Common use of Certification of Public Information Clause in Contracts

Certification of Public Information. (a) Concurrently with the delivery of any document or notice required to be delivered pursuant to any Loan Document, the Borrowers shall indicate in writing whether such document or notice contains Nonpublic Information. The Borrowers and each Lender acknowledge that certain of the Lenders may be “public-side” Lenders (Lenders that do not wish to receive material non-public information with respect to the Borrowers, their Subsidiaries or their securities) and, if documents or notices required to be delivered pursuant to this Section 5.14 or otherwise are being distributed through IntraLinks/IntraAgency, Syndtrak or another relevant website or other information platform (the “Platform”), any document or notice that the Borrowers have indicated contains Nonpublic Information shall not be posted on that portion of the Platform designated for such public-side Lenders. If the Borrowers have not indicated whether a document or notice delivered pursuant to this Section 5.14 contains Nonpublic Information, the Administrative Agent shall post such document or notice solely on that portion of the Platform designated for Lenders who wish to receive material non-public information with respect to the Borrowers, their Subsidiaries and their securities. The Borrowers acknowledge and agree that the list of Disqualified Institutions does not constitute Nonpublic Information and shall be posted promptly to all Lenders by the Administrative Agent (including any updates thereto).

Certification of Public Information. (a) Concurrently with the delivery of any document or notice required to be delivered pursuant to any Loan Document, the Borrowers Borrower shall indicate in writing whether such document or notice contains Nonpublic Information. The Borrowers Borrower and each Lender acknowledge that certain of the Lenders may be “public-side” Lenders (Lenders that do not wish to receive material non-public information with respect to the BorrowersBorrower, their its Subsidiaries or their securities) and, if documents or notices required to be delivered pursuant to this Section 5.14 5.15 or otherwise are being distributed through IntraLinks/IntraAgency, Syndtrak or another relevant website or other information platform (the “Platform”), any document or notice that the Borrowers have Borrower has indicated contains Nonpublic Information shall not be posted on that portion of the Platform designated for such public-side Lenders. If the Borrowers have Borrower has not indicated whether a document or notice delivered pursuant to this Section 5.14 5.15 contains Nonpublic Information, the Administrative Agent shall reserves the right to post such document or notice solely on that portion of the Platform designated for Lenders who wish to receive material non-public nonpublic information with respect to the BorrowersBorrower, their its Subsidiaries and their securities. The Borrowers acknowledge and agree that the list of Disqualified Institutions does not constitute Nonpublic Information and shall be posted promptly to all Lenders by the Administrative Agent (including any updates thereto).

Certification of Public Information. (a) Concurrently with the delivery of any document or notice required to be delivered pursuant to any Loan Documentthis Section 5.1, the Borrowers Borrower shall indicate in writing whether such document or notice contains Nonpublic Information. The Borrowers Borrower and each Lender acknowledge that certain of the Lenders may be “public-side” Lenders (Lenders that do not wish to receive material non-public information with respect to the BorrowersBorrower, their its Subsidiaries or their securities) and, if documents or notices required to be delivered pursuant to this Section 5.14 5.1 or otherwise are being distributed through IntraLinks/IntraAgency, Syndtrak SyndTrak or another relevant website or other information platform (the “Platform”), any document or notice that the Borrowers have Borrower has indicated contains Nonpublic Information shall not be posted on that portion of the Platform designated for such public-side Lenders. If the Borrowers have Borrower has not indicated whether a document or notice delivered pursuant to this Section 5.14 5.1 contains Nonpublic Information, the Administrative Agent shall reserves the right to post such document or notice solely on that portion of the Platform designated for Lenders who wish to receive material non-public nonpublic information with respect to the BorrowersBorrower, their its Subsidiaries and their securities. The Borrowers acknowledge and agree that the list of Disqualified Institutions does not constitute Nonpublic Information and shall be posted promptly to all Lenders by the Administrative Agent (including any updates thereto).

