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

Treatment of Certain Information; Confidentiality. Each of Administrative Agent and 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 (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); provided that, in no event will the 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 such business activities have been disclosed to Administrative Agent as of the Closing Date; (b) to the extent required or requested by any regulatory authority purporting to have jurisdiction over such Person or its 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 case may be, agrees to inform the Initial Borrowers promptly thereof and provide an opportunity to contest such disclosure, in each case to the extent not prohibited by applicable law); (c) to the extent required by applicable laws or regulations or by any subpoena or similar legal process (in which case Administrative Agent or such Lender, as the case may be, agrees to inform the Initial Borrowers promptly thereof and provide an opportunity to contest such disclosure, in each case to the extent not prohibited by applicable law); (d) to any other Lender; (e) on a confidential basis, in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Credit Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder; (f) subject to an agreement containing provisions substantially the same as those of this Section and with the consent of the applicable Borrower, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in (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 Borrowers and their obligations, this Credit Agreement or payments hereunder; (g) on a confidential basis to (i) any rating agency in connection with rating the Borrowers or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility; (h) with the consent of the Borrowers; or (i) to the extent such Information (x) becomes publicly available other than as a result of a breach of this Section by Administrative Agent, any Lender or any of their respective Affiliates or Related Parties, or (y) becomes available to Administrative Agent, any Lender or any 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 applicable) does not know that such source is prohibited from disclosing such Information. In addition, Administrative Agent, the 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 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 information relating to the tax treatment or tax structure is required to be kept confidential to the extent necessary to comply with any applicable federal or state securities laws, rules, and regulations.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent Agent, the Lenders and each Xxxxxx the Issuing Lenders 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 confidentialconfidential on substantially the same terms as provided herein); provided that, in no event will the 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 such business activities have been disclosed to Administrative Agent as of the Closing Date; (b) to upon the extent required request or requested by demand of any regulatory authority purporting to have jurisdiction over such Person or any of its Related Parties Affiliates (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (in which case the Administrative Agent Agent, the applicable Lender or such Lenderthe applicable Issuing Lender shall, as 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 case may be, agrees to inform the Initial Borrowers promptly thereof and provide an opportunity to contest such disclosureBorrower, in each case advance, to the extent not prohibited by applicable lawpracticable and lawfully permitted to do so); , (c) to the extent required by applicable laws or regulations or by any Applicable Laws pursuant to a subpoena or similar an order of any court or administrative agency or in any pending legal or administrative proceeding or process (in which case case, the Administrative Agent Agent, the applicable Lender or such Lenderthe applicable Issuing Lender shall, as the case may be, agrees to inform the Initial Borrowers promptly thereof and provide an opportunity to contest such disclosure, in each case to the extent not prohibited permitted by applicable lawApplicable 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 Lender; party hereto, (e) on a confidential basis, in connection with the exercise of any remedies hereunder or 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 Credit Agreement or 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 and with the consent of the applicable BorrowerSection, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in (but not including a Competitor unless an Event of Default has occurred and is continuing and the Standstill Period has expired)in, 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 Borrowers Borrower and their its 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 Rating Agency solely to the extent required in connection with rating the Borrowers 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 Borrowers; or 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 (xi) 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 their respective Affiliates or Related Parties, or (y) becomes available to Administrative Agenta 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 Lender information received from the Borrower or any of their respective Affiliates on a non-Subsidiary after the date hereof shall be deemed confidential basis from a source 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 Borrowers if Administrative Agent, such Lender or such Affiliate (as applicable) does not know that such source is prohibited from disclosing such Information. In addition, Administrative Agent, the 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 Issuing Lenders or the Lenders to give any such notice to the Borrower described in connection with this Section 12.10 shall not result in any liability on the administration part of this Credit Agreementthe Administrative Agent, the other Loan Documents, and Issuing Lenders or the Commitments; and (B) use any information (not constituting Information subject to 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 information relating to the tax treatment or tax structure is required to be kept confidential to the extent necessary to comply with any applicable federal or state securities laws, rules, and regulationsLenders.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent Agent, the Lenders and each Xxxxxx the L/C Issuer 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 and its Affiliates’ respective partners, directors, officers, employees, agents, advisors and other representatives 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)) solely in connection with the transactions contemplated or permitted hereby; provided thatthat the Administrative Agent, in no event will the disclosure of Information to such Affiliates or Related Parties facilitate any activity that competes directly with the business activities of any Borrower Lenders or the Investment Adviser L/C Issuer, as such business activities have been disclosed to Administrative Agent as of the Closing Date; case may be, shall be responsible for its Affiliates’ compliance with this clause, (b) to the extent required or requested by any regulatory authority purporting to have jurisdiction over such Person or its Related Parties 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 connection with ratings issued with respect to such Lender (in which case Administrative Agent or such Lenderprovided that, as the case may be, agrees prior to inform the Initial Borrowers promptly thereof and provide an opportunity to contest any such disclosure, such rating agency shall undertake in each case writing to preserve the confidentiality of any confidential Information relating to the extent not prohibited by applicable lawLoan Parties); , (c) to the extent required by applicable laws Applicable Laws or regulations or by any subpoena or similar legal process (in which case process; provided that, unless specifically prohibited by Applicable Law or court order, each Lender and the Administrative Agent or such Lender, as shall promptly notify the case may be, agrees to inform the Initial Borrowers promptly thereof and provide an opportunity to contest Borrower in advance of any such disclosure, in each case to the extent not prohibited by applicable law); (d) to any other Lender; party hereto, (e) on a confidential basis, in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Credit Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder; , (f) subject to an agreement containing provisions substantially the same as those of this Section and with the consent of the applicable Borrower10.23, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in (but not including a Competitor unless an Event of Default has occurred and is continuing and the Standstill Period has expired)in, any of its rights and or obligations under this Credit Agreement, Agreement or (ii) any actual or prospective party counterparty (or its Related Partiesadvisors) (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 Hedge Agreement relating to the Borrowers Borrower and their its obligations, this Credit Agreement or payments hereunder; (g) on a confidential basis to (i) any rating agency in connection with rating the Borrowers or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility; (h) with the consent of the Borrowers; 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 the extent such Information (x) becomes publicly available other than as a result of a breach of this Section by Administrative Agent, any Lender or any of their respective Affiliates or Related Parties, 10.23 or (y) becomes available to the Administrative Agent, any Lender or any of their respective Affiliates on a non-confidential nonconfidential basis from a source other than the Borrowers if Borrower (except to the extent that such Information was available to the Administrative Agent, such any Lender or any of their Affiliates as a result of Administrative Agent’s, any Lender’s or their Affiliates’ ownership interests in the Business or the Borrower). For purposes of this Section 10.23, “Information” means all information received by the Administrative Agent, any Lender or the L/C Issuer, as the case may be, from the Borrower or any of its Subsidiaries relating to the Borrower or any of its Subsidiaries or any of their respective businesses (including any target company and its Subsidiaries in connection with contemplated or consummated Acquisition or other investment), other than any such Affiliate information that is available to the Administrative Agent or any Lender on a nonconfidential basis prior to disclosure by the Borrower or any of its Subsidiaries. Any Person required to maintain the confidentiality of Information as provided in this Section shall 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. 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 applicableprinciples primarily in private equity or venture capital on a proprietary basis (other than, in each case, such Affiliates engaged by the Borrower with respect to the Transactions or any debt fund affiliates or any advisors thereto) does not know that such source is prohibited from disclosing such Information. In addition, or (y) to the knowledge of the Administrative Agent, the LendersLenders or the L/C Issuer, and as the case may be, are engaged in businesses competing with the Borrower (including 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 Affiliate which has been previously identified in writing to the lending industry and service providers Arrangers as such); provided that nothing contained in this Section 10.23 shall prohibit the disclosure of such Information to any officers, directors or employees of any Affiliate of the Administrative Agent Agent, the Lenders or the Lenders in connection with L/C Issuer, as the administration case may be, who reasonably need to know such Information for purposes of this Credit Agreementevaluating, the other Loan Documentsnegotiating, and the Commitments; and (B) use enforcing or consummating any information (not constituting Information subject to 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 hereby, so long as, such tax treatment and tax structure. However, any Information is used solely for such information relating to the tax treatment or tax structure is required to be kept confidential to the extent necessary to comply with any applicable federal or state securities laws, rules, and regulationspurposes.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent and each Xxxxxx the Lenders agrees to maintain the confidentiality of of, and not disclose, 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 (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); provided that, in no event will the 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 such business activities have been disclosed to Administrative Agent as of the Closing Date; (b) to the extent required or requested by any regulatory authority purporting to have jurisdiction over such Person or its Related Parties (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (), in which case Administrative Agent or such Lenderthe disclosing party agrees, as the case may be, agrees to inform the Initial Borrowers promptly thereof and provide an opportunity to contest such disclosure, in each case to the extent not prohibited permitted by applicable law); , rule or regulation and reasonably practicable, to promptly inform the Borrower, except with respect to any audit or examination conducted by bank accountants or any regulatory authority, (c) to the extent required by applicable laws or regulations or by any subpoena or similar legal process process; provided, that, (in which case x) prior to any disclosure under this clause (c), the Administrative Agent or such LenderLender agrees to endeavor to provide the Borrower with prior notice thereof to the extent that the Administrative Agent or such Lender is permitted to provide such prior notice to the Borrower pursuant to the terms of applicable laws and regulations or such subpoena or legal process, as the case may be, agrees and (y) any disclosure under this clause (c) pursuant to inform subpoena or similar legal process shall be limited solely to that portion of the Initial Borrowers promptly thereof and provide an opportunity to contest Information as may be specifically compelled by such disclosuresubpoena or similar legal process, in each case to the extent not prohibited by applicable law); (d) to any other Lender; party hereto, (e) on a confidential basis, as may be reasonably necessary in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Credit Agreement or any other Loan Document 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 and with the consent of the applicable BorrowerSection, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in (but not including a Competitor unless an Event of Default has occurred and is continuing and the Standstill Period has expired)in, any of its rights and obligations under this Credit Agreement, 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 Borrowers a Loan Party and their its obligations, this Credit Agreement or payments hereunder; , (g) on a confidential basis to (i) any rating agency in connection with rating the Borrowers Borrower or its Subsidiaries or the Credit Facility credit facilities provided hereunder or (ii) the CUSIP Service Bureau or any similar agency in connection with the issuance and monitoring of CUSIP numbers or other market identifiers with respect to the Credit Facility; credit facilities provided hereunder, (h) with the consent of the Borrowers; Borrower, (i) to 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 instructed to keep such Information confidential) or (ij) to the extent such Information (x) becomes publicly available other than as a result of a breach of this Section by Administrative Agent, any Lender or any of their respective Affiliates or Related Parties, or (y) becomes available to the Administrative Agent, any Lender or any of their respective Affiliates on a non-confidential nonconfidential basis from a source other than the Borrowers if Administrative AgentBorrower who is not, such Lender or such Affiliate (as applicable) does not know that such source is prohibited from disclosing such Information. In addition, Administrative Agent, the 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 knowledge of the Administrative Agent or the Lenders such Lender, 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 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 breach of any party to this Credit Agreement) may disclose obligation of confidentiality 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 Loan Party or other tax analyses) that are provided to it relating Subsidiary with respect to such tax treatment and tax structure. However, any such information relating to the tax treatment or tax structure is required to be kept confidential to the extent necessary to comply with any applicable federal or state securities laws, rules, and regulationsInformation.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent Agent, the Issuing Banks and each Xxxxxx the Lenders 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 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); provided that, in no event will the 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 such business activities have been disclosed to Administrative Agent as of the Closing Date; (b) to the extent required or requested by any regulatory authority purporting to have jurisdiction over such Person or its Related Parties it (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (and, in which case Administrative Agent or such Lender, as the case may beof any non-ordinary course disclosure under this clause (b), agrees the disclosing party shall use its reasonable efforts to inform the Initial Borrowers Borrower thereof prior to any such disclosure and, in any event, shall promptly thereof and provide an opportunity to contest such disclosureinform the Borrower thereof, in each case to the extent legally permitted to do so; provided that requests from any bank examiner or bank auditor shall not prohibited by applicable lawbe considered to be non-ordinary course); , (c) to the extent required by applicable laws or regulations or by any subpoena or similar legal process (in which case Administrative Agent or such Lender, as the case may be, agrees disclosing party shall use its reasonable efforts to inform the Initial Borrowers Borrower thereof prior to any such disclosure and, in any event, shall promptly thereof and provide an opportunity to contest such disclosureinform the Borrower thereof, in each case to the extent not prohibited by applicable lawlegally permitted to do so); , (d) to any other Lender; party hereto, (e) on a confidential basis, in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Credit Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder; , (f) subject to an agreement containing provisions substantially the same as those of this Section and with the consent of the applicable BorrowerSection, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in (but not including a Competitor unless an Event of Default has occurred and is continuing and the Standstill Period has expired)in, any of its rights and or obligations under this Credit Agreement, Agreement or (ii) any actual or prospective party counterparty (or its Related Partiesadvisors) (but not including a Competitor unless an Event of Default has occurred and is continuing and the Standstill Period has expired), to any swap, swap or derivative or other transaction under which payments are to be made by reference relating to the Borrowers Borrower and their its obligations, this Credit Agreement or payments hereunder; (g) with the consent of the Borrower, (h) with the prior consent of the Borrower, by the Administrative Agent, the Joint Lead Arrangers or any lead arranger in respect of any incremental credit facility to be issued hereunder, in each case on a confidential basis to (i) any rating agency in connection with rating the Borrowers Borrower or its Subsidiaries or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility; (h) with the consent of the Borrowers; credit facilities hereunder or (i) to the extent such Information (x) becomes publicly available other than as a result of a breach of this Section by Administrative Agent, any Lender or any of their respective Affiliates or Related Parties, or (y) becomes available to the Administrative Agent, any Issuing Bank or any Lender or any of their respective Affiliates on a non-confidential nonconfidential basis from a source other than the Borrowers if Administrative Agent, such Lender or such Affiliate (as applicable) does not know that such source is prohibited from disclosing such Information. In addition, Administrative Agent, the 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 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 information relating to the tax treatment or tax structure is required to be kept confidential to the extent necessary to comply with any applicable federal or state securities laws, rules, and regulationsBorrower.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent Agent, the Lenders and each Xxxxxx the L/C Issuer 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 and its Affiliates’ respective partners, directors, officers, employees, agents, advisors and representatives and to 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); provided that, in no event will the 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 such business activities have been disclosed to Administrative Agent as of the Closing Date; (b) to the extent required or requested by any regulatory authority purporting to have jurisdiction over such Person or its Related Parties it (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (in which case Administrative Agent or such Lender, as the case may be, agrees to inform the Initial Borrowers promptly thereof and provide an opportunity to contest such disclosure, in each case to the extent not provided that unless specifically prohibited by applicable lawlaw or court order, the 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 financial condition of the disclosing party by such regulatory authority); , (c) to the extent required by applicable laws or regulations or by any subpoena or similar legal process (in which case Administrative Agent provided that unless specifically prohibited by applicable law or court order, the disclosing party shall endeavor to notify Borrower of such Lender, as the case may be, agrees request prior to inform the Initial Borrowers promptly thereof and provide an opportunity to contest any such disclosure, in each case but only to the extent not prohibited by applicable law); reasonably practicable under the circumstances and on the understanding that neither the Administrative Agent, the Lenders or the L/C Issuer shall incur any liability for failure to give such notice, (d) to any other Lender; party hereto, (e) on a confidential basis, in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Credit Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder; , (f) subject to an agreement containing provisions substantially the same as those of this Section and with the consent of the applicable BorrowerSection, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in (but not including a Competitor unless an Event of Default has occurred and is continuing and the Standstill Period has expired)in, any of its rights and or obligations under this Credit Agreement, Agreement or (ii) any actual or prospective party counterparty (or its Related Partiesadvisors) (but not including a Competitor unless an Event of Default has occurred and is continuing and the Standstill Period has expired), to any swap, swap or derivative or other transaction under which payments are relating to be made by reference to the Borrowers a Loan Party and their its obligations, this Credit Agreement or payments hereunder; (g) on a confidential basis to (i) any rating agency in connection with rating the Borrowers or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility; (h) with the consent of the Borrowers; Borrower or (ih) to the extent such Information (x) becomes publicly available other than as a result of a breach of this Section by Administrative Agent, any Lender or any of their respective Affiliates or Related Parties, or (y) becomes available to the Administrative Agent, any Lender Lender, the L/C Issuer or any of their respective Affiliates on a non-confidential nonconfidential basis from a source other than the Borrowers if Administrative Agent, such Lender or such Affiliate (as applicable) does not know that such source is prohibited from disclosing such Information. In addition, Administrative Agent, the 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 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 information relating to the tax treatment or tax structure is required to be kept confidential to the extent necessary to comply with any applicable federal or state securities laws, rules, and regulationsBorrower.

Treatment of Certain Information; Confidentiality. Each of Administrative Agent and each Xxxxxx other Lending Party each 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 careInformation, 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” 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 confidentialconfidential on the same terms as provided herein); provided that, in no event will the 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 such business activities have been disclosed to Administrative Agent as of the Closing Date; (b) to the extent required or requested by any regulatory authority authority, purporting to have jurisdiction over such Person or its Related Parties it (including any self-regulatory authority, such as the National Association of Insurance Commissioners); provided that, (i) (in which case Administrative Agent or such Lender, as the case may be, agrees to inform the Initial Borrowers promptly thereof and provide an opportunity to contest such disclosure, in each case to the extent not case, unless specifically prohibited by applicable law)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; (c) to the extent required by applicable laws or regulations Laws or by any subpoena or similar legal process (in which case Administrative Agent or such Lender, as the case may be, agrees to inform the Initial Borrowers promptly thereof and provide an opportunity to contest such disclosure, in each case to the extent not prohibited by applicable law)process; (d) to any other Lenderparty hereto; (e) on a confidential basis, in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Credit Agreement or any other Loan Document 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 and with the consent of the applicable Borrower, to 10.07 to: (i) any assignee of or Participant in, or any prospective assignee of or Participant in (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 Borrowers and their obligations, this Credit Agreement or payments hereunder; (g) on a confidential basis to (i) any rating agency in connection with rating the Borrowers or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility; (h) with the consent of the Borrowers; or (i) to the extent such Information (x) becomes publicly available other than as a result of a breach of this Section by Administrative Agent, any Lender or any of their respective Affiliates or Related Parties, or (y) becomes available to Administrative Agent, any Lender or any 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 applicable) does not know that such source is prohibited from disclosing such Information. In addition, Administrative Agent, the 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 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 information relating to the tax treatment or tax structure is required to be kept confidential to the extent necessary to comply with any applicable federal or state securities laws, rules, and regulations.or

Treatment of Certain Information; Confidentiality. Each of Administrative Agent and each Xxxxxx 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 (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); provided that, in no event will the 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 such business activities have been disclosed to Administrative Agent as of the Closing Date; (b) to the extent required or requested by any regulatory authority purporting to have jurisdiction over such Person or its 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 case may be, agrees to inform the Initial Borrowers promptly thereof and provide an opportunity to contest such disclosure, in each case to the extent not prohibited by applicable law); (c) to the extent required by applicable laws or regulations or by any subpoena or similar legal process (in which case Administrative Agent or such Lender, as the case may be, agrees to inform the Initial Borrowers promptly thereof and provide an opportunity to contest such disclosure, in each case to the extent not prohibited by applicable law); (d) to any other Lender; (e) on a confidential basis, in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Credit Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder; (f) subject to an agreement containing provisions substantially the same as those of this Section and with the consent of the applicable Borrower, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in (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 Borrowers and their obligations, this Credit Agreement or payments hereunder; (g) on a confidential basis to (i) any rating agency in connection with rating the Borrowers or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility; (h) with the consent of the Borrowers; or (i) to the extent such Information (x) becomes publicly available other than as a result of a breach of this Section by Administrative Agent, any Lender or any of their respective Affiliates or Related Parties, or (y) becomes available to Administrative Agent, any Lender or any 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 applicable) does not know that such source is prohibited from disclosing such Information. In addition, Administrative Agent, the 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 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 information relating to the tax treatment or tax structure is required to be kept confidential to the extent necessary to comply with any applicable federal or state securities laws, rules, and regulations.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent and each Xxxxxx the Lenders agrees to maintain the confidentiality of of, and not disclose, 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 Affiliates, to its auditors and to its Related Parties and its Affiliates’ respective partners, directors, officers, employees, agents, advisors and representatives who need to know 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 such Information confidential); provided that, in no event will customary confidentiality obligations of professional practice or agree to be bound by the disclosure terms of Information this Section (or language substantially similar to such Affiliates or Related Parties facilitate any activity that competes directly this Section) with the business activities of any Borrower or the Investment Adviser as disclosing party responsible for such business activities have been disclosed to Administrative Agent as of the Closing Date; person’s compliance with this Section), (b) to the extent required or requested by any regulatory authority purporting to have jurisdiction over such Person or its Related Parties it (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (), in which case Administrative Agent the disclosing party agrees, to the extent permitted by law, rule or such Lenderregulation and reasonably practicable, as the case may be, agrees to inform the Initial Borrowers promptly thereof and provide an opportunity Borrower, except with respect to contest such disclosureany customary audit or customary examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, in each case to the extent not prohibited by applicable law); advance thereof, (c) to the extent required by applicable laws or regulations or by any subpoena or similar legal process process; provided that the Person required to disclose such information shall take reasonable efforts (in which case Administrative Agent 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 such Lenderregulation and reasonably practicable, as the case may be, agrees to inform the Initial Borrowers 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 thereof and provide an opportunity to contest such disclosurein advance thereof, in each case to the extent not prohibited by applicable law); (d) to any other Lender; party hereto, (e) on a confidential basis, in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Credit Agreement or any other Loan Document 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 Section and with the consent of the applicable Borrower10.07, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in (but not including a Competitor unless an Event of Default has occurred and is continuing and the Standstill Period has expired)in, any of its rights and or obligations under this Credit Agreement, Agreement or (ii) any actual or prospective party counterparty (or its Related Partiesadvisors) (but not including a Competitor unless an Event of Default has occurred and is continuing and the Standstill Period has expired), to any swap, swap or derivative or other transaction under which payments are to be made by reference to the Borrowers Borrower and their its obligations, this Credit Agreement or payments hereunder; , (g) with the consent of the Borrower, (h) to any rating agency when required by it in connection with rating the Borrower or 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 any Lender, (i) on a confidential basis to (i) any rating agency in connection with rating the Borrowers or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility; (h) with the consent of the Borrowers; Loans or (ij) to the extent such Information (x) becomes publicly available other than as a result of a breach of this Section by Administrative Agent, any Lender or any of their respective Affiliates or Related Parties, or (y) becomes available to the Administrative Agent, any Lender or any of their respective Affiliates on a non-confidential nonconfidential basis from a source other than the Borrowers if Borrower who is not, to the knowledge of the Administrative Agent, such Lender Agent or such Affiliate (as applicable) does not know that such source is prohibited from disclosing Lender, under an obligation of confidentiality to the Borrower with respect to such Information. In addition, the Administrative Agent, Agent and the Lenders, and any of their respective Related Parties, Lenders 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 the Administrative Agent or any of the Lenders in connection with the administration or servicing of this Credit Agreement, the other Loan Documents, Documents and the Commitments; and (B) use any information (not constituting Information subject to 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 information relating to the tax treatment or tax structure is required to be kept confidential to the extent necessary to comply with any applicable federal or state securities laws, rules, and regulations.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent Agent, the Lenders and each Xxxxxx the L/C Issuer 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 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); provided that, in no event will the 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 such business activities have been disclosed to Administrative Agent as of the Closing Date; (b) to the extent required or requested by any regulatory authority purporting to have jurisdiction over such Person or its Related Parties it (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (in which case Administrative Agent or such Lender), as the case may be, agrees to inform the Initial Borrowers promptly thereof and provide an opportunity to contest such disclosure, in each case to the extent not prohibited by applicable law); (c) to the extent required by applicable laws or regulations or by any subpoena or similar legal process (in which case process; provided that the Administrative Agent Agent, such Lender or such Lenderthe L/C Issuer, as the case may be, agrees to inform shall, at the Initial Borrowers promptly thereof sole cost and provide an opportunity to contest expense of the Company, request confidential treatment of such disclosure, in each case confidential information to the extent not prohibited practicable and permitted by applicable law and the Administrative Agent, such Lender or the L/C Issuer, as the case may be, shall, to the extent permitted by applicable law), promptly inform the Company with respect thereto so that the 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 other reliable assurance that confidential treatment will be accorded to the Information, (d) to any other Lender; party hereto, (e) on a confidential basis, in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Credit Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder; , (f) subject to an agreement containing provisions substantially the same as those of this Section and with the consent of the applicable Borrower10.07, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in (but not including a Competitor unless an Event of Default has occurred and is continuing and the Standstill Period has expired)in, any of its rights and or obligations under this Credit 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) (but not including a Competitor unless an Event of Default has occurred and is continuing and the Standstill Period has expired), to any swap, swap or derivative or other transaction under which payments are relating to be made by reference to the Borrowers a Borrower and their its obligations, this Credit Agreement or payments hereunder; (g) on a confidential basis to (i) any rating agency in connection with rating the Borrowers Company or its Subsidiaries or the Credit Facility credit facilities provided hereunder or (ii) the CUSIP Service Bureau or any similar agency in connection with the issuance and monitoring of CUSIP numbers of other market identifiers with respect to the Credit Facility; credit facilities provided hereunder, (h) with the consent of the Borrowers; Company or (i) to the extent such Information (x) becomes publicly available other than as a result of a breach of this Section by Administrative Agent, any Lender or any of their respective Affiliates or Related Parties, 10.07 or (y) becomes available to the Administrative Agent, any Lender Lender, the L/C Issuer or any of their respective Affiliates on a non-confidential nonconfidential basis from a source other than the Borrowers if Company, which source, to the actual knowledge of the Administrative Agent, such Lender or such Affiliate (the L/C Issuer, as applicable) does the case may be, is not know that such source is prohibited from disclosing such Information to such Person by a contractual, legal or fiduciary obligation to the Company, the Administrative Agent, any Lender or the L/C Issuer. For purposes of this Section 10.07, “Information” means all information received from the Company or any Subsidiary relating to the Company or any Subsidiary or any of their respective businesses, other than any such information that is available to the Administrative Agent, any Lender or the L/C Issuer on a nonconfidential basis prior to disclosure by the Company or any Subsidiary. In addition, Any Person required to maintain the confidentiality of Information as provided in this Section 10.07 shall 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. Each of the Administrative Agent, the 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; L/C Issuer acknowledges that (a) the Information may include material non-public information concerning the Company or a Subsidiary, as the case may be, (b) it has developed compliance procedures regarding the use of material non-public information and (Bc) use any it will handle such material non-public information (not constituting Information subject to the foregoing confidentiality restrictions) related to the syndication and arrangement of the credit facilities contemplated by this Credit Agreement in connection accordance with marketing, press releases, or other transactional announcements or updates provided to investor or trade publicationsapplicable Law, 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 (United States Federal 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 information relating to the tax treatment or tax structure is required to be kept confidential to the extent necessary to comply with any applicable federal or state securities laws, rules, and regulationsLaws.

