Common use of Confidentiality; Non-Public Information Clause in Contracts

Confidentiality; Non-Public Information. (a) The Administrative Agent and each Lender agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (i) to its Affiliates and its and its Affiliates’ directors, officers, employees, agents and other Related Parties, including accountants, legal counsel and other advisors, to its Approved Funds’ directors and officers and to any direct or indirect contractual counterparty in swap agreements (it being understood that each Person to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential or shall be subject to a professional obligation of confidentiality), (ii) to the extent requested by any Governmental Authority or any other regulatory authority purporting to have jurisdiction over it or its Affiliates (including any self-regulatory authority, such as the National Association of Insurance Commissioners), (iii) to the extent required by applicable laws or regulations or by any subpoena or similar legal process, provided that in connection with any such requirement by a subpoena or similar legal process, the Administrative Agent or such Lender shall (except with respect to any audit or examination conducted by any Governmental Authority), to the extent practicable and not prohibited by law, inform the Company promptly thereof prior to such disclosure, (iv) to any other party to this Agreement, (v) to the extent required or advisable in the judgment of counsel in connection with any suit, action or proceeding relating to the enforcement of rights of the Administrative Agent or the Lenders against the Company under this Agreement or any other Loan Document, (vi) subject to an agreement containing provisions substantially the same as those of this Section, to (A) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights or obligations under this Agreement or (B) any actual or prospective counterparty (or its advisors) to any swap or derivative transaction or any credit insurance provider relating to the Company and its obligations, (vii) with the written consent of the Company, (viii) on a confidential basis to (A) any rating agency in connection with the rating of the Company or its Subsidiaries or (B) the CUSIP Service Bureau or any similar agency in connection with the issuance and monitoring of CUSIP numbers with respect to this Agreement or (ix) to the extent such Information (A) becomes publicly available other than as a result of a breach of this Section of which the Administrative Agent or such Lender is aware, (B) becomes available to the Administrative Agent or any Lender on a non-confidential basis from a source other than the Company other than as a result of a breach of this Section of which the Administrative Agent or such Lender is aware. In addition, the Administrative Agent and each Lender may disclose the existence of this Agreement and the amount of its Commitment to market data collectors, similar service providers, to the lending industry and service providers to the Administrative Agent or any Lender in connection with the administration of this Agreement, the other Loan Documents and the Commitments. For the purposes of this Section, “Information” means all information received from the Company relating to the Company or its Subsidiaries or their 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 the Company other than as a result of a breach of this Section of which the Administrative Agent or such Lender is aware. 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.

Confidentiality; Non-Public Information. (a) The 15.9.1 As required by federal law and Administrative Agent’s policies and practices, Administrative Agent may need to obtain, verify, and record certain customer identification information and documentation in connection with opening or maintaining accounts, or establishing or continuing to provide services. Administrative Agent and each Lender agrees agree to use commercially reasonable efforts (equivalent to the efforts Administrative Agent or such Lender applies to maintain the confidentiality of the Information (its own confidential information) to maintain as defined below)confidential all information provided to them by any Loan Party and designated as confidential, except that Information may be disclosed (i) to its Affiliates and its and its Affiliates’ directors, officers, employees, agents and other Related Parties, including accountants, legal counsel and other advisors, to its Approved Funds’ directors and officers and to any direct or indirect contractual counterparty in swap agreements (it being understood that each Person to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential or shall be subject to a professional obligation of confidentiality), (ii) to the extent requested by any Governmental Authority or any other regulatory authority purporting to have jurisdiction over it or its Affiliates (including any self-regulatory authority, such as the National Association of Insurance Commissioners), (iii) to the extent required by applicable laws or regulations or by any subpoena or similar legal process, provided that in connection with any such requirement by a subpoena or similar legal process, the Administrative Agent or such Lender shall (except with respect to any audit or examination conducted by any Governmental Authority), to the extent practicable and not prohibited by law, inform the Company promptly thereof prior to such disclosure, (iv) to any other party to this Agreement, (v) to the extent required or advisable in the judgment of counsel in connection with any suit, action or proceeding relating to the enforcement of rights of the Administrative Agent or the Lenders against the Company under this Agreement or any other Loan Document, (vi) subject to an agreement containing provisions substantially the same as those of this Section, to (A) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights or obligations under this Agreement or (B) any actual or prospective counterparty (or its advisors) to any swap or derivative transaction or any credit insurance provider relating to the Company and its obligations, (vii) with the written consent of the Company, (viii) on a confidential basis to (A) any rating agency in connection with the rating of the Company or its Subsidiaries or (B) the CUSIP Service Bureau or any similar agency in connection with the issuance and monitoring of CUSIP numbers with respect to this Agreement or (ix) to the extent such Information (A) becomes publicly available other than as a result of a breach of this Section of which the Administrative Agent or such Lender is aware, (B) becomes available to the Administrative Agent or any Lender on a non-confidential basis from a source other than the Company other than as a result of a breach of this Section of which the Administrative Agent or such Lender is aware. In addition, the Administrative Agent and each Lender may disclose the existence of this Agreement and the amount of its Commitment such information (a) to market data collectors, similar service providers, to the lending industry and service providers to the Persons employed or engaged by Administrative Agent or such Lender or such Lender’s Affiliates or Approved Funds in evaluating, approving, structuring or administering the Term Loans and the Term Loan Commitments, provided that, all such Persons shall be bound by obligations of confidentiality in respect of such information no less restrictive than this Section 15.9; (b) to any assignee or participant or potential assignee or participant that has agreed to comply with the covenant contained in this Section 15.9 (and any such assignee or participant or potential assignee or participant may disclose such information to Persons employed or engaged by them as described in clause (a) above); (c) as required or requested by any federal or state regulatory authority or examiner, or any insurance industry association, or as reasonably believed by Administrative Agent or such Lender to be compelled by any court decree, subpoena or legal or administrative order or process; (d) as, on the advice of Administrative Agent’s or such Lender’s counsel, is required by law; (e) in connection with the administration exercise of this Agreement, any right or remedy under the other Loan Documents and the Commitments. For the purposes of this Section, “Information” means all information received from the Company relating or in connection with any litigation to the Company or its Subsidiaries or their 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 the Company other than as a result of a breach of this Section of which the Administrative Agent or such Lender is aware. Any Person required a party; (f) to maintain any nationally recognized rating agency that requires access to information about a Lender’s investment portfolio in connection with ratings issued with respect to such Lender; (g) to any Affiliate of Administrative Agent, or any Lender who may provide Bank Products to the Loan Parties, provided that, all such Persons shall be bound by obligations of confidentiality in respect of Information as provided in such information no less restrictive than this Section shall 15.9; (h) to Lender’s independent auditors and other professional advisors as to which such information has been identified as confidential; or (i) that ceases to be considered confidential through no fault of Administrative Agent or any Lender. In the case of any disclosure under Sections 15.9.1(c), (d), (e) and (f), Administrative Agent and such Lender will provide Borrower, to have complied the extent not prohibited by law, with its obligation reasonably prompt notice thereof so that Borrower may seek, at Borrower’s sole expense, an appropriate protective order or other remedy or waive compliance, in whole or in part, with the terms of this Section 15.9. Notwithstanding the foregoing, Borrower consents to do so if such Person has exercised the same degree publication by Administrative Agent or any Lender of care a tombstone or similar advertising material relating to maintain the financing transactions contemplated by this Agreement, and Administrative Agent reserves the right to provide to industry trade organizations information necessary and customary for inclusion in league table measurements. If any provision of any confidentiality agreement, non-disclosure agreement or other similar agreement between Borrower and Lender conflicts with or contradicts this Section 15.9 with respect to the treatment of such Information as such Person would accord to its own confidential information, this section shall supersede all such prior or contemporaneous agreements and understandings between the parties.

Confidentiality; Non-Public Information. (a) The As required by federal law and Administrative Agent’s policies and practices, Administrative Agent may need to obtain, verify, and record certain customer 61 identification information and documentation in connection with opening or maintaining accounts, or establishing or continuing to provide services. Administrative Agent and each Lender agrees agree to use commercially reasonable efforts (equivalent to the efforts Administrative Agent or such Lender applies to maintain the confidentiality of the Information (its own confidential information) to maintain as defined below)confidential all information provided to them by any Loan Party and designated as confidential, except that Information may be disclosed (i) to its Affiliates and its and its Affiliates’ directors, officers, employees, agents and other Related Parties, including accountants, legal counsel and other advisors, to its Approved Funds’ directors and officers and to any direct or indirect contractual counterparty in swap agreements (it being understood that each Person to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential or shall be subject to a professional obligation of confidentiality), (ii) to the extent requested by any Governmental Authority or any other regulatory authority purporting to have jurisdiction over it or its Affiliates (including any self-regulatory authority, such as the National Association of Insurance Commissioners), (iii) to the extent required by applicable laws or regulations or by any subpoena or similar legal process, provided that in connection with any such requirement by a subpoena or similar legal process, the Administrative Agent or such Lender shall (except with respect to any audit or examination conducted by any Governmental Authority), to the extent practicable and not prohibited by law, inform the Company promptly thereof prior to such disclosure, (iv) to any other party to this Agreement, (v) to the extent required or advisable in the judgment of counsel in connection with any suit, action or proceeding relating to the enforcement of rights of the Administrative Agent or the Lenders against the Company under this Agreement or any other Loan Document, (vi) subject to an agreement containing provisions substantially the same as those of this Section, to (A) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights or obligations under this Agreement or (B) any actual or prospective counterparty (or its advisors) to any swap or derivative transaction or any credit insurance provider relating to the Company and its obligations, (vii) with the written consent of the Company, (viii) on a confidential basis to (A) any rating agency in connection with the rating of the Company or its Subsidiaries or (B) the CUSIP Service Bureau or any similar agency in connection with the issuance and monitoring of CUSIP numbers with respect to this Agreement or (ix) to the extent such Information (A) becomes publicly available other than as a result of a breach of this Section of which the Administrative Agent or such Lender is aware, (B) becomes available to the Administrative Agent or any Lender on a non-confidential basis from a source other than the Company other than as a result of a breach of this Section of which the Administrative Agent or such Lender is aware. In addition, the Administrative Agent and each Lender may disclose the existence of this Agreement and the amount of its Commitment such information (a) to market data collectors, similar service providers, to the lending industry and service providers to the Persons employed or engaged by Administrative Agent or such Lender or such Lender’s Affiliates or Approved Funds in evaluating, approving, structuring or administering the Term Loans and the Term Loan Commitments, provided that, all such Persons shall be bound by obligations of confidentiality in respect of such information no less restrictive than this Section 15.9; (b) to any assignee or participant or potential assignee or participant that has agreed to comply with the covenant contained in this Section 15.9 (and any such assignee or participant or potential assignee or participant may disclose such information to Persons employed or engaged by them as described in clause (a) above); (c) as required or requested by any federal or state regulatory authority or examiner, or any insurance industry association, or as reasonably believed by Administrative Agent or such Lender to be compelled by any court decree, subpoena or legal or administrative order or process; (d) as, on the advice of Administrative Agent’s or such Lender’s counsel, is required by law; (e) in connection with the administration exercise of this Agreement, any right or remedy under the other Loan Documents and the Commitments. For the purposes of this Section, “Information” means all information received from the Company relating or in connection with any litigation to the Company or its Subsidiaries or their 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 the Company other than as a result of a breach of this Section of which the Administrative Agent or such Lender is aware. Any Person required a party; (f) to maintain any nationally recognized rating agency that requires access to information about a Lender’s investment portfolio in connection with ratings issued with respect to such Lender; (g) to any Affiliate of Administrative Agent, or any Lender who may provide Bank Products to the Loan Parties, provided that, all such Persons shall be bound by obligations of confidentiality in respect of Information as provided in such information no less restrictive than this Section shall 15.9; (h) to Lender’s independent auditors and other professional advisors as to which such information has been identified as confidential; or (i) that ceases to be considered confidential through no fault of Administrative Agent or any Lender. In the case of any disclosure under Sections 15.9.1(c), (d), (e) and (f), Administrative Agent and such Lender will provide Borrower, to have complied the extent not prohibited by law, with its obligation reasonably prompt notice thereof so that Borrower may seek, at Borrower’s sole expense, an appropriate protective order or other remedy or waive compliance, in whole or in part, with the terms of this Section 15.9. Notwithstanding the foregoing, Borrower consents to do so if such Person has exercised the same degree publication by Administrative Agent or any Lender of care a tombstone or similar advertising material relating to maintain the financing transactions contemplated by this Agreement, and Administrative Agent reserves the right to provide to industry trade organizations information necessary and customary for inclusion in league table measurements. If any provision of any confidentiality agreement, non-disclosure agreement or other similar agreement between Borrower and Lender conflicts with or contradicts this Section 15.9 with respect to the treatment of such Information as such Person would accord to its own confidential information, this section shall supersede all such prior or contemporaneous agreements and understandings between the parties.

Confidentiality; Non-Public Information. (a) The Administrative Agent Agent, each Issuing Bank and each Lender agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (i) to its Affiliates and its and its Affiliates’ directors, officers, employees, agents employees and other Related Partiesagents, including accountants, legal counsel and other advisors, to its Approved Funds’ directors and officers and to any direct or indirect contractual counterparty in swap agreements advisors (it being understood that each Person 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 shall be subject to a professional obligation of confidentialityconfidential), (ii) to the extent requested by any Governmental Authority or any other regulatory authority purporting to have jurisdiction over it or its Affiliates Related Parties (including any self-regulatory authority, such as the National Association of Insurance Commissioners), (iii) to the extent required by applicable laws or regulations or by any subpoena or similar legal processprocess (but only after giving prompt written notice to the Company, provided that in connection with to the extent permitted by law, of any such requirement by a subpoena or similar legal process, the Administrative Agent or such Lender shall request (except with respect to any audit or examination conducted by any Governmental Authority), to the extent practicable and not prohibited by law, inform ) so that the Company promptly thereof prior to such disclosuremay seek a protective order or other appropriate remedy and/or waive compliance with this Section), (iv) to any other party to this Agreement, (v) to the extent required or advisable in the judgment of counsel in connection with the exercise of any remedies hereunder or any suit, action or proceeding relating to the enforcement of rights of the Administrative Agent or the Lenders against the Company under this Agreement or any other Loan Documenthereunder, (vi) subject to an agreement containing provisions substantially the same as those of this Section, to (Ax) 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 (By) any actual or prospective counterparty party (or its advisorsRelated Parties) to any swap swap, derivative or derivative other transaction or any credit insurance provider relating under which payments are to be made by reference to the Company Borrowers and its their obligations, this Agreement or payments hereunder; (vii) with the written consent of the Company, (viii) on a confidential basis to (Ax) any rating agency in connection with the rating of the Company or its Subsidiaries or their Obligations under this Agreement or (By) the CUSIP Service Bureau or any similar agency in connection with the issuance and monitoring of CUSIP numbers with respect to this Agreement Agreement; (viii) with the consent of the Company; or (ix) to the extent such Information (A) becomes publicly available other than as a result of a breach of this Section of which the Administrative Agent Section, or such Lender is aware, (B) becomes available to the Administrative Agent Agent, any Issuing Bank, any Lender or any Lender of their respective Affiliates on a non-confidential nonconfidential basis from a source other than the Company other than as a result of a breach of this Section of which the Administrative Agent or such Lender is awareCompany. In addition, the Administrative Agent and each Lender the Lenders may disclose the existence of this Agreement and the amount of its Commitment information about this Agreement to market data collectors, similar service providers, providers to the lending industry and service providers to the Administrative Agent or any Lender Agents and the Lenders in connection with the administration of this Agreement, the other Loan Documents Documents, and the Commitments. For the purposes of this Section, “Information” means all information received from the Company relating to the Company or its Subsidiaries or their businessesbusiness, other than any such information that is available to the Administrative Agent Agent, any Issuing Bank or any Lender on a non-confidential nonconfidential basis prior to disclosure by the Company; provided that, in the case of information received from the Company other than after the date hereof, such information is clearly identified at the time of delivery as a result of a breach of this Section of which the Administrative Agent or such Lender is awareconfidential. 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.

