Common use of Disclosure; Publicity Clause in Contracts

Disclosure; Publicity. The Debtors shall submit drafts to Stroock, as counsel to the Initial Consenting Lenders, of any press releases and public documents that constitute disclosure of the existence or terms of this Agreement or any amendment to the terms of this Agreement at least two (2) Business Days prior to making any such disclosure, and shall afford them a reasonable opportunity under the circumstances to comment on such documents and disclosures and shall incorporate any such reasonable comments in good faith; provided, that if the Requisite Consenting Lenders do not object to the form of such press release or public document or do not otherwise respond to such request for approval (including through counsel) within the two (2) Business Day period, the Requisite Consenting Lenders shall be deemed to have consented to the form of such press release or public document for purposes of this Section 25. Except as required by Law, no Restructuring Support Party or its advisors shall (a) use the name of any Consenting Lender in any public manner (including in any press release) with respect to this Agreement, the Restructuring or any of the Restructuring Documents or (b) disclose to any Person (including, for the avoidance of doubt, any other Consenting Lender), other than advisors to the Debtors, the principal amount or percentage of any Claims and Interests held by any Consenting Lender, without such Consenting Lender’s prior written consent; provided, however, that (i) if such disclosure is required by Law, the disclosing Restructuring Support Party shall afford the relevant Consenting Lender a reasonable opportunity to review and comment in advance of such disclosure and shall take all reasonable measures to limit such disclosure and (ii) the foregoing shall not prohibit the disclosure of the aggregate percentage or aggregate principal amount of Claims and Interests held by the Consenting Lenders. Notwithstanding the provisions in this Section 25, (x) any Restructuring Support Party may disclose the identities of the Restructuring Support Parties in any action to enforce this Agreement or in any action for damages as a result of any breaches hereof, and (y) any Restructuring Support Party may disclose, to the extent expressly consented to in writing by a Consenting Lender, such Consenting Lender’s identity and individual holdings.

Disclosure; Publicity. The Debtors shall submit drafts to Stroock, as counsel to the Initial Consenting Lenders, Ad Hoc Committee Advisors of any press releases and public documents that constitute disclosure of the existence or terms of this Agreement or any amendment to the terms of this Agreement at least two three (23) Business Days prior to making any such disclosure, and shall afford them a reasonable opportunity under the circumstances to comment on such documents and disclosures and shall incorporate any such reasonable comments in good faith; provided, that if the Requisite Consenting Lenders do not object to the form of such press release or public document or do not otherwise respond to such request for approval (including through counsel) within the two (2) Business Day period, the Requisite Consenting Lenders shall be deemed to have consented to the form of such press release or public document for purposes of this Section 25. Except as required by Law, no Restructuring Support Party or its advisors shall (a) use the name of any Consenting Lender Creditor in any public manner (including in any press release) with respect to this Agreement, the Restructuring or any of the Restructuring Documents or (b) disclose to any Person (including, for the avoidance of doubt, any other Consenting LenderCreditor), other than advisors to the Debtors, the principal amount or percentage of any Claims and Interests held by any Consenting Creditor, or the DIP Commitment amount of any DIP Lender, in each case, without such Consenting Creditor’s or DIP Lender’s prior written consent; provided, however, that (i) if such disclosure is required by Law, the disclosing Restructuring Support Party shall afford the relevant Consenting Creditor or DIP Lender a reasonable opportunity to review and comment in advance of such disclosure and shall take all reasonable measures to limit such disclosure and (ii) the foregoing shall not prohibit the disclosure of the aggregate percentage or aggregate principal amount of Claims and Interests held by the Consenting LendersCreditors in the aggregate. Notwithstanding the provisions in this Section 25, (x) any Restructuring Support Party may disclose the identities of the Restructuring Support Parties in any action to enforce this Agreement or in any action for damages as a result of any breaches hereof, and (y) any Restructuring Support Party may disclose, to the extent expressly consented to in writing by a Consenting Creditor or DIP Lender, such Consenting LenderCreditor’s identity and individual holdings.

Disclosure; Publicity. The Debtors shall Company Parties shall, to the extent reasonably practicable and permitted by applicable law, regulation or legal or regulatory process or requirement, submit drafts to Stroock, as counsel to the Initial Consenting Lenders, Stakeholders of any press releases releases, public documents, and public documents any and all filings with the Bankruptcy Court, the Securities Exchange Commission, or otherwise that constitute disclosure of the existence or terms of this Agreement or any amendment to the terms of this Agreement at least two (2) Business Days forty-eight hours prior to making any such disclosure, and shall afford them a reasonable opportunity under the circumstances to comment on such documents and disclosures and shall incorporate consider any such reasonable comments in good faith; provided, that if the Requisite Consenting Lenders do not object to the form of such press release or public document or do not otherwise respond to such request for approval (including through counsel) within the two (2) Business Day period, the Requisite Consenting Lenders shall be deemed to have consented to the form of such press release or public document for purposes of this Section 25. Except as required by Law, no Restructuring Support Party or its advisors shall (a) use the name of any Consenting Lender in any public manner (including in any press release) with respect to this This Agreement, as well as its terms, its existence, and the Restructuring or existence of the negotiation of its terms are expressly subject to any existing confidentiality agreements executed by and among any of the Restructuring Documents or (b) disclose to any Person (including, for Parties as of the avoidance of doubt, any other Consenting Lender), other than advisors to the Debtors, the principal amount or percentage of any Claims and Interests held by any Consenting Lender, without such Consenting Lender’s prior written consentdate hereof; provided, however, that after the Petition Date, the Parties may disclose the existence of, or the terms of, this Agreement or any other material term of the Restructuring Transactions without the express written consent of the other Parties; provided, further, that (ia) before the Petition Date, if such disclosure is required by Lawlaw, subpoena, or other legal process or regulation, the disclosing Restructuring Support Party shall afford the relevant Consenting Lender Party a reasonable opportunity to review and comment in advance of such disclosure and shall take all reasonable measures to limit such disclosure (the expense of which, if any, shall be borne by the relevant disclosing Party) and (iib) the foregoing shall not prohibit the disclosure of the aggregate percentage or aggregate principal amount of Term Loan Claims and Interests held by all the Consenting LendersStakeholders collectively. Any public filing of this Agreement, with the Bankruptcy Court or otherwise, that includes executed signature pages to this Agreement shall include such signature pages in redacted form with respect to the amount of Term Loan Claims held by each Consenting Stakeholder and, if so requested, with respect to the specific name of each Consenting Stakeholder (provided that the signature pages may be filed in unredacted form with the Bankruptcy Court under seal). Notwithstanding the provisions in this Section 2513, (x) any Restructuring Support Party may disclose the identities of the Restructuring Support Parties in any action to enforce this Agreement or in any action for damages as a result of any breaches hereof, and (y) any Restructuring Support Party may disclose, to the extent expressly consented to in writing by a Consenting LenderStakeholder, such Consenting LenderStakeholder’s identity and individual holdings.

Disclosure; Publicity. The Debtors Company shall submit drafts to Stroock, as counsel to the Initial each Consenting Lenders, Creditors’ Counsel of any press releases and releases, public documents and any and all filings with the SEC that constitute disclosure of the existence or terms of this Agreement or any amendment to the terms of this Agreement at least two (2) Business Days business days prior to making any such disclosure, and shall afford them a reasonable opportunity under the circumstances to comment on such documents and disclosures and shall incorporate any such reasonable comments in good faith; provided, that if the Requisite Consenting Lenders do not object to the form of such press release or public document or do not otherwise respond to such request for approval (including through counsel) within the two (2) Business Day period, the Requisite Consenting Lenders shall be deemed to have consented to the form of such press release or public document for purposes of this Section 25. Except as required by Lawapplicable law or otherwise permitted under the terms of any other agreement between the Company and any Consenting Creditor, no Restructuring Support Party or its advisors shall (a) use the name of any Consenting Lender in any public manner (including in any press release) with respect to this Agreement, the Restructuring or any of the Restructuring Documents or (b) disclose to any Person person or entity (including, for the avoidance of doubt, any other Consenting LenderCreditor), other than advisors to the DebtorsCompany, the principal amount or percentage of any Claims and Interests Loans or Notes held by any Consenting LenderCreditor, in each case, without such Consenting LenderCreditor’s prior written consent; provided, however, provided that (ia) if such disclosure is required by Lawlaw, subpoena, or other legal process or regulation, and if legally permitted to do so, the disclosing Restructuring Support Party shall afford the relevant Consenting Lender Creditor a reasonable opportunity to review and comment in advance of such disclosure and shall take all reasonable measures to limit such disclosure and disclosure, (iib) the foregoing shall not prohibit the disclosure of the aggregate percentage or aggregate principal amount of Claims Loans, 6.75% Senior Notes and Interests 7.25% Senior Notes held by all the Consenting LendersCreditors collectively, and (c) any Party may disclose information requested by a regulatory authority with jurisdiction over its operations to such authority without limitation or notice to any Party or other person so long as the request for information by such authority does not reference the Consenting Creditors or this Agreement. Notwithstanding the provisions in this Section 259, (x) any Restructuring Support Party may disclose the identities of the Restructuring Support Parties in any action to enforce this Agreement or in any action for damages as a result of any breaches hereof, and (y) any Restructuring Support Party may disclose, to the extent expressly consented to in writing by a Consenting LenderCreditor, such Consenting LenderCreditor’s identity and individual holdings. Any public filing of this Agreement, with the Bankruptcy Court or otherwise, which includes executed signature pages to this Agreement shall include such signature pages only in redacted form with respect to the holdings of each Consenting Creditor (provided that the holdings disclosed in such signature pages may be filed in unredacted form with the Bankruptcy Court under seal).