Treatment of Certain Information; Confidentiality. Each of Administrative Agent and each Xxxxxx (1) The 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 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 (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); provided thatBorrower promptly thereof, in no event will the 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 such business activities have been disclosed to Administrative Agent as of the Closing Dateadvance); (b) to upon the extent required request or requested by demand of any regulatory authority purporting to have jurisdiction over such Person or its Related Parties Affiliates (including in which case, to the extent permitted by Applicable Law, such Person shall, except with respect to any self-audit or examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, such as promptly notify the National Association of Insurance Commissioners) (Borrower in which case Administrative Agent or such Lender, as the case may be, agrees to inform the Initial Borrowers promptly thereof and provide an opportunity to contest such disclosure, in each case to the extent not prohibited by applicable lawadvance); (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 confidential nature of such information and are or regulations or by any subpoena or similar legal process (in which case Administrative Agent or such Lender, as the case may be, agrees have been advised of their obligation to inform the Initial Borrowers promptly thereof and provide an opportunity to contest such disclosure, in each case to the extent not prohibited by applicable law)keep information of this type confidential; (d) to the extent any such information becomes publicly available other Lenderthan by reason of disclosure by such Person in breach of this provision or is received by such Person from a third party that is not to such Person’s knowledge subject to confidentiality obligations to the Borrower or any of its Affiliates; (e) on a confidential basis, in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Credit Agreement or any other Loan Document or the enforcement of rights hereunder or thereunderBorrower’s prior written consent; (f) subject to an agreement containing provisions substantially the same as those of this Section and with the consent of the applicable Borrower, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in (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 (extent independently developed by such Person 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 Borrowers and their obligations, this Credit Agreement or payments hereunderAffiliates; (g) in protecting and enforcing the rights of the Lender with respect to this Agreement and the other Loan Documents including for the purposes of establishing a “due diligence” defense; and (h) on a confidential basis to (i) any rating agency in connection with rating the Borrowers actual or the Credit Facility prospective direct or (ii) the CUSIP Service Bureau indirect contractual counterparty to any swap or any similar agency in connection with the issuance and monitoring of CUSIP numbers with respect derivative transaction relating to the Credit Facility; (h) with the consent of the Borrowers; or (i) to the extent such Information (x) becomes publicly available other than as a result of a breach of this Section by Administrative Agent, any Lender Borrower or any of their respective Affiliates or Related Parties, or (y) becomes available to Administrative Agent, any Lender or any its Subsidiaries; provided that the disclosure 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 applicable) does not know that such source is prohibited from disclosing such Information. In addition, Administrative Agent, the 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 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 information relating 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 tax treatment Borrower). The Lender shall be liable for any violation of the confidentiality restrictions set forth herein by any of its employees or tax structure is required to be kept confidential to the extent necessary to comply with any applicable federal or state securities laws, rules, and regulationsdirectors.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent and each Xxxxxx 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 (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); provided that, in no event will the 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 such business activities have been disclosed to Administrative Agent as of the Closing Date; (b) to the extent required or requested by any regulatory authority purporting to have jurisdiction over such Person or its Related Parties (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (in which case the Administrative Agent or such Lender, as the case may be, agrees to inform the Initial Borrowers Borrower promptly thereof and provide an opportunity to contest such disclosure, in each case to the extent not prohibited by applicable law); (c) to the extent required by applicable laws or regulations or by any subpoena or similar legal process (in which case the Administrative Agent or such Lender, as the case may be, agrees to inform the Initial Borrowers Borrower promptly thereof and provide an opportunity to contest such disclosure, in each case to the extent not prohibited by applicable law); (d) to any other Lender; (e) on a confidential basis, in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Credit Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder; (f) subject to an agreement containing provisions substantially the same as those of this Section and with the consent of the applicable BorrowerSection, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in (in, but not including a Competitor unless an Event of Default has occurred and is continuing and the Standstill Period has expired)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 unless an Event of Default has occurred and is continuing and the Standstill Period has expired)Competitor, to any swap, derivative or other transaction under which payments are to be made by reference to the Borrowers and their obligations, this Credit Agreement or payments hereunder; (g) on a confidential basis to (i) any rating agency in connection with rating the Borrowers or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility; (h) with the consent of the Borrowers; or (i) to the extent such Information (x) becomes publicly available other than as a result of a breach of this Section by Administrative Agent, any Lender or any of their respective Affiliates or Related Parties, or (y) becomes available to Administrative Agent, any Lender or any 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 applicable) does not know that such source is prohibited from disclosing such Information. In addition, Administrative Agent, the 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 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 information relating to the tax treatment or tax structure is required to be kept confidential to the extent necessary to comply with any applicable federal or state securities laws, rules, and regulations.

Treatment of Certain Information; Confidentiality. Each of Administrative Agent the Agents, Lenders and each Xxxxxx L/C Issuers 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 careInformation, except that Information may be disclosed (a) to its Affiliates and to its Related Parties 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); , provided that, in no event will the 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 such business activities have been disclosed to Administrative Agent as each of the Closing Date; Agents, Lenders and L/C Issuers shall be liable for any breach of this Section 11.07 by its and its Affiliates’ respective partners, directors, officers, employees, agents, trustees, advisors and representatives, (b) to the extent required or requested by any regulatory authority purporting to have jurisdiction over such Person or its Related Parties it (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (in which case Administrative Agent ); provided that, except with respect to any audit or such Lenderexamination conducted by bank or other applicable financial accountants or any governmental bank or other applicable financial authority exercising examination or regulatory approval, as each of the case may beAgents, agrees to Lenders and L/C Issuer shall inform the Initial Borrowers Borrower promptly thereof and provide an opportunity prior to contest such disclosure, in each case to the extent not prohibited by applicable law); (c) to the extent required by applicable laws or regulations or by any subpoena or similar legal process (in which case Administrative Agent process; provided that, except with respect to any audit or such Lenderexamination conducted by bank or other applicable financial accountants or any governmental bank or other applicable financial authority exercising examination or regulatory approval, as each of the case may beAgents, agrees to Lenders and L/C Issuer shall inform the Initial Borrowers Borrower promptly thereof and provide an opportunity prior to contest such disclosure, in each case to the extent not prohibited by applicable law); (d) to any other Lender; party hereto, (e) on a confidential basis, in connection with the exercise of any remedies hereunder or under any other Loan Credit Document or any action or proceeding relating to this Credit Agreement or any other Loan Credit Document or the enforcement of rights hereunder or thereunder; , (f) subject to an agreement containing provisions substantially the same as those of this Section and with the consent of the applicable Borrower11.07, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in (but not including a Competitor unless an Event of Default has occurred and is continuing and the Standstill Period has expired)in, any of its rights and or obligations under this Credit Agreement, Agreement or (ii) any actual or prospective party counterparty (or its Related Partiesadvisors) (but not including a Competitor unless an Event of Default has occurred and is continuing and the Standstill Period has expired), to any swap, swap or derivative or other transaction under which payments are to be made by reference relating to the Borrowers Borrower and their its obligations, this Credit Agreement or payments hereunder; (g) on a subject to each such Person being informed of the confidential basis nature of the Information and to their agreement to keep such Information confidential, to (i) any rating agency an investor or prospective investor in connection with rating securities issued by an Approved Fund that also agrees that Information shall be used solely for the Borrowers or purpose of evaluating an investment in such securities issued by the Credit Facility or Approved Fund, (ii) the CUSIP Service Bureau a trustee, collateral manager, servicer, backup servicer, noteholder or any similar agency secured party in securities issued by an Approved Fund in connection with the issuance administration, servicing and monitoring of CUSIP numbers with respect reporting on the assets serving as collateral for securities issued by an Approved Fund, or (iii) a nationally recognized rating agency that requires access to information regarding the Credit Facility; Parties, the Loans and Credit Documents in connection with ratings issued in respect of securities issued by an Approved Fund, (h) with the consent of the Borrowers; Borrower or (i) to the extent such Information (x) becomes publicly available other than as a result of a breach of this Section by Administrative Agent, any Lender or any of their respective Affiliates or Related Parties, 11.07 or (y) becomes available to Administrative any Agent, any Lender Lender, L/C Issuer or any of their respective Affiliates on a non-confidential basis from a source other than the Borrowers if Administrative Agent, such Lender Borrower or such Affiliate (as applicable) does not know any of its Affiliates; provided that such source is prohibited from disclosing such Informationno disclosure shall be made to any Disqualified Institution. In addition, the Administrative Agent, Agent and the Lenders, and any of their respective Related Parties, Lenders 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 Lead Arrangers, Agents and the Lenders in connection with the administration of this Credit Agreement, the other Loan Credit Documents, the Loans and the Commitments; and (B) use any information (not constituting Information subject to 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 information relating to the tax treatment or tax structure is required to be kept confidential to the extent necessary to comply with any applicable federal or state securities laws, rules, and regulations.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent Agent, the Issuing Bank and each Xxxxxx the Lenders 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 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); provided that, in no event will the 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 such business activities have been disclosed to Administrative Agent as of the Closing Date; (b) to the extent required or requested by any regulatory authority purporting to have jurisdiction over such Person or its Related Parties it (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (and, in which case Administrative Agent or such Lender, as the case may beof any non-ordinary course disclosure under this clause (b), agrees the disclosing party shall use its reasonable efforts to inform the Initial Borrowers Borrower thereof prior to any such disclosure and, in any event, shall promptly thereof and provide an opportunity to contest such disclosureinform the Borrower thereof, in each case to the extent not prohibited by applicable lawlegally permitted to do so); , (c) to the extent required by applicable laws or regulations or by any subpoena or similar legal process (in which case Administrative Agent or such Lender, as the case may be, agrees disclosing party shall use its reasonable efforts to inform the Initial Borrowers Borrower thereof prior to any such disclosure and, in any event, shall promptly thereof and provide an opportunity to contest such disclosureinform the Borrower thereof, in each case to the extent not prohibited by applicable lawlegally permitted to do so); , (d) to any other Lender; party hereto, (e) on a confidential basis, in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Credit Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder; , (f) subject to an agreement containing provisions substantially the same as those of this Section and with the consent of the applicable BorrowerSection, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in (but not including a Competitor unless an Event of Default has occurred and is continuing and the Standstill Period has expired)in, any of its rights and or obligations under this Credit Agreement, Agreement or (ii) any actual or prospective party counterparty (or its Related Partiesadvisors) (but not including a Competitor unless an Event of Default has occurred and is continuing and the Standstill Period has expired), to any swap, swap or derivative or other transaction under which payments are to be made by reference relating to the Borrowers Borrower and their its obligations, this Credit Agreement or payments hereunder; (g) on a confidential basis to (i) any rating agency in connection with rating the Borrowers or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility; (h) with the consent of the Borrowers; Borrower or (ih) to the extent such Information (x) becomes publicly available other than as a result of a breach of this Section by Administrative Agent, any Lender or any of their respective Affiliates or Related Parties, or (y) becomes available to the Administrative Agent, the Issuing Bank or any Lender or any of their respective Affiliates on a non-confidential nonconfidential basis from a source other than the Borrowers if Administrative Agent, such Lender or such Affiliate (as applicable) does not know that such source is prohibited from disclosing such Information. In addition, Administrative Agent, the 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 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 information relating to the tax treatment or tax structure is required to be kept confidential to the extent necessary to comply with any applicable federal or state securities laws, rules, and regulationsBorrower.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent and each Xxxxxx the Lenders 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 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” (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)) solely in connection with the transactions contemplated or permitted hereby; provided that, in no event will that the disclosure of Information to such Affiliates or Related Parties facilitate any activity that competes directly with the business activities of any Borrower Administrative Agent or the Investment Adviser Lenders, as such business activities have been disclosed to Administrative Agent as of the Closing Date; case may be, shall be responsible for their respective Affiliates’ compliance with this clause, (b) to the extent required or requested by any regulatory authority purporting to have having jurisdiction over such Person or its Related Parties (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 connection with ratings issued with respect to such Lender (in which case Administrative Agent or such Lenderprovided that, as the case may be, agrees prior to inform the Initial Borrowers promptly thereof and provide an opportunity to contest any such disclosure, such rating agency shall undertake in each case writing to preserve the confidentiality of any confidential Information relating to the extent not prohibited by applicable lawLoan Parties); , (c) to the extent required by applicable laws Applicable Laws or regulations or by any subpoena or similar legal process (in which case process; provided that, unless specifically prohibited by Applicable Law or court order, each Lender and the Administrative Agent or such Lender, as shall promptly notify the case may be, agrees to inform the Initial Borrowers promptly thereof and provide an opportunity to contest Borrower in advance of any such disclosure, in each case to the extent not prohibited by applicable law); (d) to any other Lender; party hereto, (e) on a confidential basis, in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Credit Agreement or any other Loan Document 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 Section and with the consent of the applicable Borrower10.23, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in (but not including a Competitor unless an Event of Default has occurred and is continuing and the Standstill Period has expired)in, any of its rights and or obligations under this Credit 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) (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 Hedge Agreement relating to the Borrowers Borrower and their its obligations, this Credit Agreement or payments hereunder; (g) on a confidential basis with the consent of the Borrower, (h) (x) to (i) any rating agency in connection with rating the Borrowers Borrower or its Subsidiaries or the Credit Facility facilities evidenced by this Agreement or (iiy) the CUSIP Service Bureau or any similar agency in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility; (h) with the consent of the Borrowers; or facilities evidenced by this Agreement, (i) to the extent such Information (x) becomes publicly available other than as a result of a breach of this Section by Administrative Agent, any Lender or any of their respective Affiliates or Related Parties, 10.23 or (y) becomes available to the Administrative Agent, any Lender or any of their respective Affiliates on a non-confidential nonconfidential basis from a source other than the Borrowers if Administrative AgentBorrower, such Lender or such Affiliate (as applicablej) does not know for purposes of establishing a “due diligence” defense, (k) to the extent that such source information is prohibited from disclosing such Informationindependently developed, so long as not based on information obtained in a manner that would otherwise violate this Section 10.23. In addition, Administrative Agent, the Lenders, Agents and any of their respective Related Parties, the Lenders may (A) disclose the existence of this Credit Agreement and customary information about this Credit Agreement to market data collectors, similar service providers to the lending industry industry, and service providers to Administrative Agent or the Agents and the Lenders in connection with the administration and management of this Credit Agreement, the other Loan Documents, the Commitments, and the CommitmentsCredit Extensions; provided that such Person is advised of and (B) use agrees to be bound by the provisions of this Section 10.23. For purposes of this Section 10.23, “Information” means all information received by the Administrative Agent or any information (not constituting Information subject Lender, as the case may be, from the Borrower or any of its Subsidiaries relating to the foregoing confidentiality restrictions) related to the syndication Borrower or any of its Subsidiaries or any of their respective businesses (including any target company and arrangement of the credit facilities contemplated by this Credit Agreement its Subsidiaries in connection with marketing, press releases, contemplated or consummated Acquisition or other transactional announcements or updates provided to investor or trade publicationsinvestment), 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, than any such information relating that is available to the tax treatment Administrative Agent or tax structure is any Lender on a nonconfidential basis prior to disclosure by the Borrower or any of its Subsidiaries. Any Person required to maintain the confidentiality of Information as provided in this Section 10.23 shall be kept 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. Notwithstanding the foregoing, the Administrative Agent and the Lenders agree not to the extent necessary disclose any Information to comply with any applicable federal or state securities laws, rules, and regulationsa Prohibited Lender.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent and each Xxxxxx the Lenders 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 Affiliates, its auditors and to its Related Parties on a 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); provided that, in no event will confidential pursuant to the disclosure of terms hereof and (ii) the Borrower’s prior written consent shall be required prior to providing any such Information to such Affiliates any controlling persons or Related Parties facilitate any activity that competes directly with the business activities equity holders of any Borrower Arranger or the Investment Adviser as such business activities have been disclosed to Administrative Agent as of the Closing Date; Lender), (b) to the extent required or requested by any regulatory authority purporting to have having jurisdiction over such Person or its 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 case may be, disclosing Person agrees to inform the Initial Borrowers Borrower promptly thereof and provide an opportunity prior to contest such disclosure, in each case to the extent not unless such Person is prohibited by applicable law); Applicable Law from so informing the Borrower, or except in connection with any request as part of any audit or regulatory examination, (c) to the extent required by applicable laws Applicable Laws or regulations or by any subpoena or similar legal process (process, in which case Administrative Agent the disclosing Person (except in connection with any order or such Lender, request as the case may be, part of any routine audit or examination conducted by bank accountants or any regulatory examination or audit) agrees to inform the Initial Borrowers Borrower promptly thereof and provide an opportunity prior to contest such disclosure, in each case to the extent not prohibited by applicable law); (d) to any other Lender; party hereto, (e) on a confidential basis, to the extent necessary in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Credit Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder; , (f) subject to an agreement containing provisions substantially the same as those of this Section and with the consent of the applicable Borrower10.8, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in (but not including a Competitor unless an Event of Default has occurred and is continuing and the Standstill Period has expired)in, any of its rights and obligations under this Credit Agreement, (ii) potential investors and re-insurance and insurance brokers or (iiiii) 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 Borrowers Borrower and their its obligations, this Credit Agreement or payments hereunder; , (g) on a confidential basis to (i) any rating agency in connection with rating the Borrowers Borrower or its Subsidiaries or the Credit Facility credit facilities provided hereunder or (ii) the CUSIP Service Bureau or any similar agency in connection with the issuance application, issuance, publishing and monitoring of CUSIP numbers or other market identifiers with respect to the Credit Facility; credit facilities provided hereunder, (h) with the prior written consent of the Borrowers; Borrower or (i) to the extent such Information (x) becomes publicly available other than as a result of a breach of this Section by 10.8, (y) becomes available to the Administrative Agent, any Lender or any of their respective Affiliates or Related Parties, or (y) becomes available to Administrative Agent, any Lender or any of their respective Affiliates on a non-confidential basis from a source other than the Borrowers if Administrative Agent, such Lender Borrower that is not to the recipient’s (or such Affiliate any of its Related Party’s) knowledge subject to confidentiality obligations to the Borrower or any of its Related Parties or (as applicablez) does not know that such source is prohibited independently discovered or developed by a party hereto without utilizing any Information received from disclosing such Informationthe Borrower or violating the terms of this Section 10.8. In addition, the Administrative Agent, Agent and the Lenders, and any of their respective Related Parties, Lenders may (A) disclose the existence of this Credit Agreement and information about this Credit Agreement 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 Agent or and 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 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 information relating to the tax treatment or tax structure is required to be kept confidential to the extent necessary to comply with any applicable federal or state securities laws, rules, and regulations.

Treatment of Certain Information; Confidentiality. Each of Administrative Agent Agent, Lenders and each Xxxxxx the L/C Issuer 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 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); provided that, in no event will the 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 such business activities have been disclosed to Administrative Agent as of the Closing Date; (b) to the extent required or requested by any regulatory authority authority, purporting to have jurisdiction over such Person or its Related Parties it (including any self-regulatory authority); provided that, such as the National Association of Insurance Commissioners) (in which case Administrative Agent or such Lender, as the case may be, agrees to inform the Initial Borrowers promptly thereof and provide an opportunity to contest such disclosure, in each case to the extent it may lawfully do so, Agent, any such Lender or the L/C Issuer, shall use commercially reasonable efforts to notify Borrower of such requirement prior to any disclosure of such information to a party that Agent, such Lender or the L/C Issuer reasonably believes may not prohibited keep such information confidential and shall reasonably cooperate with Borrower in any lawful effort by applicable law); Borrower to prevent or limit such disclosure or otherwise protect the confidentiality of such information, (c) to the extent required by applicable laws or regulations or by any subpoena or similar legal process (in which case Administrative Agent or such Lenderprocess; provided that, as the case may be, agrees to inform the Initial Borrowers promptly thereof and provide an opportunity to contest such disclosure, in each case to the extent it may lawfully do so, Agent, any such Lender or the L/C Issuer, shall use commercially reasonable efforts to notify Borrower of such requirement prior to any disclosure of such information to a party that Agent, such Lender or the L/C Issuer reasonably believes may not prohibited keep such information confidential and shall reasonably cooperate with Borrower in any lawful effort by applicable law); Borrower to prevent or limit such disclosure or otherwise protect the confidentiality of such information, (d) to any other Lender; party hereto, (e) on a confidential basis, in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Credit Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder; , (f) subject to an agreement containing provisions substantially the same as those of this Section and with the consent of the applicable BorrowerSection, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in (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 Borrowers and their obligations, this Credit Agreement or payments hereunder; (g) on a confidential basis to (i) any rating agency in connection with rating the Borrowers or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility; (h) with the consent of the Borrowers; or (i) to the extent such Information (x) becomes publicly available other than as a result of a breach of this Section by Administrative Agent, any Lender or any of their respective Affiliates or Related Parties, or (y) becomes available to Administrative Agent, any Lender or any 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 applicable) does not know that such source is prohibited from disclosing such Information. In addition, Administrative Agent, the 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 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 information relating to the tax treatment or tax structure is required to be kept confidential to the extent necessary to comply with any applicable federal or state securities laws, rules, and regulations.or

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent and each Xxxxxx the Lenders 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 Affiliates, its auditors and to its Related Parties (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); provided that, in no event will confidential and the 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 such business activities have been disclosed to Administrative Agent as or such Lender will be responsible for any the non-compliance with this Section 10.07 of the Closing Date; such a Person which it controls), (b) to the extent required or requested by any regulatory authority purporting to have jurisdiction over such Person or its Related Parties (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (in which case Administrative Agent or and such LenderPerson agrees, as the case may be, agrees to inform the Initial Borrowers promptly thereof and provide an opportunity to contest such disclosure, in each case 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 not prohibited by law, to inform the Borrower promptly after disclosure, (c) to the extent required by applicable laws Applicable Laws or regulations or by any subpoena or similar legal process (in which case Administrative Agent or and such LenderPerson agrees, as the case may be, agrees to inform the Initial Borrowers promptly thereof and provide an opportunity to contest such disclosure, in each case 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 not prohibited by law, promptly after disclosure, (d) to any other Lender; party hereto, (e) on a confidential basis, in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Credit Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder; , (f) subject to an agreement containing provisions substantially the same as those of this Section and with the consent of the applicable Borrower10.07, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in (but not including a Competitor unless an Event of Default has occurred and is continuing and the Standstill Period has expired)in, any of its rights and obligations under this Credit Agreement, 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 Borrowers Borrower and their its obligations, this Credit Agreement or payments hereunder; , (g) on a confidential basis to (i) any rating agency in connection with rating the Borrowers Borrower or its Subsidiaries or the Credit Facility credit facilities provided hereunder or (ii) the CUSIP Service Bureau or any similar agency in connection with the issuance application, issuance, publishing and monitoring of CUSIP numbers or other market identifiers with respect to the Credit Facility; credit facilities provided hereunder, (h) with the consent of the Borrowers; Borrower or (i) to the extent such Information (x) becomes publicly available other than as a result of a breach of this Section by Administrative Agent10.07, any Lender or any of their respective Affiliates or Related Parties, or (y) becomes available to the Administrative Agent, any Lender or any of their respective Affiliates on a non-confidential nonconfidential basis from a source other than the Borrowers if Administrative Agent, such Lender Borrower or such Affiliate (as applicablez) does not know that such source is prohibited independently discovered or developed by a party hereto without utilizing any Information received from disclosing such Informationthe Borrower or violating the terms of this Section 10.07. In addition, the Administrative Agent, Agent and the Lenders, and any of their respective Related Parties, Lenders 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 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 information relating to the tax treatment or tax structure is required to be kept confidential to the extent necessary to comply with any applicable federal or state securities laws, rules, and regulations.data

