to any Credit Party the Company or any Subsidiary thereof or any of their respective businesses, other than any such information that is available to the Administrative Agent, any Lender or any Issuing Lender L/C Issuer on a nonconfidential basis prior to disclosure by any Credit Party the Company or any Subsidiary thereof other than Subsidiary. Any Person required to maintain the confidentiality of Information as a result of a breach of provided in this Section 12.10. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at the time of delivery thereof, any information received from the Borrower or any Subsidiary after the date hereof shall be deemed considered to have complied with its obligation to do so if such Person has exercised the same degree of care to maintain the confidentiality of such Information as such Person would accord to its own confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10information. Any failure by any Each of the Administrative Agent, the Issuing Lenders and the L/C Issuers acknowledges that (a) the Information may include material non-public information concerning the Company or a Subsidiary, as the Lenders to give any case may be, (b) it has developed compliance procedures regarding the use of material non-public information and (c) it will handle such notice to the Borrower described material non-public information in this Section 12.10 shall not result in any liability on the part of the Administrative Agentaccordance with applicable Law, the Issuing Lenders or the Lendersincluding Canadian federal and provincial securities laws and United States federal and state securities Laws.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders and the Issuing Lenders Xxxxxxx agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates and to its and its Related Parties on a need in connection with the Credit Facility, this Agreement, the transactions contemplated hereby or in connection with marketing of services by such Affiliate or Related Party to know basis Borrower or any of its Subsidiaries (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential on substantially the same terms as provided hereinconfidential), (b) upon to the request extent required or demand of requested by, or required to be disclosed to, any regulatory or similar authority purporting to have jurisdiction over such Person or any of its Affiliates Related Parties (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (in which case such Person shall, except with respect to any audit or exam conducted by bank accountants or a governmental bank regulatory authority exercising examination or regulatory authority, promptly notify Borrower, in advance to the extent practicable and lawfully permitted to do so) or in accordance with the Administrative Agent’s, the Issuing Lender’s or any Lender’s regulatory compliance policy if the Administrative Agent, the applicable Issuing Lender or such Lender, as applicable, deems such disclosure to be necessary for the applicable mitigation of claims by those authorities against the Administrative Agent, the Issuing lender or such Lender, as applicable, or any of its Related Parties (in which case, the Administrative Agent, the Issuing Lender shallor such Lender, as applicable, shall use commercially reasonably efforts to, except with respect to any audit or examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrower, in advance, to the extent practicable and lawfully otherwise permitted to do soby Applicable Law), (c) as to the extent required by Applicable Laws pursuant to a subpoena or an order of any court or administrative agency regulations or in any pending legal legal, judicial, administrative or administrative proceeding or process (other compulsory proceeding, in which case, case the Administrative Agent, the applicable Lender or the applicable Issuing Lender Person shall, to the extent permitted by Applicable Lawlaw, inform the Borrower promptly in advance thereof so to the Borrower may seek a protective order or take other appropriate actionextent practicable and lawfully permitted to do so), (d) to any other party hereto, (e) in connection with to the extent required for the exercise of any remedies under this Agreement, under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, (f) subject to an agreement containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights and obligations under this Agreement, (ii) any actual or prospective party (or its Related Parties) to any swap, derivative or other transaction under which payments are to be made by reference to the Borrower and its obligations, this Agreement or payments hereunder, (iii) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund Fund, or (v) to a Rating Agency solely to the extent it nationally recognized rating agency that requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fund, (g) on a confidential basis to (i) with Borrower’s prior written consent, any Rating Agency solely to the extent required rating agency in connection with rating the Borrower or its Restricted Subsidiaries or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility, (h) with the prior written consent of the Borrower, (i) with Borrower’s prior consent, to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (j) to the extent such Information (i) becomes publicly available other than as a result of a breach of this Section or any confidentiality agreement provided herein, or (ii) becomes available to the Administrative