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

Treatment of Certain Information; Confidentiality. Each of the Credit Parties agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates, Approved Funds, and to its and its Affiliates’ and Approved Funds’ respective partners, directors, officers, employees, agents, funding sources, attorneys, 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), (b) to the extent requested by any regulatory authority purporting to have jurisdiction over it (including any self-regulatory authority), (c) to the extent required by Requirement of Laws or regulations or by any subpoena or similar legal process, provided that the Agent or such Lender, as applicable, agrees that it will notify the Borrower as soon as practicable in the event of any such disclosure by such person (other than at the request of a regulatory authority) unless such notification is prohibited by law, rule or regulation; (d) to any other party hereto, (e) in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder, (f) subject to an agreement (including any electronic agreement contained in any Platform) containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights or obligations under this Agreement or any Eligible Assignee invited to be an Additional Commitment Lender; or (ii) any actual or prospective counterparty (or its advisors) to any Hedge Agreement relating to any Loan Party and its obligations, (g) with the consent of the Borrower, (h) to any rating agency when required by it (it being understood that, prior to any such disclosure, such rating agency shall undertake to preserve the confidentiality of any Information relating to the Loan Parties received by it from such Lender) or (i) to the extent such Information (i) becomes publicly available other than as a result of a breach of this Section or (ii) becomes available to any Credit Party or any of their respective Affiliates on a non-confidential basis from a source other than the Loan Parties and which source is not known by such Agent or Lender to be subject to a confidentiality restriction in respect thereof in favor of any of the Credit Parties or any Affiliate of the Credit Parties.

Treatment of Certain Information; Confidentiality. Each of the Credit Parties Administrative Agent, the L/C Issuers and the Lenders agrees to maintain the confidentiality of the Information, except that Information (as defined below), except that Information ) may be disclosed disclosed: (ai) to its Affiliates, Approved Funds, Affiliates and to its it and its Affiliates’ and Approved Funds’ respective partners, directors, officers, employees, agents, funding sources, attorneystrustees, 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), ; (bii) to the extent required or requested by any regulatory authority purporting to have jurisdiction over it (including any self-regulatory authority), such as the National Association of Insurance Commissioners) in which case the Administrative Agent, L/C Issuer or such Lender, as applicable, shall use reasonable efforts (c(x) to the extent legally permissible but (y) not in the case of any such requests which are part of, or arise out of, normal reporting or review procedures to, or examination by, any such regulatory authority) to notify the Parent Borrower prior to such disclosure; (iii) to the extent required by Requirement of applicable Laws or regulations or by any subpoena or similar legal processprocess in which case the Administrative Agent, provided that the Agent such L/C Issuer or such Lender, as applicable, agrees that it will shall use reasonable efforts (to the extent permitted) to notify the Parent Borrower as soon as practicable in the event of any prior to such disclosure by such person (other than at the request of a regulatory authority) unless such notification is prohibited by law, rule or regulationdisclosure; (div) to any other party hereto, ; (ev) in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder, (fvi) subject to an agreement (including any electronic agreement contained in any Platform) containing provisions substantially the same as those of this SectionSection 10.07, to (iA) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights or obligations under this Agreement or any Eligible Assignee invited to be an Additional Commitment Lender; or (iiB) any actual or prospective counterparty (or its advisors) to any Hedge Agreement swap or derivative transaction relating to any Loan Party the Borrowers and its their obligations, (gvii) on a confidential basis to (A) any ratings agency in connection with rating Holdings, the Borrowers or their Subsidiaries or the credit facilities provided hereunder or (B) the CUSIP Service Bureau or any similar agency in connection with the consent issuance and monitoring of the Borrower, (h) to any rating agency when required by it (it being understood that, prior to any such disclosure, such rating agency shall undertake to preserve the confidentiality of any Information relating CUSIP numbers or other market identifiers with respect to the Loan Parties received by it from such Lender) or (i) to the extent such Information (i) becomes publicly available other than as a result of a breach of this Section or (ii) becomes available to any Credit Party or any of their respective Affiliates on a non-confidential basis from a source other than the Loan Parties and which source is not known by such Agent or Lender to be subject to a confidentiality restriction in respect thereof in favor of any of the Credit Parties or any Affiliate of the Credit Parties.credit facilities provided hereunder,

Treatment of Certain Information; Confidentiality. Each of the Credit Parties Administrative Agent, the L/C Issuers and the Lenders agrees to maintain the confidentiality of the Information, except that Information (as defined below), except that Information ) may be disclosed disclosed: (ai) to its Affiliates, Approved Funds, Affiliates and to its it and its Affiliates’ and Approved Funds’ respective partners, directors, officers, employees, agents, funding sources, attorneystrustees, 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), ; (bii) to the extent required or requested by any regulatory authority purporting to have jurisdiction over it (including any self-regulatory authority), such as the National Association of Insurance Commissioners) in which case the Administrative Agent, L/C Issuer or such Lender, as applicable, shall use reasonable efforts (c(x) to the extent legally permissible but (y) not in the case of any such requests which are part of, or arise out of, normal reporting or review procedures to, or examination by, any such regulatory authority) to notify the Parent Borrower prior to such disclosure; (iii) to the extent required by Requirement of applicable Laws or regulations or by any subpoena or similar legal processprocess in which case the Administrative Agent, provided that the Agent such L/C Issuer or such Lender, as applicable, agrees that it will shall use reasonable efforts (to the extent permitted) to notify the Parent Borrower as soon as practicable in the event of any prior to such disclosure by such person (other than at the request of a regulatory authority) unless such notification is prohibited by law, rule or regulationdisclosure; (div) to any other party hereto, ; (ev) in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder, (fvi) subject to an agreement (including any electronic agreement contained in any Platform) containing provisions substantially the same as those of this SectionSection 10.07, to (iA) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights or obligations under this Agreement or any Eligible Assignee invited to be an Additional Commitment Lender; or (iiB) any actual or prospective counterparty (or its advisors) to any Hedge Agreement swap or derivative transaction relating to any Loan Party the Borrowers and its their obligations, (gvii) on a confidential basis to (A) any ratings agency in connection with rating Holdings, the Borrowers or their Subsidiaries or the credit facilities provided hereunder or (B) 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 facilities provided hereunder, (viii) with the consent of the Borrower, (h) to any rating agency when required by it (it being understood that, prior to any such disclosure, such rating agency shall undertake to preserve the confidentiality of any Information relating to the Loan Parties received by it from such Lender) Parent Borrower or (iix) to the extent such Information (iA) becomes publicly available other than as a result of a breach of this Section 10.07 or (iiB) becomes available to the Administrative Agent, any Credit Party Lender or any of their respective Affiliates on a non-confidential nonconfidential basis (to their knowledge) from a source other than the Loan Parties and which source Borrowers. For purposes of this Section 10.07, “Information” means all information received from Holdings or any of its Subsidiaries relating to any of them or any of their respective businesses, other than any such information that is not known by such available to the Administrative Agent or any Lender on a nonconfidential basis prior to be subject to a confidentiality restriction in respect thereof in favor of disclosure by Holdings or any of its Subsidiaries; provided that, in the Credit Parties case of information received from Holdings or any Affiliate of its Subsidiaries after the date hereof, such information is clearly identified at the time of delivery as confidential or delivered pursuant to Section 6.01, 6.02 or 6.03 hereof. 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. Notwithstanding the foregoing, any Agent and any Lender may place advertisements in financial and other newspapers and periodicals or on a home page or similar place for dissemination of information on the Internet or worldwide web as it may choose, and circulate similar promotional materials, after the closing of the Credit transactions contemplated by this Agreement in the form of a “tombstone” or otherwise describing the names of the Loan Parties, or any of them, and the amount, type and closing date of such transactions, all at their sole expense. Each of the Administrative Agent, L/C Issuer and the Lenders acknowledges that (i) the Information may include MNPI concerning Holdings, the Borrowers or one or more Subsidiaries, as the case may be, (ii) it has developed compliance procedures regarding the use of MNPI and (iii) it will handle such MNPI in accordance with applicable Requirements of Law, including federal and state securities Requirements of Law.

Treatment of Certain Information; Confidentiality. Each of the Credit Parties Lenders and the Administrative Agent agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (in each case, other than to a Disqualified Institution): (a) to its Affiliates, Approved Funds, Affiliates and to its and its Affiliates’ and Approved Funds’ respective partners, directors, officers, employees, agents, funding sources, attorneys, 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), (b) to the extent requested by any regulatory authority purporting to have jurisdiction over it (including any self-regulatory authority, such as the National Association of Insurance Commissioners) provided that such disclosure shall be limited to such information as is expressly required or requested (as may be determined in consultation with counsel), (c) to the extent required by Requirement of Laws or regulations Applicable Law or by any subpoena or similar legal process, process provided that the Agent or such Lender, as applicable, agrees that it will notify the Borrower as soon as practicable in the event of any such disclosure by shall be limited to such person information as is expressly required (other than at the request of a regulatory authority) unless such notification is prohibited by lawas may be determined in consultation with counsel), rule or regulation; (d) to any other party hereto, (e) in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder, (f) subject to an agreement (including any electronic agreement contained in any Platform) containing provisions substantially the same as those of this SectionSection 12.23, to to: (i) any assignee of or Participant in, or any prospective assignee of or Participant (except, in each case, for the avoidance of doubt, for any Disqualified Institution) in, any of its rights or obligations under this Agreement Agreement, any investor or prospective investor, or any Eligible Assignee invited to be an Additional Commitment Lender; new lender or prospective new lender in a refinancing all or a portion of the Loans or otherwise or (ii) any actual or prospective counterparty (or its advisors) to any Hedge Agreement swap or derivative transaction relating to any Loan Party Borrower and its obligations, (g) with the consent of the Borrower, any Borrower or (h) to any rating agency when required by it (it being understood that, prior to any such disclosure, such rating agency shall undertake to preserve the confidentiality of any Information relating to the Loan Parties received by it from such Lender) or (i) to the extent such Information Information: (i) becomes publicly available other than as a result of a breach of this Section 12.23 or (ii) becomes available to any Credit Party Lender, the Administrative Agent or any of their respective Affiliates on a non-confidential nonconfidential basis from a source other than the BVI Borrower. For purposes of this Section 12.23, “Information” means all information received from any Loan Parties and which source is not known by such Agent Party or Lender to be subject to a confidentiality restriction in respect thereof in favor of any of the Credit Parties its Subsidiaries relating to any Loan Party or any Affiliate of its Subsidiaries or any of their respective businesses, other than any such information that is available to any Lender, or the Credit PartiesAdministrative Agent on a nonconfidential basis prior to disclosure by any Loan Party or any of its Subsidiaries; provided that, in the case of information received from a Loan Party or any of its Subsidiaries after the Closing Date, such information is clearly identified at the time of delivery as confidential. Except with respect to disclosing any Information to any Disqualified Institution, any Person required to maintain the confidentiality of Information as provided in this Section 12.23 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.

Treatment of Certain Information; Confidentiality. Each of the Credit Parties Senior Facility Agent, the Common Security Trustee, the Swing Line Lender, the Senior Issuing Banks, and the Senior Lenders agrees to maintain the confidentiality of the Information (as defined below)Information, except that Information may be disclosed (a) to its Affiliates, Approved Funds, Affiliates and to its and its Affiliates’ and Approved Funds’ respective shareholders, members, partners, directors, officers, employees, agents, funding sourcesadvisors, attorneysauditors, advisors insurers and representatives (it being understood that provided that, the Persons to whom such disclosure is made will be informed prior to disclosure of the confidential nature of such Information and instructed to keep such Information confidential), ; (b) to the extent requested or required by any regulatory authority purporting to have jurisdiction over it or to any Federal Reserve Bank or central bank in connection with a pledge or assignment pursuant to Section 11.04(e) (including any self-regulatory authorityAssignments), ; (c) to the extent required by Requirement of Laws applicable Government Rule or regulations or by any subpoena or similar legal process, provided that the Agent or such Lender, as applicable, agrees that it will notify the Borrower as soon as practicable in the event of any such disclosure by such person (other than at the request of a regulatory authority) unless such notification is prohibited by law, rule or regulation; (d) to any other party hereto, to this Agreement; (e) in connection with the exercise of any remedies hereunder or under any other Loan Financing Document or any suit, action or proceeding relating to this Agreement or any other Loan Document or the enforcement of rights hereunder (including any actual or thereunder, prospective purchaser of Collateral); (f) subject to an agreement (including any electronic agreement contained in any Platform) containing provisions substantially the same as those of this SectionSection 11.17, to (i) any assignee Eligible Assignee of or Participant in, or any prospective assignee Eligible Assignee of or Participant in, any of its rights or obligations under this Agreement or any Eligible Assignee invited to be an Additional Commitment Lender; or Agreement, (ii) any actual direct or indirect contractual counterparty or prospective counterparty (or its advisorssuch contractual counterparty’s or prospective counterparty’s professional advisor) to any Hedge Agreement credit derivative transaction relating to any Loan Party and its obligations, (g) with the consent obligations of the Borrower, (h) to any rating agency when required by it (it being understood that, prior to any such disclosure, such rating agency shall undertake to preserve the confidentiality of any Information relating to the Loan Parties received by it from such Lender) or (i) to the extent such Information (i) becomes publicly available other than as a result of a breach of this Section or (ii) becomes available to any Credit Party or any of their respective Affiliates on a non-confidential basis from a source other than the Loan Parties and which source is not known by such Agent or Lender to be subject to a confidentiality restriction in respect thereof in favor of any of the Credit Parties or any Affiliate of the Credit Parties.Borrower or

Treatment of Certain Information; Confidentiality. Each of the Credit Parties Administrative Agent and the Lenders and the Issuing Lender agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates, Approved Funds, Affiliates and to its and its Affiliates’ and Approved Funds’ respective partners, directors, officers, employees, agents, funding sources, attorneys, advisors and representatives 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), (b) to the extent required or requested by by, or required to be disclosed to, any rating agency, or regulatory or similar authority purporting to have jurisdiction over it such Person or its Related Parties (including any self-regulatory authority, such as the National Association of Insurance Commissioners), (c) to the extent required by Requirement of Applicable Laws or regulations or by any subpoena or similar legal process, provided that the Agent or such Lender, as applicable, agrees that it will notify the Borrower as soon as practicable in the event of any such disclosure by such person (other than at the request of a regulatory authority) unless such notification is prohibited by law, rule or regulation; (d) to any other party hereto, (e) in connection with the exercise of any remedies hereunder under this Agreement or under any other Loan Document or under any Secured Hedge or Secured Cash Management Agreement or any action or proceeding relating to this Agreement or Agreement, any other Loan Document or any Secured Hedging Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, (f) subject to an agreement (including any electronic agreement contained in any Platform) containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights or and obligations under this Agreement or any Eligible Assignee invited to be an Additional Commitment Lender; or Agreement, (ii) any actual or prospective counterparty party (or its advisorsRelated Parties) to any Hedge Agreement relating swap, derivative or other transaction under which payments are to any Loan Party be made by reference to the Borrower and its obligations, this Agreement or payments hereunder, (iii) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund, or (v) to a nationally recognized rating agency that requires access to information regarding the Borrower and its Subsidiaries, the Loans and Loan Documents in connection with ratings issued with respect to an Approved Fund, (g) on a confidential basis to (i) any rating agency in connection with rating the 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 Borrower, (hi) to any rating agency when required by it (it being understood that, prior to any such disclosureGold Sheets and other similar bank trade publications, such rating agency shall undertake information to preserve the confidentiality consist of any Information relating to the Loan Parties received by it from deal terms and other information customarily found in such Lender) publications, or (ij) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section or (iiy) becomes available to the Administrative Agent, any Credit Party Lender, the Issuing Lender or any of their respective Respective Affiliates on a non-confidential nonconfidential basis from a source other than the Loan Parties and which source is not known by such Borrower or (k) to governmental regulatory authorities in connection with any regulatory examination of the Administrative Agent or any Lender to be subject to a confidentiality restriction or in respect thereof in favor accordance with the Administrative Agent’s or any Lender’s regulatory compliance policy if the Administrative Agent or such Lender deems necessary for the mitigation of claims by those authorities against the Administrative Agent or such Lender or any of the its subsidiaries or affiliates. For purposes of this Section, “Information” means all information received from any Credit Parties Party or any Affiliate 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 the Issuing Lender on a nonconfidential basis prior to disclosure by any Credit PartiesParty; provided that, in the case of information received from a Credit Party 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.

Treatment of Certain Information; Confidentiality. Each of the Credit Parties Administrative Agent, the Lenders and the L/C Issuers agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates, Approved Funds, Affiliates and to its and its Affiliates’ and Approved Funds’ respective partners, directors, officers, employees, agents, funding sources, attorneys, advisors and representatives 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), (b) to the extent required or requested by any regulatory authority purporting to have jurisdiction over it such Person or its Related Parties (including any self-regulatory authority, such as the National Association of Insurance Commissioners), (c) to the extent required by Requirement of applicable Laws or regulations or by any subpoena or similar legal process, provided that (in which case, the Agent Administrative Agent, such L/C Issuer or such LenderLender shall use its reasonable efforts, as applicable, agrees that it will notify to the Borrower as soon as practicable in the event of any such disclosure by such person (other than at the request of a regulatory authority) unless such notification is prohibited extent permitted by law, rule to notify the Company prior to such disclosure so that the Company may seek, at the Company’s sole expense, a protective order or regulation; other appropriate remedy), (d) to any other party hereto, (e) in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder, (f) subject to an agreement (including any electronic agreement contained in any Platform) containing provisions substantially the same as those of this SectionSection 10.07, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights or obligations under this Agreement or any Eligible Assignee invited to be an Additional Commitment Lender; a Lender pursuant to Section 2.15(c) or (ii) any actual or prospective counterparty (or its advisorsRelated Parties) to any Hedge Agreement swap or derivative transaction relating to any Loan Party Borrower and its obligations, (g) with the consent of the BorrowerCompany, (h) to any rating agency when required by it (it being understood thatin connection with rating the Borrower or its Subsidiaries and, prior in the case of information regarding the closing date, size, type, purpose of and parties to any such disclosurethe credit facilities established hereunder, to market data collectors, such rating agency shall undertake to preserve the confidentiality of any Information relating as league table or other service providers to the Loan Parties received by it from such Lender) lending industry, including, without limitation, the CUSIP Service Bureau, or (i) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section 10.07 or (iiy) becomes available to the Administrative Agent, any Credit Party Lender, any L/C Issuer or any of their respective Affiliates Affiliates, other than as a result of a breach of this Section 10.07, on a non-confidential nonconfidential basis from a source other than the Loan Parties and which source is not known by such Agent Company or Lender to be subject to a confidentiality restriction in respect thereof in favor of any of its Subsidiaries. For purposes of this Section 10.07, “Information” means all information received from the Credit Parties Company or any Affiliate Subsidiary relating to the Company or any Subsidiary or any of their respective businesses, other than (a) any such information that is available to the Administrative Agent, any Lender or any L/C Issuer on a nonconfidential basis prior to disclosure by the Company or any Subsidiary and (b) information pertaining to this Agreement of the Credit Partiestype routinely provided by arrangers to data service providers, including league table providers, that serve the lending industry. 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 the L/C Issuers acknowledges that (a) the Information may include material non-public information concerning the Company or any of its Subsidiaries or any of their respective securities, (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 applicable Law, including United States federal and state securities Laws.

Treatment of Certain Information; Confidentiality. Each of the Credit Parties Administrative Agent, the Lenders and the L/C Issuer agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) on a confidential and need-to-know basis to its Affiliates, Approved Funds, Affiliates and to its and its Affiliates’ and Approved Funds’ respective partners, directors, officers, employees, agents, funding sources, attorneys, 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), (b) to the extent requested by any regulatory authority purporting to have jurisdiction over it (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (in which case such Person, to the extent permitted by law and except where such disclosure is made in the course of routine audits or reviews by regulatory or self-regulatory authorities, shall inform the Borrower promptly) or to any Federal Reserve Bank or central bank in connection with a pledge or assignment pursuant to Section 10.06(f), (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 Requirement applicable laws (including for purposes of Laws establishing a “due diligence” defense) or regulations or by any subpoena or similar legal processprocess (in which case such Person, provided that to the Agent or such Lender, as applicable, agrees that it will notify the Borrower as soon as practicable in the event of any such disclosure by such person (other than at the request of a regulatory authority) unless such notification is prohibited extent permitted by law, rule or regulation; shall inform the Borrower promptly), (d) to any other party hereto, (e) in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder, (f) subject to an agreement (including any electronic agreement contained in any Platform) containing provisions substantially the same as those of this SectionSection 10.07, to (i) any permitted assignee of or Participant in, or any prospective permitted assignee of or Participant in, any of its rights or obligations under this Agreement or any Eligible Assignee invited to be an Additional Commitment Lender; or (ii) any actual or prospective counterparty (or its advisors) to any Hedge Agreement swap or derivative transaction relating to any Loan Party the Borrower and its obligations, (g) with the consent of the Borrower, Borrower or (h) to any rating agency when required by it (it being understood that, prior to any such disclosure, such rating agency shall undertake to preserve the confidentiality of any Information relating to the Loan Parties received by it from such Lender) or (i) to the extent such Information (i) becomes publicly available other than as a result of a breach of this Section or Section, (ii) becomes available to the Administrative Agent, any Credit Party Lender, the L/C Issuer or any of their respective Affiliates on a non-confidential basis that to its knowledge is nonconfidential from a source other than the Loan Parties and which source Borrower or (iii) is not known independently developed by such Person. In addition, the Administrative Agent or Lender and the Lenders may disclose the existence of this Agreement and information about this Agreement to be subject market data collectors, similar service providers to a confidentiality restriction the lending industry and service providers to the Agents and the Lenders in respect thereof connection with the administration of this Agreement, the other Loan Documents and the Commitments; provided that such disclosure shall in favor no event include information beyond the scope of any information publicly filed with the SEC without the consent of the Credit Parties or any Affiliate of the Credit PartiesBorrower.

Treatment of Certain Information; Confidentiality. Each of the Credit Parties Administrative Agent, the Lenders and the LC Issuer agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates, Approved Funds, Affiliates and to its and its Affiliates’ and Approved Funds’ respective partners, directors, officers, trustees, employees, agents, funding sources, attorneys, 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)representatives, (b) to the extent requested by any regulatory authority purporting to have jurisdiction over it (including any self-regulatory authority, such as the National Association of Insurance Commissioners), (c) to the extent required by Requirement of Laws applicable laws or regulations or by any subpoena or similar legal process, ; provided that the Administrative Agent or such Lender, as applicableunless prohibited by any Law, agrees that it will shall use reasonable efforts to notify the Borrower as soon as practicable Borrowers in the event advance of any disclosure pursuant to this clause (c) but only to the extent 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 disclosure by such person (other than at the request of a regulatory authority) unless such notification is prohibited by lawnotice, rule or regulation; (d) to any other party hereto, (e) in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder, (f) subject to an agreement (including any electronic agreement contained in any Platform) containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights or obligations under this Agreement or any Eligible Assignee invited to be an Additional Commitment Lender; or (ii) any actual or prospective counterparty (or its advisors) to any Hedge Swap Agreement relating to with any Loan Party and its obligationsBorrower or any Subsidiary, (g) with the consent of the Borrower, Borrowers or (h) to any rating agency when required by it (it being understood that, prior to any such disclosure, such rating agency shall undertake to preserve the confidentiality of any Information relating to the Loan Parties received by it from such Lender) or (i) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section or (iiy) becomes available to the Administrative Agent, any Credit Party Lender, the LC Issuer or any of their respective Affiliates on a non-confidential nonconfidential basis from a source other than the Loan Parties and which source is not known by such Agent or Lender to be subject to a confidentiality restriction in respect thereof in favor of any of the Credit Parties or any Affiliate of the Credit PartiesBorrowers.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Revolving Credit Parties Lenders and the L/C Issuers agrees to maintain the confidentiality of the Information (as defined below)) with the same degree of care that it uses to protect its own confidential information and to not use the Information for any purpose except in connection with the Loan Documents and the transactions contemplated hereby, except that Information may be disclosed disclosed: (ai) to its Affiliates, Approved Funds, Affiliates and to its it and its Affiliates’ and Approved Funds’ respective partners, directors, officers, employees, agents, funding sources, attorneystrustees, advisors and representatives who have a need to know such information to facilitate the exercise of the rights granted and the fulfillment of the obligations imposed by the Loan Documents (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential), ; (bii) to the extent requested by any regulatory authority purporting to have jurisdiction over it (including any self-regulatory authority, such as the National Association of Insurance Commissioners), ; (ciii) to the extent required by Requirement of applicable Laws or regulations or by any subpoena or similar legal process, provided that the Agent or such Lender, as applicable, agrees that it will notify the Borrower as soon as practicable in the event of any such disclosure by such person (other than at the request of a regulatory authority) unless such notification is prohibited by law, rule or regulation; (div) to any other party hereto, ; (ev) in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder, (fvi) subject to an agreement (including any electronic agreement contained in any Platform) containing provisions substantially the same as those of this Section, to (iA) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights or obligations under this Agreement or any Eligible Assignee invited to be an Additional Commitment Lender; a Revolving Credit Lender pursuant to Section 2.13(c), or (iiB) any actual or prospective counterparty (or its advisors) to any Hedge Agreement swap or derivative transaction relating to any Loan Party Borrower and its obligations, (gvii) with the consent of the Borrower, (h) to any rating agency when required by it (it being understood that, prior to any such disclosure, such rating agency shall undertake to preserve the confidentiality of any Information relating to the Loan Parties received by it from such Lender) Borrower Representative or (iviii) to the extent such Information (iA) becomes publicly available other than as a result of a breach of this Section or (iiB) becomes available to the Administrative Agent, any Revolving Credit Party Lender, any L/C Issuer or any of their respective Affiliates on a non-confidential nonconfidential basis from a source other than the Loan Parties and which source is not known by such Agent or Lender to be subject to a confidentiality restriction in respect thereof in favor of any of the Credit Parties or any Affiliate of the Credit PartiesBorrower.

Treatment of Certain Information; Confidentiality. Each of the Credit Parties Agent, L/C Issuer, Swing Line Lender and Lender agrees to maintain maintain, and to cause its Affiliates (including any Related Parties) to maintain, the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates, Approved Funds, Affiliates and to its and its Affiliates’ and Approved Funds’ respective partners, directors, officers, employees, agents, funding sources, attorneys, 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), ; (b) to the extent requested by any regulatory authority purporting to have jurisdiction over it (including any self-regulatory authority, such as the National Association of Insurance Commissioners), ; (c) to the extent required by Requirement of Laws applicable laws or regulations or by any subpoena or similar legal process, provided that the Agent or such Lender, as applicable, agrees that it will notify the Borrower as soon as practicable in the event of any such disclosure by such person (other than at the request of a regulatory authority) unless such notification is prohibited by law, rule or regulation; (d) to any other party hereto, ; (e) to the extent reasonably required, in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder, ; (f) subject to an agreement (including any electronic agreement contained in any Platform) containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights or obligations under this Agreement or any Eligible Assignee invited to be an Additional Commitment Lender; Agreement, or (ii) any actual or prospective counterparty (or its advisors) to any Hedge Agreement swap or derivative transaction relating to any obligations of the Loan Party and its obligations, Parties under the Loan Documents; (g) with the consent of the Borrower, Company; or (h) to any rating agency when required by it (it being understood that, prior to any such disclosure, such rating agency shall undertake to preserve the confidentiality of any Information relating to the Loan Parties received by it from such Lender) or (i) to the extent such Information (i) becomes publicly available other than as a result of a breach of this Section or (ii) becomes available to the Agent, the L/C Issuer, any Credit Party Swing Line Lender, any Lender or any of their respective Affiliates on a non-confidential nonconfidential basis from a source other than the Company; provided, however, that to the extent permitted by applicable law or regulation, the Agent, the L/C Issuer and the Lenders (including the Swing Line Lenders) agree to notify the Company prior to (if reasonably practicable) or concurrently with its disclosure of such information to any third party pursuant to clauses (b) (other than in the case of routine bank examinations), (c) and (f). In addition, the Administrative Agent and the Lenders may disclose the existence of this Agreement and public information about this Agreement to market data collectors, similar service providers to the lending industry, and service providers to the Administrative Agent and the Lenders in connection with the administration and management of this Agreement, the other Loan Parties Documents, the Commitments, and which source the Credit Extensions. For the purposes of this Section, “Information” means all information received from any Loan Party relating to any Loan Party or its business, other than any such information that is not known available to the Agent, the L/C Issuer, any Swing Line Lender or any Lender or any of their respective Affiliates on a nonconfidential basis prior to disclosure by such Agent or Lender to be subject to a confidentiality restriction any Loan Party; provided that, in respect thereof in favor the case of any information received from a Loan Party after the date hereof (other than in connection with Section 6.03, all of which is acknowledged to constitute “Information” regardless of any marking as confidential), 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. The Agent, the L/C Issuer and each of the Credit Parties Lenders (including the Swing Line Lenders) acknowledges that (a) the Information may include material non-public information concerning the Borrowers or any Affiliate a Subsidiary, as the case may be, (b) it has developed compliance procedures regarding the use of the Credit Partiesmaterial non-public information and (c) it will handle such material non-public information in accordance with applicable Law, including United States federal and state securities Laws.

Treatment of Certain Information; Confidentiality. Each of the Credit Parties Agents, Lenders and L/C Issuers agrees to maintain the confidentiality of the Information (as defined below)Information, except that Information may be disclosed (a) to its Affiliates, Approved Funds, Affiliates and to its and its Affiliates’ and Approved Funds’ respective partners, directors, officers, employees, agents, funding sources, attorneystrustees, 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 each of the 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 requested by any regulatory authority purporting to have jurisdiction over it (including any self-regulatory authority, such as the National Association of Insurance Commissioners); provided that, except with respect to any audit or examination conducted by bank or other applicable financial accountants or any governmental bank or other applicable financial authority exercising examination or regulatory approval, each of the Agents, Lenders and L/C Issuer shall inform the Borrower promptly thereof prior to such disclosure, (c) to the extent required by Requirement of Laws applicable laws or regulations or by any subpoena or similar legal process; provided that, provided that except with respect to any audit or examination conducted by bank or other applicable financial accountants or any governmental bank or other applicable financial authority exercising examination or regulatory approval, each of the Agent or such LenderAgents, as applicable, agrees that it will notify Lenders and L/C Issuer shall inform the Borrower as soon as practicable in the event of any promptly thereof prior to such disclosure by such person (other than at the request of a regulatory authority) unless such notification is prohibited by lawdisclosure, rule or regulation; (d) to any other party hereto, (e) in connection with the exercise of any remedies hereunder or under any other Loan Credit Document or any action or proceeding relating to this Agreement or any other Loan Credit Document or the enforcement of rights hereunder or thereunder, (f) subject to an agreement (including any electronic agreement contained in any Platform) containing provisions substantially the same as those of this SectionSection 11.07, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights or obligations under this Agreement or any Eligible Assignee invited to be an Additional Commitment Lender; or (ii) any actual or prospective counterparty (or its advisors) to any Hedge Agreement swap or derivative transaction relating to any Loan Party the Borrower and its obligations, (g) subject to each such Person being informed of the confidential nature of the Information and to their agreement to keep such Information confidential, to (i) an investor or prospective investor in securities issued by an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such securities issued by the Approved Fund, (ii) a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in securities issued by an Approved Fund in connection with the administration, servicing and 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 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 Borrower, (h) to any rating agency when required by it (it being understood that, prior to any such disclosure, such rating agency shall undertake to preserve the confidentiality of any Information relating to the Loan Parties received by it from such Lender) Borrower or (i) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section 11.07 or (iiy) becomes available to any Credit Party Agent, Lender, L/C Issuer or any of their respective Affiliates on a non-confidential basis from a source other than the Loan Parties and which source is not known by such Agent Borrower or Lender to be subject to a confidentiality restriction in respect thereof in favor of any of its Affiliates; provided that no disclosure shall be made to any Disqualified Institution. In addition, the Administrative Agent and the Lenders may disclose the existence of this Agreement and information about this Agreement to market data collectors, similar service providers to the lending industry and service providers to the Lead Arrangers, Agents and the Lenders in connection with the administration of this Agreement, the other Credit Parties or any Affiliate of Documents, the Credit PartiesLoans and the Commitments.