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent and each Xxxxxx the Lenders 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 (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); provided that, in no event will the 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 such business activities have been disclosed to Administrative Agent as of the Closing Date; (b) to the extent required or requested by any regulatory authority purporting to have jurisdiction over such Person or its Related Parties (Parties, including any self-regulatory authority, such as the National Association of Insurance Commissioners) Commissioners (in which case such Administrative Agent or such LenderLender shall (i) except with respect to any audit or examination conducted by bank accountants or any Governmental Authority exercising examination or regulatory authority, as the case may be, agrees to inform the Initial Borrowers promptly thereof and provide an opportunity to contest such disclosure, in each case to the extent not prohibited permitted by applicable lawLaw, endeavor to notify the Borrower promptly in advance thereof, and in any event, as soon as practical and (ii) use commercially reasonable efforts to ensure that any such Information so disclosed is accorded confidential treatment); , (c) to the extent required by applicable laws Laws or regulations or by any subpoena or similar legal process (in which case such Administrative Agent or such LenderLender shall (i) to the extent permitted by Law, as the case may be, agrees endeavor to inform the Initial Borrowers Borrower promptly thereof in advance thereof, and provide an opportunity in any event, as soon as practical and (ii) use commercially reasonable efforts to contest ensure that any such disclosureInformation so disclosed is accorded confidential treatment), in each case to the extent not prohibited by applicable law); (d) to any other Lender; party hereto, (e) on a confidential basisto the extent reasonably necessary or advisable, in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Credit Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder; , (f) subject to an agreement containing provisions substantially the same as those of this Section and with the consent of the applicable BorrowerSection, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in (but not including a Competitor unless an Event of Default has occurred and is continuing and the Standstill Period has expired)in, any of its rights and obligations under this Credit Agreement, 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 Borrowers Borrower and their its obligations, this Credit Agreement or payments hereunder; hereunder (it being understood that the Disqualified Institution List may be disclosed to any assignee or Participant in, or any prospective assignee of or Participant in, any of its rights and obligations under this Agreement in reliance on this clause (f)), (g) on a confidential basis to (i) any rating agency in connection with rating the Borrowers Borrower or the Credit Facility credit facilities provided hereunder (provided that any such disclosure shall be made in consultation with the Borrower) or (ii) the CUSIP Service Bureau or any similar agency in connection with the issuance and monitoring of CUSIP numbers or other market identifiers with respect to the Credit Facility; credit facilities provided hereunder, (h) with the consent of the Borrowers; or Borrower, (i) to the extent such Information (x) becomes publicly available other than as a result of a breach of this Section by Administrative Agent, any Lender or any of their respective Affiliates or Related Parties, or (y) becomes available to the Administrative Agent, any Lender or any of their respective Affiliates on a non-confidential nonconfidential basis from a source other than the Borrowers if Administrative AgentBorrower or (j) to data service providers, such Lender or such Affiliate (as applicable) does not know including league table providers, that such source is prohibited from disclosing such Information. In addition, Administrative Agent, the 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 serve 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 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 information relating to the tax treatment or tax structure is required to be kept confidential to the extent necessary to comply with any applicable federal or state securities laws, rules, and regulationsindustry.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent Agent, the Lenders and each Xxxxxx the L/C Issuer 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 and its Affiliates’ respective partners, directors, officers, employees, agents, advisors and other representatives 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)) solely in connection with the transactions contemplated or permitted hereby; provided thatthat the Administrative Agent, in no event will the disclosure of Information to such Affiliates or Related Parties facilitate any activity that competes directly with the business activities of any Borrower Lenders or the Investment Adviser L/C Issuer, as such business activities have been disclosed to Administrative Agent as of the Closing Date; case may be, shall be responsible for its Affiliates’ compliance with this clause, (b) to the extent required or requested by any regulatory authority purporting to have jurisdiction over such Person or its Related Parties 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 connection with ratings issued with respect to such Lender (in which case Administrative Agent or such Lenderprovided that, as the case may be, agrees prior to inform the Initial Borrowers promptly thereof and provide an opportunity to contest any such disclosure, such rating agency shall undertake in each case writing to preserve the confidentiality of any confidential Information relating to the extent not prohibited by applicable lawLoan Parties); , (c) to the extent required by applicable laws Applicable Laws or regulations or by any subpoena or similar legal process (in which case process; provided that, unless specifically prohibited by Applicable Law or court order, each Lender and the Administrative Agent or such Lender, as shall promptly notify the case may be, agrees to inform the Initial Borrowers promptly thereof and provide an opportunity to contest Borrower in advance of any such disclosure, in each case to the extent not prohibited by applicable law); (d) to any other Lender; party hereto, (e) on a confidential basis, in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Credit Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder; , (f) subject to an agreement containing provisions substantially the same as those of this Section and with the consent of the applicable Borrower10.23, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in (but not including a Competitor unless an Event of Default has occurred and is continuing and the Standstill Period has expired)in, any of its rights and or obligations under this Credit Agreement, Agreement or (ii) any actual or prospective party counterparty (or its Related Partiesadvisors) (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 Hedge Agreement relating to the Borrowers Borrower and their its obligations, this Credit Agreement or payments hereunder; (g) on a confidential basis to (i) any rating agency in connection with rating the Borrowers or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility; (h) with the consent of the Borrowers; 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 the extent such Information (x) becomes publicly available other than as a result of a breach of this Section by Administrative Agent, any Lender or any of their respective Affiliates or Related Parties, 10.23 or (y) becomes available to the Administrative Agent, any Lender or any of their respective Affiliates on a non-confidential nonconfidential basis from a source other than the Borrowers if Borrower (except to the extent that such Information was available to the Administrative Agent, such any Lender or any of their Affiliates as a result of Administrative Agent’s, any Lender’s or their Affiliates’ ownership interests in the Business or the Borrower). For purposes of this Section 10.23, “Information” means all information received by the Administrative Agent, any Lender or the L/C Issuer, as the case may be, from the Borrower or any of its Subsidiaries relating to the Borrower or any of its Subsidiaries or any of their respective businesses (including any target company and its Subsidiaries in connection with contemplated or consummated Acquisition or other investment), other than any such Affiliate information that is available to the Administrative Agent or any Lender on a nonconfidential basis prior to disclosure by the Borrower or any of its Subsidiaries. Any Person required to maintain the confidentiality of Information as provided in this Section shall 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. 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 applicableprinciples primarily in private equity or venture capital on a proprietary basis (other than, in each case, such Affiliates engaged by the Borrower with respect to the Transactions or any debt fund affiliates or any advisors thereto) does not know that such source is prohibited from disclosing such Information. In addition, or (y) to the knowledge of the Administrative Agent, the LendersLenders or the L/C Issuer, and as the case may be, are engaged in businesses competing with the Borrower (including 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 Affiliate which has been previously identified in writing to the lending industry and service providers Joint Lead Arrangers as such); provided that nothing contained in this Section 10.23 shall prohibit the disclosure of such Information to any officers, directors or employees of any Affiliate of the Administrative Agent Agent, the Lenders or the Lenders in connection with L/C Issuer, as the administration case may be, who reasonably need to know such Information for purposes of this Credit Agreementevaluating, the other Loan Documentsnegotiating, and the Commitments; and (B) use enforcing or consummating any information (not constituting Information subject to 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 hereby, so long as, such tax treatment and tax structure. However, any Information is used solely for such information relating to the tax treatment or tax structure is required to be kept confidential to the extent necessary to comply with any applicable federal or state securities laws, rules, and regulationspurposes.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent Agent, the Lenders and each Xxxxxx the L/C Issuers 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 Affiliates, its auditors and to its and its Affiliates’ respective Related Parties (it being understood that who need to know 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 confidentialinformation of this type confidential (and the Administrative Agent, the Lenders and the L/C Issuers shall be responsible for their Related Parties’ compliance with this paragraph); provided that, in no event will the 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 such business activities have been disclosed to Administrative Agent as of the Closing Date; (b) to the extent required or requested by any regulatory authority purporting to have jurisdiction over such Person or its Related Parties (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (), in which case the Administrative Agent Agent, such Lender or such LenderL/C Issuer shall except with respect to any audit or examination conducted by accountants or any governmental, as the case may beregulatory, agrees to inform the Initial Borrowers promptly thereof and provide an opportunity to contest such disclosureor self- regulatory authority exercising examination or regulatory authority, in each case to the extent not prohibited permitted by applicable law); Law, notify the Borrower promptly in advance thereof, (c) to the extent required by applicable laws or regulations or regulations, by any subpoena or similar compulsory legal process (or pursuant to the order of any court or administrative agency in any pending legal, judicial or administrative proceeding, in which case the Administrative Agent Agent, such Lender or such Lender, as L/C Issuer shall notify the case may be, agrees to inform Borrower of the Initial Borrowers promptly thereof and provide an opportunity to contest such disclosure, proposed disclosure in each case advance to the extent not prohibited by Law, compulsory legal process or the applicable law); 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) on a confidential basis, in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Credit Agreement or any other Loan Document 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 Section and in accordance with the consent standard syndication processes of the applicable BorrowerArrangers (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 (but not including a Competitor unless an Event of Default has occurred and is continuing and the Standstill Period has expired)in, any of its rights and obligations under this Credit 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) (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 any of the Borrowers Borrower and their obligations, this Credit Agreement or payments hereunder; , (gh) on a confidential basis to (i) any rating agency in connection with rating the Borrowers Borrower or its Subsidiaries or the Credit Facility or credit facilities provided hereunder, (ii) the CUSIP Service Bureau or any similar agency in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility; (hi) with the prior written consent of the Borrowers; or Borrower, (ij) to the extent such Information (x) becomes publicly available other than as a result of a breach of this Section by Administrative Agent, any Lender or any of their respective Affiliates or Related Parties, or (y) becomes available to the Administrative Agent, any Lender Lender, any L/C Issuer or any of their respective Affiliates on a non-confidential nonconfidential basis from a third-party source other than the Borrowers if Borrower; (k) to the extent that such information was already in possession of the Administrative Agent, such Lender any Lender, any L/C Issuer or such Affiliate any of their respective Affiliates (as applicableexcept to the extent received in a manner restricted by this paragraph) does not know or is independently developed by the Administrative Agent, any Lender, any L/C Issuer or any of their respective Affiliates; or (l) for purposes of establishing a “due diligence” defense in any suit, action or proceeding relating to the Loan Documents; provided that such source is prohibited from disclosing such Informationin no event shall any disclosure of Information be made to any Disqualified Institution. In addition, the Administrative Agent, Agent and the Lenders, and any of their respective Related Parties, Lenders 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 the Administrative Agent or and 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 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 information relating to the tax treatment or tax structure is required to be kept confidential to the extent necessary to comply with any applicable federal or state securities laws, rules, and regulations.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent Agent, the Lenders and each Xxxxxx the L/C Issuer 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 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); provided that, in no event will the 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 such business activities have been disclosed to Administrative Agent as of the Closing Date; (b) to the extent required or requested by any regulatory authority purporting to have jurisdiction over such Person or its Related Parties it (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (in which case Administrative Agent or such Lender), as the case may be, agrees to inform the Initial Borrowers promptly thereof and provide an opportunity to contest such disclosure, in each case to the extent not prohibited by applicable law); (c) to the extent required by applicable laws or regulations or by any subpoena or similar legal process (in which case process, provided that the Administrative Agent Agent, such Lender or such Lenderthe L/C Issuer, as the case may be, agrees to inform shall, at the Initial Borrowers promptly thereof sole cost and provide an opportunity to contest expense of the Company, request confidential treatment of such disclosure, in each case Confidential Information to the extent not prohibited practicable and permitted by applicable law and the Administrative Agent, such Lender or the L/C Issuer, as the case may be, shall, to the extent permitted by applicable law); , promptly inform the Company with respect thereto so that the 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 other reliable assurance that confidential treatment will be accorded to the Information, (d) to any other Lender; party hereto, (e) on a confidential basis, in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Credit Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder; , (f) subject to an agreement containing provisions substantially the same as those of this Section and with the consent of the applicable BorrowerSection, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in (but not including a Competitor unless an Event of Default has occurred and is continuing and the Standstill Period has expired)in, any of its rights and or obligations under this Credit 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) (but not including a Competitor unless an Event of Default has occurred and is continuing and the Standstill Period has expired), to any swap, swap or derivative or other transaction under which payments are relating to be made by reference to the Borrowers a Borrower and their its obligations, this Credit Agreement or payments hereunder; (g) on a confidential basis to (i) any rating agency in connection with rating the Borrowers or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility; (h) with the consent of the Borrowers; Company or (ih) to the extent such Information (x) becomes publicly available other than as a result of a breach of this Section by Administrative Agent, any Lender or any of their respective Affiliates or Related Parties, or (y) becomes available to the Administrative Agent, any Lender Lender, the L/C Issuer or any of their respective Affiliates on a non-confidential nonconfidential basis from a source other than the Borrowers if Company, which source, to the actual knowledge of the Administrative Agent, such Lender or such Affiliate (the L/C Issuer, as applicable) does the case may be, is not know that such source is prohibited from disclosing such Information to such Person by a contractual, legal or fiduciary obligation to the Company, the Administrative Agent, any Lender or the L/C Issuer. For purposes of this Section, “Information” means all information received from the Company or any Subsidiary relating to the Company or any Subsidiary or any of their respective businesses, other than any such information that is available to the Administrative Agent, any Lender or the L/C Issuer on a nonconfidential basis prior to disclosure by the Company or any Subsidiary. In addition, Any Person required to maintain the confidentiality of Information as provided in this Section shall 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. Each of the Administrative Agent, the 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; L/C Issuer acknowledges that (a) the Information may include material non-public information concerning the Company or a Subsidiary, as the case may be, (b) it has developed compliance procedures regarding the use of material non-public information and (Bc) use any it will handle such material non-public information (not constituting Information subject to the foregoing confidentiality restrictions) related to the syndication and arrangement of the credit facilities contemplated by this Credit Agreement in connection accordance with marketing, press releases, or other transactional announcements or updates provided to investor or trade publicationsapplicable Law, 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 (United States Federal 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 information relating to the tax treatment or tax structure is required to be kept confidential to the extent necessary to comply with any applicable federal or state securities laws, rules, and regulationsLaws.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent and each Xxxxxx the Lenders 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 Affiliates, its auditors and to its Related Parties (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); provided that, in no event will confidential and the 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 such business activities have been disclosed to Administrative Agent as or such Lender will be responsible for any the non-compliance with this Section 10.07 of the Closing Date; such a Person which it controls), (b) to the extent required or requested by any regulatory authority purporting to have jurisdiction over such Person or its Related Parties (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (in which case Administrative Agent or and such LenderPerson agrees, as the case may be, agrees to inform the Initial Borrowers promptly thereof and provide an opportunity to contest such disclosure, in each case 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 not prohibited by law, to inform the Borrower promptly after disclosure, (c) to the extent required by applicable laws Applicable Laws or regulations or by any subpoena or similar legal process (in which case Administrative Agent or and such LenderPerson agrees, as the case may be, agrees to inform the Initial Borrowers promptly thereof and provide an opportunity to contest such disclosure, in each case 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 not prohibited by law, promptly after disclosure, (d) to any other Lender; party hereto, (e) on a confidential basis, in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Credit Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder; , (f) subject to an agreement containing provisions substantially the same as those of this Section and with the consent of the applicable Borrower10.07, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in (but not including a Competitor unless an Event of Default has occurred and is continuing and the Standstill Period has expired)in, any of its rights and obligations under this Credit Agreement, 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 Borrowers Borrower and their its obligations, this Credit Agreement or payments hereunder; , (g) on a confidential basis to (i) any rating agency in connection with rating the Borrowers Borrower or its Subsidiaries or the Credit Facility credit facilities provided hereunder or (ii) the CUSIP Service Bureau or any similar agency in connection with the issuance application, issuance, publishing and monitoring of CUSIP numbers or other market identifiers with respect to the Credit Facility; credit facilities provided hereunder, (h) with the consent of the Borrowers; Borrower or (i) to the extent such Information (x) becomes publicly available other than as a result of a breach of this Section by Administrative Agent10.07, any Lender or any of their respective Affiliates or Related Parties, or (y) becomes available to the Administrative Agent, any Lender or any of their respective Affiliates on a non-confidential nonconfidential basis from a source other than the Borrowers if Administrative Agent, such Lender Borrower or such Affiliate (as applicablez) does not know that such source is prohibited independently discovered or developed by a party hereto without utilizing any Information received from disclosing such Informationthe Borrower or violating the terms of this Section 10.07. In addition, the Administrative Agent, Agent and the Lenders, and any of their respective Related Parties, Lenders 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 Agents and the Lenders in connection with the administration of this Credit Agreement, the other Loan Documents, and the Commitments; and (B) use . For purposes of this Section 10.07, “Information” means all information received from the Borrower or any information (not constituting Information subject Subsidiary relating to the foregoing confidentiality restrictions) related to the syndication and arrangement Borrower or any Subsidiary or any of the credit facilities contemplated by this Credit Agreement in connection with marketingtheir respective businesses, 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, than any such information relating that is available to the tax treatment Administrative Agent, any Lender on a nonconfidential basis prior to disclosure by the Borrower or tax structure any Subsidiary, provided that, in the case of information received from the Borrower or any Subsidiary after the date 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 kept 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 to information. Each of the extent necessary to comply Administrative Agent, the Lenders acknowledges that (a) the Information may include material non-public information concerning the Borrower 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 accordance with any applicable federal or Applicable Law, including United States Federal and state securities laws, rules, and regulationsLaws.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent Agent, the Lenders and each Xxxxxx the L/C Issuers 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 (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); provided that, in no event will and the disclosure of Information to such Affiliates or Related Parties facilitate any activity that competes directly with Administrative Agent, the business activities of any Borrower applicable Lender or the Investment Adviser applicable L/C Issuer, as the case may be, shall be responsible for compliance by such business activities have been disclosed to Administrative Agent as of the Closing Date; Persons with such obligations), (b) to the extent required or requested by any regulatory authority purporting to have jurisdiction over such Person or its Related Parties it (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (in which case Administrative Agent or such Lender), as the case may be, agrees to inform the Initial Borrowers promptly thereof and provide an opportunity to contest such disclosure, in each case to the extent not prohibited by applicable law); (c) to the extent required by applicable laws or regulations or by any subpoena or similar legal process process; provided that the Person that discloses any Information pursuant to this clause (c) shall, if permitted by applicable Law or legal process, notify the Borrower in which case Administrative Agent advance of such disclosure or such Lender, as shall provide the case may be, agrees to inform the Initial Borrowers promptly thereof and provide an opportunity to contest Borrower with prompt written notice of such disclosure, in each case to the extent not prohibited by applicable law); (d) to any other Lender; party hereto, (e) on a confidential basis, in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Credit Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder; , (f) subject to an agreement containing provisions substantially the same as those of this Section and with the consent of the applicable BorrowerSection, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in (but not including a Competitor unless an Event of Default has occurred and is continuing and the Standstill Period has expired)in, any of its rights and or obligations under this Credit Agreement, Agreement or (ii) any actual or prospective party counterparty (or its Related Partiesadvisors) (but not including a Competitor unless an Event of Default has occurred and is continuing and the Standstill Period has expired), to any swap, swap or derivative or other transaction under which payments are to be made by reference relating to the Borrowers Borrower and their its obligations, this Credit Agreement or payments hereunder; (g) on a confidential basis to (i) any rating agency in connection with rating the Borrowers or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility; (h) with the written consent of the Borrowers; Borrower or (ih) to the extent such Information (xi) becomes publicly available other than as a result of a breach of this Section by or (ii) becomes available to the Administrative Agent, any Lender or any of their respective Affiliates or Related Parties, or (y) becomes available to Administrative AgentLender, any Lender L/C Issuer or any of their respective Affiliates on a non-confidential nonconfidential basis from a source other than the Borrowers if Administrative Agent, such Lender or such Affiliate (as applicable) does not know that such source is prohibited from disclosing such InformationBorrower. In addition, the Administrative Agent, Agent and the Lenders, and any of their respective Related Parties, Lenders 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 the Administrative Agent or any of the Lenders in connection with the administration or servicing of this Credit Agreement, the other Loan Documents, Documents and the Commitments; and (B) use any information (not constituting Information subject to 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 information relating to the tax treatment or tax structure is required to be kept confidential to the extent necessary to comply with any applicable federal or state securities laws, rules, and regulations.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent Agent, the Lenders and each Xxxxxx the L/C Issuers agrees to maintain the confidentiality of the Information (as defined below) ), and exercise use the same degree of care that it exercises to maintain Information only in connection with the confidentiality of its own proprietary information, but in any event not less than reasonable caretransactions contemplated hereby, except that Information may be disclosed (a) to its Affiliates and to its Related Parties and its Affiliates’ respective partners, directors, officers, employees, agents, trustees, advisors and representatives (provided that the Person to whom such disclosure is made needs to know such Information in connection with the transactions contemplated hereby and 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 confidentialconfidential and shall have agreed to be bound by the confidentiality and use provisions of this Section to the same extent as if they were parties hereto and that the disclosing Person shall be responsible for any breach of this provision); provided that, in no event will the 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 such business activities have been disclosed to Administrative Agent as of the Closing Date; (b) to the extent required or requested by any regulatory authority purporting to have jurisdiction over such Person or its Related Parties it (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (in which case Administrative Agent or such Lender), as the case may be, agrees to inform the Initial Borrowers promptly thereof and provide an opportunity to contest such disclosure, in each case to the extent not prohibited by applicable law); (c) to the extent required by applicable laws or regulations or by any subpoena or similar legal process (in which case Administrative Agent or such Lenderprocess, as the case may be, agrees to inform the Initial Borrowers promptly thereof and provide an opportunity to contest such disclosure, in each case to the extent not prohibited by applicable law); (d) to any other Lender; (e) party hereto on a confidential basis, (e) in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Credit Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder; , (f) subject to an agreement containing provisions substantially the same same, but no less restrictive, as those of this Section and with to which the consent of the applicable BorrowerBorrower is a beneficiary thereof, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in (but not including a Competitor unless an Event of Default has occurred and is continuing and the Standstill Period has expired)in, any of its rights and or obligations under this Credit Agreement, Agreement or any Eligible Assignee invited to be a Lender pursuant to Section 2.13(c) or (ii) any actual or prospective party counterparty (or its Related Partiesadvisors) (but not including a Competitor unless an Event of Default has occurred and is continuing and the Standstill Period has expired), to any swap, swap or derivative or other transaction under which payments are to be made by reference relating to the Borrowers Borrower and their its obligations, this Credit Agreement or payments hereunder; (g) on a confidential basis to (i) any rating agency in connection with rating the Borrowers or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility; (h) with the prior written consent of the Borrowers; Borrower or (ih) to the extent such Information (x) becomes publicly available other than as a result of a breach of this Section or other known confidentiality agreement or obligation; provided that with respect to subsections (b), (c), (e) and (f), the Administrative Agent, such Lender or such L/C Issuer, as the case may be, provides notification to the Borrower within a reasonable time prior to any disclosure or, if such prior notification is not reasonably practicable, then as soon as reasonably practicable, in either case to the extent such notification is not prohibited by the regulatory authority to which such disclosure is made, the legal process in which such disclosure is made and applicable law, as applicable or (y) becomes available to the Administrative Agent, any Lender or any L/C Issuer on a nonconfidential basis from a source other than the Borrower that was not known to be bound by a confidentiality agreement or obligation. For purposes of this Section, “Information” means all information received from or on behalf of the Borrower or any Subsidiary relating to the Borrower or any Subsidiary or any of their respective Affiliates businesses or Related PartiesAffiliates, or (y) becomes other than any such information that is available to the Administrative Agent, any Lender or any of their respective Affiliates L/C Issuer on a non-nonconfidential basis prior to disclosure by the Borrower or any Subsidiary. Any Person required to maintain the confidentiality of Information as provided in this Section shall 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 basis from a source other than information. Each of the Borrowers if Administrative Agent, such Lender or such Affiliate (as applicable) does not know that such source is prohibited from disclosing such Information. In addition, Administrative Agent, the LendersLenders and the L/C Issuers acknowledges that (a) the Information may include material non-public information concerning the Borrower or a Subsidiary, as the case may be, (b) it has developed reasonable and any customary compliance procedures regarding the use of their respective Related Partiesmaterial non-public information and (c) it will handle such material non-public information in accordance with applicable Law, may (A) disclose including United States Federal and state securities Laws. The obligations contained in this Section 10.07 shall survive the existence expiration or termination 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 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 information relating to the tax treatment or tax structure is required to be kept confidential to the extent necessary to comply with any applicable federal or state securities laws, rules, and regulations.