Agent, any Lender, any Issuing Lender or any of their respective Affiliates on a non-confidential basis from a third party that is not, to such Person’s knowledge, subject to confidentiality obligations to the Borrowerany Credit Party or its Subsidiary, (k) to governmental regulatory authorities in connection with any regulatory examination of the Administrative Agent or any Lender or in accordance with the Administrative Agent’s or any Lender’s regulatory compliance policy if the Administrative Agent or such Lender deems necessary for the mitigation of claims by those authorities against the Administrative Agent or such Lender or any of its subsidiaries or affiliates, (l) to the extent that such information is independently developed by the Administrative Agentsuch Commitment Party, the applicable Lender or the applicable Issuing Lender or (lm) for purposes of establishing a “due diligence” defense. For purposes of this Section, “Information” means all information received from any Credit Party or any Subsidiary thereof relating to any Credit Party or any Subsidiary thereof or any of their respective businesses, other than any such information that is available to the Administrative Agent, any Lender or any Issuing Lender on a nonconfidential basis prior to disclosure by any Credit Party or any Subsidiary thereof; provided that, in the case of information received from a Credit Party or any Subsidiary thereof other than as a result of a breach of this Section 12.10. The parties hereto hereby agree that unless otherwise after the date hereof, such information is clearly identified by the Borrower at the time of delivery thereof, any information received from the Borrower or any Subsidiary after the date hereof shall be deemed confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10confidential. Any failure by any Person required to maintain the confidentiality of the Administrative Agent, the Issuing Lenders or the Lenders to give any such notice to the Borrower described Information as provided in this Section 12.10 shall not result be considered to have complied with its obligation to do so if such Person has exercised the same degree of care to maintain the confidentiality of such Information as such Person would accord to its own confidential information, but in any liability on the part of the Administrative Agent, the Issuing Lenders or the Lendersno event less than reasonable care consistent with industry standards.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders and the Issuing Lenders L/C Issuers agrees on behalf of itself and its Related Parties to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates and to its Related Parties on a need to know basis and its Affiliates’ respective partners, directors, officers, employees, agents, trustees, advisors and representatives (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential on substantially and that the same terms Administrative Agent, the relevant Lender or the relevant L/C Issuer, as provided hereinthe case may be, shall be responsible to the Loan Parties and their Affiliates for any failure by any such Persons who are controlled Affiliates of the Administrative Agent, the relevant Lender or the relevant L/C Issuer, as the case may be, to maintain the confidentiality of the Information), (b) upon to the request extent required or demand of requested by any regulatory authority purporting to have jurisdiction over such Person or any of its Affiliates Related Parties (including any self-regulatory authority, such as the National Association of Insurance Commissioners), (c) to the extent required by applicable laws or regulations or by any subpoena or similar legal process (provided that, in which the case of this clause (c) or the foregoing clause (b), the Administrative Agent, such L/C Issuer or such Lender, as the applicable Lender or case may be, shall (x) disclose only the applicable Issuing Lender shall, information required and (y) except with respect to any audit or examination conducted by bank accountants or any governmental agency, securities or bank regulatory authority exercising examination or regulatory authorityauthority and only to the extent permitted by applicable law and regulation, promptly notify the Borrower, Borrower in advancewriting of such disclosure and, to the extent practicable and lawfully permitted to do so), (c) to the extent required by Applicable Laws pursuant to a subpoena or an order of any court or administrative agency or in any pending legal or administrative proceeding or process (in which case, the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, to the extent permitted by Applicable Lawapplicable law and regulation, inform the Borrower promptly send such written notice in advance thereof of such disclosure, so that the Borrower may seek a protective order or take other appropriate actionremedy), (d) to any other party hereto, (e) in connection with the exercise of any remedies under this Agreement, hereunder or under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, Agreement or any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, (f) subject to an agreement containing provisions substantially the same as those of this Section, to (i) to any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights and obligations under this AgreementAgreement or any Eligible Assignee invited to be a Lender pursuant to Section 2.16(a), (ii) any actual or prospective party (or its Related Parties) to any