Treatment of Certain Information; Confidentiality. Each of the Credit Parties Administrative Agent and the Lenders agrees to maintain the confidentiality of of, and not disclose to any Person, the Information (as defined below), except that Information may be disclosed (a) to its Affiliates, Approved Funds, Affiliates and to its and its Affiliates’ and Approved Funds’ respective partners, directors, officers, employees, agents, funding sources, attorneys, advisors and representatives Related Parties 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 are subject to keep such customary confidentiality obligations of professional practice or agree to treat the Information as confidential), (b) to the extent required or requested by any regulatory authority purporting to have jurisdiction over it such Person or its Related Parties (including any self-regulatory authority, such as the National Association of Insurance Commissioners), in which case such Person shall use commercially reasonable efforts to, except with respect to any audit or examination conducted by bank accountants or any governmental regulatory authority exercising examination or regulatory authority, promptly notify the Borrower, to the extent practicable and lawfully permitted to do so, (c) to the extent required by Requirement of Laws applicable laws or regulations or by any subpoena or similar legal process, provided that the Agent in which case such Person shall use commercially reasonable efforts to, except with respect to any audit or such Lenderexamination conducted by bank accountants or any governmental regulatory authority exercising examination or regulatory authority, as applicable, agrees that it will promptly notify the Borrower as soon as Borrower, to the extent practicable in the event of any such disclosure by such person (other than at the request of a regulatory authority) unless such notification is prohibited by lawand lawfully permitted to do so, rule or regulation; (d) to any other party hereto, (e) in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder, (f) subject to an agreement (including any electronic agreement contained in any Platform) containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights or and obligations under this Agreement or any Eligible Assignee invited to be an Additional Commitment Lender; a Lender pursuant to Section 2.13 or (ii) any actual or prospective counterparty party (or its advisorsRelated Parties) to any Hedge Agreement relating swap, derivative or other transaction under which payments are to any Loan Party be made by reference to the Borrower and its obligations, this Agreement or payments hereunder, (g) on a confidential basis to 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 facilities provided hereunder, (h) with the consent of the Borrower, (h) to any rating agency when required by it (it being understood that, prior to any such disclosure, such rating agency shall undertake to preserve the confidentiality of any Information relating to the Loan Parties received by it from such Lender) Borrower or (i) to the extent such Information (i) becomes publicly available other than as a result of a breach of this Section or (ii) becomes available to the Administrative Agent, any Credit Party Lender or any of their respective Affiliates on a non-confidential nonconfidential basis from a source other than the Loan Parties and which source Borrower that is not known by not, to such Agent Person’s knowledge, in breach of contractual or Lender fiduciary confidentiality obligations owing to be subject to a confidentiality restriction in respect thereof in favor of the Borrower or any of the Credit Parties or any Affiliate of the Credit Partiesits Subsidiaries.

Treatment of Certain Information; Confidentiality. Each of the Credit Parties Administrative Agent, the Lenders and the Issuing Bank agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (in each case, other than to a Disqualified Institution) (a) to its Affiliates, Approved Funds, Affiliates and to its and its Affiliates’ and Approved Funds’ respective partners, directors, officers, employees, agents, funding sourcesadvisors, attorneysnumbering, advisors administration and settlement services provider and other 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), (b) to the extent requested by any Governmental Authority or regulatory authority purporting to have jurisdiction over it (including any self-regulatory authority, such as the National Association of Insurance Commissioners), (c) to the extent compelled by legal process in, or reasonably necessary to, the defense of such legal, judicial or administrative proceeding, in any legal, judicial or administrative proceeding or otherwise as required by Requirement applicable Requirements of Laws or regulations or by any subpoena or similar legal processLaw, provided that the Agent or such Lender, as applicable, agrees that it will notify the Borrower as soon as practicable in the event of any such disclosure by such person (other than at the request of a regulatory authority) unless such notification is prohibited by law, rule or regulation; (d) to any other party hereto, (e) in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder, but only to the extent required in connection with such exercise or enforcement, (f) subject to an agreement (including any electronic agreement contained in any Platform) containing provisions substantially the same as those of this SectionSection 10.12, to (i) any assignee of or Participant in, or any prospective assignee of or Participant (except, in each case, for the avoidance of doubt, for any Disqualified Institution) in, any of its rights or obligations under this Agreement and in connection with any pledge or any Eligible Assignee invited assignment made pursuant to be an Additional Commitment Lender; or Section 10.04(f), (ii) any actual or prospective counterparty (or its advisors) to any Hedge Agreement swap or derivative transaction relating to any Loan Party the Borrower and its obligationsobligations or (iii) any rating agency for the purpose of obtaining a credit rating applicable to any Credit Party or to the credit facilities hereunder, (g) with the prior consent of the Borrower, Borrower or (h) to any rating agency when required by it (it being understood that, prior to any such disclosure, such rating agency shall undertake to preserve the confidentiality of any Information relating to the Loan Parties received by it from such Lender) or (i) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section or (iiy) becomes available to the Administrative Agent, any Credit Party Lender, the Issuing Bank or any of their respective Affiliates on a non-confidential nonconfidential basis from a source other than the Loan Parties Borrower; provided that with respect to clauses (b) and which source (c) above, if the Administrative Agent, any Lender or the Issuing Bank receives a subpoena, interrogatory or other request (verbal or otherwise) for any Information, or believes that it is not known by such Agent or Lender legally required to be subject to a confidentiality restriction in respect thereof in favor of disclose any of the Information to a third party, it shall, in advance of such disclosure, to the extent legally permissible and unless such disclosure is made to regulatory or self-regulatory authorities in the course of routine audits and reviews, promptly provide to the Borrower written notice of any such request or requirement so that the Borrower or the applicable Credit Parties Party (or Subsidiary thereof) may seek a protective order or other remedy. For purposes of this Section, “Information” means all information received from Holdings or any Affiliate of its Subsidiaries relating to Holdings or any of its Subsidiaries or any of their respective businesses. Except with respect to disclosing any Information to any Disqualified Institution, any person required to maintain the Credit Partiesconfidentiality 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.

Treatment of Certain Information; Confidentiality. Each of the Credit Parties Agents, the L/C Issuer and Lenders agrees to maintain maintain, and to cause its Affiliates (including any Related Parties) to maintain, the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates, Approved Funds, Affiliates and to its and its Affiliates’ and Approved Funds’ respective partners, directors, officers, employees, agents, funding sources, attorneys, 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), ; (b) to the extent requested by any regulatory authority purporting to have jurisdiction over it (including any self-regulatory authority, such as the National Association of Insurance Commissioners), ; (c) to the extent required by Requirement of Laws applicable laws or regulations or by any subpoena or similar legal process, provided that the Agent or such Lender, as applicable, agrees that it will notify the Borrower as soon as practicable in the event of any such disclosure by such person (other than at the request of a regulatory authority) unless such notification is prohibited by law, rule or regulation; (d) to any other party hereto, ; (e) to the extent reasonably required, in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder, ; (f) subject to an agreement (including any electronic agreement contained in any Platform) containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights or obligations under this Agreement or any Eligible Assignee invited to be an Additional Commitment Lender; Agreement, or (ii) any actual or prospective counterparty (or its advisors) to any Hedge Agreement swap or derivative transaction relating to any obligations of the Loan Party and its obligations, Parties under the Loan Documents; (g) with the consent of the Borrower, Company; or (h) to any rating agency when required by it (it being understood that, prior to any such disclosure, such rating agency shall undertake to preserve the confidentiality of any Information relating to the Loan Parties received by it from such Lender) or (i) to the extent such Information (i) becomes publicly available other than as a result of a breach of this Section or (ii) becomes available to any Credit Party Agent, the L/C Issuer, any Lender or any of their respective Affiliates on a non-confidential nonconfidential basis from a source other than the Company; provided, however, that to the extent permitted by applicable law or regulation, each of the Agents and Lenders agrees to notify the Company prior to (if reasonably practicable) or concurrently with its disclosure of such information to any third party pursuant to clauses (b), (c) and (f). In addition, the Administrative Agent and the Lenders may disclose the existence of this Agreement and public information about this Agreement to market data collectors, similar service providers to the lending industry, and service providers to the Administrative Agent and the Lenders in connection with the administration and management of this Agreement, the other Loan Parties Documents, the Commitments, and which source the Credit Extensions. For the purposes of this Section, “Information” means all information received from any Loan Party relating to any Loan Party or its business, other than any such information that is not known available to any Agent, the L/C Issuer, or any Lender or any of their respective Affiliates on a nonconfidential basis prior to disclosure by such Agent or Lender to be subject to a confidentiality restriction any Loan Party; provided that, in respect thereof in favor the case of any information received from a Loan Party after the date hereof (other than in connection with Section 6.03, all of which is acknowledged to constitute “Information” regardless of any marking as confidential), 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 the Credit Parties or any Affiliate Agents and each of the Credit PartiesLenders acknowledges that (a) the Information may include material non-public information concerning the Borrowers 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 applicable Law, including United States federal and state securities Laws.

Treatment of Certain Information; Confidentiality. Each of the Credit Parties Administrative Agent and each Lender agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates, Approved Funds, Affiliates and to its and its Affiliates’ and Approved Funds’ respective partners, directors, officers, employees, agents, funding sources, attorneys, advisors and representatives Related Parties having a need to know such information in connection with the transactions contemplated by 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), ; (b) to the extent required or requested by any regulatory authority purporting to have jurisdiction over it such Person or its Related Parties (including any self-regulatory authority, such as the National Association of Insurance Commissioners), in which case such Person agrees, except with respect to any audit or examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulator authority, to the extent practicable and not prohibited by applicable law, to inform the Borrower promptly thereof; (c) to the extent required by Requirement of Laws applicable laws or regulations or by any subpoena or similar legal process, provided that upon the Agent request or demand of any Governmental Authority, in response to any order of any court or other Governmental Authority or as may otherwise be required pursuant to any Requirement of Law or if requested or required to do so in connection with any litigation or similar proceeding (in which case such LenderPerson agrees, as applicableto the extent practicable and not prohibited by applicable laws, agrees that it will notify regulations, subpoena or legal process, to inform the Borrower as soon as practicable in the event of any such disclosure by such person (other than at the request of a regulatory authority) unless such notification is prohibited by law, rule or regulationpromptly thereof); (d) to any other party hereto, ; (e) in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder, ; (f) subject to an agreement (including any electronic agreement contained in any Platform) enforceable by the Borrower containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights or and obligations under this Agreement or any Eligible Assignee invited to be an Additional Commitment Lender; Agreement, or (ii) any actual or prospective counterparty party (or its advisorsRelated Parties) to any Hedge Agreement relating swap, derivative or other transaction under which payments are to any Loan Party be made by reference to the Borrower and its obligations, this Agreement or payments hereunder; (g) on a confidential basis to (i) any rating agency in connection with rating the Borrower or its Subsidiaries or the Facilities or (ii) the CUSIP Service Bureau or any similar agency in connection with the issuance and monitoring of CUSIP numbers with respect to the Facilities; (h) with the consent of the Borrower, (h) to any rating agency when required by it (it being understood that, prior to any such disclosure, such rating agency shall undertake to preserve the confidentiality of any Information relating to the Loan Parties received by it from such Lender) ; or (i) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section Section, or (iiy) becomes available to the Administrative Agent, any Credit Party Lender or any of their respective Affiliates on a non-confidential basis from a source other than the Loan Parties Borrower. Notwithstanding anything herein to the contrary, any party to this Agreement (and which source any employee, representative, or other agent of any party to this 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 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 not known by such Agent or Lender required to be subject kept confidential to a confidentiality restriction in respect thereof in favor of the extent necessary to comply with any of the Credit Parties applicable federal or any Affiliate of the Credit Partiesstate securities laws.

Treatment of Certain Information; Confidentiality. Each of Agent, Lenders and the Credit Parties L/C Issuer agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates, Approved Funds, Affiliates and to its and its Affiliates’ and Approved Funds’ respective partners, directors, officers, employees, agents, funding sources, attorneys, 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 confidentialconfidential and that the party disclosing Information to such Person shall remain liable for any direct damages arising out of any such unauthorized disclosure by any such Person), (b) to the extent requested by any regulatory authority authority, purporting to have jurisdiction over it (including any self-regulatory authority, such as the National Association of Insurance Commissioners), (c) to the extent required by Requirement of Laws applicable laws or regulations or by any subpoena or similar legal process, provided that process (after prior notice to Borrower to the Agent or such Lender, as applicable, agrees that it will notify the Borrower as soon as extent reasonably practicable in the event of any such disclosure by such person (other than at the request of a regulatory authority) unless such notification is and not prohibited by applicable law), rule or regulation; (d) to any other party hereto, (e) in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder, (f) subject to an agreement (including any electronic agreement contained in any Platform) containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights or obligations under this Agreement or any Eligible Assignee invited to be an Additional Commitment Lender; or (ii) any actual or prospective counterparty (or its advisors) to any Hedge Agreement swap or derivative transaction relating to any Loan Party Borrower and its obligations, (g) with the consent of the Borrower, Borrower or (h) to any rating agency when required by it (it being understood that, prior to any such disclosure, such rating agency shall undertake to preserve the confidentiality of any Information relating to the Loan Parties received by it from such Lender) or (i) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section or (iiy) becomes available to Agent, any Credit Party Lender, the L/C Issuer or any of their respective Affiliates on a non-confidential nonconfidential basis from a source other than the Loan Parties and which source is not known by such Agent Borrower. For purposes of this Section, “Information” means all information received from Borrower or Lender any Subsidiary relating to be subject to a confidentiality restriction in respect thereof in favor of Borrower or any Subsidiary or any of their respective businesses, other than any such information that is available to Agent, any Lender or the Credit Parties L/C Issuer on a nonconfidential basis prior to disclosure by Borrower or any Affiliate 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 reasonable care to maintain the Credit Partiesconfidentiality of such Information. Each of Agent, the Lenders and the L/C Issuer acknowledges that (a) the Information may include material non-public information concerning 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 applicable Law, including applicable Federal and state securities Laws.

Treatment of Certain Information; Confidentiality. Each of the Credit Parties Agents, the Lenders and the Issuing Bank agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates, Approved Funds, Affiliates and to its and its Affiliates’ and Approved Funds’ respective partners, directors, officers, employees, agents, funding sourcesadvisors, attorneys, advisors trustees and other 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), (b) to the extent requested by any Governmental Authority or regulatory authority purporting to have jurisdiction over it (including any self-regulatory authority, such as the National Association of Insurance Commissioners), (c) to the extent required by Requirement applicable Requirements of Laws or regulations Law or by any subpoena or similar legal processprocess (provided, provided that unless prohibited by applicable law in the Agent opinion of its counsel or court order, such LenderAgent, Lender or Issuing Bank, as applicable, agrees that it will shall make reasonable efforts to notify the Borrower as soon as practicable in the event of any such disclosure by such person (other than at the request of a regulatory authority) unless such notification is prohibited by lawrequirement or subpoena), rule or regulation; (d) to any other party hereto, (e) in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder, (f) subject to an this Section 10.12 or a written agreement (including any electronic agreement contained in any Platform) containing provisions substantially the same as those of this SectionSection 10.12 or a written confirmation of the same, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights or obligations under this Agreement or any Eligible Assignee invited to be an Additional Commitment Lender; or Agreement, (ii) any actual or prospective counterparty (or its advisors) to any Hedge Agreement swap or derivative transaction relating to any Loan Party Borrower and its obligations, obligations or (iii) any rating agency for the purpose of obtaining a credit rating applicable to any Lender or (g) with the written consent of Borrower. For purposes of this Section, “Information” means all information concerning Holdings or any of its Subsidiaries or any of its direct or indirect shareholders, or any of their respective employees, directors or Affiliates (including, without limitation, the BorrowerPermitted Holders) received by any Agent, (h) the Issuing Bank or any Lender on a confidential basis from Borrower or any other person under or pursuant to this Agreement or any rating agency when required other Loan Document, including, without limitation, financial terms and financial and organizational information contained in any documents, statements, certificates, materials or information furnished, or to be furnished, by it (it being understood thator on behalf of Borrower or any other person on a confidential basis in connection with this Agreement and the Loan Documents, prior to but does not include any such disclosure, such rating agency shall undertake to preserve the confidentiality of any Information relating to the Loan Parties received by it from such Lender) or information that (i) to is publicly available at the extent such Information (i) time of disclosure or becomes publicly available other than as a result of a breach of this Section 10.12 or (ii) was acquired or becomes available to any Credit Party Agent, the Issuing Bank or any of their respective Affiliates Lender on a non-confidential nonconfidential basis from a source other than the Loan Parties and which source is not known by such Agent Borrower or Lender to be subject to a confidentiality restriction in respect thereof in favor of any of the Credit Parties its direct or indirect shareholders, or any Affiliate of their respective employees, directors, Subsidiaries or Affiliates (including, without limitation, the Credit PartiesPermitted Holders) or any of their respective agents or representatives. 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.

Treatment of Certain Information; Confidentiality. Each of the Credit Parties Administrative Agent, the Lenders and the L/C Issuers agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates, Approved Funds, Affiliates and to its and its Affiliates’ and Approved Funds’ respective partners, directors, officers, employees, agents, funding sources, attorneystrustees, advisors and 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), (b) to the extent required or requested by any regulatory authority purporting to have jurisdiction over it such Person or its Affiliates (including any self-regulatory authority, such as the National Association of Insurance Commissioners), (c) to the extent required by Requirement of Laws applicable laws or regulations or by any subpoena or similar legal process, provided that the Agent or such Lender, as applicable, agrees that it will notify the Borrower as soon as practicable in the event of any such disclosure by such person (other than at the request of a regulatory authority) unless such notification is prohibited by law, rule or regulation; (d) to any other party hereto, (e) in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder, (f) subject to an agreement (including any electronic agreement contained in any Platform) containing provisions substantially the same as those of this SectionSection and which gives the Borrower the right to enforce such confidentiality provisions, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights or obligations under this Agreement or any Eligible Assignee invited to be an Additional Commitment Lender; a Lender pursuant to Section 2.14(b) or 2.17(d) or (ii) any actual or prospective counterparty (or its advisors) to any Hedge Agreement swap or derivative transaction relating to any Loan Party the Borrower and its obligations, (g) on a confidential basis to (i) any rating agency in connection with rating the Borrower or its Subsidiaries or the 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 facilities provided hereunder, (h) with the consent of the Borrower, (h) to any rating agency when required by it (it being understood that, prior to any such disclosure, such rating agency shall undertake to preserve the confidentiality of any Information relating to the Loan Parties received by it from such Lender) Borrower or (i) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section or (iiy) becomes available to the Administrative Agent, any Credit Party Lender, the L/C Issuer or any of their respective Affiliates on a non-confidential basis from a source other than the Loan Parties and which source is not known by such Agent Borrower or Lender to be subject to a confidentiality restriction in respect thereof in favor of any of its Subsidiaries. In addition, the Credit Parties or any Affiliate Administrative Agent and the Lenders may disclose the existence of this Agreement and information about this Agreement to market data collectors, similar service providers to the Credit Partieslending industry and service providers to the Administrative Agent and the Lenders in connection with the administration of this Agreement, the other Loan Documents and the Commitments.

Treatment of Certain Information; Confidentiality. Each of the Credit Parties Administrative Agent, the Lenders and the Issuing Xxxxxxx agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates, Approved Funds, Affiliates and to its and its Affiliates’ and Approved Funds’ respective partners, directors, officers, employees, agents, funding sources, attorneys, advisors and representatives Related Parties solely in connection with the transactions contemplated by 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), (b) to the extent required or requested by by, or required to be disclosed to, any regulatory or similar authority purporting to have jurisdiction over it 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, the Lender or the Issuing Lender, as applicable, shall use commercially reasonable efforts to, except with respect to any audit or examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrower, in advance, to the extent practicable and otherwise permitted by Applicable Law), (c) as to the extent required by Requirement of Applicable Laws or regulations or by in any subpoena legal, judicial, administrative proceeding or similar legal processother compulsory process (in which case, provided that the Agent Administrative Agent, the Lender or such the Issuing Lender, as applicable, agrees that it will shall use commercially reasonable efforts to, except with respect to any audit or examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrower as soon as Borrower, in advance, to the extent practicable in the event of any such disclosure and otherwise permitted by such person (other than at the request of a regulatory authority) unless such notification is prohibited by lawApplicable Law), rule or regulation; (d) to any other party hereto, (e) 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 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 (including any electronic agreement contained in any Platform) containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights or and obligations under this Agreement or any Eligible Assignee invited to be an Additional Commitment Lender; or (ii) any actual or prospective counterparty (or its advisors) to any Hedge Agreement relating to any Loan Party and its obligations, (g) with the consent of the Borrower, (h) to any rating agency when required by it (it being understood that, prior to any such disclosure, such rating agency shall undertake to preserve the confidentiality of any Information relating to the Loan Parties received by it from such Lender) or (i) to the extent such Information (i) becomes publicly available other than as a result of a breach of this Section or (ii) becomes available to any Credit Party or any of their respective Affiliates on a non-confidential basis from a source other than the Loan Parties and which source is not known by such Agent or Lender to be subject to a confidentiality restriction in respect thereof in favor of any of the Credit Parties or any Affiliate of the Credit Parties.or

Treatment of Certain Information; Confidentiality. Each of the Credit Agents and the Lender Parties agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates, Approved Funds, Affiliates and to its and its Affiliates’ and Approved Funds’ respective partners, directors, officers, employees, agents, funding sourcesadvisors, attorneysmanaging members or managers, advisors counsel, accountants and other representatives (collectively, “Representatives”) solely 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), (b) to the extent requested by any Governmental Authority or regulatory authority purporting to have jurisdiction over it (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (in which case, the Administrative Agent or such Lender Party, as applicable, shall use reasonable efforts to notify MKS prior to such disclosure to the extent practicable and legally permitted to do so), (c) to the extent required by Requirement of applicable Laws or regulations or by any subpoena or similar legal process, provided that the Agent or such Lender, as applicable, agrees that it will notify the Borrower as soon as practicable in the event of any such disclosure by such person (other than at the request of a regulatory authority) unless such notification is prohibited by law, rule or regulation; (d) to any other party hereto, (e) in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this 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 (including any electronic agreement contained in any Platform) containing provisions substantially the same as those of this SectionSection 10.07, to (ix) any assignee of or Participant inin (or their Representatives, it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential), or any prospective assignee of or Participant inin (or their Representatives, it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential) any of its rights or obligations under this Agreement or any Eligible Assignee invited to be an Additional Commitment Lender; or (iiy) any actual or prospective counterparty (or its advisorsRepresentatives, it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential) to any Hedge Agreement swap or derivative transaction relating to any Loan Party Borrower and its obligations, (gh) with the consent of the BorrowerMKS, (h) to any rating agency when required by it (it being understood that, prior to any such disclosure, such rating agency shall undertake to preserve the confidentiality of any Information relating to the Loan Parties received by it from such Lender) or (i) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section and not in breach of any agreement binding on any Person (to the knowledge of such Person) or (iiy) becomes available to the Administrative Agent, any Credit Lender Party or any of their respective Affiliates on a non-confidential basis from a source other than any Borrower or (j) to market data collectors, similar services providers to the lending industry, loan syndication and pricing reporting services or in their marketing or promotional materials, with such information to consist of deal terms customarily found in such publications or marketing or promotional materials and may otherwise use the name, logos, and other insignia of any Borrower or the other Loan Parties and which source the Commitments provided hereunder in any “tombstone”, on its website or in other marketing materials of the Agents. For purposes of this Section, “Information” means all information received from or on behalf of MKS or any of its Subsidiaries relating to MKS or any of its Subsidiaries or any of their respective businesses or Affiliates, other than any such information that is not known by such available to the Administrative Agent or any Lender Party on a non-confidential basis prior to be subject to a confidentiality restriction in respect thereof in favor of disclosure by MKS or any of its Subsidiaries. Any Person required to maintain the Credit Parties or any Affiliate 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 Credit Partiessame degree of care to maintain the confidentiality of such Information as such Person would accord to its own confidential information.

Treatment of Certain Information; Confidentiality. Each of the Credit Parties Administrative Agent, the Collateral Agent, the Lenders and the L/C Issuers agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates, Approved Funds, Affiliates and to its and its Affiliates’ and Approved Funds’ respective partners, directors, officers, employees, agents, funding sourcestrustees, attorneysadvisors, advisors representatives, legal counsel, independent auditors and representatives other experts (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), (b) to the extent requested or demanded by any regulatory authority purporting to have jurisdiction over it or any of the Agents, Lenders or L/C Issuer and their respective Affiliates (including any self-regulatory authority, such as the National Association of Insurance Commissioners) or in connection with any pledges permitted pursuant to Section 10.06(f), (c) to the extent required by Requirement of applicable Laws or regulations or by any subpoena compulsory legal process (including any pending legal or similar legal processadministrative proceeding), provided that the Agent or such Lender, as applicable, agrees that it will notify the Borrower as soon as practicable in the event of any such disclosure by such person (other than at the request of a regulatory authority) unless such notification is prohibited by law, rule or regulation; (d) to any Agent, Lender, L/C Issuer or any other party hereto, (e) in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder, (f) subject to an agreement (including any electronic agreement contained in any Platform) containing provisions substantially the same as those of this Section, to (i) any assignee of of, pledgee of, or Participant in, or any prospective assignee of of, pledgee of, or Participant in, any of its rights or obligations under this Agreement or any Eligible Assignee invited to be an Additional Commitment Lender; or (ii) any actual or prospective counterparty (or its advisors) to any Hedge Agreement Swap Contract under which payments are to be made by reference to, or relating to to, the Borrower or any Loan Party and its or their obligations, (g) (i) any ratings agency in connection with rating the Borrower or its Subsidiaries or the 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 facilities provided hereunder, (h) with the consent of the Borrower, (h) to any rating agency when required by it (it being understood that, prior to any such disclosure, such rating agency shall undertake to preserve the confidentiality of any Information relating to the Loan Parties received by it from such Lender) or (i) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section or Section, (iiy) becomes available to the Administrative Agent, any Credit Party other Agent, any Lender, any L/C Issuer or any of their respective Affiliates on a non-confidential nonconfidential basis from a source other than the Loan Parties and which source Borrower, any Subsidiary, an MLP or any Subsidiary of an MLP or (z) is not known independently developed by such Agent the Administrative Agent, any other Agent, the L/C Issuer, any Lender or Lender to be subject to a confidentiality restriction in respect thereof in favor of any of their respective Affiliates, or (j) for purposes of establishing a “due diligence” defense. In addition, the Credit Parties or any Affiliate Administrative Agent and the Lenders may disclose the existence of this Agreement and information about this Agreement to market data collectors, similar service providers to the Credit Partieslending industry and service providers to the Agents and the Lenders in connection with the administration of this Agreement, the other Loan Documents, and the Commitments.

Treatment of Certain Information; Confidentiality. Each of the Credit Parties agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) Each Loan Party acknowledges that (i) services may be offered or provided to its Affiliates, Approved Funds, it (in connection with this Agreement or otherwise) by each Lender or by one or more Subsidiaries or Affiliates of such Lender and (ii) information delivered to its each Lender by such Loan Party and its Affiliates’ Subsidiaries may be provided to each such Subsidiary and Approved Funds’ respective partnersAffiliate, it being understood that any such Subsidiary or Affiliate receiving such information shall be bound by the provisions of clause (b) below as if it were a Lender hereunder. (b) Each Lender and the Agent agrees (on behalf of itself and each of its affiliates, directors, officers, employees, agents, funding sources, attorneys, advisors employees and representatives (it being understood that the Persons representatives) to whom such disclosure is made will be informed of the confidential nature of such Information and instructed use reasonable precautions to keep confidential, in accordance with their customary procedures for handling confidential information of this nature and in accordance with safe and sound banking practices, any non-public information supplied to it by either Loan Party pursuant to this Agreement, provided that nothing herein shall limit the disclosure of any such Information confidential), information (b) to the extent requested by any regulatory authority purporting to have jurisdiction over it (including any self-regulatory authority), (ci) to the extent required by Requirement of Laws statue, rule, regulation or regulations or by any subpoena or similar legal judicial process, provided that (ii) to counsel for any of the Lenders or the Agent, (iii) to bank examiners, auditors or accountants, (iv) to the Agent or any other Lender (or to First Chicago Capital Markets, Inc.), (v) in connection with any litigation to which any one or more of the Lenders or the Agent is a party, (vi) to a subsidiary or affiliate of such LenderLender as provided in clause (a) above, (vii) to any assignee or participant (or prospective assignee or participant) so long as applicablesuch assignee or participant (or prospective assignee or participant) agrees with the respective Lender to keep such information confidential on substantially the terms set forth in this Section 9.17(b), agrees that it will notify the Borrower as soon as practicable in the event of any such disclosure by such person (other than at the request of a regulatory authority) unless such notification is prohibited by law, rule or regulation; (dviii) to any other party hereto, (e) Person as may be reasonably --------------- required in connection with the exercise course of the enforcement of any Lender's rights or remedies hereunder or under any other Loan Document or any action or proceeding relating to this Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder, (f) subject to an agreement (including any electronic agreement contained in any Platform) containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant insuch Lender's Note, or any prospective assignee of or Participant in, any of its rights or obligations under this Agreement or any Eligible Assignee invited to be an Additional Commitment Lender; or (ii) any actual or prospective counterparty (or its advisorsix) to any Hedge Agreement relating to any other creditor of either Loan Party and its obligations, (g) with the consent of the Borrower, (h) to any rating agency when required by it (it being understood that, prior to any such disclosure, such rating agency shall undertake to preserve the confidentiality of any Information relating to the Loan Parties received by it from such Lender) or (i) to the extent such Information (i) becomes publicly available other than as a result of a breach of this Section or (ii) becomes available to any Credit Party or any of their respective Affiliates on its Subsidiaries at any time during the continuance of a non-confidential basis from a source other than Default; provided that in no event shall any Lender or the Agent be -------- obligated or required to return any materials furnished by either Loan Parties and which source is not known by such Agent or Lender to be subject to a confidentiality restriction in respect thereof in favor of any of the Credit Parties or any Affiliate of the Credit PartiesParty.

Treatment of Certain Information; Confidentiality. Each of Administrative Agent and the Credit Parties Lenders agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates, Approved Funds, Affiliates and to its and its Affiliates’ and Approved Funds’ respective partners, directors, officers, employees, agents, funding sources, attorneystrustees, advisors and representatives actively involved in the origination, syndication, closing, administration or enforcement of the Loans, (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), (b) to the extent requested by any regulatory authority purporting to have jurisdiction over it (including any self-regulatory authority), such as the National Association of Insurance Commissioners) or in connection with an examination of such Person by any such authority or at the request of any self-regulated body, (c) at the express direction of any other governmental authority, with jurisdiction over the Administrative Agent and/or the Lenders, of any State of the United States of America or of any other jurisdiction in which such Person conducts its business, (d) to the extent required by Requirement of applicable Laws or regulations or by any subpoena or similar legal process, provided that the Agent or such Lender, as applicable, agrees that it will notify the Borrower as soon as practicable in the event of any such disclosure by such person (other than at the request of a regulatory authority) unless such notification is prohibited by law, rule or regulation; (d) to any other party hereto, (e) in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder, (f) to such Person’s independent auditors, attorneys, agents and other professional advisors, (g) to bank trade publications, such customary information to consist of the name of the Borrower, size, tenor and type of facility, and the identity of titled banks, (h) to any other party hereto, (i) subject to an agreement (including any electronic agreement contained in any Platform) containing provisions substantially the same or at least as restrictive as those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights or obligations under this Agreement or any Eligible Assignee invited to be an Additional Commitment Lender; or (ii) any actual or prospective counterparty (or its advisors) to any Hedge Agreement swap or derivative transaction relating to any Loan Party Borrower and its obligationsobligations hereunder, (gj) with the consent of the Borrower, (h) to any rating agency when required by it (it being understood that, prior to any such disclosure, such rating agency shall undertake to preserve the confidentiality of any Information relating to the Loan Parties received by it from such Lender) Borrower or (ik) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section or (iiy) becomes available to Administrative Agent, any Credit Party Lender or any of their respective Affiliates on a non-confidential nonconfidential basis from a source other than Borrower provided that the Loan Parties and which source is of such information was not at the time known by Administrative Agent, any Lender or any of their respective Affiliates to be bound by a confidentiality agreement or other legal or contractual obligation of confidentiality with respect to such Information. For purposes of this Section, “Information” means all information received from any Company relating to any Company or any of their respective businesses, other than any such information that is available to Administrative Agent or any Lender on a nonconfidential basis prior to disclosure by any Company, provided that in the case of information received from any Company 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 subject 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 Administrative Agent and the Lenders acknowledges that (a) the Information may include material non-public information concerning Borrower or a confidentiality restriction 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 respect thereof in favor of any of the Credit Parties or any Affiliate of the Credit Partiesaccordance with applicable Law, including United States Federal and state securities Laws.

