Additional Information; Additional Documents Sample Clauses

Additional Information; Additional Documents. The Borrower shall provide the Administrative Agent with any financial or other information reasonably requested by the Administrative Agent evidencing the truthfulness of the representations set forth in this Agreement. Notwithstanding anything to the contrary in this provision, the Borrower and its Affiliates will not be required to disclose, permit the inspection, examination or making copies or abstracts of, or discuss, any document, information or other matter that (a) constitutes non- financial trade secrets or non-financial proprietary information, (b) in respect of which disclosure to the Administrative Agent or any Lender (or their respective representatives or agents) is prohibited by law or (c) in the Borrower's or Affiliate's reasonable judgment, would compromise any attorney-client privilege, privilege afforded to attorney work product or similar privilege, provided that the Borrower shall make available redacted versions of requested documents or, if unable to do so consistent with the preservation of such privilege, shall make commercially reasonable efforts to disclose information responsive to the requests of the Administrative Agent, any Lender or any of their respective representatives and agents, in a manner that will protect such privilege.

Additional Information; Additional Documents. (a) Promptly upon request, execute and deliver to Agent, upon request, such documents and agreements as Agent may, from time to time, reasonably request to carry out the purposes, terms or conditions of this Agreement. (b) Documents required to be delivered pursuant to Section 9.7 and 9.8 (to the extent any such documents are included in materials otherwise filed with the SEC) may be delivered electronically and if so delivered, shall be deemed to have been delivered on the date (i) on which the Borrower posts such documents, or provides a link thereto on the Borrower’s website on the Internet at the website address; or (ii) on which such documents are posted on the Borrower’s behalf on an Internet or intranet website, if any, to which each Lender and the Administrative Agent have access (whether a commercial, third-party website or whether sponsored by the Administrative Agent); provided that: (i) the Loan Parties shall deliver paper copies of such documents to Agent or any Lender upon its request to the Loan Parties to deliver such paper copies until a written request to cease delivering paper copies is given by Agent or such Lender and (ii) Loan Parties shall notify Agent (by facsimile or electronic mail) of the posting of any such documents. Agent shall have no obligation to request the delivery of or to maintain paper copies of the documents referred to above, and in any event shall have no responsibility to monitor compliance by Loan Parties with any such request by a Lender for delivery, and each Lender shall be solely responsible for requesting delivery to it or maintaining its copies of such documents. 9.

Additional Information; Additional Documents. The Borrower shall provide the Administrative Agent and the Initial Lender with any financial or other information reasonably requested by the Administrative Agent or the Initial Lender evidencing the truthfulness of the representations set forth in this Agreement. Notwithstanding anything to the contrary in this provision, the Borrower and its

Additional Information; Additional Documents. The Administrative Borrower shall provide the Administrative Agent with any financial or other information reasonably requested by the Administrative Agent (acting at the direction of the Majority Lenders) evidencing the truthfulness of the representations set forth in this Agreement. Notwithstanding anything to the contrary in this provision, neither the Co‐Borrowers, not their respective -89- USActive 58806140.10 -89-60444631.4 SK 28388 0001 10656366 v3

Additional Information; Additional Documents. (a) Promptly upon request, execute and deliver to Agent, upon request, such documents and agreements as Agent may, from time to time, reasonably request to carry out the purposes, terms or conditions of this Agreement. (b) Documents required to be delivered pursuant to Section 9.7 and 9.8 (to the extent any such documents are included in materials otherwise filed with the SEC) may be delivered electronically and if so delivered, shall be deemed to have been delivered on the date (i) on which the Borrower posts such documents, or provides a link thereto on the Borrower’s website on the Internet at the website address; or (ii) on which such documents are posted on the Borrower’s behalf on an Internet or intranet website, if any, to which each Cash Collateral Provider and the Agent have access (whether a commercial, third-party website or whether sponsored by the Agent); provided that: (i) the Loan Parties shall deliver paper copies of such documents to Agent or any Cash Collateral Provider upon its request to the Loan Parties to deliver such paper copies until a written request to cease delivering paper copies is given by Agent or such Cash Collateral Provider and (ii) Loan Parties shall notify Agent (by facsimile or electronic mail) of the posting of any such documents. Agent shall have no obligation to request the delivery of or to maintain paper copies of the documents referred to above, and in any event shall have no responsibility to monitor compliance by Loan Parties with any such request by a Cash Collateral Provider for delivery, and each Cash Collateral Provider shall be solely responsible for requesting delivery to it or maintaining its copies of such documents. (c) It is understood and agreed that if any Cash Collateral Provider requests to be treated as a “public” Cash Collateral Provider, Borrower will provide such Cash Collateral Provider with a Compliance Certificate that is not populated with the actual ratio calculations and merely provides for a certification of compliance or non-compliance.