swap, derivative or other transaction under which payments are to be made by reference to the Borrower and its obligations, this Agreement or payments hereunder, hereunder or (iii) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing any credit insurance providers and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fundbrokers, (g) on a confidential basis to (i) any Rating Agency solely to the extent required rating agency in connection with rating the Borrower or its Restricted Subsidiaries or the Credit Facility credit facilities provided hereunder or (ii) the CUSIP Service Bureau or any similar agency solely in connection with the issuance application, issuance, publishing and monitoring of CUSIP numbers or other market identifiers with respect to the Credit Facilitycredit facilities provided hereunder, (h) with the prior written consent of the Borrower, Borrower or (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (j) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section or (ii) becomes available to the Administrative Agent, any Lender, any Issuing Lender or any of their respective Affiliates from a third party that is not, to such Person’s knowledge, subject to confidentiality obligations to the Borrower, (k) to the extent that such information is independently developed by the Administrative Agent, the applicable Lender or the applicable Issuing Lender or (l) for purposes of establishing a “due diligence” defense. For purposes of this Section, “Information” means all information received from any Credit Party or any Subsidiary thereof relating to any Credit Party or any Subsidiary thereof or any of their respective businesses, other than any such information that is available to the Administrative Agent, any Lender or any Issuing Lender prior to disclosure by any Credit Party or any Subsidiary thereof other than as a result of a breach of this Section 12.10. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at the time of delivery thereof, any information received from the Borrower or any Subsidiary after the date hereof shall be deemed confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10. Any failure by any of the Administrative Agent, the Issuing Lenders or the Lenders to give any such notice to the Borrower described in this Section 12.10 shall not result in any liability on the part of the Administrative Agent, the Issuing Lenders or the Lenders.,

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders and the Issuing Lenders agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates and to its Related Parties on a need to know basis (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential on substantially the same terms as provided herein), (b) upon the request or demand of any regulatory authority purporting to have jurisdiction over such Person or any of its Affiliates (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (in which case the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, except with respect to any audit or examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrower, in advance, to the extent practicable and lawfully permitted to do so), (c) to the extent required by Applicable Laws pursuant to a subpoena or an order of any court or administrative agency or in any pending legal or administrative proceeding or process (in which case, the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, to the extent permitted by 145 Applicable Law, inform the Borrower promptly in advance thereof so the Borrower may seek a protective order or take other appropriate action), (d) to any other party hereto, (e) in connection with the exercise of any remedies under this Agreement, under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, (f) subject to an agreement containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights and obligations under this Agreement, (ii) any actual or prospective party (or its Related Parties) to any swap, derivative or other transaction under which payments are to be made by reference to the Borrower and its obligations, this Agreement or payments hereunder, (iii) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fund, (g) on a confidential basis to (i) any Rating Agency solely to the extent required in connection with rating the Borrower or its Restricted Subsidiaries or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility, (h) with the prior written consent of the Borrower, (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (j) to the extent such Information (i) becomes publicly available other than as a result of a breach of this Section or (ii) becomes available to the Administrative Agent, any Lender, any Issuing Lender or any of their respective Affiliates from a third party that is not, to such Person’s knowledge, subject to confidentiality obligations to the Borrower, (k) to the extent that such information is independently developed by the Administrative Agent, the applicable Lender or the applicable Issuing Lender or (l) for purposes of establishing a “due diligence” defense. For purposes of this Section, “Information” means all information received from any Credit Party or any Subsidiary thereof relating to any Credit Party or any Subsidiary thereof or any of their respective businesses, other than any such information that is available to the Administrative Agent, any Lender or any Issuing Lender prior to disclosure by any Credit Party or any Subsidiary thereof other than as a result of a breach of this Section 12.10. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at the time of delivery thereof, any information received from the Borrower or any Subsidiary after the date hereof shall be deemed confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10. Any failure by any of the Administrative Agent, the Issuing Lenders or the Lenders to give any such notice to the Borrower described in this Section 12.10 shall not result in any liability on the part of the Administrative Agent, the Issuing Lenders or the Lenders.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders Borrower and the Issuing Lenders Lender agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates and to its Related Parties on a need to know basis and its Affiliates’ respective partners, directors, officers, employees, agents, advisors and representatives (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential on substantially the same terms as provided hereinconfidential), (b) upon to the request or demand of extent requested by any regulatory authority purporting to have jurisdiction over such Person or any of its Affiliates (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (in which case the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, except with respect to any audit or examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrower, in advance, to the extent practicable and lawfully permitted to do so)it, (c) to the extent required by Applicable Laws pursuant to a applicable laws or regulations or by any subpoena or an order similar legal process, provided that the disclosing party shall exercise commercially reasonable efforts to notify the other party as soon as reasonably practicable in the event of any court such disclosure, unless such notification shall be prohibited by applicable law, legal process or administrative agency or in any pending legal or administrative proceeding or process (in which case, the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, to the extent permitted by Applicable Law, inform the Borrower promptly in advance thereof so the Borrower may seek a protective order or take other appropriate action)regulatory request, (d) to any other party hereto, (e) in connection with the exercise of any remedies under this Agreement, hereunder or under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, Agreement or any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, (fe) subject to an agreement containing provisions substantially the same as those of this SectionSection 8.06, to (i) any assignee of or Participant in, or any prospective assignee of or Participant inof, any of its rights and or obligations under this Agreement, (ii) any actual or prospective party (or its Related Parties) to any swap, derivative or other transaction under which payments are to be made by reference to the Borrower and its obligations, this Agreement or payments hereunder, (iii) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fund, (g) on a confidential basis to (i) any Rating Agency solely to the extent required in connection with rating the Borrower or its Restricted Subsidiaries or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility, (hf) with the prior written consent of the Borrowerother party, or (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (jg) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section 8.06 or (iiy) becomes available to the Administrative Agent, any Lender, any Issuing Lender or any of their respective Affiliates disclosing party on a nonconfidential basis from a third source other than the other party, provided that, the source of such information was not actually known by the disclosing party that is not, to be bound by a confidentiality agreement with the other party with respect to such Person’s knowledge, subject to confidentiality obligations to the Borrower, (k) to the extent that such information is independently developed by the Administrative Agent, the applicable Lender or the applicable Issuing Lender or (l) for purposes of establishing a “due diligence” defenseInformation. For purposes of this SectionSection 8.06, “Information” means all information received from any Credit Party a party relating to the other party or any Subsidiary thereof relating to any Credit Party or any Subsidiary thereof of its Affiliates or any of their respective businesses, other than any such information that is available to the Administrative Agent, any Lender or any Issuing Lender disclosing party on a nonconfidential basis prior to disclosure by any Credit Party or any Subsidiary thereof other than as a result of a breach of this Section 12.10. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at the time of delivery thereof, any information received from the Borrower or any Subsidiary after the date hereof shall be deemed confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10disclosing party. Any failure by any Person required to maintain the confidentiality of the Administrative Agent, the Issuing Lenders or the Lenders to give any such notice to the Borrower described Information as provided in this Section 12.10 8.06 shall not result in any liability on be considered to have complied with its obligation to do so if such Person has exercised the part same degree of care to maintain the Administrative Agent, the Issuing Lenders or the Lendersconfidentiality of such Information as such Person would accord to its own confidential information.