Treatment of Certain Information; Confidentiality. Each of the Credit Parties Administrative Agent and the Lenders agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates, Approved Funds, Affiliates and to its and its Affiliates’ and Approved Funds’ respective partners, directors, officers, employees, agents, funding sources, attorneys, 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), (b) to the extent requested by any regulatory authority purporting to have jurisdiction over it or any of its Affiliates (including any self-regulatory authority, such as the National Association of Insurance Commissioners), (c) in any legal, judicial, administrative proceeding or in accordance with a judicial or other governmental order, subpoena, interrogatory, discovery request, investigative demand or other legal process or as required by applicable law or regulations (in which case the Administrative Agent or such Lender shall promptly notify the Borrower in writing, in advance, and give the Borrower the opportunity to seek confidential treatment of the information prior to such disclosure, to the extent required by Requirement of Laws or regulations or by any subpoena or similar legal process, provided that the Agent or such Lender, as applicable, agrees that it will notify the Borrower as soon as practicable in the event of any such disclosure by such person (other than at the request of a regulatory authority) unless such notification is prohibited permitted by law), rule or regulation; (d) to any other party hereto, (e) in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder, (f) subject to an agreement (including any electronic agreement contained in any Platform) containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights or obligations under this Agreement or any Eligible Assignee invited to be an Additional Commitment Lender; or (ii) any actual or prospective counterparty (or its advisors) to any Hedge Agreement Securitization, swap or derivative transaction relating to any Loan Party the Borrower and its obligations, or any Subsidiary and its obligations, or any credit insurance provider relating to the Borrower and its Obligations, (g) with the consent of the Borrower, (h) to any rating agency when required by it (it being understood thatagencies or, prior to any such disclosureon a confidential basis, such rating agency shall undertake to preserve the confidentiality of any Information relating to the Loan Parties received by it from such Lender) CUSIP Service Bureau or any similar agency in connection with the issuance and monitoring of CUSIP numbers with respect to the Loans or (i) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section or (iiy) becomes available to the Administrative Agent, any Credit Party Lender or any of their respective Affiliates on a non-confidential nonconfidential basis from a source other than the Loan Parties and which source is not known by such Agent Borrower or Lender to be subject to a confidentiality restriction in respect thereof in favor of any of the Credit Parties or any Affiliate of the Credit Partiesits Subsidiaries.

Treatment of Certain Information; Confidentiality. Each of the Credit Parties Agents, the Lenders and each L/C Issuer agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates, Approved Funds, Affiliates and to its and its Affiliates’ and Approved Funds’ respective partners, directors, officers, employees, agents, funding sourcesadvisors, attorneysmanaging members or managers, advisors counsel, accountants and other representatives (collectively, “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), (b) to the extent requested by any Governmental Authority or regulatory authority purporting to have jurisdiction over it (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (in which case, the Administrative Agent or such Lender or L/C Issuer, as applicable, shall use reasonable efforts to notify the U.S. Borrower prior to such disclosure to the extent practicable and legally permitted to do so), (c) to the extent required by Requirement of applicable Laws or regulations or by any subpoena or similar legal process, provided that the Agent or such Lender, as applicable, agrees that it will notify the Borrower as soon as practicable in the event of any such disclosure by such person (other than at the request of a regulatory authority) unless such notification is prohibited by law, rule or regulation; (d) to any other party hereto, (e) in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this 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 (including any electronic agreement contained in any Platform) containing provisions substantially the same as those of this SectionSection 10.07, to (ix) any assignee of or Participant inin (or their Representatives, it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential), or any prospective assignee of or Participant inin (or their Representatives, it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential) any of its rights or obligations under this Agreement or any Eligible Assignee invited to be an Additional Commitment Lender; or (iiy) any actual or prospective counterparty (or its advisorsRepresentatives, it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential) to any Hedge Agreement swap or derivative transaction relating to any Loan Party the Parent or Borrower and its their respective obligations, (gh) with the consent of the Borrower, (h) to any rating agency when required by it (it being understood that, prior to any such disclosure, such rating agency shall undertake to preserve the confidentiality of any Information relating to the Loan Parties received by it from such Lender) U.S. Borrower or (i) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section or (iiy) becomes available to the Administrative Agent, any Credit Party Lender, the L/C Issuer or any of their respective Affiliates on a non-confidential nonconfidential basis from a source other than a Borrower. For purposes of this Section, “Information” means all information received from any Borrower or any of their Subsidiaries relating to any Borrower or any of its Subsidiaries or any of their respective businesses, other than any such information that is available to the Loan Parties and which source is not known Administrative Agent, any Lender or the L/C Issuer on a nonconfidential basis prior to disclosure by such Agent Borrower or Lender to be subject to a confidentiality restriction in respect thereof in favor of any of its Subsidiaries. Any Person required to maintain the Credit Parties or any Affiliate 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 Credit Partiessame degree of care to maintain the confidentiality of such Information as such Person would accord to its own confidential information.

Treatment of Certain Information; Confidentiality. Each of the Credit Parties Administrative Agent and the Lenders agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates, Approved Funds, Affiliates and to its and its Affiliates’ and Approved Funds’ respective partners, directors, officers, employees, agents, funding sources, attorneys, 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), (b) to the extent requested by any Governmental Authority or regulatory authority purporting to have jurisdiction over it (including any self-regulatory authority, such as the National Association of Insurance Commissioners); provided that to the extent practicable and permitted by applicable law, the party requested to disclose the Information will provide prompt written notice of such request to Borrower, will allow Borrower a reasonable opportunity to seek appropriate protective measures prior to disclosure, and will disclose the minimum amount of Information required by law, (c) to the extent required by Requirement applicable Requirements of Laws or regulations Law or by any subpoena or similar legal process, provided that the Agent or such Lender, as applicable, agrees that it will notify the Borrower as soon as practicable in the event of any such disclosure by such person (other than at the request of a regulatory authority) unless such notification is prohibited by law, rule or regulation; (d) to any other party hereto, (e) in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder, (f) subject to an agreement (including any electronic agreement contained in any Platform) containing provisions substantially the same as those of this SectionSection 10.12, to (i) any assignee of or Participant in, or any bona fide prospective assignee of or Participant in, any of its rights or obligations under this Agreement or any Eligible Assignee invited to be an Additional Commitment Lender; or Agreement, (ii) any actual or bona fide prospective counterparty (or its advisors) to any Hedge Agreement swap or derivative transaction relating to any Loan Party Borrower and its obligationsobligations or (iii) any rating agency for the purpose of obtaining a credit rating applicable to any Lender, (g) with the prior consent of the Borrower, Borrower or (h) to any rating agency when required by it (it being understood that, prior to any such disclosure, such rating agency shall undertake to preserve the confidentiality of any Information relating to the Loan Parties received by it from such Lender) or (i) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section or (iiy) becomes available to the Administrative Agent, any Credit Party Lender or any of their respective Affiliates on a non-confidential basis from a source other than the Loan Parties and which source is not known by such Agent or Lender to be subject to a confidentiality restriction in respect thereof in favor of any of the Credit Parties or any Affiliate of the Credit Parties.a

Treatment of Certain Information; Confidentiality. Each of the Credit Parties Administrative Agent, the L/C Issuers and the Lenders agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates, Approved Funds, Affiliates and to its and its Affiliates’ and Approved Funds’ respective partners, directors, officers, employees, agents, funding sources, attorneys, 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), (b) to the extent requested by any regulatory authority purporting to have jurisdiction over it or its Affiliates (including any self-regulatory authority, such as the National Association of Insurance Commissioners), (c) to the extent required by Requirement of Laws applicable laws or regulations or by any subpoena or similar legal process, provided that in which case, such Person shall, to the Agent or such Lender, as applicable, agrees that it will notify the Borrower as soon as extent reasonably practicable in the event of any such disclosure by such person (other than at the request of a regulatory authority) unless such notification is and not prohibited by law, rule or regulation; inform the Borrower promptly in advance thereof, (d) to any other party hereto, (e) in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder, (f) subject to an agreement (including any electronic agreement contained in any Platform) containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights or obligations under this Agreement or any Eligible Assignee invited to be an Additional Commitment Lender; a Lender pursuant to Section 2.19(c) or (ii) any actual or prospective counterparty (or its advisors) to any Hedge Agreement swap or derivative transaction or any credit insurance provider, in each case, relating to any Loan Party the Borrower and its obligations, (g) on a confidential basis to (i) any rating agency in connection with rating the Borrower or any other Subsidiary of the Parent or the 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 facilities provided hereunder, (h) subject to an agreement containing provisions substantially the same as those of this Section, to third-party service providers of the Lenders in connection with the credit facilities provided hereunder, (i) with the consent of the Borrower, (h) to any rating agency when required by it (it being understood that, prior to any such disclosure, such rating agency shall undertake to preserve Parent or the confidentiality of any Information relating to the Loan Parties received by it from such Lender) Borrower or (ij) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section actually known to or caused by the disclosing party or (iiy) becomes available to the Administrative Agent, any Credit Party Lender, any L/C Issuer or any of their respective Affiliates on a non-confidential nonconfidential basis from a source other than the Loan Parties and which source is not known by such Agent Parent or Lender to be subject to a confidentiality restriction in respect thereof in favor of any of the Credit Parties or any Affiliate of the Credit PartiesBorrower.

Treatment of Certain Information; Confidentiality. (a) Each of the Credit Parties Agent and the Lenders acknowledges the confidential nature of the Information (as defined below) and agrees to maintain the confidentiality of the Information (as defined below)and prevent the disclosure thereof, except that Information may be disclosed disclosed: (ai) to its Affiliates, Approved Funds, Affiliates and to its and its Affiliates’ and Approved Funds’ respective partners, directors, officers, employees, agents, funding sources, attorneys, professional advisors and representatives to the extent reasonably required to be disclosed thereto (it being understood provided that the such Persons to whom such disclosure is made will shall be informed under a like duty of confidentiality to that contained in this Section 16.6 and further provided that the Agent or the Lender, as the case may be, providing the Information shall be responsible for any breach by such Person of the confidential nature aforementioned like duty of confidentiality); (ii) if, in the reasonable opinion of the Agent or such Information and instructed to keep Lender, such Information confidential), (b) to the extent requested disclosure is required by any regulatory authority purporting to have having jurisdiction over it (including any self-regulatory authority); (iii) if, (c) to in the extent reasonable opinion of the Agent or such Lender, such disclosure is required by Requirement of Applicable Laws or regulations or by any subpoena or similar legal process, provided that the Agent or such Lender, as applicable, agrees that it will notify the Borrower as soon as practicable in the event of any such disclosure by such person ; (other than at the request of a regulatory authority) unless such notification is prohibited by law, rule or regulation; (div) to any other party hereto, Lender or their respective counsel and advisors; (ev) in connection with the exercise of any remedies remedies, or the enforcement of any rights, hereunder or under any other Loan Document or in connection with any suit, action or proceeding initiated by the Agent and the Lenders or commenced by the Borrower the issues of which touch on the Information, in each case, relating to this Agreement or any other Loan Document but only to the extent such disclosure is necessary to the initiation or the enforcement defense of rights hereunder such suit, action or thereunder, proceeding; (fvi) subject to an agreement (including any electronic agreement contained in any Platform) containing provisions substantially the same as those of this SectionSection 16.6, to to: (iA) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights or obligations under this Agreement or any Eligible Assignee invited to be an Additional Commitment LenderAgreement; or or (iiB) any actual or prospective insurers, re-insurers or counterparty (or its advisors) to any Hedge Agreement swap, derivative, credit-linked note or similar transaction relating to any Loan Party and its obligations, Obligor; (gvii) with the written consent of the Principal Borrower, ; or (h) to any rating agency when required by it (it being understood that, prior to any such disclosure, such rating agency shall undertake to preserve the confidentiality of any Information relating to the Loan Parties received by it from such Lender) or (iviii) to the extent such Information Information: (iA) becomes publicly available other than as a result of a breach of this Section 16.6 (including, for certainty, by a breach of this Section 16.6 by a Person for which the applicable Lender or the Agent is responsible); or (iiB) becomes available to any Credit Party the Agent or any of their respective Affiliates Lender on a non-confidential basis from a source other than an Obligor or a Pledgor, provided that the Loan Parties and which source is not known by such Agent or such Lender can show that such Information was, prior to be the receipt thereof from an Obligor or a Pledgor, lawfully in the Agent’s or such Lender’s possession from such source and not then subject to a confidentiality restriction any obligation on its part to the Borrowers to maintain confidentiality. (b) For purposes of this Section, “Information” means all financial, operational and other information and data received in respect thereof in favor connection with this Agreement or any other Loan Document from any Obligor, KMI or any Affiliate of KMI relating to any of the Credit Parties KMI, any Pledgor, any Obligor or any Affiliate of the Credit Partiesforegoing or in respect of any of their respective businesses.

Treatment of Certain Information; Confidentiality. Each of the Credit Parties Administrative Agent and the Lenders agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates, Approved Funds, Affiliates and to its Related Parties who are engaged in evaluating, approving, structuring or administering this Agreement and its Affiliates’ and Approved Funds’ respective partners, directors, officers, employees, agents, funding sources, attorneys, advisors and representatives 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), (b) to the extent required or requested by any regulatory authority purporting to have jurisdiction over it such Person or its Related Parties (including any self-regulatory authority, such as the National Association of Insurance Commissioners), (c) to the extent required by Requirement of Laws applicable laws or regulations or by any subpoena or similar legal process, provided that the Agent or such Lender, as applicable, agrees that it will notify the Borrower as soon as practicable in the event of any such disclosure by such person (other than at the request of a regulatory authority) unless such notification is prohibited by law, rule or regulation; (d) to any other party hereto, (e) in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder, (f) subject to an agreement (including any electronic agreement contained in any Platform) containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights or obligations under this Agreement or any Eligible Assignee invited to be an Additional Commitment Lender; a Lender pursuant to Section 2.18(c) or (ii) any actual or prospective counterparty party (or its advisorsRelated Parties) to any Hedge Agreement relating swap, derivative or other transaction under which payments are to any Loan Party be made by reference to the Borrower and its obligations, this Agreement or payments hereunder, (g) on a confidential basis to (i) any rating agency in connection with rating the applicable Borrower or its Subsidiaries or the 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 facilities provided hereunder, (h) with the consent of the Borrower, (h) to any rating agency when required by it (it being understood that, prior to any such disclosure, such rating agency shall undertake to preserve the confidentiality of any Information relating to the Loan Parties received by it from such Lender) Borrower or (i) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section or (iiy) becomes available to the Administrative Agent, any Credit Party Lender or any of their respective Affiliates on a non-confidential nonconfidential basis from a source other than the Loan Parties and which source Borrower. For purposes of this Section, “Information” means all information received from the Borrower or any Subsidiary relating to the Borrower or any Subsidiary or any of their respective businesses, other than any such information that is not known by such available to the Administrative Agent or any Lender on a nonconfidential basis prior to be subject to a confidentiality restriction in respect thereof in favor of disclosure by the Borrower or any Subsidiary thereof. Each of the Credit Parties Administrative Agent and the Lenders acknowledges that (a) the Information may include material non-public information concerning the Borrower or any Affiliate a Subsidiary, as the case may be, (b) it has developed compliance procedures regarding the use of the Credit Partiesmaterial non-public information and (c) it will handle such material non-public information in accordance with applicable Law, including United States Federal and state securities Laws.

Treatment of Certain Information; Confidentiality. Each of the Credit Parties The P1 Intercreditor Agent agrees to maintain the confidentiality of the Information (as defined below)Information, except that Information may be disclosed (a) to its Affiliates, Approved Funds, Affiliates (including branches) and to its and its Affiliates’ and Approved Funds’ respective partners, directors, officers, employees, agents, funding sourcesadvisors, attorneysauditors, advisors service providers and representatives (it being understood provided, that the Persons to whom such disclosure is made will be informed prior to disclosure of the confidential nature of such Information and instructed to keep such Information confidential), (b) to the extent requested or required by any regulatory authority purporting to have jurisdiction over it (including any self-regulatory authority)it, (c) to the extent required by Requirement of Laws applicable Government Rule or regulations or by any subpoena or similar legal processprocess (in which case the P1 Intercreditor Agent agrees, provided that to the Agent or such Lenderextent practicable, as applicable, agrees that it will to use reasonable efforts to notify the Borrower as soon as practicable in the event of any such disclosure by such person (other than at the request of a regulatory authority) unless such notification is prohibited by lawprior to disclosure), rule or regulation; (d) to any other party heretoto this Agreement, (e) in connection with the exercise of any remedies hereunder hereunder, under any Senior Secured Debt Instrument, or under any other Loan P1 Collateral Document or any suit, action or proceeding relating to this Agreement hereto or any other Loan Document thereto or the enforcement of rights hereunder or thereunderthereunder (including any actual or prospective purchaser of Collateral), (f) subject to an agreement (including any electronic agreement contained Persons permitted under the terms of the Senior Secured Debt Instruments in any Platform) containing provisions substantially accordance with the same as those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights or obligations under this Agreement or any Eligible Assignee invited to be an Additional Commitment Lender; or (ii) any actual or prospective counterparty (or its advisors) to any Hedge Agreement relating to any Loan Party and its obligationsterms thereof, (g) with the consent of the BorrowerBorrower (not to be unreasonably withheld, conditioned or delayed), (h) to any state, federal or foreign authority or examiner (including the National Association of Insurance Commissioners or any other similar organization) regulating the P1 Intercreditor Agent or any of its Affiliates, (i) to any rating agency when required by it (it being understood that, that prior to any such disclosure, such rating agency shall undertake to preserve the confidentiality of any Information relating to the Loan Parties Borrower received by it from such Lender) the P1 Intercreditor Agent), or (ij) to any party providing (and any brokers arranging) any insurance or reinsurance or other direct or indirect credit protection (including credit default swaps) with respect to its Senior Secured Debt. For the extent such Information (i) becomes publicly available other than as a result of a breach purposes of this Section or (ii) becomes available to any Credit Party or any of their respective Affiliates on a non-confidential basis from a source other than the Loan Parties and which source is not known by such Agent or Lender to be subject to a confidentiality restriction in respect thereof in favor of any of the Credit Parties or any Affiliate of the Credit Parties.8.16, “

Treatment of Certain Information; Confidentiality. Each Bank, the Administrative Agent, the Collateral Agent, the Issuer and the Arrangers agree (on behalf of the Credit Parties agrees to maintain the confidentiality itself and each of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates, Approved Funds, and to its and its Affiliates’ and Approved Funds’ respective partnersaffiliates, directors, officers, employees, agents, funding sources, attorneys, advisors employees and representatives (representatives) to keep confidential any non-public information supplied to it being understood by the Borrower pursuant to this Agreement that the Persons Borrower identifies to whom such Bank, the Administrative Agent, the Collateral Agent, the Issuer or the Arrangers (as the case may be) as confidential at the time Borrower so supplies such information, provided, that nothing herein shall limit the disclosure is made will be informed of the confidential nature of any such Information and instructed to keep such Information confidential), information (b) to the extent requested by any regulatory authority purporting to have jurisdiction over it (including any self-regulatory authority), (ci) to the extent required by Requirement of Laws statute, rule, regulation or regulations or by any subpoena or similar legal judicial process, provided that (ii) to counsel for any of the Banks, the Administrative Agent, the Collateral Agent, the Issuer or the Arrangers, (iii) to bank examiners, auditors or accountants, (iv) to the Issuer, the Arrangers, the Administrative Agent, the Collateral Agent or any other Bank, (v) in connection with any summons or subpoena to which any one or more of the Banks, the Issuer, the Arrangers, the Administrative Agent or the Collateral Agent is a party, (vi) to a subsidiary or affiliate of such LenderPerson, or (vii) to any assignee or participant (or prospective assignee or participant) so long as such subsidiary, affiliate, assignee or participant (or prospective assignee or participant), as applicablethe case may be, first executes and delivers to the Borrower, an agreement containing provisions substantially identical to those contained in this Section 10.15; and provided further, that in no event shall any Bank, the Issuer, the Arrangers, the Administrative Agent or the Collateral Agent be obligated or required to return any materials furnished to it by the Borrower, unless in violation of this Section 10.15, each Bank agrees that it will notify use its reasonable efforts to advise the Borrower as soon as practicable in the event practicable, of any such disclosure by such person (other than at the request of a regulatory authority) unless such notification is prohibited by law, rule or regulation; (d) to any other party hereto, (e) information in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder, (fv) subject to an agreement (including any electronic agreement contained in any Platform) containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights or obligations under this Agreement or any Eligible Assignee invited to be an Additional Commitment Lender; or (ii) any actual or prospective counterparty (or its advisors) to any Hedge Agreement relating to any Loan Party and its obligations, (g) with the consent of the Borrower, (h) to any rating agency when required by it (it being understood that, prior to any such disclosure, such rating agency shall undertake to preserve the confidentiality of any Information relating to the Loan Parties received by it from such Lender) or (i) to the extent such Information (i) becomes publicly available other than as a result of a breach of this Section or (ii) becomes available to any Credit Party or any of their respective Affiliates on a non-confidential basis from a source other than the Loan Parties and which source is not known by such Agent or Lender to be subject to a confidentiality restriction in respect thereof in favor of any of the Credit Parties or any Affiliate of the Credit Partiesabove.

Treatment of Certain Information; Confidentiality. Each of the Credit Parties Administrative Agent, the Lenders and the L/C Issuers agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates, Approved Funds, Affiliates and to its and its Affiliates’ and Approved Funds’ respective partners, directors, officers, employees, agents, funding sources, attorneystrustees, 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), (b) after notice thereof to the Borrower, if practicable and allowed under the circumstances and unless if in connection with routine audits or reviews by any regulatory or self-regulatory authority, to the extent requested by any regulatory authority purporting to have jurisdiction over it (including any self-regulatory authority, such as the National Association of Insurance Commissioners), (c) after notice thereof to the Borrower, if practicable and allowed under the circumstances, to the extent required by Requirement of Laws applicable laws or regulations or by any subpoena or similar legal process, provided that the Agent or such Lender, as applicable, agrees that it will notify the Borrower as soon as practicable in the event of any such disclosure by such person (other than at the request of a regulatory authority) unless such notification is prohibited by law, rule or regulation; (d) to any other party heretohereto or in connection with any pledge or assignment permitted under Section 10.06(f), (e) in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder, (f) subject to an agreement (including any electronic agreement contained in any Platform) containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights or obligations under this Agreement or any Eligible Assignee invited to be an Additional Commitment Lender; a Lender pursuant to Section 2.14 or (ii) any actual or prospective counterparty (or its advisors) to any Hedge Agreement swap or derivative transaction relating to any Loan Party the Borrower and its obligations, (g) with the consent of the Borrower, Borrower or (h) to any rating agency when required by it (it being understood that, prior to any such disclosure, such rating agency shall undertake to preserve the confidentiality of any Information relating to the Loan Parties received by it from such Lender) or (i) to the extent such Information (i) becomes publicly available other than as a result of a breach of this Section or (ii) becomes available to the Administrative Agent, any Credit Party Lender, any L/C Issuer or any of their respective Affiliates on a non-confidential nonconfidential basis from a source other than the Loan Parties and which source is not known by such Agent or Lender to be subject to a confidentiality restriction in respect thereof in favor of any of the Credit Parties or any Affiliate of the Credit PartiesBorrower.

Treatment of Certain Information; Confidentiality. Each of the Credit Parties Agents and the Lenders agrees to maintain the confidentiality of the Information (as defined below)Information, except that Information may be disclosed (a) to its Affiliates, Approved Funds, Affiliates and to its and its Affiliates’ and Approved Funds’ respective partners, directors, officers, employees, agents, funding sources, attorneys, advisors and representatives for the sole purpose of exercising such Agents’ or Lenders’ rights or performing such Agents’ or Lenders’ obligations under the Finance Documents (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential), ; (b) to the extent requested or required by any regulatory authority purporting to have jurisdiction over it (including the National Association of Insurance Commissioners or any self-regulatory authorityother similar organization), ; (c) to the extent required by Requirement of Laws applicable Law or regulations or by any subpoena or similar legal process, provided that the Agent or such Lender, as applicable, agrees that it will notify the Borrower as soon as practicable in the event of any such disclosure by such person (other than at the request of a regulatory authority) unless such notification is prohibited by law, rule or regulation; (d) to any other party hereto, to this Agreement; (e) in connection with the exercise of any remedies hereunder or under any other Loan Document or any suit, action or proceeding relating to this Agreement or any other Loan Document or the enforcement of rights hereunder (including any actual or thereunder, prospective purchaser of Collateral); (f) subject to an agreement (including any electronic agreement contained in any Platform) containing provisions substantially the same as those of this SectionSection 11.17, to (i) any assignee Eligible Assignee of or Participant in, or any prospective assignee Eligible Assignee of or Participant in, any of its rights or obligations under this Agreement or any Eligible Assignee invited to be an Additional Commitment Lender; or Agreement, (ii) any actual direct or indirect contractual counterparty or prospective counterparty (or its advisorssuch contractual counterparty’s or prospective counterparty’s professional advisor) to any Hedge Agreement credit derivative transaction relating to obligations of the Borrowers or (iii) any Person (and any of its officers, directors, employees, agents or advisors) that may enter into or support, directly or indirectly, or that may be considering entering into or supporting, directly or indirectly, either (A) contractual arrangements with such Agent or Lender, or any Affiliates thereof, pursuant to which all or any portion of the risks, rights, benefits or obligations under or with respect to any Loan Party and its obligationsor Financing Document is transferred to such Person or (B) an actual or proposed securitization or collateralization of, or similar transaction relating to, all or a part of any amounts payable to or for the benefit of any Lender under any Financing Document (including any rating agency); (g) with the consent of the Borrower, each Loan Party; (h) to the extent such Information (i) becomes publicly available other than as a result of a breach of this Section 11.17 or (ii) becomes available to any Agent or any Lender or any of their respective Affiliates on a nonconfidential basis from a source other than any Loan Party; or (j) to any rating agency when required by it (it being understood that, prior to any such disclosure, such rating agency shall undertake to preserve the confidentiality of any Information relating to the Loan Parties Party received by it from such Lender). In addition, with the prior written consent of the Borrowers (so long as no Event of Default has occurred and is continuing), which consent shall not be unreasonably withheld, any Agent and the Lenders may disclose the existence of this Agreement and information about this Agreement to market data collectors, similar service providers to the lending industry, and service providers to the Agents and the Lenders in connection with the administration and management of this Agreement, the other Financing Documents, the Commitments and a Borrowing. For the purposes of this Section 11.17, “Information” means written information that any Loan Party furnishes to any Agent or Lender after the date hereof (and designated at the time of delivery thereof in writing as confidential) pursuant to or in connection with any Financing Document, relating to the assets and business of any Loan Party, but does not include any such information that (i) is or becomes generally available to the extent such Information (i) becomes publicly available public other than as a result of a breach by such Agent or Lender of this Section or its obligations hereunder, (ii) is or becomes available to any Credit Party such Agent or any of their respective Affiliates on a non-confidential basis Lender from a source other than the Loan Parties and which source Party that is not known by not, to the knowledge of such Agent or Lender to be subject to Lender, acting in violation of a confidentiality restriction in respect thereof in favor of obligation with the Borrowers or (iii) is independently compiled by any Agent or Lender, as evidenced by their records, without the use of the Credit Parties or any Affiliate Information. Any Person required to maintain the confidentiality of Information as provided in this Section 11.17 shall be considered to have complied with its obligation to do so if such Person has exercised the Credit Partiessame degree of care to maintain the confidentiality of such Information as such Person would accord to its own confidential information.

Treatment of Certain Information; Confidentiality. Each of the Credit Parties Administrative Agent, the Lenders and the L/C Issuer agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates, Approved Funds, Affiliates and to its and its Affiliates’ and Approved Funds’ respective partners, directors, officers, employees, agents, funding sources, attorneystrustees, 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), (b) to the extent requested by any regulatory authority purporting to have jurisdiction over it (including any self-regulatory authority), (c) to the extent required by Requirement of applicable Laws or regulations or by any subpoena or similar legal processprocess (in which case such Person, provided that to the Agent extent practicable and so long as it is permitted by Law and except in connection with any order or such Lender, request as applicable, agrees that it will notify the Borrower as soon as practicable in the event of any such disclosure by such person (other than at the request part of a regulatory authority) unless such notification is prohibited by lawexamination or audit, rule or regulation; (d) agrees to inform the Borrower promptly thereof), to any other party hereto, (e) 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 (including any electronic agreement contained in any Platform) containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights or obligations under this Credit Agreement or any Eligible Assignee invited to be an Additional Commitment Lender; or become a Lender pursuant to Section 11.06(b), (ii) any actual or prospective counterparty (or its advisors) to any Hedge Agreement swap or derivative transaction relating to any Loan Party the Borrower and its obligations, (g) with the consent of the Borrower, (h) to any rating agency when required by it (it being understood that, prior to any such disclosure, such rating agency shall undertake to preserve the confidentiality of any Information relating to the Loan Parties received by it from such Lender) Borrower or (i) to the extent such Information Information, (iiii) becomes publicly available other than as a result of a breach of this Section Section, (iv) to the extent that such information is independently developed by the Administrative Agent, a Lender, L/C Issuer or such parties Affiliates, in each case, so long as not based on information obtained in a manner that would otherwise violate this provision, (iiv) becomes available to the Administrative Agent, any Credit Party Lender, the L/C Issuer or any of their respective Affiliates on a non-confidential nonconfidential basis from a source other than the Loan Parties Borrower or (vi) with the Borrower’s consent. In addition, the Administrative Agent and which source is not known by such the Lenders may disclose the existence of this Credit Agreement and information about this Agreement to market data collectors, similar service providers to the lending industry and service providers to the Administrative Agent or Lender to be subject to a confidentiality restriction and the Lenders in respect thereof in favor connection with the administration of any of this Credit Agreement, the other Credit Parties or any Affiliate of Documents, and the Credit PartiesCommitments.

Treatment of Certain Information; Confidentiality. Each of the Credit Parties Administrative Agent and the Lenders agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates, Approved Funds, Affiliates and to its and its Affiliates’ and Approved Funds’ respective partners, directors, officers, employees, agents, funding sources, attorneystrustees, 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 will agree to be obligated to keep such Information confidential), (b) to the extent requested by any regulatory authority purporting to have jurisdiction over it (including any self-regulatory authorityauthority purporting to have jurisdiction over it, such as the National Association of Insurance Commissioners), (c) to the extent required by Requirement of applicable Laws or regulations or by any subpoena or similar legal process, provided that the Administrative Agent or such the Lender, as applicablethe case may be, agrees that it will shall disclose only the information required by such request and shall notify the Borrower as soon as practicable Company in the event advance of any such disclosure by such person (other than at so that the request of a regulatory authority) unless such notification is prohibited by lawCompany may seek an appropriate protective order, rule or regulation; (d) to any other party hereto, (e) in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder, (f) subject to an agreement (including any electronic agreement contained in any Platform) writing containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights or obligations under this Agreement or any Eligible Assignee invited to be an Additional Commitment Lender; a Lender pursuant to Section 2.12(c) or (ii) any actual or prospective counterparty (or its advisors) to any Hedge Agreement swap or derivative transaction relating to any Loan Party the Company and its obligations, (g) with the consent of the Borrower, Company or (h) to any rating agency when required by it (it being understood that, prior to any such disclosure, such rating agency shall undertake to preserve the confidentiality of any Information relating to the Loan Parties received by it from such Lender) or (i) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section or (iiy) becomes available to any Credit Party the Administrative Agent or any of their respective Affiliates Lender on a non-confidential nonconfidential basis from a source other than the Loan Parties and which source is not known by such Agent or Lender to be subject to a confidentiality restriction in respect thereof in favor of any of the Credit Parties or any Affiliate of the Credit PartiesCompany.

Treatment of Certain Information; Confidentiality. Each of the Credit Parties Administrative Agent and the Lenders agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates, Approved Funds, Affiliates and to its and its Affiliates’ and Approved Funds’ respective partners, directors, officers, employees, agents, funding sources, attorneys, advisors and representatives 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), (b) to the extent required or requested by by, or required to be disclosed to, any regulatory or similar authority purporting to have jurisdiction over it such Person or its Related Parties (including any self-regulatory authority, such as the National Association of Insurance Commissioners), (c) to the extent required by Requirement of Applicable Laws or regulations or by in any subpoena legal, judicial, administrative or similar legal processother compulsory proceeding, provided that the Agent or such Lender, as applicable, agrees that it will notify the Borrower as soon as practicable in the event of any such disclosure by such person (other than at the request of a regulatory authority) unless such notification is prohibited by law, rule or regulation; (d) to any other party hereto, (e) in connection with the exercise of any remedies hereunder under this Agreement or under any other Loan Document Document, or any action or proceeding relating to this Agreement or any other Loan Document Document, or the enforcement of rights hereunder or thereunder, (f) subject to an agreement (including any electronic agreement contained in any Platform) containing provisions substantially the same as those of this SectionSection 10.10, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights or and obligations under this Agreement or any Eligible Assignee invited to be an Additional Commitment Lender; or Agreement, (ii) any actual or prospective counterparty party (or its advisorsRelated Parties) to any Hedge Agreement relating swap, derivative or other transaction under which payments are to any Loan Party be made by reference to the Borrower and its obligations, this Agreement or payments hereunder, (iii) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund, or (v) to a nationally recognized rating agency that requires access to information regarding Holdings and its 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 in connection with rating Parent, Holdings or its Subsidiaries or the Term 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 Term Facility, (h) with the consent of the Borrower, (hi) to any rating agency when required by it (it being understood that, prior to any such disclosureGold Sheets and other similar bank trade publications, such rating agency shall undertake information to preserve the confidentiality consist of any Information relating to the Loan Parties received by it from deal terms and other information customarily found in such Lender) or publications, (ij) to the extent such Information (i) becomes publicly available other than as a result of a breach of this Section 10.10 or (ii) becomes available to the Administrative Agent, any Credit Party Lender or any of their respective Affiliates from a third party that is not, to such Person’s knowledge, subject to confidentiality obligations to the Borrower, (k) to governmental regulatory authorities in connection with any regulatory examination of the Administrative Agent or any Lender or in accordance with the Administrative Agent’s or any Lender’s regulatory compliance policy if the Administrative Agent or such Lender deems necessary for the mitigation of claims by those authorities against the Administrative Agent or such Lender or any of its subsidiaries or affiliates, (l) to the extent that such information is independently developed by such Person, or (m) for purposes of establishing a “due diligence” defense. For purposes of this Section 10.10, “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 or any Lender on a non-confidential basis prior to disclosure by any Credit Party or any Subsidiary thereof; provided that, in the case of information received from a source Credit Party or any Subsidiary thereof 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 10.10 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 anything to the contrary in this Agreement, the Administrative Agent may disclose information concerning the terms and conditions of this Agreement and the other than Loan Documents to loan syndication and pricing reporting services or in its marketing or promotional materials, with such information to consist of deal terms and other information customarily found in such publications or marketing or promotional materials and may otherwise use the Loan Parties name, logos, and which source is not known by such Agent other insignia of the Borrower or Lender to be subject to a confidentiality restriction in respect thereof in favor of any of the Credit Parties and the Commitments provided hereunder in any “tombstone” or any Affiliate other advertisements, on its website or in other marketing materials of the Credit PartiesAdministrative Agent.