Treatment of Certain Information; Confidentiality. Each of Administrative Agent the Agents and each Xxxxxx the Lenders 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 attorneys, professional advisors, independent auditors and Affiliates and to its Related Parties 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 confidentialconfidential prior to any such disclosure); provided that, in no event will the 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 such business activities have been disclosed to Administrative Agent as of the Closing Date; (b) to the extent required or requested by any regulatory authority purporting to have jurisdiction over such Person or its Related Parties it (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (or pursuant to legal process, in which case Administrative Agent or it shall notify the Borrower of the disclosure thereof unless such Lender, as the case may be, agrees to inform the Initial Borrowers promptly thereof and provide an opportunity to contest such disclosure, in each case to the extent not notification is prohibited by applicable law); , (c) to the extent required by applicable laws Laws or regulations or by any subpoena or similar legal process (process, in which case Administrative Agent or it shall notify the Borrower of the disclosure thereof unless such Lender, as the case may be, agrees to inform the Initial Borrowers promptly thereof and provide an opportunity to contest such disclosure, in each case to the extent not notification is prohibited by applicable law); , (d) to any other Lender; party hereto, (e) on a confidential basis, in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Credit Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder; , (f) subject to an agreement containing provisions substantially the same as those of this Section and with the consent of the applicable Borrower10.07, to (i) any assignee of or Participant inof, or any prospective assignee of or Participant in (but not including a Competitor unless an Event of Default has occurred and is continuing and the Standstill Period has expired)of, any of its rights and or 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 Borrowers and their obligations, this Credit Agreement or payments hereunder; (g) on a confidential basis to (i) any rating agency in connection with rating the Borrowers or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility; (h) with the prior written consent of the Borrowers; or Borrower, (ih) to the extent such Information (x) becomes publicly available other than as a result of a breach of this Section by Administrative Agent, any Lender or any of their respective Affiliates or Related Parties, 10.07 or (y) becomes available to Administrative any Agent, any Lender or any of their respective Affiliates on a non-confidential nonconfidential basis from a source other than the Borrowers if Administrative Agenta Loan Party, such Lender or such Affiliate (as applicablei) consisting of general portfolio information that does not know 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 source is prohibited from disclosing such Information. In additionsecurities issued by an Approved Fund of any Lender, Administrative Agent(B) to a trustee, the Lenderscollateral manager, and servicer, backup servicer, noteholder or secured party in securities issued by an Approved Fund of 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 Lender in connection with the administration of this Credit Agreementadministration, servicing and reporting on the assets serving as collateral for securities issued by such Approved Fund, or (C) to a nationally recognized rating agency that requires access to information regarding the Loan Parties, the other Loans and Loan Documents, and the Commitments; and (B) use any information (not constituting Information subject to the foregoing confidentiality restrictions) related to the syndication and arrangement of the credit facilities contemplated by this Credit Agreement Documents in connection with marketing, press releases, or other transactional announcements or updates provided to investor or trade publications, including the placement ratings issued in respect 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 securities issued by an Approved Fund 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 information relating to the tax treatment or tax structure is required to be kept confidential to the extent necessary to comply with any applicable federal or state securities laws, rules, and regulationsLender.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent and each Xxxxxx agrees 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 (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); provided that, in no event will the 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 such business activities have been disclosed to Administrative Agent as of the Closing Date; (b) to the extent required or requested by any regulatory authority purporting to have jurisdiction over such Person or its Related Parties (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (in which case the Administrative Agent or such LenderLexxxx, as the case may be, agrees to inform the Initial Borrowers Borrower promptly thereof and provide an opportunity to contest such disclosure, in each case to the extent not prohibited by applicable law); (c) to the extent required by applicable laws or regulations or by any subpoena or similar legal process (in which case the Administrative Agent or such Lender, as the case may be, agrees to inform the Initial Borrowers Borrower promptly thereof and provide an opportunity to contest such disclosure, in each case to the extent not prohibited by applicable law); (d) to any other Lender; (e) on a confidential basis, in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Credit Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder; (f) subject to an agreement containing provisions substantially the same as those of this Section and with the consent of the applicable BorrowerSection, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in (in, but not including a Competitor unless an Event of Default has occurred and is continuing and the Standstill Period has expired)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 unless an Event of Default has occurred and is continuing and the Standstill Period has expired)Competitor, to any swap, derivative or other transaction under which payments are to be made by reference to the Borrowers and their obligations, this Credit Agreement or payments hereunder; (g) on a confidential basis to (i) any rating agency in connection with rating the Borrowers or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility; (h) with the consent of the Borrowers; or (i) to the extent such Information (x) becomes publicly available other than as a result of a breach of this Section by Administrative Agent, any Lender or any of their respective Affiliates or Related Parties, or (y) becomes available to Administrative Agent, any Lender or any 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 applicable) does not know that such source is prohibited from disclosing such Information. In addition, Administrative Agent, the 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 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 information relating to the tax treatment or tax structure is required to be kept confidential to the extent necessary to comply with any applicable federal or state securities laws, rules, and regulations.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent Agent, the Lenders and each Xxxxxx the L/C Issuer 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) on a confidential and need-to-know basis to its Affiliates and to its Related Parties and its Affiliates’ respective partners, directors, officers, employees, agents, advisors and representatives who need to know 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 will be subject to keep such Information confidentialcustomary confidentiality obligations of professional practice or will agree (which agreement may be oral or pursuant to company policy) to be bound by the terms of this Section 10.07 (or language substantially similar to this Section 10.07); provided that, in no event will the 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 such business activities have been disclosed to Administrative Agent as of the Closing Date; (b) to the extent required or requested by any regulatory authority purporting to have jurisdiction over such Person or its Related Parties it (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (in which case Administrative Agent or such LenderPerson, as the case may be, agrees to inform the Initial Borrowers promptly thereof and provide an opportunity to contest such disclosure, in each case to the extent not prohibited permitted by applicable law, shall inform the Borrower promptly); , (c) to the extent required pursuant to the order of any court or administrative agency or in any pending legal or administrative proceeding, or by applicable laws (including for purposes of establishing a “due diligence” defense) or regulations or by any subpoena or similar legal process (in which case Administrative Agent or such LenderPerson, as the case may be, agrees to inform the Initial Borrowers promptly thereof and provide an opportunity to contest such disclosure, in each case to the extent not prohibited permitted by applicable law, shall inform the Borrower promptly); , (d) to any other Lender; party hereto, (e) on a confidential basis, in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Credit Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder; , (f) subject to an agreement containing provisions substantially the same as those of this Section and with the consent of the applicable Borrower10.07, to (i) any permitted assignee of or Participant in, or any prospective permitted assignee of or Participant in (but not including a Competitor unless an Event of Default has occurred and is continuing and the Standstill Period has expired)in, any of its rights and or obligations under this Credit Agreement, Agreement or any Additional Lender or any potential Additional Lender or (ii) any actual or prospective party counterparty (or its Related Partiesadvisors) (but not including a Competitor unless an Event of Default has occurred and is continuing and the Standstill Period has expired), to any swap, swap or derivative or other transaction under which payments are to be made by reference relating to the Borrowers Borrower and their its obligations, this Credit Agreement or payments hereunder; (g) on a confidential basis to (i) any rating agency in connection with rating the Borrowers or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility; (h) with the consent of the Borrowers; Borrower or (ih) to the extent such Information (xi) becomes publicly available other than as a result of a breach of this Section by Section, (ii) becomes available to the Administrative Agent, any Lender or any of their respective Affiliates or Related PartiesLender, or (y) becomes available to Administrative Agent, any Lender the L/C Issuer or any of their respective Affiliates on a non-confidential nonconfidential basis from a source other than the Borrowers if Administrative Agent, Borrower or (iii) is independently developed by such Lender or such Affiliate (as applicable) does not know that such source is prohibited from disclosing such Information. In addition, Administrative Agent, the 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 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 information relating to the tax treatment or tax structure is required to be kept confidential to the extent necessary to comply with any applicable federal or state securities laws, rules, and regulationsPerson.

Treatment of Certain Information; Confidentiality. Each of Administrative Agent the Agents, the Lenders and each Xxxxxx L/C Issuer 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 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); provided that, in no event will the 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 such business activities have been disclosed to Administrative Agent as of the Closing Date; (b) to the extent required or requested by any Governmental Authority or regulatory authority purporting to have jurisdiction over such Person or its Related Parties (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (in which case case, the Administrative Agent or such LenderLender or L/C Issuer, as applicable, shall use reasonable efforts to notify the case may be, agrees Borrower prior to inform the Initial Borrowers promptly thereof and provide an opportunity to contest such disclosure, in each case disclosure to the extent not prohibited by applicable lawpracticable and legally permitted to do so); , (c) to the extent required by applicable laws or regulations Laws or by any subpoena or similar legal process (in which case Administrative Agent or such Lenderprocess, as the case may be, agrees to inform the Initial Borrowers promptly thereof and provide an opportunity to contest such disclosure, in each case to the extent not prohibited by applicable law); (d) to any other Lender; party hereto, (e) on a confidential basis, in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Credit Agreement or any other Loan Document 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 Section and with the consent of the applicable Borrower10.07, 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 in (but not including a Competitor unless an Event or their Representatives, it being understood that the Persons to whom such disclosure is made will be informed of Default has occurred the confidential nature of such Information and is continuing and the Standstill Period has expired), instructed to keep such Information confidential) any of its rights and or obligations under this Credit 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) (but not including a Competitor unless an Event of Default has occurred and is continuing and the Standstill Period has expired), to any swap, swap or derivative or other transaction under which payments are to be made by reference relating to the Borrowers Borrower and their its obligations, this Credit Agreement or payments hereunder; (g) on a confidential basis to (i) any rating agency in connection with rating the Borrowers or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility; (h) with the consent of the Borrowers; Borrower or (i) to the extent such Information (x) becomes publicly available other than as a result of a breach of this Section by Administrative Agent, and not in breach of any Lender or agreement binding on any Person (to the knowledge of their respective Affiliates or Related Parties, such Person) or (y) becomes available to the Administrative Agent, any Lender Lender, any L/C Issuer or any of their respective Affiliates on a non-confidential nonconfidential basis from a source other than the Borrowers if Administrative AgentBorrower. For purposes of this Section, such Lender “Information” means all information received from or such Affiliate (as applicable) does not know that such source is prohibited from disclosing such Information. In addition, Administrative Agent, on behalf of the Lenders, and Borrower or any of its Subsidiaries relating to the Borrower or any of its Subsidiaries or any of their respective Related Partiesbusinesses or Affiliates, 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 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, than any such information relating that is available to the tax treatment Administrative Agent, any Lender or tax structure is any L/C Issuer on a nonconfidential basis prior to disclosure by the Borrower or any of its Subsidiaries. Any Person required to maintain the confidentiality of Information as provided in this Section shall be kept 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 to the extent necessary to comply with any applicable federal or state securities laws, rules, and regulationsinformation.