Treatment of Certain Information; Confidentiality. Each of Lender, each LC Issuer, the Arranger and the Administrative AgentAgent agrees (on behalf of itself and each of its Affiliates, directors, officers, employees and representatives) to keep confidential any nonpublic information supplied to it by any Borrower Party; provided that nothing herein shall limit the Lenders and the Issuing Lenders agrees to maintain the confidentiality disclosure of the Information (as defined below), except that Information may be disclosed any such information: (a) to its Affiliates the extent such information is required to be disclosed by any Governmental Rule or judicial or administrative process, or to any Governmental Authority in connection with a tax audit or dispute or otherwise, (b) to counsel and/or advisors and auditors, affiliates, directors, officers, members, employees, agents, credit risk protection providers and third party service providers to its Related Parties any Lender, any LC Issuer or any Agent, in each case on a need to know confidential basis (it being understood and agreed that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information information and instructed to keep such Information information confidential on substantially and the same terms as provided herein)disclosing party shall cause such Persons to comply with the obligations of this Section 11.23, (bc) upon to the request extent such information is required to be disclosed to any banking, securities exchange or demand of any other regulatory authority purporting to have jurisdiction over such Person or any of its Affiliates supervisory authorities (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (Commissioners or any other similar organization or any nationally recognized rating agency that requires access to information about a Lender’s investment portfolio in which case the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, except connection with ratings issued with respect to any audit or examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrower, in advance, to the extent practicable and lawfully permitted to do sosuch Lender), (c) auditors or accountants having proper jurisdiction and authority to the extent required by Applicable Laws pursuant to a subpoena or an order of any court or administrative agency or in any pending legal or administrative proceeding or process (in which case, the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, to the extent permitted by Applicable Law, inform the Borrower promptly in advance thereof so the Borrower may seek a protective order or take other appropriate action)require such disclosure, (d) to any Agent or any other party heretoLender, (e) to any entity in connection with a securitization or proposed securitization of, among other things, all or a part of any amounts payable to or for the benefit of any Lender or its Affiliates under the Credit Documents so long as such entity agrees to keep such information confidential in a manner consistent with this Section 11.23, it being understood and agreed that the Persons to whom such disclosure is made will be informed of the confidential nature of such information and instructed to keep such information confidential and the disclosing party shall cause such Persons to comply with the obligations of this Section 11.23, (f) to the extent such information is required to be disclosed in connection with the exercise of any remedies under this Agreement, under any other Loan Document hereunder or under any Secured Hedge of the other Credit Documents, including without limitation upon the occurrence of any Event of Default and any enforcement or collection proceedings resulting therefrom or in connection with the negotiation of any restructuring or “work-out”, whether or not consummated, of the obligations of Co-Borrowers under this Agreement or Secured Cash Management Agreement, any other Operative Document or any suit, action or proceeding relating to this Agreement, Agreement or any other Loan Credit Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, (fg) to any actual or prospective successor Agent so long as such entity agrees to keep such information confidential in a manner consistent with this Section 11.23, or (h) subject to an agreement containing provisions substantially the same (or at least as restrictive) as those of this SectionSection 11.23, to (i) any assignee Eligible Assignee of or Participant in, or any prospective assignee Eligible Assignee of or Participant in, any of its rights and or obligations under this Agreement, (ii) Agreement or any actual or prospective party (or its Related Parties) to any swap, derivative or other transaction under which payments are to be made by reference to the any Co-Borrower or its obligations (including any credit insurance provider relating to any Co-Borrower and its obligations), in each case, to the extent not included in the previous clauses (a) - (g) of this proviso, it being understood and agreed that the Persons to whom such disclosure is made will be informed of the confidential nature of such information and instructed to keep such information confidential and the disclosing party shall cause such Persons to comply with the obligations of this Section 11.23; provided that, in the event a Lender receives a summons or subpoena to disclose confidential information to any party, such Lender shall, if legally permitted, endeavor to notify the Co-Borrowers thereof as soon as possible after receipt of such request, summons