Treatment of Certain Information; Confidentiality. Each of the Credit Parties Administrative Agent, the Lenders and the L/C Issuers agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates, Approved Funds, Affiliates and to its and its Affiliates’ and Approved Funds’ respective partners, directors, officers, employees, agents, funding sources, attorneys, advisors and representatives 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 confidentialconfidential and such disclosure is in connection with such disclosing Person acting as Administrative Agent, Lender or L/C Issuer), (b) to the extent required or requested by any regulatory authority purporting to have jurisdiction over it such Person or its Related Parties (including any self-regulatory authority, 133 such as the National Association of Insurance Commissioners) (in which case the disclosing party agrees, to the extent practicable and permitted by applicable law, to notify the Borrower promptly prior to such disclosure), (c) to the extent required by Requirement of Laws applicable laws or regulations or by any subpoena or similar legal process, provided that the Agent or such Lender, as applicable, agrees that it will notify the Borrower as soon as practicable in the event of any such disclosure by such person (other than at the request of a regulatory authority) unless such notification is prohibited by law, rule or regulation; (d) to any other party hereto, (e) in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder, (f) subject to an agreement (including any electronic agreement contained in any Platform) containing provisions substantially the same as those of this SectionSection 11.07, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights or and obligations under this Agreement (in each case, other than any Disqualified Institution) or any Eligible Assignee invited to be an Additional Commitment Lender; a Lender pursuant to Section 2.15(c) or Section 11.01 or (ii) any actual or prospective counterparty party (or its advisorsRelated Parties) (in each case, other than any Disqualified Institution) to any Hedge Agreement relating swap, derivative or other transaction under which payments are to any Loan Party be made by reference to the Borrower and its obligations, this Agreement or payments hereunder, except that no such agreement shall be required in connection with the disclosure to any such Person of the names of the Disqualified Institutions or the tax identification numbers of the Obligors posted on the Platform, (g) on a confidential basis to (i) any rating agency in connection with rating the Reporting Entity or its Subsidiaries or the 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 facilities provided hereunder, (h) with the consent of the Borrower, (h) to any rating agency when required by it (it being understood that, prior to any such disclosure, such rating agency shall undertake to preserve the confidentiality of any Information relating to the Loan Parties received by it from such Lender) Borrower or (i) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section 11.07 or (iiy) becomes available to the Administrative Agent, any Credit Party Lender, any L/C Issuer or any of their respective Affiliates on a non-confidential nonconfidential basis from a source other than the Borrower or another Loan Parties Party. In addition, the Administrative Agent and which source is not known by such the Lenders may disclose the existence of this Agreement and information about this Agreement to market data collectors, similar service providers to the lending industry and service providers to the Administrative Agent, the Syndication Agent and the Lenders in connection with the administration of this Agreement, the other Loan Documents, and the Commitments. For purposes of this Section 11.07, “Information” means all information received from the Borrower or Lender any Subsidiary thereof relating to be subject to a confidentiality restriction in respect thereof in favor of the Borrower or any Subsidiary or any of their respective businesses (including the Credit Parties Disqualified Institutions List), other than any such information that is available to the Administrative Agent, any Lender or any Affiliate L/C Issuer on a nonconfidential basis prior to disclosure by any Loan Party or any Subsidiary thereof, provided that, in the case of information received from any Loan Party or any Subsidiary thereof 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 11.07 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 Credit Parties.Administrative Agent, the Lenders 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 compliance procedures regarding the use of material non-public information and (c) it will handle such material non-public information in accordance with applicable Law, including United States federal and state securities Laws. 134

Treatment of Certain Information; Confidentiality. (a) Each of the Credit Parties Administrative Agent, the Lenders, the Swingline Lenders and the Issuing Lenders agrees to maintain the confidentiality of the Information (as defined below)) and shall not use such Information, without the prior written consent of the Company, for any purpose or in any manner other than pursuant to the terms and for the purposes contemplated by this Agreement, except that Information may be disclosed (ai) to its Affiliates, Approved Funds, Affiliates and to its and its Affiliates’ and Approved Funds’ respective partners, directors, officers, employees, agents, funding sources, attorneystrustees, 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), (bii) to the extent requested by any regulatory authority purporting to have jurisdiction over it (including any self-regulatory authority, such as the National Association of Insurance Commissioners), (ciii) to the extent required by Requirement of Laws applicable laws or regulations or by any subpoena or similar legal process, provided that the Agent or such Lender, as applicable, agrees that it will notify the Borrower as soon as practicable in the event of any such disclosure by such person (other than at the request of a regulatory authority) unless such notification is prohibited by law, rule or regulation; (div) to any other party hereto, (ev) in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder, (fvi) subject to an agreement (including any electronic agreement contained in any Platform) containing provisions substantially the same as those of this SectionSection 11.10, to (iA) any assignee Assignee of or Participant in, or any prospective assignee Assignee of or Participant in, any of its rights or obligations under this Agreement or any Eligible Assignee Additional Lender invited to be an Additional Commitment Lendera Lender pursuant to Section 2.20; provided that such Assignee, Participant or prospective Assignee or Participant agrees in writing to keep such information confidential to the same extent required by the Lenders party to this Agreement or (iiB) any actual or prospective counterparty (or its advisors) to any Hedge Agreement swap or derivative transaction relating to any Loan Party the Company and its obligations, in each case who agree to be bound by the terms of this Section 11.10 (gor language substantially similar to this Section 11.10), (vii) with the consent of the Borrower, (h) to any rating agency when required by it (it being understood that, prior to any such disclosure, such rating agency shall undertake to preserve the confidentiality of any Information relating to the Loan Parties received by it from such Lender) Company or (iviii) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section or (iiy) becomes available that is provided to any Credit Party the Administrative Agent, such Lender, such Swingline Lender or such Issuing Lender or any of their respective Affiliates on by a non-confidential basis from a source Person other than the Loan Parties and which source is Company not known by in violation, to the actual knowledge of the Administrative Agent, such Agent Lender, Swingline Lender, Issuing Lender or Lender to be subject to a confidentiality restriction in respect thereof in favor Affiliate, of any duty of confidentiality. For purposes of this Section, “Information” means all information received from or on behalf of the Credit Parties Company or any Affiliate Subsidiary relating to the Company or any Subsidiary or any of their respective businesses, this Agreement or the transactions contemplated hereby. 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 taken normal and reasonable precautions maintain the confidentiality of such Information. (b) Each of the Credit PartiesAdministrative Agent, the Lenders, Swingline Lenders and Issuing Lenders 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 applicable law, including securities laws.

Treatment of Certain Information; Confidentiality. Each of The Administrative Agent, the Credit Parties agrees Lenders and the L/C Issuer agree to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates, Approved Funds, Affiliates and to its and its Affiliates’ and Approved Funds’ respective partners, directors, officers, employees, agents, funding sources, attorneystrustees, 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), (b) to the extent requested by any regulatory authority purporting to have jurisdiction over it (including any self-regulatory authority, such as the National Association of Insurance Commissioners), (c) to the extent required by Requirement of Laws applicable laws or regulations or by any subpoena or similar legal process, process (except that the parties agree to the extent permitted that they will not disclose information of the kind described by s275(1) of the PPSA except as permitted by any other provision of this clause or required by another law or regulation); provided that the Agent Administrative Agent, the Lenders and the L/C Issuer will, to the extent practicable, promptly provide Holdings with an opportunity to seek a protective order or such Lenderother measure ensuring confidential treatment of the Information, as applicable, agrees that it will notify the Borrower as soon as practicable in the event of any such disclosure by such person (other than at the request of a regulatory authority) unless such notification is prohibited by law, rule or regulation; (d) to any other party hereto, (e) in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder, (f) subject to an agreement (including any electronic agreement contained in any Platform) containing provisions substantially the same as those of this SectionSection 11.07, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights or obligations under this Agreement or any Eligible Assignee invited to be an Additional Commitment Lender; a Lender (it being understood that Persons to whom such disclosure is made will be informed of the confidential nature of such Information and agree to keep such Information confidential) or (ii) any actual or prospective counterparty (or its advisors) to any Hedge Agreement swap or derivative transaction relating to any Loan Party Borrower and its obligations, (g) with the consent of the Borrower, Holdings or (h) to any rating agency when required by it (it being understood that, prior to any such disclosure, such rating agency shall undertake to preserve the confidentiality of any Information relating to the Loan Parties received by it from such Lender) or (i) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section 11.07 or (iiy) becomes available to the Administrative Agent, any Credit Party Lender, the L/C Issuer or any of their respective Affiliates on a non-confidential basis from a source other than Holdings or any of its Subsidiaries other than as a result of a breach of a confidentiality agreement or fiduciary duty of which the Loan Parties and which source is not known by such Administrative Agent or the applicable Lender to be subject to a confidentiality restriction in respect thereof in favor of any of or the Credit Parties or any Affiliate of the Credit PartiesL/C Issuer has actual knowledge.

Treatment of Certain Information; Confidentiality. Each of the Credit Parties agrees to Administrative Agent, the Syndication Agents and the Lenders shall maintain the confidentiality of the Information (as defined below)) and shall use such Information solely for the purpose of providing the services that are subject to this Agreement and the other Loan Documents, except that Information may be disclosed (a) to its respective Affiliates, Approved Funds, and to its auditors and its Affiliates’ Related Parties who need to know such information in connection with this Agreement, the other Loan Documents and Approved Funds’ respective partners, directors, officers, employees, agents, funding sources, attorneys, advisors the transactions contemplated hereby and representatives thereby (it being understood that the Persons Persons, including, for the avoidance of doubt, the Related Parties of such 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 the provisions of this Section), (b) to the extent required or requested by any regulatory authority purporting to have having jurisdiction over it (including any self-regulatory authority)such Person or its Related Parties, (c) pursuant to the extent required by Requirement of Laws or regulations or by any subpoena or similar legal process, provided that the Agent or such Lender, as applicable, agrees that it will notify the Borrower as soon as practicable in the event order of any such disclosure by such person (other than at the request of a regulatory authority) unless such notification is prohibited by lawcourt or administrative agency, rule or regulation; (d) to any other party hereto, (e) in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder, (f) subject to an agreement (including any electronic agreement contained in any Platform) containing provisions substantially the same as those of this SectionSection or as otherwise reasonably acceptable to the Company and such Person, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights or and obligations under this Agreement (in each case, other than to any Competitor) or any Eligible Assignee invited to be an Additional Commitment Lender; a Lender pursuant to Section 2.13(b) or (ii) any actual or prospective counterparty party (or its advisorsRelated Parties) to any Hedge Agreement relating swap, derivative or other transaction under which payments are to be made by reference to any Loan Party and its of the Borrowers or any of their subsidiaries or any of their respective obligations, this Agreement or payments hereunder, (g) on a confidential basis to (i) any rating agency in connection with rating the Company or its Subsidiaries or the credit facilities provided hereunder, (ii) the provider of any Platform or other electronic delivery service used by the Administrative Agent, the Swing Line Lender to deliver Borrower Materials or notices to the Lenders or (iii) 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 facilities provided hereunder, (h) with the consent of the Borrower, (h) to any rating agency when required by it (it being understood that, prior to any such disclosure, such rating agency shall undertake to preserve the confidentiality of any Information relating to the Loan Parties received by it from such Lender) Company or (i) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section Agreement or (iiy) becomes available to the Administrative Agent, any Credit Party Lender or any of their respective Affiliates on a non-confidential basis from a source other than the Loan Parties and which source Company that, to such Person’s knowledge, is not known by such Agent or Lender to be subject to a confidentiality restriction obligations to the Company; provided, that, in the case of clauses (b) and (e) above (except with respect thereof in favor of to any routine or ordinary course audit or examination conducted by bank accountants or any governmental bank or regulatory authority exercising examination or regulatory authority), each of the Credit Parties Administrative Agent, the Syndication Agents and the Lenders agree to (A) inform the Company promptly thereof prior to such disclosure to the extent not prohibited by law, rule or any Affiliate regulation, (B) use its respective reasonable efforts, at the request and expense of the Credit PartiesCompany, to cooperate with the Company to the extent the Company may seek to limit such disclosure, (C) exercise reasonable efforts, at the Company’s expense, to obtain an appropriate protective order or other reliable assurance that confidential treatment will be accorded to the information and (D) only disclose that portion of information such Person’s counsel advises that it is legally required to disclose. In addition, the Administrative Agent and the Lenders may disclose the existence of this Agreement and information about this Agreement to market data collectors, similar service providers to the lending industry and service providers to the Administrative Agent and the Lenders in connection with the administration of this Agreement, the other Loan Documents, and the Commitments.

Treatment of Certain Information; Confidentiality. Each of the Credit Parties Administrative Agent, the Lenders and the L/C Issuers agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates, Approved Funds, Affiliates and to its and its Affiliates’ and Approved Funds’ respective partners, directors, officers, employees, agents, funding sources, attorneystrustees, advisors and 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), (b) to the extent required or requested by any regulatory authority purporting to have jurisdiction over it such Person or its Affiliates (including any self-regulatory authority, such as the National Association of Insurance Commissioners), (c) to the extent required by Requirement of Laws applicable laws or regulations or by any subpoena or similar legal process, provided that the Agent or such Lender, as applicable, agrees that it will notify the Borrower as soon as practicable in the event of any such disclosure by such person (other than at the request of a regulatory authority) unless such notification is prohibited by law, rule or regulation; (d) to any other party hereto, (e) in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder, (f) subject to an agreement (including any electronic agreement contained in any Platform) containing provisions substantially the same as those of this SectionSection and which gives the Borrower the right to enforce such confidentiality provisions, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights or obligations under this Agreement or any Eligible Assignee invited to be an Additional Commitment Lender; a Lender pursuant to Section 2.14(b) or (ii) any actual or prospective counterparty (or its advisors) to any Hedge Agreement swap or derivative transaction relating to any Loan Party the Borrower and its obligations, (g) on a confidential basis to (i) any rating agency in connection with rating the Borrower or its Subsidiaries or the 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 facilities provided hereunder, (h) with the consent of the Borrower, (h) to any rating agency when required by it (it being understood that, prior to any such disclosure, such rating agency shall undertake to preserve the confidentiality of any Information relating to the Loan Parties received by it from such Lender) Borrower or (i) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section or (iiy) becomes available to the Administrative Agent, any Credit Party Lender, the L/C Issuer or any of their respective Affiliates on a non-confidential nonconfidential basis from a source other than the Loan Parties and which source is not known by such Agent Borrower or Lender to be subject to a confidentiality restriction in respect thereof in favor of any of the Credit Parties or any Affiliate of the Credit Partiesits Subsidiaries.

Treatment of Certain Information; Confidentiality. Each of the Credit Parties Administrative Agent, the Lenders and the L/C Issuers agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates, Approved Funds, Affiliates and to its and its Affiliates’ and Approved Funds’ respective partners, directors, officers, employees, agents, funding sources, attorneystrustees, 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 confidentialconfidential and that the disclosing party shall be liable for the failure of any such Persons to adhere to the requirements of this Section 10.07), ; (b) to the extent requested by any regulatory authority purporting to have jurisdiction over it (including any self-regulatory authority, such as the National Association of Insurance Commissioners), ; (c) to the extent required by Requirement of applicable Laws or regulations or by any subpoena or similar legal process, provided that the Agent or such Lender, as applicable, agrees that it will notify the Borrower as soon as practicable in the event of any such disclosure by such person (other than at the request of a regulatory authority) unless such notification is prohibited by law, rule or regulation; (d) to any other party hereto, ; (e) in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder, ; (f) subject to an agreement (including any electronic agreement contained in any Platform) containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights or obligations under this Agreement or any Eligible Assignee invited to be an Additional Commitment LenderAgreement; or (ii) any actual or prospective counterparty (or its advisors) to any Hedge Agreement swap or derivative transaction relating to any Loan Party the Borrowers and its their obligations, (g) with the consent of the Borrower, Parent; (h) to any rating agency when required by it (it being understood that, prior to any such disclosure, such rating agency shall undertake to preserve the confidentiality of any Information relating on a confidential basis to the Loan Parties received by it from such Lender) 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 facilities provided hereunder; and (i) to the extent such Information (i) becomes publicly available other than as a result of a breach of this Section or (ii) becomes available to the Administrative Agent, any Credit Party Lender, any L/C Issuer or any of their respective Affiliates on a non-confidential basis from a source other than the Loan Parties and which source Parent that is not known by itself, to the knowledge of such Agent or Lender to be subject to Person, in breach of a confidentiality restriction obligation to Parent or any Subsidiary in respect thereof in favor connection with the disclosure of such Information. For purposes of this Section, “Information” means all information received from Parent or any Subsidiary relating to Parent or any Subsidiary or any of their respective businesses, other than any such information that is available to the Credit Parties Administrative Agent, any Lender or any Affiliate L/C Issuer on a non-confidential basis prior to disclosure by Parent 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 information. Each of the Credit PartiesAdministrative Agent, the Lenders and the L/C Issuers acknowledges that (a) the Information may include material non-public information concerning Parent 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 applicable Law, including United States Federal and state securities Laws. In addition, the Administrative Agent and each Lender may disclose the existence of this Agreement and the information about this Agreement to market data collectors, similar services providers to the lending industry, and service providers to the Administrative Agent and the Lenders in connection with the administration and management of this Agreement and the other Loan Documents.

Treatment of Certain Information; Confidentiality. Each of the Credit Parties Agents and the Lenders agrees to maintain the confidentiality of the Information (as defined below)Information, except that Information may be disclosed (a) to its Affiliates, Approved Funds, Affiliates and to its and its Affiliates’ and Approved Funds’ respective partners, directors, officers, employees, agents, funding sources, attorneys, 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), ; (b) to the extent requested or required by any regulatory authority purporting to have jurisdiction over it (including any self-regulatory authority), it; (c) to the extent required by Requirement of Laws applicable Law or regulations or by any subpoena or similar legal process, provided that the Agent or such Lender, as applicable, agrees that it will notify the Borrower as soon as practicable in the event of any such disclosure by such person (other than at the request of a regulatory authority) unless such notification is prohibited by law, rule or regulation; (d) to any other party hereto, to this Agreement; (e) in connection with the exercise of any remedies hereunder or under any other Loan Document or any suit, action or proceeding relating to this Agreement or any other Loan Document or the enforcement of rights hereunder (including any actual or thereunder, prospective purchaser of Collateral); (f) subject to an agreement (including any electronic agreement contained in any Platform) containing provisions substantially the same as those of this SectionSection 11.18, to (i) any assignee Eligible Assignee of or Participant in, or any prospective assignee Eligible Assignee of or Participant in, any of its rights or obligations under this Agreement or any Eligible Assignee invited to be an Additional Commitment Lender; or Agreement, (ii) any actual direct or indirect contractual counterparty or prospective counterparty (or its advisorssuch contractual counterparty’s or prospective counterparty’s professional advisor) to any Hedge Agreement credit derivative transaction relating to the Obligations or (iii) any Person (and any of its officers, directors, employees, agents or advisors) that may enter into or support, directly or indirectly, or that may be considering entering into or supporting, directly or indirectly, either (A) contractual arrangements with such Agent or Lender, or any Affiliates thereof, pursuant to which all or any portion of the risks, rights, benefits or obligations under or with respect to any Loan Party and its obligationsor Financing Document is transferred to such Person or (B) an actual or proposed securitization or collateralization of, or similar transaction relating to, all or a part of any amounts payable to or for the benefit of any Lender under any Financing Document (including any rating agency); (g) with the consent of the any Borrower, ; (h) to the extent such Information (i) becomes publicly available other than as a result of a breach of this Section 11.18 or (ii) becomes available to any Agent, any Lender or any of their respective Affiliates on a nonconfidential basis from a source other than the Borrowers; (i) to any state, federal or foreign authority or examiner (including the National Association of Insurance Commissioners or any other similar organization) regulating any Lender; or (j) to any rating agency when required by it (it being understood that, prior to any such disclosure, such rating agency shall undertake to preserve the confidentiality of any Information relating to the Loan Parties Borrowers received by it from such Lender). In addition, any Agent and the Lenders may disclose the existence of this Agreement and information about this Agreement to market data collectors, similar service providers to the lending industry, and service providers to the Agents and the Lenders in connection with the administration and management of this Agreement, the other Financing Documents, the Commitments, and the Funding. For the purposes of this Section 11.18, “Information” means written information that any Borrower furnishes to any Agent or Lender after the Closing Date (and designated at the time of delivery thereof in writing as confidential) pursuant to or in connection with any Financing Document, relating to the assets and business of such Borrower, but does not include any such information that (i) is or becomes generally available to the extent such Information (i) becomes publicly available public other than as a result of a breach by such Agent or Lender of this Section or its obligations hereunder, (ii) is or becomes available to any Credit Party such Agent or any of their respective Affiliates on a non-confidential basis Lender from a source other than the Loan Parties and which source Borrowers that is not known by not, to the knowledge of such Agent or Lender to be subject to Lender, acting in violation of a confidentiality restriction in respect thereof in favor of obligation with such Borrower or (iii) is independently compiled by any Agent or Lender, as evidenced by their records, without the use of the Credit Parties or any Affiliate Information. Any Person required to maintain the confidentiality of Information as provided in this Section 11.18 shall be considered to have complied with its obligation to do so if such Person has exercised the Credit Partiessame degree of care to maintain the confidentiality of such Information as such Person would accord to its own confidential information.

Treatment of Certain Information; Confidentiality. Each of The Administrative Agent, the Credit Parties agrees Lenders and the L/C Issuer agree to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates, Approved Funds, Affiliates and to its and its Affiliates’ respective auditors and Approved Funds’ respective partners, directors, officers, employees, agents, funding sources, attorneys, advisors and representatives 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), (b) to the extent requested or required by any regulatory authority purporting to have jurisdiction over it such Person or its Related Parties (including any self-regulatory authority, such as the National Association of Insurance Commissioners), (c) to the extent required by Requirement of Laws applicable laws or regulations or by any subpoena or similar legal process, process (except that the parties agree to the extent permitted that they will not disclose information of the kind described by s275(1) of the PPSA except as permitted by any other provision of this clause or required by another law or regulation); provided that the Agent Administrative Agent, the Lenders and the L/C Issuer will, to the extent practicable, promptly provide Holdings with an opportunity to seek a protective order or such Lenderother measure ensuring confidential treatment of the Information, as applicable, agrees that it will notify the Borrower as soon as practicable in the event of any such disclosure by such person (other than at the request of a regulatory authority) unless such notification is prohibited by law, rule or regulation; (d) to any other party hereto, (e) in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder, (f) subject to an agreement (including any electronic agreement contained in any Platform) containing provisions substantially the same as those of this SectionSection 11.07, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights or obligations under this Agreement or any Eligible Assignee invited to be an Additional Commitment Lender; or a Lender (it being understood that Persons to whom such disclosure is made will be informed of the confidential nature of such Information and agree to keep such Information confidential), (ii) any direct, indirect, actual or prospective counterparty (or its advisors) to any Hedge Agreement swap, derivative or securitization transaction relating to any Loan Party Borrower and its obligations, or (iii) to any credit insurance provider relating to any Borrower and its obligations, (g) with the consent of the Borrower, Holdings or (h) to any rating agency when required by it (it being understood that, prior to any such disclosure, such rating agency shall undertake to preserve the confidentiality of any Information relating to the Loan Parties received by it from such Lender) or (i) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section 11.07 or (iiy) becomes available to the Administrative Agent, any Credit Party Lender, the L/C Issuer or any of their respective Affiliates on a non-confidential basis from a source other than Holdings or any of its Subsidiaries other than as a result of a breach of a confidentiality agreement or fiduciary duty of which the Loan Parties and which source is not known by such Administrative Agent or the applicable Lender or the L/C Issuer has actual knowledge. In addition, the Administrative Agent and the Lenders may disclose the existence of this Agreement and information about this Agreement to be subject market data collectors, similar service providers to a confidentiality restriction the lending industry and service providers to the Agents and the Lenders in respect thereof in favor connection with the administration of any of this Agreement, the Credit Parties or any Affiliate of other Loan Documents, and the Credit PartiesCommitments.

Treatment of Certain Information; Confidentiality. Each of the Credit Parties Administrative Agent, the Lenders and the L/C Issuer agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) on a confidential and need-to-know basis to its Affiliates, Approved Funds, Affiliates and to its and its Affiliates’ and Approved Funds’ respective partners, directors, officers, employees, agents, funding sources, attorneys, 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), (b) to the extent requested by any regulatory authority purporting to have jurisdiction over it (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (in which case such Person, to the extent permitted by law and except where such disclosure is made in the course of routine audits or reviews by regulatory or self-regulatory authorities, shall inform the Borrower promptly) or to any Federal Reserve Bank or central bank in connection with a pledge or assignment pursuant to Section 10.06(f), (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 Requirement applicable laws (including for purposes of Laws establishing a “due diligence” defense) or regulations or by any subpoena or similar legal processprocess (in which case such Person, provided that to the Agent or such Lender, as applicable, agrees that it will notify the Borrower as soon as practicable in the event of any such disclosure by such person (other than at the request of a regulatory authority) unless such notification is prohibited extent permitted by law, rule or regulation; shall inform the Borrower promptly), (d) to any other party hereto, (e) in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder, (f) subject to an agreement (including any electronic agreement contained in any Platform) containing provisions substantially the same as those of this SectionSection 10.07, to (i) any permitted assignee of or Participant in, or any prospective permitted assignee of or Participant in, any of its rights or obligations under this Agreement or any Eligible Assignee invited to be an Lender of Additional Commitment Lender; Term Loans or any potential Lender of Additional Term Loans or (ii) any actual or prospective counterparty (or its advisors) to any Hedge Agreement swap or derivative transaction relating to any Loan Party the Borrower and its obligations, (g) with the consent of the Borrower, Borrower or (h) to any rating agency when required by it (it being understood that, prior to any such disclosure, such rating agency shall undertake to preserve the confidentiality of any Information relating to the Loan Parties received by it from such Lender) or (i) to the extent such Information (i) becomes publicly available other than as a result of a breach of this Section or Section, (ii) becomes available to the Administrative Agent, any Credit Party Lender, the L/C Issuer or any of their respective Affiliates on a non-confidential basis that to its knowledge is nonconfidential from a source other than the Loan Parties and which source Borrower or (iii) is not known independently developed by such Agent or Lender to be subject to a confidentiality restriction in respect thereof in favor of any of the Credit Parties or any Affiliate of the Credit PartiesPerson.

Treatment of Certain Information; Confidentiality. Each of the Credit Parties Administrative Agent, the Lenders and the L/C Issuer agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) on a confidential and need-to-know basis to its Affiliates, Approved Funds, Affiliates and to its and its Affiliates’ and Approved Funds’ respective partners, directors, officers, employees, agents, funding sources, attorneys, 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), (b) to the extent requested by any regulatory authority purporting to have jurisdiction over it (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (in which case such Person, to the extent permitted by 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 Requirement applicable laws (including for purposes of Laws establishing a “due diligence” defense) or regulations or by any subpoena or similar legal processprocess (in which case such Person, provided that to the Agent or such Lender, as applicable, agrees that it will notify the Borrower as soon as practicable in the event of any such disclosure by such person (other than at the request of a regulatory authority) unless such notification is prohibited extent permitted by law, rule or regulation; shall inform the Borrower promptly), (d) to any other party hereto, (e) in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder, (f) subject to an agreement (including any electronic agreement contained in any Platform) containing provisions substantially the same as those of this SectionSection 10.07, to (i) any permitted assignee of or Participant in, or any prospective permitted assignee of or Participant in, any of its rights or obligations under this Agreement or any Eligible Assignee invited to be an Additional Commitment Lender; Lender or any potential Additional Lender or (ii) any actual or prospective counterparty (or its advisors) to any Hedge Agreement swap or derivative transaction relating to any Loan Party the Borrower and its obligations, (g) with the consent of the Borrower, Borrower or (h) to any rating agency when required by it (it being understood that, prior to any such disclosure, such rating agency shall undertake to preserve the confidentiality of any Information relating to the Loan Parties received by it from such Lender) or (i) to the extent such Information (i) becomes publicly available other than as a result of a breach of this Section or Section, (ii) becomes available to the Administrative Agent, any Credit Party Lender, the L/C Issuer or any of their respective Affiliates on a non-confidential nonconfidential basis from a source other than the Loan Parties and which source Borrower or (iii) is not known independently developed by such Agent or Lender to be subject to a confidentiality restriction in respect thereof in favor of any of the Credit Parties or any Affiliate of the Credit PartiesPerson.

Treatment of Certain Information; Confidentiality. Each of Administrative Agent, the Credit Parties Lenders and the L/C Issuers agrees to maintain in accordance with its customary procedures for maintaining confidential information the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates, Approved Funds, Affiliates and the L/C Issuer and to its and its, its Affiliates’ and Approved Funds’ L/C Issuer’s respective partners, investors, lenders, directors, officers, employees, agents, funding sourcesadvisors, attorneys, advisors attorneys and representatives on a need to know basis in connection with the transactions hereunder (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), (b) on a confidential basis, to the extent requested by any regulatory authority purporting to have jurisdiction over it (including any self-regulatory authority), such as the National Association of Insurance Commissioners) and any Rating Agency, (c) to the extent required by Requirement of applicable Laws or regulations or by any subpoena or similar legal processprocess or demanded by any Governmental Authority (including, provided without limitation, in connection with filings, submissions and any other similar documentation required or customary to comply with Securities and Exchange Commission filing requirements), provided, that unless specifically prohibited by applicable Law or court order, each of Administrative Agent, the Agent or such Lender, as applicable, agrees that it will Lenders and the L/C Issuers shall make reasonable efforts to notify the Borrower as soon as practicable in the event of any such disclosure request by such person any Governmental Authority or representative thereof (other than at any such request in connection with any examination of the request financial condition or other routine examination of a regulatory authoritysuch Lender by such Governmental Authority) unless for disclosure of any Information prior to disclosure of such notification is prohibited by lawInformation, rule or regulation; (d) to any other party hereto, (e) in connection with the exercise of of, or preparing to exercise, any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Agreement or any other Loan Document or the enforcement of of, or preparing to enforce, rights hereunder or thereunder, (fe) subject to an agreement (including any electronic agreement contained in any Platform) containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant participant in, or any prospective assignee of or Participant participant in, any of its rights or obligations under this Agreement or any Eligible Assignee invited to be an Additional Commitment Lender; or Agreement, (ii) any actual or prospective counterparty (or its advisors) to any Hedge Agreement swap or derivative transaction relating to Borrower or (iii) to any Loan Party and its obligationsactual or potential insurer or reinsurer, (gf) with the consent of the BorrowerXxxxxxxx, (h) to any rating agency when required by it (it being understood that, prior to any such disclosure, such rating agency shall undertake to preserve the confidentiality of any Information relating to the Loan Parties received by it from such Lender) or (ig) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section or (iiy) becomes available to Administrative Agent, any Credit Party Lender or any of their respective Affiliates L/C Issuer, on a non-confidential basis from a source other than the Loan Parties and which source is not known by such Agent or Lender any of their respective Affiliates or representatives, (h) to be subject the extent necessary or customary for inclusion in league table measurements or in any tombstone, (i) on a confidential basis, to the National Association of Insurance Commissioners or any similar organization, any examiner or any Rating Agency, (j) to a confidentiality restriction Person that is an investor or prospective investor in respect thereof a securitization or other financing, separate account or commingled fund so long as such investor or prospective investor agrees that its access to Information regarding the Loan Parties and the Loans and Commitments is solely for purposes of evaluating an investment in favor such securitization or other financing, separate account or commingled fund and who agrees to treat such Information as confidential, (k) to a Person that is a trustee, collateral agent, collateral manager, servicer, noteholder, equity holder or secured party in a securitization in connection with the administration, servicing and evaluation of, and reporting on, the assets serving as collateral for such securitization and who agrees (along with any investors in any such securitization) to treat such Information as confidential or (l) otherwise to the extent consisting of general portfolio information that does not identify borrowers; provided, that nothing in this Agreement shall restrict or impede any of the Credit Parties or person from reporting possible legal violations to any Affiliate of the Credit Partiesregulatory authority.