Disclosure; Publicity. The Debtors Company shall submit drafts to Stroock, as counsel to the Initial Consenting Lenders, Creditor Counsel of any press releases and releases, public documents filings (including filings with the SEC), public announcements or communications with any news media or to the public generally, that constitute disclosure of the existence or terms of this Agreement (or any amendment to the terms of this Agreement Agreement) or the transactions contemplated hereby at least two (2) Business Days business days prior to making any such disclosuredisclosure for the review, consultation and shall afford them a reasonable opportunity under approval by the circumstances to comment on such documents Consenting Party Counsel. The Company and disclosures and shall incorporate any such reasonable comments in good faith; provided, that if the Requisite Consenting Lenders do not object to the form of such press release or public document or do not otherwise respond to such request for approval (including through counsel) within the two (2) Business Day period, the Requisite Consenting Lenders shall be deemed to have consented to the form of such press release or public document for purposes of this Section 25. Except as required by Law, no Restructuring Support Party or its advisors shall not (a) use the name of any Consenting Lender in Creditor, or other identifying information about any public manner (including Consenting Creditors, in any press release) , filing with respect to this Agreement, the Restructuring SEC or any other means of disclosure referenced in the Restructuring Documents or immediately preceding sentence without such Consenting Creditor’s prior written consent and (b) except as required by applicable law or otherwise permitted under the terms of any other agreement between the Company and any Consenting Creditor, disclose to any Person (including, for the avoidance of doubt, any other Consenting LenderParty), other than advisors to the DebtorsCompany, subject to any confidentiality agreement between the Company and any Consenting Creditor (including any confidentiality obligations under the Prepetition Term Loan Agreement), the principal amount or percentage of any Claims and or Interests held by any Consenting LenderCreditor or any of its respective subsidiaries or affiliates, in each case, without such Consenting LenderCreditor’s prior written consent, and the Company acknowledges and agrees that it may not disclose such information provided by a Consenting Creditor contained on Exhibit E of this Agreement or a Joinder Agreement (including the schedule thereto) with any other Consenting Creditor, and further agrees that it shall redact such information from the applicable exhibits or schedules before filing any pleading with the Court (provided, that the holdings disclosed may be filed in unredacted form with the Court under seal) and from “closing sets” or other representations of the fully executed Agreement or any Joinder Agreements; provided, however, that (i) if such disclosure is required by Lawlaw, subpoena, or other legal process or regulation, the disclosing Restructuring Support Party shall afford the relevant Consenting Lender Creditor a reasonable opportunity to review and comment in advance of such disclosure and shall take all reasonable measures to limit such disclosure and (ii) the foregoing shall not prohibit the disclosure of the aggregate percentage or aggregate principal amount of Claims and or Interests held by all the Consenting LendersCreditors, collectively, on a facility by facility basis. Notwithstanding the provisions in this Section 258, (x) any Restructuring Support Party may disclose the identities of the Restructuring Support Parties in any action to enforce this Agreement or in any action for damages as a result of any breaches hereof, and (y) any Restructuring Support Party may disclose, only to the extent expressly consented to in writing by a Consenting LenderCreditor, such Consenting LenderCreditor’s identity and individual holdings.

Disclosure; Publicity. On or before the Support Effective Date, the Company will retain Reputation Partners, LLC, as a public relations firm. The Debtors Company shall submit deliver drafts to Stroock, as counsel to the Initial Plan Sponsor’s Counsel and the Consenting Lenders, Creditor’s Counsel of any press releases and public documents that constitute disclosure of the existence or terms of this Agreement or any amendment to the terms of this Agreement to the general public (each, a “Public Disclosure”) at least two (2) Business Days prior to before making any such disclosuredisclosure (if practicable, and shall afford them a reasonable opportunity under the circumstances to comment on such documents and disclosures and shall incorporate any such reasonable comments in good faith; provided, that if the Requisite Consenting Lenders do not object to the form of such press release or public document or do not otherwise respond to such request for approval (including through counsel) within the two (2) Business Day periodDays is not practicable, then as soon as practicable before making such disclosure), and the Requisite Consenting Lenders Creditor’s Counsel and the Plan Sponsor’s Counsel shall be deemed authorized to have consented share such Public Disclosure with their respective clients. Any Public Disclosure shall be reasonably acceptable to the form Consenting Creditor and the Plan Sponsor. The Company shall use reasonable efforts to consult with the Consenting Creditor and the Plan Sponsor to formulate a plan for messaging with critical vendors, suppliers, installers, and other entities regarding the Restructuring Transactions and the impact of the Restructuring Transactions and the Chapter 11 Cases on such entities; provided, that any press release releases, correspondence, or public document for purposes of this Section 25communications materials issued by the Company (other than a claims agent) to such entities relating to ordinary course business operations shall be acceptable to the Consenting Creditor and the Plan Sponsor, each in its reasonable discretion. Except as required by Lawlaw or otherwise permitted under the terms of any other agreement between the Company and the Consenting Creditor, no Restructuring Support Party or its advisors shall (a) use the name of any Consenting Lender in any public manner (including in any press release) with respect to this Agreement, the Restructuring or any of the Restructuring Documents or (b) will disclose to any Person (including, for the avoidance of doubt, any other Consenting Lender)Person, other than advisors to the DebtorsWeil, the principal amount or percentage of any Claims and Interests CRB Claims, or any other securities of the Company held by any the Consenting Lender, Creditor without such the Consenting LenderCreditor’s prior written consent; provided, however, provided that (i) if such disclosure is required by Lawlaw, subpoena, or other legal process or regulation, to the extent permitted by applicable law, the disclosing Restructuring Support Party shall will afford the relevant Consenting Lender Creditor a reasonable opportunity to review and comment in advance of such disclosure and shall will take all reasonable measures to limit such disclosure and (ii) the foregoing shall not prohibit the disclosure of the aggregate percentage or aggregate principal amount of Claims and Interests held by the Consenting Lendersdisclosure. Notwithstanding the provisions in this Section 259, (x) any Restructuring Support Party may disclose the identities of the Restructuring Support Parties in any action to enforce this Agreement or in any action for damages as a result of any breaches hereof, and (y) any Restructuring Support Party may disclose, to the extent expressly if consented to in writing by a the Consenting LenderCreditor, such any Party hereto may disclose the Consenting LenderCreditor’s identity and individual holdings.

Disclosure; Publicity. The Debtors shall submit drafts to StroockCompany shall, as counsel on or before 8:30 a.m., New York City Time, on the day following execution of this Agreement, issue a press release, not in violation of any applicable securities laws, acceptable to the Initial Consenting LendersPurchasers disclosing all material terms of the transactions contemplated hereby. The Company shall, at least two Trading Days prior to the filing or dissemination of any disclosure required by this paragraph, provide a copy thereof to the Purchasers for their review. The Company and the Purchasers shall consult with each other in issuing any press releases or otherwise making public statements or filings and public documents that constitute disclosure of other communications with the existence or terms of this Agreement SEC or any amendment regulatory agency or Trading Market with respect to the terms of this Agreement at least two (2) Business Days prior to making any such disclosuretransactions contemplated hereby, and neither party shall afford them a reasonable opportunity under the circumstances to comment on such documents and disclosures and shall incorporate issue any such reasonable comments in good faith; provided, that if the Requisite Consenting Lenders do not object to the form of such press release or otherwise make any such public document statement, filing or do not otherwise respond to such request for approval (including through counsel) within other communication without the two (2) Business Day period, the Requisite Consenting Lenders shall be deemed to have consented to the form of such press release or public document for purposes of this Section 25. Except as required by Law, no Restructuring Support Party or its advisors shall (a) use the name of any Consenting Lender in any public manner (including in any press release) with respect to this Agreement, the Restructuring or any prior consent of the Restructuring Documents or (b) disclose to any Person (includingother, for the avoidance of doubt, any other Consenting Lender), other than advisors to the Debtors, the principal amount or percentage of any Claims and Interests held by any Consenting Lender, without such Consenting Lender’s prior written consent; provided, however, that (i) except if such disclosure is required by Lawlaw, in which case the disclosing Restructuring Support Party party shall afford promptly provide the relevant Consenting Lender a reasonable opportunity to review and comment in advance other party with prior notice of such disclosure and shall take all reasonable measures to limit such disclosure and (ii) the foregoing shall not prohibit the disclosure of the aggregate percentage public statement, filing or aggregate principal amount of Claims and Interests held by the Consenting Lendersother communication. Notwithstanding the provisions in this Section 25foregoing, (x) any Restructuring Support Party may the Company shall not publicly disclose the identities name of any Purchaser, or include the Restructuring Support Parties name of any Purchaser in any action to enforce this Agreement press release, filing with the SEC or in any action for damages as a result regulatory agency or Trading Market, without the prior written consent of any breaches hereofsuch Purchaser, and (y) any Restructuring Support Party may disclose, except to the extent expressly consented such disclosure (but not any disclosure as to the controlling Persons thereof) is required by law or Trading Market regulations, in writing which case the Company shall provide the Purchasers with prior notice of such disclosure. The Company shall not, and shall cause each of its Subsidiaries and its and each of their respective officers, directors, employees and agents not to, provide any Purchaser with any material nonpublic information regarding the Company or any of its Subsidiaries from and after the date hereof without the express written consent of such Purchaser. In the event of a breach of the foregoing covenant by the Company, any of its Subsidiaries, or any of its or their respective officers, directors, employees and agents, in addition to any other remedy provided herein or in the Transaction Documents, a Consenting LenderPurchaser shall have the right to make a public disclosure, in the form of a press release, public advertisement or otherwise, of such Consenting Lender’s identity and individual holdings.material nonpublic information without the prior approval by the Company, its Subsidiaries, or any of its or their respective officers, directors, employees or agents. No Purchaser shall have any liability to the Company, its Subsidiaries, or any of its or their respective officers, directors, employees, stockholders or agents for any such disclosure. Each Purchaser hereby agrees not to knowingly request any information from the Company, its directors, officers, employees or agents which such purchaser should reasonably know is material non-public information. Subject to the foregoing, neither the Company nor any Purchaser shall issue any press releases or any other public statements with respect to the transactions contemplated hereby. Each press release disseminated during the 12 months preceding the date of this Agreement did not at the time of release contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary in order to make the statements therein, in the light of the circumstances under which they are made, not misleading