Confidentiality; Non-Public Information. (a) The 15.9.1 As required by federal law and Administrative Agent’s policies and practices, Administrative Agent may need to obtain, verify, and record certain customer identification information and documentation in connection with opening or maintaining accounts, or establishing or continuing to provide services. Administrative Agent and each Lender agrees agree to use commercially reasonable efforts (no lesser than the efforts Administrative Agent or such Lender applies to maintain the confidentiality of the Information (its own confidential information) to maintain as defined below)confidential all confidential information provided to them by any Loan Party, except that Information may be disclosed (i) to its Affiliates and its and its Affiliates’ directors, officers, employees, agents and other Related Parties, including accountants, legal counsel and other advisors, to its Approved Funds’ directors and officers and to any direct or indirect contractual counterparty in swap agreements (it being understood that each Person to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential or shall be subject to a professional obligation of confidentiality), (ii) to the extent requested by any Governmental Authority or any other regulatory authority purporting to have jurisdiction over it or its Affiliates (including any self-regulatory authority, such as the National Association of Insurance Commissioners), (iii) to the extent required by applicable laws or regulations or by any subpoena or similar legal process, provided that in connection with any such requirement by a subpoena or similar legal process, the Administrative Agent or such Lender shall (except with respect to any audit or examination conducted by any Governmental Authority), to the extent practicable and not prohibited by law, inform the Company promptly thereof prior to such disclosure, (iv) to any other party to this Agreement, (v) to the extent required or advisable in the judgment of counsel in connection with any suit, action or proceeding relating to the enforcement of rights of the Administrative Agent or the Lenders against the Company under this Agreement or any other Loan Document, (vi) subject to an agreement containing provisions substantially the same as those of this Section, to (A) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights or obligations under this Agreement or (B) any actual or prospective counterparty (or its advisors) to any swap or derivative transaction or any credit insurance provider relating to the Company and its obligations, (vii) with the written consent of the Company, (viii) on a confidential basis to (A) any rating agency in connection with the rating of the Company or its Subsidiaries or (B) the CUSIP Service Bureau or any similar agency in connection with the issuance and monitoring of CUSIP numbers with respect to this Agreement or (ix) to the extent such Information (A) becomes publicly available other than as a result of a breach of this Section of which the Administrative Agent or such Lender is aware, (B) becomes available to the Administrative Agent or any Lender on a non-confidential basis from a source other than the Company other than as a result of a breach of this Section of which the Administrative Agent or such Lender is aware. In addition, the Administrative Agent and each Lender may disclose the existence of this Agreement and the amount of its Commitment such information (a) to market data collectors, similar service providers, to the lending industry and service providers to the Persons employed or engaged by Administrative Agent or such Lender or such Lender’s Affiliates or Approved Funds in evaluating, approving, structuring or administering the Term Loans and the Term Loan Commitments, provided that, all such Persons shall be bound by obligations of confidentiality in respect of such information no less restrictive than this Section 15.9; (b) to any assignee or participant or potential assignee or participant that has agreed to comply with the covenant contained in this Section 15.9 (and any such assignee or participant or potential assignee or participant may disclose such information to Persons employed or engaged by them as described in clause (a) above); (c) as required or requested by any federal or state regulatory authority or examiner or by applicable law (including securities laws), or any insurance industry association, or as reasonably believed by Administrative Agent or such Lender to be compelled by any court decree, subpoena or legal or administrative order or process; (d) as, on the advice of Administrative Agent’s or such Lender’s counsel, is required by law; (e) in connection with the administration exercise of this Agreement, any right or remedy under the other Loan Documents and the Commitments. For the purposes of this Section, “Information” means all information received from the Company relating or in connection with any litigation to the Company or its Subsidiaries or their 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 the Company other than as a result of a breach of this Section of which the Administrative Agent or such Lender is aware. Any Person required a party; (f) to maintain any nationally recognized rating agency that requires access to information about a Lender’s investment portfolio in connection with ratings issued with respect to such Lender; (g) to any Affiliate of Administrative Agent, or any Lender who may provide Bank Products to the Loan Parties, provided that, all such Persons shall be bound by obligations of confidentiality in respect of Information as provided in such information no less restrictive than this Section shall 15.9; (h) to Lender’s independent auditors and other professional advisors as to which such information has been identified as confidential; or (i) that ceases to be considered confidential through no fault of Administrative Agent or any Lender. In the case of any disclosure under Sections 15.9.1(c), (d), (e) and (f), Administrative Agent and such Lender will provide Borrower, to have complied the extent not prohibited by law, with its obligation reasonably prompt notice thereof so that Borrower may seek, at Borrower’s sole expense, an appropriate protective order or other remedy or waive compliance, in whole or in part, with the terms of this Section 15.9, and Administrative Agent and such Lender will reasonably cooperate with Borrower, at Borrower’s expense, with respect thereto. Notwithstanding the foregoing, Borrower consents to do so if such Person has exercised the same degree publication by Administrative Agent or any Lender of care a tombstone or similar advertising material relating to maintain the financing transactions contemplated by this Agreement, and Administrative Agent reserves the right to provide to industry trade organizations information necessary and customary for inclusion in league table measurements. If any provision of any confidentiality agreement, non-disclosure agreement or other similar agreement between Borrower and Lender conflicts with or contradicts this Section 15.9 with respect to the treatment of such Information as such Person would accord to its own confidential information, this section shall supersede all such prior or contemporaneous agreements and understandings between the parties.

Confidentiality; Non-Public Information. (a) The Administrative Agent and each Lender agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (i) to its Affiliates and its and its Affiliates’ directors, officers, employees, agents employees and other Related Partiesagents, including accountants, legal counsel and other advisors, to its Approved Related Funds’ directors and officers and to any direct or indirect contractual counterparty in swap agreements (it being understood that each Person to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential or shall be subject to a professional obligation of confidentialityconfidential), (ii) to the extent requested by any Governmental Authority or any other regulatory authority purporting to have jurisdiction over it or its Affiliates (including any self-regulatory authority, ) having jurisdiction over such as the National Association of Insurance Commissioners)Lender, (iii) to the extent required by applicable laws or regulations or by any subpoena or similar legal process, provided that in connection with any such requirement by a subpoena or similar legal process, the Administrative Agent or such Lender shall (except with respect to any audit or examination conducted by any Governmental Authority), to the extent practicable and not prohibited by law, inform the Company promptly thereof prior to such disclosure, (iv) to any other party to this Agreement, (v) to the extent required or advisable in the judgment of counsel in connection with any suit, action or proceeding relating to the enforcement of rights of the Administrative Agent Agents or the Lenders against the Company Borrower under this Agreement or any other Loan Document, (vi) subject to an agreement containing provisions substantially the same as those of this Section, to (A) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights or obligations under this Agreement or (B) any actual or prospective counterparty (or its advisors) to any swap or derivative transaction or any credit insurance provider relating to the Company Borrower and its obligations, (vii) with the written consent of the Company, (viii) on a confidential basis to (A) any rating agency in connection with the rating of the Company or its Subsidiaries or (B) the CUSIP Service Bureau or any similar agency in connection with the issuance and monitoring of CUSIP numbers with respect to this Agreement or (ixviii) to the extent such Information (A) becomes publicly available other than as a result of a breach of this Section of which the Administrative such Agent or such Lender is aware, aware or (B) becomes available to the Administrative Agent or any Lender on a non-confidential nonconfidential basis from a source other than the Company other than as a result of a breach of this Section of which the Administrative such Agent or such Lender is aware. In addition, the Administrative Agent and each Lender may disclose the existence of this Agreement and the amount of its Commitment to market data collectors, similar service providers, to the lending industry and service providers to the Administrative Agent or any Lender in connection with the administration of this Agreement, the other Loan Documents and the Commitments. For the purposes of this Section, “Information” means all information received from the Company relating to the Company or its Subsidiaries or their businessesbusiness, other than any such information that is available to the Administrative Agent or any Lender on a non-confidential nonconfidential basis prior to disclosure by the Company other than as a result of a breach of this Section of which the Administrative Agent or such Lender is aware. 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.

Confidentiality; Non-Public Information. (a) The Administrative Agent and each Lender agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (i) to its Affiliates and its and its Affiliates’ directors, officers, employees, agents employees and other Related Partiesagents, including accountants, legal counsel and other advisors, to its Approved Related Funds’ directors and officers and to any direct or indirect contractual counterparty in swap agreements (it being understood that each Person to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential or shall be subject to a professional obligation of confidentialityconfidential), (ii) to the extent requested by any Governmental Authority or any other regulatory authority purporting to have jurisdiction over it or its Affiliates (including any self-regulatory authority, ) having jurisdiction over such as the National Association of Insurance Commissioners)Lender, (iii) to the extent required by applicable laws or regulations or by any subpoena or similar legal process, provided that in connection with any such requirement by a subpoena or similar legal process, the Administrative Agent or such Lender shall (except with respect to any audit or examination conducted by any Governmental Authority), to the extent practicable and not prohibited by law, inform the Company promptly thereof prior to such disclosure, (iv) to any other party to this Agreement, (v) to the extent required or advisable in the judgment of counsel in connection with any suit, action or proceeding relating to the enforcement of rights of the Administrative Agent Agents or the Lenders against the Company Borrowers under this Agreement or any other Loan Document, (vi) subject to an agreement containing provisions substantially the same as those of this Section, to (A) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights or obligations under this Agreement or (B) any actual or prospective counterparty (or its advisors) to any swap or derivative transaction or any credit insurance provider relating to the Company Borrower and its obligations, (vii) with the written consent of the Company, (viii) on a confidential basis to (A) any rating agency in connection with the rating of the Company or its Subsidiaries or (B) the CUSIP Service Bureau or any similar agency in connection with the issuance and monitoring of CUSIP numbers with respect to this Agreement or (ixviii) to the extent such Information (A) becomes publicly available other than as a result of a breach of this Section of which the Administrative such Agent or such Lender is aware, aware or (B) becomes available to the Administrative Agent or any Lender on a non-confidential nonconfidential basis from a source other than the Company other than as a result of a breach of this Section of which the Administrative such Agent or such Lender is aware. In addition, the Administrative Agent and each Lender may disclose the existence of this Agreement and the amount of its Commitment to market data collectors, similar service providers, to the lending industry and service providers to the Administrative Agent or any Lender in connection with the administration of this Agreement, the other Loan Documents and the Commitments. For the purposes of this Section, “Information” means all information received from the Company relating to the Company or its Subsidiaries or their 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 the Company other than as a result of a breach of this Section of which the Administrative Agent or such Lender is aware. 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.,

Confidentiality; Non-Public Information. (a) The Administrative Agent and each Lender agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (i) to its Affiliates and its and its Affiliates’ directors, officers, employees, agents employees and other Related Partiesagents, including accountants, legal counsel and other advisors, to its Approved Related Funds’ directors and officers and to any direct or indirect contractual counterparty in swap agreements (it being understood that each Person to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential or shall be subject to a professional obligation of confidentialityconfidential), (ii) to the extent requested by any Governmental Authority or any other regulatory authority purporting to have jurisdiction over it or its Affiliates (including any self-regulatory authority, ) having jurisdiction over such as the National Association of Insurance Commissioners)Lender, (iii) to the extent required by applicable laws or regulations or by any subpoena or similar legal process, provided that in connection with any such requirement by a subpoena or similar legal process, the Administrative Agent or such Lender shall (except with respect to any audit or examination conducted by any Governmental Authority), to the extent practicable and not prohibited by law, inform the Company promptly thereof prior to such disclosure, (iv) to any other party to this Agreement, (v) to the extent required or advisable in the judgment of counsel in connection with any suit, action or proceeding relating to the enforcement of rights of the Administrative Agent or the Lenders against the Company Borrower under this Agreement or any other Loan Document, (vi) subject to an agreement containing provisions substantially the same as those of this Section, to (A) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights or obligations under this Agreement or (B) any actual or prospective counterparty (or its advisors) to any swap or derivative transaction or any credit insurance provider relating to the Company Borrower and its obligations, (vii) with the written consent of the Company, Borrower or (viii) on a confidential basis to (A) any rating agency in connection with the rating of the Company or its Subsidiaries or (B) the CUSIP Service Bureau or any similar agency in connection with the issuance and monitoring of CUSIP numbers with respect to this Agreement or (ix) to the extent such Information (A) becomes publicly available other than as a result of a breach of this Section of which the Administrative Agent or such Lender is aware, aware or (B) becomes available to the Administrative Agent or any Lender on a non-confidential nonconfidential basis from a source other than the Company Borrower other than as a result of a breach of this Section of which the Administrative Agent or such Lender is aware. In addition, the Administrative Agent and each Lender may disclose the existence of this Agreement and the amount of its Commitment to market data collectors, similar service providers, to the lending industry and service providers to the Administrative Agent or any Lender in connection with the administration of this Agreement, the other Loan Documents and the Commitments. For the purposes of this Section, “Information” means all information received from the Company Borrower relating to the Company Borrower or its Subsidiaries or their businessesbusiness, other than any such information that is available to the Administrative Agent or any Lender on a non-confidential nonconfidential basis prior to disclosure by the Company Borrower other than as a result of a breach of this Section of which the Administrative Agent or such Lender is aware. 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.