Certification of Public Information. (a) Concurrently with the delivery of any document or notice required to be delivered pursuant to any Loan Documentthis Section 5.1, the Borrowers Borrower shall indicate in writing whether such document or notice contains Nonpublic Information. The Borrowers Borrower and each Lender acknowledge that certain of the Lenders may be “public-side” Lenders (Lenders that do not wish to receive material non-public information with respect to the BorrowersBorrower, their its Subsidiaries or their securities) and, if documents or notices required to be delivered pursuant to this Section 5.14 5.1 or otherwise are being distributed through IntraLinks/IntraAgency, Syndtrak SyndTrak or another relevant website or other information platform (the “Platform”), any document or notice that the Borrowers have Borrower has indicated contains Nonpublic Information shall not be posted on that portion of the Platform designated for such public-side Lenders. If the Borrowers have Borrower has not indicated whether a document or notice delivered pursuant to this Section 5.14 5.1 contains solely Nonpublic Information, the Administrative Agent shall reserves the right to post such document or notice solely on that portion of the Platform designated for Lenders who wish to receive material non-public nonpublic information with respect to the BorrowersBorrower, their its Subsidiaries and their securities. The Borrowers acknowledge and agree that the list of Disqualified Institutions does not constitute Nonpublic Information and shall be posted promptly to all Lenders by the Administrative Agent (including any updates thereto).;

Certification of Public Information. (a) Concurrently with the delivery of any document or notice required to be delivered pursuant to any Loan Document, the Borrowers Borrower shall indicate in writing whether such document or notice contains Nonpublic Information. The Borrowers Borrower and each Lender acknowledge that certain of the Lenders may be “public-side” Lenders (Lenders that do not wish to receive material non-public information with respect to the BorrowersBorrower, their its Subsidiaries or their securities) and, if documents or notices required to be delivered pursuant to this Section 5.14 or otherwise are being distributed through IntraLinks/IntraAgency, Syndtrak or another relevant website or other information platform (the “Platform”), any document or notice that the Borrowers have Borrower has indicated contains Nonpublic Information shall not be posted on that portion of the Platform designated for such public-side Lenders. If the Borrowers have Borrower has not indicated whether a document or notice delivered pursuant to this Section 5.14 contains Nonpublic Information, the Administrative Agent shall post such document or notice solely on that portion of the Platform designated for Lenders who wish to receive material non-public information with respect to the BorrowersBorrower, their its Subsidiaries and their securities. The Borrowers acknowledge Borrower acknowledges and agree agrees that the list of Disqualified Institutions does not constitute Nonpublic Information and shall be posted promptly to all Lenders by the Administrative Agent (including any updates thereto).

Certification of Public Information. (a) Concurrently with the delivery of any document or notice required to be delivered pursuant to any Loan Document, the Borrowers shall indicate in writing whether such document or notice contains Nonpublic Information. The Borrowers Borrower and each Lender acknowledge that certain of the Lenders may be “public-side” Lenders (Lenders that do not wish to receive material non-public information with respect to the BorrowersBorrower, their its Subsidiaries or their securities) and, if documents or notices required to be delivered pursuant to this Section 5.14 5.01(a) or otherwise are being distributed through IntraLinks/IntraAgency, Syndtrak SyndTrak or another relevant website or other information platform (the “Platform”), any document or notice that the Borrowers have Borrower has indicated contains Nonpublic Non-Public Information shall not be posted on that portion of the Platform designated for such public-side Lenders. The Borrower agrees to clearly designate all Information provided to the Administrative Agent by or on behalf of the Borrower which is suitable to make available to Public Lenders. If the Borrowers have Borrower has not indicated whether a document or notice delivered pursuant to this Section 5.14 5.01(a) contains Nonpublic Non-Public Information, the Administrative Agent shall reserves the right to post such document or notice solely on that portion of the Platform designated for Lenders who wish to receive material non-public information with respect to the BorrowersBorrower, their its Subsidiaries and their securities. The Borrowers acknowledge and agree that the list of Disqualified Institutions does not constitute Nonpublic Information and shall be posted promptly to all Lenders by the Administrative Agent (including any updates thereto).