Disclosure; Publicity. (a) On or before the Petition Date, the Company shall disseminate a press release, and make such filings as may be necessary and/or required by the SEC, disclosing the existence of this Agreement and the terms hereof and of the Plan (including any schedules and exhibits thereto that are filed with the Bankruptcy Court on the Petition Date) with such redactions as may be reasonably requested by counsel to any Consenting Lender to maintain the confidentiality of the parties provided in Section 9(b), except as otherwise required by law. (b) The Debtors Company shall submit drafts to Stroock, as counsel to the Initial Consenting Lenders, Lenders of any press releases and public documents documents, that constitute disclosure of the existence or terms of this Agreement or any amendment to the terms of this Agreement at least two three (23) Business Days calendar days prior to making any such disclosure, and shall afford them a reasonable opportunity under the circumstances to comment on such documents and disclosures and disclosures, final versions of which shall incorporate any such reasonable comments in good faith; provided, that if the Requisite Consenting Lenders do not object be reasonably satisfactory to the form of such press release or public document or do not otherwise respond to such request for approval (including through counsel) within the two (2) Business Day period, the Requisite Consenting Lenders shall be deemed to have consented to the form of such press release or public document for purposes of this Section 25Lenders. Except as required by Lawlaw or otherwise permitted under the terms of any other agreement between the Company on the one hand, and any Consenting Lender, on the other hand, no Restructuring Support Party or its advisors shall (a) use the name of any Consenting Lender in any public manner (including in counsel to any press releaseParty) with respect to this Agreement, the Restructuring or any of the Restructuring Documents or (b) shall disclose to any Person person or entity (including, for the avoidance of doubt, any other Consenting Lender), other than advisors to the DebtorsCompany, the principal amount or percentage of any Lender Claims and Interests or any other securities of the Company held by any Consenting LenderParty, in each case, without such Consenting Lender’s Party's prior written consent; provided, however, that (i) if such disclosure is required by Lawlaw, subpoena, or other legal process or regulation, the disclosing Restructuring Support Party shall afford the relevant Consenting Lender Party a reasonable opportunity to review and comment in advance of such disclosure and shall take all reasonable measures to limit such disclosure (the expense of which, if any, shall be borne by the relevant disclosing Party) and (ii) the foregoing shall not prohibit the disclosure of the aggregate percentage or aggregate principal amount of Lender Claims and Interests held by the all Consenting Lenders. Notwithstanding the provisions in this Section 259, (x) any Restructuring Support Party may disclose the identities of the Restructuring Support Parties in any action to enforce this Agreement or in any action for damages as a result of any breaches hereof, and (y) any Restructuring Support Party may disclose, to the extent expressly consented to in writing by a duly authorized officer or representative of the affected Consenting Lender, such Consenting Lender’s identity and Xxxxxx's individual holdings. 10.

Disclosure; Publicity. The Debtors Memorial Parties shall submit drafts to Stroock, as counsel to the Initial Consenting Lenders, Xxxxx Xxxx of any press releases releases, public documents, and public documents that constitute disclosure of any and all filings with the existence or terms of SEC regarding this Plan Support Agreement or any amendment to of the terms of this Agreement transactions contemplated hereunder at least two (2) Business Days prior to business days before making any such disclosure, and shall afford them a reasonable opportunity under the circumstances to comment on such documents and disclosures and shall incorporate any such reasonable comments in good faith; provided, that if the Requisite Consenting Lenders do not object to the form of such press release or public document or do not otherwise respond to such request for approval (including through counsel) within the two (2) Business Day period, the Requisite Consenting Lenders shall be deemed to have consented to the form of such press release or public document for purposes of this Section 25. Except as required by Lawapplicable law or otherwise permitted under the terms of any other agreement between any Memorial Party and any Consenting Noteholder, no Restructuring Support Party or its advisors shall (a) use the name of any Consenting Lender in any public manner (including in any press release) with respect to this Agreement, the Restructuring or any of the Restructuring Documents or (b) disclose to any Person person or entity (including, for the avoidance of doubt, any other Consenting LenderNoteholder), other than advisors to the DebtorsMemorial Parties, the principal amount or percentage of any Claims and Interests Unsecured Notes held by any Consenting LenderNoteholder, in each case, without such Consenting LenderNoteholder’s prior written consent; provided, however, provided that (ia) if such disclosure is required by Lawlaw, subpoena or other legal process or regulation, the disclosing Restructuring Support Party shall afford the relevant Consenting Lender Noteholder a reasonable opportunity to review and comment in advance of before such disclosure and shall take all reasonable measures to limit such disclosure and disclosure, (iib) the foregoing shall not prohibit the disclosure of the aggregate percentage or aggregate principal amount of Claims and Interests 6.875% Senior Unsecured Notes or 7.625% Senior Unsecured Notes held by the all Consenting LendersNoteholders collectively and (c) any Party may disclose information requested by a regulatory authority with jurisdiction over its operations to such authority without limitation or notice to any Party or other person or entity. Notwithstanding the provisions in this Section 259, (x) any Restructuring Support Party may disclose the identities of the Restructuring Support Parties in any action to enforce this Agreement or in any action for damages as a result of any breaches hereof, and (y) any Restructuring Support Party may disclose, to the extent expressly consented to in writing by a Consenting LenderNoteholder, such Consenting LenderNoteholder’s identity and individual holdings. Any public filing of this Plan Support Agreement, with the Bankruptcy Court or otherwise, which includes executed signature pages to this Plan Support Agreement shall include such signature pages only in redacted form with respect to the holdings of each Consenting Noteholder (provided that the holdings disclosed in such signature pages may be filed in unredacted form with the Bankruptcy Court under seal).

Disclosure; Publicity. The Debtors Unless otherwise required by Law, the Company Parties shall submit drafts to Stroock, as counsel to the Initial Consenting Lenders, Senior Secured Creditor Advisors of any press releases and public documents that constitute disclosure of the existence or terms of this Agreement or any amendment to the terms of this Agreement at least two (2) Business Days prior to making any such disclosure, and shall afford them the Senior Secured Creditor Advisors a reasonable opportunity under the circumstances to comment on such documents and disclosures and shall incorporate any such reasonable comments in good faith; provided, that if the Requisite Consenting Lenders do not object to the form of such press release or public document or do not otherwise respond to such request for approval (including through counsel) within the two (2) Business Day period, the Requisite Consenting Lenders shall be deemed to have consented to the form of such press release or public document for purposes of this Section 25. Except as required by Law, no Restructuring Support Party or its advisors shall (a) use the name of any Consenting Lender Stakeholders in any public manner (including in any press release) with respect to this Agreement, the Restructuring Transactions, or any of the Restructuring Definitive Documents or (b) disclose to any Person Entity (including, for the avoidance of doubt, any other Consenting LenderStakeholder), other than advisors to the DebtorsCompany Parties, the principal amount or percentage of any Claims and Company Claims/Interests held by any Consenting Lender, Stakeholders without such Consenting LenderStakeholder’s prior written consentconsent (it being understood and agreed that each Consenting Stakeholder’s signature page to this Agreement shall be redacted to remove the name of such Consenting Stakeholders and the amount and/or percentage of Company Claims/Interests held by such Consenting Stakeholder to the extent this Agreement is filed on the docket maintained in the Chapter 11 Cases or otherwise made publicly available); provided, however, that (ix) if such disclosure is required by Law, and to the extent reasonably practicable and not otherwise prohibited by Law, the disclosing Restructuring Support Party shall afford the relevant Consenting Lender Stakeholder a reasonable opportunity to review and comment in advance of such disclosure and such Party shall take all reasonable measures to limit such disclosure and (iiy) the foregoing shall not prohibit the disclosure of the aggregate percentage or aggregate principal amount of Claims and Company Claims/Interests held by the Consenting LendersStakeholders of the same class, collectively. Notwithstanding the provisions in this Section 2516.21, (x1) any Restructuring Support Party may disclose the identities of the Restructuring Support other Parties in any action to enforce this Agreement or in any action for damages as a result of any breaches hereof, hereof and (y2) any Restructuring Support Party may disclose, to the extent expressly consented to in writing in advance by a Consenting LenderStakeholder, such Consenting LenderStakeholder’s identity and individual holdings.