Confidentiality; Non-Public Information. (a) The Each of the Administrative Agent Agent, the Lenders, the Swingline Lender and each the Issuing Lender agrees to maintain the confidentiality of non-public information with respect to the Information (as defined below)Borrower and its Subsidiaries which is furnished pursuant to this Credit Agreement, any other Credit Documents or any documents contemplated by or referred to herein or therein, except that Information such information may be disclosed (ia) to its Affiliates and to its and its Affiliates’ ' respective partners, directors, officers, employees, agents agents, advisors and other Related Parties, including accountants, legal counsel and other advisors, to its Approved Funds’ directors and officers and to any direct or indirect contractual counterparty in swap agreements representatives (it being understood that each Person 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 and that the disclosing party shall be subject to a professional obligation remain responsible for any unauthorized disclosure of confidentialitysuch information by such Persons), (iib) to the extent requested by any Governmental Authority or any other regulatory authority purporting to have jurisdiction over it or its Affiliates (including any self-regulatory authority, such as the National Association of Insurance Commissioners), (iiic) to the extent required by applicable laws or regulations or by any subpoena or similar legal process, ; provided that in connection with any such requirement by a subpoena or similar legal process, the Administrative Agent or such Lender shall (except with respect to any audit or examination conducted by any Governmental Authority)Person will, to the extent practicable and not prohibited permitted by law, inform promptly give notice to the Company promptly thereof prior Borrower before any such disclosure so that the Borrower may seek to such disclosureobtain a protective order, (ivd) to any other party to this Agreementhereto, (ve) to the extent required or advisable in the judgment of counsel in connection with the exercise of any suitremedies hereunder, under any other Credit Document or Bank Product or any action or proceeding relating to this Agreement, any other Credit Document or Bank Product or the enforcement of rights of the Administrative Agent hereunder or the Lenders against the Company under this Agreement or any other Loan Documentthereunder, (vif) subject to an agreement containing provisions substantially the same as those of this Section, to (A) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights or obligations under this Agreement or Agreement, (Bg) to (i) any actual or prospective counterparty (or its advisors) to any swap or derivative transaction or any credit insurance provider relating to the Company Borrower and its obligations, (vii) with the written consent of the Company, (viii) on a confidential basis to (A) any rating agency in connection with the rating of the Company or its Subsidiaries or (B) the CUSIP Service Bureau or any similar agency in connection with the issuance and monitoring of CUSIP numbers with respect to this Agreement or (ix) to the extent such Information (A) becomes publicly available other than as a result of a breach of this Section of which the Administrative Agent or such Lender is aware, (B) becomes available to the Administrative Agent or any Lender on a non-confidential basis from a source other than the Company other than as a result of a breach of this Section of which the Administrative Agent or such Lender is aware. In addition, the Administrative Agent and each Lender may disclose the existence of this Agreement and the amount of its Commitment to market data collectors, similar service providers, to the lending industry and service providers to the Administrative Agent or any Lender in connection with the administration of this Agreement, the other Loan Documents and the Commitments. For the purposes of this Section, “Information” means all information received from the Company relating to the Company or its Subsidiaries or their 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 the Company other than as a result of a breach of this Section of which the Administrative Agent or such Lender is aware. 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.113

Confidentiality; Non-Public Information. (a) The Each of the Administrative Agent Agent, the Lenders, the Swingline Lender and each Lender the Issuing Lenders agrees to maintain the confidentiality of non-public information with respect to the Information (as defined below)Borrower and its Subsidiaries which is furnished by or on behalf of Borrower or its Subsidiaries pursuant to this Agreement, any other Credit Documents or any documents contemplated by or referred to herein or therein, except that Information such information may be disclosed (ia) to its Affiliates and to its and its Affiliates’ respective partners, directors, officers, employees, agents agents, advisors and other Related Parties, including accountants, legal counsel and other advisors, to its Approved Funds’ directors and officers and to any direct or indirect contractual counterparty in swap agreements representatives (it being understood that each Person the Persons to whom such disclosure is made will be informed of the confidential nature of such Information information and instructed to keep such Information information confidential or and that the disclosing party shall be subject to a professional obligation remain responsible for any unauthorized disclosure of confidentialitysuch information by such Persons), (iib) to the extent requested by any Governmental Authority or any other regulatory authority purporting to have jurisdiction over it or its Affiliates (including any self-self- regulatory authority, such as the National Association of Insurance Commissioners), (iiic) to the extent required by applicable laws or regulations or by any subpoena or similar legal process, ; provided that in connection with any such requirement by a subpoena or similar legal process, the Administrative Agent or such Lender shall (except with respect to any audit or examination conducted by any Governmental Authority)Person will, to the extent practicable and not prohibited permitted by law, inform promptly give notice to the Company promptly thereof prior Borrower before any such disclosure so that the Borrower may seek to such disclosureobtain a protective order, (ivd) to any other party to this Agreementhereto, (ve) to the extent required or advisable in the judgment of counsel in connection with the exercise of any suitremedies hereunder, under any other Credit Document or Bank Product or any action or proceeding relating to this Agreement, any other Credit Document or Bank Product or the enforcement of rights of the Administrative Agent hereunder or the Lenders against the Company under this Agreement or any other Loan Documentthereunder, (vif) subject to an agreement containing provisions substantially the same as those of this Section, to (A) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights or obligations under this Agreement or Agreement, (Bg) to (i) any actual or prospective counterparty (or its advisors) to any swap or derivative transaction or any credit insurance provider relating to the Company Borrower and its obligations, (viiii) with an investor or prospective investor in securities issued by an Approved Fund that also agrees that such information shall be used solely for the written consent purpose of evaluating an investment in such securities issued by the CompanyApproved Fund, (viiiiii) on a confidential basis to (A) any rating agency trustee, collateral manager, servicer, backup servicer, noteholder or secured party in connection with the rating of administration, servicing and reporting on the Company or its Subsidiaries assets serving as collateral for securities issued by an Approved Fund, or (Biv) a nationally recognized rating agency that requires access to information regarding the CUSIP Service Bureau or any similar agency Credit Parties, the Loans and Credit Documents in connection with ratings issued in respect of securities issued by an Approved Fund (in each case, it being understood that the issuance Persons to whom such disclosure is made will be informed of the confidential nature of such information and monitoring instructed to keep such information confidential and, in the case of CUSIP numbers with respect to this Agreement any recipient described in clauses (i), (ii) or (ixiii), required to execute an agreement containing provisions substantially the same as those of this Section), (h) with the consent of the Borrower or (i) to the extent such Information information (Ax) becomes publicly available other than as a result of a breach of this Section of which the Administrative Agent or such Lender is aware, (By) becomes available to the Administrative Agent Agent, any Lender, the Swingline Lender, the Issuing Lenders or any Lender of their respective Affiliates on a non-confidential nonconfidential basis from a source other than the Company other than as a result of a breach of this Section of which the Administrative Agent or such Lender is aware. In addition, the Administrative Agent and each Lender may disclose the existence of this Agreement and the amount of its Commitment to market data collectors, similar service providers, to the lending industry and service providers to the Administrative Agent or any Lender in connection with the administration of this Agreement, the other Loan Documents and the Commitments. For the purposes of this Section, “Information” means all information received from the Company relating to the Company or its Subsidiaries or their 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 the Company other than as a result of a breach of this Section of which the Administrative Agent or such Lender is awareBorrower. Any Person required to maintain the confidentiality of Information 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 information as such Person would accord to its own confidential information.. In addition, the Administrative Agent and the Lenders may disclose the

Confidentiality; Non-Public Information. (a) The Each of the Administrative Agent Agent, the Lenders, the Swingline Lender and each the Issuing Lender agrees to maintain the confidentiality of non-public information with respect to the Information (as defined below)Borrower and its Subsidiaries which is furnished pursuant to this Credit Agreement, any other Credit Documents or any documents contemplated by or referred to herein or therein, except that Information such information may be disclosed (ia) to its Affiliates and to its and its Affiliates’ respective partners, directors, officers, employees, agents agents, advisors and other Related Parties, including accountants, legal counsel and other advisors, to its Approved Funds’ directors and officers and to any direct or indirect contractual counterparty in swap agreements representatives (it being understood that each Person 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 and that the disclosing party shall be subject to a professional obligation remain responsible for any unauthorized disclosure of confidentialitysuch information by such Persons), (iib) to the extent requested by any Governmental Authority or any other regulatory authority purporting to have jurisdiction over it or its Affiliates (including any self-regulatory authority, such as the National Association of Insurance Commissioners), (iiic) to the extent required by applicable laws or regulations or by any subpoena or similar legal process, ; provided that in connection with any such requirement by a subpoena or similar legal process, the Administrative Agent or such Lender shall (except with respect to any audit or examination conducted by any Governmental Authority)Person will, to the extent practicable and not prohibited permitted by law, inform promptly give notice to the Company promptly thereof prior Borrower before any such disclosure so that the Borrower may seek to such disclosureobtain a protective order, (ivd) to any other party to this Agreementhereto, (ve) to the extent required or advisable in the judgment of counsel in connection with the exercise of any suitremedies hereunder, under any other Credit Document or Bank Product or any action or proceeding relating to this Agreement, any other Credit Document or Bank Product or the enforcement of rights of the Administrative Agent hereunder or the Lenders against the Company under this Agreement or any other Loan Documentthereunder, (vif) subject to an agreement containing provisions substantially the same as those of this Section, to (A) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights or obligations under this Agreement or Agreement, (Bg) to (i) any actual or prospective counterparty (or its advisors) to any swap or derivative transaction or any credit insurance provider relating to the Company Borrower and its obligations, (viiii) with an investor or prospective investor in securities issued by an Approved Fund that also agrees that such information shall be used solely for the written consent purpose of evaluating an investment in such securities issued by the CompanyApproved Fund, (viiiiii) on a confidential basis to (A) any rating agency trustee, collateral manager, servicer, backup servicer, noteholder or secured party in connection with the rating of administration, servicing and reporting on the Company or its Subsidiaries assets serving as collateral for securities issued by an Approved Fund, or (Biv) a nationally recognized rating agency that requires access to information regarding the CUSIP Service Bureau or any similar agency Credit Parties, the Loans and Credit Documents in connection with ratings issued in respect of securities issued by an Approved Fund (in each case, it being understood that the issuance Persons to whom such disclosure is made will be informed of the confidential nature of such information and monitoring instructed to keep such information confidential and, in the case of CUSIP numbers with respect to this Agreement any recipient described in clauses (i), (ii) or (ixiii), required to execute an agreement containing provisions substantially the same as those of this Section), (h) with the consent of the Borrower or (i) to the extent such Information information (Ax) becomes publicly available other than as a result of a breach of this Section of which the Administrative Agent or such Lender is aware, (By) becomes available to the Administrative Agent Agent, any Lender, the Swingline Lender, the Issuing Lender or any Lender of their respective Affiliates on a non-confidential nonconfidential basis from a source other than the Company other than as a result of a breach of this Section of which the Administrative Agent or such Lender is aware. In addition, the Administrative Agent and each Lender may disclose the existence of this Agreement and the amount of its Commitment to market data collectors, similar service providers, to the lending industry and service providers to the Administrative Agent or any Lender in connection with the administration of this Agreement, the other Loan Documents and the Commitments. For the purposes of this Section, “Information” means all information received from the Company relating to the Company or its Subsidiaries or their 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 the Company other than as a result of a breach of this Section of which the Administrative Agent or such Lender is awareBorrower. Any Person required to maintain the confidentiality of Information 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.

Confidentiality; Non-Public Information. (a) The Administrative Agent and each Lender agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (i) to its Affiliates and its and its Affiliates’ directors, officers, employees, agents employees and other Related Partiesagents, including accountants, legal counsel and other advisors, to its Approved Related Funds’ directors and officers and to any direct or indirect contractual counterparty in swap agreements (it being understood that each Person to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential or shall be subject to a professional obligation of confidentialityconfidential), (ii) to the extent requested by any Governmental Authority or any other regulatory authority purporting to have jurisdiction over it or its Affiliates (including any self-regulatory authority, ) having jurisdiction over such as the National Association of Insurance Commissioners)Lender, (iii) to the extent required by applicable laws or regulations or by any subpoena or similar legal process, provided that in connection with any such requirement by a subpoena or similar legal process, the Administrative Agent or such Lender shall (except with respect to any audit or examination conducted by any Governmental Authority), to the extent practicable and not prohibited by law, inform the Company promptly thereof prior to such disclosure, (iv) to any other party to this Agreement, (v) to the extent required or advisable in the judgment of counsel in connection with any suit, action or proceeding relating to the enforcement of rights of the Administrative Agent or the Lenders against the Company Borrowers under this Agreement or any other Loan Document, (vi) subject to an agreement containing provisions substantially the same as those of this Section, to (A) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights or obligations under this Agreement or (B) any actual or prospective counterparty (or its advisors) to any swap or derivative transaction or any credit insurance provider relating to the Company Borrowers and its their obligations, (vii) with the written consent of the Company, (viii) on a confidential basis to (A) any rating agency in connection with the rating of the Company or its Subsidiaries or (B) the CUSIP Service Bureau or any similar agency in connection with the issuance and monitoring of CUSIP numbers with respect to this Agreement or (ixviii) to the extent such Information (A) becomes publicly available other than as a result of a breach of this Section of which the Administrative Agent or such Lender is aware, aware or (B) becomes available to the Administrative Agent or any Lender on a non-confidential nonconfidential basis from a source other than the Company other than as a result of a breach of this Section of which the Administrative Agent or such Lender is aware. In addition, the Administrative Agent and each Lender may disclose the existence of this Agreement and the amount of its Commitment to market data collectors, similar service providers, to the lending industry and service providers to the Administrative Agent or any Lender in connection with the administration of this Agreement, the other Loan Documents and the Commitments. For the purposes of this Section, “Information” means all information received from the Company relating to the Company or its Subsidiaries or their businessesbusiness, other than any such information that is available to the Administrative Agent or any Lender on a non-confidential nonconfidential basis prior to disclosure by the Company other than as a result of a breach of this Section of which the Administrative Agent or such Lender is aware. 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.