Certification of Public Information. (a) Concurrently with the delivery of any document or notice required to be delivered pursuant to any Loan Documentthis Section 5.1, the Borrowers Borrower shall indicate in writing whether such document or notice contains Nonpublic Information. The Borrowers Borrower and each Lender acknowledge that certain of the Lenders may be “public-side” Lenders (Lenders that do not wish to receive material non-public information with respect to the BorrowersBorrower, their its Subsidiaries or their securities) and, if documents or notices required to be delivered pursuant to this Section 5.14 5.1 or otherwise are being distributed through IntraLinks/IntraAgency, Syndtrak SyndTrak or another relevant website or other information platform (the “Platform”), any document or notice that the Borrowers have Borrower has indicated contains Nonpublic Information shall not be posted on that portion of the Platform designated for such public-side Lenders. If the Borrowers have Borrower has not indicated whether a document or notice delivered pursuant to this Section 5.14 5.1 contains Nonpublic Information, the Administrative Agent shall reserves the right to post such document or notice solely on that portion of the Platform designated for Lenders who wish to receive material non-public nonpublic information with respect to the BorrowersBorrower, their its Subsidiaries and their securities. The Borrowers acknowledge and agree that the list of Disqualified Institutions does not constitute Nonpublic Information and shall be posted promptly to all Lenders by the Administrative Agent (including any updates thereto).’

Certification of Public Information. (a) Concurrently with the delivery of any document or notice required to be delivered pursuant to this Section 5.1 or otherwise provided to Administrative Agent by or on behalf of Parent or any Loan Documentother Credit Party, the Borrowers Parent shall indicate in writing whether such document or notice contains Nonpublic InformationInformation that is of the type that would constitute material non-public information for purposes of United States Federal and State securities laws. The Borrowers Parent and each Lender acknowledge acknowledges that certain of the Lenders may be “public-side” Public Lenders (Lenders that do not wish to receive material non-public information with respect to the Borrowers, their Subsidiaries or their securities) and, if documents or notices required to be delivered pursuant to this Section 5.14 5.1 or otherwise are being distributed through IntraLinks/IntraAgency, Syndtrak SyndTrak or another relevant website or other similar information platform selected by Administrative Agent (the “Platform”), any document or notice that the Borrowers have Parent has indicated contains such Nonpublic Information shall not be posted on that portion of the Platform designated for such public-side Public Lenders. If the Borrowers have Parent has not indicated whether a document or notice delivered pursuant to this Section 5.14 5.1 contains such Nonpublic Information, the Administrative Agent shall reserves the right to post such document or notice solely on that portion of the Platform designated for Lenders who wish to receive material non-public information such Nonpublic Information with respect to the BorrowersParent, their its Subsidiaries and their securitiesrespective Securities. The Borrowers acknowledge Parent and each Borrower agree that the list of Disqualified Institutions does not constitute Nonpublic Information Compliance Certificate delivered pursuant to Section 5.1(a), (b) and shall (c) can be posted to that portion of the Platform designated for Public Lenders unless Parent promptly to all Lenders by the notifies Administrative Agent (including any updates thereto)otherwise.

Certification of Public Information. (a) Concurrently with the delivery of any document or notice required to be delivered pursuant to any Loan Documentthis Section 5.1, the Borrowers Borrower shall indicate in writing whether such document or notice contains Nonpublic Information. The Borrowers Borrower and each Lender acknowledge that certain of the Lenders may be “public-side” Lenders (Lenders that do not wish to receive material non-public information with respect to the BorrowersBorrower, their its Subsidiaries or their securities) and, if documents or notices required to be delivered pursuant to this Section 5.14 5.1 or otherwise are being distributed through IntraLinks/IntraAgency, Syndtrak SyndTrak or another relevant website or other information platform (the “Platform”), any document or notice that the Borrowers have Borrower has indicated contains Nonpublic Information shall not be posted on that portion of the Platform designated for such public-side Lenders. If the Borrowers have Borrower has not indicated whether a document or notice delivered pursuant to this Section 5.14 5.1 contains solely Nonpublic Information, the Administrative Agent shall reserves the right to post such document or notice solely on that portion of the Platform designated for Lenders who wish to receive material non-public nonpublic information with respect to the BorrowersBorrower, their its Subsidiaries and their securities. The Borrowers acknowledge and agree that the list of Disqualified Institutions does not constitute Nonpublic Information and shall be posted promptly to all Lenders by the Administrative Agent (including any updates thereto).