Disclosure; Publicity. The Debtors Xxxxx shall submit drafts to Stroock, as the legal counsel of the Consenting Creditors of any announcement of a material event on form 8-K to be filed with the Initial Consenting Lenders, of SEC or any press releases and public documents that constitute disclosure of the existence or terms of this Agreement or any amendment to the terms of this Agreement at least two three (23) Business Days prior to making any such disclosure, and shall afford them a reasonable opportunity under the circumstances to comment on such documents and disclosures and shall incorporate any such reasonable comments in good faith; provided, that if the Requisite Consenting Lenders do not object to the form of such press release or public document or do not otherwise respond to such request for approval (including through counsel) within the two (2) Business Day period, the Requisite Consenting Lenders shall be deemed to have consented to the form of such press release or public document for purposes of this Section 25. Except as required by Lawlaw or regulation or by any governmental or regulatory (including self-regulatory) authority, no Restructuring Support Party or its advisors the individuals Company Parties shall not (ai) use or disclose to any person the name of any Consenting Lender in any public manner (Creditor, including in any press release) with respect to this Agreement, the Restructuring or any of the Restructuring Documents or (bii) disclose to any Person (including, for the avoidance of doubt, any other Consenting Lender)person, other than advisors the Company Parties’ directors, officers, employees and legal, accounting and financial, and any person the Company Parties determine who need to the Debtorsknow such information to perform their duties, the principal amount or percentage of any Claims and Interests First Lien Credit Agreement Loans or Second Lien Credit Agreement Loans held by any Consenting LenderCreditor or holder of Second Lien Credit Agreement Loans, in each case, without such Consenting LenderCreditor’s prior written or holder of Second Lien Credit Agreement Loans consent; provided, however, that (i) if such disclosure is required by Law, the disclosing Restructuring Support Party shall afford the relevant Consenting Lender a reasonable opportunity to review and comment in advance of such disclosure and shall take all reasonable measures to limit such disclosure and (ii) the foregoing shall not prohibit the disclosure at any time of the aggregate amount of, and aggregate percentage of, First Lien Credit Agreement Loans and Second Lien Credit Agreement Loans, respectively, held by the First Lien Credit Agreement Lenders and the Second Lien Credit Agreement Lenders, respectively. The Parties hereby consent to the disclosure by Xxxxx in the Definitive Documents, or in any motion or other pleading seeking approval of any aspect of the Restructuring Transactions, or as otherwise required by law or regulation or by Jason’s existing financing agreements, of the execution, terms and contents of this Agreement and the aggregate principal amount of Claims of, and aggregate percentage of, the First Lien Credit Agreement Loans, Second Lien Credit Agreement Loans and Interests held by such and Second Lien Credit Agreement Loans, respectively, held by the Consenting First Lien Credit Agreement Lenders and the Second Lien Credit Agreement Lenders. Notwithstanding the provisions in this Section 25, (x) any Restructuring Support Party may disclose the identities of the Restructuring Support Parties in any action to enforce this Agreement or in any action for damages as a result of any breaches hereof, and (y) any Restructuring Support Party may disclose, to the extent expressly consented to in writing by a Consenting Lender, such Consenting Lender’s identity and individual holdingsrespectively.

Disclosure; Publicity. The Debtors shall submit drafts to Stroock, as counsel to the Initial Consenting Lenders, Stakeholders’ Counsel of any press releases and public documents any and all filings with the U.S. Securities and Exchange Commission that constitute disclosure of the existence or terms of this Agreement or any amendment to the terms of this Agreement or that otherwise reference the Restructuring at least two (2) Business Days prior to making any such disclosure to the extent reasonably practicable. Subject to the Debtors’ submission of such drafts to the Consenting Stakeholders’ Counsel at least two (2) Business Days prior to making any such disclosure, and shall afford them a reasonable opportunity under the circumstances to comment on such documents and disclosures and shall incorporate any such reasonable comments in good faith; provided, that if the Requisite Consenting Lenders do not object to the form of such press release or public document or do not otherwise respond to such request for approval no later than one (including through counsel) within the two (21) Business Day periodprior to the publication of any such press releases or filings, the Requisite Consenting Lenders Stakeholders’ Counsel shall provide comments (if any) to the Debtors with respect thereto, which shall be deemed to have consented incorporated such that any such press releases or filings will be in a form acceptable to the form of such press release or public document for purposes of this Section 25Consenting Stakeholders in their reasonable discretion. Except as required by Lawapplicable law, and notwithstanding any provision of any other agreement between the Debtors and such Consenting Stakeholder to the contrary, no Restructuring Support Party or its advisors shall (a) use the name of any Consenting Lender in any public manner (including in any press release) with respect to this Agreement, the Restructuring or any of the Restructuring Documents or (b) disclose to any Person (including, for the avoidance of doubt, any other Consenting LenderStakeholder), other than advisors to Xxxx, Xxxxx and the DebtorsConsenting Stakeholders’ Counsel, the principal amount or percentage of any Debtor Claims and and/or Interests held by any Consenting Lender, Stakeholder without such Consenting LenderStakeholder’s prior written consent; provided, however, that (i) if such disclosure is required by Lawlaw, subpoena, or other legal process or regulation, the disclosing Restructuring Support Party shall shall, to the extent permitted by law, afford the relevant Consenting Lender Stakeholder a reasonable opportunity to review and comment in advance of such disclosure and shall take all commercially reasonable measures to limit such disclosure (the expense of which, if any, shall be borne by the relevant Consenting Stakeholder) and (ii) the foregoing shall not prohibit the disclosure of the aggregate percentage or aggregate principal amount of Claims and Interests (a) Senior Notes collectively held by the Consenting Noteholders and (b) RCF Claims collectively held by the Consenting RCF Lenders. Notwithstanding the provisions in this Section 2510, (x) any Restructuring Support Party may disclose the identities of the Restructuring Support Parties in any action to enforce this Agreement or in any action for damages as a result of any breaches hereof, and (y) any Restructuring Support Party may disclose, to the extent expressly consented to in writing by a Consenting LenderStakeholder, such Consenting LenderStakeholder’s identity and individual holdings. For the avoidance of doubt, when attaching a copy of this Agreement to any press release or public filing in accordance with this Section 10, the Debtors will redact any reference to any Consenting Stakeholder’s holdings information, including the signature pages hereto. Notwithstanding anything to the contrary herein, nothing in this Section 10 shall prevent the Debtors from complying with all applicable securities laws.

Disclosure; Publicity. The Debtors Company shall submit drafts to Stroock, as counsel to the Initial each Consenting Lenders, Creditors’ Counsel of any press releases and releases, public documents and any and all filings with the SEC that constitute disclosure of the existence or terms of this Agreement or any amendment to the terms of this Agreement at least two (2) Business Days business days prior to making any such disclosure, and shall afford them a reasonable opportunity under the circumstances to comment on such documents and disclosures and shall incorporate any such reasonable comments in good faith; provided, that if the Requisite Consenting Lenders do not object to the form of such press release or public document or do not otherwise respond to such request for approval (including through counsel) within the two (2) Business Day period, the Requisite Consenting Lenders shall be deemed to have consented to the form of such press release or public document for purposes of this Section 25. Except as required by Lawapplicable law or otherwise permitted under the terms of any other agreement between the Company and any Consenting Creditor, no Restructuring Support Party or its advisors shall (a) use the name of any Consenting Lender in any public manner (including in any press release) with respect to this Agreement, the Restructuring or any of the Restructuring Documents or (b) disclose to any Person (including, for the avoidance of doubt, any other Consenting LenderCreditor), other than advisors to the DebtorsCompany, the principal amount or percentage of any Claims and Interests Loans or Notes held by any Consenting LenderCreditor, in each case, without such Consenting LenderCreditor’s prior written consent; provided, however, provided that (ia) if such disclosure is required by Lawlaw, subpoena, or other legal process or regulation, the disclosing Restructuring Support Party shall afford the relevant Consenting Lender Creditor a reasonable opportunity to review and comment in advance of such disclosure and shall take all reasonable measures to limit such disclosure and disclosure, (iib) the foregoing shall not prohibit the disclosure of the aggregate percentage or aggregate principal amount of Claims and Interests the Term Loan or the Notes held by all the Consenting LendersCreditors collectively, and (c) any Party may disclose information requested by a regulatory authority with jurisdiction over its operations to such authority without limitation or notice to any Party or other Person. Notwithstanding the provisions in this Section 259, (x) any Restructuring Support Party may disclose the identities of the Restructuring Support Parties in any action to enforce this Agreement or in any action for damages as a result of any breaches hereof, and (y) any Restructuring Support Party may disclose, to the extent expressly consented to in writing by a Consenting LenderCreditor, such Consenting LenderCreditor’s identity and individual holdings. Any public filing of this Agreement, with the Bankruptcy Court or otherwise, which includes executed signature pages to this Agreement shall include such signature pages only in redacted form with respect to the holdings of each Consenting Creditor (provided that the holdings disclosed in such signature pages may be filed in unredacted form with the Bankruptcy Court under seal).