Confidentiality; Non-Public Information. (a) The Administrative Agent Agent, each Issuing Bank and each Lender agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (i) to its Affiliates and its and its Affiliates’ directors, officers, employees, agents employees and other Related Partiesagents, including accountants, legal counsel and other advisors, to its Approved Funds’ directors and officers and to any direct or indirect contractual counterparty in swap agreements advisors (it being understood that each Person 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 shall be subject to a professional obligation of confidentialityconfidential), (ii) to the extent requested by any Governmental Authority or any other regulatory authority purporting to have jurisdiction over it or its Affiliates Related Parties (including any self-regulatory self‑regulatory authority, such as the National Association of Insurance Commissioners), (iii) to the extent required by applicable laws or regulations or by any subpoena or similar legal processprocess (but only after giving prompt written notice to the Company, provided that in connection with to the extent permitted by law, of any such requirement by a subpoena or similar legal process, the Administrative Agent or such Lender shall request (except with respect to any audit or examination conducted by any Governmental Authority), to the extent practicable and not prohibited by law, inform ) so that the Company promptly thereof prior to such disclosuremay seek a protective order or other appropriate remedy and/or waive compliance with this Section), (iv) to any other party to this Agreement, (v) to the extent required or advisable in the judgment of counsel in connection with the exercise of any remedies hereunder or any suit, action or proceeding relating to the enforcement of rights of the Administrative Agent or the Lenders against the Company under this Agreement or any other Loan Documenthereunder, (vi) subject to an agreement containing provisions substantially the same as those of this Section, to (Ax) 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 (By) any actual or prospective counterparty party (or its advisorsRelated Parties) to any swap swap, derivative or derivative other transaction or any credit insurance provider relating under which payments are to be made by reference to the Company Borrowers and its their obligations, this Agreement or payments hereunder; (vii) with the written consent of the Company, (viii) on a confidential basis to (Ax) any rating agency in connection with the rating of the Company or its Subsidiaries or their Obligations under this Agreement or (By) the CUSIP Service Bureau or any similar agency in connection with the issuance and monitoring of CUSIP numbers with respect to this Agreement Agreement; (viii) with the consent of the Company; or (ix) to the extent such Information (A) becomes publicly available other than as a result of a breach of this Section of which the Administrative Agent Section, or such Lender is aware, (B) becomes available to the Administrative Agent Agent, any Issuing Bank, any Lender or any Lender of their respective Affiliates on a non-confidential nonconfidential basis from a source other than the Company other than as a result of a breach of this Section of which the Administrative Agent or such Lender is awareCompany. In addition, the Administrative Agent and each Lender the Lenders may disclose the existence of this Agreement and the amount of its Commitment information about this Agreement to market data collectors, similar service providers, providers to the lending industry and service providers to the Administrative Agent or any Lender Agents and the Lenders in connection with the administration of this Agreement, the other Loan Documents Documents, and the Commitments. For the purposes of this Section, “Information” means all information received from the Company relating to the Company or its Subsidiaries or their businessesbusiness, other than any such information that is available to the Administrative Agent Agent, any Issuing Bank or any Lender on a non-confidential nonconfidential basis prior to disclosure by the Company; provided that, in the case of information received from the Company other than after the date hereof, such information is clearly identified at the time of delivery as a result of a breach of this Section of which the Administrative Agent or such Lender is awareconfidential. 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.

Confidentiality; Non-Public Information. (a) The Administrative Agent Agent, each Issuing Bank and each Lender agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (i) to its Affiliates and its and its Affiliates’ directors, officers, employees, agents employees and other Related Partiesagents, including accountants, legal counsel and other advisors, to its Approved Funds’ directors and officers and to any direct or indirect contractual counterparty in swap agreements advisors (it being understood that each Person 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 shall be subject to a professional obligation of confidentialityconfidential), (ii) to the extent requested by any Governmental Authority or any other regulatory authority purporting to have jurisdiction over it or its Affiliates Related Parties (including any self-regulatory self‑regulatory authority, such as the National Association of Insurance Commissioners), (iii) to the extent required by applicable laws or regulations or by any subpoena or similar legal processprocess (but only after giving prompt written notice to the Company, provided that in connection with to the extent permitted by law, of any such requirement by a subpoena or similar legal process, the Administrative Agent or such Lender shall request (except with respect to any audit or examination conducted by any Governmental Authority), to the extent practicable and not prohibited by law, inform ) so that the Company promptly thereof prior to such disclosuremay seek a protective order or other appropriate remedy and/or waive compliance with this Section), (iv) to any other party to this Agreement, (v) to the extent required or advisable in the judgment of counsel in connection with the exercise of any remedies hereunder or any suit, action or proceeding relating to the enforcement of rights of the Administrative Agent or the Lenders against the Company under this Agreement or any other Loan Documenthereunder, (vi) subject to an agreement containing provisions substantially the same as those of this Section, to (Ax) 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 (By) any actual or prospective counterparty party (or its advisorsRelated Parties) to any swap swap, derivative or derivative other transaction or any credit insurance provider relating under which payments are to be made by reference to the Company Borrowers and its their obligations, this Agreement or payments hereunder; (vii) with the written consent of the Company, (viii) on a confidential basis to (Ax) any rating agency in connection with the rating of the Company or its Subsidiaries or their Obligations under this Agreement or (By) the CUSIP Service Bureau or any similar agency in connection with the issuance and monitoring of CUSIP numbers with respect to this Agreement Agreement; (viii) with the consent of the Company; or (ix) to the extent such Information (A) becomes publicly available other than as a result of a breach of this Section of which the Administrative Agent or such Lender is aware, (B) becomes available to the Administrative Agent or any Lender on a non-confidential basis from a source other than the Company other than as a result of a breach of this Section of which the Administrative Agent or such Lender is aware. In addition, the Administrative Agent and each Lender may disclose the existence of this Agreement and the amount of its Commitment to market data collectors, similar service providers, to the lending industry and service providers to the Administrative Agent or any Lender in connection with the administration of this Agreement, the other Loan Documents and the Commitments. For the purposes of this Section, “Information” means all information received from the Company relating to the Company or its Subsidiaries or their 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 the Company other than as a result of a breach of this Section of which the Administrative Agent or such Lender is aware. 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.

Confidentiality; Non-Public Information. (a) The Administrative Agent and each Lender agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (i) to its Affiliates and its and its Affiliates’ directors, officers, employees, agents employees and other Related Partiesagents, including accountants, legal counsel and other advisors, advisors who need to its Approved Funds’ directors and officers and to any direct or indirect contractual counterparty know such information in swap agreements connection with the credit facilities established hereunder (it being understood that each Person 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 shall be subject to a professional obligation of confidentialityconfidential), (ii) to the extent requested by any Governmental Authority or any other regulatory authority purporting to have jurisdiction over it or its Affiliates Related Parties (including any self-regulatory self‑regulatory authority, such as the National Association of Insurance Commissioners), (iii) to the extent required by applicable laws or regulations or by any subpoena or similar legal processprocess (but only after giving prompt written notice to the Borrower, provided that in connection with to the extent permitted by law, of any such requirement by a subpoena or similar legal process, the Administrative Agent or such Lender shall request (except with respect to any audit or examination conducted by any Governmental Authority) so that the Borrower may seek a protective order or other appropriate remedy and/or waive compliance with this Section), to the extent practicable and not prohibited by law, inform the Company promptly thereof prior to such disclosure, (iv) to any other party to this Agreement, (v) to the extent required or advisable in the judgment of counsel in connection with the exercise of any remedies under [[5276821]] this Agreement or any other Loan Document or any suit, action or proceeding relating to the enforcement of rights of the Administrative Agent or the Lenders against the Company under this Agreement or any other Loan DocumentDocument or the enforcement of rights hereunder or thereunder, (vi) subject to an agreement containing provisions substantially the same as those of this Section, to (Ax) 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 Agreement, (By) any direct or indirect, actual or prospective counterparty party (or its advisorsRelated Parties) to any swap swap, derivative or derivative other transaction under which payments are to be made by reference to the Borrower and its obligations, this Agreement or payments hereunder, or (z) any credit insurance provider relating to the Company Borrower and its obligations, obligations under this Agreement; (vii) with the written consent of the Company, (viii) on a confidential basis to (Ax) any rating agency in connection with rating the rating of the Company Borrower or its Subsidiaries or their obligations under this Agreement or (By) the CUSIP Service Bureau or any similar agency in connection with the issuance and monitoring of CUSIP numbers with respect to this Agreement Agreement; (viii) with the consent of the Borrower; or (ix) to the extent such Information (A) becomes publicly available other than as a result of a breach of this Section of which the Administrative Agent Section, or such Lender is aware, (B) becomes available to the Administrative Agent Agent, any Lender or any Lender of their respective Affiliates on a non-confidential nonconfidential basis from a source other than the Company other than Borrower that is not known by the Administrative Agent, such Lender or such Affiliate to have possession of such information illegally or as a result of a breach violation of this Section of which the Administrative Agent or such Lender is awareSection. In addition, the Administrative Agent and each Lender Agent, the Lenders may disclose the existence of this Agreement and the amount of its Commitment information about this Agreement to market data collectors, similar service providers, providers to the lending industry and service providers to the Administrative Agent or any Lender and the Lenders in connection with the administration of this Agreement, the other Loan Documents Documents, the Loans and the Commitments, in each case, to the extent such information is customarily provided to such Persons. For the purposes of this Section, “Information” means all information received from the Company Borrower relating to the Company Borrower or its Subsidiaries or their businessesbusiness, other than any such information that is available to the Administrative Agent or any Lender on a non-confidential nonconfidential basis prior to disclosure by the Company other than as a result of a breach of this Section of which the Administrative Agent or such Lender is awareBorrower. 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.

Confidentiality; Non-Public Information. (a) The Administrative Agent Agent, each Issuing Bank and each Lender agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (i) to its Affiliates and its and its Affiliates’ directors, officers, employees, agents employees and other Related Partiesagents, including accountants, legal counsel and other advisors, to its Approved Funds’ directors and officers and to any direct or indirect contractual counterparty in swap agreements advisors (it being understood that each Person 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 shall be subject to a professional obligation of confidentialityconfidential), (ii) to the extent requested by any Governmental Authority or any other regulatory authority purporting to have jurisdiction over it or its Affiliates Related Parties (including any self-regulatory authority, such as the National Association of Insurance Commissioners), (iii) to the extent required by applicable laws or regulations or by any subpoena or similar legal processprocess (but only after giving prompt written notice to the Borrower, provided that in connection with to the extent permitted by law, of any such requirement by a subpoena or similar legal process, the Administrative Agent or such Lender shall request (except with respect to any audit or examination conducted by any Governmental Authority) so that the Borrower may seek a protective order or other appropriate remedy and/or waive compliance with this Section), to the extent practicable and not prohibited by law, inform the Company promptly thereof prior to such disclosure, (iv) to any other party to this Agreement, (v) to the extent required or advisable in the judgment of counsel in connection with the exercise of any remedies under this Agreement or any other Loan Document or any suit, action or proceeding relating to the enforcement of rights of the Administrative Agent or the Lenders against the Company under this Agreement or any other Loan DocumentDocument or the enforcement of rights hereunder or thereunder, (vi) subject to an agreement containing provisions substantially the same as those of this Section, to (Ax) 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 (By) any actual or prospective counterparty party (or its advisorsRelated Parties) to any swap swap, derivative or derivative other transaction or any credit insurance provider relating under which payments are to be made by reference to the Company Borrower and its their obligations, this Agreement or payments hereunder; (vii) with the written consent of the Company, (viii) on a confidential basis to (Ax) any rating agency in connection with rating the rating of the Company Borrower or its Subsidiaries or their Obligations under this Agreement or (By) the CUSIP Service Bureau or any similar agency in connection with the issuance and monitoring of CUSIP numbers with respect to this Agreement Agreement; (viii) with the consent of the Borrower; or (ix) to the extent such Information (A) becomes publicly available other than as a result of a breach of this Section of which the Administrative Agent Section, or such Lender is aware, (B) becomes available to the Administrative Agent Agent, any Issuing Bank, any Lender or any Lender of their respective Affiliates on a non-confidential nonconfidential basis from a source other than the Company other than as a result of a breach of this Section of which the Administrative Agent or such Lender is awareBorrower. In addition, the Administrative Agent Agent, the Lenders and each Lender the Issuing Banks may disclose the existence of this Agreement and the amount of its Commitment information about this Agreement to market data collectors, similar service providers, providers to the lending industry and service providers to the Administrative Agent or any Lender Agents and the Lenders in connection with the administration of this Agreement, the other Loan Documents Documents, the Loans and the Commitments. For the purposes of this Section, “Information” means all information received from the Company Borrower relating to the Company Borrower or its Subsidiaries or their businessesbusiness, other than any such information that is available to the Administrative Agent Agent, any Issuing Bank or any Lender on a non-confidential nonconfidential basis prior to disclosure by the Company other than Borrower; provided that, in the case of information received from the Borrower after the date hereof, such information is clearly identified at the time of delivery as a result of a breach of this Section of which the Administrative Agent or such Lender is awareconfidential. 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.

Confidentiality; Non-Public Information. (a) The Administrative Agent Each Agent, Issuing Bank and each Lender agrees to maintain the confidentiality of the Information (as defined below), and will not use such Information for any purpose or in any manner except in connection with this Agreement, except that Information may be disclosed (ia) to its Affiliates and its and its Affiliates’ directors, officers, employees, agents employees and other Related Partiesagents, including accountants, legal counsel and other advisors, to its Approved Funds’ directors and officers and to any direct or indirect contractual counterparty in swap agreements advisors (it being understood that each Person 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 shall be subject to a professional obligation of confidentialityconfidential), (iib) to the extent requested by any Governmental Authority regulatory or any other regulatory authority purporting to have jurisdiction over it or its Affiliates (including any self-regulatory authority (it being understood that it will to the extent reasonably practicable provide the Company with an opportunity to request confidential treatment from such authority, such as the National Association of Insurance Commissioners), (iiic) to the extent required by applicable laws or regulations or by any subpoena or similar legal process, provided that in connection with any such requirement by a subpoena or similar legal process, the Administrative Agent or such Lender shall (except with respect to any audit or examination conducted by any Governmental Authority), to the extent practicable and not prohibited by law, inform the Company promptly thereof prior to such disclosure, (ivd) to any other party to this Agreement, (ve) to the extent required necessary to prosecute or advisable in the judgment of counsel defend any claim, in connection with the exercise of any remedies hereunder or any suit, action or proceeding relating to the enforcement of rights of the Administrative Agent or the Lenders against the Company under this Agreement or any other Loan DocumentDocument or the enforcement of rights hereunder or thereunder, (vif) subject to an agreement containing provisions substantially the same at least as restrictive as those of this Section, to (Ai) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights or obligations under this Agreement or Agreement, (Bii) any actual or prospective counterparty (or its advisors) to any swap or derivative transaction or any credit insurance provider relating to the Company Company, Thomson-Reuters PLC or any subsidiary and its obligationsobligations or (iii) any rating agency, insurer or insurance broker of any Lender or any Affiliate of any Lender, (viig) with the written consent of the Company, (viii) on a confidential basis to (A) any rating agency in connection with the rating of the Company or its Subsidiaries or (B) the CUSIP Service Bureau or any similar agency in connection with the issuance and monitoring of CUSIP numbers with respect to this Agreement or (ixh) to the extent such Information (Ai) becomes publicly available other than as a result of a breach of this Section or any other confidentiality agreement to which it is party with the Company, Thomson-Reuters PLC or any of which the Administrative Agent their subsidiaries or such Lender is aware, (Bii) becomes available to the Administrative Agent such Agent, Issuing Bank or any Lender on a non-confidential nonconfidential basis from a source other than the Company other than as a result of a breach of this Section of which the Administrative Agent or such Lender is aware. In addition, the Administrative Agent and each Lender may disclose the existence of this Agreement and the amount of its Commitment to market data collectors, similar service providers, to the lending industry and service providers to the Administrative Agent or any Lender in connection with the administration of this Agreement, the other Loan Documents and the CommitmentsThomson-Reuters PLC. For the purposes of this Section, “Information” means all confidential information received from the Company or Thomson-Reuters PLC relating to the Company or its Subsidiaries Company, Thomson-Reuters PLC or their businessesbusinesses or their subsidiaries, other than any such information that is available to the Administrative Agent any Agent, Issuing Bank or any Lender on a non-confidential nonconfidential basis prior to disclosure by the Company other than as a result of a breach of this Section of which the Administrative Agent or such Lender is awareThomson-Reuters PLC. 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 Lender acknowledges that Information furnished to it pursuant to this Agreement may include material non-public information concerning each of the Company, Thomson-Reuters PLC or their Related Parties or securities, and confirms that it has developed compliance procedures regarding the use of material non-public information and that it will handle such material non-public information in accordance with the procedures and Applicable Law, including Federal, State, provincial, territorial and foreign securities laws. All Information, including requests for waivers and amendments, furnished by the Company, Thomson-Reuters PLC or the General Administrative Agent pursuant to, or in the course of administering, this Agreement will be syndicate-level information, which may contain material non-public information about each of the Company, Thomson-Reuters PLC and their Related Parties or securities. Accordingly, each Lender represents to the Company, Thomson-Reuters PLC and the General Administrative Agent that it has identified in its Administrative Questionnaire a credit contact who may receive information that may contain material non-public information in accordance with its compliance procedures and Applicable Law, including Federal, State, provincial, territorial and foreign securities laws.