or subpoena and to afford the Borrower Parties an opportunity to seek protective orders, or such other confidential treatment of such disclosed information, as the Borrower Parties may deem reasonable. In addition, Administrative Agent and the Lenders may disclose (i) the existence of this Agreement, (ii) statistical data about this Agreement or payments hereunderwithout reference to specific terms and conditions of this Agreement, and (iii) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose identity of evaluating an investment in such Approved Fund, the Lenders (ivbut not the identity of the Borrower Parties) to a trusteemarket data collectors, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fund, (g) on a confidential basis to (i) any Rating Agency solely to the extent required in connection with rating the Borrower or its Restricted Subsidiaries or the Credit Facility or (ii) the CUSIP Service Bureau or any and similar agency solely in connection with the issuance and monitoring of CUSIP numbers with respect service providers to the Credit Facilitylending industry, (h) with Administrative Agent and the prior written consent of Lenders. Notwithstanding the Borrower, (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (j) to the extent such Information (i) becomes publicly available other than as a result of a breach foregoing provisions of this Section 11.23, the foregoing obligation of confidentiality shall not apply to any such information becomes part of the public domain independently of any act of any Lender or Agent not permitted hereunder (ii) becomes available through publication or otherwise). Notwithstanding anything to the Administrative Agentcontrary set forth herein or in any other agreement to which the parties hereto are parties or by which they are bound, any Lenderobligations of confidentiality contained herein and therein, any Issuing Lender or any of their respective Affiliates from a third party that is not, to such Person’s knowledge, subject to confidentiality obligations as they relate to the Borrowertransactions contemplated by this Agreement (the “Loan Transactions”), (k) shall not apply to the extent that such information is independently developed by U.S. federal tax structure or U.S. federal tax treatment of the Administrative AgentLoan Transactions, and each party hereto (and any employee, representative, or agent of any party hereto) may disclose to any and all Persons, without limitation of any kind, the applicable Lender or U.S. federal tax structure and U.S. federal tax treatment of the applicable Issuing Lender or (l) Loan Transactions. The preceding sentence is intended to cause the Loan Transactions not to be treated as having been offered under conditions of confidentiality for purposes of establishing a “due diligence” defense. For purposes of this Section, “Information” means all information received from any Credit Party Section 1.6011‑4(b)(3) (or any Subsidiary thereof relating to any Credit Party or any Subsidiary thereof or any successor provision) of their respective businesses, other than any such information that is available to the Administrative Agent, any Lender or any Issuing Lender prior to disclosure by any Credit Party or any Subsidiary thereof other than as a result Treasury regulations promulgated under Section 6011 of a breach of this Section 12.10. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at the time of delivery thereof, any information received from the Borrower or any Subsidiary after the date hereof Code and shall be deemed confidential unless construed in a manner consistent with such information shall already be publicly available other than as a result of a breach of this Section 12.10. Any failure by any of the Administrative Agent, the Issuing Lenders or the Lenders to give any such notice to the Borrower described in this Section 12.10 shall not result in any liability on the part of the Administrative Agent, the Issuing Lenders or the Lenderspurpose.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders and the Issuing Lenders L/C Issuers agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates Affiliates, its auditors and to its and its Affiliates’ respective Related Parties on a need to know basis (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential on substantially the same terms as provided hereinconfidential), (b) upon to the request extent required or demand of requested by any regulatory authority purporting to have jurisdiction over such Person or any of its Affiliates Related Parties (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (), in which case the Administrative Agent, the applicable such Lender or the applicable Issuing Lender shall, such L/C Issuer shall (i) except with respect to any audit or examination conducted by bank accountants or any governmental bank governmental, regulatory, or self-regulatory authority exercising examination or regulatory authority, promptly notify the Borrower, in advance, to the extent practicable and lawfully permitted by Law, notify the Company promptly in CHAR1\1976173v4 advance thereof and (ii) use commercially reasonable efforts to do so)ensure that any such Information disclosed is accorded confidential treatment, (c) to the extent required by Applicable Laws applicable laws or regulations, by any compulsory legal process or pursuant to a subpoena or an the order of any court or administrative agency or in any pending legal legal, judicial or administrative