Treatment of Certain Information; Confidentiality. Each of the Credit Parties Administrative Agent and the Lenders agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates, Approved Funds, Affiliates and to its and its Affiliates’ and Approved Funds’ respective partners, directors, officers, employees, agents, funding sources, attorneys, advisors and representatives 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), (b) to the extent required or requested by any regulatory authority purporting to have jurisdiction over it (such Person or its Related Parties, including any self-regulatory authority, such as the National Association of Insurance Commissioners (in which case such Administrative Agent or Lender shall (i) except with respect to any audit or examination conducted by bank accountants or any Governmental Authority exercising examination or regulatory authority, to the extent permitted by Law, 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 Requirement of applicable Laws or regulations or by any subpoena or similar legal process, provided that the process (in which case such Administrative Agent or such LenderLender shall (i) to the extent permitted by Law, as applicable, agrees that it will notify endeavor to inform the Borrower promptly in advance thereof, and in any event, as soon as practicable in the event of practical and (ii) use commercially reasonable efforts to ensure that any such disclosure by such person (other than at the request of a regulatory authority) unless such notification Information so disclosed is prohibited by lawaccorded confidential treatment), rule or regulation; (d) to any other party hereto, (e) to 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 Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder, (f) subject to an agreement (including any electronic agreement contained in any Platform) containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights or and obligations under this Agreement or any Eligible Assignee invited to be an Additional Commitment Lender; or (ii) any actual or prospective counterparty party (or its advisorsRelated Parties) to any Hedge Agreement relating swap, derivative or other transaction under which payments are to any Loan Party be made by reference to the Borrower and its obligations, this Agreement or payments 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 Borrower or the 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 facilities provided hereunder, (h) with the consent of the Borrower, (h) to any rating agency when required by it (it being understood that, prior to any such disclosure, such rating agency shall undertake to preserve the confidentiality of any Information relating to the Loan Parties received by it from such Lender) or (i) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section or (iiy) becomes available to the Administrative Agent, any Credit Party Lender or any of their respective Affiliates on a non-confidential nonconfidential basis from a source other than the Loan Parties and which source is not known by such Agent Borrower or Lender (j) to be subject to a confidentiality restriction in respect thereof in favor of any of data service providers, including league table providers, that serve the Credit Parties or any Affiliate of the Credit Partieslending industry.

Treatment of Certain Information; Confidentiality. Each of the Credit Parties agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) The Borrower acknowledges that (i) services may be offered or provided to its Affiliates, Approved Funds, it (in connection with this Agreement or otherwise) by each Lender or by one or more subsidiaries or affiliates of such Lender and (ii) information delivered to its each Lender by the Borrower and its Affiliates’ Subsidiaries may be provided to each such Subsidiary and Approved Funds’ respective partnersAffiliate, it being understood that any such Subsidiary or Affiliate receiving such information shall be bound by the provisions of clause (b) below as if it were a Lender hereunder. (b) Each Lender and the Agent agrees (on behalf of itself and each of its affiliates, directors, officers, employees, agents, funding sources, attorneys, advisors employees and representatives (it being understood that the Persons representatives) to whom such disclosure is made will be informed of the confidential nature of such Information and instructed use reasonable precautions to keep confidential, in accordance with their customary procedures for handling confidential information of this nature and in accordance with safe and sound banking practices, any non-public information supplied to it by the Borrower pursuant to this Agreement, provided that nothing herein shall limit the disclosure of any such Information confidential), information (b) to the extent requested by any regulatory authority purporting to have jurisdiction over it (including any self-regulatory authority), (ci) to the extent required by Requirement of Laws statue, rule, regulation or regulations or by any subpoena or similar legal judicial process, provided that (ii) to counsel for any of the Lenders or the Agent, (iii) to bank examiners, auditors or accountants, (iv) to the Agent or any other Lender (or to First Chicago Capital Markets, Inc.), (v) in connection with any litigation to which any one or more of the Lenders or the Agent is a party, (vi) to a subsidiary or affiliate of such LenderLender as provided in clause (a) above, (vii) to any assignee or participant (or prospective assignee or participant) so long as applicablesuch assignee or participant (or prospective assignee or participant) agrees with the respective Lender to keep such information confidential on substantially the terms set forth in this Section 9.17(b), agrees that it will notify the Borrower as soon as practicable in the event of any such disclosure by such person (other than at the request of a regulatory authority) unless such notification is prohibited by law, rule or regulation; (dviii) to any other party hereto, (e) Person as may be reasonably --------------- required in connection with the exercise course of the enforcement of any Lender's rights or remedies hereunder or under any other Loan Document of such Lender's Note, or any action or proceeding relating (ix) to this Agreement or any other Loan Document creditor of the Borrower or the enforcement of rights hereunder or thereunder, (f) subject to an agreement (including any electronic agreement contained in any Platform) containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights Subsidiaries at any time during the continuance of a Default; provided that in no event shall any Lender or obligations under this Agreement the Agent be obligated or -------- required to return any Eligible Assignee invited to be an Additional Commitment Lender; or (ii) any actual or prospective counterparty (or its advisors) to any Hedge Agreement relating to any Loan Party and its obligations, (g) with the consent of materials furnished by the Borrower, (h) to any rating agency when required by it (it being understood that, prior to any such disclosure, such rating agency shall undertake to preserve the confidentiality of any Information relating to the Loan Parties received by it from such Lender) or (i) to the extent such Information (i) becomes publicly available other than as a result of a breach of this Section or (ii) becomes available to any Credit Party or any of their respective Affiliates on a non-confidential basis from a source other than the Loan Parties and which source is not known by such Agent or Lender to be subject to a confidentiality restriction in respect thereof in favor of any of the Credit Parties or any Affiliate of the Credit Parties.

Treatment of Certain Information; Confidentiality. Each of Administrative Agent, the Credit Parties Lenders and the L/C Issuers agrees to maintain in accordance with its customary procedures for maintaining confidential information the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates, Approved Funds, Affiliates and the L/C Issuer and to its and its, its Affiliates’ and Approved Funds’ L/C Issuer’s respective partners, investors, lenders, directors, officers, employees, agents, funding sourcesadvisors, attorneys, advisors attorneys and representatives on a need to know basis in connection with the transactions hereunder (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), (b) on a confidential basis, to the extent requested by any regulatory authority purporting to have jurisdiction over it (including any self-regulatory authority), such as the National Association of Insurance Commissioners) and any Rating Agency, (c) to the extent required by Requirement of applicable Laws or regulations or by any subpoena or similar legal processprocess or demanded by any Governmental Authority (including, provided without limitation, in connection with filings, submissions and any other similar documentation required or customary to comply with Securities and Exchange Commission filing requirements), provided, that unless specifically prohibited by applicable Law or court order, each of Administrative Agent, the Agent or such Lender, as applicable, agrees that it will Lenders and the L/C Issuers shall make reasonable efforts to notify the Borrower as soon as practicable in the event of any such disclosure request by such person any Governmental Authority or representative thereof (other than at any such request in connection with any examination of the request financial condition or other routine examination of a regulatory authoritysuch Lender by such Governmental Authority) unless for disclosure of any Information prior to disclosure of such notification is prohibited by lawInformation, rule or regulation; (d) to any other party hereto, (e) in connection with the exercise of of, or preparing to exercise, any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Agreement or any other Loan Document or the enforcement of of, or preparing to enforce, rights hereunder or thereunder, (fe) subject to an agreement (including any electronic agreement contained in any Platform) containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant participant in, or any prospective assignee of or Participant participant in, any of its rights or obligations under this Agreement or any Eligible Assignee invited to be an Additional Commitment Lender; or (ii) any actual or prospective counterparty (or its advisors) to any Hedge Agreement swap or derivative transaction relating to any Loan Party and its obligationsBorrower, (gf) with the consent of the Borrower, (h) to any rating agency when required by it (it being understood that, prior to any such disclosure, such rating agency shall undertake to preserve the confidentiality of any Information relating to the Loan Parties received by it from such Lender) or (ig) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section or (iiy) becomes available to Administrative Agent, any Credit Party Lender or any of their respective Affiliates L/C Issuer, on a non-confidential basis from a source other than the Loan Parties and which source is not known by such Agent or Lender any of their respective Affiliates or representatives, (h) to be subject the extent necessary or customary for inclusion in league table measurements or in any tombstone, (i) on a confidential basis, to the National Association of Insurance Commissioners or any similar organization, any examiner or any Rating Agency, (j) to a confidentiality restriction Person that is an investor or prospective investor in respect thereof a securitization or other financing, separate account or commingled fund so long as such investor or prospective investor agrees that its access to Information regarding the Loan Parties and the Loans and Commitments is solely for purposes of evaluating an investment in favor such securitization or other financing, separate account or commingled fund and who agrees to treat such Information as confidential, (k) to a Person that is a trustee, collateral agent, collateral manager, servicer, noteholder, equity holder or secured party in a securitization in connection with the administration, servicing and evaluation of, and reporting on, the assets serving as collateral for such securitization and who agrees (along with any investors in any such securitization) to treat such Information as confidential or (l) otherwise to the extent consisting of any of the Credit Parties or any Affiliate of the Credit Partiesgeneral portfolio information that does not identify borrowers.

Treatment of Certain Information; Confidentiality. Each of the Credit Parties Administrative Agent, the Lenders and the L/C Issuer agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates, Approved Funds, Affiliates and to its and its Affiliates’ and Approved Funds’ respective partners, directors, officers, employees, agents, funding sources, attorneys, 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), (b) to the extent requested by any regulatory authority purporting to have jurisdiction over it (including any self-regulatory authority, such as the National Association of Insurance Commissioners), (c) to the extent required by Requirement of Laws applicable laws or regulations or by any subpoena or similar legal process, provided that the Agent or such Lender, as applicable, agrees that it will notify the Borrower as soon as practicable in the event of any such disclosure by such person (other than at the request of a regulatory authority) unless such notification is prohibited by law, rule or regulation; (d) to any other party hereto, (e) in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder, (f) subject to an agreement (including any electronic agreement contained in any Platform) containing provisions substantially the same as (or at least as restrictive as) those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights or obligations under this Agreement or any Eligible Assignee invited to be an Additional Commitment Lender; or (ii) any actual or prospective counterparty (or its advisors) to any Hedge Agreement swap or derivative transaction relating to any a Loan Party and its obligations, (g) on a confidential basis to (i) any rating agency in connection with rating the Parent or any of its Subsidiaries or the 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 facilities provided hereunder, (h) with the consent of the BorrowerCompany, (hi) to any rating agency when required by it (it being understood that, prior to any such disclosure, such rating agency shall undertake to preserve the confidentiality of any Information actual or prospective credit insurance provider relating to the Loan Parties received by it from such Lender) Borrowers and their obligations, or (ij) to the extent such Information (i) becomes publicly available other than as a result of a breach of this Section or (ii) becomes available to the Administrative Agent, any Credit Party Lender, the L/C Issuer or any of their respective Affiliates on a non-confidential nonconfidential basis from a source other than the Loan Parties and which source is not known by such Agent or Lender to be subject to a confidentiality restriction in respect thereof in favor of any of the Credit Parties or any Affiliate of the Credit PartiesCompany.

Treatment of Certain Information; Confidentiality. Each of the Credit Parties Administrative Agent, the Lenders and the L/C Issuer agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates, Approved Funds, and to its and its Affiliates’ and Approved Funds’ respective partners, directors, officers, employees, employees and agents, funding sourcesincluding accountants, attorneys, legal counsel and other 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), ; (b) to the extent requested by any regulatory authority purporting to have jurisdiction over it (including any self-regulatory authority), ; (c) to the extent required by Requirement of Laws applicable laws or regulations or by any subpoena or similar legal processprocess (each of the Administrative Agent, provided that the Agent or such Lender, as applicable, Lenders and the L/C Issuer agrees that it will notify the Borrower as soon as practicable in the event to provide notice of any such disclosure requirement to the Borrower and, to the extent reasonably requested by the Borrower, cooperate with the Borrower and its Subsidiaries if the Borrower or any of its Subsidiaries seeks to have such person (other than at the request of Information subject to a regulatory authority) unless such notification is prohibited by law, rule or regulationprotective order); (d) to any other party hereto, to this Agreement; (e) in connection with the exercise of any remedies hereunder or under any other Loan Document or any suit, action or proceeding relating to this Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder, hereunder; (f) subject to an agreement (including any electronic agreement contained in any Platform) containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant participant in, or any prospective assignee of or Participant participant in, any of its rights or obligations under this Agreement or any Eligible Assignee invited to be an Additional Commitment Lender; or (ii) any actual direct or indirect contractual counterparty or prospective counterparty (or its advisorssuch contractual counterparty’s or prospective counterparty’s professional advisor) to any Hedge Agreement credit derivative transaction relating to any obligations of the Loan Party and its obligations, Parties; (g) with the consent of the Borrower, ; (h) to any rating agency when required by it (it being understood that, prior to any such disclosure, such rating agency shall undertake to preserve the confidentiality of any Information relating to the Loan Parties received by it from such Lender) or (i) to the extent such Information (i) becomes publicly available other than as a result of a breach of this Section or (ii) becomes available to any Credit Party or any the each of their respective Affiliates the Administrative Agent, the Lenders and the L/C Issuer on a non-confidential nonconfidential basis from a source other than the Loan Parties and which source is not known by such Agent Parties; or Lender (i) to be subject the National Association of Insurance Commissioners or any other similar organization or any nationally recognized rating agency that requires access to a confidentiality restriction in respect thereof in favor information about the investment portfolio of the Administrative Agent, the L/C Issuer or any of the Lenders or their Affiliates in connection with ratings issued with respect to the such Person. In addition, the each of the Administrative Agent, the Lenders and the L/C Issuer may disclose the existence of this Agreement and information about this Agreement to market data collectors, similar service providers to the lending industry, and service providers to the each of the Administrative Agent, the Lenders and the L/C Issuer in connection with the administration and management of this Agreement, the other Loan Documents, the Commitments, and the Credit Parties Extensions. For the purposes of this Section, “Information” means all information received from any Loan Party or any Affiliate Subsidiary relating to any Loan Party or any Subsidiary or its business, other than any such information that is available to the on a nonconfidential basis prior to disclosure by any Loan Party or any Subsidiary; provided that, in the case of information received from a Loan Party or any Subsidiary after the Credit Partiesdate hereof, such information is clearly identified in writing 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.

Treatment of Certain Information; Confidentiality. Each The P1 Administrative Agent, the P1 Collateral Agent, each of the Credit Parties Senior Lenders and the Revolving LC Issuing Bank agrees to maintain the confidentiality of the Information (as defined below)Credit Agreement Information, except that Credit Agreement Information may be disclosed (a) to its Affiliates, Approved Funds, Affiliates (including branches) and to its and its Affiliates’ and Approved Funds’ respective shareholders, members, partners, directors, officers, employees, agents, funding sourcesadvisors, attorneysauditors, advisors service providers and representatives (it being understood provided, that the Persons to whom such disclosure is made will be informed prior to disclosure of the confidential nature of such Credit Agreement Information and instructed to keep such Credit Agreement Information confidential), ; (b) to the extent requested or required by any regulatory authority purporting to have jurisdiction over it (including or to any self-regulatory authorityFederal Reserve Bank or central bank in connection with a pledge or assignment pursuant to Section 14.4(e), ; (c) to the extent required by Requirement of Laws applicable Government Rule or regulations or by any subpoena or similar legal process, provided that the Agent or such Lender, as applicable, agrees that it will notify the Borrower as soon as practicable in the event of any such disclosure by such person (other than at the request of a regulatory authority) unless such notification is prohibited by law, rule or regulation; (d) to any other party hereto, to this Agreement; (e) in connection with the exercise of any remedies hereunder or under any other Loan P1 Financing Document or any suit, action or proceeding relating to this Agreement or any other Loan P1 Financing Document or the enforcement of rights hereunder or thereunder, thereunder (including any actual or prospective purchaser of Collateral); (f) subject to an agreement (including any electronic agreement contained in any Platform) containing provisions substantially the same as those of this SectionSection 14.17, to (i) any assignee Eligible Assignee of or Participant in, or any prospective assignee Eligible Assignee of or Participant in, any of its rights or obligations under this Agreement (or any such Eligible Assignee invited to be an Additional Commitment Lender; or Participant’s or prospective Eligible Assignee or Participant’s professional advisor), (ii) any actual direct or indirect contractual counterparty or prospective counterparty (or its advisorssuch contractual counterparty’s or prospective counterparty’s professional advisor) to any Hedge Agreement credit derivative transaction relating to obligations of the Borrower, or (iii) any Person (and any of its officers, directors, employees, agents or advisors) that may enter into or support, directly or indirectly, or that may be considering entering into or supporting, directly or indirectly, either (A) contractual arrangements with the P1 Administrative Agent, the P1 Collateral Agent, such Senior Lender, or the Revolving LC Issuing Bank or any Affiliates thereof, pursuant to which all or any portion of the risks, rights, benefits or obligations under or with respect to any Senior Loan Party and its obligationsor P1 Financing Document is transferred to such Person or (B) an actual or proposed securitization or collateralization of, or similar transaction relating to, all or a part of any amounts payable to or for the benefit of any Senior Lender under any P1 Financing Document (including any rating agency); (g) with the consent of the BorrowerBorrower (which consent shall not unreasonably be withheld, conditioned or delayed); (h) to any state, federal or foreign authority or examiner (including the National Association of Insurance Commissioners or any other similar organization) regulating the P1 Administrative Agent, the P1 Collateral Agent, any Senior Lender or the Revolving LC Issuing Bank or any of their respective Affiliates; (i) to any rating agency when required by it (it being understood that, prior to any such disclosure, such rating agency shall undertake to preserve the confidentiality of any Credit Agreement Information relating to the Loan Parties Borrower received by it from such any Senior Lender) , the Revolving LC Issuing Bank, the P1 Administrative Agent or the P1 Collateral Agent, as applicable); or (ij) to any party providing (and any brokers arranging) any Credit Agreement Senior Secured Party insurance or reinsurance or other direct or indirect credit protection (including credit default swaps) with respect to its Senior Loans or Revolving LCs. In addition, the extent such Information (i) becomes publicly available P1 Administrative Agent, the P1 Collateral Agent, any Senior Lender or the Revolving LC Issuing Bank may disclose the existence of this Agreement and information about this Agreement to market data collectors, similar service providers to the lending industry, and service providers to the P1 Administrative Agent, the P1 Collateral Agent, the Senior Lenders and the Revolving LC Issuing Bank in connection with the numbering, administration, settlement and management of this Agreement, the other than as a result of a breach P1 Financing Documents, the Senior Loan Commitments, and the Senior Loan Borrowings. For the purposes of this Section or (ii) becomes available to any Credit Party or any of their respective Affiliates on a non-confidential basis from a source other than the Loan Parties and which source is not known by such Agent or Lender to be subject to a confidentiality restriction in respect thereof in favor of any of the Credit Parties or any Affiliate of the Credit Parties.14.17, “

Treatment of Certain Information; Confidentiality. Each of the Credit Parties agrees Administrative Agent, the Lenders and the Issuing Lenders agree to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates, Approved Funds, Affiliates and to its and its Affiliates’ and Approved Funds’ respective partners, directors, officers, employees, agents, funding sources, attorneys, advisors and representatives 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 confidentialconfidential in accordance with this Section 10.07), (b) to the extent required or requested by any regulatory authority purporting to have jurisdiction over it 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, the Lender or the Issuing Lender, as applicable, shall use commercially reasonable efforts to promptly notify the Borrower to the extent permitted by Applicable Law), (c) to the extent required by Requirement of Laws applicable laws or regulations or by any subpoena or similar legal processprocess (in which case the Administrative Agent, provided that the Agent Lender or such the Issuing Lender, as applicable, agrees that it will shall use commercially reasonable efforts to promptly notify the Borrower as soon as practicable in to the event of any such disclosure extent permitted by such person (other than at the request of a regulatory authority) unless such notification is prohibited by lawApplicable Law), rule or regulation; (d) to any other party hereto, (e) 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 Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder, (f) subject to an agreement (including any electronic agreement contained in any Platform) containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights or and obligations under this Agreement or any Eligible Assignee invited to be an Additional Commitment Lender; a Lender pursuant to Section 2.14 or (ii) any actual or prospective counterparty party (or its advisorsRelated Parties) to any Hedge Agreement relating swap, derivative or other transaction under which payments are to any Loan Party be made by reference to the Borrower and its obligations, this Agreement or payments hereunder, (g) on a confidential basis to (i) any rating agency in connection with rating the Borrower or its Subsidiaries or the 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 facilities provided hereunder, (h) with the consent of the Borrower, (h) to any rating agency when required by it (it being understood that, prior to any such disclosure, such rating agency shall undertake to preserve the confidentiality of any Information relating to the Loan Parties received by it from such Lender) Borrower or (i) to the extent such Information (i) becomes publicly available other than as a result of a breach of this Section or (ii) becomes available to the Administrative Agent, any Credit Party Lender, any Issuing Lender or any of their respective Affiliates on a non-confidential basis from a source other than the Borrower. In addition, the Administrative Agent and the Lenders may disclose the existence of this Agreement and information about this Agreement to market data collectors, similar service providers to the lending industry and service providers to the Agents and the Lenders in connection with the administration of this Agreement, the other Loan Parties Documents, and which source is not known by such Agent or Lender to be subject to a confidentiality restriction in respect thereof in favor of any of the Credit Parties or any Affiliate of the Credit PartiesCommitments.

Treatment of Certain Information; Confidentiality. Each of the Credit Parties Administrative Agent, the Lenders and the L/C Issuer agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates, Approved Funds, Affiliates and to its and its Affiliates’ and Approved Funds’ respective partners, directors, officers, employees, agents, funding sources, attorneystrustees, 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), (b) to the extent requested by any regulatory authority purporting to have jurisdiction over it (including any self-regulatory authority, such as the National Association of Insurance Commissioners), (c) to the extent required by Requirement of Laws applicable laws or regulations or by any subpoena or similar legal process, provided that the Agent or such Lender, as applicable, agrees that it will disclosing party shall use commercially reasonable efforts to notify the Borrower as soon as practicable in Company prior to the event of any such disclosure by such person (other than at the request of a regulatory authority) thereof unless such notification is prohibited by lawapplicable Law, rule or regulation; (d) to any other party hereto, (e) in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder, (f) subject to an agreement (including any electronic agreement contained in any Platform) containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights or obligations under this Agreement or any Eligible Assignee invited to be an Additional Commitment Lender; or (ii) any actual or prospective counterparty (or its advisors) to any Hedge Agreement swap or derivative transaction relating to any Loan Party a Borrower and its obligations, (g) with the consent of the Borrower, Company or (h) to any rating agency when required by it (it being understood that, prior to any such disclosure, such rating agency shall undertake to preserve the confidentiality of any Information relating to the Loan Parties received by it from such Lender) or (i) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section or (iiy) becomes available to the Administrative Agent, For purposes of this Section, “Information” means all information received from the Company or any Credit Party Subsidiary relating to the Company or any Subsidiary or any of their respective Affiliates 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. 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 the L/C Issuer acknowledges that (a) the Information may include material non-confidential basis from public information concerning the Company or a source other than Subsidiary, as the Loan Parties case may be, (b) it has developed compliance procedures regarding the use of material non-public information and which source is not known by (c) it will handle such Agent or Lender to be subject to a confidentiality restriction material non-public information in respect thereof in favor of any of the Credit Parties or any Affiliate of the Credit Partiesaccordance with applicable Law, including United States federal and state securities Laws.

Treatment of Certain Information; Confidentiality. Each of the Credit Parties agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates, Approved Funds, and to its and its Affiliates’ and Approved Funds’ respective partners, directors, officers, employees, agents, funding sources, attorneys, 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), (b) to the extent required or requested by any regulatory authority purporting to have jurisdiction over it [it]such Person (including any self-regulatory authorityauthority such as the National Association of Insurance Commissioners), (c) to the extent required by Requirement of Laws or regulations or by any subpoena or similar legal process, provided that the Agent or such Lender, as applicable, agrees that it will notify the Borrower as soon as practicable in the event of any such disclosure by such person (other than at the request of a regulatory authority) unless such notification is prohibited by law, rule or regulation; (d) to any other party hereto, (e) in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder, (f) subject to an agreement (including any electronic agreement contained in any Platform) containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights or obligations under this Agreement or any Eligible Assignee invited to be an Additional Commitment Lender; or (ii) any actual or prospective counterparty (or its advisors) to any Hedge Agreement Swap Contract relating to any Loan Party and its obligations, (g) with the consent of the Borrower, Borrower or (h) to any rating agency when required by it (it being understood that, prior to any such disclosure, such rating agency shall undertake to preserve the confidentiality of any Information relating to the Loan Parties received by it from such Lender) or (i) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section or (iiy) becomes available to any Credit Party or any of their respective Affiliates on a non-confidential basis from a source other than the Loan Parties. For purposes of this Section, “Information” means all information received from the Loan Parties and which source or any Subsidiary thereof relating to the Loan Parties or any Subsidiary thereof or their respective businesses, other than any such information that is not known available to any Credit Party on a non-confidential basis prior to disclosure by the Loan Parties or any Subsidiary thereof, provided that, in the case of information received from any Loan Party or any Subsidiary after the Closing Date, such Agent or Lender 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 subject considered to a have complied with its obligation to do so if such Person has exercised the same degree of care to maintain the confidentiality restriction in respect thereof in favor of any such Information as such Person would accord to its own confidential information. Each of the Credit Parties acknowledges that (a) the Information may include material non-public information concerning the Loan Parties or any Affiliate a Subsidiary, as the case may be, (b) it has developed compliance procedures regarding the use of the Credit Partiesmaterial non-public information and (c) it will handle such material non-public information in accordance with Law, including federal and state securities Laws.

Treatment of Certain Information; Confidentiality. Each of the Credit Parties Administrative Agent, each Lender and the L/C Issuer agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates, Approved Funds, its auditors and to its and its Affiliates’ and Approved Funds’ respective partners, directors, officers, employees, agents, funding sources, attorneystrustees, 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), (b) to the extent requested by any regulatory authority purporting to have jurisdiction over it (including any self-regulatory authority, such as the National Association of Insurance Commissioners), (c) to the extent required by Requirement of Laws applicable laws or regulations or by any subpoena or similar legal processprocess (provided, provided that that, the Agent or such Lender, as applicable, agrees that it will disclosing party shall use commercially reasonable efforts to notify the Borrower as soon as practicable in Company prior to the event of any such disclosure by such person (other than at the request of a regulatory authority) thereof unless such notification is prohibited by lawapplicable Law), rule or regulation; (d) to any other party hereto, (e) in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder, (f) subject to an agreement (including any electronic agreement contained in any Platform) containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights or obligations under this Agreement or (including any Eligible Assignee Person invited to be become a Lender in connection with an Additional Commitment Lender; increase in the Revolving Credit Facility pursuant to Section 2.02(f)) or (ii) any actual or prospective counterparty (or its advisors) to any Hedge Agreement swap or derivative transaction relating to any Loan Party a Borrower and its obligations, (g) with the consent of the BorrowerCompany, (h) to any rating agency when required by it (it being understood that, prior to any such disclosure, such rating agency shall undertake to preserve the confidentiality of any Information relating to the Loan Parties received by it from such Lender) or (i) to the extent such Information (i) becomes publicly available other than as a result of a breach of this Section or Section, (ii) becomes available to the Administrative Agent, any Credit Party Lender, the L/C Issuer or any of their respective Affiliates on a non-confidential nonconfidential basis from a source other than the Company, or (iii) is independently discovered or developed by a party hereto without utilizing any Information received from the Borrowers or violating the terms of this Section, and (i) on a confidential basis to (i) any rating agency in connection with rating any Borrower or the credit facility provided hereunder, or (ii) the CUSIP Service Bureau or any similar agency in connection with the application, issuance, publishing and monitoring of CUSIP numbers or other market identifiers with respect to the credit facility provided hereunder. In addition, the Administrative Agent and the Lenders may disclose the existence of this Agreement and information about this Agreement to (A) market data collectors and similar service providers to the lending industry to the extent customary for purposes of inclusion in league table measurements or other similar reporting, and (B) service providers to the Administrative Agent and the Lenders in connection with the administration of this Agreement, the other Loan Parties Documents and which source is not known by such Agent or Lender to be subject to a confidentiality restriction the Commitments; provided, that, in respect thereof in favor of any the case of the Credit Parties or foregoing clause (B), to the extent any Affiliate Information is disclosed to such service providers, such service providers will be informed of the Credit Partiesconfidential nature of such Information and instructed to keep such Information confidential.

Treatment of Certain Information; Confidentiality. Each of the Credit Parties Administrative Agent, the Lenders and the L/C Issuers agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to a)to its Affiliates, Approved Funds, Affiliates and to its and its Affiliates’ and Approved Funds’ respective partners, directors, officers, employees, agents, funding sources, attorneys, advisors and representatives 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 confidentialconfidential and that the disclosing party shall be liable for the failure of any such Persons to adhere to the requirements of this ‎Section 10.07), ; (b) to b)to the extent requested by any regulatory authority purporting to have jurisdiction over it such Person or its Related Parties (including any self-regulatory authority, such as the National Association of Insurance Commissioners), ; (c) to c)to the extent required by Requirement of applicable Laws or regulations or by any subpoena or similar legal processprocess (provided that, provided that the Agent or such Lender, as applicable, agrees that it will notify the Borrower as soon as practicable except in the event case of any regulatory examination, written notice of such disclosure by such person (other than at the request of a regulatory authority) requirement or order shall be promptly furnished to Parent unless such notification notice is prohibited by law, rule or regulationlegally prohibited); (d) to d)to any other party hereto, ; (e) in e)in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder, ; (f) subject f)subject to an agreement (including any electronic agreement contained in any Platform) containing provisions substantially the same as those of this Section, to (i) any i)any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights or obligations under this Agreement or any Eligible Assignee invited to be an Additional Commitment LenderAgreement; or (ii) any ii)any actual or prospective counterparty (or its advisorsRelated Parties) to any Hedge Agreement swap or derivative transaction relating to any Loan Party the Borrowers and its their obligations, (g) g)with the prior consent of Parent; (h)on a confidential basis to (i)any rating agency in connection with rating Parent or its Subsidiaries or the credit facilities provided hereunder or (ii)the CUSIP Service Bureau or any similar agency in connection with the consent issuance and monitoring of the Borrower, (h) to any rating agency when required by it (it being understood that, prior to any such disclosure, such rating agency shall undertake to preserve the confidentiality of any Information relating CUSIP numbers or other market identifiers with respect to the Loan Parties received by it from such Lender) or credit facilities provided hereunder; and (i) to i)to the extent such Information (i) i)was or becomes publicly available other than as a result of a breach of this Section Section, (ii)was or becomes independently developed by the Administrative Agent, any Lender, any L/C Issuer or any of their respective Affiliates or (ii) iii)was or becomes available to the Administrative Agent, any Credit Party Lender, any L/C Issuer or any of their respective Affiliates on a non-confidential basis from a source other than the Loan Parties and which source Parent or any Subsidiary that is not known by itself, to the knowledge of such Agent or Lender to be subject to Person, in breach of a confidentiality restriction in respect thereof in favor of any of the Credit Parties obligation to Parent or any Affiliate Subsidiary in connection with the disclosure of the Credit Partiessuch Information.