Confidentiality; Non-Public Information. (a) The Administrative Agent Each Agent, Issuing Bank and each Lender agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (i) to its Affiliates and its and its Affiliates’ directors, officers, employees, agents employees and other Related Partiesagents, including accountants, legal counsel and other advisors, to its Approved Funds’ directors and officers and to any direct or indirect contractual counterparty in swap agreements advisors (it being understood that each Person 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 shall be subject to a professional obligation of confidentialityconfidential), (ii) to the extent requested by any Governmental Authority or any other regulatory authority purporting to have jurisdiction over it or its Affiliates (including any self-regulatory authority, such as the National Association of Insurance Commissioners), (iii) to the extent required by applicable laws or regulations or by any subpoena or similar legal processprocess (but only after giving prompt written notice to the Company, provided that in connection with to the extent permitted by law, of any such requirement by a subpoena or similar legal process, the Administrative Agent or such Lender shall request (except with respect to any audit or examination conducted by any Governmental Authority), to the extent practicable and not prohibited by law, inform ) so that the Company promptly thereof prior to such disclosuremay seek a protective order or other appropriate remedy and/or waive compliance with this Section), (iv) to any other party to this Agreement, (v) to the extent required or advisable in the judgment of counsel in connection with the exercise of any remedies hereunder or any suit, action or proceeding relating to the enforcement of rights of the Administrative Agent or the Lenders against the Company under this Agreement or any other Loan Documenthereunder, (vi) subject to an agreement containing provisions substantially the same as those of this Section, to (A) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights or obligations under this Agreement or (B) any actual or prospective counterparty (or its advisors) to any swap or derivative transaction or any credit insurance provider relating to the Company and its obligationsAgreement, (vii) with the written consent of the Company, (viii) on a confidential basis to (A) any rating agency in connection with the rating of the Company or its Subsidiaries or (B) the CUSIP Service Bureau or any similar agency in connection with the issuance and monitoring of CUSIP numbers with respect to this Agreement or (ixviii) to the extent such Information (A) becomes publicly available other than as a result of a breach of this Section of which the Administrative Agent or such Lender is aware, (B) becomes available to the Administrative Agent any Agent, any Issuing Bank or any Lender on a non-confidential nonconfidential basis from a source other than the Company other than as a result of a breach of this Section of which the Administrative Agent or such Lender is aware. In addition, the Administrative Agent and each Lender may disclose the existence of this Agreement and the amount of its Commitment to market data collectors, similar service providers, to the lending industry and service providers to the Administrative Agent or any Lender in connection with the administration of this Agreement, the other Loan Documents and the CommitmentsCompany. For the purposes of this Section, “Information” means all information received from the Company relating to the Company or its Subsidiaries or their businessesbusiness, other than any such information that is available to the Administrative Agent any Agent, any Issuing Bank or any Lender on a non-confidential nonconfidential basis prior to disclosure by the Company; provided that, in the case of information received from the Company other than after the date hereof, such information is clearly identified at the time of delivery as a result of a breach of this Section of which the Administrative Agent or such Lender is awareconfidential. 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.

Confidentiality; Non-Public Information. (a) The Administrative Agent and each Lender agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (i) to its Affiliates and its and its Affiliates’ directors, officers, employees, agents employees and other Related Partiesagents, including accountants, legal counsel and other advisors, to its Approved Funds’ directors and officers and to any direct or indirect contractual counterparty in swap agreements advisors (it being understood that each Person 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 shall be subject to a professional obligation of confidentialityconfidential), (ii) to the extent requested by any Governmental Authority or any other regulatory authority purporting to have jurisdiction over it or its Affiliates Related Parties (including any self-regulatory authority, such as the National Association of Insurance Commissioners), (iii) to the extent required by applicable laws or regulations or by any subpoena or similar legal processprocess (but only after giving prompt written notice to the Borrower, provided that in connection with to the extent permitted by law, of any such requirement by a subpoena or similar legal process, the Administrative Agent or such Lender shall request (except with respect to any audit or examination conducted by any Governmental Authority) so that the Borrower may seek a protective order or other appropriate remedy and/or waive compliance with this Section), to the extent practicable and not prohibited by law, inform the Company promptly thereof prior to such disclosure, (iv) to any other party to this Agreement, (v) to the extent required or advisable in the judgment of counsel in connection with the exercise of any remedies under this Agreement or any other Loan Document or any suit, action or proceeding relating to the enforcement of rights of the Administrative Agent or the Lenders against the Company under this Agreement or any other Loan DocumentDocument or the enforcement of rights hereunder or thereunder, (vi) subject to an agreement containing provisions substantially the same as those of this Section, to (Ax) 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 (By) any actual or prospective counterparty party (or its advisorsRelated Parties) to any swap swap, derivative or derivative other transaction or any credit insurance provider relating under which payments are to be made by reference to the Company Borrower and its their obligations, this Agreement or payments hereunder; (vii) with the written consent of the Company, (viii) on a confidential basis to (Ax) any rating agency in connection with rating the rating of the Company Borrower or its Subsidiaries or their Obligations under this Agreement or (By) the CUSIP Service Bureau or any similar agency in connection with the issuance and monitoring of CUSIP numbers with respect to this Agreement Agreement; (viii) with the consent of the Borrower; or (ix) to the extent such Information (A) becomes publicly available other than as a result of a breach of this Section of which the Administrative Agent Section, or such Lender is aware, (B) becomes available to the Administrative Agent Agent, any Lender or any Lender of their respective Affiliates on a non-confidential nonconfidential basis from a source other than the Company other than as a result of a breach of this Section of which the Administrative Agent or such Lender is awareBorrower. In addition, the Administrative Agent and each Lender the Lenders may disclose the existence of this Agreement and the amount of its Commitment information about this Agreement to market data collectors, similar service providers, providers to the lending industry and service providers to the Administrative Agent or any Lender Agents and the Lenders in connection with the administration of this Agreement, the other Loan Documents Documents, the Loans and the Commitments. For the purposes of this Section, “Information” means all information received from the Company Borrower relating to the Company Borrower or its Subsidiaries or their businessesbusiness, other than any such information that is available to the Administrative Agent or any Lender on a non-confidential nonconfidential basis prior to disclosure by the Company other than Borrower; provided that, in the case of information received from the Borrower after the date hereof, such information is clearly identified at the time of delivery as a result of a breach of this Section of which the Administrative Agent or such Lender is awareconfidential. 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.

Confidentiality; Non-Public Information. (a) The Administrative Agent Each Agent, Issuing Bank and each Lender agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (i) to its Affiliates and its and its Affiliates’ directors, officers, employees, agents employees and other Related Partiesagents, including accountants, legal counsel and other advisors, to its Approved Funds’ directors and officers and to any direct or indirect contractual counterparty in swap agreements (it being understood that each Person to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential or shall be subject to a professional obligation of confidentialityconfidential), (ii) to the extent requested by any Governmental Authority or any other regulatory authority purporting to have jurisdiction over it or its Affiliates (including any self-regulatory authority, such as the National Association of Insurance Commissioners), (iii) to the extent required by applicable laws or regulations or by any subpoena or similar legal process, provided that in connection with any such requirement by a subpoena or similar legal process, the Administrative Agent such Agent, Issuing Bank or such Lender shall (except with respect to any audit or examination conducted by any Governmental Authority), to the extent practicable and not prohibited by law, inform the Company Borrower promptly thereof prior to such disclosure, (iv) to any other party to this Agreement, (v) to the extent required or advisable in the judgment of counsel in connection with any suit, action or proceeding relating to the enforcement of rights of the Administrative Agent Agents, Issuing Banks or the Lenders against the Company Borrower under this Agreement or any other Loan Document, (vi) subject to an agreement containing provisions substantially the same as those of this Section, to (A) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights or obligations under this Agreement or (B) any actual or prospective counterparty (or its advisors) to any swap or derivative transaction or any credit insurance provider relating to the Company Borrower and its obligations, (vii) with the written consent of the Company, Borrower or (viii) on a confidential basis to (A) any rating agency in connection with the rating of the Company or its Subsidiaries or (B) the CUSIP Service Bureau or any similar agency in connection with the issuance and monitoring of CUSIP numbers with respect to this Agreement or (ix) to the extent such Information (A) becomes publicly available other than as a result of a breach of this Section of which the Administrative Agent such Agent, Issuing Bank or such Lender is aware, aware or (B) becomes available to the Administrative Agent or any Lender on a non-confidential basis from a source other than the Company Borrower other than as a result of a breach of this Section of which the Administrative Agent such Agent, Issuing Bank or such Lender is aware. In addition, the Administrative Agent and each Lender may disclose the existence of this Agreement and the amount of its Commitment to market data collectors, similar service providers, to the lending industry and service providers to the Administrative Agent or any Lender in connection with the administration of this Agreement, the other Loan Documents and the Commitments. For the purposes of this Section, “Information” means all information received from the Company Borrower relating to the Company Borrower or its Subsidiaries or their businessesbusiness, other than any such information that is available to the Administrative Agent any Agent, Issuing Bank or any Lender on a non-confidential basis prior to disclosure by the Company Borrower other than as a result of a breach of this Section of which the Administrative Agent such Agent, Issuing Bank or such Lender is aware. 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.

Confidentiality; Non-Public Information. (a) The Each of the Administrative Agent Agent, the Lenders, the Swingline Lender and each Lender the Issuing Lenders agrees to maintain the confidentiality of non-public information with respect to the Information (as defined below)Borrower and its Subsidiaries which is furnished pursuant to this Credit Agreement, any other Credit Documents or any documents contemplated by or referred to herein or therein, except that Information such information may be disclosed (ia) to its Affiliates and to its and its Affiliates’ ' respective partners, directors, officers, employees, agents agents, advisors and other Related Parties, including accountants, legal counsel and other advisors, to its Approved Funds’ directors and officers and to any direct or indirect contractual counterparty in swap agreements representatives (it being understood that each Person 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 and that the disclosing party shall be subject to a professional obligation remain responsible for any unauthorized disclosure of confidentialitysuch information by such Persons), (iib) to the extent requested by any Governmental Authority or any other regulatory authority purporting to have jurisdiction over it or its Affiliates (including any self-regulatory authority, such as the National Association of Insurance Commissioners), (iiic) to the extent required by applicable laws or regulations or by any subpoena or similar legal process, ; provided that in connection with any such requirement by a subpoena or similar legal process, the Administrative Agent or such Lender shall (except with respect to any audit or examination conducted by any Governmental Authority)Person will, to the extent practicable and not prohibited permitted by law, inform promptly give notice to the Company promptly thereof prior Borrower before any such disclosure so that the Borrower may seek to such disclosureobtain a protective order, (ivd) to any other party to this Agreementhereto, (ve) to the extent required or advisable in the judgment of counsel in connection with the exercise of any suitremedies hereunder, under any other Credit Document or Bank Product or any action or proceeding relating to this Agreement, any other Credit Document or Bank Product or the enforcement of rights of the Administrative Agent hereunder or the Lenders against the Company under this Agreement or any other Loan Documentthereunder, (vif) subject to an agreement containing provisions substantially the same as those of this Section, to (A) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights or obligations under this Agreement or Agreement, (Bg) to (i) any actual or prospective counterparty (or its advisors) to any swap or derivative transaction or any credit insurance provider relating to the Company Borrower and its obligations, (viiii) with an investor or prospective investor in securities issued by an Approved Fund that also agrees that such information shall be used solely for the written consent purpose of evaluating an investment in such securities issued by the CompanyApproved Fund, (viiiiii) on a confidential basis to (A) any rating agency trustee, collateral manager, servicer, backup servicer, noteholder or secured party in connection with the rating of administration, servicing and reporting on the Company or its Subsidiaries assets serving as collateral for securities issued by an Approved Fund, or (Biv) a nationally recognized rating agency that requires access to information regarding the CUSIP Service Bureau or any similar agency Credit Parties, the Loans and Credit Documents in connection with ratings issued in respect of securities issued by an Approved Fund (in each case, it being understood that the issuance Persons to whom such disclosure is made will be informed of the confidential nature of such information and monitoring instructed to keep such information confidential and, in the case of CUSIP numbers with respect to this Agreement any recipient described in clauses (i), (ii) or (ixiii), required to execute an agreement containing provisions substantially the same as those of this Section), (h) with the consent of the Borrower or (i) to the extent such Information information (Ax) becomes publicly available other than as a result of a breach of this Section of which the Administrative Agent or such Lender is aware, (B) becomes available to the Administrative Agent or any Lender on a non-confidential basis from a source other than the Company other than as a result of a breach of this Section of which the Administrative Agent or such Lender is aware. In addition, the Administrative Agent and each Lender may disclose the existence of this Agreement and the amount of its Commitment to market data collectors, similar service providers, to the lending industry and service providers to the Administrative Agent or any Lender in connection with the administration of this Agreement, the other Loan Documents and the Commitments. For the purposes of this Section, “Information” means all information received from the Company relating to the Company or its Subsidiaries or their 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 the Company other than as a result of a breach of this Section of which the Administrative Agent or such Lender is aware. 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.121