Disclosure; Publicity. The Debtors Company shall submit deliver drafts to Stroock, as counsel to the Initial Consenting Lenders, Creditor Counsel of any press releases and public documents that constitute disclosure of the existence or terms of the Restructuring, this Agreement or any amendment to the terms of the Restructuring or this Agreement at least two thirty-six (236) Business Days hours prior to making any such disclosure, and shall afford them a reasonable opportunity ; provided that if delivery of such document is not reasonably practicable under the circumstances to comment on such documents and disclosures and shall incorporate any such reasonable comments in good faith; provided, that if the Requisite Consenting Lenders do not object to the form of such press release or public document or do not otherwise respond to such request for approval (including through counsel) within the two (2) Business Day period, the Requisite Consenting Lenders drafts shall be deemed to have consented to the form of such press release or public document for purposes of this Section 25delivered as soon as otherwise practicable. Except as required by Lawapplicable law or otherwise permitted under the terms of any other agreement between the Company and any Consenting Creditor, no Restructuring Support Party or its advisors shall (a) use the name of any Consenting Lender in any public manner (including in any press release) with respect to this Agreement, the Restructuring or any of the Restructuring Documents or (b) disclose to any Person person (including, for the avoidance of doubt, any other Consenting LenderParty), other than advisors to the DebtorsCompany, the principal amount or percentage of any Indebtedness or any other Claims and against, or Interests in, the Company held by any Consenting LenderCreditor, in each case, without such Consenting LenderCreditor’s prior written consent; provided, however, that (i) if such disclosure is required by Lawlaw, subpoena, or other legal process or regulation, the disclosing Restructuring Support Party shall afford the relevant Consenting Lender Creditor a reasonable opportunity to review and comment in advance of such disclosure and shall take all reasonable measures to limit such disclosure and (ii) the foregoing shall not prohibit the disclosure of the aggregate percentage or aggregate principal amount of Claims and Interests First Lien Indebtedness or Priority Term Loan Indebtedness held by all the Consenting LendersCreditors, collectively, on a facility by facility basis. Notwithstanding Any public filing of this Agreement, with the provisions in this Section 25Bankruptcy Court or otherwise, (x) and any Restructuring Support Party may disclose the identities version of the Restructuring Support Parties in any action to enforce this Agreement shared with Consenting Creditors generally shall omit the Indebtedness holdings of each individual Consenting Creditor as set forth on such Consenting Creditor’s signature page hereto or shall include such signature page only in any action for damages as a result of any breaches hereof, and (y) any Restructuring Support Party may disclose, redacted form with respect to the extent expressly consented to Indebtedness holdings of each Consenting Creditor (provided that the Indebtedness holdings on such signature page(s) may be filed in writing by a Consenting Lender, such Consenting Lender’s identity and individual holdingsunredacted form with the Bankruptcy Court under seal).

Disclosure; Publicity. The Debtors Company shall submit drafts to Stroock, as counsel to the Initial Consenting Lenders, ’ Counsel of any press releases and releases, public documents and any and all filings with the SEC that constitute disclosure of the existence or terms of this Agreement or any amendment to the terms of this Agreement at least two (2) Business Days days prior to making any such disclosure, and shall afford them a reasonable opportunity under the circumstances to comment on such documents and disclosures and shall incorporate any such reasonable comments in good faith; provided, that if the Requisite Consenting Lenders do not object to the form of such press release or public document or do not otherwise respond to such request for approval (including through counsel) within the two (2) Business Day period, the Requisite Consenting Lenders shall be deemed to have consented to the form of such press release or public document for purposes of this Section 25. Except as required by Lawapplicable law or otherwise permitted under the terms of any other agreement between the Company and any Consenting Lender, no Restructuring Support Party or its advisors shall (a) use the name of any Consenting Lender in any public manner (including in any press release) with respect to this Agreement, the Restructuring or any of the Restructuring Documents or (b) disclose to any Person person or entity (including, for the avoidance of doubt, any other Consenting Lender), other than advisors to the DebtorsCompany, the principal amount or percentage of any Claims and Interests Loans held by any Consenting Lender, in each case, without such Consenting Lender’s prior written consent; provided, however, provided that (ia) if such disclosure is required by Lawlaw, subpoena, or other legal process or regulation, the disclosing Restructuring Support Party shall afford the relevant Consenting Lender a reasonable opportunity to review and comment in advance of such disclosure and shall take all reasonable measures to limit such disclosure and disclosure, (iib) the foregoing shall not prohibit the disclosure of the aggregate percentage or aggregate principal amount of Claims and Interests Loans held by all the Consenting LendersLenders collectively and (c) any Party may disclose information requested by a regulatory authority with jurisdiction over its operations to such authority without limitation or notice to any Party or other person. Notwithstanding the provisions in this Section 259, (x) any Restructuring Support Party may disclose the identities of the Restructuring Support Parties in any action to enforce this Agreement or in any action for damages as a result of any breaches hereof, and (y) any Restructuring Support Party may disclose, to the extent expressly consented to in writing by a Consenting Lender, such Consenting Lender’s identity and individual holdings. Any public filing of this Agreement, with the Bankruptcy Court or otherwise, which includes executed signature pages to this Agreement shall include such signature pages only in redacted form with respect to the holdings of each Consenting Lender (provided that the holdings disclosed in such signature pages may be filed in unredacted form with the Bankruptcy Court under seal).

Disclosure; Publicity. The Debtors Company shall submit drafts to Stroock, as counsel to the Initial each Consenting Lenders, Creditors’ Counsel of any press releases and releases, public documents and any and all filings with the SEC that constitute disclosure of the existence or terms of this Agreement or any amendment to the terms of this Agreement at least two (2) Business Days business days prior to making any such disclosure, and shall afford them a reasonable opportunity under the circumstances to comment on such documents and disclosures and shall incorporate any such reasonable comments in good faith; provided, that if the Requisite Consenting Lenders do not object to the form of such press release or public document or do not otherwise respond to such request for approval (including through counsel) within the two (2) Business Day period, the Requisite Consenting Lenders shall be deemed to have consented to the form of such press release or public document for purposes of this Section 25. Except as required by Lawapplicable law or otherwise permitted under the terms of any other agreement between the Company and any Consenting Creditor, no Restructuring Support Party or its advisors shall (a) use the name of any Consenting Lender in any public manner (including in any press release) with respect to this Agreement, the Restructuring or any of the Restructuring Documents or (b) disclose to any Person person or entity (including, for the avoidance of doubt, any other Consenting LenderCreditor), other than advisors to the DebtorsCompany, the principal amount or percentage of any Claims and Interests Notes held by any Consenting LenderCreditor, in each case, without such Consenting LenderCreditor’s prior written consent; provided, however, provided that (ia) if such disclosure is required by Lawlaw, subpoena, or other legal process or regulation, the disclosing Restructuring Support Party shall afford the relevant Consenting Lender Creditor a reasonable opportunity to review and comment in advance of such disclosure and shall take all reasonable measures to limit such disclosure and (iithe expense of which, if any, shall be borne by the Company), (b) the foregoing shall not prohibit the disclosure of the aggregate percentage or aggregate principal amount of Claims and Interests Notes (including any series of Notes) held by all the Consenting LendersCreditors collectively and (c) any Party may disclose information requested by a regulatory authority with jurisdiction over its operations to such authority without limitation or notice to any Party or other person. Notwithstanding the provisions in this Section 259, (x) any Restructuring Support Party may disclose the identities of the Restructuring Support Parties in any action to enforce this Agreement or in any action for damages as a result of any breaches hereof, and (y) any Restructuring Support Party may disclose, to the extent expressly consented to in writing by a Consenting LenderCreditor, such Consenting LenderCreditor’s identity and individual holdings. Any public filing of this Agreement, with the Bankruptcy Court or otherwise, which includes executed signature pages to this Agreement shall include such signature pages only in redacted form with respect to the holdings of each Consenting Creditor (provided, that the holdings disclosed in such signature pages may be filed in unredacted form with the Bankruptcy Court under seal).