Treatment of Certain Information; Confidentiality. Each of the Credit Parties Administrative Agent, the Lenders and the L/C Issuers agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates, Approved Funds, Affiliates and to its and its Affiliates’ and Approved Funds’ respective partners, directors, officers, employees, agents, funding sources, attorneys, advisors and representatives 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), (b) to the extent required or requested by any regulatory authority purporting to have jurisdiction over it such Person or its Related Parties (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (in which case such Person agrees, except with respect to any audit or examination conducted by such regulatory authority, to the extent permitted by applicable Law and such compulsory legal process, to use commercially reasonable efforts to inform the Borrower thereof), (c) to the extent required by Requirement of applicable Laws or regulations or by any subpoena or similar legal process (in which case such Person agrees, to the extent permitted by applicable Law and such compulsory legal process, provided that the Agent or such Lender, as applicable, agrees that it will notify to use commercially reasonable efforts to inform the Borrower as soon as practicable in the event of any such disclosure by such person (other than at the request of a regulatory authority) unless such notification is prohibited by lawthereof), rule or regulation; (d) to any other party hereto, (e) in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder, (f) subject to an agreement (including any electronic agreement contained in any Platform) containing provisions substantially the same as those of this SectionSection 11.21, to (i) any permitted assignee of or Participant in, or any prospective permitted assignee of or Participant in, any of its rights or and obligations under this Agreement or any Eligible Assignee invited to be an Additional Commitment Lender; or (ii) any actual or prospective counterparty party (or its advisorsRelated Parties) to any Hedge Agreement relating under which payments are to any Loan Party be made by reference to the Borrower and its obligations, this Agreement or payments hereunder, (g) on a confidential basis to the CUSIP Service Bureau or any similar agency in connection with the issuance and monitoring of CUSIP numbers with respect to the Credits, (h) with the consent of the Borrower, (h) to any rating agency when required by it (it being understood that, prior to any such disclosure, such rating agency shall undertake to preserve the confidentiality of any Information relating to the Loan Parties received by it from such Lender) or (i) to the extent such Information (iA) becomes publicly available other than as a result of a breach of this Section 11.21 or (iiB) becomes available to the Administrative Agent, any Credit Party Lender, any L/C Issuer or any of their respective Affiliates on a non-confidential nonconfidential basis from a source other than the Borrower or its Affiliates. Notwithstanding the foregoing, the Loan Parties consent to the publication by the Administrative Agent, the L/C Issuers and which source is not known by such Agent or Lender to be subject to a confidentiality restriction in respect thereof in favor the Lenders of any tombstones, press releases, advertising or other promotional materials (including via E-Transmission) relating to the financing transactions contemplated by this Agreement using any Loan Party’s name, product photographs, logo or trademark. The Administrative Agent, such L/C Issuer or such Lender shall provide a draft of any such press release, advertising or other promotional material to the Credit Borrower for review and comment prior to the publication thereof. The Loan Parties agree not to issue any press release or other public disclosure using the name or logo of or otherwise referring to the Administrative Agent, any L/C Issuer any Lender or any of their Affiliates, the Loan Documents, or any transaction contemplated thereby, without the Administrative Agent, the applicable L/C Issuer’s or applicable Lender’s prior consent, except to the extent required to do so under applicable Law and then only after consulting with the Administrative Agent, the applicable L/C Issuer or applicable Lender prior thereto. In addition, the Administrative Agent and the Lenders may disclose the existence of this Agreement and information about this Agreement to market data collectors, similar service providers to the lending industry and service providers to the Administrative Agent and the Lenders in connection with the administration of this Agreement, the other Loan Documents and the Commitments. For purposes of this Section 11.21, “Information” means all information received from any Loan Party relating to the Loan Parties or any Affiliate of their respective businesses, other than any such information that is available to the Credit PartiesAdministrative Agent, any Lender or any L/C Issuer on a nonconfidential basis prior to disclosure by any Loan Party or any of its Subsidiaries. Any Person required to maintain the confidentiality of Information as provided in this Section 11.21 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.

Treatment of Certain Information; Confidentiality. Each of the Credit Parties Administrative Agent, the L/C Issuer and the Lenders agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates, Approved Fundsjoint venture partners or to funds that are managed by Affiliates of such Lender, and to its such Lender’s and its Affiliatessuch Persons’ and Approved Funds’ respective partners, directors, officers, employees, agents, funding sources, attorneys, advisors and representatives 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), (b) to the extent required or requested by by, or required to be disclosed to, any regulatory or similar authority purporting to have jurisdiction over it such Person or its Related Parties (including any self-regulatory self‑regulatory authority, such as the National Association of Insurance Commissioners), (c) to the extent required by Requirement of Laws or regulations applicable Legal Requirements or by any subpoena or similar legal process, provided that the Agent or such Lender, as applicable, agrees that it will notify the Borrower as soon as practicable in the event of any such disclosure by such person (other than at the request of a regulatory authority) unless such notification is prohibited by law, rule or regulation; (d) to any other party hereto, (e) in connection with and at any time after the exercise of any remedies hereunder under this Agreement or under any other Loan Document Document, or any action or proceeding relating to this Agreement or any other Loan Document Document, or the enforcement of rights hereunder or thereunder, (f) subject to an agreement (including any electronic agreement contained in any Platform) containing provisions substantially the same as those following Persons to whom disclosure is made being informed of this Sectionthe confidential nature of such Information and instructed to keep such Information confidential, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights or and obligations under this Agreement or any Eligible Assignee invited to be an Additional Commitment Lender; or Agreement, (ii) any actual or prospective counterparty party (or its advisorsRelated Parties) to any Hedge Agreement relating swap, derivative or other transaction under which payments are to any Loan Party be made by reference to the Borrower and its obligations, this Agreement or payments hereunder, (iii) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund, (v) to a nationally recognized rating agency that requires access to information regarding the Borrower and its Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fund, and (vi) any actual or proposed credit facility for loans, letters of credit or other extensions of credit to or for the account of the Administrative Agent or any Lender or any of its Affiliates, to any Person providing or proposing to provide such loan, letter of credit or other extension of credit or any agent, trustee or representative of such Person, (g) on a confidential basis to (i) any rating agency in connection with rating the Borrower or its Subsidiaries or the Credits or (ii) the CUSIP Service Bureau or any similar agency in connection with the issuance and monitoring of CUSIP numbers with respect to the Credits, (h) with the consent of the Borrower, (hi) to any rating agency when required by it (it being understood that, prior to any such disclosureGold Sheets and other similar bank trade publications, such rating agency shall undertake information to preserve the confidentiality consist of any Information relating to the Loan Parties received by it from deal terms and other information customarily found in such Lender) or publications, (ij) to the extent such Information (i) becomes publicly available other than as a result of a breach of this Section 11.12 or (ii) becomes available to the Administrative Agent, any Credit Party Lender, the L/C Issuer or any of their respective Affiliates from a third party that is not, to such Person’s knowledge, subject to confidentiality obligations to the Borrower, (k) to governmental regulatory authorities in connection with any regulatory examination of the Administrative Agent or any Lender or in accordance with the Administrative Agent’s or any Lender’s regulatory compliance policy if the Administrative Agent or such Lender deems necessary for the mitigation of claims by those authorities against the Administrative Agent or such Lender or any of its subsidiaries or affiliates, (l) to the extent that such information is independently developed by such Person, or (m) for purposes of establishing a “due diligence” defense. For purposes of this Section 11.12, “Information” means all information received from any Loan Party or any Subsidiary thereof relating to any Loan Party or any Subsidiary thereof or any of their respective businesses, other than any such information that is available to the Administrative Agent or any Lender on a non-confidential non‑confidential basis prior to disclosure by any Loan Party or any Subsidiary thereof; provided that, in the case of information received from a source Loan Party or any Subsidiary thereof 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 11.12 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 anything to the contrary in this Agreement, the Administrative Agent may disclose information concerning the terms and conditions of this Agreement and the other than Loan Documents to loan syndication and pricing reporting services or in its marketing or promotional materials, with such information to consist of deal terms and other information customarily found in such publications or marketing or promotional materials and may otherwise use the name, logos, and other insignia of the Borrower or the Loan Parties and which source is not known by such Agent the Commitments provided hereunder in any “tombstone” or Lender to be subject to a confidentiality restriction other advertisements, on its website or in respect thereof in favor of any other marketing materials of the Credit Parties or any Affiliate of the Credit PartiesAdministrative Agent.

Treatment of Certain Information; Confidentiality. Each of the Credit Parties Administrative Agent, the Lenders and the Issuing Lenders agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates, Approved Funds, Affiliates and to its and its Affiliates’ and Approved Funds’ respective partners, directors, officers, employees, agents, funding sources, attorneys, advisors and representatives their 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), (b) to the extent required or requested by by, or required to be disclosed to, any regulatory or similar authority purporting to have jurisdiction over it such Person or its Related Parties (including any self-regulatory authority, such as the National Association of Insurance Commissioners), (c) to the extent required by Requirement of Applicable Laws or regulations or in any legal, judicial, administrative or other compulsory proceeding or process (in which case, the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, to the extent permitted by any subpoena or similar legal processApplicable Law, provided that the Agent or such Lender, as applicable, agrees that it will notify inform the Borrower as soon as practicable promptly in the event of any such disclosure by such person (other than at the request of a regulatory authority) unless such notification is prohibited by lawadvance thereof), rule or regulation; (d) to any other party hereto, (e) 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 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 (including any electronic agreement contained in any Platform) containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights or and obligations under this Agreement or any Eligible Assignee invited to be an Additional Commitment Lender; or Agreement, (ii) any actual or prospective counterparty party (or its advisorsRelated Parties) to any Hedge Agreement relating swap, derivative or other transaction under which payments are to any Loan Party be made by reference to the Borrower and its obligations, this Agreement or payments hereunder, (iii) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund, or (v) to a nationally recognized rating agency that requires access to information regarding Holdings and its 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 in connection with rating Holdings or its Subsidiaries or the Credit Facility or (ii) to 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 Borrower, (hi) to any rating agency when required by it (it being understood that, prior to any such disclosureGold Sheets and other similar bank trade publications, such rating agency shall undertake information to preserve the confidentiality consist of any Information relating to the Loan Parties received by it from deal terms and other information customarily found in such Lender) or publications, (ij) to the extent such Information (i) becomes publicly available other than as a result of a breach of this Section or (ii) becomes available to the Administrative Agent, any Credit Party 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 Holdings or the Borrower, (k) to governmental regulatory authorities in connection with any regulatory examination of the Administrative Agent or any Lender or in accordance with the Administrative Agent’s or any Lender’s regulatory compliance policy if the Administrative Agent or such Lender deems necessary for the mitigation of claims by those authorities against the Administrative Agent or such Lender or any of its subsidiaries or affiliates, (l) to the extent that such information is independently developed by the Administrative Agent, the applicable Lender or the applicable Issuing Lender, or (m) for purposes of establishing a “due diligence” defense. For purposes of this Section, “Information” means all information received from any Credit Party or any Subsidiary thereof relating to any Credit Party or any Subsidiary thereof or any of their respective businesses, other than any such information that is available to the Administrative Agent, any Lender or any Issuing Lender on a non-confidential nonconfidential basis prior to disclosure by any Credit Party or any Subsidiary thereof; provided that, in the case of information received from a source other than the Loan Parties and which source is not known by such Agent or Lender to be subject to a confidentiality restriction in respect thereof in favor of any of the Credit Parties Party or any Affiliate Subsidiary thereof after the date hereof, such information is clearly identified at the time of delivery as confidential. Any Person required to maintain the Credit Partiesconfidentiality 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.

Treatment of Certain Information; Confidentiality. Each of the Credit Parties Administrative Agent, the Lenders and the L/C Issuer agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates, Approved Funds, Affiliates and to its and its Affiliates’ and Approved Funds’ respective partners, directors, officers, employees, agents, funding sources, attorneys, 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 that the Administrative Agent, the Lenders or the L/C Issuer, as the case may be, shall be responsible for its Affiliates’ compliance with this paragraph, (b) to the extent requested by any regulatory authority purporting to have jurisdiction over it (including any self-regulatory authority, such as the National Association of Insurance Commissioners), (c) to the extent required by Requirement of Applicable Laws or regulations or by any subpoena or similar legal process, ; provided that unless specifically prohibited by Applicable Law or court order, each Lender and the Administrative Agent or such Lender, as applicable, agrees that it will shall promptly notify the Borrower as soon as practicable in the event advance of any such disclosure by such person (other than at the request of a regulatory authority) unless such notification is prohibited by lawdisclosure, rule or regulation; (d) to any other party hereto, (e) in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder, (f) subject to an agreement (including any electronic agreement contained in any Platform) containing provisions substantially the same as those of this SectionSection 10.23, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights or obligations under this Agreement or any Eligible Assignee invited to be an Additional Commitment Lender; or (ii) any actual or prospective counterparty (or its advisors) to any Hedge Agreement relating to any Loan Party the Borrower and its obligations, (g) with the consent of the Borrower, Borrower or (h) to any rating agency when required by it (it being understood that, prior to any such disclosure, such rating agency shall undertake to preserve the confidentiality of any Information relating to the Loan Parties received by it from such Lender) or (i) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section 10.23 or (iiy) becomes available to the Administrative Agent, any Credit Party Lender or any of their respective Affiliates on a non-confidential nonconfidential basis from a source other than the Loan Parties and which source Borrower (except to the extent that such Information was available to the Administrative Agent, 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 information that is not known by such 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 subject 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 confidentiality restriction in respect thereof in favor of (i) Prohibited Lender or (ii) any of their respective Affiliates or any of their and their Affiliates’ officers, directors or employees that (x) are engaged as principles primarily in private equity or venture capital on a proprietary bases (other than, in each case, such Affiliates engaged by the Credit Parties Borrower with respect to the Transactions and the private equity group affiliated with the GSLP Funds or any other debt fund affiliates or any advisors thereto) or (y) to the knowledge of the Administrative Agent, the Lenders or the L/C Issuer, as the case may be, are engaged in businesses competing with the Borrower (including any Affiliate which has been previously identified in writing to the 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 Credit PartiesAdministrative Agent, the Lenders or the L/C Issuer, as the case may be, who reasonably need to know such Information for purposes of evaluating, negotiating, enforcing or consummating any of the transactions contemplated hereby, so long as, such Information is used solely for such purposes.

Treatment of Certain Information; Confidentiality. Each of the Credit Parties Administrative Agent, the Lenders and the L/C Issuers agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates, Approved Funds, Affiliates and to its and its Affiliates’ and Approved Funds’ respective partners, directors, officers, employees, agents, funding sources, attorneys, advisors and representatives 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 confidentialconfidential and that the disclosing party shall be liable for the failure of any such Persons to adhere to the requirements of this Section 10.07), ; (b) to the extent requested by any regulatory authority purporting to have jurisdiction over it such Person or its Related Parties (including any self-regulatory authority, such as the National Association of Insurance Commissioners), ; (c) to the extent required by Requirement of applicable Laws or regulations or by any subpoena or similar legal processprocess (provided that, provided that the Agent or such Lender, as applicable, agrees that it will notify the Borrower as soon as practicable except in the event case of any regulatory examination, written notice of such disclosure by such person (other than at the request of a regulatory authority) requirement or order shall be promptly furnished to Parent unless such notification notice is prohibited by law, rule or regulationlegally prohibited); (d) to any other party hereto, ; (e) in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder, ; (f) subject to an agreement (including any electronic agreement contained in any Platform) containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights or obligations under this Agreement or any Eligible Assignee invited to be an Additional Commitment LenderAgreement; or (ii) any actual or prospective counterparty (or its advisorsRelated Parties) to any Hedge Agreement swap or derivative transaction relating to any Loan Party the Borrowers and its their obligations, (g) with the prior consent of the Borrower, Parent; (h) on a confidential basis to (i) any rating agency when required by it in connection with rating Parent or its Subsidiaries or the credit facilities provided hereunder or (it being understood that, prior to ii) the CUSIP Service Bureau or any such disclosure, such rating similar agency shall undertake to preserve in connection with the confidentiality issuance and monitoring of any Information relating CUSIP numbers or other market identifiers with respect to the Loan Parties received by it from such Lender) or credit facilities provided hereunder; and (i) to the extent such Information (i) was or becomes publicly available other than as a result of a breach of this Section or Section, (ii) was or becomes independently developed by the Administrative Agent, any Lender, any L/C Issuer or any of their respective Affiliates or (iii) was or becomes available to the Administrative Agent, any Credit Party Lender, any L/C Issuer or any of their respective Affiliates on a non-confidential basis from a source other than the Loan Parties and which source Parent or any Subsidiary that is not known by itself, to the knowledge of such Agent or Lender to be subject to Person, in breach of a confidentiality restriction in respect thereof in favor of any of the Credit Parties obligation to Parent or any Affiliate Subsidiary in connection with the disclosure of the Credit Partiessuch Information.

Treatment of Certain Information; Confidentiality. Each of the Credit Parties Administrative Agent, each Issuing Bank, the Swingline Lender and the Lenders agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates, Approved Funds, Affiliates and to its and its Affiliates’ and Approved Funds’ respective partners, directors, officers, employees, agents, funding sources, attorneys, 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), (b) to the extent requested by any regulatory authority purporting to have jurisdiction over it or any of its Affiliates (including any self-regulatory authority, such as the National Association of Insurance Commissioners), (c) in any legal, judicial, administrative proceeding or in accordance with a judicial or other governmental order, subpoena, interrogatory, discovery request, investigative demand or other legal process or as required by applicable law or regulations (in which case the Administrative Agent, such Issuing Bank, the Swingline Lender or such Lender shall promptly notify the Borrower in writing, in advance, and give the Borrower the opportunity to seek confidential treatment of the information prior to such disclosure, to the extent required by Requirement of Laws or regulations or by any subpoena or similar legal process, provided that the Agent or such Lender, as applicable, agrees that it will notify the Borrower as soon as practicable in the event of any such disclosure by such person (other than at the request of a regulatory authority) unless such notification is prohibited permitted by law), rule or regulation; (d) to any other party hereto, (e) in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder, (f) subject to an agreement (including any electronic agreement contained in any Platform) containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights or obligations under this Agreement or any Eligible Assignee invited to be an Additional Commitment Lender; or (ii) any actual or prospective counterparty (or its advisors) to any Hedge Agreement Securitization, swap or derivative transaction relating to any Loan Party the Borrower and its obligations, or any Subsidiary and its obligations, or any credit insurance provider relating to the Borrower and its Obligations, (g) with the consent of the Borrower, (h) to any rating agency when required by it (it being understood thatagencies or, prior to any such disclosureon a confidential basis, such rating agency shall undertake to preserve the confidentiality of any Information relating to the Loan Parties received by it from such Lender) CUSIP Service Bureau or any similar agency in connection with the issuance and monitoring of CUSIP numbers with respect to the Loans or (i) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section or (iiy) becomes available to the Administrative Agent, any Credit Party Issuing Bank, the Swingline Lender any Lender or any of their respective Affiliates on a non-confidential nonconfidential basis from a source other than the Loan Parties and which source is not known by such Agent Borrower or Lender to be subject to a confidentiality restriction in respect thereof in favor of any of the Credit Parties or any Affiliate of the Credit Partiesits Subsidiaries.

Treatment of Certain Information; Confidentiality. Each The Administrative Agent, the P1 Collateral Agent and each of the Credit Parties Senior Lenders agrees to maintain the confidentiality of the Information (as defined below)Credit Agreement Information, except that Credit Agreement Information may be disclosed (a) to its Affiliates, Approved Funds, Affiliates (including branches) and to its and its Affiliates’ and Approved Funds’ respective shareholders, members, partners, directors, officers, employees, agents, funding sourcesadvisors, attorneysauditors, advisors service providers and representatives (it being understood provided, that the Persons to whom such disclosure is made will be informed prior to disclosure of the confidential nature of such Credit Agreement Information and instructed to keep such Credit Agreement Information confidential), (b) ; to the extent requested or required by any regulatory authority purporting to have jurisdiction over it (including or to any self-regulatory authorityFederal Reserve Bank or central bank in connection with a pledge or assignment pursuant to Section 12.4(e), (c) ; to the extent required by Requirement of Laws applicable Government Rule or regulations or by any subpoena or similar legal process, provided that the Agent or such Lender, as applicable, agrees that it will notify the Borrower as soon as practicable in the event of any such disclosure by such person (other than at the request of a regulatory authority) unless such notification is prohibited by law, rule or regulation; (d) to any other party hereto, (e) to this Agreement; in connection with the exercise of any remedies hereunder or under any other Loan Financing Document or any suit, action or proceeding relating to this Agreement or any other Loan Financing Document or the enforcement of rights hereunder or thereunder, thereunder (f) including any actual or prospective purchaser of Collateral); subject to an agreement (including any electronic agreement contained in any Platform) containing provisions substantially the same as those of this SectionSection 12.17, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights or obligations under this Agreement (or such assignee or Participant’s or prospective assignee or Participant’s professional advisor), any Eligible Assignee invited to be an Additional Commitment Lender; direct or (ii) any actual indirect contractual counterparty or prospective counterparty (or its advisorssuch contractual counterparty’s or prospective counterparty’s professional advisor) to any Hedge Agreement credit derivative transaction relating to obligations of the Borrower, or any Person (and any of its officers, directors, employees, agents or advisors) that may enter into or support, directly or indirectly, or that may be considering entering into or supporting, directly or indirectly, either contractual arrangements with the Administrative Agent, the P1 Collateral Agent, such Senior Lender, or any Affiliates thereof, pursuant to which all or any portion of the risks, rights, benefits or obligations under or with respect to any Senior Loan Party and its obligationsor Financing Document is transferred to such Person or an actual or proposed securitization or collateralization of, or similar transaction relating to, all or a part of any amounts payable to or for the benefit of any Senior Lender under any Financing Document (g) including any rating agency); with the consent of the BorrowerBorrower (which consent shall not unreasonably be withheld, conditioned or delayed); to any state, federal or foreign authority or examiner (hincluding the National Association of Insurance Commissioners or any other similar organization) regulating the Administrative Agent, the P1 Collateral Agent, any Senior Lender or any of their respective Affiliates; to any rating agency when required by it (it being understood that, prior to any such disclosure, such rating agency shall undertake to preserve the confidentiality of any Credit Agreement Information relating to the Loan Parties Borrower received by it from such any Senior Lender, the Administrative Agent or the P1 Collateral Agent, as applicable); to any party providing (and any brokers arranging) any Credit Agreement Senior Secured Party insurance or reinsurance or other direct or indirect credit protection (including credit default swaps) with respect to its Senior Loans; to (x) the CUSIP Service Bureau, Clearpar or Loanserv or any similar agency in connection with the issuance and monitoring of CUSIP numbers, Private Placement Numbers (“PPNs”) or (i) any other similar numbers with respect to the extent Senior Loans (it being understood and agreed that any Lender may apply for the issuance of one or more CUSIP numbers, PPNs or any other similar numbers with respect to any of the Senior Loans without the consent of the Loan Parties); or in the case of any Senior Lender that is a Blackstone Entity only, the disclosure of the existence of this Agreement and the Senior Loans hereunder, its participation therein, and a summary of the terms hereof in any marketing publication and the Borrower’s logo may be used in connection with such Information (i) becomes publicly available publication. In addition, the Administrative Agent, the P1 Collateral Agent or any Senior Lender may disclose the existence of this Agreement and information about this Agreement to market data collectors, similar service providers to the lending industry, and service providers to the Administrative Agent, the P1 Collateral Agent and the Senior Lenders in connection with the numbering, administration, settlement and management of this Agreement, the other than as a result of a breach Financing Documents, the Senior Loan Commitments, and the Senior Loan Borrowings. For the purposes of this Section or (ii) becomes available to any Credit Party or any of their respective Affiliates on a non-confidential basis from a source other than the Loan Parties and which source is not known by such Agent or Lender to be subject to a confidentiality restriction in respect thereof in favor of any of the Credit Parties or any Affiliate of the Credit Parties.12.17, “

Treatment of Certain Information; Confidentiality. Each of the Credit Parties Administrative Agent and the Lenders agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates, Approved Funds, Affiliates and to its and its Affiliates’ and Approved Funds’ respective partners, directors, officers, employees, agents, funding sources, attorneys, 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), (b) to the extent requested by any regulatory authority purporting to have jurisdiction over it (including any self-regulatory authority, such as the National Association of Insurance Commissioners); provided that unless specifically prohibited by applicable law or court order in the reasonable judgment of such Lender or counsel, such Lender shall use its commercially reasonable efforts to notify the Company of any request by any regulatory authority or representative thereof of the National Association of Insurance Commissioners (other than any such request in connection with any examination of the financial condition of such Lender by such governmental agency or the National Association of Insurance Commissioners) for disclosure of any such non-public information prior to disclosure of such information, (c) to the extent required by Requirement of Laws applicable laws or regulations or by any subpoena or similar legal process, provided that the Agent or such Lender, as applicable, agrees that it will notify the Borrower as soon as practicable in the event of any such disclosure by such person (other than at the request of a regulatory authority) unless such notification is prohibited by law, rule or regulation; (d) to any other party hereto, (e) in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder, (f) subject to an agreement (including any electronic agreement contained in any Platform) containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights or obligations under this Agreement or any Eligible Assignee invited to be an Additional Commitment Lender; or (ii) any actual or prospective counterparty (or its advisors) to any Hedge Agreement swap or derivative transaction relating to any Loan Party the Borrower and its obligations, (g) on a confidential basis to (i) any rating agency in connection with rating the Company or its respective Subsidiaries or the Loans 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 Loans provided hereunder, (h) with the consent of the Borrower, (h) to any rating agency when required by it (it being understood that, prior to any such disclosure, such rating agency shall undertake to preserve the confidentiality of any Information relating to the Loan Parties received by it from such Lender) Company or (i) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section by such Person or (iiy) becomes available to the Administrative Agent, any Credit Party Lender or any of their respective Affiliates on a non-confidential nonconfidential basis from a source other than the Loan Parties and which source is not known by such Agent or Lender to be subject to a confidentiality restriction in respect thereof in favor of any of the Credit Parties or any Affiliate of the Credit PartiesCompany.

Treatment of Certain Information; Confidentiality. Each of the Credit Parties Administrative Agent, the Lenders and the L/C Issuer agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates, Approved Funds, Affiliates and to its and its Affiliates’ and Approved Funds’ respective partners, directors, officers, employees, agents, funding sources, attorneys, advisors and representatives 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), (b) to the extent required or requested by any regulatory authority purporting to have jurisdiction over it such Person or its Related Parties (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (in which case such Person agrees, except with respect to any audit or examination conducted by such regulatory authority, to the extent permitted by applicable Law and such compulsory legal process, to use commercially reasonable efforts to inform the Borrower thereof), (c) to the extent required by Requirement of applicable Laws or regulations or by any subpoena or similar legal process (in which case such Person agrees, to the extent permitted by applicable Law and such compulsory legal process, provided that the Agent or such Lender, as applicable, agrees that it will notify to use commercially reasonable efforts to inform the Borrower as soon as practicable in the event of any such disclosure by such person (other than at the request of a regulatory authority) unless such notification is prohibited by lawthereof), rule or regulation; (d) to any other party hereto, (e) in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder, (f) subject to an agreement (including any electronic agreement contained in any Platform) containing provisions substantially the same as those of this SectionSection 11.21, to (i) any permitted assignee of or Participant in, or any prospective permitted assignee of or Participant in, any of its rights or and obligations under this Agreement or any Eligible Assignee invited to be an Additional Commitment Lender; or (ii) any actual or prospective counterparty party (or its advisorsRelated Parties) to any Hedge Agreement relating under which payments are to any Loan Party be made by reference to the Borrower and its obligations, this Agreement or payments hereunder, (g) on a confidential basis to the CUSIP Service Bureau or any similar agency in connection with the issuance and monitoring of CUSIP numbers with respect to the Credits, (h) with the consent of the Borrower, (h) to any rating agency when required by it (it being understood that, prior to any such disclosure, such rating agency shall undertake to preserve the confidentiality of any Information relating to the Loan Parties received by it from such Lender) or (i) to the extent such Information (iA) becomes publicly available other than as a result of a breach of this Section 11.21 or (iiB) becomes available to the Administrative Agent, any Credit Party Lender, the L/C Issuer or any of their respective Affiliates on a non-confidential nonconfidential basis from a source other than the Borrower or its Affiliates. Notwithstanding the foregoing, the Loan Parties consent to the publication by the Administrative Agent, the L/C Issuer and which source is not known by such Agent or Lender to be subject to a confidentiality restriction in respect thereof in favor the Lenders of any tombstones, press releases, advertising or other promotional materials (including via E-Transmission) relating to the financing transactions contemplated by this Agreement using any Loan Party’s name, product photographs, logo or trademark. The Administrative Agent, the L/C Issuer or such Lender shall provide a draft of any such press release, advertising or other promotional material to the Credit Borrower for review and comment prior to the publication thereof. The Loan Parties agree not to issue any press release or other public disclosure using the name or logo of or otherwise referring to the Administrative Agent, the L/C Issuer any Lender or any of their Affiliates, the Loan Documents, or any transaction contemplated thereby, without the Administrative Agent, the L/C Issuer or applicable Lender’s prior consent, except to the extent required to do so under applicable Law and then only after consulting with the Administrative Agent, the L/C Issuer or applicable Lender prior thereto. In addition, the Administrative Agent and the Lenders may disclose the existence of this Agreement and information about this Agreement to market data collectors, similar service providers to the lending industry and service providers to the Administrative Agent and the Lenders in connection with the administration of this Agreement, the other Loan Documents and the Commitments. For purposes of this Section 11.21, “Information” means all information received from any Loan Party relating to the Loan Parties or any Affiliate of their respective businesses, other than any such information that is available to the Credit PartiesAdministrative Agent, any Lender or the L/C Issuer on a nonconfidential basis prior to disclosure by any Loan Party or any of its Subsidiaries. Any Person required to maintain the confidentiality of Information as provided in this Section 11.21 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.

Treatment of Certain Information; Confidentiality. Each of the Credit Parties Party party to any Loan Document agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates, Approved Funds, Affiliates and to its and its Affiliates’ and Approved Funds’ respective partners, directors, officers, employees, agents, funding sources, attorneys, advisors and representatives 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), (b) to the extent required or requested by any regulatory authority purporting to have jurisdiction over it such Person or its Related Parties (including any self-regulatory authority, such as the National Association of Insurance Commissioners), (c) to the extent required by Requirement of Laws applicable laws or regulations or by any subpoena or similar legal process, ; provided that the Agent or such Lender, as applicable, agrees any Person that it will discloses any Information pursuant to this clause (c) shall notify the Borrower as soon as practicable in the event advance of any such disclosure (if permitted by Law) or shall provide the Borrower with prompt written notice of such person disclosure (other than at the request of a regulatory authority) unless such notification is prohibited if permitted by lawLaw), rule or regulation; (d) to any other party hereto, (e) in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder, (f) subject to an agreement (including any electronic agreement contained in any Platform) containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights or and obligations under this Agreement or any Eligible Assignee invited to be an Additional Commitment Lender; a Lender pursuant to Section 2.17 or (ii) any actual or prospective counterparty party (or its advisorsRelated Parties) to any Hedge Agreement relating swap, derivative or other transaction under which payments are to any Loan Party be made by reference to the Borrower and its obligations, this Agreement or payments hereunder, (g) on a confidential basis to 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 facilities provided hereunder, (h) with the consent of the Borrower, (h) to any rating agency when required by it (it being understood that, prior to any such disclosure, such rating agency shall undertake to preserve the confidentiality of any Information relating to the Loan Parties received by it from such Lender) Borrower or (i) to the extent such Information (i) becomes publicly available other than as a result of a breach of this Section or (ii) becomes available to the Agent, any Credit Party Lender or any of their respective Affiliates on a non-confidential nonconfidential basis from a source other than the Loan Parties and which source Borrower (unless such disclosure is not known by such Agent to the Agent, Lender or Lender Affiliate to be subject to have violated a confidentiality restriction in respect thereof in favor of any of the Credit Parties or any Affiliate of the Credit Partiesobligation).

Treatment of Certain Information; Confidentiality. Each of the Credit Parties Administrative Agent and the Lenders agrees to maintain the confidentiality of of, and shall not disclose to any Person, the Information (as defined below), except that Information may be disclosed (a) to its Affiliates, Approved Funds, Affiliates and to its and its Affiliates’ and Approved Funds’ respective partners, directors, officers, employees, agents, funding sourcesadvisors, attorneys, advisors auditors 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 either (i) be bound pursuant to written agreement, policy, procedure, or other ethical, fiduciary or other responsibility to keep such Information confidential, or (ii) agree to treat the Information as confidential), (b) to the extent requested by any regulatory authority purporting to have jurisdiction over it (including any self-regulatory authority, such as the National Association of Insurance Commissioners), in which case such Person agrees, except with respect to any audit or examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, to the extent reasonably practicable and not prohibited by applicable law, rule, regulation or order, to inform the Borrower promptly of the disclosure thereof, (c) to the extent required by Requirement of Laws applicable laws or regulations or by any subpoena or similar legal process, provided that in which case such Person agrees to the Agent extent not prohibited by applicable law, rule, regulation or such Lenderorder, as applicable, agrees that it will notify to inform the Borrower as soon as practicable in promptly of the event of any such disclosure by such person (other than at the request of a regulatory authority) unless such notification is prohibited by lawthereof, rule or regulation; (d) to any other party hereto, (e) in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder, (f) subject to an agreement (including any electronic agreement contained in any Platform) containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights or obligations under this Agreement or any Eligible Assignee invited to be an Additional Commitment Lender; or (ii) any actual or prospective counterparty (or its advisors) to any Hedge Agreement swap or derivative transaction relating to any Loan Party the Borrower and its obligations, (g) on a confidential basis to (i) with the consent of the Borrower, any rating agency in connection with rating the Borrower or its Subsidiaries or the 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 facilities provided hereunder, (h) to any rating agency when required by it (it being understood that, prior to any such disclosure, such rating agency shall undertake to preserve with the confidentiality consent of any Information relating to the Loan Parties received by it from such Lender) Borrower or (i) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section or (iiy) becomes available to the Administrative Agent, any Credit Party Lender or any of their respective Affiliates on a non-confidential nonconfidential basis from a source other than the Loan Parties and which source Borrower (or the Borrower’s representatives) that is not known by not, to such Agent or Lender to be Person’s knowledge, subject to a confidentiality restriction in respect thereof in favor of or fiduciary obligations owing to the Borrower or any of the Credit Parties or any Affiliate of the Credit PartiesBorrower’s Subsidiaries.