Certification of Public Information. (a) Concurrently with the delivery of any document or notice required to be delivered pursuant to any Loan Documentthis Section 5.1, the Borrowers Borrower shall indicate in writing whether such document or notice contains Nonpublic Information. The Borrowers Borrower and each Lender acknowledge that certain of the Lenders may be “public-side” Lenders (Lenders that do not wish to receive material non-public information with respect to the BorrowersBorrower, their its Subsidiaries or their securities) and, if documents or notices required to be delivered pursuant to this Section 5.14 5.1 or otherwise are being distributed through IntraLinks/IntraAgency, Syndtrak SyndTrak or another relevant website or other information platform (the “Platform”), any document or notice that the Borrowers have Borrower has indicated contains Nonpublic Information shall not be posted on that portion of the Platform designated for such public-side Lenders. If the Borrowers have Borrower has not indicated whether a document or notice delivered pursuant to this Section 5.14 5.1 contains Nonpublic Information, the Administrative Agent shall reserves the right to post such document or notice solely on that portion of the Platform designated for Lenders who wish to receive material non-public nonpublic information with respect to the BorrowersBorrower, their its Subsidiaries and their securities. The Borrowers acknowledge and agree that the list of Disqualified Institutions does not constitute Nonpublic Information and shall be posted promptly to all Lenders by the Administrative Agent (including any updates thereto).;

Certification of Public Information. (a) Concurrently with the delivery of any document or notice required to be delivered pursuant to any Loan Document, the Borrowers shall indicate in writing whether such document or notice contains Nonpublic Information. The Borrowers Each Borrower and each Lender acknowledge that certain of the Lenders may be “public-side” Lenders (Lenders that do not wish to receive material non-public information with respect to the Borrowers, their Subsidiaries any Group Member or their its securities) and, if documents or notices required to be delivered pursuant to this Section 5.14 5.01 or otherwise are being distributed through IntraLinks/IntraAgency, Syndtrak SyndTrak or another relevant website or other information platform (the “Platform”), any document or notice that the Borrowers have Borrower Representative has indicated contains Nonpublic Non-Public Information shall not be posted on that portion of the Platform designated for such public-side Lenders. The Borrower Representative agrees to clearly designate all information provided to the Administrative Agent by or on behalf of the Borrowers which is suitable to make available to public lenders. If the Borrowers have Borrower Representative has not indicated whether a document or notice delivered pursuant to this Section 5.14 5.01 contains Nonpublic Non-Public Information, the Administrative Agent shall reserves the right to post such document or notice solely on that portion of the Platform designated for Lenders who wish to receive material non-public information with respect to the Borrowersany Group Member and its securities; provided, their Subsidiaries and their securities. The Borrowers acknowledge and agree that the list of Disqualified Institutions does not constitute Nonpublic Information Borrower Representative acknowledges and shall agrees that the following documents may be posted promptly distributed to all Lenders such public-side Lenders: (a) the Loan Documents and (b) administrative materials prepared by the Arrangers or the Administrative Agent for prospective Lenders (including any updates theretomeeting invitations, allocations and closing memoranda).;

Certification of Public Information. (a) Concurrently with the delivery of any document or notice required to be delivered pursuant to any Loan Documentthis Section 5.1, the Borrowers Borrower shall indicate in writing whether such document or notice contains Nonpublic Information. The Borrowers Borrower and each Lender acknowledge that certain of the Lenders may be “public-side” Lenders (Lenders that do not wish to receive material non-public information with respect to the BorrowersBorrower, their its Subsidiaries or their securities) and, if documents or notices required to be delivered pursuant to this Section 5.14 5.1 or otherwise are being distributed through IntraLinks/IntraAgency, Syndtrak SyndTrak or another relevant website or other information platform (the “Platform”), any document or notice that the Borrowers have Borrower has indicated contains Nonpublic Information shall not be posted on that portion of the Platform designated for such public-side Lenders. If the Borrowers have Borrower has not indicated whether a document or notice delivered pursuant to this Section 5.14 5.1 contains Nonpublic Information, the Administrative Agent shall reserves the right to post such document or notice solely on that portion of the Platform designated for Lenders who wish to receive material non-public nonpublic information with respect to the BorrowersBorrower, their its Subsidiaries and their securities. The Borrowers acknowledge and agree that the list of Disqualified Institutions does not constitute Nonpublic Information and shall be posted promptly to all Lenders by the Administrative Agent (including any updates thereto).