Confidentiality; Non-Public Information. (a) The Administrative Agent Agent, each Issuing Bank and each Lender agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (i) to its Affiliates and its and its Affiliates’ directors, officers, employees, agents employees and other Related Partiesagents, including accountants, legal counsel and other advisors, to its Approved Funds’ directors and officers and to any direct or indirect contractual counterparty in swap agreements advisors (it being understood that each Person 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 shall be subject to a professional obligation of confidentialityconfidential), (ii) to the extent requested by any Governmental Authority or any other regulatory authority purporting to have jurisdiction over it or its Affiliates Related Parties (including any self-regulatory self‑regulatory authority, such as the National Association of Insurance Commissioners), (iii) to the extent required by applicable laws or regulations or by any subpoena or similar legal processprocess (but only after giving prompt written notice to the Borrower, provided that in connection with to the extent permitted by law, of any such requirement by a subpoena or similar legal process, the Administrative Agent or such Lender shall request (except with respect to any audit or examination conducted by any Governmental Authority) so that the Borrower may seek a protective order or other appropriate remedy and/or waive compliance with this Section), to the extent practicable and not prohibited by law, inform the Company promptly thereof prior to such disclosure, (iv) to any other party to this Agreement, (v) to the extent required or advisable in the judgment of counsel in connection with the exercise of any remedies hereunder or any suit, action or proceeding relating to the enforcement of rights of the Administrative Agent or the Lenders against the Company under this Agreement or any other Loan Documenthereunder, (vi) subject to an agreement containing provisions substantially the same as those of this Section, to (Ax) 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 (By) any actual or prospective counterparty party (or its advisorsRelated Parties) to any swap swap, derivative or derivative other transaction or any credit insurance provider relating under which payments are to be made by reference to the Company Borrower and its their obligations, this Agreement or payments hereunder; (vii) with the written consent of the Company, (viii) on a confidential basis to (Ax) any rating agency in connection with rating the rating of the Company Borrower or its Subsidiaries or their Obligations under this Agreement or (By) the CUSIP Service Bureau or any similar agency in connection with the issuance and monitoring of CUSIP numbers with respect to this Agreement Agreement; (viii) with the consent of the Borrower; or (ix) to the extent such Information (A) becomes publicly available other than as a result of a breach of this Section of which the Administrative Agent Section, or such Lender is aware, (B) becomes available to the Administrative Agent Agent, any Issuing Bank, any Lender or any Lender of their respective Affiliates on a non-confidential nonconfidential basis from a source other than the Company other than as a result of a breach of this Section of which the Administrative Agent or such Lender is awareBorrower. In addition, the Administrative Agent and each Lender the Lenders may disclose the existence of this Agreement and the amount of its Commitment information about this Agreement to market data collectors, similar service providers, providers to the lending industry and service providers to the Administrative Agent or any Lender Agents and the Lenders in connection with the administration of this Agreement, the other Loan Documents Documents, and the Commitments. For the purposes of this Section, “Information” means all information received from the Company Borrower relating to the Company Borrower or its Subsidiaries or their businessesbusiness, other than any such information that is available to the Administrative Agent Agent, any Issuing Bank or any Lender on a non-confidential nonconfidential basis prior to disclosure by the Company other than Borrower; provided that, in the case of information received from the Borrower after the date hereof, such information is clearly identified at the time of delivery as a result of a breach of this Section of which the Administrative Agent or such Lender is awareconfidential. 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.

Confidentiality; Non-Public Information. (a) The Administrative Agent and each Lender agrees agree to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (i) to its Affiliates and its and its Affiliates’ directors, officers, employees, agents employees and other Related Partiesagents, including accountants, legal counsel and other advisors, to its Approved Related Funds’ directors and officers and to any direct or indirect contractual counterparty in swap agreements (it being understood that each Person to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential or shall be subject to a professional obligation of confidentialityconfidential), (ii) to the extent requested by any Governmental Authority or any other regulatory authority purporting to have jurisdiction over it or its Affiliates (including any self-regulatory authority, ) having jurisdiction over such as the National Association of Insurance Commissioners)Lender, (iii) to the extent required by applicable laws or regulations or by any subpoena or similar legal process, provided that in connection with any such requirement by a subpoena or similar legal process, the Administrative Agent or such Lender shall (except with respect to any audit or examination conducted by any Governmental Authority), to the extent practicable and not prohibited by law, inform the Company promptly thereof prior to such disclosure, (iv) to any other party to this Agreement, (v) to the extent required or advisable in the judgment of counsel in connection with any suit, action or proceeding relating to the enforcement of rights of the Administrative Agent or the Lenders against the Company Borrowers under this Agreement or any other Loan Document, (vi) subject to an agreement containing provisions substantially the same as those of this Section, to (A) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights or obligations under this Agreement or (B) any actual or prospective counterparty (or its advisors) to any swap or derivative transaction or any credit insurance provider relating to the Company Borrowers and its their obligations, (vii) with the written consent of the Company, (viii) on a confidential basis to (A) any rating agency in connection with the rating of the Company or its Subsidiaries or (B) the CUSIP Service Bureau or any similar agency in connection with the issuance and monitoring of CUSIP numbers with respect to this Agreement or (ixviii) to the extent such Information (A) becomes publicly available other than as a result of a breach of this Section of which the Administrative Agent or such Lender is aware, aware or (B) becomes available to the Administrative Agent or any Lender on a non-confidential nonconfidential basis from a source other than the Company other than as a result of a breach of this Section of which the Administrative Agent or such Lender is aware. In addition, the Administrative Agent and each Lender may disclose the existence of this Agreement and the amount of its Commitment to market data collectors, similar service providers, to the lending industry and service providers to the Administrative Agent or any Lender in connection with the administration of this Agreement, the other Loan Documents and the Commitments. For the purposes of this Section, “Information” means all information received from the Company relating to the Company or its Subsidiaries or their businessesbusiness, other than any such information that is available to the Administrative Agent or any Lender on a non-confidential nonconfidential basis prior to disclosure by the Company other than as a result of a breach of this Section of which the Administrative Agent or such Lender is aware. 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.

Confidentiality; Non-Public Information. (a) The Administrative Each Agent and each Lender agrees agree to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (i) to its Affiliates and its and its Affiliates’ directors, officers, employees, agents employees and other Related Partiesagents, including accountants, legal counsel and other advisors, to its Approved Related Funds’ directors and officers and to any direct or indirect contractual counterparty in swap agreements (it being understood that each Person to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential or shall be subject to a professional obligation of confidentialityconfidential), (ii) to the extent requested by any Governmental Authority or any other regulatory authority purporting to have jurisdiction over it or its Affiliates (including any self-regulatory authority, ) having jurisdiction over such as the National Association of Insurance Commissioners)Lender, (iii) to the extent required by applicable laws or regulations or by any subpoena or similar legal process, provided that in connection with any such requirement by a subpoena or similar legal process, the Administrative Agent or such Lender shall (except with respect to any audit or examination conducted by any Governmental Authority), to the extent practicable and not prohibited by law, inform the Company promptly thereof prior to such disclosure, (iv) to any other party to this Agreement, (v) to the extent required or advisable in the judgment of counsel in connection with any suit, action or proceeding relating to the enforcement of rights of the Administrative Agent Agents or the Lenders against the Company Borrower or any other Loan Party under this Agreement or any other Loan Document, (vi) subject to an agreement containing provisions substantially the same as those of this Section, to (A) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights or obligations under this Agreement or (B) any actual or prospective counterparty (or its advisors) to any swap or derivative transaction or any credit insurance provider relating to the Company Borrower and its obligations, (vii) with the written consent of the Company, Borrower or (viii) on a confidential basis to (A) any rating agency in connection with the rating of the Company or its Subsidiaries or (B) the CUSIP Service Bureau or any similar agency in connection with the issuance and monitoring of CUSIP numbers with respect to this Agreement or (ix) to the extent such Information (A) becomes publicly available other than as a result of a breach of this Section of which the Administrative such Agent or such Lender is aware, aware or (B) becomes available to the Administrative any Agent or any Lender on a non-confidential nonconfidential basis from a source other than the Company Borrower other than as a result of a breach of this Section of which the Administrative such Agent or such Lender is aware. In addition, the Administrative Agent and each Lender may disclose the existence of this Agreement and the amount of its Commitment to market data collectors, similar service providers, to the lending industry and service providers to the Administrative Agent or any Lender in connection with the administration of this Agreement, the other Loan Documents and the Commitments. For the purposes of this Section, “Information” means all information received from the Company relating to the Company or its Subsidiaries or their 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 the Company other than as a result of a breach of this Section of which the Administrative Agent or such Lender is aware. 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.

Confidentiality; Non-Public Information. (a) The Administrative Agent Agent, each Issuing Bank and each Lender agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (i) to its Affiliates and its and its Affiliates’ directors, officers, employees, agents employees and other Related Partiesagents, including accountants, legal counsel and other advisors, to its Approved Funds’ directors and officers and to any direct or indirect contractual counterparty in swap agreements advisors (it being understood that each Person 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 shall be subject to a professional obligation of confidentialityconfidential), (ii) to the extent requested by any Governmental Authority or any other regulatory authority purporting to have jurisdiction over it or its Affiliates Related Parties (including any self-regulatory authority, such as the National Association of Insurance Commissioners), (iii) to the extent required by applicable laws or regulations or by any subpoena or similar legal processprocess (but only after giving prompt written notice to the Borrower, provided that in connection with to the extent permitted by law, of any such requirement by a subpoena or similar legal process, the Administrative Agent or such Lender shall request (except with respect to any audit or examination conducted by any Governmental Authority) so that the Borrower may seek a protective order or other appropriate remedy and/or waive compliance with this Section), to the extent practicable and not prohibited by law, inform the Company promptly thereof prior to such disclosure, (iv) to any other party to this Agreement, (v) to the extent required or advisable in the judgment of counsel in connection with the exercise of any remedies hereunder or any suit, action or proceeding relating to the enforcement of rights of the Administrative Agent or the Lenders against the Company under this Agreement or any other Loan Documenthereunder, (vi) subject to an agreement containing provisions substantially the same as those of this Section, to (Ax) 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 (By) any actual or prospective counterparty party (or its advisorsRelated Parties) to any swap swap, derivative or derivative other transaction or any credit insurance provider relating under which payments are to be made by reference to the Company Borrower and its their obligations, this Agreement or payments hereunder; (vii) with the written consent of the Company, (viii) on a confidential basis to (Ax) any rating agency in connection with rating the rating of the Company Borrower or its Subsidiaries or their Obligations under this Agreement or (By) the CUSIP Service Bureau or any similar agency in connection with the issuance and monitoring of CUSIP numbers with respect to this Agreement Agreement; (viii) with the consent of the Borrower; or (ix) to the extent such Information (A) becomes publicly available other than as a result of a breach of this Section of which the Administrative Agent Section, or such Lender is aware, (B) becomes available to the Administrative Agent Agent, any Issuing Bank, any Lender or any Lender of their respective Affiliates on a non-confidential nonconfidential basis from a source other than the Company other than as a result of a breach of this Section of which the Administrative Agent or such Lender is awareBorrower. In addition, the Administrative Agent and each Lender the Lenders may disclose the existence of this Agreement and the amount of its Commitment information about this Agreement to market data collectors, similar service providers, providers to the lending industry and service providers to the Administrative Agent or any Lender Agents and the Lenders in connection with the administration of this Agreement, the other Loan Documents Documents, and the Commitments. For the purposes of this Section, “Information” means all information received from the Company Borrower relating to the Company Borrower or its Subsidiaries or their businessesbusiness, other than any such information that is available to the Administrative Agent Agent, any Issuing Bank or any Lender on a non-confidential nonconfidential basis prior to disclosure by the Company other than Borrower; provided that, in the case of information received from the Borrower after the date hereof, such information is clearly identified at the time of delivery as a result of a breach of this Section of which the Administrative Agent or such Lender is awareconfidential. 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.

Confidentiality; Non-Public Information. (a) The Administrative Agent and each Lender agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (i) to its Affiliates and its and its Affiliates’ directors, officers, employees, agents employees and other Related Partiesagents, including accountants, legal counsel and other advisors, to its Approved Related Funds’ directors and officers and to any direct or indirect contractual counterparty in swap agreements (it being understood that each Person to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential or shall be subject to a professional obligation of confidentialityconfidential), (ii) to the extent requested by any Governmental Authority or any other regulatory authority purporting to have jurisdiction over it or its Affiliates (including any self-regulatory authority, ) having jurisdiction over such as the National Association of Insurance Commissioners)Lender, (iii) to the extent required by applicable laws or regulations or by any subpoena or similar legal process, provided that in connection with any such requirement by a subpoena or similar legal process, the Administrative Agent or such Lender shall (except with respect to any audit or examination conducted by any Governmental Authority), to the extent practicable and not prohibited by law, inform the Company promptly thereof prior to such disclosure, (iv) to any other party to this Agreement, (v) to the extent required or advisable in the judgment of counsel in connection with any suit, action or proceeding relating to the enforcement of rights of the Administrative Agent or the Lenders against the Company Borrower under this Agreement or any other Loan Document, (vi) subject to an agreement containing provisions substantially the same as those of this Section, to (A) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights or obligations under this Agreement or (B) any actual or prospective counterparty (or its advisors) to any swap or derivative transaction or any credit insurance provider relating to the Company Borrower and its obligations, (vii) with the written consent of the Company, Borrower or (viii) on a confidential basis to (A) any rating agency in connection with the rating of the Company or its Subsidiaries or (B) the CUSIP Service Bureau or any similar agency in connection with the issuance and monitoring of CUSIP numbers with respect to this Agreement or (ix) to the extent such Information (A) becomes publicly available other than as a result of a breach of this Section of which the Administrative Agent or such Lender is aware, aware or (B) becomes available to the Administrative Agent or any Lender on a non-confidential nonconfidential basis from a source other than the Company Borrower other than as a result of a breach of this Section of which the Administrative Agent or such Lender is aware. In addition, the Administrative Agent and each Lender may disclose the existence of this Agreement and the amount of its Commitment to market data collectors, similar service providers, to the lending industry and service providers to the Administrative Agent or any Lender in connection with the administration of this Agreement, the other Loan Documents and the Commitments. For the purposes of this Section, “Information” means all information received from the Company relating to the Company or its Subsidiaries or their 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 the Company other than as a result of a breach of this Section of which the Administrative Agent or such Lender is aware. 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.