Treatment of Certain Information; Confidentiality. (a) Each of the Credit Parties Agent and the Lenders acknowledges the confidential nature of the Information (as defined below) and agrees to maintain the confidentiality of the Information (as defined below)and prevent the disclosure thereof, except that Information may be disclosed disclosed: (ai) to its Affiliates, Approved Funds, Affiliates and to its and its Affiliates’ and Approved Funds’ respective partners, directors, officers, employees, agents, funding sources, attorneys, professional advisors and representatives to the extent reasonably required to be disclosed thereto (it being understood provided that the such Persons to whom such disclosure is made will shall be informed under a like duty of confidentiality to that contained in this Section 15.6 and further provided that the Agent or the Lender, as the case may be, providing the Information shall be responsible for any breach by such Person of the confidential nature aforementioned like duty of confidentiality); (ii) if, in the reasonable opinion of the Agent or such Information and instructed to keep Lender, such Information confidential), (b) to the extent requested disclosure is required by any regulatory authority purporting to have having jurisdiction over it (including any self-regulatory authority); (iii) if, (c) to in the extent reasonable opinion of the Agent or such Lender, such disclosure is required by Requirement of Applicable Laws or regulations or by any subpoena or similar legal process, provided that the Agent or such Lender, as applicable, agrees that it will notify the Borrower as soon as practicable in the event of any such disclosure by such person ; (other than at the request of a regulatory authority) unless such notification is prohibited by law, rule or regulation; (div) to any other party hereto, Lender or their respective counsel and advisors; (ev) in connection with the exercise of any remedies remedies, or the enforcement of any rights, hereunder or under any other Loan Document or in connection with any suit, action or proceeding initiated by the Agent and the Lenders or commenced by the Borrower the issues of which touch on the Information, in each case, relating to this Agreement or any other Loan Document but only to the extent such disclosure is necessary to the initiation or the enforcement defense of rights hereunder such suit, action or thereunder, proceeding; (fvi) subject to an agreement (including any electronic agreement contained in any Platform) containing provisions substantially the same as those of this SectionSection 15.6, to to: (iA) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights or obligations under this Agreement or any Eligible Assignee invited to be an Additional Commitment LenderAgreement; or or (iiB) any actual or prospective insurers, re-insurers or counterparty (or its advisors) to any Hedge Agreement swap, derivative, credit-linked note or similar transaction relating to any Loan Party and its obligations, Obligor; (gvii) with the written consent of the Borrower, ; or (h) to any rating agency when required by it (it being understood that, prior to any such disclosure, such rating agency shall undertake to preserve the confidentiality of any Information relating to the Loan Parties received by it from such Lender) or (iviii) to the extent such Information Information: (iA) becomes publicly available other than as a result of a breach of this Section 15.6 (including, for certainty, by a breach of this Section 15.6 by a Person for which the applicable Lender or the Agent is responsible); or (iiB) becomes available to any Credit Party the Agent or any of their respective Affiliates Lender on a non-confidential basis from a source other than an Obligor, provided that the Loan Parties and which source is not known by such Agent or such Lender can show that such Information was, prior to be the receipt thereof from an Obligor, lawfully in the Agent’s or such Lender’s possession from such source and not then subject to a confidentiality restriction any obligation on its part to the Borrower to maintain confidentiality. (b) For purposes of this Section, “Information” means all financial, operational and other information and data received in respect thereof in favor connection with this Agreement or any other Loan Document from any Obligor, KMI or any Affiliate of KMI relating to any of the Credit Parties KMI, any Obligor or any Affiliate of the Credit Partiesforegoing or in respect of any of their respective businesses.

Treatment of Certain Information; Confidentiality. Each of the Credit Parties Administrative Agent, the Lenders and the L/C Issuers agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates, Approved Funds, Affiliates and to its and its Affiliates’ and Approved Funds’ respective partners, directors, officers, employees, agents, funding sources, attorneystrustees, advisors and 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), (b) to the extent required or requested by any regulatory authority purporting to have jurisdiction over it such Person or its Affiliates (including any self-regulatory authority, such as the National Association of Insurance Commissioners), (c) to the extent required by Requirement of Laws applicable laws or regulations or by any subpoena or similar legal process, provided that the Agent or such Lender, as applicable, agrees that it will notify the Borrower as soon as practicable in the event of any such disclosure by such person (other than at the request of a regulatory authority) unless such notification is prohibited by law, rule or regulation; (d) to any other party hereto, (e) in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder, (f) subject to an agreement (including any electronic agreement contained in any Platform) containing provisions substantially the same as those of this SectionSection and which gives the Borrower the right to enforce such confidentiality provisions, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights or obligations under this Agreement or any Eligible Assignee invited to be an Additional Commitment Lender; a Lender pursuant to Section 2.14(b) or 2.17(d) or (ii) any actual or prospective counterparty (or its advisors) to any Hedge Agreement swap or derivative transaction relating to any Loan Party the Borrower and its obligations, (g) on a confidential basis to (i) any rating agency in connection with rating the Borrower or its Subsidiaries or the 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 facilities provided hereunder, (h) with the consent of the Borrower, (h) to any rating agency when required by it (it being understood that, prior to any such disclosure, such rating agency shall undertake to preserve the confidentiality of any Information relating to the Loan Parties received by it from such Lender) Borrower or (i) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section or (iiy) becomes available to the Administrative Agent, any Credit Party Lender, the L/C Issuer or any of their respective Affiliates on a non-confidential basis from a source other than the Loan Parties and which source is not known by such Agent Borrower or Lender to be subject to a confidentiality restriction in respect thereof in favor of any of its Subsidiaries. In addition, the Credit Parties or any Affiliate Administrative Agent and the Lenders may disclose the existence of this Agreement and information about this Agreement to market data collectors, similar service providers to the Credit Parties.lending industry and service providers to the Administrative Agent and the Lenders in connection with the administration of this Agreement, the other Loan Documents and the Commitments. 101250789

Treatment of Certain Information; Confidentiality. Each of the Credit Parties Agents, the Lenders and each L/C Issuer agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates, Approved Funds, Affiliates and to its and its Affiliates’ and Approved Funds’ respective partners, directors, officers, employees, agents, funding sourcesadvisors, attorneysmanaging members or managers, advisors counsel, accountants and other representatives (collectively, “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), (b) to the extent requested by any Governmental Authority or regulatory authority purporting to have jurisdiction over it (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (in which case, the Administrative Agent or such Lender or L/C Issuer, as applicable, shall use reasonable efforts to notify the Borrower prior to such disclosure to the extent legally permitted to do so), (c) to the extent required by Requirement of applicable Laws or regulations or by any subpoena or similar legal process, provided that the Agent or such Lender, as applicable, agrees that it will notify the Borrower as soon as practicable in the event of any such disclosure by such person (other than at the request of a regulatory authority) unless such notification is prohibited by law, rule or regulation; (d) to any other party hereto, (e) in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder, (f) (i) any rating agency or CUSIP bureau , and (ii) subject to an agreement (including any electronic agreement contained in any Platform) containing provisions substantially the same as those of this SectionSection 10.07, to (iother than a Disqualified Institution) (x) any assignee of or Participant inin (or their Representatives, it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential), or any prospective assignee of or Participant inin (or their Representatives, it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential) any of its rights or obligations under this Agreement or any Eligible Assignee invited to be an Additional Commitment Lender; or (iiy) any actual or prospective counterparty (or its advisorsRepresentatives, it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential) to any Hedge Agreement swap or derivative transaction relating to any Loan Party the Borrower and its obligations, (g) with the consent of the Borrower, Borrower or (h) to any rating agency when required by it (it being understood that, prior to any such disclosure, such rating agency shall undertake to preserve the confidentiality of any Information relating to the Loan Parties received by it from such Lender) or (i) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section or (iiy) becomes available to the Administrative Agent, any Credit Party Lender, the L/C Issuer or any of their respective Affiliates on a non-confidential nonconfidential basis from a source other than the Loan Parties and which source is not known by such Agent Borrower. For purposes of this Section, “Information” means all information received from the Borrower or Lender to be subject to a confidentiality restriction in respect thereof in favor of any of its Subsidiaries relating to the Credit Parties Borrower or any Affiliate of its Subsidiaries or any of their respective businesses, other than any such information that is available to the Credit PartiesAdministrative Agent, any Lender or the 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 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.

Treatment of Certain Information; Confidentiality. Each of the Credit Parties Administrative Agent, the Lenders and the Issuing Lender agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates, Approved Funds, Affiliates and to its and its Affiliates’ and Approved Funds’ respective partners, directors, officers, employees, agents, funding sources, attorneys, advisors and representatives 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), (b) to the extent required or requested by by, or required to be disclosed to, any regulatory or similar authority purporting to have jurisdiction over it such Person or its Related Parties (including any self-regulatory authority, such as the National Association of Insurance Commissioners), (c) as to the extent required by Requirement of Applicable Laws or regulations or by in any subpoena legal, judicial, administrative or similar legal other compulsory process, provided that the Agent or such Lender, as applicable, agrees that it will notify the Borrower as soon as practicable in the event of any such disclosure by such person (other than at the request of a regulatory authority) unless such notification is prohibited by law, rule or regulation; (d) to any other party hereto, (e) in connection with the exercise of any remedies hereunder or under this Agreement, under any other Loan Document or under any Hedge Agreement or Cash Management Agreement, or any action or proceeding relating to this Agreement or Agreement, any other Loan Document or any Hedge Agreement or Cash Management Agreement, or the enforcement of rights hereunder or thereunder, (f) subject to an agreement (including any electronic agreement contained in any Platform) containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights or and obligations under this Agreement or any Eligible Assignee invited to be an Additional Commitment Lender; or Agreement, (ii) any actual or prospective counterparty party (or its advisorsRelated Parties) to any Hedge Agreement relating swap, derivative or other transaction under which payments are to any Loan Party be made by reference to the Borrower and its obligations, this Agreement or payments hereunder, (iii) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund, or (v) to a nationally recognized rating agency that requires access to information regarding the Borrower and its 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 in connection with rating the 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 Borrower, (hi) to any rating agency when required by it (it being understood that, prior to any such disclosureGold Sheets and other similar bank trade publications, such rating agency shall undertake information to preserve the confidentiality consist of any Information relating to the Loan Parties received by it from deal terms and other information customarily found in such Lender) or publications, (ij) to the extent such Information (i) becomes publicly available other than as a result of a breach of this Section or (ii) becomes available to the Administrative Agent, any Credit Party Lender, the Issuing Lender or any of their respective Affiliates from a third party that is not, to such Person’s knowledge, subject to confidentiality obligations to the Borrower, (k) to governmental regulatory authorities in connection with any regulatory examination of the Administrative Agent or any Lender or in accordance with the Administrative Agent’s or any Lender’s regulatory compliance policy if the Administrative Agent or such Lender deems necessary for the mitigation of claims by those authorities against the Administrative Agent or such Lender or any of its subsidiaries or affiliates, (l) to the extent that such information is independently developed by such Commitment Party, or (m) 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 the Issuing Lender on a non-confidential nonconfidential basis prior to disclosure by any Credit Party or any Subsidiary thereof; provided that, in the case of information received from a source other than the Loan Parties and which source is not known by such Agent or Lender to be subject to a confidentiality restriction in respect thereof in favor of any of the Credit Parties Party or any Affiliate Subsidiary thereof after the date hereof, such information is clearly identified at the time of delivery as confidential. Any Person required to maintain the Credit Partiesconfidentiality 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.

Treatment of Certain Information; Confidentiality. Each of the Credit Parties Administrative Agent and the Lenders agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (in each case, other than to a Disqualified Institution) (a) to its Affiliates, Approved Funds, Affiliates and to its and its Affiliates’ and Approved Funds’ respective partners, directors, investors, lenders, officers, employees, agents, funding sourcesadvisors, attorneys, advisors numbering, administration and settlement services provider and other 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 confidentialconfidential or, with respect to disclosure to investors or prospective investors, such disclosure is in connection with customary portfolio reviews), (b) to the extent requested by any Governmental Authority or regulatory authority purporting to have jurisdiction over it (including any self-regulatory authority, such as the National Association of Insurance Commissioners), (c) to the extent required by Requirement applicable Requirements of Laws or regulations Law or by any subpoena or similar legal processprocess (including, provided that the Agent without limitation, in connection with filings, submissions and any other similar documentation required or such Lendercustomary to comply with Securities and Exchange Commission filing requirements), as applicable, agrees that it will notify the Borrower as soon as practicable in the event of any such disclosure by such person (other than at the request of a regulatory authority) unless such notification is prohibited by law, rule or regulation; (d) to any other party hereto, (e) in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Agreement or any other Loan Document or the enforcement of of, or preparing to enforce, rights hereunder or thereunder, but only to the extent required in connection with such exercise or enforcement, (f) subject to an agreement (including any electronic agreement contained in any Platform) containing provisions substantially the same (or at least as restrictive) as those of this SectionSection 10.12, to (i) any assignee financing sources and Eligible Assignee of or Participant in, or any prospective assignee Eligible Assignee of or Participant in, any of its rights or obligations under this Agreement and in connection with any pledge or assignment made pursuant to Section 10.04(f); provided that no such disclosure shall be made by such Lender or such Agent or any Eligible Assignee invited of their respective Affiliates to be an Additional Commitment Lender; or any such Person that is a Disqualified Institution, (ii) any actual or prospective counterparty (or its advisors) to any Hedge Agreement swap or derivative transaction relating to any Loan Party the Borrower and its obligations, obligations or (giii) with the consent of the Borrower, (h) to any rating agency when required by it (it being understood that, prior to any such disclosure, such rating agency shall undertake to preserve for the confidentiality purpose of any Information relating to the Loan Parties received by it from such Lender) or (i) to the extent such Information (i) becomes publicly available other than as obtaining a result of a breach of this Section or (ii) becomes available to any Credit Party or any of their respective Affiliates on a non-confidential basis from a source other than the Loan Parties and which source is not known by such Agent or Lender to be subject to a confidentiality restriction in respect thereof in favor of any of the Credit Parties or any Affiliate of the Credit Parties.credit rating

Treatment of Certain Information; Confidentiality. Each of the Credit Parties agrees Administrative Agent and the Lenders agree to maintain the confidentiality of the Information (as defined below)Information, except that Information may be disclosed disclosed: (a) to its Affiliates, Approved Funds, Affiliates and to its and its Affiliates’ and Approved Funds’ respective partners, directors, officers, employees, agents, funding sourcesadvisors, attorneys, advisors trustees 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), ; (b) to the extent requested by any regulatory authority (including self-regulatory authority) purporting to have jurisdiction over it (in which case such Person agrees, except with respect to any audit or examination conducted by such regulatory authority (including any self-regulatory authority), to the extent permitted by applicable law or such compulsory legal process, to use commercially reasonable efforts to inform the Borrower thereof prior to such disclosure); (c) to the extent required by Requirement of applicable Laws or regulations or by any subpoena or similar legal process (in which case such Person agrees, to the extent permitted by applicable law or such compulsory legal process, provided that the Agent or such Lender, as applicable, agrees that it will notify to use commercially reasonable efforts to inform the Borrower as soon as practicable in the event of any thereof prior to such disclosure by such person (other than at the request of a regulatory authority) unless such notification is prohibited by law, rule or regulationdisclosure); (d) to any other party hereto, to this Agreement; (e) in connection with the exercise of any remedies hereunder or under any other Loan Document or any suit, action or proceeding relating to this Agreement, any Bank Product Agreement or any other Loan Document Secured Hedge Agreement or the enforcement of rights hereunder or thereunderthe defense of any claim, suit, action or proceeding; (f) subject to an agreement (including any electronic agreement contained in any Platform) containing provisions substantially the same as those of this SectionSection 10.07, to (i) any permitted assignee of or Participant participant in, or any prospective permitted assignee of or Participant participant in, any of its rights or obligations under this Agreement or any Eligible Assignee invited to be an Additional Commitment Lender; or (ii) any actual direct or prospective indirect contractual counterparty (or its advisors) to any Hedge Agreement relating to any Loan Party and its obligations, (g) with the consent of the Borrower, (h) to any rating agency when required by it (it being understood that, prior to any such disclosure, such rating agency shall undertake to preserve the confidentiality of any Information relating to the Loan Parties received by it from such Lender) or (i) to the extent such Information (i) becomes publicly available other than as a result of a breach of this Section or (ii) becomes available to any Credit Party or any of their respective Affiliates on a non-confidential basis from a source other than the Loan Parties and which source is not known by such Agent or Lender to be subject to a confidentiality restriction in respect thereof in favor of any of the Credit Parties or any Affiliate of the Credit Parties.or

Treatment of Certain Information; Confidentiality. Each of the Credit Parties Administrative Agent, the Lenders and the L/C Issuer agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) in connection with the transactions contemplated by the Loan Documents, to its Affiliates, Approved Funds, Affiliates and to its and its Affiliates’ and Approved Funds’ respective partners, directors, officers, employees, agents, funding sources, attorneys, advisors and representatives 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), (b) to the extent required or requested by any regulatory authority purporting to have jurisdiction over it such Person or its Related Parties (including any self-regulatory authority, such as the National Association of Insurance Commissioners), (c) to the extent required by Requirement of applicable Laws or regulations or by any subpoena or similar legal process, provided that process (in which case the Agent or such Lender, as applicable, disclosing party agrees that it will notify to inform the Borrower as soon as practicable in the event of any promptly thereof prior to such disclosure by such person (other than at to the request of a regulatory authority) unless such notification is extent not prohibited by lawLaw), rule or regulation; (d) to any other party hereto, (e) in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder, (f) subject to an agreement (including any electronic agreement contained in any Platform) containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights or and obligations under this Agreement or any Eligible Assignee invited to be an Additional Commitment Lender; become a Lender pursuant to Section 2.16 or (ii) any actual or prospective counterparty party (or its advisorsRelated Parties) to any Hedge Agreement relating swap, derivative or other transaction under which payments are to any Loan Party be made by reference to the Borrower and its obligations, this Agreement or payments hereunder, (g) on a confidential basis to (i) any rating agency in connection with rating any Loan Party or its Subsidiaries or the 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 facilities provided hereunder, (h) with the consent of the Borrower, (h) to any rating agency when required by it (it being understood that, prior to any such disclosure, such rating agency shall undertake to preserve the confidentiality of any Information relating to the Loan Parties received by it from such Lender) Borrower or (i) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section or (iiy) becomes available to the Administrative Agent, any Credit Party Lender, the L/C Issuer or any of their respective Affiliates on a non-confidential nonconfidential basis from a source other than the Borrower. In addition, the Administrative Agent and the Lenders may disclose the existence of this Agreement and information about this Agreement (but not Information) to market data collectors, similar service providers to the lending industry and service providers to the Agents and the Lenders in connection with the administration of this Agreement, the other Loan Parties Documents, and which source is not known by such Agent or Lender to be subject to a confidentiality restriction in respect thereof in favor of any of the Credit Parties or any Affiliate of the Credit PartiesCommitments.

Treatment of Certain Information; Confidentiality. (a) Each of the Credit Parties Administrative Agent, the Lenders and the Swingline Lenders agrees to maintain the confidentiality of the Information (as defined below)) and shall not use such Information, without the prior written consent of the Company, for any purpose or in any manner other than pursuant to the terms and for the purposes contemplated by this Agreement, except that Information may be disclosed (ai) to its Affiliates, Approved Funds, Affiliates and to its and its Affiliates’ and Approved Funds’ respective partners, directors, officers, employees, agents, funding sources, attorneystrustees, 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), (bii) to the extent requested by any regulatory authority purporting to have jurisdiction over it (including any self-regulatory authority, such as the National Association of Insurance Commissioners), (ciii) to the extent required by Requirement of Laws applicable laws or regulations or by any subpoena or similar legal process, provided that the Agent or such Lender, as applicable, agrees that it will notify the Borrower as soon as practicable in the event of any such disclosure by such person (other than at the request of a regulatory authority) unless such notification is prohibited by law, rule or regulation; (div) to any other party hereto, (ev) in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder, (fvi) subject to an agreement (including any electronic agreement contained in any Platform) containing provisions substantially the same as those of this SectionSection 11.10, to (iA) any assignee Assignee of or Participant in, or any prospective assignee Assignee of or Participant in, any of its rights or obligations under this Agreement; provided that such Assignee, Participant or prospective Assignee or Participant agrees in writing to keep such information confidential to the same extent required by the Lenders party to this Agreement or any Eligible Assignee invited to be an Additional Commitment Lender; or (iiB) any actual or prospective counterparty (or its advisors) to any Hedge Agreement swap or derivative transaction relating to any Loan Party the Company and its obligations, in each case who agree to be bound by the terms of this Section 11.10 (gor language substantially similar to this Section 11.10), (vii) with the consent of the Borrower, (h) to any rating agency when required by it (it being understood that, prior to any such disclosure, such rating agency shall undertake to preserve the confidentiality of any Information relating to the Loan Parties received by it from such Lender) Company or (iviii) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section or (iiy) becomes available that is provided to any Credit Party the Administrative Agent, such Lender, such Swingline Lender or any of their respective Affiliates on by a non-confidential basis from a source Person other than the Loan Parties and which source is Company not known by in violation, to the actual knowledge of the Administrative Agent, such Agent Lender, Swingline Lender or Lender to be subject to a confidentiality restriction in respect thereof in favor Affiliate, of any duty of confidentiality. For purposes of this Section, “Information” means all information received from or on behalf of the Credit Parties Company or any Affiliate Subsidiary relating to the Company or any Subsidiary or any of their respective businesses, this Agreement or the transactions contemplated hereby. 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 taken normal and reasonable precautions maintain the confidentiality of such Information. (b) Each of the Credit PartiesAdministrative Agent, the Lenders and Swingline Lenders 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 applicable law, including securities laws.

Treatment of Certain Information; Confidentiality. Each of the Credit Parties Administrative Agent, the Canadian Agent, the Lenders and the L/C Issuers agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates, Approved Funds, Affiliates and to its and its Affiliates’ and Approved Funds’ respective partners, directors, officers, employees, agents, funding sources, attorneys, 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)representatives, (b) to the extent requested by any regulatory authority purporting to have jurisdiction over it (including any self-regulatory authority, such as the National Association of Insurance Commissioners), (c) to the extent required by Requirement of Laws applicable laws or regulations or by any subpoena or similar legal process, ; provided that the Administrative Agent, the Canadian Agent or such Lender, as applicableunless prohibited by any Law, agrees that it will shall use reasonable efforts to notify the U.S. Borrower as soon as practicable in the event advance of any disclosure pursuant to this clause (c) but only to the extent reasonably practicable under the circumstances and on the understanding that neither the Administrative Agent, the Canadian Agent nor any Lender shall incur any liability for failure to give such disclosure by such person (other than at the request of a regulatory authority) unless such notification is prohibited by lawnotice, rule or regulation; (d) to any other party hereto, (e) in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder, (f) subject to an agreement (including any electronic agreement contained in any Platform) containing provisions substantially the same as those of this Section, to (i) any pledgee pursuant to Section 10.06(f), any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights or obligations under this Agreement or any Eligible Assignee invited to be an Additional Commitment Lender; or (ii) any actual or prospective counterparty (or its advisors) to any Hedge Agreement relating to Swap Contract with the U.S. Borrower or any Loan Party and its obligationsSubsidiary, (g) with the consent of the Borrower, U.S. Borrower or (h) to any rating agency when required by it (it being understood that, prior to any such disclosure, such rating agency shall undertake to preserve the confidentiality of any Information relating to the Loan Parties received by it from such Lender) or (i) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section or (iiy) becomes available to the Administrative Agent, the Canadian Agent, any Credit Party Lender, any L/C Issuer or any of their respective Affiliates on a non-confidential nonconfidential basis from a source other than the Loan Parties and which source is not known by such Agent or Lender to be subject to a confidentiality restriction in respect thereof in favor of any of the Credit Parties or any Affiliate of the Credit PartiesU.S. Borrower.

Treatment of Certain Information; Confidentiality. Each of the Credit Parties Administrative Agent, the Lenders and the L/C Issuers (each a “Lender Party”) agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates, Approved Funds, Affiliates and to its and its Affiliates’ and Approved Funds’ respective partners, directors, officers, employees, agents, funding sourcesadvisors, attorneyslegal counsel, advisors independent auditors, professionals and other representatives (collectively, “Representatives”) (it being understood that the Persons to whom such disclosure is made Representatives will be informed of the confidential nature of such Information and instructed to keep such Information confidentialconfidential and (ii) a party making such Information available to its Affiliates and its and their respective officers, directors and employees agrees to be responsible for any breach of this paragraph that results from the actions or omissions of such Affiliates, officers, directors and employees), (b) to the extent requested by any regulatory authority purporting to have jurisdiction over it (including any self-regulatory authority, such as the National Association of Insurance Commissioners), (c) to the extent required by Requirement of Laws applicable laws or regulations or by any subpoena or similar legal process, subpoena, judicial or administrative proceeding or similar compulsory process, provided that the Agent or such Lender, as applicable, each Lender Party agrees that it will notify the Borrower as soon as practicable practical in the event of any such disclosure by such person Lender Party (other than at the request of a regulatory authority) ), unless such notification is shall be prohibited by lawapplicable Law or legal process, rule or regulation; (d) to any other party hereto, (e) in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder, (f) subject to an agreement (including any electronic agreement contained in any Platform) containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights or obligations under this Agreement or any Eligible Assignee invited to be an Additional Commitment Lender; a Lender pursuant to Section 2.16(d) or 2.17(c) or (ii) any actual or prospective counterparty (or its advisors) to any Hedge Agreement swap or derivative transaction relating to any Loan Party the Borrower and its obligations, (g) with the consent of the Borrower, (h) to any rating agency when required by it (it being understood that, prior to any such disclosure, such rating agency shall undertake to preserve the confidentiality of any Information relating to the Loan Parties received by it from such Lender) or (i) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section or (iiy) becomes available to the Administrative Agent, any Credit Party Lender, any L/C Issuer or any of their respective Affiliates on a non-confidential nonconfidential basis from a source other than the Loan Parties and which source is not known by such Agent Borrower, (i) to ratings agencies or Lender (j) on a confidential basis to be subject to a confidentiality restriction in respect thereof in favor of any of the Credit Parties CUSIP Service Bureau or any Affiliate similar agency in connection with the issuance and monitoring of CUSIP numbers or other market identifiers with respect to the Credit Partiescredit facilities provided hereunder. In addition, the Administrative Agent and the Lenders may disclose the existence of this Agreement and information about this Agreement to market data collectors, similar service providers to the lending industry and service providers to the Agents and the Lenders in connection with the administration of this Agreement, the other Loan Documents, and the Loans for purposes of general portfolio, benchmarking and market data analysis.

Treatment of Certain Information; Confidentiality. Each The Administrative Agent, the P1 Collateral Agent and each of the Credit Parties Senior Lenders agrees to maintain the confidentiality of the Information (as defined below)Credit Agreement Information, except that Credit Agreement Information may be disclosed (a) to its Affiliates, Approved Funds, Affiliates (including branches) and to its and its Affiliates’ and Approved Funds’ respective shareholders, members, partners, directors, officers, employees, agents, funding sourcesadvisors, attorneysauditors, advisors service providers and representatives (it being understood provided, that the Persons to whom such disclosure is made will be informed prior to disclosure of the confidential nature of such Credit Agreement Information and instructed to keep such Credit Agreement Information confidential), ; (b) to the extent requested or required by any regulatory authority purporting to have jurisdiction over it (including or to any self-regulatory authorityFederal Reserve Bank or central bank in connection with a pledge or assignment pursuant to Section 12.4(e), ; (c) to the extent required by Requirement of Laws applicable Government Rule or regulations or by any subpoena or similar legal process, provided that the Agent or such Lender, as applicable, agrees that it will notify the Borrower as soon as practicable in the event of any such disclosure by such person (other than at the request of a regulatory authority) unless such notification is prohibited by law, rule or regulation; (d) to any other party hereto, to this Agreement; (e) in connection with the exercise of any remedies hereunder or under any other Loan Financing Document or any suit, action or proceeding relating to this Agreement or any other Loan Financing Document or the enforcement of rights hereunder or thereunder, thereunder (including any actual or prospective purchaser of Collateral); (f) subject to an agreement (including any electronic agreement contained in any Platform) containing provisions substantially the same as those of this SectionSection 12.17, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights or obligations under this Agreement (or any Eligible Assignee invited to be an Additional Commitment Lender; such assignee or Participant’s or prospective assignee or Participant’s professional advisor), (ii) any actual direct or indirect contractual counterparty or prospective counterparty (or its advisorssuch contractual counterparty’s or prospective counterparty’s professional advisor) to any Hedge Agreement credit derivative transaction relating to obligations of the Borrower, or (iii) any Person (and any of its officers, directors, employees, agents or advisors) that may enter into or support, directly or indirectly, or that may be considering entering into or supporting, directly or indirectly, either (A) contractual arrangements with the Administrative Agent, the P1 Collateral Agent, such Senior Lender, or any Affiliates thereof, pursuant to which all or any portion of the risks, rights, benefits or obligations under or with respect to any Senior Loan Party and its obligationsor Financing Document is transferred to such Person or (B) an actual or proposed securitization or collateralization of, or similar transaction relating to, all or a part of any amounts payable to or for the benefit of any Senior Lender under any Financing Document (including any rating agency); (g) with the consent of the BorrowerBorrower (which consent shall not unreasonably be withheld, conditioned or delayed); (h) to any rating agency when required by it state, federal or foreign authority or examiner (it being understood thatincluding the National Association of Insurance Commissioners or any other similar organization) regulating the Administrative Agent, prior to the P1 Collateral Agent, any such disclosure, such rating agency shall undertake to preserve the confidentiality of any Information relating to the Loan Parties received by it from such Lender) or (i) to the extent such Information (i) becomes publicly available other than as a result of a breach of this Section or (ii) becomes available to any Credit Party Senior Lender or any of their respective Affiliates on a nonAffiliates; (i) to any |US-confidential basis from a source other than the Loan Parties and which source is not known by such Agent or Lender to be subject to a confidentiality restriction in respect thereof in favor of any of the Credit Parties or any Affiliate of the Credit Parties.DOCS\143711048.26||

Treatment of Certain Information; Confidentiality. Each of the Credit Parties Administrative Agent, the Lenders and the L/C Issuer agrees to maintain the confidentiality of the Information (as defined below)) and not to use any Information except in connection with the administration, evaluation and enforcement of the Loan Documents, except that Information may be disclosed (a) to its Affiliates, Approved Funds, Affiliates and to its and its Affiliates’ and Approved Funds’ respective partners, directors, officers, employees, agents, funding sources, attorneys, advisors and representatives 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 will agree to keep such Information confidential), (b) to the extent requested by any United States government agency or regulatory authority purporting to have jurisdiction over it such Person or its Related Parties (including any self-regulatory authority, such as the National Association of Insurance Commissioners), (c) to the extent required by Requirement of applicable Laws or regulations or by any subpoena or similar legal processprocess (provided that, provided that the Agent unless prohibited by applicable Laws, such Administrative Agent, Lender or such Lender, as applicable, agrees that it will notify L/C Issuer shall provide the Borrower as soon as practicable in the event with prompt notice of any such disclosure by such person (requirement so that the Borrower may, at its sole expense, seek a protective order or take other than at the request of a regulatory authority) unless such notification is prohibited by lawappropriate action), rule or regulation; (d) to any other party hereto, (e) in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder, (f) subject to an agreement (including any electronic agreement contained in any Platform) containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights or obligations under this Agreement or any Eligible Assignee invited to be an Additional Commitment Lender; a Lender pursuant to Section 2.14(c) or (ii) any actual or prospective counterparty (or its advisorsRelated Parties) to any Hedge Agreement swap or derivative transaction relating to any Loan Party the Borrower and its obligations, (g) on a confidential basis to (i) any rating agency in connection with rating the Borrower or its Subsidiaries or the 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 facilities provided hereunder, (h) with the consent of the Borrower, (h) to any rating agency when required by it (it being understood that, prior to any such disclosure, such rating agency shall undertake to preserve the confidentiality of any Information relating to the Loan Parties received by it from such Lender) Borrower or (i) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section or (iiy) becomes available to the Administrative Agent, any Credit Party Lender, the L/C Issuer or any of their respective Affiliates on a non-confidential nonconfidential basis from a source other than the Loan Parties and which source is not known by such Agent or Lender to be subject to a confidentiality restriction in respect thereof in favor of any of the Credit Parties or any Affiliate of the Credit PartiesBorrower.