Certification of Public Information. (a) Concurrently with the delivery of any document or notice required to be delivered pursuant to any Loan Documentthis Section 5.1, the Borrowers Company shall indicate in writing whether such document or notice contains Nonpublic Information. The Borrowers Any document or notice delivered pursuant to this Section 5.1 shall be deemed to contain Nonpublic Information unless Company specifies otherwise or such document or notice is filed with the Bankruptcy Court or in connection with reporting requirements of Securities and Exchange Commission. Each Credit Party and each Lender acknowledge that certain of the Lenders may be “public-side” Lenders (Lenders that do not wish to receive material non-public information with respect to the BorrowersCompany, their its Subsidiaries or their securities) and, if documents or notices required to be delivered pursuant to this Section 5.14 5.1 or otherwise are being distributed through IntraLinks/IntraAgency, Syndtrak or another relevant website or other information platform (the “Platform”), any document or notice that the Borrowers have indicated which contains Nonpublic Information (or is deemed to contain Nonpublic Information) shall not be posted on that portion of the Platform designated for such public-public side Lenders. If the Borrowers have Company has not indicated whether a document or notice delivered pursuant to this Section 5.14 5.1 contains Nonpublic Information, the Administrative Agent shall reserves the right to post such document or notice solely on that portion of the Platform designated for Lenders who wish to receive material non-public nonpublic information with respect to the BorrowersHoldings, their its Subsidiaries and their securities. The Borrowers acknowledge and agree that the list of Disqualified Institutions does not constitute Nonpublic Information and shall be posted promptly to all Lenders by the Administrative Agent (including any updates thereto)Securities.

Certification of Public Information. (a) Concurrently with the delivery of any document or notice required to be delivered pursuant to any Loan Documentthis Section 5.1, the Borrowers Borrower shall indicate in writing whether such document or notice contains Nonpublic Information. The Borrowers Borrower and each Lender acknowledge that certain of the Lenders may be “public-side” Lenders (Lenders that do not wish to receive material non-public information with respect to the BorrowersBorrower, their its Subsidiaries or their securities) and, if documents or notices required to be delivered pursuant to this Section 5.14 5.1 or otherwise are being distributed through IntraLinks/IntraAgency, Syndtrak SyndTrak or another relevant website or other information platform (the “Platform”), any document or notice that the Borrowers have Borrower has indicated contains Nonpublic Information shall not be posted on that portion of the Platform designated for such public-side Lenders. If the Borrowers have Borrower has not indicated whether a document or notice delivered pursuant to this Section 5.14 5.1 contains solely Nonpublic Information, the Administrative Agent shall and Syndication Agent each reserves the right to post such document or notice solely on that portion of the Platform designated for Lenders who wish to receive material non-public nonpublic information with respect to the BorrowersBorrower, their its Subsidiaries and their securities. The Borrowers acknowledge and agree that the list of Disqualified Institutions does not constitute Nonpublic Information and shall be posted promptly to all Lenders by the Administrative Agent (including any updates thereto).

Certification of Public Information. (a) Concurrently with the delivery of any document or notice required to be delivered pursuant to any Loan Documentthis Section 6.6, the Borrowers Borrower shall indicate in writing whether such document or notice contains Nonpublic Information. The Borrowers Borrower and each Lender acknowledge that certain of the Lenders may be “public-side” Lenders (Lenders that do not wish to receive material non-public information with respect to the BorrowersBorrower, their its Subsidiaries or their securities) and, if documents or notices required to be delivered pursuant to this Section 5.14 6.6 or otherwise are being distributed through IntraLinks/IntraAgency, Syndtrak SyndTrak or another relevant website or other information platform (the “Platform”), any document or notice that the Borrowers have Borrower has indicated contains Nonpublic Information shall not be posted on that portion of the Platform designated for such public-side Lenders. If the Borrowers have Borrower has not indicated whether a document or notice delivered pursuant to this Section 5.14 6.6 contains Nonpublic Information, the Administrative Agent shall reserves the right to post such document or notice solely on that portion of the Platform designated for Lenders who wish to receive material non-public nonpublic information with respect to the BorrowersBorrower, their its Subsidiaries and their securities. The Borrowers acknowledge and agree that the list of Disqualified Institutions does not constitute Nonpublic Information and shall be posted promptly to all Lenders by the Administrative Agent (including any updates thereto).