Confidentiality; Non-Public Information. (a) The Administrative Agent and each Lender agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (i) to its Affiliates and its and its Affiliates’ directors, officers, employees, agents employees and other Related Partiesagents, including accountants, legal counsel and other advisors, advisors who need to its Approved Funds’ directors and officers and to any direct or indirect contractual counterparty know such information in swap agreements connection with the credit facilities established hereunder (it being understood that each Person 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 shall be subject to a professional obligation of confidentialityconfidential), (ii) to the extent requested by any Governmental Authority or any other regulatory authority purporting to have jurisdiction over it or its Affiliates Related Parties (including any self-regulatory self‑regulatory authority, such as the National Association of Insurance Commissioners), (iii) to the extent required by applicable laws or regulations or by any subpoena or similar legal processprocess (but only after giving prompt written notice to the Borrower, provided that in connection with to the extent permitted by law, of any such requirement by a subpoena or similar legal process, the Administrative Agent or such Lender shall request (except with respect to any audit or examination conducted by any Governmental Authority) so that the Borrower may seek a protective order or other appropriate remedy and/or waive compliance with this Section), to the extent practicable and not prohibited by law, inform the Company promptly thereof prior to such disclosure, (iv) to any other party to this Agreement, (v) to the extent required or advisable in the judgment of counsel in connection with the exercise of any remedies under this Agreement or any other Loan Document or any suit, action or proceeding relating to the enforcement of rights of the Administrative Agent or the Lenders against the Company under this Agreement or any other Loan DocumentDocument or the enforcement of rights hereunder or thereunder, (vi) subject to an agreement containing provisions substantially the same as those of this Section, to (Ax) 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 Agreement, (By) any direct or indirect, actual or prospective counterparty party (or its advisorsRelated Parties) to any swap swap, derivative or derivative other transaction under which payments are to be made by reference to the Borrower and its obligations, this Agreement or payments hereunder, or (z) any credit insurance provider relating to the Company Borrower and its obligations, obligations under this Agreement; (vii) with the written consent of the Company, (viii) on a confidential basis to (Ax) any rating agency in connection with rating the rating of the Company Borrower or its Subsidiaries or their obligations under this Agreement or (By) the CUSIP Service Bureau or any similar agency in connection with the issuance and monitoring of CUSIP numbers with respect to this Agreement Agreement; (viii) with the consent of the Borrower; or (ix) to the extent such Information (A) becomes publicly available other than as a result of a breach of this Section of which the Administrative Agent Section, or such Lender is aware, (B) becomes available to the Administrative Agent Agent, any Lender or any Lender of their respective Affiliates on a non-confidential nonconfidential basis from a source other than the Company other than Borrower that is not known by the Administrative Agent, such Lender or such Affiliate to have possession of such information illegally or as a result of a breach violation of this Section of which the Administrative Agent or such Lender is awareSection. In addition, the Administrative Agent and each Lender Agent, the Lenders may disclose the existence of this Agreement and the amount of its Commitment information about this Agreement to market data collectors, similar service providers, providers to the lending industry and service providers to the Administrative Agent or any Lender and the Lenders in connection with the administration of this Agreement, the other Loan Documents Documents, the Loans and the Commitments, in each case, to the extent such information is customarily provided to such Persons. For the purposes of this Section, “Information” means all information received from the Company Borrower relating to the Company Borrower or its Subsidiaries or their businessesbusiness, other than any such information that is available to the Administrative Agent or any Lender on a non-confidential nonconfidential basis prior to disclosure by the Company other than as a result of a breach of this Section of which the Administrative Agent or such Lender is awareBorrower. 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.

Confidentiality; Non-Public Information. (a) The Administrative Agent Agent, each Issuing Bank and each Lender Lxxxxx agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (i) to its Affiliates and its and its Affiliates’ directors, officers, employees, agents employees and other Related Partiesagents, including accountants, legal counsel and other advisors, advisors who need to its Approved Funds’ directors and officers and to any direct or indirect contractual counterparty know such information in swap agreements connection with the credit facilities established hereunder (it being understood that each Person 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 shall be subject to a professional obligation of confidentialityconfidential), (ii) to the extent requested by any Governmental Authority or any other regulatory authority purporting to have jurisdiction over it or its Affiliates Related Parties (including any self-regulatory authority, such as the National Association of Insurance Commissioners), (iii) to the extent required by applicable laws or regulations or by any subpoena or similar legal processprocess (but only after giving prompt written notice to the Borrower, provided that in connection with to the extent permitted by law, of any such requirement by a subpoena or similar legal process, the Administrative Agent or such Lender shall request (except with respect to any audit or examination conducted by any Governmental Authority) so that the Borrower may seek a protective order or other appropriate remedy and/or waive compliance with this Section), to the extent practicable and not prohibited by law, inform the Company promptly thereof prior to such disclosure, (iv) to any other party to this Agreement, (v) to the extent required or advisable in the judgment of counsel in connection with the exercise of any remedies under this Agreement or any other Loan Document or any suit, action or proceeding relating to the enforcement of rights of the Administrative Agent or the Lenders against the Company under this Agreement or any other Loan DocumentDocument or the enforcement of rights hereunder or thereunder, (vi) subject to an agreement containing provisions substantially the same as those of this Section, to (Ax) 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 Agreement, (By) any direct or indirect, actual or prospective counterparty party (or its advisorsRelated Parties) to any swap swap, derivative or derivative other transaction under which payments are to be made by reference to the Borrower and its obligations, this Agreement or payments hereunder, or (z) any credit insurance provider relating to the Company Borrower and its obligations, obligations under this Agreement; (vii) with the written consent of the Company, (viii) on a confidential basis to (Ax) any rating agency in connection with rating the rating of the Company Borrower or its Subsidiaries or their obligations under this Agreement or (By) the CUSIP Service Bureau or any similar agency in connection with the issuance and monitoring of CUSIP numbers with respect to this Agreement Agreement; (viii) with the consent of the Borrower; or (ix) to the extent such Information (A) becomes publicly available other than as a result of a breach of this Section of which the Administrative Agent Section, or such Lender is aware, (B) becomes available to the Administrative Agent Agent, any Issuing Bank, any Lender or any Lender of their respective Affiliates on a non-confidential nonconfidential basis from a source other than the Company other than Borrower that is not known by the Administrative Agent, such Issuing Bank, such Lender or such Affiliate to have possession of such information illegally or as a result of a breach violation of this Section of which the Administrative Agent or such Lender is awareSection. In addition, the Administrative Agent Agent, the Lenders and each Lender the Issuing Banks may disclose the existence of this Agreement and the amount of its Commitment information about this Agreement to market data collectors, similar service providers, providers to the lending industry and service providers to the Administrative Agent or any Lender and the Lenders in connection with the administration of this Agreement, the other Loan Documents Documents, the Loans and the Commitments, in each case, to the extent such information is customarily provided to such Persons. For the purposes of this Section, “Information” means all information received from the Company Borrower relating to the Company Borrower or its Subsidiaries or their businessesbusiness, other than any such information that is available to the Administrative Agent Agent, any Issuing Bank or any Lender on a non-confidential nonconfidential basis prior to disclosure by the Company other than as a result of a breach of this Section of which the Administrative Agent or such Lender is awareBorrower. 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.

Confidentiality; Non-Public Information. (a) The Administrative Agent Agent, each Issuing Bank and each Lender agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (i) to its Affiliates and its and its Affiliates’ directors, officers, employees, agents employees and other Related Partiesagents, including accountants, legal counsel and other advisors, advisors who need to its Approved Funds’ directors and officers and to any direct or indirect contractual counterparty know such information in swap agreements connection with the credit facilities established hereunder (it being understood that each Person 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 shall be subject to a professional obligation of confidentialityconfidential), (ii) to the extent requested by any Governmental Authority or any other regulatory authority purporting to have jurisdiction over it or its Affiliates Related Parties (including any self-regulatory self‑regulatory authority, such as the National Association of Insurance Commissioners), (iii) to the extent required by applicable laws or regulations or by any subpoena or similar legal processprocess (but only after giving prompt written notice to the Borrower, provided that in connection with to the extent permitted by law, of any such requirement by a subpoena or similar legal process, the Administrative Agent or such Lender shall request (except with respect to any audit or examination conducted by any Governmental Authority) so that the Borrower may seek a protective order or other appropriate remedy and/or waive compliance with this Section), to the extent practicable and not prohibited by law, inform the Company promptly thereof prior to such disclosure, (iv) to any other party to this Agreement, (v) to the extent required or advisable in the judgment of counsel in connection with the exercise of any remedies under this Agreement or any other Loan Document or any suit, action or proceeding relating to the enforcement of rights of the Administrative Agent or the Lenders against the Company under this Agreement or any other Loan DocumentDocument or the enforcement of rights hereunder or thereunder, (vi) subject to an agreement containing provisions substantially the same as those of this Section, to (Ax) 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 Agreement, (By) any direct or indirect, actual or prospective counterparty party (or its advisorsRelated Parties) to any swap swap, derivative or derivative other transaction under which payments are to be made by reference to the Borrower and its obligations, this Agreement or payments hereunder, or (z) any credit insurance provider relating to the Company Borrower and its obligations, obligations under this Agreement; (vii) with the written consent of the Company, (viii) on a confidential basis to (Ax) any rating agency in connection with rating the rating of the Company Borrower or its Subsidiaries or their obligations under this Agreement or (By) the CUSIP Service Bureau or any similar agency in connection with the issuance and monitoring of CUSIP numbers with respect to this Agreement Agreement; (viii) with the consent of the Borrower; or (ix) to the extent such Information (A) becomes publicly available other than as a result of a breach of this Section of which the Administrative Agent Section, or such Lender is aware, (B) becomes available to the Administrative Agent Agent, any Issuing Bank, any Lender or any Lender of their respective Affiliates on a non-confidential nonconfidential basis from a source other than the Company other than Borrower that is not known by the Administrative Agent, such Issuing Bank, such Lender or such Affiliate to have possession of such information illegally or as a result of a breach violation of this Section of which the Administrative Agent or such Lender is awareSection. In addition, the Administrative Agent Agent, the Lenders and each Lender the Issuing Banks may disclose the existence of this Agreement and the amount of its Commitment information about this Agreement to market data collectors, similar service providers, providers to the lending industry and service providers to the Administrative Agent or any Lender and the Lenders in connection with the administration of this Agreement, the other Loan Documents Documents, the Loans and the Commitments, in each case, to the extent such information is customarily provided to such Persons. For the purposes of this Section, “Information” means all information received from the Company Borrower relating to the Company Borrower or its Subsidiaries or their businessesbusiness, other than any such information that is available to the Administrative Agent Agent, any Issuing Bank or any Lender on a non-confidential nonconfidential basis prior to disclosure by the Company other than as a result of a breach of this Section of which the Administrative Agent or such Lender is awareBorrower. 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.

Confidentiality; Non-Public Information. (a) The Administrative Each Agent and each Lender agrees agree to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (i) to its Affiliates and its and its Affiliates’ directors, officers, employees, agents employees and other Related Partiesagents, including accountants, legal counsel and other advisors, to its Approved Related Funds’ directors and officers and to any direct or indirect contractual counterparty in swap agreements (it being understood that each Person to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential or shall be subject to a professional obligation of confidentialityconfidential), (ii) to the extent requested by any Governmental Authority or any other regulatory authority purporting to have jurisdiction over it or its Affiliates (including any self-regulatory authority, ) having jurisdiction over such as the National Association of Insurance Commissioners)Lender, (iii) to the extent required by applicable laws or regulations or by any subpoena or similar legal process, provided that in connection with any such requirement by a subpoena or similar legal process, the Administrative Agent or such Lender shall (except with respect to any audit or examination conducted by any Governmental Authority), to the extent practicable and not prohibited by law, inform the Company promptly thereof prior to such disclosure, (iv) to any other party to this Agreement, (v) to the extent required or advisable in the judgment of counsel in connection with any suit, action or proceeding relating to the enforcement of rights of the Administrative Agent Agents or the Lenders against the Company Borrowers or any other Loan Party under this Agreement or any other Loan Document, (vi) subject to an agreement containing provisions substantially the same as those of this Section, to (A) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights or obligations under this Agreement or (B) any actual or prospective counterparty (or its advisors) to any swap or derivative transaction or any credit insurance provider relating to the Company Borrowers and its their obligations, (vii) with the written consent of the Company, (viii) on a confidential basis to (A) any rating agency in connection with the rating of the Company or its Subsidiaries or (B) the CUSIP Service Bureau or any similar agency in connection with the issuance and monitoring of CUSIP numbers with respect to this Agreement or (ixviii) to the extent such Information (A) becomes publicly available other than as a result of a breach of this Section of which the Administrative such Agent or such Lender is aware, aware or (B) becomes available to the Administrative any Agent or any Lender on a non-confidential nonconfidential basis from a source other than the Company other than as a result of a breach of this Section of which the Administrative such Agent or such Lender is aware. In addition, the Administrative Agent and each Lender may disclose the existence of this Agreement and the amount of its Commitment to market data collectors, similar service providers, to the lending industry and service providers to the Administrative Agent or any Lender in connection with the administration of this Agreement, the other Loan Documents and the Commitments. For the purposes of this Section, “Information” means all information received from the Company relating to the Company or its Subsidiaries or their businessesbusiness, other than any 104 such information that is available to the Administrative any Agent or any Lender on a non-confidential nonconfidential basis prior to disclosure by the Company other than as a result of a breach of this Section of which the Administrative such Agent or such Lender is aware. 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.

Confidentiality; Non-Public Information. (a) The Administrative Agent Each Agent, Issuing Bank and each Lender agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (i) to its Affiliates and its and its Affiliates’ directors, officers, employees, agents employees and other Related Partiesagents, including accountants, legal counsel and other advisors, to its Approved Funds’ directors and officers and to any direct or indirect contractual counterparty in swap agreements (it being understood that each Person to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential or shall be subject to a professional obligation of confidentialityconfidential), (ii) to the extent requested by any Governmental Authority or any other regulatory authority purporting to have jurisdiction over it or its Affiliates (including any self-regulatory authority, such as the National Association of Insurance Commissioners), (iii) to the extent required by applicable laws or regulations or by any subpoena or similar legal process, provided that in connection with any such requirement by a subpoena or similar legal process, the Administrative Agent such Agent, Issuing Bank or such Lender shall (except with respect to any audit or examination conducted by any Governmental Authority), to the extent practicable and not prohibited by law, inform the Company Borrower promptly thereof prior to such disclosure, (iv) to any other party to this Agreement, (v) to the extent required or advisable in the judgment of counsel in connection with any suit, action or proceeding relating to the enforcement of rights of the Administrative Agent Agents, Issuing Banks or the Lenders against the Company Borrower under this Agreement or any other Loan Document, (vi) subject to an agreement containing provisions substantially the same as those of this Section, to (A) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights or obligations under this Agreement or (B) any actual or prospective counterparty (or its advisors) to any swap or derivative transaction or any credit insurance provider relating to the Company Borrower and its obligations, (vii) with the written consent of the Company, Borrower or (viii) on a confidential basis to (A) any rating agency in connection with the rating of the Company or its Subsidiaries or (B) the CUSIP Service Bureau or any similar agency in connection with the issuance and monitoring of CUSIP numbers with respect to this Agreement or (ix) to the extent such Information (A) becomes publicly available other than as a result of a breach of this Section of which the Administrative Agent such Agent, Issuing Bank or such Lender is aware, aware or (B) becomes available to the Administrative Agent or any Lender on a non-confidential basis from a source other than the Company Borrower other than as a result of a breach of this Section of which the Administrative Agent or such Lender is aware. In addition, the Administrative Agent and each Lender may disclose the existence of this Agreement and the amount of its Commitment to market data collectors, similar service providers, to the lending industry and service providers to the Administrative Agent or any Lender in connection with the administration of this Agreement, the other Loan Documents and the Commitments. For the purposes of this Section, “Information” means all information received from the Company relating to the Company or its Subsidiaries or their 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 the Company other than as a result of a breach of this Section of which the Administrative Agent or such Lender is aware. 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.result