Treatment of Certain Information; Confidentiality. Each of Administrative Agent the Agents and each Xxxxxx the Lenders 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 and its Affiliates’ respective directors, officers, employees and agents, including accountants, legal counsel and other advisors (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); provided that, in no event will the 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 such business activities have been disclosed to Administrative Agent as of the Closing Date; (b) to the extent required or requested by any regulatory authority purporting to have jurisdiction over such Person or its Related Parties it (including any self-regulatory self‑regulatory authority, such as the National Association of Insurance Commissioners) (in which case Administrative Agent or such Lender), as the case may be, agrees to inform the Initial Borrowers promptly thereof and provide an opportunity to contest such disclosure, in each case to the extent not prohibited by applicable law); (c) to the extent required by applicable laws Applicable Laws or regulations or by any subpoena or similar legal process (in which case Administrative Agent or the Agents and/or the Lenders agreeing to furnish the Borrower with notice of such Lender, as the case may be, agrees to inform the Initial Borrowers promptly thereof process and provide an opportunity to contest such disclosuredisclosure as long as furnishing such notice and opportunity would not result in the Agents’ and/or the Lenders’ violation of Applicable Law), in each case to the extent not prohibited by applicable law); (d) to any other Lender; party to this Agreement, (e) on a confidential basis, in connection with the exercise of any remedies hereunder or under any other Loan Document or any suit, action or proceeding relating to this Credit Agreement or any other Loan Document (and, in the case of the Term B-4 Loans, the IntermediateCo Unsecured Guarantee) or the enforcement of rights hereunder or thereunder; , (f) subject to an agreement containing provisions substantially the same as those of this Section and with the consent of the applicable BorrowerSection, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in (but not including a Competitor unless an Event of Default has occurred and is continuing and the Standstill Period has expired)in, any of its rights and or obligations under this Credit Agreement, or (ii) Agreement and any actual or prospective party (counterparty or its Related Parties) (but not including a Competitor unless an Event of Default has occurred and is continuing advisors to any swap or derivative transactions relating to the Loan Parties and the Standstill Period has expired)Obligations so long as such Person or any of their Affiliates does not compete in the retail toy and/or infant products industry, to any swap, derivative or other transaction under which payments are to be made by reference to the Borrowers and their obligations, this Credit Agreement or payments hereunder; (g) on a confidential basis to (i) any rating agency in connection with rating the Borrowers or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility; (h) with the consent of the Borrowers; Loan Parties or (ih) to the extent such Information (xI) becomes publicly available other than as a result of a breach of this Section by Administrative Agent, any Lender or any of their respective Affiliates or Related PartiesSection, or to the knowledge of such Agent or Lender, the breach of any other Person’s obligation to keep the information confidential or (yII) becomes available to Administrative Agent, any Agent or Lender or any of their respective Affiliates on a non-confidential nonconfidential basis from a source other than the Borrowers if Administrative Agent, such Lender or such Affiliate (as applicable) does not know that such source is prohibited from disclosing such Information. In addition, Administrative Agent, the Lenders, and any of their respective Related Loan 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 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 information relating to the tax treatment or tax structure is required to be kept confidential to the extent necessary to comply with any applicable federal or state securities laws, rules, and regulations.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent Agent, the Lenders and each Xxxxxx the L/C Issuers 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 Affiliates, its auditors and to its and its Affiliates’ respective Related Parties (it being understood that who need to know 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 confidentialinformation of this type confidential (and the Administrative Agent, the Lenders and the L/C Issuers shall be responsible for their Related Parties’ compliance with this paragraph); provided that, in no event will the 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 such business activities have been disclosed to Administrative Agent as of the Closing Date; (b) to the extent required or requested by any regulatory authority purporting to have jurisdiction over such Person or its Related Parties (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (), in which case the 159 Administrative Agent Agent, such Lender or such LenderL/C Issuer shall except with respect to any audit or examination conducted by accountants or any governmental, as the case may beregulatory, agrees to inform the Initial Borrowers promptly thereof and provide an opportunity to contest such disclosureor self- regulatory authority exercising examination or regulatory authority, in each case to the extent not prohibited permitted by applicable law); Law, notify the Borrower promptly in advance thereof, (c) to the extent required by applicable laws or regulations or regulations, by any subpoena or similar compulsory legal process (or pursuant to the order of any court or administrative agency in any pending legal, judicial or administrative proceeding, in which case the Administrative Agent Agent, such Lender or such Lender, as L/C Issuer shall notify the case may be, agrees to inform Borrower of the Initial Borrowers promptly thereof and provide an opportunity to contest such disclosure, proposed disclosure in each case advance to the extent not prohibited by Law, compulsory legal process or the applicable law); 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) on a confidential basis, in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Credit Agreement or any other Loan Document 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 Section and in accordance with the consent standard syndication processes of the applicable BorrowerArrangers (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 (but not including a Competitor unless an Event of Default has occurred and is continuing and the Standstill Period has expired)in, any of its rights and obligations under this Credit 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) (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 any of the Borrowers Borrower and their obligations, this Credit Agreement or payments hereunder; , (gh) on a confidential basis to (i) any rating agency in connection with rating the Borrowers Borrower or its Subsidiaries or the Credit Facility or credit facilities provided hereunder, (ii) the CUSIP Service Bureau or any similar agency in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility; (hi) with the prior written consent of the Borrowers; or Borrower, (ij) to the extent such Information (x) becomes publicly available other than as a result of a breach of this Section by Administrative Agent, any Lender or any of their respective Affiliates or Related Parties, or (y) becomes available to the Administrative Agent, any Lender Lender, any L/C Issuer or any of their respective Affiliates on a non-confidential nonconfidential basis from a third-party source other than the Borrowers if Borrower; (k) to the extent that such information was already in possession of the Administrative Agent, such Lender any Lender, any L/C Issuer or such Affiliate any of their respective Affiliates (as applicableexcept to the extent received in a manner restricted by this paragraph) does not know or is independently developed by the Administrative Agent, any Lender, any L/C Issuer or any of their respective Affiliates; or (l) for purposes of establishing a “due diligence” defense in any suit, action or proceeding relating to the Loan Documents; provided that such source is prohibited from disclosing such Informationin no event shall any disclosure of Information be made to any Disqualified Institution. In addition, the Administrative Agent, Agent and the Lenders, and any of their respective Related Parties, Lenders 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 the Administrative Agent or and 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 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 information relating to the tax treatment or tax structure is required to be kept confidential to the extent necessary to comply with any applicable federal or state securities laws, rules, and regulations.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent Agent, the Issuing Banks and each Xxxxxx the Lenders 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 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); provided that, in no event will the 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 such business activities have been disclosed to Administrative Agent as of the Closing Date; (b) to the extent required or requested by any regulatory authority purporting to have jurisdiction over such Person or its Related Parties it (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (and, in which case Administrative Agent or such Lender, as the case may beof any non-ordinary course disclosure under this clause (b), agrees the disclosing party shall use its reasonable efforts to inform the Initial Borrowers Borrower thereof prior to any such disclosure and, in any event, shall promptly thereof and provide an opportunity to contest such disclosureinform the Borrower thereof, in each case to the extent legally permitted to do so; provided that requests from any bank examiner or bank auditor shall not prohibited by applicable lawbe considered to be non-ordinary course); , (c) to the extent required by applicable laws or regulations or by any subpoena or similar legal process (in which case Administrative Agent or such Lender, as the case may be, agrees disclosing party shall use its reasonable efforts to inform the Initial Borrowers Borrower thereof prior to any such disclosure and, in any event, shall promptly thereof and provide an opportunity to contest such disclosureinform the Borrower thereof, in each case to the extent not prohibited by applicable lawlegally permitted to do so); , (d) to any other Lender; party hereto, (e) on a confidential basis, in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Credit Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder; , (f) subject to an agreement containing provisions substantially the same as those of this Section and with the consent of the applicable BorrowerSection, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in (but not including a Competitor unless an Event of Default has occurred and is continuing and the Standstill Period has expired)in, any of its rights and or obligations under this Credit Agreement, Agreement or (ii) any actual or prospective party counterparty (or its Related Partiesadvisors) (but not including a Competitor unless an Event of Default has occurred and is continuing and the Standstill Period has expired), to any swap, swap or derivative or other transaction under which payments are to be made by reference relating to the Borrowers Bor rower and their its obligations, this Credit Agreement or payments hereunder; (g) with the consent of the Borrower, (h) with the prior consent of the Borrower, by the Administrative Agent, the Joint Lead Arrangers or any lead arranger in respect of any incremental credit facility to be issued hereunder, in each case on a confidential basis to (i) any rating agency in connection with rating the Borrowers Borrower or its Subsidiaries or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility; (h) with the consent of the Borrowers; credit facilities hereunder or (i) to the extent such Information (x) becomes publicly available other than as a result of a breach of this Section by Administrative Agent, any Lender or any of their respective Affiliates or Related Parties, or (y) becomes available to the Administrative Agent, any Issuing Bank or any Lender or any of their respective Affiliates on a non-confidential nonconfidential basis from a source other than the Borrowers if Administrative Agent, such Lender or such Affiliate (as applicable) does not know that such source is prohibited from disclosing such Information. In addition, Administrative Agent, the 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 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 information relating to the tax treatment or tax structure is required to be kept confidential to the extent necessary to comply with any applicable federal or state securities laws, rules, and regulationsBorrower.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent Agent, the Issuing Bank and each Xxxxxx the Lenders 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 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); provided that, in no event will the 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 such business activities have been disclosed to Administrative Agent as of the Closing Date; (b) to the extent required or requested by any regulatory authority purporting to have jurisdiction over such Person or its Related Parties it (including any self-regulatory authority, such as the National 50 Association of Insurance Commissioners) (and, in which case Administrative Agent or such Lender, as the case may beof any non-ordinary course disclosure under this clause (b), agrees the disclosing party shall use its reasonable efforts to inform the Initial Borrowers Borrower thereof prior to any such disclosure and, in any event, shall promptly thereof and provide an opportunity to contest such disclosureinform the Borrower thereof, in each case to the extent not prohibited by applicable lawlegally permitted to do so); , (c) to the extent required by applicable laws or regulations or by any subpoena or similar legal process (in which case Administrative Agent or such Lender, as the case may be, agrees disclosing party shall use its reasonable efforts to inform the Initial Borrowers Borrower thereof prior to any such disclosure and, in any event, shall promptly thereof and provide an opportunity to contest such disclosureinform the Borrower thereof, in each case to the extent not prohibited by applicable lawlegally permitted to do so); , (d) to any other Lender; party hereto, (e) on a confidential basis, in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Credit Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder; , (f) subject to an agreement containing provisions substantially the same as those of this Section and with the consent of the applicable BorrowerSection, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in (but not including a Competitor unless an Event of Default has occurred and is continuing and the Standstill Period has expired)in, any of its rights and or obligations under this Credit Agreement, Agreement or (ii) any actual or prospective party counterparty (or its Related Partiesadvisors) (but not including a Competitor unless an Event of Default has occurred and is continuing and the Standstill Period has expired), to any swap, swap or derivative or other transaction under which payments are to be made by reference relating to the Borrowers Borrower and their its obligations, this Credit Agreement or payments hereunder; (g) on a confidential basis to (i) any rating agency in connection with rating the Borrowers or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility; (h) with the consent of the Borrowers; Borrower or (ih) to the extent such Information (x) becomes publicly available other than as a result of a breach of this Section by Administrative Agent, any Lender or any of their respective Affiliates or Related Parties, or (y) becomes available to the Administrative Agent, the Issuing Bank or any Lender or any of their respective Affiliates on a non-confidential nonconfidential basis from a source other than the Borrowers Borrower. Notwithstanding anything to the contrary in the Loan Documents, if Administrative Agentat any time the Issuing Bank or a Lender has a reasonable belief that a Credit Event has occurred, such Lender or such Affiliate (as applicable) does not know that such source is prohibited from disclosing such Information. In addition, the Borrower authorizes the Administrative Agent, the LendersIssuing Bank and each Lender to disclose or make public and the Borrower agrees to disclose or make public (upon request of the Administrative Agent, the Issuing Bank or a Lender), the existence and terms of this Agreement and/or any of the Loan Documents, if and to the extent necessary (a) for the Credit Derivatives Determinations Committee (as such term is defined in the Credit Derivatives Definitions) to determine whether a Credit Event has occurred, and (b) if a Credit Event is determined to have occurred in respect of the Borrower, for any of their respective Related Parties, may (A) disclose the existence of this Credit Agreement and information about this Credit Agreement Lender to market data collectors, similar service providers to the lending industry and service providers to Administrative Agent or the Lenders settle any credit default swap entered into 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 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 information relating to the tax treatment or tax structure is required to be kept confidential to the extent necessary to comply with any applicable federal or state securities laws, rules, and regulationsLoan Documents.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent and each Xxxxxx the Lenders 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 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); provided that, in no event will the 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 such business activities have been disclosed to Administrative Agent as of the Closing Date; (b) to the extent required or requested by any regulatory authority purporting to have jurisdiction over such Person or its Related Parties it (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (and, in which case Administrative Agent or such Lender, as the case may beof any non-ordinary course disclosure under this clause (b), agrees the disclosing party shall use its reasonable efforts to inform the Initial Borrowers Borrower thereof prior to any such disclosure and, in any event, shall promptly thereof and provide an opportunity to contest such disclosureinform the Borrower thereof, in each case to the extent not prohibited by applicable lawlegally permitted to do so); , (c) to the extent required by applicable laws or regulations or by any subpoena or similar legal process (in which case Administrative Agent or such Lender, as the case may be, agrees disclosing party shall use its reasonable efforts to inform the Initial Borrowers Borrower thereof prior to any such disclosure and, in any event, shall promptly thereof and provide an opportunity to contest such disclosureinform the Borrower thereof, in each case to the extent not prohibited by applicable lawlegally permitted to do so); , (d) to any other Lender; party hereto, (e) on a confidential basis, in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Credit Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder; , (f) subject to an agreement containing provisions substantially the same as those of this Section and with the consent of the applicable BorrowerSection, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in (but not including a Competitor unless an Event of Default has occurred and is continuing and the Standstill Period has expired)in, any of its rights and or obligations under this Credit Agreement, Agreement or (ii) any actual or prospective party counterparty (or its Related Partiesadvisors) (but not including a Competitor unless an Event of Default has occurred and is continuing and the Standstill Period has expired), to any swap, swap or derivative or other transaction under which payments are to be made by reference relating to the Borrowers Borrower and their its obligations, this Credit Agreement or payments hereunder; (g) on a confidential basis to (i) any rating agency in connection with rating the Borrowers or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility; (h) with the consent of the Borrowers; Borrower or (ih) to the extent such Information (x) becomes publicly available other than as a result of a breach of this Section by Administrative Agent, any Lender or any of their respective Affiliates or Related Parties, or (y) becomes available to the Administrative Agent, Agent or any Lender or any of their respective Affiliates on a non-confidential nonconfidential basis from a source other than the Borrowers if Administrative Agent, such Lender or such Affiliate (as applicable) does not know that such source is prohibited from disclosing such Information. In addition, Administrative Agent, the 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 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 information relating to the tax treatment or tax structure is required to be kept confidential to the extent necessary to comply with any applicable federal or state securities laws, rules, and regulationsBorrower.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent Agent, the Lenders and each Xxxxxx the L/C Issuer 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 and its Affiliates’ respective partners, directors, officers, employees, agents, advisors and other representatives 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)) solely in connection with the transactions contemplated or permitted hereby; provided thatthat the Administrative Agent, in no event will the disclosure of Information to such Affiliates or Related Parties facilitate any activity that competes directly with the business activities of any Borrower Lenders or the Investment Adviser L/C Issuer, as such business activities have been disclosed to Administrative Agent as of the Closing Date; case may be, shall be responsible for its Affiliates’ compliance with this clause, (b) to the extent required or requested by any regulatory authority purporting to have jurisdiction over such Person or its Related Parties 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 connection with ratings issued with respect to such Lender (in which case Administrative Agent or such Lenderprovided that, as the case may be, agrees prior to inform the Initial Borrowers promptly thereof and provide an opportunity to contest any such disclosure, such rating agency shall undertake in each case writing to preserve the confidentiality of any confidential Information relating to the extent not prohibited by applicable lawLoan Parties); , (c) to the extent required by applicable laws Applicable Laws or regulations or by any subpoena or similar legal process (in which case process; provided that, unless specifically prohibited by Applicable Law or court order, each Lender and the Administrative Agent or such Lender, as shall promptly notify the case may be, agrees to inform the Initial Borrowers promptly thereof and provide an opportunity to contest Borrower in advance of any such disclosure, in each case to the extent not prohibited by applicable law); (d) to any other Lender; party hereto, (e) on a confidential basis, in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Credit Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder; , (f) subject to an agreement containing provisions substantially the same as those of this Section and with the consent of the applicable Borrower10.23, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in (but not including a Competitor unless an Event of Default has occurred and is continuing and the Standstill Period has expired)in, any of its rights and or obligations under this Credit Agreement, Agreement or (ii) any actual or prospective party counterparty (or its Related Partiesadvisors) (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 Hedge Agreement relating to the Borrowers Borrower and their its obligations, this Credit Agreement or payments hereunder; (g) on a confidential basis to (i) any rating agency in connection with rating the Borrowers or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility; (h) with the consent of the Borrowers; 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 the extent such Information (x) becomes publicly available other than as a result of a breach of this Section by Administrative Agent, any Lender or any of their respective Affiliates or Related Parties, 10.23 or (y) becomes available to the Administrative Agent, any Lender or any of their respective Affiliates on a non-confidential nonconfidential basis from a source other than the Borrowers if Borrower (except to the extent that such Information was available to the Administrative Agent, such any Lender or any of their Affiliates as a result of Administrative Agent’s, any Lender’s or their Affiliates’ ownership interests in the Business or the Borrower). For purposes of this Section 10.23, “Information” means all information received by the Administrative Agent, any Lender or the L/C Issuer, as the case may be, from the Borrower or any of its Subsidiaries relating to the Borrower or any of its Subsidiaries or any of their respective businesses (including any target company and its Subsidiaries in connection with contemplated or consummated Acquisition or other investment), other than any such Affiliate information that is available to the Administrative Agent or any Lender on a nonconfidential basis prior to disclosure by the Borrower or any of its Subsidiaries. Any Person required to maintain the confidentiality of Information as provided in this Section shall 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. 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 applicableprinciples primarily in private equity or venture capital on a proprietary basis (other than, in each case, such Affiliates engaged by the Borrower with respect to the Transactions or any debt fund affiliates or any advisors thereto) does not know that such source is prohibited from disclosing such Information. In addition, or (y) to the knowledge of the Administrative Agent, the LendersLenders or the L/C Issuer, and as the case may be, are engaged in businesses competing with the Borrower (including 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 Affiliate which has been previously identified in writing to the lending industry and service providers Arrangers as such); provided that nothing contained in this Section 10.23 shall prohibit the disclosure of such Information to any officers, directors or employees of any Affiliate of the Administrative Agent Agent, the Lenders or the Lenders in connection with L/C Issuer, as the administration case may be, who reasonably need to know such Information for purposes of this Credit Agreementevaluating, the other Loan Documentsnegotiating, and the Commitments; and (B) use enforcing or consummating any information (not constituting Information subject to 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 hereby, so long as, such tax treatment and tax structure. However, any Information is used solely for such information relating to the tax treatment or tax structure is required to be kept confidential to the extent necessary to comply with any applicable federal or state securities laws, rules, and regulationspurposes.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent Agent, the Lenders and each Xxxxxx the L/C Issuer 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 who need to know 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 confidentialconfidential in accordance with this Section and it is agreed to and understood that the Agent, 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); provided that, in no event will the 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 such business activities have been disclosed to Administrative Agent as of the Closing Date; (b) to the extent required or requested by any regulatory authority purporting to have jurisdiction over such Person or its 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 case may be, Person thereby requested agrees to use commercially reasonable efforts to inform the Initial Borrowers Company promptly thereof and provide an opportunity to contest following such disclosurerequest and, in each case to the extent not practical, will use commercially reasonable efforts to notify (unless such notice is prohibited by applicable lawlaw or regulation) the Company prior to such disclosure (other than with respect to routine regulatory requests); , (c) to the extent required by applicable laws or regulations or by any subpoena or similar legal process (process, in which case Administrative Agent or such Lender, as the case may be, Person thereby requested agrees to use commercially reasonable efforts to inform the Initial Borrowers Company promptly thereof and provide an opportunity to contest following such disclosurerequest and, in each case to the extent not practical, will use commercially reasonable efforts to notify (unless such notice is prohibited by applicable lawlaw or regulation) the Company prior to such disclosure (other than with respect to routine matters); , (d) to any other Lender; party hereto (e) on a confidential basis, in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Credit Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder; , (f) subject to an agreement containing provisions substantially the same as those of this Section and with the consent of the applicable BorrowerSection, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in (but not including a Competitor unless an Event of Default has occurred and is continuing and the Standstill Period has expired)in, any of its rights and or obligations under this Credit 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) (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 Borrowers Company and their its obligations, this Credit Agreement or payments hereunder; hereunder (provided that such party 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), (g) on a confidential basis to (i) any rating agency in connection with rating the Borrowers Company or its Subsidiaries or the Credit Facility Facilities or (ii) the CUSIP Service Bureau or any similar agency 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 consent of the Borrowers; Company or (i) to the extent such Information (x) becomes publicly available other than as a result of a breach of this Section by Administrative Agent, any Lender or any of their respective Affiliates or Related Parties, or (y) becomes available to the Administrative Agent, any Lender Lender, the L/C Issuer or any of their respective Affiliates on a non-confidential nonconfidential basis from a source other than the Borrowers if Administrative Agent, such Lender Company that is not known to be subject to a confidentiality or such Affiliate (as applicable) does not know that such source is prohibited from disclosing such Information. In addition, Administrative Agent, similar agreement with the Lenders, and Company or 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 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 information relating to the tax treatment or tax structure is required to be kept confidential to the extent necessary to comply with any applicable federal or state securities laws, rules, and regulationsSubsidiaries.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent Agent, the Lenders and each Xxxxxx the L/C Issuer 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 and its Related Parties (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); provided that, in no event will the 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 such business activities have been disclosed to Administrative Agent as of the Closing Date; (b) to the extent required or requested by any regulatory authority purporting to have jurisdiction over such Person or its Related Parties (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (); provided that in which case Administrative Agent or such Lender, as the case of any such disclosure made pursuant to this clause (b), the 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 Loan Parties or its related entities may beseek a preliminary or other protective order or other appropriate remedy, agrees to inform the Initial Borrowers promptly thereof and provide an opportunity to contest except that no such disclosurenotice shall be required in connection with customary examinations of a Lender by its regulators, in each case to the extent not prohibited by applicable law); (c) to the extent required by applicable laws or regulations or by any subpoena or similar legal process (process; provided that in which case Administrative Agent or such Lender, as the case of any such disclosure made pursuant to this clause (c), the 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 Loan Parties or its related entities may beseek a preliminary or other protective order or other appropriate remedy, agrees to inform the Initial Borrowers promptly thereof and provide an opportunity to contest except that no such disclosurenotice shall be required in connection with customary examinations of a Lender by its regulators, in each case to the extent not prohibited by applicable law); (d) to any other Lender; party hereto, (e) on a confidential basis, in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Credit Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder; , (f) subject to an agreement containing provisions substantially the same as those of this Section and with the consent of the applicable BorrowerSection, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in (but not including a Competitor unless an Event of Default has occurred and is continuing and the Standstill Period has expired)in, any of its rights and obligations under this Credit 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) (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 Borrowers a Borrower and their its obligations, this Credit Agreement or payments hereunder; , (g) on a confidential basis to (i) any rating agency in connection with rating the Borrowers a Borrower or its Subsidiaries or the Credit Facility credit facilities provided hereunder or (ii) the CUSIP Service Bureau or any similar agency in connection with the issuance and monitoring of CUSIP numbers or other market identifiers with respect to the Credit Facility; credit facilities provided hereunder, (h) with the consent of the Borrowers; Company or the Borrowing Agent or (i) to the extent such Information (x) becomes publicly available other than as a result of a breach of this Section by Administrative Agent, any Lender or any of their respective Affiliates or Related Parties, or (y) becomes available to the Administrative Agent, any Lender Lender, the L/C Issuer or any of their respective Affiliates on a non-confidential nonconfidential basis from a source other than the Borrowers if Company. 138 For purposes of this Section, “Information” means all information received from the Company or any Subsidiary relating to the Company or any Subsidiary or any of their respective businesses, other than any such information that is available to the Administrative Agent, such any Lender or the L/C Issuer on a nonconfidential basis prior to disclosure by the Company or any Subsidiary, provided that, in the case of information received from the Company or any Subsidiary after the date hereof, such Affiliate (information is clearly identified at the time of delivery as applicable) does not know that confidential. Any Person required to maintain the confidentiality of Information as provided in this Section shall be considered to have complied with its obligation to do so if such source is prohibited from disclosing Person has exercised the same degree of care to maintain the confidentiality of such InformationInformation as such Person would accord to its own confidential information. In addition, Each of the Administrative Agent, the 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; L/C Issuer acknowledges that (a) the Information may include material non-public information concerning the Company or a Subsidiary, as the case may be, (b) it has developed compliance procedures regarding the use of material non-public information and (Bc) use any it will handle such material non-public information (not constituting Information subject to the foregoing confidentiality restrictions) related to the syndication and arrangement of the credit facilities contemplated by this Credit Agreement in connection accordance with marketing, press releases, or other transactional announcements or updates provided to investor or trade publicationsapplicable Law, 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 (United States Federal 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 information relating to the tax treatment or tax structure is required to be kept confidential to the extent necessary to comply with any applicable federal or state securities laws, rules, and regulationsLaws.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent Agent, the Lenders and each Xxxxxx the L/C Issuer 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 who need to know 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 confidentialconfidential in accordance with this Section and it is agreed to and understood that the Agent, 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); provided that, in no event will the 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 such business activities have been disclosed to Administrative Agent as of the Closing Date; (b) to the extent required or requested by any regulatory authority purporting to have jurisdiction over such Person or its 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 case may be, Person thereby requested agrees to use commercially reasonable efforts to inform the Initial Borrowers Company promptly thereof and provide an opportunity to contest following such disclosurerequest and, in each case to the extent not practical, will use commercially reasonable efforts to notify (unless such notice is prohibited by applicable lawlaw or regulation) the Company prior to such disclosure (other than with respect to routine regulatory requests); , (c) to the extent required by applicable laws or regulations or by any subpoena or similar legal process (process, in which case Administrative Agent or such Lender, as the case may be, Person thereby requested agrees to use commercially reasonable efforts to inform the Initial Borrowers Company promptly thereof and provide an opportunity to contest following such disclosurerequest and, in each case to the extent not practical, will use commercially reasonable efforts to notify (unless such notice is prohibited by applicable lawlaw or regulation) the Company prior to such disclosure (other than with respect to routine matters); , (d) to any other Lender; party hereto (e) on a confidential basis, in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Credit Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder; , (f) subject to an agreement containing provisions substantially the same as those of this Section and with the consent of the applicable BorrowerSection, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in (but not including a Competitor unless an Event of Default has occurred and is continuing and the Standstill Period has expired)in, any of its rights and or obligations under this Credit 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) (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 Borrowers Company and their its obligations, this Credit Agreement or payments hereunder; hereunder (provided that such party 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), (g) on a confidential basis to (i) any rating agency in connection with rating the Borrowers Company or its Subsidiaries or the Credit Facility Facilities or (ii) the CUSIP Service Bureau or any similar agency 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 consent of the Borrowers; Company or (i) to the extent such Information (x) becomes publicly available other than as a result of a breach of this Section by Administrative Agent, any Lender or any of their respective Affiliates or Related Parties, or (y) becomes available to the Administrative Agent, any Lender Lender, the L/C Issuer or any of their respective Affiliates on a non-confidential nonconfidential basis from a source other than the Borrowers if Company that is not known to be subject to a confidentiality or similar agreement with the Company or any of its Subsidiaries. For purposes of this Section, “Information” means all information received from the Company or any Subsidiary relating to the Company or any Subsidiary or any of their respective businesses, other than any such information that is available to the Administrative Agent, such any Lender or the L/C Issuer on a nonconfidential basis prior to disclosure by the Company or any Subsidiary from a Person that is not known to be subject to a confidentiality or similar agreement with the Company or any of its Subsidiaries; provided that, in the case of information received from the Company or any Subsidiary after the date hereof, such Affiliate (information is clearly identified at the time of delivery as applicable) does not know that confidential. Any Person required to maintain the confidentiality of Information as provided in this Section shall be considered to have complied with its obligation to do so if such source is prohibited from disclosing Person has exercised the same degree of care to maintain the confidentiality of such InformationInformation as such Person would accord to its own confidential information. In addition, Each of the Administrative Agent, the 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; L/C Issuer acknowledges that (a) the Information may include material non-public information concerning the Company or a Subsidiary, as the case may be, (b) it has developed compliance procedures regarding the use of material non-public information and (Bc) use any it will handle such material non-public information (not constituting Information subject to the foregoing confidentiality restrictions) related to the syndication in accordance with those procedures 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 publicationsapplicable Law, 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 (United States Federal 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 information relating to the tax treatment or tax structure is required to be kept confidential to the extent necessary to comply with any applicable federal or state securities laws, rules, and regulationsLaws.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent Agent, the Issuing Banks and each Xxxxxx the Lenders 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 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); provided that, in no event will the 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 such business activities have been disclosed to Administrative Agent as of the Closing Date; (b) to the extent required or requested by any regulatory authority purporting to have jurisdiction over such Person or its Related Parties it (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (and, in which case Administrative Agent or such Lender, as the case may beof any non-ordinary course disclosure under this clause (b), agrees the disclosing party shall use its reasonable efforts to inform the Initial Borrowers Borrower thereof prior to any such disclosure and, in any event, shall promptly thereof and provide an opportunity to contest such disclosureinform the Borrower thereof, in each case to the extent legally permitted to do so; provided that requests from any bank examiner or bank auditor shall not prohibited by applicable lawbe considered to be non-ordinary course); , (c) to the extent required by applicable laws or regulations or by any subpoena or similar legal process (in which case Administrative Agent or such Lender, as the case may be, agrees disclosing party shall use its reasonable efforts to inform the Initial Borrowers Borrower thereof prior to any such disclosure and, in any event, shall promptly thereof and provide an opportunity to contest such disclosureinform the Borrower thereof, in each case to the extent not prohibited by applicable lawlegally permitted to do so); , (d) to any other Lender; party hereto, (e) on a confidential basis, in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Credit Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder; , (f) subject to an agreement containing provisions substantially the same as those of this Section and with the consent of the applicable BorrowerSection, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in (but not including a Competitor unless an Event of Default has occurred and is continuing and the Standstill Period has expired)in, any of its rights and or obligations under this Credit Agreement, Agreement or (ii) any actual or prospective party counterparty (or its Related Partiesadvisors) (but not including a Competitor unless an Event of Default has occurred and is continuing and the Standstill Period has expired), to any swap, swap or derivative or other transaction under which payments are to be made by reference relating to the Borrowers Borrower and their its obligations, this Credit Agreement or payments hereunder; (g) with the consent of the Borrower, (h) with the prior consent of the Borrower, by the Administrative Agent, the Joint Lead Arrangers or any lead arranger in respect of any incremental credit facility to be issued hereunder, in each case on a confidential basis to (i) any rating agency in connection with rating the Borrowers Borrower or its Subsidiaries or the Credit Facility or credit facilities hereunder, (iii) the CUSIP Service Bureau or any similar agency to market data collectors and service providers in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility; (h) with the consent administration of the Borrowers; credit facility or (ij) to the extent such Information (x) becomes publicly available other than as a result of a breach of this Section by Administrative Agent, any Lender or any of their respective Affiliates or Related Parties, or (y) becomes available to the Administrative Agent, any Issuing Bank or any Lender or any of their respective Affiliates on a non-confidential nonconfidential basis from a source other than the Borrowers if Administrative Agent, such Lender or such Affiliate (as applicable) does not know that such source is prohibited from disclosing such Information. In addition, Administrative Agent, the 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 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 information relating to the tax treatment or tax structure is required to be kept confidential to the extent necessary to comply with any applicable federal or state securities laws, rules, and regulationsBorrower.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent Agent, the Lenders and each Xxxxxx the L/C Issuer agrees on behalf of itself and its Related Parties 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 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); provided thatconfidential and that the Administrative Agent, in no event will the disclosure of Information to such Affiliates or Related Parties facilitate any activity that competes directly with the business activities of any Borrower relevant Lender or the Investment Adviser L/C Issuer, as the case may be, shall be responsible to the Loan Parties and their Affiliates for any failure by such business activities have been disclosed Person to Administrative Agent as maintain the confidentiality of the Closing Date; Information), (b) to the extent required or requested by any regulatory authority purporting to have jurisdiction over such Person or its 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 case may be, agrees to inform the Initial Borrowers promptly thereof and provide an opportunity to contest such disclosure, in each case to the extent not prohibited by applicable law); (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 or such the Lender, as the case may be, agrees shall disclose only the information required and, to inform the Initial Borrowers promptly thereof extent permitted by applicable law and provide an opportunity regulation, shall notify the Company in writing of such disclosure and will use its best efforts to contest send such written notice in advance of such disclosure, in each case to so that the extent not prohibited by applicable lawCompany may seek a protective order or other appropriate remedy); , (d) to any other Lender; party hereto, (e) on a confidential basis, in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Credit Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder; , (f) subject to an agreement containing provisions substantially the same as those of this Section and with the consent of the applicable BorrowerSection, to (i) to any assignee of or Participant in, or any prospective assignee of or Participant in (but not including a Competitor unless an Event of Default has occurred and is continuing and the Standstill Period has expired)in, any of its rights and obligations under this Credit 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) (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 Borrowers and their obligations, this Credit Agreement or payments hereunder; , (g) on a confidential basis to (i) any rating agency in connection with rating the Borrowers or their Subsidiaries or the Credit Facility credit facilities provided hereunder or (ii) the CUSIP Service Bureau or any similar agency in connection with the issuance and monitoring of CUSIP numbers or other market identifiers with respect to the Credit Facility; 113 credit facilities provided hereunder, (h) with the consent of the Borrowers; Company or (i) to the extent such Information (x) becomes publicly available other than as a result of a breach of this Section by Administrative Agent, any Lender or any of their respective Affiliates or Related Parties, or (y) becomes available to the Administrative Agent, any Lender Lender, the L/C Issuer or any of their respective Affiliates on a non-confidential nonconfidential basis from a source other than the Borrowers if Administrative Agent, such Lender any Loan Party or such Affiliate (as applicable) does not know that such source is prohibited from disclosing such Information. In addition, Administrative Agent, the Lenders, and any of its Affiliates (and other than a source acting on its or their respective Related Partiesbehalf), may (A) disclose the existence without a duty of this Credit Agreement and information about this Credit Agreement confidentiality to market data collectors, similar service providers to the lending industry and service providers to Administrative Agent any such Loan Party 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 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 information relating to the tax treatment or tax structure is required to be kept confidential to the extent necessary to comply with any applicable federal or state securities laws, rules, and regulationsAffiliates being violated.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent Agent, the Lenders and each Xxxxxx agrees the Issuing Lenders agree 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 who need to know 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); , provided thatthat the applicable Lender, in no event will the disclosure of Information to such Affiliates Issuing Lender or Administrative Agent, shall be responsible for its Affiliates’ and its and their respective Related Parties facilitate any activity that competes directly Parties’ compliance with the business activities of any Borrower or the Investment Adviser as such business activities have been disclosed to Administrative Agent as of the Closing Datethis paragraph; (b) to the extent required or requested by any regulatory authority purporting to have jurisdiction over such Person or its Related Parties (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (), in which case the Administrative Agent Agent, the Lenders and the Issuing Lenders agree (except with respect to any audit or such Lenderexamination conducted by bank accountants or any regulatory or self-regulatory authority exercising examination or regulatory authority), as the case may be, agrees to inform the Initial Borrowers promptly thereof and provide an opportunity to contest such disclosure, in each case to the extent practicable and not prohibited by applicable law), to inform the Borrower promptly thereof prior to such disclosure and to reasonably cooperate with the Borrower, at the Borrower’s expense, in seeking a protective order or other appropriate remedy; (c) to the extent required by applicable laws or regulations or by any subpoena or similar legal process (based on the reasonable advice of counsel, in which case the Administrative Agent Agent, the Lenders and the Issuing Lenders agree (except with respect to any audit or such Lenderexamination conducted by bank accountants or any regulatory or self-regulatory authority exercising examination or regulatory authority), as the case may be, agrees to inform the Initial Borrowers promptly thereof and provide an opportunity to contest such disclosure, in each case to the extent practicable and not prohibited by applicable law), to inform the Borrower promptly thereof prior to such disclosure and to reasonably cooperate with the Borrower, at the Borrower’s expense, in seeking a protective order or other appropriate remedy; (d) to any other Lenderparty hereto; (e) on a confidential basis, in connection with the exercise of any remedies hereunder or under any other Loan Credit Document or any action or proceeding relating to this Credit Agreement or any other Loan Credit Document 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 and with the consent of the applicable BorrowerSection, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in (but not including a Competitor unless an Event of Default has occurred and is continuing and the Standstill Period has expired)in, 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 Borrowers Borrower and their its obligations, this Credit Agreement or payments hereunder; (g) on a confidential basis to (i) S&P and Xxxxx’x in connection with obtaining the ratings described herein in respect of the Borrower and the Loans and to any rating agency in connection with rating the Borrowers or the Credit Facility obtaining shadow ratings required by any financing source or (ii) the CUSIP Service Bureau or any similar agency 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 written consent of the BorrowersBorrower; or (i) to the extent such Information (x) becomes publicly available other than as a result of a breach of this Section by Administrative Agent, any Lender or any of their respective Affiliates or Related PartiesSection, or (y) becomes available to the Administrative Agent, any Lender, any Issuing Lender or any of their respective Affiliates on a non-confidential nonconfidential basis from a source other than the Borrowers if Administrative Agent, such Lender or such Affiliate (as applicable) does not know that such source is prohibited from disclosing such InformationBorrower. In addition, the Administrative Agent, Agent and the Lenders, and any of their respective Related Parties, Lenders may (A) disclose the existence of this Credit Agreement and information about this Credit Agreement to market data collectors, similar service providers to 176 the lending industry and service providers to Administrative Agent or the Agents and the Lenders in connection with the administration of this Credit Agreement, the other Loan Credit Documents, and the Commitments; and (B) use any information (not constituting Information subject to 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 information relating to the tax treatment or tax structure is required to be kept confidential to the extent necessary to comply with any applicable federal or state securities laws, rules, and regulations.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent Agent, the Lenders and each Xxxxxx the L/C Issuer 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 and its Affiliates’ respective partners, directors, officers, employees, agents, advisors and other representatives 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)) solely in connection with the transactions contemplated or permitted hereby; provided thatthat the Administrative Agent, in no event will the disclosure of Information to such Affiliates or Related Parties facilitate any activity that competes directly with the business activities of any Borrower Lenders or the Investment Adviser L/C Issuer, as such business activities have been disclosed to Administrative Agent as of the Closing Date; case may be, shall be responsible for its Affiliates’ compliance with this clause, (b) to the extent required or requested by any regulatory authority purporting to have jurisdiction over such Person or its Related Parties 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 connection with ratings issued with respect to such Lender (in which case Administrative Agent or such Lenderprovided that, as the case may be, agrees prior to inform the Initial Borrowers promptly thereof and provide an opportunity to contest any such disclosure, such rating agency shall undertake in each case writing to preserve the confidentiality of any confidential Information relating to the extent not prohibited by applicable lawLoan Parties); , (c) to the extent required by applicable laws Applicable Laws or regulations or by any subpoena or similar legal process (in which case process; provided that, unless specifically prohibited by Applicable Law or court order, each Lender and the Administrative Agent or such Lender, as shall promptly notify the case may be, agrees to inform the Initial Borrowers promptly thereof and provide an opportunity to contest Borrower 113 in advance of any such disclosure, in each case to the extent not prohibited by applicable law); (d) to any other Lender; party hereto, (e) on a confidential basis, in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Credit Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder; , (f) subject to an agreement containing provisions substantially the same as those of this Section and with the consent of the applicable Borrower10.23, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in (but not including a Competitor unless an Event of Default has occurred and is continuing and the Standstill Period has expired)in, any of its rights and or obligations under this Credit Agreement, Agreement or (ii) any actual or prospective party counterparty (or its Related Partiesadvisors) (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 Hedge Agreement relating to the Borrowers Borrower and their its obligations, this Credit Agreement or payments hereunder; (g) on a confidential basis to (i) any rating agency in connection with rating the Borrowers or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility; (h) with the consent of the Borrowers; 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 the extent such Information (x) becomes publicly available other than as a result of a breach of this Section by Administrative Agent, any Lender or any of their respective Affiliates or Related Parties, 10.23 or (y) becomes available to the Administrative Agent, any Lender or any of their respective Affiliates on a non-confidential nonconfidential basis from a source other than the Borrowers if Borrower (except to the extent that such Information was available to the Administrative Agent, such any Lender or any of their Affiliates as a result of Administrative Agent’s, any Lender’s or their Affiliates’ ownership interests in the Business or the Borrower). For purposes of this Section 10.23, “Information” means all information received by the Administrative Agent, any Lender or the L/C Issuer, as the case may be, from the Borrower or any of its Subsidiaries relating to the Borrower or any of its Subsidiaries or any of their respective businesses, other than any such Affiliate information that is available to the Administrative Agent or any Lender on a nonconfidential basis prior to disclosure by the Borrower or any of its Subsidiaries. Any Person required to maintain the confidentiality of Information as provided in this Section shall 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. 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 applicableprinciples primarily in private equity or venture capital on a proprietary bases (other than, in each case, such Affiliates engaged by the Borrower with respect to the Transactions or any debt fund affiliates or any advisors thereto) does not know that such source is prohibited from disclosing such Information. In addition, or (y) to the knowledge of the Administrative Agent, the LendersLenders or the L/C Issuer, and as the case may be, are engaged in businesses competing with the Borrower (including 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 Affiliate which has been previously identified in writing to the lending industry and service providers Joint Lead Arrangers as such); provided that nothing contained in this Section 10.23 shall prohibit the disclosure of such Information to any officers, directors or employees of any Affiliate of the Administrative Agent Agent, the Lenders or the Lenders in connection with L/C Issuer, as the administration case may be, who reasonably need to know such Information for purposes of this Credit Agreementevaluating, the other Loan Documentsnegotiating, and the Commitments; and (B) use enforcing or consummating any information (not constituting Information subject to 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 hereby, so long as, such tax treatment and tax structure. However, any Information is used solely for such information relating to the tax treatment or tax structure is required to be kept confidential to the extent necessary to comply with any applicable federal or state securities laws, rules, and regulationspurposes.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent Agent, the Lenders and each Xxxxxx the L/C Issuer 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 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); provided that, in no event will the 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 such business activities have been disclosed to Administrative Agent as of the Closing Date; (b) to the extent required or requested by any regulatory authority purporting to have jurisdiction over such Person or its Related Parties it (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (in which case Administrative Agent or such Lender), as the case may be, agrees to inform the Initial Borrowers promptly thereof and provide an opportunity to contest such disclosure, in each case to the extent not prohibited by applicable law); (c) to the extent required by applicable laws or regulations or by any subpoena or similar legal process (in which case process, provided that the Administrative Agent Agent, such Lender or such Lenderthe L/C Issuer, as the case may be, agrees to inform shall, at the Initial Borrowers promptly thereof sole cost and provide an opportunity to contest expense of the Company, request confidential treatment of such disclosure, in each case Confidential Information to the extent not prohibited practicable and permitted by applicable 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 law); , promptly inform the Company with respect thereto so that the 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 other reliable assurance that confidential treatment will be accorded to the Information, (d) to any other Lender; party hereto, (e) on a confidential basis, in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Credit Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder; , (f) subject to an agreement containing provisions substantially the same as those of this Section and with the consent of the applicable BorrowerSection, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in (but not including a Competitor unless an Event of Default has occurred and is continuing and the Standstill Period has expired)in, any of its rights and or obligations under this Credit 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) (but not including a Competitor unless an Event of Default has occurred and is continuing and the Standstill Period has expired), to any swap, swap or derivative or other transaction under which payments are relating to be made by reference to the Borrowers a Borrower and their its obligations, this Credit Agreement or payments hereunder; (g) on a confidential basis to (i) any rating agency in connection with rating the Borrowers or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility; (h) with the consent of the Borrowers; Company or (ih) to the extent such Information (x) becomes publicly available other than as a result of a breach of this Section by Administrative Agent, any Lender or any of their respective Affiliates or Related Parties, or (y) becomes available to the Administrative Agent, any Lender Lender, the L/C Issuer or any of their respective Affiliates on a non-confidential nonconfidential basis from a source other than the Borrowers if Company, which source, to the actual knowledge of the Administrative Agent, such Lender or such Affiliate (the L/C Issuer, as applicable) does the case may be, is not know that such source is prohibited from disclosing such Information to such Person by a contractual, legal or fiduciary obligation to the Company, the Administrative Agent, any Lender or the L/C Issuer. For purposes of this Section, “Information” means all information received from the Company or any Subsidiary relating to the Company or any Subsidiary or any of their respective businesses, other than any such information that is available to the Administrative Agent, any Lender or the L/C Issuer on a nonconfidential basis prior to disclosure by the Company or any Subsidiary. In addition, Any Person required to maintain the confidentiality of Information as provided in this Section shall 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. Each of the Administrative Agent, the 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; L/C Issuer acknowledges that (a) the Information may include material non-public information concerning the Company or a Subsidiary, as the case may be, (b) it has developed compliance procedures regarding the use of material non-public information and (Bc) use any it will handle such material non-public information (not constituting Information subject to the foregoing confidentiality restrictions) related to the syndication and arrangement of the credit facilities contemplated by this Credit Agreement in connection accordance with marketing, press releases, or other transactional announcements or updates provided to investor or trade publicationsapplicable Law, 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 (United States Federal 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 information relating to the tax treatment or tax structure is required to be kept confidential to the extent necessary to comply with any applicable federal or state securities laws, rules, and regulationsLaws.