Disclosure; Publicity. (a) Not later than two business days after commencement of the Chapter 11 Cases, subject to the provisions set forth in Section 22(b) hereof, the Debtors shall either file with the Securities and Exchange Commission a Report on Form 8-K or disseminate a press release disclosing the existence of this Agreement and the terms hereof (including the schedules and exhibits hereto), with such redactions as may be requested by any Participating Noteholder’s counsel solely with respect to maintaining the confidentiality of the items identified in Section 22(b) hereof, except as otherwise required by law. In the event that the Debtors fail, in the reasonable judgment of a Participating Noteholder, to make the foregoing disclosures in compliance with the terms specified herein, any such Participating Noteholder may publicly disclose the foregoing, including, without limitation, this Agreement and all of its exhibits and schedules (subject to the redactions called for by Section 13 hereof), and the Company hereby waives any claims against the Consenting Holders arising as a result of such disclosure by a Consenting Holder; provided that such disclosure fully complies with this Agreement and any other applicable agreement among the parties. (b) The Debtors shall will submit drafts to Stroock, as counsel to the Initial Consenting Lenders, Ad Hoc Group Advisors of any press releases and public documents that constitute disclosure of the existence or terms of this Agreement or any amendment to the terms of this Agreement at least two one (21) Business Days business day prior to making any such disclosure, and shall afford them a reasonable opportunity under the circumstances to comment on such documents and disclosures and shall incorporate any such reasonable comments in good faith; provided, that if the Requisite Consenting Lenders do not object to the form of such press release or public document or do not otherwise respond to such request for approval (including through counsel) within the two (2) Business Day period, the Requisite Consenting Lenders shall be deemed to have consented to the form of such press release or public document for purposes of this Section 25disclosures. Except as required by Lawlaw or otherwise permitted under the terms of any other agreement between the Debtors and any Participating Noteholder, no Restructuring Support Party party or its advisors shall (ai) use the name of any Consenting Lender Participating Noteholder in any public manner (including in any press release) with respect to this Agreement, the Restructuring or any of the Restructuring Documents or (bii) disclose to any Person person (including, for the avoidance of doubt, any other Consenting LenderParticipating Noteholder), other than advisors to the Debtors, the principal amount or percentage of any Claims and Interests Notes or any other securities of the Debtors held by any Consenting LenderParticipating Noteholder, in each case, without such Consenting LenderParticipating Noteholder’s prior written consent; provided, however, that (i) if such disclosure is required by Lawlaw or regulation, the disclosing Restructuring Support Party party shall use reasonable best efforts to afford the relevant Consenting Lender Participating Noteholder a reasonable opportunity to review and comment in advance of such disclosure and shall take all reasonable measures to limit such disclosure and (ii) the foregoing shall not prohibit the disclosure of the aggregate percentage or aggregate principal amount of Claims and Interests held by the Consenting Lenders. Notwithstanding the provisions in this Section 25, (x) any Restructuring Support Party may disclose the identities of the Restructuring Support Parties in any action to enforce this Agreement or in any action for damages as a result of any breaches hereof, and (y) any Restructuring Support Party may disclose, to the extent expressly consented to in writing by a Consenting Lender, such Consenting Lender’s identity and individual holdings.aggregate

Disclosure; Publicity. The Debtors Company Parties shall submit drafts to Stroock, as counsel to the Initial Consenting LendersStakeholders, respectively, of any press releases and release or other public documents statements that constitute disclosure of the existence or terms of this Agreement or any amendment to the terms of this Agreement or otherwise announcing the Transaction or relating to the Transaction at least two (2) Business Days business days prior to making any such disclosure, and shall afford them a reasonable opportunity under the circumstances or if such submission two business days prior to comment on such documents and disclosures and shall incorporate any such reasonable comments in good faith; provideddisclosure is not possible, that if the Requisite Consenting Lenders do not object as soon as reasonably practicable prior to the form of such press release or public document or do not otherwise respond to such request for approval (including through counsel) within the two (2) Business Day period, the Requisite Consenting Lenders shall be deemed to have consented to the form of such press release or public document for purposes of this Section 25disclosure. Except as required by Lawapplicable law, subpoena, or other legal process or regulation, and notwithstanding any provision of any other agreement between the Company and any Consenting Stakeholder to the contrary (other than in the Credit Agreement), no Restructuring Support Party or its advisors shall (a) use the name of any Consenting Lender in any public manner (including in any press release) with respect to this Agreement, the Restructuring or any of the Restructuring Documents or (b) disclose to any Person person (including, for the avoidance of doubt, any other Consenting LenderStakeholder), other than advisors to the DebtorsCompany, the principal amount or percentage of any Claims and Interests held by debt or equity holdings of any Consenting Lender, Stakeholder without such Consenting LenderStakeholder’s prior written consent; provided, however, that (ia) if such disclosure is required by Lawlaw, subpoena, or other legal process or regulation, the disclosing Restructuring Support Party shall shall, to the extent permitted by law, afford the relevant Consenting Lender Stakeholder a reasonable opportunity to review and comment in advance of such disclosure and shall take all commercially reasonable measures to limit such disclosure and (iithe expense of which, if any, shall be borne by the relevant Consenting Stakeholder), (b) the foregoing shall not prohibit the disclosure of the aggregate percentage or aggregate principal amount of Claims and Interests indebtedness or equity securities, as applicable, collectively held by the Consenting LendersStakeholders, (c) nothing in this Section 11 shall constitute a waiver or modification of any provision of those certain Confidentiality Agreements entered into between the Company and each Consenting Preferred Equityholder, and (d) nothing in this Section 11 shall prohibit any disclosures by HPS, Barclays or the Administrative Agent to any person to the extent such disclosure is permitted by the Credit Agreement, the Agreement Among Lenders or any other Loan Document. Notwithstanding the provisions in this Section 2511, (x) any Restructuring Support Party may disclose the identities of the Restructuring Support Parties in any action to enforce this Agreement or in any action for damages as a result of any breaches hereof, and (y) any Restructuring Support Party may disclose, to the extent expressly consented to in writing by a Consenting LenderStakeholder, such Consenting LenderStakeholder’s identity and individual holdings.

Disclosure; Publicity. The Debtors Debtor shall submit drafts to Stroock, as counsel to the Initial Consenting Lenders, Supporting Parties of any press releases and public documents that constitute disclosure of the existence or terms of this Agreement or any amendment to the terms of this Agreement at least two (2) Business Days prior to making any such disclosure, and shall afford them a reasonable opportunity under the circumstances to comment on such documents and disclosures disclosures, and shall incorporate any such reasonable comments in good faith; provided, that if the Requisite Consenting Lenders do not object to the form of such press release or public document or do not otherwise respond to such request for approval (including through counsel) within the two (2) Business Day period, the Requisite Consenting Lenders shall be deemed to have consented to the form of such press release or public document for purposes of this Section 25. Except as required by Law, no Restructuring Support Party or its advisors shall (a) use the name of any Consenting Lender Supporting Party in any public manner (including in any press release) with respect to this Agreement, the Restructuring Transactions, or any of the Restructuring Definitive Documents or (b) disclose to any Person (including, for the avoidance of doubt, any other Consenting LenderSupporting Creditor), other than advisors to the DebtorsDebtor, the principal amount or percentage of any Claims and Interests held by any Consenting Lender, Supporting Creditor or the specific legal entity name of any Supporting Creditor without such Consenting LenderSupporting Creditor’s prior written consentconsent (it being understood and agreed that each Supporting Creditor’s signature page to this Agreement shall be redacted to remove the name of such Supporting Creditor and the amount and/or percentage of Claims held by such Supporting Creditor to the extent this Agreement is filed on the docket maintained in the Chapter 11 Cases or otherwise made publicly available); provided, however, provided that (ix) if such disclosure is required by Law, and to the extent reasonably practicable and not otherwise prohibited by Law, the disclosing Restructuring Support Party shall afford the relevant Consenting Lender Supporting Creditor a reasonable opportunity to review and comment in advance of such disclosure and such Party shall take all reasonable measures to limit such disclosure and (iiy) the foregoing shall not prohibit the disclosure of the aggregate percentage or aggregate principal amount of Claims and Interests held by the Consenting LendersSupporting Creditors of the same class, collectively. Notwithstanding the provisions in this Section 2512.23, (x1) any Restructuring Support Party may disclose the identities of the Restructuring Support other Parties in any action to enforce this Agreement or in any action for damages as a result of any breaches hereof, hereof and (y2) any Restructuring Support Party may disclose, to the extent expressly consented to in writing in advance by a Consenting LenderSupporting Creditor, such Consenting LenderSupporting Creditor’s identity and individual holdings.. [Signature pages follow]

Disclosure; Publicity. The Debtors Company Parties shall submit drafts to Stroock, as counsel to the Initial Consenting Lenders, Stakeholders of any press releases and public documents that constitute disclosure of the existence or terms of this Agreement or any amendment to the terms of this Agreement at least two (2) Business Days prior to making any such disclosure, and shall afford them a reasonable opportunity under the circumstances to comment on such documents and disclosures and shall incorporate any such reasonable comments in good faith; provided, that if the Requisite Consenting Lenders do not object to the form of such press release or public document or do not otherwise respond to such request for approval (including through counsel) within the two (2) Business Day period, the Requisite Consenting Lenders shall be deemed to have consented to the form of such press release or public document for purposes of this Section 25. Except as required by Law, no Restructuring Support Party or its advisors shall (a) use the name of any Consenting Lender Stakeholder in any public manner (including in any press release) with respect to this Agreement, the Restructuring Transactions, or any of the Restructuring Definitive Documents or (b) disclose to any Person Entity (including, for the avoidance of doubt, any other Consenting LenderStakeholder), other than advisors to the DebtorsCompany Parties, (i) the principal amount or percentage of any Claims and Company Claims/Interests held by any Consenting Lender, AHG Noteholder without such Consenting LenderAHG Noteholder’s prior written consentconsent (it being understood and agreed that each Consenting AHG Noteholder’s signature page to this Agreement shall be redacted to remove the name of such Consenting AHG Noteholder and the amount and/or percentage of Company Claims/Interests held by such Consenting AHG Noteholder to the extent this Agreement is filed on the docket maintained in the Chapter 11 Cases or otherwise made publicly available); provided, however, that (ix) if such disclosure is required by Law, and to the extent reasonably practicable and not otherwise prohibited by Law, the disclosing Restructuring Support Party shall afford the relevant Consenting Lender AHG Noteholder a reasonable opportunity to review and comment in advance of such disclosure and such Party shall take all reasonable measures to limit such disclosure and (iiy) the foregoing shall not prohibit the disclosure of the aggregate percentage or aggregate principal amount of Claims and Company Claims/Interests held by the Consenting LendersAHG Noteholders of the same class, collectively. Notwithstanding the provisions in this Section 2513.22, (x1) any Restructuring Support Party may disclose the identities of the Restructuring Support other Parties in any action to enforce this Agreement or in any action for damages as a result of any breaches hereof, hereof and (y2) any Restructuring Support Party may disclose, to the extent expressly consented to in writing in advance by a Consenting LenderAHG Noteholder, such Consenting LenderAHG Noteholder’s identity and individual holdings.