Certification of Public Information. (a) Concurrently with the delivery of any document or notice required to be delivered pursuant to this Section 5.1 or otherwise provided to Administrative Agent by or on behalf of Parent or any Loan Documentother Credit Party, the Borrowers Parent shall indicate in writing whether such document or notice contains Nonpublic InformationInformation that is of the type that would constitute material non-public information for purposes of United States Federal and State securities laws. The Borrowers Parent and each Lender acknowledge acknowledges that certain of the Lenders may be “public-side” Public Lenders (Lenders that do not wish to receive material non-public information with respect to the Borrowers, their Subsidiaries or their securities) and, if documents or notices required to be delivered pursuant to this Section 5.14 5.1 or otherwise are being distributed through IntraLinks/IntraAgency, Syndtrak SyndTrak or another relevant website or other similar information platform selected by Administrative Agent (the “Platform”), any document or notice that the Borrowers have Parent has indicated contains such Nonpublic Information shall not be posted on that portion of the Platform designated for such public-side Public Lenders. If the Borrowers have Parent has not indicated whether a document or notice delivered pursuant to this Section 5.14 5.1 contains such Nonpublic Information, the Administrative Agent shall reserves the right to post such document or notice solely on that portion of the Platform designated for Lenders who wish to receive material non-public information such Nonpublic Information with respect to the BorrowersParent, their its Subsidiaries and their securitiesrespective Securities. The Borrowers acknowledge Parent and Borrower agree that the list of Disqualified Institutions does not constitute Nonpublic Information Compliance Certificate delivered pursuant to Section 5.1(a), (b) and shall (c) can be posted to that portion of the Platform designated for Public Lenders unless Parent promptly to all Lenders by the notifies Administrative Agent (including any updates thereto)otherwise.

Certification of Public Information. (a) Concurrently with the delivery of any document or notice required to be delivered pursuant to any Loan Documentthis Section 5.1, the Borrowers Company shall indicate in writing whether such document or notice contains Nonpublic Information. The Borrowers Any document or notice delivered pursuant to this Section 5.1 shall be deemed to contain Nonpublic Information unless Company specifies otherwise or such document or notice is filed with the Bankruptcy Court or in connection with reporting requirements of Securities and Exchange Commission. Each Credit Party and each Lender acknowledge that certain of the Lenders may be “public-side” Lenders (Lenders that do not wish to receive material non-public information with respect to the BorrowersCompany, their its Subsidiaries or their securities) and, if documents or notices required to be delivered pursuant to this Section 5.14 5.1 or otherwise are being distributed through IntraLinks/IntraAgency, Syndtrak or another relevant website or other information platform (the “Platform”), any document or notice that the Borrowers have indicated which contains Nonpublic Information (or is deemed to contain Nonpublic Information) shall not be posted on that portion of the Platform designated for such public-public side Lenders. If the Borrowers have Company has not indicated whether a document or notice delivered pursuant to this Section 5.14 5.1 contains Nonpublic Information, the Administrative Agent shall reserves the right to post such document or notice solely on that portion of the Platform designated for Lenders who wish to receive material non-public nonpublic information with respect to the BorrowersParent, their its Subsidiaries and their securities. The Borrowers acknowledge and agree that the list of Disqualified Institutions does not constitute Nonpublic Information and shall be posted promptly to all Lenders by the Administrative Agent (including any updates thereto)Securities.