Treatment of Certain Information; Confidentiality. Each of Administrative Agent and each Xxxxxx The Bank 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 (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); provided thataffiliates, in no event will the 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 such business activities have been disclosed to Administrative Agent as of the Closing Date; (b) to the extent required or requested by any regulatory authority purporting to have jurisdiction over such Person or its Related Parties it (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (in which case Administrative Agent or such Lender), as the case may be, agrees to inform the Initial Borrowers promptly thereof and provide an opportunity to contest such disclosure, in each case to the extent not prohibited by applicable law); (c) to the extent required by applicable laws or regulations or by any subpoena or similar legal process (in which case Administrative Agent or such Lender, as the case may be, Bank agrees to inform furnish the Initial Borrowers promptly thereof Borrower with notice of such process and provide an opportunity to contest such disclosure, disclosure as long as furnishing such notice and opportunity would not result in each case to the extent not prohibited by Bank’s violation of any applicable law); , (d) to any other Lender; party to this Agreement, (e) on a confidential basis, in connection with the exercise of any remedies hereunder or under any other Loan Document or any suit, action or proceeding relating to this Credit Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder; hereunder, (f) subject to an agreement containing provisions substantially the same as those of this Section and with the consent of the applicable BorrowerSection, to (i) any assignee of or Participant participant in, or any prospective assignee of or Participant in (but not including a Competitor unless an Event of Default has occurred and is continuing and the Standstill Period has expired)participant in, any of its rights and or obligations under this Credit Agreement, or (ii) Agreement and any actual or prospective party (counterparty 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), advisors to any swap, swap or derivative or other transaction under which payments are to be made by reference transactions relating to the Borrowers and their obligationsBorrower, this Credit Agreement or payments hereunder; (g) on a confidential basis to (i) any rating agency in connection with rating the Borrowers or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility; (h) with the consent of the Borrowers; Borrower or (ih) to the extent such Information (xi) becomes publicly available other than as a result of a breach of this Section by Administrative AgentSection, or to the knowledge of the Bank, the breach of any Lender or any of their respective Affiliates or Related Partiesother person’s obligation to keep the information confidential, or (yii) becomes available to Administrative Agent, any Lender or any of their respective Affiliates the Bank on a non-confidential basis from a source other than the Borrowers if Administrative Agent, such Lender or such Affiliate (as applicable) does not know that such source is prohibited from disclosing such InformationBorrower. In addition, Administrative AgentFor the purposes of this Section, the Lenders, and term “ Information ” means all information received from or on behalf of the Borrower or any of their respective Related Parties, its affiliates relating to its business. Any Person required to maintain the confidentiality of Information as provided in this Section shall 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. The Bank acknowledges that information furnished to it pursuant to this Agreement may (A) disclose include material non-public information concerning the existence Borrower and confirms that it has developed compliance procedures regarding the use of this Credit Agreement material non-public information and that it will handle such material non-public information about this Credit Agreement to market data collectors, similar service providers to the lending industry in accordance with those procedures 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 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 publicationsapplicable law, 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 (Federal 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 information relating to the tax treatment or tax structure is required to be kept confidential to the extent necessary to comply with any applicable federal or state securities laws, rules, and regulations.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent Agent, the Lenders and each Xxxxxx agrees the Issuing Lenders agree 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 Affiliates, its Related Parties (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); provided thatconfidential in accordance with this Section 10.07) and its auditors, in no event will the 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 such business activities have been disclosed to Administrative Agent as of the Closing Date; (b) to the extent required or requested by any regulatory authority purporting to have jurisdiction over such Person or its Related Parties (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (in which case the Administrative Agent Agent, the Lender or such the Issuing Lender, as applicable, shall use commercially reasonable efforts to promptly notify the case may be, agrees to inform the Initial Borrowers promptly thereof and provide an opportunity to contest such disclosure, in each case Borrower to the extent not prohibited permitted by applicable lawApplicable Law); , (c) to the extent required by applicable laws or regulations or by any subpoena or similar legal process (in which case the Administrative Agent Agent, the Lender or such the Issuing Lender, as applicable, shall use commercially reasonable efforts to promptly notify the case may be, agrees to inform the Initial Borrowers promptly thereof and provide an opportunity to contest such disclosure, in each case Borrower to the extent not prohibited permitted by applicable lawApplicable Law); , (d) to any other Lender; party hereto, (e) on a confidential basis, to the extent necessary in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Credit Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder; , (f) subject to an agreement containing provisions substantially the same as those of this Section and with the consent of the applicable BorrowerSection, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in (but not including a Competitor unless an Event of Default has occurred and is continuing and the Standstill Period has expired)in, any of its rights and obligations under this Credit Agreement, Agreement or any Eligible Assignee invited to be a Lender pursuant to Section 2.14 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 Borrowers Borrower and their its obligations, this Credit Agreement or payments hereunder; , (g) on a confidential basis to (i) any rating agency in connection with rating the Borrowers Borrower or its Subsidiaries or the Credit Facility credit facilities provided hereunder or (ii) the CUSIP Service Bureau or any similar agency in connection with the issuance application, issuance, publishing and monitoring of CUSIP numbers or other market identifiers with respect to the Credit Facility; credit facilities provided hereunder, (h) with the consent of the Borrowers; Borrower, or (i) to the extent such Information (x) becomes publicly available other than as a result of a breach of this Section by Administrative Agent, any Lender or any of their respective Affiliates or Related Parties, or (y) becomes available to the Administrative Agent, any Lender, any Issuing Lender or any of their respective Affiliates on a non-confidential basis from a source other than the Borrowers if Administrative Agent, such Lender Borrower or such Affiliate (as applicablez) does not know that such source is prohibited independently discovered or developed by a party hereto without utilizing any Information received from disclosing such Informationthe Borrower or violating the terms of this Section 10.07. In addition, the Administrative Agent, Agent and the Lenders, and any of their respective Related Parties, Lenders 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 Agents and 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 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 information relating to the tax treatment or tax structure is required to be kept confidential to the extent necessary to comply with any applicable federal or state securities laws, rules, and regulations.

Treatment of Certain Information; Confidentiality. Each of Administrative Agent and each Xxxxxx agrees 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 (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); provided that, in no event will the 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 such business activities have been disclosed to Administrative Agent as of the Closing Date; (b) to the extent required or requested by any regulatory authority purporting to have jurisdiction over such Person or its 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 case may be, agrees to inform the Initial Borrowers promptly thereof and provide an opportunity to contest such disclosure, in each case to the extent not prohibited by applicable law); (c) to the extent required by applicable laws or regulations or by any subpoena or similar legal process (in which case Administrative Agent or such Lender, as the case may be, agrees to inform the Initial Borrowers promptly thereof and provide an opportunity to contest such disclosure, in each case to the extent not prohibited by applicable law); (d) to any other Lender; (e) on a confidential basis, in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Credit Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder; (f) subject to an agreement containing provisions substantially the same as those of this Section and with the consent of the applicable Borrower, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in (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 Borrowers and their obligations, this Credit Agreement or payments hereunder; (g) on a confidential basis to (i) any rating agency in connection with rating the Borrowers or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility; (h) with the consent of the Borrowers; or (i) to the extent such Information (x) becomes publicly available other than as a result of a breach of this Section by Administrative Agent, any Lender or any of their respective Affiliates or Related Parties, or (y) becomes available to Administrative Agent, any Lender or any 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 applicable) does not know that such source is prohibited from disclosing such Information. In addition, Administrative Agent, the 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 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 information relating to the tax treatment or tax structure is required to be kept confidential to the extent necessary to comply with any applicable federal or state securities laws, rules, and regulations.

Treatment of Certain Information; Confidentiality. Each of Administrative Agent and each Xxxxxx other Lending Party each 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 careInformation, 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 (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 confidentialconfidential on the same terms as provided herein); provided that, in no event will the 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 such business activities have been disclosed to Administrative Agent as of the Closing Date; (b) to the extent required or requested by any regulatory authority Governmental Authority purporting to have jurisdiction over such Person or its Related Parties 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 Administrative Agent or such Lender), as the case may be, agrees to inform the Initial Borrowers promptly thereof and provide an opportunity to contest such disclosure, in each case provided that to the extent not prohibited permitted by applicable law)Law, Administrative Agent will use reasonably commercial efforts to 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 laws or regulations Laws or by any subpoena or similar legal process (in which case Administrative Agent or such Lenderprocess, as the case may be, agrees to inform the Initial Borrowers promptly thereof and provide an opportunity to contest such disclosure, in each case provided that to the extent not prohibited permitted by applicable law)Law, Administrative Agent will use reasonably commercial efforts to provide Administrative Loan Party with notice of any such required disclosure 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; (d) to any other Lenderparty hereto; (e) on a confidential basis, in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding Proceeding relating to this Credit Agreement or any other Loan Document 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 and with the consent of the applicable Borrower, to 10.07 to: (i) any assignee of or Participant in, or any prospective assignee of or Participant in (but not including a Competitor unless an Event of Default has occurred and is continuing and the Standstill Period has expired)in, any of its rights and or obligations under this Credit Agreement, ; or (ii) any actual or prospective party counterparty (or its Related Partiesadvisors) (but not including a Competitor unless an Event of Default has occurred and is continuing and the Standstill Period has expired), to any swap, swap or derivative or other transaction under which payments are relating to be made by reference to the Borrowers and their obligations, this Credit Agreement or payments hereunder; (g) on a confidential basis to (i) any rating agency in connection with rating the Borrowers or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit FacilityLoan Party; (h) with the consent of the Borrowers; or (i) to the extent such Information Information: (xi) becomes publicly available other than as a result of a breach of this Section by Administrative Agent, any Lender or any of their respective Affiliates or Related Parties, 10.07; or (yii) becomes available to Administrative Agent, any Lender Lending Party or any 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 applicable) does any Loan Party and not know that such source is prohibited from disclosing such Information. In addition, Administrative Agent, the Lenders, and any of their respective Related Parties, may (A) disclose the existence in contravention 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 Section 10.07. For purposes of this Credit AgreementSection 10.07, the other Loan Documents, and the Commitments; and (B) use any information (not constituting Information subject to 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 information relating to the tax treatment or tax structure is required to be kept confidential to the extent necessary to comply with any applicable federal or state securities laws, rules, and regulations.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent Agent, the Lenders and each Xxxxxx the Issuing Lenders 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 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); provided that, in no event will the 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 such business activities have been disclosed to Administrative Agent as of the Closing Date; (b) to the extent required or requested by any regulatory authority purporting to have jurisdiction over such Person or its Related Parties it (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (in which case Administrative Agent or such Lender), as the case may be, agrees to inform the Initial Borrowers promptly thereof and provide an opportunity to contest such disclosure, in each case to the extent not prohibited by applicable law); (c) to the extent required by applicable laws or regulations or by any subpoena or similar legal process; provided that unless prohibited by law or by the rules governing the process (in which case Administrative Agent or such Lender, as the case may be, agrees to inform the Initial Borrowers promptly thereof and provide an opportunity to contest requiring such disclosure, in each case (i) it will promptly notify the Company of the existence, terms and circumstances surrounding such requirement, (ii) it will consult with the Company on the advisability of taking legally available steps to resist or narrow such requirement, and (iii) it will identify to the extent not prohibited by applicable law); Company any such Information which is legally required to be disclosed and will exercise commercially reasonable efforts to obtain an order or other reliable assurance, at the Company’s expense, that confidential treatment will be accorded to such information, (d) to any other Lender; party hereto, (e) on a confidential basis, in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Credit Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder; , (f) subject to an agreement containing provisions substantially the same as those of this Section and with the consent of the applicable Borrower11.17, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in (but not including a Competitor unless an Event of Default has occurred and is continuing and the Standstill Period has expired)in, any of its rights and or obligations under this Credit Agreement, Agreement or (ii) any actual or prospective party counterparty (or its Related Partiesadvisors) (but not including a Competitor unless an Event of Default has occurred and is continuing and the Standstill Period has expired), to any swap, swap or derivative or other transaction under which payments are relating to be made by reference to the Borrowers any Obligor and their its obligations, this Credit Agreement or payments hereunder; (g) on a confidential basis to (i) any rating agency in connection with rating the Borrowers or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility; (h) with the consent of the Borrowers; Company or (ih) to the extent such Information (x) becomes publicly available other than as a result of a breach of this Section by Administrative Agent, any Lender or any of their respective Affiliates or Related Parties, 11.17 or (y) becomes available to the Administrative Agent, any Lender, any Issuing Lender or any of their respective Affiliates on a non-confidential nonconfidential basis from a source other than the Borrowers Parent or any of its Subsidiaries. For the avoidance of doubt, if Administrative Agent, such Lender or such Affiliate (as applicable) does not know that such source is prohibited from disclosing such Information. In addition, Administrative Agentand to the extent Information may be disclosed according to this Section 11.17, the Lendersrespective disclosing party is also released from banking secrecy, and if applicable. For purposes of this Section 11.17, “Information” means all information received from the Parent or any of its Subsidiaries relating to the Parent or any of its Subsidiaries or any of their respective Related Partiesbusinesses, 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 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, than any such information relating that is available to the tax treatment Administrative Agent, any Lender or tax structure any Issuing Lender on a nonconfidential basis prior to disclosure by the Parent or any of its Subsidiaries, provided that in the case of information received from the Parent or any of its Subsidiaries after the date 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 11.17 shall be kept 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 to the extent necessary to comply with any applicable federal or state securities laws, rules, and regulationsinformation.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent Agent, the Lenders and each Xxxxxx the L/C Issuer 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 (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); provided that, in no event will the 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 such business activities have been disclosed to Administrative Agent as of the Closing Date; (b) to the extent required or requested by any regulatory authority purporting to have jurisdiction over such Person or its Related Parties (Parties, including any self-regulatory authority, such as the National Association of Insurance Commissioners) Commissioners (in which case such Administrative Agent Agent, Lender or such LenderL/C Issuer shall (i) except with respect to any audit or examination conducted by bank accountants or any Governmental Authority exercising examination or regulatory authority, as the case may be, agrees to inform the Initial Borrowers promptly thereof and provide an opportunity to contest such disclosure, in each case to the extent not prohibited permitted by applicable lawLaw, endeavor to notify the Borrower promptly in advance thereof, and in any event, as soon as practical and (ii) use commercially reasonable efforts to ensure that any such Information so disclosed is accorded confidential treatment); , (c) to the extent required by applicable laws Laws or regulations or by any subpoena or similar legal process (in which case such Administrative Agent Agent, Lender or such LenderL/C Issuer shall (i) to the extent permitted by Law, as the case may be, agrees endeavor to inform the Initial Borrowers Borrower promptly thereof in advance thereof, and provide an opportunity in any event, as soon as practical and (ii) use commercially reasonable efforts to contest ensure that any such disclosureInformation so disclosed is accorded confidential treatment), in each case to the extent not prohibited by applicable law); (d) to any other Lender; party hereto, (e) on a confidential basisto the extent reasonably necessary or advisable, in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Credit Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder; , (f) subject to an agreement containing provisions substantially the same as those of this Section and with the consent of the applicable BorrowerSection, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in (but not including a Competitor unless an Event of Default has occurred and is continuing and the Standstill Period has expired)in, any of its rights and obligations under this Credit Agreement, Agreement or any Eligible Assignee invited to become a Lender pursuant to Section 2.14(c) 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 Borrowers Borrower and their its obligations, this Credit Agreement or payments hereunder; hereunder (it being understood that the Disqualified Institution List may be disclosed to any assignee or Participant in, or any prospective assignee of or Participant in, any of its rights and obligations under this Agreement in reliance on this clause (f)), (g) on a confidential basis to (i) any rating agency in connection with rating the Borrowers Borrower or the Credit Facility credit facilities provided hereunder (provided that any such disclosure shall be made in consultation with the Borrower) or (ii) the CUSIP Service Bureau or any similar agency in connection with the issuance and monitoring of CUSIP numbers or other market identifiers with respect to the Credit Facility; credit facilities provided hereunder, (h) with the consent of the Borrowers; or Borrower, (i) to the extent such Information (x) becomes publicly available other than as a result of a breach of this Section by Administrative Agent, any Lender or any of their respective Affiliates or Related Parties, or (y) becomes available to the Administrative Agent, any Lender Lender, the L/C Issuer or any of their respective Affiliates on a non-confidential nonconfidential basis from a source other than the Borrowers if Administrative AgentBorrower or (j) to data service providers, such Lender or such Affiliate (as applicable) does not know including league table providers, that such source is prohibited from disclosing such Information. In addition, Administrative Agent, the 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 serve 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 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 information relating to the tax treatment or tax structure is required to be kept confidential to the extent necessary to comply with any applicable federal or state securities laws, rules, and regulationsindustry.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent Agent, the Lenders and each Xxxxxx the L/C Issuer 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 (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); provided that, in no event will the 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 such business activities have been disclosed to Administrative Agent as of the Closing Date; (b) to the extent required or requested by any regulatory authority purporting to have jurisdiction over such Person or its Related Parties (Parties, including any self-regulatory authority, such as the National Association of Insurance Commissioners) Commissioners (in which case such Administrative Agent Agent, Lender or such LenderL/C Issuer shall (i) except with respect to any audit or examination conducted by bank accountants or any Governmental Authority exercising examination or regulatory authority, as the case may be, agrees to inform the Initial Borrowers promptly thereof and provide an opportunity to contest such disclosure, in each case to the extent not prohibited permitted by applicable lawLaw, endeavor to notify the Borrower promptly in advance thereof, and in any event, as soon as practical and (ii) use commercially reasonable efforts to ensure that any such Information so disclosed is accorded confidential treatment); , (c) to the extent required by applicable laws Laws or regulations or by any subpoena or similar legal process (in which case such Administrative Agent Agent, Lender or such LenderL/C Issuer shall (i) to the extent permitted by Law, as the case may be, agrees endeavor to inform the Initial Borrowers Borrower promptly thereof in advance thereof, and provide an opportunity in any event, as soon as practical and (ii) use commercially reasonable efforts to contest ensure that any such disclosureInformation so disclosed is accorded confidential treatment), in each case to the extent not prohibited by applicable law); (d) to any other Lender; party hereto, (e) on a confidential basisto the extent reasonably necessary or advisable, in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Credit Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder; , (f) subject to an agreement containing provisions substantially the same as those of this Section and with the consent of the applicable BorrowerSection, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in (but not including a Competitor unless an Event of Default has occurred and is continuing and the Standstill Period has expired)in, any of its rights and obligations under this Credit Agreement, Agreement or any Eligible Assignee invited to become a Lender pursuant to Section 2.14(c) 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 Borrowers Borrower and their its obligations, this Credit Agreement or payments hereunder; , (g) on a confidential basis to (i) any rating agency in connection with rating the Borrowers Borrower or the Credit Facility credit facilities provided hereunder (provided that any such disclosure shall be made in consultation with the Borrower) or (ii) the CUSIP Service Bureau or any similar agency in connection with the issuance and monitoring of CUSIP numbers or other market identifiers with respect to the Credit Facility; credit facilities provided hereunder, (h) with the consent of the Borrowers; or Borrower, (i) to the extent such Information (x) becomes publicly available other than as a result of a breach of this Section by Administrative Agent, any Lender or any of their respective Affiliates or Related Parties, or (y) becomes available to the Administrative Agent, any Lender Lender, the L/C Issuer or any of their respective Affiliates on a non-confidential nonconfidential basis from a source other than the Borrowers if Administrative AgentBorrower or (j) to data service providers, such Lender or such Affiliate (as applicable) does not know including league table providers, that such source is prohibited from disclosing such Information. In addition, Administrative Agent, the 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 serve 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 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 information relating to the tax treatment or tax structure is required to be kept confidential to the extent necessary to comply with any applicable federal or state securities laws, rules, and regulationsindustry.