Disclosure; Publicity. The Debtors Company shall submit deliver to Xxxxxx drafts to Stroock, as counsel to the Initial Consenting Lenders, of any press releases and public documents that constitute disclosure of the existence or terms of the Restructuring, this Agreement Agreement, or any amendment to the terms of the Restructuring or this Agreement to the general public at least two forty-eight (248) Business Days hours prior to making any such disclosure or, if such delivery forty-eight (48) hours prior to disclosure is not possible, as soon as reasonably practicable prior to disclosure, and the Company shall afford them a reasonable opportunity under consider in good-faith any comments from the circumstances to comment on such documents and disclosures and shall incorporate any such reasonable comments in good faith; provided, that if the Requisite Consenting Lenders do not object to the form of such press release or public document or do not otherwise respond to such request for approval (including through counsel) within the two (2) Business Day period, the Requisite Consenting Lenders shall be deemed to have consented to the form of such press release or public document for purposes of this Section 25Ad Hoc First Lien Group Advisors. Except as required by Lawapplicable law or otherwise permitted under the terms of any other agreement between the Company and any Consenting Creditor, no Restructuring Support Party or its advisors shall (a) use the name of any Consenting Lender in any public manner (including in any press release) with respect to this Agreement, the Restructuring or any of the Restructuring Documents or (b) disclose to any Person person or entity (including, for the avoidance of doubt, any other Consenting LenderParty), other than advisors to the DebtorsCompany or the Ad Hoc First Lien Group, the identity of, or the principal amount or percentage of any Claims and Interests held Indebtedness held, by any a Consenting LenderCreditor, in each case, without such Consenting LenderCreditor’s prior written consent; provided, however, provided that (i) if such disclosure is required by Lawlaw, subpoena, or other legal process or regulation, the disclosing Restructuring Support Party shall afford the relevant Consenting Lender Creditor a reasonable opportunity to review and comment in advance of such disclosure and shall take all reasonable measures to limit such disclosure and (ii) the foregoing shall not prohibit the disclosure of the aggregate percentage or aggregate principal amount of Claims and Interests Secured Loans or Senior Notes, as applicable, held by the all Consenting LendersCreditors, collectively. Notwithstanding the provisions in this Section 25, (x) any Restructuring Support Party may disclose the identities Except as required by applicable law or by request of the Restructuring Support Parties in SEC, any action to enforce public filing of this Agreement, with the Bankruptcy Court or otherwise, and any version of this Agreement or in any action for damages as a result shared with Consenting Creditor generally, shall omit the signature pages of any breaches hereofConsenting Creditors, and (y) any Restructuring Support Party may disclose, to the extent expressly consented to in writing by a identity and holdings of each individual Consenting Lender, Creditor as set forth on such Consenting LenderCreditor’s identity and individual holdingssignature page hereto (provided that the holdings on such signature page(s) may be filed in unredacted form with the Bankruptcy Court under seal if so requested by the Bankruptcy Court).

Disclosure; Publicity. The Debtors CHC Parties shall submit drafts to Stroock, as counsel to the Initial Consenting Lenders, of any press releases and public documents that constitute disclosure of the existence or terms of this Agreement or any amendment to the terms of this Agreement at least two (2) Business Days prior to making any such disclosure, and shall afford them a reasonable opportunity under the circumstances to comment on such documents and disclosures and shall incorporate any such reasonable comments in good faith; provided, that if the Requisite Consenting Lenders do not object to the form of such press release or public document or do not otherwise respond to such request for approval (including through counsel) within the two (2) Business Day period, the Requisite Consenting Lenders shall be deemed to have consented to the form of such press release or public document for purposes of this Section 25. Except as required by Law, no Restructuring Support Party or its advisors shall (a) use the name of any Consenting Lender in any public manner (including Creditor Party in any press release) with respect to this Agreement, the Restructuring or any of the Restructuring Documents release without such Consenting Creditor Party’s prior written consent or (b) except as required by applicable law, disclose to any Person (including, for the avoidance of doubt, any other Consenting Lender)person, other than legal, accounting, financial and other advisors to the DebtorsCHC Parties, and on a professionals’ eyes only basis, such advisors to the UCC, on a “need-to-know” basis, subject to any confidentiality agreements between the Company and any Consenting Creditor Party (including all confidentiality obligations under the Milestone Term Sheet and, if applicable, any confidentiality obligations under the Revolving Credit Agreement), the principal amount or percentage of any its Claims and Interests held by any Consenting LenderCreditor Party or any of its respective subsidiaries or affiliates, without and the CHC Parties acknowledge and agree that they may not disclose such information provided by a Consenting Lender’s prior written consentCreditor Party contained on the signature pages of this Agreement or any Joinder Agreement with any other Consenting Creditor Party, and further agrees that it shall redact such information from the applicable signature pages before filing any pleading with the Bankruptcy Court (provided that the holdings disclosed in such signature pages may be filed in unredacted form with the Bankruptcy Court under seal); provided, however, that (i) that the CHC Parties shall be permitted to disclose the aggregate principal amount of, and aggregate percentage of, the Claims held by the Creditor Parties collectively, (ii) if such disclosure is required by Lawlaw, subpoena, or other legal process or regulation, the disclosing Restructuring Support CHC Party shall afford the relevant Consenting Lender Creditor Party a reasonable opportunity to review and comment in advance of such disclosure and shall take all reasonable measures to limit such disclosure and (iiiii) a CHC Party may disclose information requested by a regulatory authority with jurisdiction over its operations to such authority without limitation or prior notice to any Consenting Creditor Party or other person or entity. Notwithstanding the foregoing shall not prohibit foregoing, the Consenting Creditor Parties consent to the disclosure of the aggregate percentage or aggregate principal amount execution and contents of Claims and Interests held this Agreement by the CHC Parties in the CHC Plan, CHC Disclosure Statement, the other Restructuring Documents, and any filings by the CHC Parties with the Bankruptcy Court or the SEC or as required by law or regulation of the execution, terms and contents of this Agreement; provided that signature pages and the information contained in the signature pages to this Agreement or any Joinder Agreement may not be included in such disclosure, except as required by applicable law. At least two (2) business days prior to any disclosure, the CHC Parties will submit to Akin Gump and Kxxxxx Lxxxx all press releases, public documents and public filings (including filings with the SEC) related to this Agreement or the transactions contemplated hereby, and any amendments thereof for review by and consultation with the Requisite Plan Sponsors and the UCC, and the CHC Parties will consider in good faith any comments the Requisite Plan Sponsors or the UCC has to any such documents. Nothing contained herein shall be deemed to waive, amend or modify the terms of any confidentiality agreements between the Company and any of the Consenting LendersCreditor Parties (including all confidentiality obligations under the Milestone Term Sheet and, if applicable, any confidentiality obligations under the Revolving Credit Agreement). Notwithstanding the provisions in this Section 259, (x) any Restructuring Support Party may disclose the identities of the Restructuring Support Parties in any action to enforce this Agreement or in any action for damages as a result of any breaches hereof, and (y) any Restructuring Support CHC Party may disclose, to the extent expressly consented to in writing by a Consenting LenderCreditor Party, such Consenting LenderCreditor Party’s identity and individual holdings.

Disclosure; Publicity. The Debtors Company Parties shall submit drafts to Stroock, as counsel to the Initial Consenting Lenders, Ad Hoc Noteholder Group of any press releases and public documents that constitute disclosure of the existence or terms of this Agreement or any amendment to the terms of this Agreement at least two (2) Business Days prior to making any such disclosure, and shall afford them a reasonable opportunity under the circumstances to comment on such documents and disclosures and shall incorporate any such reasonable comments in good faith; provided, that if the Requisite Consenting Lenders do not object to the form of such press release or public document or do not otherwise respond to such request for approval (including through counsel) within the two (2) Business Day period, the Requisite Consenting Lenders shall be deemed to have consented to the form of such press release or public document for purposes of this Section 25. Except as required by Law, no Restructuring Support Party or its advisors shall (a) use the name of any Consenting Lender Noteholders in any public manner (including in any press release) with respect to this Agreement, the Restructuring Transactions, or any of the Restructuring Definitive Documents or (b) disclose to any Person Entity (including, for the avoidance of doubt, any other Consenting LenderNoteholder), other than advisors to the DebtorsCompany Parties, (i) the principal amount or percentage of any Claims and Company Claims/Interests held by any Consenting Lender, Noteholders without such Consenting LenderNoteholder’s prior written consentconsent (it being understood and agreed that each Consenting Noteholder’s signature page to this Agreement shall be redacted to remove the name of such Consenting Noteholder and the amount and/or percentage of Company Claims/Interests held by such Consenting Noteholder to the extent this Agreement is filed on the docket maintained in the Chapter 11 Cases or otherwise made publicly available); provided, however, that (ix) if such disclosure is required by Law, and to the extent reasonably practicable and not otherwise prohibited by Law, the disclosing Restructuring Support Party shall afford the relevant Consenting Lender Noteholder a reasonable opportunity to review and comment in advance of such disclosure and such Party shall take all reasonable measures to limit such disclosure and (iiy) the foregoing shall not prohibit the disclosure of the aggregate percentage or aggregate principal amount of Claims and Company Claims/Interests held by the Consenting LendersNoteholders of the same class, collectively. Notwithstanding the provisions in this Section 2515.20, (x1) any Restructuring Support Party may disclose the identities of the Restructuring Support other Parties in any action to enforce this Agreement or in any action for damages as a result of any breaches hereof, hereof and (y2) any Restructuring Support Party may disclose, to the extent expressly consented to in writing in advance by a Consenting LenderNoteholder, such Consenting LenderNoteholder’s identity and individual holdings.