Confidentiality; Non-Public Information. (a) The Administrative Agent and each Lender agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (i) to its Affiliates and its and its Affiliates’ directors, officers, employees, agents employees and other Related Partiesagents, including accountants, legal counsel and other advisors, to its Approved Funds’ directors and officers and to any direct or indirect contractual counterparty in swap agreements advisors (it being understood that each Person 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 shall be subject to a professional obligation of confidentialityconfidential), (ii) to the extent requested by any Governmental Authority or any other regulatory authority purporting to have jurisdiction over it or its Affiliates Related Parties (including any self-regulatory authority, such as the National Association of Insurance Commissioners), (iii) to the extent required by applicable laws or regulations or by any subpoena or similar legal processprocess (but only after giving prompt written notice to the Company, provided that in connection with to the extent permitted by law, of any such requirement by a subpoena or similar legal process, the Administrative Agent or such Lender shall request (except with respect to any audit or examination conducted by any Governmental Authority), to the extent practicable and not prohibited by law, inform ) so that the Company promptly thereof prior to such disclosuremay seek a protective order or other appropriate remedy and/or waive compliance with this Section), (iv) to any other party to this Agreement, (v) to the extent required or advisable in the judgment of counsel in connection with the exercise of any remedies hereunder or any suit, action or proceeding relating to the enforcement of rights of the Administrative Agent or the Lenders against the Company under this Agreement or any other Loan Documenthereunder, (vi) subject to an agreement containing provisions substantially the same as those of this Section, to (Ax) 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 (By) any actual or prospective counterparty party (or its advisorsRelated Parties) to any swap swap, derivative or derivative other transaction or any credit insurance provider relating under which payments are to be made by reference to the Company and its obligations, this Agreement or payments hereunder; (vii) with the written consent of the Company, (viii) on a confidential basis to (Ax) any rating agency in connection with the rating of the Company or its Subsidiaries or their Obligations under this Agreement or (By) the CUSIP Service Bureau or any similar agency in connection with the issuance and monitoring of CUSIP numbers with respect to this Agreement or (ix) to the extent such Information (A) becomes publicly available other than as a result of a breach of this Section of which the Administrative Agent or such Lender is aware, (B) becomes available to the Administrative Agent or any Lender on a non-confidential basis from a source other than the Company other than as a result of a breach of this Section of which the Administrative Agent or such Lender is aware. In addition, the Administrative Agent and each Lender may disclose the existence of this Agreement and the amount of its Commitment to market data collectors, similar service providers, to the lending industry and service providers to the Administrative Agent or any Lender in connection with the administration of this Agreement, the other Loan Documents and the Commitments. For the purposes of this Section, “Information” means all information received from the Company relating to the Company or its Subsidiaries or their 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 the Company other than as a result of a breach of this Section of which the Administrative Agent or such Lender is aware. 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.to

Confidentiality; Non-Public Information. (a) The Administrative Agent and each Lender agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (i) to its Affiliates and its and its Affiliates’ directors, officers, employees, agents employees and other Related Partiesagents, including accountants, legal counsel and other advisors, advisors who need to its Approved Funds’ directors and officers and to any direct or indirect contractual counterparty know such information in swap agreements connection with the credit facilities established hereunder (it being understood that each Person 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 shall be subject to a professional obligation of confidentialityconfidential), (ii) to the extent requested by any Governmental Authority or any other regulatory authority purporting to have jurisdiction over it or its Affiliates Related Parties (including any self-regulatory self‑regulatory authority, such as the National Association of Insurance Commissioners), (iii) to the extent required by applicable laws or regulations or by any subpoena or similar legal processprocess (but only after giving prompt written notice to the Borrower, provided that in connection with to the extent permitted by law, of any such requirement by a subpoena or similar legal process, the Administrative Agent or such Lender shall request (except with respect to any audit or examination conducted by any Governmental Authority) so that the Borrower may seek a protective order or other appropriate remedy and/or waive compliance with this Section), to the extent practicable and not prohibited by law, inform the Company promptly thereof prior to such disclosure, (iv) to any other party to this Agreement, (v) to the extent required or advisable in the judgment of counsel in connection with the exercise of any remedies under this Agreement or any other Loan Document or any suit, action or proceeding relating to the enforcement of rights of the Administrative Agent or the Lenders against the Company under this Agreement or any other Loan DocumentDocument or the enforcement of rights hereunder or thereunder, (vi) subject to an agreement containing provisions substantially the same as those of this Section, to (Ax) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its [[DMS:5352758v9:6/11/2020 5:16:46 PM rights or and obligations under this Agreement or Agreement, (By) any direct or indirect, actual or prospective counterparty party (or its advisorsRelated Parties) to any swap swap, derivative or derivative other transaction under which payments are to be made by reference to the Borrower and its obligations, this Agreement or payments hereunder, or (z) any credit insurance provider relating to the Company Borrower and its obligations, obligations under this Agreement; (vii) with the written consent of the Company, (viii) on a confidential basis to (Ax) any rating agency in connection with rating the rating of the Company Borrower or its Subsidiaries or their obligations under this Agreement or (By) the CUSIP Service Bureau or any similar agency in connection with the issuance and monitoring of CUSIP numbers with respect to this Agreement Agreement; (viii) with the consent of the Borrower; or (ix) to the extent such Information (A) becomes publicly available other than as a result of a breach of this Section of which the Administrative Agent Section, or such Lender is aware, (B) becomes available to the Administrative Agent Agent, any Lender or any Lender of their respective Affiliates on a non-confidential nonconfidential basis from a source other than the Company other than Borrower that is not known by the Administrative Agent, such Lender or such Affiliate to have possession of such information illegally or as a result of a breach violation of this Section of which the Administrative Agent or such Lender is awareSection. In addition, the Administrative Agent and each Lender Agent, the Lenders may disclose the existence of this Agreement and the amount of its Commitment information about this Agreement to market data collectors, similar service providers, providers to the lending industry and service providers to the Administrative Agent or any Lender and the Lenders in connection with the administration of this Agreement, the other Loan Documents Documents, the Loans and the Commitments, in each case, to the extent such information is customarily provided to such Persons. For the purposes of this Section, “Information” means all information received from the Company Borrower relating to the Company Borrower or its Subsidiaries or their businessesbusiness, other than any such information that is available to the Administrative Agent or any Lender on a non-confidential nonconfidential basis prior to disclosure by the Company other than as a result of a breach of this Section of which the Administrative Agent or such Lender is awareBorrower. 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.

Confidentiality; Non-Public Information. (a) The Administrative Agent Agent, each Issuing Bank and each Lender agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (i) to its Affiliates and its and its Affiliates’ directors, officers, employees, agents employees and other Related Partiesagents, including accountants, legal counsel and other advisors, to its Approved Funds’ directors and officers and to any direct or indirect contractual counterparty in swap agreements advisors (it being understood that each Person 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 shall be subject to a professional obligation of confidentialityconfidential), (ii) to the extent requested by any Governmental Authority or any other regulatory authority purporting to have jurisdiction over it or its Affiliates Related Parties (including any self-regulatory self‑regulatory authority, such as the National Association of Insurance Commissioners), (iii) to the extent required by applicable laws or regulations or by any subpoena or similar legal processprocess (but only after giving prompt written notice to the Company, provided that in connection with to the extent permitted by law, of any such requirement by a subpoena or similar legal process, the Administrative Agent or such Lender shall request (except with respect to any audit or examination conducted by any Governmental Authority), to the extent practicable and not prohibited by law, inform ) so that the Company promptly thereof prior to such disclosuremay seek a protective order or other appropriate remedy and/or waive compliance with this Section), (iv) to any other party to this Agreement, (v) to the extent required or advisable in the judgment of counsel in connection with the exercise of any remedies hereunder or any suit, action or proceeding relating to the enforcement of rights of the Administrative Agent or the Lenders against the Company under this Agreement or any other Loan Documenthereunder, (vi) subject to an agreement containing provisions substantially the same as those of this Section, to (Ax) 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 (By) any actual or prospective counterparty party (or its advisorsRelated Parties) to any swap swap, derivative or derivative other transaction or any credit insurance provider relating under which payments are to be made by reference to the Company Borrowers and its their obligations, this Agreement or payments hereunder; (vii) with the written consent of the Company, (viii) on a confidential basis to (Ax) any rating agency in connection with the rating of the Company or its Subsidiaries or their Obligations under this Agreement or (By) the CUSIP Service Bureau or any similar agency in connection with the issuance and monitoring of CUSIP numbers with respect to this Agreement Agreement; (viii) with the consent of the Company; or (ix) to the extent such Information (A) becomes publicly available other than as a result of a breach of this Section of which the Administrative Agent Section, or such Lender is aware, (B) becomes available to the Administrative Agent or any Lender on a non-confidential basis from a source other than the Company other than as a result of a breach of this Section of which the Administrative Agent or such Lender is awareNYDOCS02/1175986.51175986.8 95 AVAILABLE TO THE ADMINISTRATIVE AGENT, ANY ISSUING BANK, ANY LENDER OR ANY OF THEIR RESPECTIVE AFFILIATES ON A NONCONFIDENTIAL BASIS FROM A SOURCE OTHER THAN THE COMPANY. In additionIN ADDITION, the Administrative Agent and each Lender may disclose the existence of this Agreement and the amount of its Commitment to market data collectorsTHE ADMINISTRATIVE AGENT AND THE LENDERS MAY DISCLOSE THE EXISTENCE OF THIS AGREEMENT AND INFORMATION ABOUT THIS AGREEMENT TO MARKET DATA COLLECTORS, similar service providersSIMILAR SERVICE PROVIDERS TO THE LENDING INDUSTRY AND SERVICE PROVIDERS TO THE AGENTS AND THE LENDERS IN CONNECTION WITH THE ADMINISTRATION OF THIS AGREEMENT, to the lending industry and service providers to the Administrative Agent or any Lender in connection with the administration of this AgreementTHE OTHER LOAN DOCUMENTS, the other Loan Documents and the CommitmentsAND THE COMMITMENTS. For the purposes of this SectionFOR THE PURPOSES OF THIS SECTION, “InformationINFORMATION” means all information received from the Company relating to the Company or its Subsidiaries or their businessesMEANS ALL INFORMATION RECEIVED FROM THE COMPANY RELATING TO THE COMPANY OR ITS BUSINESS, other than any such information that is available to the Administrative Agent or any Lender on a non-confidential basis prior to disclosure by the Company other than as a result of a breach of this Section of which the Administrative Agent or such Lender is awareOTHER THAN ANY SUCH INFORMATION THAT IS AVAILABLE TO THE ADMINISTRATIVE AGENT, ANY ISSUING BANK OR ANY LENDER ON A NONCONFIDENTIAL BASIS PRIOR TO DISCLOSURE BY THE COMPANY; PROVIDED THAT, IN THE CASE OF INFORMATION RECEIVED FROM THE 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 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 informationANY 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.

Confidentiality; Non-Public Information. (a) The 15.9.1 As required by federal law and Administrative Agent’s policies and practices, Administrative Agent may need to obtain, verify, and record certain customer identification information and documentation in connection with opening or maintaining accounts, or establishing or continuing to provide services. Administrative Agent and each Lender agrees agree to use commercially reasonable efforts (equivalent to the efforts Administrative Agent or such Lender applies to maintain the confidentiality of the Information (its own confidential information) to maintain as defined below)confidential all information provided to them by any Loan Party and designated as confidential, except that Information may be disclosed (i) to its Affiliates and its and its Affiliates’ directors, officers, employees, agents and other Related Parties, including accountants, legal counsel and other advisors, to its Approved Funds’ directors and officers and to any direct or indirect contractual counterparty in swap agreements (it being understood that each Person to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential or shall be subject to a professional obligation of confidentiality), (ii) to the extent requested by any Governmental Authority or any other regulatory authority purporting to have jurisdiction over it or its Affiliates (including any self-regulatory authority, such as the National Association of Insurance Commissioners), (iii) to the extent required by applicable laws or regulations or by any subpoena or similar legal process, provided that in connection with any such requirement by a subpoena or similar legal process, the Administrative Agent or such Lender shall (except with respect to any audit or examination conducted by any Governmental Authority), to the extent practicable and not prohibited by law, inform the Company promptly thereof prior to such disclosure, (iv) to any other party to this Agreement, (v) to the extent required or advisable in the judgment of counsel in connection with any suit, action or proceeding relating to the enforcement of rights of the Administrative Agent or the Lenders against the Company under this Agreement or any other Loan Document, (vi) subject to an agreement containing provisions substantially the same as those of this Section, to (A) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights or obligations under this Agreement or (B) any actual or prospective counterparty (or its advisors) to any swap or derivative transaction or any credit insurance provider relating to the Company and its obligations, (vii) with the written consent of the Company, (viii) on a confidential basis to (A) any rating agency in connection with the rating of the Company or its Subsidiaries or (B) the CUSIP Service Bureau or any similar agency in connection with the issuance and monitoring of CUSIP numbers with respect to this Agreement or (ix) to the extent such Information (A) becomes publicly available other than as a result of a breach of this Section of which the Administrative Agent or such Lender is aware, (B) becomes available to the Administrative Agent or any Lender on a non-confidential basis from a source other than the Company other than as a result of a breach of this Section of which the Administrative Agent or such Lender is aware. In addition, the Administrative Agent and each Lender may disclose the existence of this Agreement and the amount of its Commitment such information (a) to market data collectors, similar service providers, to the lending industry and service providers to the Persons employed or engaged by Administrative Agent or such Lender or such Lender’s Affiliates or Approved Funds in evaluating, approving, structuring or administering the Loans and the Commitments; (b) to any assignee or participant or potential assignee or participant that has agreed to comply with the covenant contained in this Section 15.9 (and any such assignee or participant or potential assignee or participant may disclose such information to Persons employed or engaged by them as described in clause (a) above); (c) as required or requested by any federal or state regulatory authority or examiner, or any insurance industry association, or as reasonably believed by Administrative Agent or such Lender to be compelled by any court decree, subpoena or legal or administrative order or process; (d) as, on the advice of Administrative Agent’s or such Lender’s counsel, is required by law; (e) in connection with the administration exercise of this Agreement, any right or remedy under the other Loan Documents and the Commitments. For the purposes of this Section, “Information” means all information received from the Company relating or in connection with any litigation to the Company or its Subsidiaries or their 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 the Company other than as a result of a breach of this Section of which the Administrative Agent or such Lender is awarea party; (f) to any nationally recognized rating agency that requires access to information about a Lender’s investment portfolio in connection with ratings issued with respect to such Lender; (g) to any Affiliate of Administrative Agent, the Issuing Lenders or any Lender who may provide Bank Products to the Loan Parties; (h) to Lender’s independent auditors and other professional advisors as to which such information has been identified as confidential; or (i) that ceases to be confidential through no fault of Administrative Agent or any Lender. Any Person required Notwithstanding the foregoing, Borrower consents to maintain the publication by Administrative Agent or any Lender of a tombstone or similar advertising material relating to the financing transactions contemplated by this Agreement, and Administrative Agent reserves the right to provide to industry trade organizations information necessary and customary for inclusion in league table measurements. If any provision of any confidentiality of Information as provided in agreement, non-disclosure agreement or other similar agreement between Borrower and Lender conflicts with or contradicts this Section shall be considered 15.9 with respect to have complied with its obligation to do so if such Person has exercised the same degree treatment of care to maintain the confidentiality of such Information as such Person would accord to its own confidential information, this section shall supersede all such prior or contemporaneous agreements and understandings between the parties.