Treatment of Certain Information; Confidentiality. Each of Administrative Agent and each Xxxxxx other Lending Party each 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 careInformation, 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 (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 confidentialconfidential on the same terms as provided herein); provided that, in no event will the 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 such business activities have been disclosed to Administrative Agent as of the Closing Date; (b) to the extent required or requested by any regulatory authority Governmental Authority, purporting to have jurisdiction over such Person or its Related Parties it (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (in which case Administrative Agent or such Lender), as the case may be, agrees to inform the Initial Borrowers promptly thereof and provide an opportunity to contest such disclosure, in each case provided that to the extent not prohibited permitted by applicable law)Law, Administrative Agent will use reasonably commercial efforts to 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 laws or regulations Laws or by any subpoena or similar legal process (in which case Administrative Agent or such Lenderprocess, as the case may be, agrees to inform the Initial Borrowers promptly thereof and provide an opportunity to contest such disclosure, in each case provided that to the extent not prohibited permitted by applicable law)Law, Administrative Agent will use reasonably commercial efforts to provide Administrative Loan Party with notice of any such required disclosure 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; (d) to any other Lenderparty hereto; (e) on a confidential basis, in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding Proceeding relating to this Credit Agreement or any other Loan Document 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 and with the consent of the applicable Borrower, to 10.07 to: (i) any assignee of or Participant in, or any prospective assignee of or Participant in (but not including a Competitor unless an Event of Default has occurred and is continuing and the Standstill Period has expired)in, any of its rights and or obligations under this Credit Agreement, ; or (ii) any actual or prospective party counterparty (or its Related Partiesadvisors) (but not including a Competitor unless an Event of Default has occurred and is continuing and the Standstill Period has expired), to any swap, swap or derivative or other transaction under which payments are relating to be made by reference to the Borrowers and their obligations, this Credit Agreement or payments hereunder; (g) on a confidential basis to (i) any rating agency in connection with rating the Borrowers or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit FacilityLoan Party; (h) with the consent of the Borrowers; or (i) to the extent such Information Information: (xi) becomes publicly available other than as a result of a breach of this Section by Administrative Agent, any Lender or any of their respective Affiliates or Related Parties, 10.07; or (yii) becomes available to Administrative Agent, any Lender Lending Party or any 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 applicable) does any Loan Party and not know that such source is prohibited from disclosing such Information. In addition, Administrative Agent, the Lenders, and any of their respective Related Parties, may (A) disclose the existence in contravention 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 Section 10.07. For purposes of this Credit AgreementSection 10.07, the other Loan Documents, and the Commitments; and (B) use any information (not constituting Information subject to 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 information relating to the tax treatment or tax structure is required to be kept confidential to the extent necessary to comply with any applicable federal or state securities laws, rules, and regulations.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent and each Xxxxxx the Lenders 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 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” (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)) solely in connection with the transactions contemplated or permitted hereby; provided that, in no event will that the disclosure of Information to such Affiliates or Related Parties facilitate any activity that competes directly with the business activities of any Borrower Administrative Agent or the Investment Adviser Lenders, as such business activities have been disclosed to Administrative Agent as of the Closing Date; case may be, shall be responsible for their respective Affiliates’ compliance with this clause, (b) to the extent required or requested by any regulatory authority purporting to have having jurisdiction over such Person or its Related Parties (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 connection with ratings issued with respect to such Lender (in which case Administrative Agent or such Lenderprovided that, as the case may be, agrees prior to inform the Initial Borrowers promptly thereof and provide an opportunity to contest any such disclosure, such rating agency shall undertake in each case writing to preserve the confidentiality of any confidential Information relating to the extent not prohibited by applicable lawLoan Parties); , (c) to the extent required by applicable laws Applicable Laws or regulations or by any subpoena or similar legal process (in which case process; provided that, unless specifically prohibited by Applicable Law or court order, each Lender and the Administrative Agent or such Lender, as shall promptly notify the case may be, agrees to inform the Initial Borrowers promptly thereof and provide an opportunity to contest Borrower in advance of any such disclosure, in each case to the extent not prohibited by applicable law); (d) to any other Lender; party hereto, (e) on a confidential basis, in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Credit Agreement or any other Loan Document 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 Section and with the consent of the applicable Borrower10.23, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in (but not including a Competitor unless an Event of Default has occurred and is continuing and the Standstill Period has expired)in, any of its rights and or obligations under this Credit 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) (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 Hedge Agreement relating to Parent or other transaction under which payments are to be made by reference to the Borrowers Borrower and their its obligations, this Credit Agreement or payments hereunder; (g) on a confidential basis with the consent of Parent or the Borrower, (h) (x) to (i) any rating agency in connection with rating the Borrowers Parent or the Credit Facility its Subsidiaries or (iiy) the CUSIP Service Bureau or any similar agency in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility; facility evidenced by this Agreement (h) with the consent of the Borrowers; or if applicable), (i) to the extent such Information (x) becomes publicly available other than as a result of a breach of this Section by Administrative Agent, any Lender or any of their respective Affiliates or Related Parties, 10.23 or (y) becomes available to the Administrative Agent, any Lender or any of their respective Affiliates on a non-confidential nonconfidential basis from a source other than Parent or the Borrowers if Administrative AgentBorrower, such Lender or such Affiliate (as applicablej) does not know for purposes of establishing a “due diligence” defense and (k) to the extent that such source information is prohibited from disclosing such Informationindependently developed, so long as not based on information obtained in a manner that would otherwise violate this Section 10.23. In addition, Administrative Agent, the Lenders, Agents and any of their respective Related Parties, the Lenders may (A) disclose the existence of this Credit Agreement and customary information about this Credit Agreement to market data collectors, similar service providers to the lending industry industry, and service providers to Administrative Agent or the Agents and the Lenders in connection with the administration and management of this Credit Agreement, the other Loan Documents, the Commitments, and the CommitmentsCredit Extension; provided that such Person is advised of and agrees to be bound by the provisions of this Section 10.23. For purposes of this Section 10.23, “Information” means all information received by the Administrative Agent or any Lender, as the case may be, from Parent or any of its Subsidiaries relating to Parent or any of its Subsidiaries or any of their respective businesses (B) use including any information (not constituting Information subject to the foregoing confidentiality restrictions) related to the syndication target company and arrangement of the credit facilities contemplated by this Credit Agreement its Subsidiaries in connection with marketing, press releases, contemplated or consummated Acquisition or other transactional announcements or updates provided to investor or trade publicationsinvestment), 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, than any such information relating that is available to the tax treatment Administrative Agent or tax structure is any Lender on a nonconfidential basis prior to disclosure by Parent or any of its Subsidiaries. Any Person required to maintain the confidentiality of Information as provided in this Section 10.23 shall be kept 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. Notwithstanding the foregoing, the Administrative Agent and the Lenders agree not to the extent necessary disclose any Information to comply with any applicable federal or state securities laws, rules, and regulationsa Prohibited Lender.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent and each Xxxxxx the Lenders 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 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); provided that, in no event will the 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 such business activities have been disclosed to Administrative Agent as of the Closing Date; (b) to the extent required or requested by any regulatory authority purporting to have jurisdiction over such Person or its Related Parties it (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (and, in which case Administrative Agent or such Lender, as the case may beof any non-ordinary course disclosure under this clause (b), agrees the disclosing party shall use its reasonable efforts to inform the Initial Borrowers Borrower thereof prior to any such disclosure and, in any event, shall promptly thereof and provide an opportunity to contest such disclosureinform the Borrower thereof, in each case to the extent not prohibited by applicable lawlegally permitted to do so); , (c) to the extent required by applicable laws Laws or regulations or by any subpoena or similar legal process (in which case Administrative Agent or such Lender, as the case may be, agrees disclosing party shall use its reasonable efforts to inform the Initial Borrowers Borrower thereof prior to any such disclosure and, in any event, shall promptly thereof and provide an opportunity to contest such disclosureinform the Borrower thereof, in each case to the extent not prohibited by applicable lawlegally permitted to do so); , (d) to any other Lender; party hereto, (e) on a confidential basis, in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Credit Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder; , (f) subject to an agreement containing provisions substantially the same as those of this Section and with the consent of the applicable BorrowerSection, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in (but not including a Competitor unless an Event of Default has occurred and is continuing and the Standstill Period has expired)in, any of its rights and or obligations under this Credit Agreement, Agreement or (ii) any actual or prospective party counterparty (or its Related Partiesadvisors) (but not including a Competitor unless an Event of Default has occurred and is continuing and the Standstill Period has expired), to any swap, swap or derivative or other transaction under which payments are to be made by reference relating to the Borrowers Borrower and their its obligations, this Credit Agreement or payments hereunder; (g) on a confidential basis to (i) any rating agency in connection with rating the Borrowers or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility; (h) with the consent of the Borrowers; Borrower or (ih) to the extent such Information (x) becomes publicly available other than as a result of a breach of this Section by Administrative Agent, any Lender or any of their respective Affiliates or Related Parties, or (y) becomes available to the Administrative Agent, Agent or any Lender or any of their respective Affiliates on a non-confidential nonconfidential basis from a source other than the Borrowers if Administrative Agent, such Lender or such Affiliate (as applicable) does not know that such source is prohibited from disclosing such Information. In addition, Administrative Agent, the 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 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 information relating to the tax treatment or tax structure is required to be kept confidential to the extent necessary to comply with any applicable federal or state securities laws, rules, and regulationsBorrower.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent Agent, the Lenders and each Xxxxxx the L/C Issuer 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 and its Affiliates’ respective partners, directors, officers, employees, agents, advisors and other representatives 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)) solely in connection with the transactions contemplated or permitted hereby; provided thatthat the Administrative Agent, in no event will the disclosure of Information to such Affiliates or Related Parties facilitate any activity that competes directly with the business activities of any Borrower Lenders or the Investment Adviser L/C Issuer, as such business activities have been disclosed to Administrative Agent as of the Closing Date; case may be, shall be responsible for its Affiliates’ compliance with this clause, (b) to the extent required or requested by any regulatory authority purporting to have jurisdiction over such Person or its Related Parties 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 connection with ratings issued with respect to such Lender (in which case Administrative Agent or such Lenderprovided that, as the case may be, agrees prior to inform the Initial Borrowers promptly thereof and provide an opportunity to contest any such disclosure, such rating agency shall undertake in each case writing to preserve the confidentiality of any confidential Information relating to the extent not prohibited by applicable lawLoan Parties); , (c) to the extent required by applicable laws Applicable Laws or regulations or by any subpoena or similar legal process (in which case process; provided that, unless specifically prohibited by Applicable Law or court order, each Lender and the Administrative Agent or such Lender, as shall promptly notify the case may be, agrees to inform the Initial Borrowers promptly thereof and provide an opportunity to contest Borrower in advance of any such disclosure, in each case to the extent not prohibited by applicable law); (d) to any other Lender; party hereto, (e) on a confidential basis, in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Credit Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder; , (f) subject to an agreement containing provisions substantially the same as those of this Section and with the consent of the applicable Borrower10.23, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in (but not including a Competitor unless an Event of Default has occurred and is continuing and the Standstill Period has expired)in, any of its rights and or obligations under this Credit Agreement, Agreement or (ii) any actual or prospective party counterparty (or its Related Partiesadvisors) (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 Hedge Agreement relating to the Borrowers Borrower and their its obligations, this Credit Agreement or payments hereunder; (g) on a confidential basis to (i) any rating agency in connection with rating the Borrowers or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility; (h) with the consent of the Borrowers; 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 the extent such Information (x) becomes publicly available other than as a result of a breach of this Section by Administrative Agent, any Lender or any of their respective Affiliates or Related Parties, 10.23 or (y) becomes available to the Administrative Agent, any Lender or any of their respective Affiliates on a non-confidential nonconfidential basis from a source other than the Borrowers if Borrower (except to the extent that such Information was available to the Administrative Agent, such any Lender or any of their Affiliates as a result of Administrative Agent’s, any Lender’s or their Affiliates’ ownership interests in the Business or the Borrower). For purposes of this Section 10.23, “Information” means all information received by the Administrative Agent, any Lender or the L/C Issuer, as the case may be, from the Borrower or any of its Subsidiaries relating to the Borrower or any of its Subsidiaries or any of their respective businesses (including any target company and its Subsidiaries in connection with contemplated or consummated Acquisition or other investment), other than any such Affiliate information that is available to the Administrative Agent or any Lender on a nonconfidential basis prior to disclosure by the Borrower or any of its Subsidiaries. Any 129 Person required to maintain the confidentiality of Information as provided in this Section shall 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. 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 applicableprinciples primarily in private equity or venture capital on a proprietary basis (other than, in each case, such Affiliates engaged by the Borrower with respect to the Transactions or any debt fund affiliates or any advisors thereto) does not know that such source is prohibited from disclosing such Information. In addition, or (y) to the knowledge of the Administrative Agent, the LendersLenders or the L/C Issuer, and as the case may be, are engaged in businesses competing with the Borrower (including 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 Affiliate which has been previously identified in writing to the lending industry and service providers Arrangers as such); provided that nothing contained in this Section 10.23 shall prohibit the disclosure of such Information to any officers, directors or employees of any Affiliate of the Administrative Agent Agent, the Lenders or the Lenders in connection with L/C Issuer, as the administration case may be, who reasonably need to know such Information for purposes of this Credit Agreementevaluating, the other Loan Documentsnegotiating, and the Commitments; and (B) use enforcing or consummating any information (not constituting Information subject to 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 hereby, so long as, such tax treatment and tax structure. However, any Information is used solely for such information relating to the tax treatment or tax structure is required to be kept confidential to the extent necessary to comply with any applicable federal or state securities laws, rules, and regulationspurposes.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent Agent, the Lenders and each Xxxxxx the L/C Issuers 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 Affiliates, its auditors and to its and its Affiliates’ respective Related Parties (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); provided that, in no event will the 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 such business activities have been disclosed to Administrative Agent as of the Closing Date; (b) to the extent required or requested by any regulatory authority purporting to have jurisdiction over such Person or its Related Parties (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (), in which case the Administrative Agent Agent, such Lender or such LenderL/C Issuer shall (i) except with respect to any audit or examination conducted by accountants or any governmental, as the case may beregulatory, agrees to inform the Initial Borrowers promptly thereof and provide an opportunity to contest such disclosureor self-regulatory authority exercising examination or regulatory authority, in each case to the extent not prohibited practicable and permitted by applicable law); Law, notify the Company promptly in advance thereof and (ii) use commercially reasonable efforts to ensure that any such Information disclosed is accorded confidential treatment, (c) to the extent required by applicable laws or regulations or regulations, by any subpoena or similar compulsory legal process (or pursuant to the order of any court or administrative agency in any pending legal, judicial or administrative proceeding, in which case the Administrative Agent Agent, such Lender or such Lender, as L/C Issuer shall (i) notify the case may be, agrees to inform Company of the Initial Borrowers promptly thereof and provide an opportunity to contest such disclosure, proposed disclosure in each case advance to the extent not prohibited by Law, compulsory legal process or the applicable law); administrative agency, provided if the Administrative Agent, such Lender or 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 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 160 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) on a confidential basis, in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Credit Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder; , (f) subject to an agreement containing provisions substantially the same as those of this Section (it being understood and with agreed that any “click through” confidentiality agreement used on SyndTrak is acceptable to the consent parties hereto for purposes of satisfying the requirements of the applicable Borrowerexception contemplated in this clause (f)), to (i) any assignee of or Participant in, or any prospective assignee of or Participant in (but not including a Competitor unless an Event of Default has occurred and is continuing and the Standstill Period has expired)in, any of its rights and obligations under this Credit 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) (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 any of the Borrowers and their obligations, this Credit Agreement or payments hereunder; , (g) on a confidential basis to (i) any rating agency in connection with rating the Borrowers Company or its Subsidiaries or the Credit Facility or credit facilities provided hereunder, (ii) the CUSIP Service Bureau or any similar agency in connection with the issuance and monitoring of CUSIP numbers or other market identifiers with respect to the Credit Facility; credit facilities provided hereunder or (iii) any insurance broker or provider of credit insurance to such Person, (h) with the prior written consent of the Borrowers; Company, or (i) to the extent such Information (x) becomes publicly available other than as a result of a breach of this Section by Administrative Agent, any Lender or any of their respective Affiliates or Related Parties, or (y) becomes available to the Administrative Agent, any Lender Lender, any L/C Issuer or any of their respective Affiliates on a non-confidential nonconfidential basis from a source other than the Borrowers if Administrative Agent, such Lender or such Affiliate (as applicable) does not know Company; provided that such source is prohibited from disclosing such Informationin no event shall any disclosure of Information be made to any Disqualified Institution. In addition, the Administrative Agent, Agent and the Lenders, and any of their respective Related Parties, Lenders 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 the Administrative Agent or and the Lenders in connection with the administration of this Credit Agreement, the other Loan Documents, and the Commitments; and (B) use . For purposes of this Section, “Information” means all information received from the Company or any information (not constituting Information subject Subsidiary relating to the foregoing confidentiality restrictions) related to the syndication and arrangement Company or any Subsidiary or any of the credit facilities contemplated by this Credit Agreement in connection with marketingtheir respective businesses, 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, than any such information relating that is available to the tax treatment Administrative Agent, any Lender or tax structure is any L/C Issuer on a nonconfidential basis prior to disclosure by the Company or any Subsidiary. Any Person required to maintain the confidentiality of Information as provided in this Section shall be kept 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 to information. Each of the extent necessary to comply Administrative Agent, the 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 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 accordance with any applicable Law, including Canadian federal or and provincial securities laws and United States federal and state securities laws, rules, and regulationsLaws.

Treatment of Certain Information; Confidentiality. Each of Administrative Agent and each Xxxxxx Lender agrees to maintain the confidentiality of the Information all information received by Borrower relating to Borrower and its businesses (as defined below) and exercise the same degree of care that it exercises to maintain the confidentiality of its own proprietary such information, but in other than any event not less than reasonable caresuch information that is available to the Lender on a non-confidential basis prior to disclosure by Borrower, being herein referred to as the “Information”), except that Information may be disclosed to (a) to its Affiliates affiliates, partners, directors, officers, employees, agents, advisors, and to its Related Parties representatives (it being understood that the Persons persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential); provided that, in no event will the 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 such business activities have been disclosed to Administrative Agent as of the Closing Date; (b) to the extent required or requested by any regulatory authority purporting to have jurisdiction over such Person or its Related Parties (including any self-regulatory authorityit, such as the National Association of Insurance Commissioners) (in which case Administrative Agent or such Lender, as the case may be, agrees to inform the Initial Borrowers promptly thereof and provide an opportunity to contest such disclosure, in each case to the extent not prohibited by applicable law); (c) to the extent required by applicable laws or regulations or by any subpoena or similar legal process (in which case Administrative Agent or such Lenderprocess, as the case may be, agrees to inform the Initial Borrowers promptly thereof and provide an opportunity to contest such disclosure, in each case to the extent not prohibited by applicable law); (d) to any other Lender; (e) on a confidential basis, in connection with the exercise of of, but only to the extent necessary with respect thereto, any remedies hereunder or under any other Loan Document or any action or proceeding relating to this of the Credit Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder; (f) Agreements, subject to an agreement containing provisions substantially the same as those of this Section and with the consent of the applicable BorrowerSection, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in (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 Borrowers and their obligations, this Credit Agreement or payments hereunder; (g) on a confidential basis to (i) any rating agency in connection with rating the Borrowers or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility; (he) with the consent of the Borrowers; Borrower, or (if) to the extent such Information (xi) becomes publicly available other than as a result of a breach of this Section by Administrative Agent, any Lender or any of their respective Affiliates or Related Parties, or (yii) becomes available to Administrative Agent, any the Lender or any of their respective Affiliates on a non-confidential nonconfidential basis from a source other than the Borrowers Borrower. Lender shall be considered to have complied with its obligations under this Section if Administrative Agent, such Lender or such Affiliate (as applicable) does not know that such source is prohibited from disclosing has exercised the same degree of care to maintain the confidentiality of such Information, but in no event less than a reasonable degree of care, as it would accord its own confidential information of a similar nature. In additionLender acknowledges that (a) the Information may include material non-public information concerning the Borrower, Administrative Agent, (b) it has developed compliance procedures regarding the Lendersuse of material non-public information, and any of their respective Related Parties, may (Ac) disclose the existence of this Credit Agreement and it will handle such material non-public 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 accordance with the administration of this Credit Agreement, the other Loan Documents, and the Commitments; and (B) use any information (not constituting Information subject to 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 publicationsapplicable law, 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 (federal 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 information relating to the tax treatment or tax structure is required to be kept confidential to the extent necessary to comply with any applicable federal or state securities laws, rules, and regulations.. [This space intentionally left blank; signatures to follow] Loan Number: 2757504497 [Signatures to the Secured Line of Credit Loan Agreement]

Treatment of Certain Information; Confidentiality. Each of Administrative Agent the Agents, the Lenders and each Xxxxxx the L/C Issuer 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 and its Affiliates’ respective partners, directors, officers, employees, agents, advisors and representatives on a “need to know” basis 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 shall have agreed or otherwise be obligated to keep such Information confidentialmaintain its confidentiality); provided that, in no event will the 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 such business activities have been disclosed to Administrative Agent as of the Closing Date; (b) to the extent required or requested by any regulatory authority purporting to have jurisdiction over such Person or its Related Parties it (including any self-regulatory authority), such as the National Association of Insurance Commissioners) (in which case Administrative Agent or such Lender, as the case may be, agrees to inform the Initial Borrowers promptly thereof and provide an opportunity to contest such disclosure, in each case to the extent not prohibited by applicable law); (c) to the extent required by applicable laws or regulations or by any subpoena or similar legal process (in which case process; provided that the Administrative Agent or such Lender, as the case may beunless prohibited by any Law, agrees shall use reasonable efforts to inform the Initial Borrowers promptly thereof and provide an opportunity notify Borrower in advance of any disclosure pursuant to contest such disclosure, in each case this clause (c) but only to the extent not prohibited by applicable law); reasonably practicable under the circumstances and on the understanding that neither the Administrative Agent nor any Lender shall incur any liability for failure to give such notice, (d) to any other Lender; party hereto, (e) on a confidential basis, in connection with the exercise of any remedies hereunder or order to enforce its rights under any other Loan Document or any action or proceeding relating to this Credit Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder; in a legal proceeding, (f) subject to an agreement for the benefit of Borrower containing provisions substantially the same as those of this Section and with the consent of the applicable Borrower10.07, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in (but not including a Competitor unless an Event of Default has occurred and is continuing and the Standstill Period has expired)in, any of its rights and or obligations under this Credit Agreement, Agreement or (ii) any actual or prospective party counterparty (or its Related Partiesadvisors) (but not including a Competitor unless an Event of Default has occurred and is continuing and the Standstill Period has expired), to any swapSwap Agreement with Holdings or any Subsidiary, derivative or other transaction under which payments are to be made by reference to the Borrowers and their obligations, this Credit Agreement or payments hereunder; (g) on a confidential basis to (i) any rating agency in connection with rating the Borrowers or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility; (h) with the consent of the Borrowers; Borrower or (ih) to the extent such Information (x) becomes publicly available other than as a result of a breach of this Section by Administrative Agent, any Lender or any of their respective Affiliates or Related Parties, 10.07 or (y) becomes available to Administrative any Agent, any Lender Lender, the L/C Issuer or any of their respective Affiliates on a non-confidential nonconfidential basis from a source other than the Borrowers if Administrative Agent, such Lender any Loan Party or such Affiliate (as applicable) does not know that such source is prohibited from disclosing such Information. In addition, Administrative Agent, the Lenders, their Subsidiaries 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 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 information relating to the tax treatment or tax structure is required to be kept confidential to the extent necessary to comply with any applicable federal or state securities laws, rules, and regulationsAffiliates.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent Agent, the Lenders and each Xxxxxx the L/C Issuers 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 Affiliates, its auditors and to its and its Affiliates’ respective Related Parties (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); provided that, in no event will the 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 such business activities have been disclosed to Administrative Agent as of the Closing Date; (b) to the extent required or requested by any regulatory authority purporting to have jurisdiction over such Person or its Related Parties (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (), in which case the Administrative Agent Agent, such Lender or such LenderL/C Issuer shall (i) except with respect to any audit or examination conducted by accountants or any governmental, as the case may beregulatory, agrees to inform the Initial Borrowers promptly thereof and provide an opportunity to contest such disclosureor self-regulatory authority exercising examination or regulatory authority, in each case to the extent not prohibited practicable and permitted by applicable law); Law, notify the Company promptly in 162 CHAR1\1976173v4 advance thereof and (ii) use commercially reasonable efforts to ensure that any such Information disclosed is accorded confidential treatment, (c) to the extent required by applicable laws or regulations or regulations, by any subpoena or similar compulsory legal process (or pursuant to the order of any court or administrative agency in any pending legal, judicial or administrative proceeding, in which case the Administrative Agent Agent, such Lender or such Lender, as L/C Issuer shall (i) notify the case may be, agrees to inform Company of the Initial Borrowers promptly thereof and provide an opportunity to contest such disclosure, proposed disclosure in each case advance to the extent not prohibited by Law, compulsory legal process or the applicable law); administrative agency, provided if the Administrative Agent, such Lender or 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 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) on a confidential basis, in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Credit Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder; , (f) subject to an agreement containing provisions substantially the same as those of this Section (it being understood and with agreed that any “click through” confidentiality agreement used on SyndTrak is acceptable to the consent parties hereto for purposes of satisfying the requirements of the applicable Borrowerexception contemplated in this clause (f)), to (i) any assignee of or Participant in, or any prospective assignee of or Participant in (but not including a Competitor unless an Event of Default has occurred and is continuing and the Standstill Period has expired)in, any of its rights and obligations under this Credit 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) (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 any of the Borrowers and their obligations, this Credit Agreement or payments hereunder; , (g) on a confidential basis to (i) any rating agency in connection with rating the Borrowers Company or its Subsidiaries or the Credit Facility or credit facilities provided hereunder, (ii) the CUSIP Service Bureau or any similar agency in connection with the issuance and monitoring of CUSIP numbers or other market identifiers with respect to the Credit Facility; credit facilities provided hereunder or (iii) any insurance broker or provider of credit insurance to such Person, (h) with the prior written consent of the Borrowers; Company, or (i) to the extent such Information (x) becomes publicly available other than as a result of a breach of this Section by Administrative Agent, any Lender or any of their respective Affiliates or Related Parties, or (y) becomes available to the Administrative Agent, any Lender Lender, any L/C Issuer or any of their respective Affiliates on a non-confidential nonconfidential basis from a source other than the Borrowers if Administrative Agent, such Lender or such Affiliate (as applicable) does not know Company; provided that such source is prohibited from disclosing such Informationin no event shall any disclosure of Information be made to any Disqualified Institution. In addition, the Administrative Agent, Agent and the Lenders, and any of their respective Related Parties, Lenders 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 the Administrative Agent or and the Lenders in connection with the administration of this Credit Agreement, the other Loan Documents, and the Commitments; and (B) use . For purposes of this Section, “Information” means all information received from the Company or any information (not constituting Information subject Subsidiary relating to the foregoing confidentiality restrictions) related to the syndication and arrangement Company or any Subsidiary or any of the credit facilities contemplated by this Credit Agreement in connection with marketingtheir respective businesses, 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, than any such information relating that is available to the tax treatment Administrative Agent, any Lender or tax structure is any L/C Issuer on a nonconfidential basis prior to disclosure by the Company or any Subsidiary. Any Person required to maintain the confidentiality of Information as provided in this Section shall be kept 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 to information. Each of the extent necessary to comply Administrative Agent, the 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 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 accordance with any applicable Law, including Canadian federal or and provincial securities laws and United States federal and state securities laws, rules, and regulationsLaws.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent Agent, the Lenders and each Xxxxxx the Issuing Lenders 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 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); provided that, in no event will the 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 such business activities have been disclosed to Administrative Agent as of the Closing Date; (b) to the extent required or requested by any regulatory authority purporting to have jurisdiction over such Person or its Related Parties it (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (in which case Administrative Agent or such Lender), as the case may be, agrees to inform the Initial Borrowers promptly thereof and provide an opportunity to contest such disclosure, in each case to the extent not prohibited by applicable law); (c) to the extent required by applicable laws or regulations or by any subpoena or similar legal process; provided that, unless prohibited by law or by the rules governing the process (in which case Administrative Agent or such Lender, as the case may be, agrees to inform the Initial Borrowers promptly thereof and provide an opportunity to contest requiring such disclosure, in each case (i) it will promptly notify the Company of the existence, terms and circumstances surrounding such requirement, (ii) it will consult with the Company on the advisability of taking legally available steps to resist or narrow such requirement, and (iii) it will identify to the extent not prohibited by applicable law); Company any such Information which is legally required to be disclosed and will exercise commercially reasonable efforts to obtain an order or other reliable assurance, at the Company’s expense, that confidential treatment will be accorded to such information, (d) to any other Lender; party hereto, (e) on a confidential basis, in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Credit Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder; , (f) subject to an agreement containing provisions substantially the same as those of this Section and with the consent of the applicable BorrowerSection, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in (but not including a Competitor unless an Event of Default has occurred and is continuing and the Standstill Period has expired)in, any of its rights and or obligations under this Credit Agreement, Agreement or (ii) any actual or prospective party counterparty (or its Related Partiesadvisors) (but not including a Competitor unless an Event of Default has occurred and is continuing and the Standstill Period has expired), to any swap, swap or derivative or other transaction under which payments are relating to be made by reference to the Borrowers any Obligor and their its obligations, this Credit Agreement or payments hereunder; (g) on a confidential basis to (i) any rating agency in connection with rating the Borrowers or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility; (h) with the consent of the Borrowers; Company or (ih) to the extent such Information (x) becomes publicly available other than as a result of a breach of this Section by Administrative Agent, any Lender or any of their respective Affiliates or Related Parties, or (y) becomes available to the Administrative Agent, any Lender, any Issuing Lender or any of their respective Affiliates on a non-confidential nonconfidential basis from a source other than the Borrowers if Administrative Agent, such Lender Parent or such Affiliate (as applicable) does not know that such source is prohibited from disclosing such Information. In addition, Administrative Agent, the 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 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 information relating to the tax treatment or tax structure is required to be kept confidential to the extent necessary to comply with any applicable federal or state securities laws, rules, and regulationsSubsidiaries.