Disclosure; Publicity. The Debtors Company Parties shall submit drafts to Stroock, as counsel to the Initial Consenting Lenders, of any press releases and public documents that constitute disclosure of the existence or terms of this Agreement or any amendment to the terms of this Agreement Agreement, or otherwise relating to the Restructuring Transactions, to counsel for the Consenting Creditors at least two (2) Business Days prior to making any such disclosure. Subject to Section 5.04, no Consenting Creditor shall, without the prior written consent of the Company Parties, make any public announcement or otherwise communicate (other than to decline to comment) with any Person with respect to this Agreement or the Restructuring Transactions or any of the transactions contemplated hereby or thereby, other than as may be required by applicable law and shall afford them regulation or by any governmental or regulatory authority or as may be required in connection with an annual report or to any representative of any Party who reasonably needs to know such information or by a reasonable opportunity under the circumstances Party or any of its affiliates as part of such Person’s ordinary course internal or external reporting or review procedure or to comment on such documents Person’s equity and disclosures and shall incorporate debt investors or any such reasonable comments current or prospective investors, in good faith; provided, that if the Requisite Consenting Lenders do not object each case (to the form of extent applicable) so long as such press release Person is obligated to keep such information confidential on terms at least as protective as contained herein. This Section 11.05 shall not apply with respect to any information that is or public document or do not otherwise respond to such request for approval (including through counsel) within the two (2) Business Day period, the Requisite Consenting Lenders shall be deemed to have consented becomes available to the form public other than as a result of such press release or public document for purposes a disclosure in violation of any Party’s obligations under this Section 25Agreement. Except as required by Lawapplicable law or otherwise permitted under the terms of any other agreement between the Company Parties and any Consenting Creditor, no Restructuring Support Party or its advisors shall (a) use the name of any Consenting Lender in any public manner (including in any press release) with respect to this Agreement, the Restructuring or any of the Restructuring Documents or (b) disclose to any Person (including, for the avoidance of doubt, any other Consenting LenderCreditor), other than advisors to the DebtorsCompany Parties, the principal amount of Claims or percentage of any Claims and Interests held by any Consenting LenderCreditor, without such Consenting LenderCreditor’s prior written consent; provided, however, that (ia) if such disclosure is required by Lawlaw, subpoena, or other legal process or regulation, the disclosing Restructuring Support Party shall shall, to the extent permitted by law, afford the relevant Consenting Lender Creditor a reasonable opportunity to review and comment in advance of such disclosure (or seek a protective order) and shall take all reasonable measures to limit such disclosure (the expense of which, if any, shall be borne by the relevant Consenting Creditor) and (iib) the foregoing shall not prohibit the disclosure of the aggregate percentage or aggregate outstanding principal amount of Claims and Interests or Interests, held by the each class of Consenting Lenders. Notwithstanding the provisions in this Section 25, (x) any Restructuring Support Party may disclose the identities of the Restructuring Support Parties in any action to enforce this Agreement or in any action for damages as a result of any breaches hereof, and (y) any Restructuring Support Party may disclose, to the extent expressly consented to in writing by a Consenting Lender, such Consenting Lender’s identity and individual holdingsCreditors.

Disclosure; Publicity. The Debtors Company shall submit deliver drafts to Stroock, as counsel to the Initial Consenting Lenders, of any press releases and public documents that constitute disclosure of the existence or terms of this Agreement or any amendment to the terms of this Agreement hereof to the Consenting Lenders and Agent Advisors at least two one (21) Business Days business day prior to making any such disclosure, and shall afford them a reasonable opportunity under the circumstances to comment on such documents and disclosures and shall incorporate any such reasonable comments in good faith; provided, that if the Requisite Consenting Lenders do not object to the form of such press release or public document or do not otherwise respond to such request for approval (including through counsel) within the two (2) Business Day period, the Requisite Consenting Lenders shall be deemed to have consented to the form of such press release or public document for purposes of this Section 25. Except as required by Lawapplicable law or otherwise permitted under the terms of any other agreement between the Company and any Consenting Lender, no Restructuring Support Party or its advisors shall (a) use the name of any Consenting Lender in any public manner (including in any press release) with respect to this Agreement, the Restructuring or any of the Restructuring Documents or (b) disclose to any Person person (including, for the avoidance of doubt, any other Consenting LenderParty), other than advisors to the DebtorsCompany, the principal amount or percentage of any Indebtedness, or Bridge Facility Indebtedness or any other Claims and against, or Interests in, the Company held by any Consenting Lender, in each case, without such Consenting Lender’s prior written consent; provided, however, that (i) if such disclosure is required by Lawlaw, subpoena, or other legal process or regulation, the disclosing Restructuring Support Party shall afford the relevant Consenting Lender a reasonable opportunity to review and comment in advance of such disclosure and shall take all reasonable measures to limit such disclosure (the expense of which, if any, shall be borne by the relevant Consenting Lender) and (ii) the foregoing shall not prohibit the disclosure of the aggregate percentage or aggregate principal amount of Claims and Interests Indebtedness, or Bridge Facility Indebtedness held by all the Consenting Lenders, collectively. Notwithstanding Any public filing of this Agreement, with the provisions in this Section 25Bankruptcy Court or otherwise, (x) and any Restructuring Support Party may disclose the identities version of the Restructuring Support Parties in any action to enforce this Agreement or in any action for damages as a result of any breaches hereofshared with Consenting Lenders generally, shall omit the Indebtedness, and (y) any Restructuring Support Party may disclose, to the extent expressly consented to in writing by a Bridge Facility Indebtedness holdings of each individual Consenting Lender, Lender as set forth on such Consenting Lender’s identity signature page hereto or shall include such signature page only in redacted form with respect to the Indebtedness, and individual holdingsBridge Facility Indebtedness holdings of each Consenting Lender (provided that the Indebtedness, and Bridge Facility Indebtedness holdings on such signature page(s) may be filed in unredacted form with the Bankruptcy Court under seal).

Disclosure; Publicity. The Debtors Company shall submit deliver drafts to StroockFaegre Drinker Xxxxxx & Xxxxx LLP, Attn: Xxxxx X. Xxxxxx and Xxxxx Xxxxxxx as counsel to the Initial Consenting Lenders, Ad Hoc Noteholder Group of any press releases and public documents that constitute disclosure of the existence of the existence or terms of this Agreement or any amendment to the terms of this Agreement to the general public (each, a “Public Disclosure”) at least two (2) Business Days prior to before making any such disclosuredisclosure (if practicable, and shall afford them a reasonable opportunity under the circumstances to comment on such documents and disclosures and shall incorporate any such reasonable comments in good faith; provided, that if the Requisite Consenting Lenders do not object to the form of such press release or public document or do not otherwise respond to such request for approval (including through counsel) within the two (2) Business Day periodDays before is not practicable, then as soon as practicable), and the Requisite Consenting Lenders Ad Hoc Noteholder Group Professionals shall be deemed authorized to have consented share such Public Disclosure with their respective clients. Any such disclosure shall be acceptable to the form of such press release or public document for purposes of this Section 25Ad Hoc Noteholder Group. Except as required by Lawlaw or otherwise permitted under the terms of any other agreement between the Company and the Ad Hoc Noteholder Group, no Restructuring Support Party or its advisors shall (a) use the name of any Consenting Lender in any public manner (including in any press release) with respect to this Agreement, the Restructuring or any of the Restructuring Documents or (b) will disclose to any Person (including, for the avoidance of doubt, any other Consenting Lender), person other than advisors to the DebtorsCompany’s advisors, the principal amount or percentage of any Claims and Interests Company Claims/Interests, or any other securities of the Company held by any Consenting Lender, member of the Ad Hoc Noteholder Group without such Consenting LenderNoteholder’s prior written consent; provided, howeverthat, that (i) if such disclosure is required by Lawlaw, subpoena, or other legal process or regulation, to the extent permitted by applicable law, the disclosing Restructuring Support Party shall will afford the relevant Consenting Lender a reasonable Noteholder an opportunity to review and comment in advance of such disclosure and shall will take all reasonable measures Commercially Reasonable Best Efforts to limit such disclosure and (ii) the foregoing shall will not prohibit the disclosure of the aggregate percentage or aggregate principal amount of Company Claims and Interests held by all the Consenting Lendersmembers of the Ad Hoc Noteholder Group collectively. Notwithstanding the provisions in this Section 2513.16, (x) any Restructuring Support Party may disclose the identities of the Restructuring Support Parties in any action to enforce this Agreement or in any action for damages as a result of any breaches hereof, and (y) any Restructuring Support Party may disclose, to the extent expressly if consented to in writing by a Consenting LenderNoteholder, any Party hereto may disclose such Consenting LenderNoteholder’s identity and individual holdings.