Treatment of Certain Information; Confidentiality. Each of the Credit Parties Administrative Agent, the Lenders and the L/C Issuer agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates, Approved Funds, Affiliates and to its and its Affiliates’ and Approved Funds’ respective partners, directors, officers, employees, agents, funding sources, attorneys, advisors and representatives 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 confidentialconfidential in accordance with this Section 10.07, and the Administrative Agent, each Lender and the L/C Issuer shall be responsible for any breach hereof by any such Person), (b) to the extent required or requested by any regulatory authority purporting to have jurisdiction over it such Person or its Related Parties (including any self-regulatory authority, such as the National Association of Insurance Commissioners), in which case such Person agrees to inform the Borrower prior to such disclosure if permitted by applicable Law (other than with respect to routine regulatory requests), (c) to the extent required by Requirement of Laws applicable laws or regulations or by any subpoena or similar legal process, provided that the Agent or in which case such Lender, as applicable, Person agrees that it will notify to inform the Borrower as soon as practicable in the event of any prior to such disclosure if permitted by such person (other than at the request of a regulatory authority) unless such notification is prohibited by lawapplicable Law, rule or regulation; (d) to any other party heretohereto who is bound by this Section 10.07, (e) in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder, (f) subject to an agreement (including any electronic agreement contained in any Platform) containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights or and obligations under this Agreement or any Eligible Assignee invited to be an Additional Commitment Lender; a Lender pursuant to Section 2.14(c) or (ii) any actual or prospective counterparty party (or its advisorsRelated Parties) to any Hedge Agreement relating swap, derivative or other transaction under which payments are to any Loan Party be made by reference to the Borrower and its obligationsobligations (it being understood that such Persons agree to use the Information solely to evaluate its investment hereunder and agrees to be bound by this Section 10.07), this Agreement or payments hereunder, (g) on a confidential basis to (i) any rating agency in connection with rating the Borrower or its Subsidiaries or the 121 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 facilities provided hereunder, (h) with the consent of the Borrower, (h) to any rating agency when required by it (it being understood that, prior to any such disclosure, such rating agency shall undertake to preserve the confidentiality of any Information relating to the Loan Parties received by it from such Lender) Borrower or (i) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section or (iiy) becomes available to the Administrative Agent, any Credit Party Lender, the L/C Issuer or any of their respective Affiliates on a non-confidential nonconfidential basis from a source other than the Loan Parties and which source Borrower that is not known by such Agent or Lender to be subject to a confidentiality restriction or similar agreement. In addition, the Administrative Agent and the Lenders may disclose the existence of this Agreement and information about this Agreement to market data collectors, similar service providers to the lending industry and service providers to the Agents and the Lenders in respect thereof in favor connection with the administration of any of this Agreement, the Credit Parties or any Affiliate of other Loan Documents, and the Credit PartiesCommitments.

Treatment of Certain Information; Confidentiality. Each of the Credit Parties Administrative Agent, the Lenders and the L/C Issuer agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates, Approved Funds, Affiliates and to its and its Affiliates’ and Approved Funds’ respective partners, directors, officers, employees, agents, funding sources, attorneys, advisors and representatives 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), (b) to the extent required or requested by any regulatory authority purporting to have having jurisdiction over it such Person or its Related Parties (including any self-regulatory authority, such as the National Association of Insurance Commissioners), (c) to the extent required by Requirement of applicable Laws or regulations or by any subpoena or similar legal process, provided that the Agent or such Lender, as applicable, agrees that it will notify the Borrower as soon as practicable in the event order of any court or administrative agency or in any pending legal or administrative proceeding, or otherwise as required by compulsory legal process (in which case such Lender will inform the Borrowers promptly prior to such disclosure by such person (other than at to the request of a regulatory authority) unless such notification is extent practicable and not prohibited by lawLaw), rule or regulation; (d) to any other party hereto, (e) in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder, (f) subject to an agreement (including any electronic agreement contained in any Platform) containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights or and obligations under this Agreement or any Eligible Assignee invited to be an Additional Commitment Lender; become a Lender pursuant to Section 2.16 or (ii) any actual or prospective counterparty party (or its advisorsRelated Parties) to any Hedge Agreement relating swap, derivative or other transaction under which payments are to be made by reference to any Loan Party Borrower and its obligations, this Agreement or payments hereunder, (g) on a confidential basis to (i) any rating agency in connection with rating any Loan Party or its Subsidiaries or the 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 facilities provided hereunder, (h) with the consent of the Borrower, (h) to any rating agency when required by it (it being understood that, prior to any such disclosure, such rating agency shall undertake to preserve the confidentiality of any Information relating to the Loan Parties received by it from such Lender) Borrowers or (i) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section or (iiy) becomes available to the Administrative Agent, any Credit Party Lender, the L/C Issuer or any of their respective Affiliates on a non-confidential basis from a source other than the Loan Parties and which source Borrowers that is not known by to such Agent or Lender to be Lender’s knowledge subject to a confidentiality restriction obligations to either Borrower. In addition, the Administrative Agent and the Lenders may disclose the existence of this Agreement and information about this Agreement to market data collectors, similar service providers to the lending industry and service providers to the Agents and the Lenders in respect thereof in favor connection with the administration of any of this Agreement, the Credit Parties or any Affiliate of other Loan Documents, and the Credit PartiesCommitments.

Treatment of Certain Information; Confidentiality. Each of the Credit Parties Administrative Agent, the Lenders and the L/C Issuers agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates, Approved Funds, its auditors and to its and its Affiliates’ and Approved Funds’ respective partners, directors, officers, employees, agents, funding sources, attorneys, advisors and representatives 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), (b) to the extent required or requested by any regulatory authority purporting to have jurisdiction over it such Person or its Related Parties (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (in which case such Person agrees, except with respect to any audit or examination conducted by such regulatory authority, to the extent permitted by applicable Law and such compulsory legal process, to use commercially reasonable efforts to inform the Borrower thereof), (c) to the extent required by Requirement of applicable Laws or regulations or by any subpoena or similar legal process (in which case such Person agrees, to the extent permitted by applicable Law and such compulsory legal process, provided that the Agent or such Lender, as applicable, agrees that it will notify to use commercially reasonable efforts to inform the Borrower as soon as practicable in the event of any such disclosure by such person (other than at the request of a regulatory authority) unless such notification is prohibited by lawthereof), rule or regulation; (d) to any other party hereto, (e) in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder, (f) subject to an agreement (including any electronic agreement contained in any Platform) containing provisions substantially the same as those of this SectionSection 11.21, to (i) any permitted assignee of or Participant in, or any prospective permitted assignee of or Participant in, any of its rights or and obligations under this Agreement or any Eligible Assignee invited to be an Additional Commitment Lender; or (ii) any actual or prospective counterparty party (or its advisorsRelated Parties) to any Hedge Agreement relating under which payments are to any Loan Party be made by reference to the Borrower and its obligations, this Agreement or payments hereunder, (g) on a confidential basis to (A) the provider of any Platform or other electronic delivery service used by the Administrative Agent, the L/C Issuers and/or the Swing Line Lender to deliver Borrower Materials or notices to the Lenders and (B) 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 Credits, (h) with the consent of the Borrower, (h) to any rating agency when required by it (it being understood that, prior to any such disclosure, such rating agency shall undertake to preserve the confidentiality of any Information relating to the Loan Parties received by it from such Lender) or (i) to the extent such Information (iA) becomes publicly available other than as a result of a breach of this Section 11.21 or (iiB) becomes available to the Administrative Agent, any Credit Party Lender, any L/C Issuer or any of their respective Affiliates on a non-confidential nonconfidential basis from a source other than the Borrower or its Affiliates. Notwithstanding the foregoing, the Loan Parties consent to the publication by the Administrative Agent, the L/C Issuers and which source is not known by such Agent or Lender to be subject to a confidentiality restriction in respect thereof in favor the Lenders of any tombstones, press releases, advertising or other promotional materials (including via E-Transmission) relating to the financing transactions contemplated by this Agreement using any Loan Party’s name, product photographs, logo or trademark. The Administrative Agent, such L/C Issuer or such Lender shall provide a draft of any such press release, advertising or other promotional material to the Credit Borrower for review and comment prior to the publication thereof. The Loan Parties agree not to issue any press release or other public disclosure using the name or logo of or otherwise referring to the Administrative Agent, any L/C Issuer any Lender or any of their Affiliates, the Loan Documents, or any transaction contemplated thereby, without the Administrative Agent, the applicable L/C Issuer’s or applicable Lender’s prior consent, except to the extent required to do so under applicable Law and then only after consulting with the Administrative Agent, the applicable L/C Issuer or applicable Lender prior thereto. In addition, the Administrative Agent and the Lenders may disclose the existence of this Agreement and information about this Agreement to market data collectors, similar service providers to the lending industry and service providers to the Administrative Agent and the Lenders in connection with the administration of this Agreement, the other Loan Documents and the Commitments. For purposes of this Section 11.21, “Information” means all information received from any Loan Party relating to the Loan Parties or any Affiliate of their respective businesses, other than any such information that is available to the Credit PartiesAdministrative Agent, any Lender or any L/C Issuer on a nonconfidential basis prior to disclosure by any Loan Party or any of its Subsidiaries. Any Person required to maintain the confidentiality of Information as provided in this Section 11.21 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.

Treatment of Certain Information; Confidentiality. Each of the Credit Parties Administrative Agent, the Lenders and the L/C Issuer agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates, Approved Funds, Affiliates and to its and its Affiliates’ and Approved Funds’ respective partners, directors, officers, employees, agents, funding sources, attorneystrustees, advisors and representatives representativesRelated 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), (b) to the extent required or requested by any regulatory authority purporting to have jurisdiction over it itsuch Person or its Related Parties (including any self-regulatory authority, such as the National Association of Insurance Commissioners), (c) to the extent required by Requirement of Laws applicable laws or regulations or by any subpoena or similar legal process, provided that the Agent or such Lender, as applicable, agrees that it will notify the Borrower as soon as practicable in the event of any such disclosure by such person (other than at the request of a regulatory authority) unless such notification is prohibited by law, rule or regulation; (d) to any other party hereto, (e) in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder, (f) subject to an agreement (including any electronic agreement contained in any Platform) containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights or obligations under this Agreement or any Eligible Assignee invited to be an Additional Commitment Lender; a Lender pursuant to Section 2.14(c) or (ii) any actual or prospective counterparty counterpartyparty (or its advisorsadvisorsRelated Parties) to any Hedge Agreement relating swap or, derivative or other transaction relatingunder which payments are to any Loan Party be made by reference to the Borrower and its obligations, (gthis Agreement or payments hereunder, (g) on a confidential basis to (i) any rating agency in connection with rating the Borrower or its Subsidiaries or the 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 facilities provided hereunder, (h) with the consent of the Borrower, (h) to any rating agency when required by it (it being understood that, prior to any such disclosure, such rating agency shall undertake to preserve the confidentiality of any Information relating to the Loan Parties received by it from such Lender) Borrower or (ihi) to the extent such Information (i) becomes publicly available other than as a result of a breach of this Section or (ii) becomes available to the Administrative Agent, any Credit Party Lender, the L/C Issuer or any of their respective Affiliates on a non-confidential nonconfidential basis from a source other than the Borrower. In addition, the Administrative Agent and the Lenders may disclose the existence of this Agreement and information about this Agreement to market data collectors, similar service providers to the lending industry and service providers to the Agents and the Lenders in connection with the administration of this Agreement, the other Loan Parties Documents, and which source is not known by such Agent or Lender to be subject to a confidentiality restriction in respect thereof in favor of any of the Credit Parties or any Affiliate of the Credit PartiesCommitments.

Treatment of Certain Information; Confidentiality. Each of the Credit Parties Administrative Agent, the Lenders and the L/C Issuer agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates, Approved Funds, Affiliates and to its and its Affiliates’ and Approved Funds’ respective partners, directors, officers, employees, agents, funding sources, attorneys, advisors and representatives and to any direct or indirect contractual counterparty (or such contractual counterparty’s professional advisor) under any Credit Facility Swap Contract, in each case whom it reasonably determines needs to know such information in connection with this Agreement and the transactions contemplated hereby (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential), (b) to the extent requested by any regulatory authority purporting to have jurisdiction over it (including any self-regulatory authority, such as the National Association of Insurance Commissioners), (c) to the extent required by Requirement of Laws applicable laws or regulations or by any subpoena or similar legal process, provided that the Agent or such Lender, as applicable, agrees that it will notify the Borrower as soon as practicable in the event of any such disclosure by such person (other than at the request of a regulatory authority) unless such notification is prohibited by law, rule or regulation; (d) to any other party hereto, (e) in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder, (f) subject to an agreement (including any electronic agreement contained in any Platform) containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights or obligations under this Agreement or any Eligible Assignee invited to be an Additional Commitment Lender; or (ii) any actual or prospective counterparty (or its advisors) to any Hedge Agreement swap or derivative transaction relating to any a Loan Party and its obligations, (g) with the consent of the Borrower, Borrowers or (h) to any rating agency when required by it (it being understood that, prior to any such disclosure, such rating agency shall undertake to preserve the confidentiality of any Information relating to the Loan Parties received by it from such Lender) or (i) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section or (iiy) becomes available to the Administrative Agent, any Credit Party Lender, the L/C Issuer or any of their respective Affiliates on a non-confidential nonconfidential basis from a source other than the Loan Parties and which source is not known by such Agent or Lender to be subject to a confidentiality restriction in respect thereof in favor of any of the Credit Parties or any Affiliate of the Credit PartiesBorrowers.

Treatment of Certain Information; Confidentiality. Each of the Credit Parties Administrative Agent, the Lenders and the L/C Issuer agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates, Approved Funds, Affiliates and to its and its Affiliates’ and Approved Funds’ respective partners, directors, officers, employees, agents, funding sources, attorneys, 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), (b) to the extent requested by any regulatory authority purporting to have jurisdiction over it (including any self-regulatory authority, such as the National Association of Insurance Commissioners); provided that unless specifically prohibited by applicable law or court order, such Lender shall use its commercially reasonable efforts to notify the Company of any request by any regulatory authority or representative thereof of the National Association of Insurance Commissioners (other than any such request in connection with any examination of the financial condition of such Lender by such governmental agency or the National Association of Insurance Commissioners) for disclosure of any such non-public information prior to disclosure of such information, (c) to the extent required by Requirement of Laws applicable laws or regulations or by any subpoena or similar legal process, provided that the Agent or such Lender, as applicable, agrees that it will notify the Borrower as soon as practicable in the event of any such disclosure by such person (other than at the request of a regulatory authority) unless such notification is prohibited by law, rule or regulation; (d) to any other party hereto, (e) in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder, (f) subject to an agreement (including any electronic agreement contained in any Platform) containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights or obligations under this Agreement or any Eligible Assignee invited to be an Additional Commitment Lender; or (ii) any actual or prospective counterparty (or its advisors) to any Hedge Agreement swap or derivative transaction relating to any Loan Party a Borrower and its obligations, (g) with the consent of the Borrower, Company or (h) to any rating agency when required by it (it being understood that, prior to any such disclosure, such rating agency shall undertake to preserve the confidentiality of any Information relating to the Loan Parties received by it from such Lender) or (i) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section or (iiy) becomes available to the Administrative Agent, any Credit Party Lender, the L/C Issuer or any of their respective Affiliates on a non-confidential nonconfidential basis from a source other than the Loan Parties and which source is not known by such Agent Company. For purposes of this Section, “Information” means all information received from the Company or Lender any Subsidiary relating to be subject to a confidentiality restriction in respect thereof in favor of the Company or any Subsidiary or any of their respective businesses, other than any such information that is available to the Credit Parties Administrative Agent, any Lender or the L/C Issuer on a nonconfidential basis prior to disclosure by the Company or any Affiliate Subsidiary, provided that, in the case of information received from the Company 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 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 Credit PartiesAdministrative Agent, the Lenders and the L/C Issuer acknowledges that (a) the Information may include material non-public information concerning the Company or a Subsidiary, as the 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 applicable Law, including Federal and state securities Laws.

Treatment of Certain Information; Confidentiality. Each of the Credit Parties Administrative Agent, the Lenders and the Issuing Bank agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (in each case, other than to a Disqualified Institution) (a) to its Affiliates, Approved Funds, Affiliates and to its and its Affiliates’ and Approved Funds’ respective partners, directors, officers, employees, agents, funding sourcesadvisors, attorneysnumbering, advisors administration and settlement services provider and other 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), (b) to the extent requested by any Governmental Authority or regulatory authority purporting to have jurisdiction over it (including any self-regulatory authority, such as the National Association of Insurance Commissioners), (c) to the extent required by Requirement applicable Requirements of Laws or regulations Law or by any subpoena or similar legal process, provided that the Agent or such Lender, as applicable, agrees that it will notify the Borrower as soon as practicable in the event of any such disclosure by such person (other than at the request of a regulatory authority) unless such notification is prohibited by law, rule or regulation; (d) to any other party hereto, (e) in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder, but only to the extent required in connection with such exercise or enforcement, (f) subject to an agreement (including any electronic agreement contained in any Platform) containing provisions substantially the same as those of this SectionSection 10.12, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights or obligations under this Agreement and in connection with any pledge or any Eligible Assignee invited assignment made pursuant to be an Additional Commitment Lender; or Section 10.04(f), (ii) any actual or prospective counterparty (or its advisors) to any Hedge Agreement swap or derivative transaction relating to the Borrowers and their obligations or (iii) any Loan rating agency for the purpose of obtaining a credit rating applicable to any Credit Party and its obligationsor to the credit facilities hereunder, (g) with the prior consent of the Borrower, Borrowers or (h) to any rating agency when required by it (it being understood that, prior to any such disclosure, such rating agency shall undertake to preserve the confidentiality of any Information relating to the Loan Parties received by it from such Lender) or (i) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section or (iiy) becomes available to the Administrative Agent, any Credit Party Lender, the Issuing Bank or any of their respective Affiliates on a non-confidential nonconfidential basis from a source other than the Loan Parties Borrowers; provided, that with respect to clauses (b) and which source (c) above, if the Administrative Agent, any Lender or the Issuing Bank receives a subpoena, interrogatory or other request (verbal or otherwise) for any Information, or believes that it is not known by such Agent or Lender legally required to be subject to a confidentiality restriction in respect thereof in favor of disclose any of the Information to a third party, it shall, in advance of such disclosure, to the extent practicable and legally permissible, promptly provide to the Borrowers written notice of any such request or requirement so that the applicable Borrower or the applicable Credit Parties Party (or Subsidiary thereof) may seek a protective order or other remedy; provided, further, that it shall (1) exercise reasonable efforts to preserve the confidentiality of such Information, (2) to the extent legally permissible, use commercially reasonable efforts to provide the Borrowers, in advance of such disclosure, with copies of any Affiliate Information it intends to disclose (and, if applicable, the text of the disclosure language itself, and (3) to the extent legally permissible, reasonably cooperate with the applicable Borrower or applicable Credit Parties.Party (or Subsidiary thereof) to the extent such Borrower or such Credit Party (or Subsidiary

Treatment of Certain Information; Confidentiality. Each of the Credit Parties Administrative Agent, the Lenders and the Issuing Bank agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates, Approved Funds, Affiliates and to its and its Affiliates’ and Approved Funds’ ' respective partners, directors, officers, employees, agents, funding sources, attorneys, advisors and other 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), (b) to the extent requested by any regulatory authority purporting to have jurisdiction over it (including any self-regulatory authority, such as the NAIC; provided that to the extent practicable and permitted by applicable Requirements of Law, the party requested to disclose the Information will provide prompt written notice of such request to Borrower, will allow Borrower a reasonable opportunity to seek appropriate protective measures prior to disclosure, and will disclose the minimum amount of Information required by applicable law), (c) to the extent required by Requirement applicable Requirements of Laws or regulations Law or by any subpoena or similar legal process, provided that the Agent or such Lender, as applicable, agrees that it will notify the Borrower as soon as practicable in the event of any such disclosure by such person (other than at the request of a regulatory authority) unless such notification is prohibited by law, rule or regulation; (d) to any other party hereto, (e) in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder, (f) subject to an agreement (including any electronic agreement contained in any Platform) containing provisions substantially the same as those of this SectionSection 10.12, to (i) any assignee of or Participant in, or any bona fide prospective assignee of or Participant in, any of its rights or obligations under this Agreement or any Eligible Assignee invited to be an Additional Commitment Lender; or Agreement, (ii) any actual or bona fide prospective counterparty (or its advisors) to any Hedge Agreement swap or derivative transaction relating to any Loan Party Borrower and its obligationsobligations or (iii) any rating agency for the purpose of obtaining a credit rating applicable to any Lender, (g) with the prior consent of the Borrower, Borrower or (h) to any rating agency when required by it (it being understood that, prior to any such disclosure, such rating agency shall undertake to preserve the confidentiality of any Information relating to the Loan Parties received by it from such Lender) or (i) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section or (iiy) becomes available to the Administrative Agent, any Credit Party Lender, the Issuing Bank or any of their respective Affiliates on a non-confidential basis from a source other than the Loan Parties and which source is not known by such Agent or Lender to be subject to a confidentiality restriction in respect thereof in favor of any of the Credit Parties or any Affiliate of the Credit Parties.respective

Treatment of Certain Information; Confidentiality. Each of the Credit Parties Administrative Agent, the Lenders and the L/C Issuers agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates, Approved Funds, Affiliates and to its and its Affiliates’ and Approved Funds’ respective partners, directors, officers, employees, agentsadvisors (including legal counsel), funding sourcesindependent auditors and other experts, attorneysagents or representatives and any of its insurers, advisors and representatives reinsurers or insurance brokers (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), (b) to the extent required or requested by any regulatory authority purporting to have having jurisdiction over it such Person or its Related Parties (including any self-regulatory authority, such as the National Association of Insurance Commissioners), (c) to the extent required by Requirement of applicable Laws or regulations or by any subpoena order of any court or similar administrative agency or in any pending legal processor administrative proceeding, provided that the Agent or otherwise as required by compulsory legal process (in which case such Lender, as applicable, agrees that it Person will notify inform the Borrower as soon as promptly thereof to the extent practicable in the event of any such disclosure by such person (other than at the request of a regulatory authority) unless such notification is and not prohibited by law, rule or regulation; ), (d) to any other party hereto, (e) in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder, (f) subject to an agreement (including any electronic agreement contained in any Platform) containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights or and obligations under this Agreement Agreement, or any Eligible Assignee invited to be an Additional Commitment Lender; a Lender pursuant to Section 2.15(d) or Section 2.16(c) or (ii) any actual or prospective counterparty party (or its advisorspartners, directors, officers, employees, agents, trustees, administrators, managers, advisors and representatives) to any Hedge Agreement relating swap, derivative or other transaction under which payments are to any Loan Party be made by reference to the Borrower and its obligations, this Agreement or payments hereunder, (g) with the consent of the Borrower, on a confidential basis to (hi) to any rating agency when required by it (it being understood that, prior to any such disclosure, such in connection with rating agency shall undertake to preserve the confidentiality of any Information relating to Borrower or its Subsidiaries or the Loan Parties received by it from such Lender) or (i) to the extent such Information (i) becomes publicly available other than as a result of a breach of this Section or (ii) becomes available to any Credit Party or any of their respective Affiliates on a non-confidential basis from a source other than the Loan Parties and which source is not known by such Agent or Lender to be subject to a confidentiality restriction in respect thereof in favor of any of the Credit Parties or any Affiliate of the Credit Parties.credit facilities provided

Treatment of Certain Information; Confidentiality. Each of the Credit Parties agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates, Approved Funds, and to its and its Affiliates’ and Approved Funds’ respective partners, directors, officers, employees, agents, funding sources, attorneys, 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), (b) to the extent requested by any regulatory authority purporting to have jurisdiction over it (including any self-regulatory authority), (c) to the extent required by Requirement of Laws or regulations or by any subpoena or similar legal process, provided that the Agent or such Lender, as applicable, agrees that it will notify the Domestic Borrower as soon as practicable in the event of any such disclosure by such person (other than at the request of a regulatory authority) unless such notification is prohibited by law, rule or regulation; (d) to any other party hereto, (e) in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder, (f) subject to an agreement (including any electronic agreement contained in any Platform) containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights or obligations under this Agreement or any Eligible Assignee invited to be an Additional Commitment Lender; or (ii) any actual or prospective counterparty (or its advisors) to any Hedge Agreement relating to any Loan Party and its obligations, (g) with the consent of the BorrowerCompany, (h) to any rating agency when required by it (it being understood that, prior to any such disclosure, such rating agency shall undertake to preserve the confidentiality of any Information relating to the Loan Parties received by it from such Lender) or (i) to the extent such Information (i) becomes publicly available other than as a result of a breach of this Section or (ii) becomes available to any Credit Party or any of their respective Affiliates on a non-confidential basis from a source other than the Loan Parties and which source is not known by such Agent or Lender to be subject to a confidentiality restriction in respect thereof in favor of any of the Credit Parties or any Affiliate of the Credit Parties.

Treatment of Certain Information; Confidentiality. Each of the Credit Parties Administrative Agent, the Lenders and the L/C Issuers agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates, Approved Funds, and to its and its Affiliates’ and Approved Funds’ respective partners, directors, officers, employees, agents, funding sources, attorneys, advisors and representatives 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, and the Administrative Agent, the applicable Lender or the applicable L/C Issuer, as the case may be, shall be responsible for compliance by such Persons with such obligations), (b) to the extent requested by any regulatory authority purporting to have jurisdiction over it (including any self-regulatory authority, such as the National Association of Insurance Commissioners), (c) to rating agencies in connection with obtaining ratings for the Borrower and the Facilities to the extent such rating agencies are subject to customary confidentiality obligations of professional practice or agree to be bound by the terms of this Section 10.07 (or confidentiality provisions at least as restrictive as those set forth in this Section 10.07), (d) to the extent required by Requirement of Laws applicable laws or regulations or by any subpoena or similar legal process, ; provided that the Agent Person that discloses any Information pursuant to this clause (d) shall, if permitted by applicable Law or such Lenderlegal process, as applicable, agrees that it will notify the Borrower as soon as practicable in the event advance of any such disclosure by or shall provide the Borrower with prompt written notice of such person disclosure, (other than at the request of a regulatory authority) unless such notification is prohibited by law, rule or regulation; (de) to any other party hereto, (ef) in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder, (fg) subject to an agreement (including any electronic agreement contained in any Platform) containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights or obligations under this Agreement or any Eligible Assignee invited to be an Additional Commitment Lender; or (ii) any actual or prospective counterparty (or its advisors) to any Hedge Agreement swap or derivative transaction relating to any Loan Party the Borrower and its obligations, (gh) with the written consent of the Borrower, (h) to any rating agency when required by it (it being understood that, prior to any such disclosure, such rating agency shall undertake to preserve the confidentiality of any Information relating to the Loan Parties received by it from such Lender) Borrower or (i) to the extent such Information (i) becomes publicly available other than as a result of a breach of this Section or (ii) becomes available to the Administrative Agent, any Credit Party Lender, any L/C Issuer or any of their respective Affiliates on a non-confidential nonconfidential basis from a source other than the Loan Parties Borrower. In addition, the Administrative Agent and which source is not known by such the Lenders may disclose the existence of this Agreement and information about this Agreement to market data collectors, similar service providers to the lending industry and service providers to the Administrative Agent or Lender to be subject to a confidentiality restriction in respect thereof in favor of any of the Credit Parties Lenders in connection with the administration or any Affiliate servicing of this Agreement, the Credit Partiesother Loan Documents and the Commitments.

Treatment of Certain Information; Confidentiality. Each of the Credit Parties Administrative Agent and the Lenders agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates, Approved Funds, Affiliates and to its and its Affiliates’ and Approved Funds’ respective partnersofficers, directors, officers, employees, agentsadvisors (including legal counsel), funding sourcesindependent auditors, attorneysprofessionals and other experts, advisors and agents or 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, and any failure of such Persons to comply with this Section 10.07 shall constitute a breach of this Section 10.07 by the Administrative Agent or the relevant Lender, as applicable), (b) to the extent (i) requested or demanded by any regulatory authority purporting to have having jurisdiction over it (including any self-regulatory authority)such Person or its Related Parties, (c) pursuant to the extent order of any court or administrative agency or in any pending legal, judicial or administrative proceeding, or otherwise as required by Requirement applicable law, rule or regulation or compulsory legal process based on the reasonable advice of Laws counsel, or regulations otherwise required by applicable law or by any subpoena or similar legal processprocess or (ii) reasonably necessary in connection with the exercise of remedies with respect to, or the enforcement of, such Person’s rights under any Loan Document; provided that that, (A) in each case, unless prohibited by applicable law or court order, such Person shall, to the Agent or such Lenderextent practicable, as applicable, agrees that it will promptly notify the Borrower as soon as practicable in the event of any such thereof prior to disclosure by such person (other than at the any such request of a in connection with an audit or examination conducted by bank accountants or any governmental bank or other regulatory authority exercising examination or regulatory authority) unless and (B) in the case of clause (ii) only, and at the Borrower’s sole expense, such notification Person shall use its reasonable best efforts to ensure that such Information is prohibited by lawkept confidential in connection with the exercise of such remedies, rule or regulation; (dc) to any other party hereto, (e) in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder, (fd) subject to an agreement (including any electronic agreement contained in any Platform) containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights or and obligations under this Agreement Agreement, or any Eligible Assignee invited to be an Additional Commitment Lender; a Lender pursuant to Sections 2.16(c) or 2.17(c) or (ii) any actual or prospective counterparty party (or its advisorsor its Affiliates’ partners, directors, officers, employees, agents, trustees, administrators, managers, advisors and representatives) to any Hedge Agreement relating swap, derivative or other transaction under which payments are to any Loan Party be made by reference to the Borrower and its obligations, this Agreement or payments hereunder; provided that such information shall not be shared with any Competitors previously identified to the Administrative Agent and Lenders pursuant to Section 10.06(b)(vi), (ge) on a confidential basis to (i) any rating agency in connection with rating the Borrower or its subsidiaries or the 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 facilities provided hereunder, (f) with the consent of the Borrower, (h) to any rating agency when required by it (it being understood that, prior to any such disclosure, such rating agency shall undertake to preserve the confidentiality of any Information relating to the Loan Parties received by it from such Lender) Borrower or (ig) to the extent such Information (i) becomes publicly available other than as a result of a breach of this Section or (ii) becomes available to or is independently developed by the Administrative Agent, any Credit Party Lender or any of their respective Affiliates on a non-confidential basis from a source other than the Loan Parties and which source Borrower that is not known by to such Agent or Lender to be Xxxxxx’s knowledge subject to a confidentiality restriction in respect thereof in favor of any of obligations to the Credit Parties or any Affiliate of Borrower. In addition, the Credit Parties.Administrative Agent and the Lenders may disclose

Treatment of Certain Information; Confidentiality. (a) Each of the Credit Parties Administrative Agent, the Lenders and the Issuing Lenders agrees to maintain the confidentiality of the Information (as defined below)) and shall not use such Information, without the prior written consent of the Company, for any purpose or in any manner other than pursuant to the terms and for the purposes contemplated by this Agreement, except that Information may be disclosed (ai) to its Affiliates, Approved Funds, Affiliates and to its and its Affiliates’ and Approved Funds’ respective partners, directors, officers, employees, agents, funding sources, attorneystrustees, 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), (bii) to the extent requested by any regulatory authority purporting to have jurisdiction over it (including any self-regulatory authority, such as the National Association of Insurance Commissioners), (ciii) to the extent required by Requirement of Laws applicable laws or regulations or by any subpoena or similar legal process, provided that the Agent or such Lender, as applicable, agrees that it will notify the Borrower as soon as practicable in the event of any such disclosure by such person (other than at the request of a regulatory authority) unless such notification is prohibited by law, rule or regulation; (div) to any other party hereto, (ev) in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder, (fvi) subject to an agreement (including any electronic agreement contained in any Platform) containing provisions substantially the same as those of this SectionSection 11.10, to (iA) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights or obligations under this Agreement or any Eligible Assignee Additional Lender invited to be an Additional Commitment Lender; a Lender pursuant to Section 2.21, provided that such assignee, Participant, prospective assignee or Participant agrees in writing to keep such information confidential to the same extent required by the Lenders party to this Agreement or (iiB) any actual or prospective counterparty (or its advisors) to any Hedge Agreement swap or derivative transaction relating to any Loan Party the Company and its obligations, in each case who agree to be bound by the terms of this Section 11.10 (gor language substantially similar to this Section 11.10) (vii) with the consent of the Borrower, (h) to any rating agency when required by it (it being understood that, prior to any such disclosure, such rating agency shall undertake to preserve the confidentiality of any Information relating to the Loan Parties received by it from such Lender) Company or (iviii) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section or (iiy) becomes available that is provided to the Administrative Agent, any Credit Party Lender, any Issuing Lender or any of their respective Affiliates by a Person other than the Company not in violation, to the actual knowledge of the Administrative Agent, such Lender, Issuing Lender or Affiliate, of any duty of confidentiality. For purposes of this Section, “Information” means (i) all information received from the Company or any Subsidiary relating to the Company or any Subsidiary or any of their respective businesses, this Agreement or the transactions contemplated hereby and (ii) the CDS Data as provided by the Reference Pricing Agent and/or the Administrative Agent, in each case other than any such information that is available to the Administrative Agent or any Lender on a non-confidential basis from a source other than prior to the Loan Parties disclosure to the Company. 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 taken normal and which source is not known by reasonable precautions maintain the confidentiality of such Agent or Lender to be subject to a confidentiality restriction in respect thereof in favor of any Information. (b) Each of the Credit Parties Administrative Agent, the Lenders and Issuing Lenders acknowledges that (a) the Information may include material non-public information concerning the Borrower or any Affiliate a Subsidiary, as the case may be, (b) it has developed compliance procedures regarding the use of the Credit Partiesmaterial non-public information and (c) it will handle such material non-public information in accordance with applicable law, including United States Federal and state securities laws.