Treatment of Certain Information; Confidentiality. Each of Administrative Agent and each Xxxxxx the Lenders 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 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); provided that, in no event will the 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 such business activities have been disclosed to Administrative Agent as of the Closing Date; (b) to the extent required or requested by any regulatory authority authority, purporting to have jurisdiction over such Person or its Related Parties it (including any self-regulatory authority); provided that, to the extent it may lawfully do so, Agent or any such as the National Association Lender, shall use commercially reasonable efforts to notify Parent of Insurance Commissioners) (in which case Administrative such requirement prior to any disclosure of such information to a party that Agent or such LenderLender reasonably believes may not keep such information confidential and shall reasonably cooperate with Parent or any of its Subsidiaries in any lawful effort by Parent or any of its Subsidiaries to prevent or limit such disclosure or otherwise protect the confidentiality of such information, as the case may be, agrees to inform the Initial Borrowers promptly thereof and provide an opportunity to contest such disclosure, in each case to the extent not prohibited by applicable law); (c) to the extent required by applicable laws or regulations or by any subpoena or similar legal process (in which case Administrative process; provided that, to the extent it may lawfully do so, Agent or any such Lender, shall use commercially reasonable efforts to notify Parent of such requirement prior to any disclosure of such information to a party that Agent or such LenderLender reasonably believes may not keep such information confidential and shall reasonably cooperate with Parent or its Subsidiaries in any lawful effort by Parent or its Subsidiaries to prevent or limit such disclosure or otherwise protect the confidentiality of such information, as the case may be, agrees to inform the Initial Borrowers promptly thereof and provide an opportunity to contest such disclosure, in each case to the extent not prohibited by applicable law); (d) to any other Lender; party hereto, (e) on a confidential basis, in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Credit Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder; , (f) subject to an agreement containing provisions substantially the same as those of this Section and with the consent of the applicable BorrowerSection, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in (but not including a Competitor unless an Event of Default has occurred and is continuing and the Standstill Period has expired)in, any of its rights and or obligations under this Credit Agreement, or (ii) any actual or prospective party counterparty (or its Related Partiesadvisors) (but not including a Competitor unless an Event of Default has occurred and is continuing and the Standstill Period has expired), to any swap, swap or derivative or other transaction under which payments are relating to be made by reference to the Borrowers Borrower and their its obligations, this Credit Agreement or payments hereunder; (g) on a confidential basis to (i) any rating agency in connection with rating the Borrowers or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility; (h) with the consent of the Borrowers; Borrower or (ih) to the extent such Information (x) becomes publicly available other than as a result of a breach of this Section by Administrative Agent, any Lender or any of their respective Affiliates or Related Parties, or (y) becomes available to Administrative Agent, any Lender or any of their respective Affiliates on a non-confidential nonconfidential basis from a source other than the Borrowers if Administrative AgentBorrower. For purposes of this Section, such Lender “Information” means all information received from Parent or such Affiliate (as applicable) does not know that such source is prohibited from disclosing such Information. In addition, Administrative Agent, the Lenders, and any Subsidiary of Parent relating to Parent or any Subsidiary of Parent or any of their respective Related Partiesbusinesses, may other than any such information that is available to Agent or any Lender on a nonconfidential basis prior to disclosure by Parent or any Subsidiary of Parent; provided that, in the case of information received from Parent or any Subsidiary of Parent after the date 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 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. Each of Agent and the Lenders acknowledges that (A) disclose the existence Information may include material non-public information concerning Parent or a Subsidiary of this Credit Agreement and information about this Credit Agreement to market data collectorsParent, similar service providers to as the lending industry and service providers to Administrative Agent or the Lenders in connection with the administration of this Credit Agreementcase may be, the other Loan Documents, and the Commitments; and (B) it has developed compliance procedures regarding the use any of material non-public information and (not constituting Information subject to the foregoing confidentiality restrictionsC) related to the syndication and arrangement of the credit facilities contemplated by this Credit Agreement it will handle such material non-public information in connection accordance with marketing, press releases, or other transactional announcements or updates provided to investor or trade publicationsapplicable Law, 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 (Federal 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 information relating to the tax treatment or tax structure is required to be kept confidential to the extent necessary to comply with any applicable federal or state securities laws, rules, and regulationsLaws.

Treatment of Certain Information; Confidentiality. Each of Administrative Agent and each Xxxxxx other Lending Party (on behalf of itself and its Related Parties) each agrees to maintain the confidentiality of treat the Information in a confidential manner and to not disclose the Information to Persons not party to this Agreement (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 careor Affiliates thereof), 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 (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 confidentialconfidential on the same terms as provided herein); provided that, in no event will the 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 such business activities have been disclosed to Administrative Agent as of the Closing Date; (b) to the extent required or requested by any regulatory authority authority, purporting to have jurisdiction over such Person or its Related Parties it (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (in which case Administrative ); provided that each Agent or such Lender, as the case may beapplicable, agrees will use commercially reasonable efforts to inform the Initial Borrowers promptly thereof and provide an opportunity to contest give Administrative Borrower advance notice of such disclosure, in each case disclosure (to the extent not prohibited and reasonably possible); provided further that no such advance notice shall be required to be delivered with respect to any routine audit or examination conducted by applicable law)any banking authority, auditor, or any governmental agency or other authority exercising examination or regulatory authority over any Agent or any Lender which such examination is not directly focused on a Borrower, Guarantor or any of their Subsidiaries; (c) to the extent required by applicable laws or regulations Laws or by any subpoena or similar legal process (in which case Administrative Agent the Agents or such LenderLenders, as applicable, shall notify the case may be, agrees to inform the Initial Borrowers promptly thereof and provide an opportunity to contest such disclosure, in each case to the extent not prohibited practicable and to the extent permitted by applicable lawLaws); (d) to any other Lenderparty hereto; (e) on a confidential basis, in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Credit Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder; (f) to “Gold Sheets” or other similar bank trade publications announcements; provided that such information consist solely of deal terms and other information customarily found in such publications; (g) subject to an agreement containing provisions substantially the same as those of this Section and with the consent of the applicable Borrower, to 10.07 to: (i) any assignee of or Participant in, or any prospective assignee of or Participant in (but not including a Competitor unless an Event of Default has occurred and is continuing and the Standstill Period has expired)in, any of its rights and or obligations under this Credit Agreement, ; or (ii) any actual or prospective party counterparty (or its Related Partiesadvisors) (but not including a Competitor unless an Event of Default has occurred and is continuing and the Standstill Period has expired), to any swap, swap or derivative transaction or other transaction under which payments are credit insurance relating to be made by reference to the Borrowers and their obligations, this Credit Agreement or payments hereunder; (g) on a confidential basis to (i) any rating agency in connection with rating the Borrowers or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit FacilityLoan Party; (h) with the consent of the Borrowerseach Borrower; or (i) to the extent such Information Information: (xi) becomes publicly available other than as a result of a breach of this Section by Administrative Agent, any Lender or any of their respective Affiliates or Related Parties, 10.07; or (yii) becomes available to Administrative any Agent, any Lender Lending Party or any 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 applicable) does any Loan Party and not know that such source is prohibited from disclosing such Information. In addition, Administrative Agent, the Lenders, and any of their respective Related Parties, may (A) disclose the existence in contravention 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 Section 10.07. For purposes of this Credit AgreementSection 10.07, the other Loan Documents, and the Commitments; and (B) use any information (not constituting Information subject to 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 information relating to the tax treatment or tax structure is required to be kept confidential to the extent necessary to comply with any applicable federal or state securities laws, rules, and regulations.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent Agent, the Lenders and each Xxxxxx the L/C Issuer 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 and its Affiliates’ respective partners, directors, officers, employees, agents, advisors and other representatives 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)) solely in connection with the transactions contemplated or permitted hereby; provided thatthat the Administrative Agent, in no event will the disclosure of Information to such Affiliates or Related Parties facilitate any activity that competes directly with the business activities of any Borrower Lenders or the Investment Adviser L/C Issuer, as such business activities have been disclosed to Administrative Agent as of the Closing Date; case may be, shall be responsible for its Affiliates’ compliance with this clause, (b) to the extent required or requested by any regulatory authority purporting to have jurisdiction over such Person or its Related Parties 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 connection with ratings issued with respect to such Lender (in which case Administrative Agent or such Lenderprovided that, as the case may be, agrees prior to inform the Initial Borrowers promptly thereof and provide an opportunity to contest any such disclosure, such rating agency shall undertake in each case writing to preserve the confidentiality of any confidential Information relating to the extent not prohibited by applicable lawLoan Parties); , (c) to the extent required by applicable laws Applicable Laws or regulations or by any subpoena or similar legal process (in which case process; provided that, unless specifically prohibited by Applicable Law or court order, each Lender and the Administrative Agent or such Lender, as shall promptly notify the case may be, agrees to inform the Initial Borrowers promptly thereof and provide an opportunity to contest Borrower in advance of any such disclosure, in each case to the extent not prohibited by applicable law); (d) to any other Lender; party hereto, (e) on a confidential basis, in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Credit Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder; , (f) subject to an agreement containing provisions substantially the same as those of this Section and with the consent of the applicable Borrower10.23, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in (but not including a Competitor unless an Event of Default has occurred and is continuing and the Standstill Period has expired)in, any of its rights and or obligations under this Credit Agreement, Agreement or (ii) any actual or prospective party counterparty (or its Related Partiesadvisors) (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 Hedge Agreement relating to the Borrowers Borrower and their its obligations, this Credit Agreement or payments hereunder; (g) on a confidential basis to (i) any rating agency in connection with rating the Borrowers or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility; (h) with the consent of the Borrowers; Borrower or (ih) to the extent such Information (x) becomes publicly available other than as a result of a breach of this Section by Administrative Agent, any Lender or any of their respective Affiliates or Related Parties, 10.23 or (y) becomes available to the Administrative Agent, any Lender or any of their respective Affiliates on a non-confidential nonconfidential basis from a source other than the Borrowers if Borrower (except to the extent that such Information was available to the Administrative Agent, such any Lender or any of their Affiliates as a result of Administrative Agent’s, any Lender’s or their Affiliates’ ownership interests in the Business or the Borrower). For purposes of this Section 10.23, “Information” means all information received by the Administrative Agent, any Lender or the L/C Issuer, as the case may be, from the Borrower or any of its Subsidiaries relating to the Borrower or any of its Subsidiaries or any of their respective businesses, other than any such Affiliate information that is available to the Administrative Agent or any Lender on a nonconfidential basis prior to disclosure by the Borrower or any of its Subsidiaries. Any Person required to maintain the confidentiality of Information as provided in this Section shall 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. 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 applicableprinciples primarily in private equity or venture capital on a proprietary bases (other than, in each case, such Affiliates engaged by the Borrower with respect to the Transactions or any debt fund affiliates or any advisors thereto) does not know that such source is prohibited from disclosing such Information. In addition, or (y) to the knowledge of the Administrative Agent, the LendersLenders or the L/C Issuer, and as the case may be, are engaged in businesses competing with the Borrower (including 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 Affiliate which has been previously identified in writing to the lending industry and service providers Joint Lead Arrangers as such); provided that nothing contained in this Section 10.23 shall prohibit the disclosure of such Information to any officers, directors or employees of any Affiliate of the Administrative Agent Agent, the Lenders or the Lenders in connection with L/C Issuer, as the administration case may be, who reasonably need to know such Information for purposes of this Credit Agreementevaluating, the other Loan Documentsnegotiating, and the Commitments; and (B) use enforcing or consummating any information (not constituting Information subject to 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 hereby, so long as, such Information is used solely for such purposes. THE SIGNATURES OF EACH PARTY HERETO EVIDENCE EACH PARTIES’ AGREEMENT TO BE BOUND BY THE TERMS OF THIS LOAN AGREEMENT. 115 VANTIV, LLC 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 Agreement and all materials Officer EXHIBIT A NOTICE OF PAYMENT REQUEST [Date] [Name 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 information relating Lender] [Address] Attention: Reference is made to the tax treatment 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 tax structure 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 be kept confidential 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 EXHIBIT B NOTICE OF BORROWING Date: , To: JPMorgan Chase Bank, N.A., as Administrative Agent for the Lenders parties to the extent necessary Loan Agreement dated as of March 27, 2012 (as extended, renewed, amended, restated, amended and restated, supplemented or otherwise modified from time to comply with any applicable federal or state securities lawstime, rulesthe “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 regulations.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:

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent Agent, the Lenders and each Xxxxxx the L/C Issuers 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 Affiliates, its auditors and to its and its Affiliates’ respective Related Parties (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); provided that, in no event will the 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 such business activities have been disclosed to Administrative Agent as of the Closing Date; (b) to the extent required or requested by any regulatory authority purporting to have jurisdiction over such Person or its Related Parties (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (), in which case the Administrative Agent Agent, such Lender or such LenderL/C Issuer shall (i) except with respect to any audit or examination conducted by accountants or any governmental, as the case may beregulatory, agrees to inform the Initial Borrowers promptly thereof and provide an opportunity to contest such disclosureor self-regulatory authority exercising examination or regulatory authority, in each case to the extent not prohibited practicable and permitted by applicable law); Law, notify the Company promptly in advance thereof and (ii) use commercially reasonable efforts to ensure that any such Information disclosed is accorded confidential treatment, (c) to the extent required by applicable laws or regulations or regulations, by any subpoena or similar compulsory legal process (or pursuant to the order of any court or administrative agency in any pending legal, judicial or administrative proceeding, in which case the Administrative Agent Agent, such Lender or such Lender, as L/C Issuer shall (i) notify the case may be, agrees to inform Company of the Initial Borrowers promptly thereof and provide an opportunity to contest such disclosure, proposed disclosure in each case advance to the extent not prohibited by Law, compulsory legal process or the applicable law); administrative agency, provided if the Administrative Agent, such Lender or 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 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) on a confidential basis, in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Credit Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder; , (f) subject to an agreement containing provisions substantially the same as those of this Section (it being understood and with agreed that any “click through” confidentiality agreement used on SyndTrak is acceptable to the consent parties hereto for purposes of satisfying the requirements of the applicable Borrowerexception contemplated in this clause (f)), to (i) any assignee of or Participant in, or any prospective assignee of or Participant in (but not including a Competitor unless an Event of Default has occurred and is continuing and the Standstill Period has expired)in, any of its rights and obligations under this Credit 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) (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 any of the Borrowers and their obligations, this Credit Agreement or payments hereunder; , (g) on a confidential basis to (i) any rating agency in connection with 161 CHAR1\1982698v3 rating the Borrowers Company or its Subsidiaries or the Credit Facility or credit facilities provided hereunder, (ii) the CUSIP Service Bureau or any similar agency in connection with the issuance and monitoring of CUSIP numbers or other market identifiers with respect to the Credit Facility; credit facilities provided hereunder or (iii) any insurance broker or provider of credit insurance to such Person, (h) with the prior written consent of the Borrowers; Company, or (i) to the extent such Information (x) becomes publicly available other than as a result of a breach of this Section by Administrative Agent, any Lender or any of their respective Affiliates or Related Parties, or (y) becomes available to the Administrative Agent, any Lender Lender, any L/C Issuer or any of their respective Affiliates on a non-confidential nonconfidential basis from a source other than the Borrowers if Administrative Agent, such Lender or such Affiliate (as applicable) does not know Company; provided that such source is prohibited from disclosing such Informationin no event shall any disclosure of Information be made to any Disqualified Institution. In addition, the Administrative Agent, Agent and the Lenders, and any of their respective Related Parties, Lenders 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 the Administrative Agent or and the Lenders in connection with the administration of this Credit Agreement, the other Loan Documents, and the Commitments; and (B) use . For purposes of this Section, “Information” means all information received from the Company or any information (not constituting Information subject Subsidiary relating to the foregoing confidentiality restrictions) related to the syndication and arrangement Company or any Subsidiary or any of the credit facilities contemplated by this Credit Agreement in connection with marketingtheir respective businesses, 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, than any such information relating that is available to the tax treatment Administrative Agent, any Lender or tax structure is any L/C Issuer on a nonconfidential basis prior to disclosure by the Company or any Subsidiary. Any Person required to maintain the confidentiality of Information as provided in this Section shall be kept 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 to information. Each of the extent necessary to comply Administrative Agent, the 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 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 accordance with any applicable Law, including Canadian federal or and provincial securities laws and United States federal and state securities laws, rules, and regulationsLaws.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent Agent, the Lenders and each Xxxxxx the L/C Issuer 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 and its Related Parties (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); provided that, in no event will the 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 such business activities have been disclosed to Administrative Agent as of the Closing Date; (b) to the extent required or requested by any regulatory authority purporting to have jurisdiction over such Person or its Related Parties (including any self-regulatory authority, such as the National 150 150 Association of Insurance Commissioners) (); provided that in which case Administrative Agent or such Lender, as the case of any such disclosure made pursuant to this clause (b), the 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 Loan Parties or its related entities may beseek a preliminary or other protective order or other appropriate remedy, agrees to inform the Initial Borrowers promptly thereof and provide an opportunity to contest except that no such disclosurenotice shall be required in connection with customary examinations of a Lender by its regulators, in each case to the extent not prohibited by applicable law); (c) to the extent required by applicable laws or regulations or by any subpoena or similar legal process (process; provided that in which case Administrative Agent or such Lender, as the case of any such disclosure made pursuant to this clause (c), the 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 Loan Parties or its related entities may beseek a preliminary or other protective order or other appropriate remedy, agrees to inform the Initial Borrowers promptly thereof and provide an opportunity to contest except that no such disclosurenotice shall be required in connection with customary examinations of a Lender by its regulators, in each case to the extent not prohibited by applicable law); (d) to any other Lender; party hereto, (e) on a confidential basis, in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Credit Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder; , (f) subject to an agreement containing provisions substantially the same as those of this Section and with the consent of the applicable BorrowerSection, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in (but not including a Competitor unless an Event of Default has occurred and is continuing and the Standstill Period has expired)in, any of its rights and obligations under this Credit 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) (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 Borrowers a Borrower and their its obligations, this Credit Agreement or payments hereunder; , (g) on a confidential basis to (i) any rating agency in connection with rating the Borrowers a Borrower or its Subsidiaries or the Credit Facility credit facilities provided hereunder or (ii) the CUSIP Service Bureau or any similar agency in connection with the issuance and monitoring of CUSIP numbers or other market identifiers with respect to the Credit Facility; credit facilities provided hereunder, (h) with the consent of the Borrowers; Company or the Borrowing Agent or (i) to the extent such Information (x) becomes publicly available other than as a result of a breach of this Section by Administrative Agent, any Lender or any of their respective Affiliates or Related Parties, or (y) becomes available to the Administrative Agent, any Lender Lender, the L/C Issuer or any of their respective Affiliates on a non-confidential nonconfidential basis from a source other than the Borrowers if Administrative Agent, such Lender or such Affiliate (as applicable) does not know that such source is prohibited from disclosing such Information. In addition, Administrative Agent, the 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 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 information relating to the tax treatment or tax structure is required to be kept confidential to the extent necessary to comply with any applicable federal or state securities laws, rules, and regulationsCompany.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent Agent, the Lenders and each Xxxxxx agrees the Issuing Lenders agree 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 who need to know 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); , provided thatthat the applicable Lender, in no event will the disclosure of Information to such Affiliates Issuing Lender or Administrative Agent, shall be responsible for its Affiliates’ and its and their respective Related Parties facilitate any activity that competes directly Parties’ compliance with the business activities of any Borrower or the Investment Adviser as such business activities have been disclosed to Administrative Agent as of the Closing Datethis paragraph; (b) to the extent required or requested by any regulatory authority purporting to have jurisdiction over such Person or its Related Parties (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (), in which case the Administrative Agent Agent, the Lenders and the Issuing Lenders agree (except with respect to any audit or such Lenderexamination conducted by bank accountants or any regulatory or self-regulatory authority exercising examination or regulatory authority), as the case may be, agrees to inform the Initial Borrowers promptly thereof and provide an opportunity to contest such disclosure, in each case to the extent practicable and not prohibited by applicable law), to inform the Borrower promptly thereof prior to such disclosure and to reasonably cooperate with the Borrower, at the Borrower’s expense, in seeking a protective order or other appropriate remedy; (c) to the extent required by applicable laws or regulations or by any subpoena or similar legal process (based on the reasonable advice of counsel, in which case the Administrative Agent Agent, the Lenders and the Issuing Lenders agree (except with respect to any audit or such Lenderexamination conducted by bank accountants or any regulatory or self-regulatory authority exercising examination or regulatory authority), as the case may be, agrees to inform the Initial Borrowers promptly thereof and provide an opportunity to contest such disclosure, in each case to the extent practicable and not prohibited by applicable law), to inform the Borrower promptly thereof prior to such disclosure and to reasonably cooperate with the Borrower, at the Borrower’s expense, in seeking a protective order or other appropriate remedy; (d) to any other Lenderparty hereto; (e) on a confidential basis, in connection with the exercise of any remedies hereunder or under any other Loan Credit Document or any action or proceeding relating to this Credit Agreement or any other Loan Credit Document 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 and with the consent of the applicable BorrowerSection, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in (but not including a Competitor unless an Event of Default has occurred and is continuing and the Standstill Period has expired)in, 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 Borrowers Borrower and their its obligations, this Credit Agreement or payments hereunder; (g) on a confidential basis to (i) S&P and Mxxxx’x in connection with obtaining the ratings described herein in respect of the Borrower and the Loans and to any rating agency in connection with rating the Borrowers or the Credit Facility obtaining shadow ratings required by any financing source or (ii) the CUSIP Service Bureau or any similar agency 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 written consent of the BorrowersBorrower; or (i) to the extent such Information (x) becomes publicly available other than as a result of a breach of this Section by Administrative Agent, any Lender or any of their respective Affiliates or Related PartiesSection, or (y) becomes available to the Administrative Agent, any Lender, any Issuing Lender or any of their respective Affiliates on a non-confidential nonconfidential basis from a source other than the Borrowers if Administrative Agent, such Lender or such Affiliate (as applicable) does not know that such source is prohibited from disclosing such InformationBorrower. In addition, the Administrative Agent, Agent and the Lenders, and any of their respective Related Parties, Lenders 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 Agents and the Lenders in connection with the administration of this Credit Agreement, the other Loan Credit Documents, and the Commitments; and (B) use any information (not constituting Information subject to 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 information relating to the tax treatment or tax structure is required to be kept confidential to the extent necessary to comply with any applicable federal or state securities laws, rules, and regulations.165

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent Agent, the Lenders and each Xxxxxx the Issuing Lenders 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 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); provided that, in no event will the 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 such business activities have been disclosed to Administrative Agent as of the Closing Date; (b) to the extent required or requested by any regulatory authority purporting to have jurisdiction over such Person or its Related Parties it (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (in which case Administrative Agent or such Lender), as the case may be, agrees to inform the Initial Borrowers promptly thereof and provide an opportunity to contest such disclosure, in each case to the extent not prohibited by applicable law); (c) to the extent required by applicable laws or regulations or by any subpoena or similar legal process; provided that, unless prohibited by law or by the rules governing the process (in which case Administrative Agent or such Lender, as the case may be, agrees to inform the Initial Borrowers promptly thereof and provide an opportunity to contest requiring such disclosure, in each case (i) it will promptly notify the Company of the existence, terms and circumstances surrounding such requirement, (ii) it will consult with the Company on the advisability of taking legally available steps to resist or narrow such requirement, and (iii) it will identify to the extent not prohibited by applicable law); Company any such Information which is legally required to be disclosed and will exercise commercially reasonable efforts to obtain an order or other reliable assurance, at the Company’s expense, that confidential treatment will be accorded to such information, (d) to any other Lender; party hereto, (e) on a confidential basis, in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Credit Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder; , (f) subject to an agreement containing provisions substantially the same as those of this Section and with the consent of the applicable BorrowerSection, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in (but not including a Competitor unless an Event of Default has occurred and is continuing and the Standstill Period has expired)in, any of its rights and or obligations under this Credit Agreement, Agreement or (ii) any actual or prospective party counterparty (or its Related Partiesadvisors) (but not including a Competitor unless an Event of Default has occurred and is continuing and the Standstill Period has expired), to any swap, swap or derivative or other transaction under which payments are relating to be made by reference to the Borrowers any Obligor and their its obligations, this Credit Agreement or payments hereunder; (g) on a confidential basis to (i) any rating agency in connection with rating the Borrowers or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility; (h) with the consent of the Borrowers; Company or (ih) to the extent such Information (x) becomes publicly available other than as a result of a breach of this Section by Administrative Agent, any Lender or any of their respective Affiliates or Related Parties, or (y) becomes available to the Administrative Agent, any Lender, any Issuing Lender or any of their respective Affiliates on a non-confidential nonconfidential basis from a source other than the Borrowers if Administrative AgentParent or any of its Subsidiaries. For purposes of this Section, such Lender “Information” means all information received from the Parent or such Affiliate (as applicable) does not know that such source is prohibited from disclosing such Information. In addition, Administrative Agent, any of its Subsidiaries relating to the Lenders, and Parent or any of its Subsidiaries or any of their respective Related Partiesbusinesses, 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 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, than any such information relating that is available to the tax treatment Administrative Agent, any Lender or tax structure any Issuing Lender on a nonconfidential basis prior to disclosure by the Parent or any of its Subsidiaries, provided that, in the case of information received from the Parent or any of its Subsidiaries after the date 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 kept 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 to the extent necessary to comply with any applicable federal or state securities laws, rules, and regulationsinformation.