Certification of Public Information. (a) Concurrently with the delivery of any document or notice required to be delivered pursuant to any Loan Document, the Borrowers shall indicate in writing whether such document or notice contains Nonpublic Information. The Borrowers Borrower and each Lender acknowledge that certain of the Lenders may be “public-side” Lenders (Lenders that do not wish to receive material non-public information with respect to the BorrowersBorrower, their its Subsidiaries or their securities) and, if documents or notices required to be delivered pursuant to this Section 5.14 5.01 or otherwise are being distributed through IntraLinks/IntraAgency, Syndtrak SyndTrak or another relevant website or other information platform (the “Platform”), any document or notice that the Borrowers have Borrower has indicated contains Nonpublic Information material non-public information shall not be posted on that portion of the Platform designated for such public-side Lenders. If The Borrower agrees to clearly designate all Information provided to the Borrowers have not Administrative Agent by or on behalf of the Borrower which is suitable to make available to public-side Lenders; provided that, unless the Borrower has indicated whether that a document or notice delivered pursuant to this Section 5.14 contains Nonpublic Information5.01 either does not contain material non-public information or is available for distribution to public-side Lenders, the Administrative Agent shall post such document or notice solely on that portion of the Platform designated for Lenders who wish to receive material non-public information with respect to the BorrowersBorrower, their its Subsidiaries and their securities. The Borrowers acknowledge and agree that the list of Disqualified Institutions does not constitute Nonpublic Information and shall be posted promptly to all Lenders by the Administrative Agent (including any updates thereto).;

Certification of Public Information. (a) Concurrently with the delivery of any document or notice required to be delivered pursuant to any Loan Documentthis Section 5.1, the Borrowers Borrower shall indicate in writing whether such document or notice contains Nonpublic Information. The Borrowers Borrower and each Lender acknowledge that certain of the Lenders may be “public-side” Lenders (Lenders that do not wish to receive material non-public information with respect to the BorrowersBorrower, their its Subsidiaries or their securities) and, if documents or notices required to be delivered pursuant to this Section 5.14 5.1 or otherwise are being distributed through IntraLinks/IntraAgency, Syndtrak SyndTrak or another relevant website or other information platform (the “Platform”), any document or notice that the Borrowers have Borrower has indicated contains Nonpublic Information shall not be posted on that portion of the Platform designated for such public-side Lenders. If the Borrowers have Borrower has not indicated whether a document or notice delivered pursuant to this Section 5.14 5.1 or any other provision of this Agreement hereof contains Nonpublic Information, the Administrative Agent shall reserves the right to post such document or notice solely on that portion of the Platform designated for Lenders who wish to receive material non-public nonpublic information with respect to the BorrowersBorrower, their its Subsidiaries and their securities. The Borrowers acknowledge and agree that the list of Disqualified Institutions does not constitute Nonpublic Information and shall be posted promptly to all Lenders by the Administrative Agent (including any updates thereto).

Certification of Public Information. (a) Concurrently with the delivery of any document or notice required to be delivered pursuant to any Loan Document, the Borrowers shall indicate in writing whether such document or notice contains Nonpublic Information. The Borrowers Parent Guarantor and each Lender acknowledge that certain of the Lenders may be “public-side” Lenders (Lenders that do not wish to receive material non-public information with respect to the BorrowersParent Guarantor, their its Subsidiaries or their securities) and, if documents or notices required to be delivered pursuant to this Section 5.14 5.01 or otherwise are being distributed through IntraLinks/IntraAgency, Syndtrak SyndTrak or another relevant website or other information platform (the “Platform”), any document or notice that the Borrowers have Parent Guarantor has indicated contains Nonpublic Non-Public Information shall not be posted on that portion of the Platform designated for such public-side Lenders. Parent Guarantor agrees to clearly designate all Information provided to the Administrative Agent by or on behalf of Parent Guarantor which is suitable to make available to Public Lenders. If the Borrowers have Parent Guarantor has not indicated whether a document or notice delivered pursuant to this Section 5.14 5.01 contains Nonpublic Non-Public Information, the Administrative Agent shall reserves the right to post such document or notice solely on that portion of the Platform designated for Lenders who wish to receive material non-public information with respect to the BorrowersParent Guarantor, their its Subsidiaries and their securities. The Borrowers acknowledge and agree that the list of Disqualified Institutions does not constitute Nonpublic Information and shall be posted promptly to all Lenders by the Administrative Agent (including any updates thereto).;