proceeding or process (proceeding, in which case, case the Administrative Agent, such Lender or such L/C Issuer shall (i) notify the applicable Lender Company of the proposed disclosure in advance to the extent not prohibited by Law, compulsory legal process or the applicable Issuing administrative agency, provided if the Administrative Agent, such Lender shallor such L/C Issuer is unable to notify the Company in advance of such disclosure, such notice shall be delivered promptly thereafter to the extent practicable and permitted by Applicable Law, inform the Borrower promptly in advance thereof so the Borrower may seek a protective order or take other appropriate action)Law and (ii) use commercially reasonable efforts to ensure that any such Information disclosed is accorded confidential treatment, (d) to any other party hereto, provided that no material non-public information with respect to the Company or its Affiliates, or the respective securities of any of the foregoing, may be disclosed to any Public Lender, (e) in connection with the exercise of any remedies under this Agreement, hereunder or under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, Agreement or any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, (f) subject to an agreement containing provisions substantially the same as those of this SectionSection (it being understood and agreed that any “click through” confidentiality agreement used on SyndTrak is acceptable to the parties hereto for purposes of satisfying the requirements of the exception contemplated in this clause (f)), to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights and obligations under this Agreement, Agreement or any Eligible Assignee invited to be a Lender pursuant to Section 2.16 or (ii) any actual or prospective party (or its Related Parties) to any swap, derivative or other transaction under which payments are to be made by reference to any of the Borrower Borrowers and its their obligations, this Agreement or payments hereunder, (iii) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fund, (g) on a confidential basis to (i) any Rating Agency solely to the extent required rating agency in connection with rating the Borrower Company or its Restricted Subsidiaries or the Credit Facility or credit facilities provided hereunder, (ii) the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring of CUSIP numbers or other market identifiers with respect to the Credit Facilitycredit facilities provided hereunder or (iii) any insurance broker or provider of credit insurance to such Person, (h) with the prior written consent of the BorrowerCompany, or (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (j) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section or (iiy) becomes available to the Administrative Agent, any Lender, any Issuing Lender L/C Issuer or any of their respective Affiliates on a nonconfidential basis from a third party source other than the Company; provided that is notin no event shall any disclosure of Information be made to any Disqualified Institution. In addition, the Administrative Agent and the Lenders may disclose the existence of this Agreement and information about this Agreement to such Person’s knowledgemarket data collectors, subject to confidentiality obligations similar service providers to the Borrower, (k) lending industry and service providers to the extent that such information is independently developed by Administrative Agent and the Administrative AgentLenders in connection with the administration of this Agreement, the applicable Lender or other Loan Documents, and the applicable Issuing Lender or (l) for purposes of establishing a “due diligence” defenseCommitments. For purposes of this Section, “Information” means all information received from any Credit Party the Company or any Subsidiary thereof relating to any Credit Party the Company or any Subsidiary thereof or any of their respective businesses, other than any such information that is available to the Administrative Agent, any Lender or any Issuing Lender L/C Issuer on a nonconfidential basis prior to disclosure by any Credit Party the Company or any Subsidiary thereof other than Subsidiary. Any Person required to maintain the confidentiality of Information as a result of a breach of provided in this Section 12.10. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at the time of delivery thereof, any information received from the Borrower or any Subsidiary after the date hereof shall be deemed considered to have complied with its obligation to do so if such Person has exercised the same degree of care to maintain the confidentiality of such Information as such Person would accord to its own confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10information. Any failure by any Each of the Administrative Agent, the Issuing Lenders and the L/C Issuers acknowledges that (a) the Information may include material non-public information concerning the Company or a Subsidiary, as the Lenders to give any case may be, (b) it has developed compliance procedures regarding the use of material non-public information and (c) it will handle such notice to the Borrower described material non-public information in this Section 12.10 shall not result in any liability on the part of the Administrative Agentaccordance with applicable Law, the Issuing Lenders or the Lendersincluding Canadian federal and provincial securities laws and United States federal and state securities Laws.