Common use of Disclosure; Publicity Clause in Contracts

Disclosure; Publicity. Except as required by applicable law or otherwise permitted under the terms of any other agreement between the Company and any Consenting Lender, no Party or its advisors shall disclose to any person (including, for the avoidance of doubt, any other Party), other than advisors to the Company, the principal amount or percentage of any Loans or any other Claims against, or Interests in, the Company held by any Consenting Lender, in each case, without such Consenting Lender’s consent; provided, however, that (i) if such disclosure is required by law, subpoena, or other legal process or regulation, the disclosing 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 Company), and (ii) the foregoing shall not prohibit the disclosure of the aggregate percentage or aggregate principal amount of Loans held by all the Consenting Lenders. Any public filing of this Agreement, with the Bankruptcy Court or otherwise, and any version of this Agreement shared with the Consenting Lenders generally shall omit the Loans holdings of each individual Consenting Lender as set forth on such Consenting Lender’s signature page hereto or shall include such signature page only in redacted form with respect to the Loans holdings of each Consenting Lender (provided that the Loans holdings on such signature page(s) may be filed under seal in unredacted form with the Bankruptcy Court).

Disclosure; Publicity. The Company shall submit drafts to Milbank of any press 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 prior to making any such disclosure. Except as required by applicable law or otherwise permitted under the terms of any other agreement between the Company and any Consenting LenderNoteholder, no Party or its advisors shall disclose to any person or entity (including, for the avoidance of doubt, any other PartyConsenting Noteholder), other than advisors to the Company, the principal amount or percentage of any Loans or any other Claims against, or Interests in, the Company 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 law, subpoena, or other legal process or regulation, the disclosing Party shall afford the relevant Consenting Lender Noteholder a reasonable opportunity to review and comment in advance of such disclosure and shall take all reasonable measures to limit such disclosure (to the expense of whichextent required by such law, if anysubpoena, shall be borne by the Company)or other legal process, and (iib) the foregoing shall not prohibit the disclosure of the aggregate percentage or aggregate principal amount of Loans the Notes held by all the Consenting LendersNoteholders collectively. Any public filing of this Agreement, with the Bankruptcy Court or otherwise, and any version of which includes executed signature pages to this Agreement shared with the Consenting Lenders generally shall omit the Loans holdings of each individual Consenting Lender as set forth on such Consenting Lender’s signature page hereto or shall include such signature page pages only in redacted form with respect to the Loans holdings of each Consenting Lender Noteholder (provided that the Loans holdings on disclosed in such signature page(s) pages may be filed under seal in unredacted form with the Bankruptcy CourtCourt under seal).

Disclosure; Publicity. Except The Company shall provide the Ad Hoc Group Advisors a reasonable opportunity to comment on 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. The Company may disclose the existence of, or the terms of, this Agreement or any other material term of the Transaction without the express written consent of the other Parties; provided, however, that no Party or its advisors shall disclose to any person or entity (including, for the avoidance of doubt, any other Party) other than advisors to the Company and Stroock the identity of any Directing Lender, the principal amount or percentage of any Term Loan Claims held by any Party or the specific legal entity name of any Directing Lender, in each case, without such Party’s prior written consent, except as required by applicable law or otherwise permitted under the terms of any other agreement between the Company Company, on the one hand, and any Consenting Directing Lender, no Party or its advisors shall disclose to any person (including, for on the avoidance of doubt, any other Party), other than advisors to the Company, the principal amount or percentage of any Loans or any other Claims against, or Interests in, the Company held by any Consenting Lender, in each case, without such Consenting Lender’s consenthand; provided, however, provided that (ia) if such disclosure is required by law, subpoena, or other legal process or regulation, the disclosing 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 Company), relevant disclosing Party) and (iib) the foregoing shall not prohibit the disclosure of the aggregate percentage or aggregate principal amount of Loans Term Loan Claims held by all the Consenting LendersDirecting Lenders collectively. Any public filing of this Agreement, with the Bankruptcy Court or otherwise, and any version of Agreement that includes executed signature pages to this Agreement shared with the Consenting Lenders generally shall omit the Loans holdings of each individual Consenting Lender as set forth on such Consenting Lender’s signature page hereto or shall include such signature page pages only in redacted form with respect to the Loans holdings identity of the Directing Lenders and the amount of Term Loan Claims held by each Consenting Directing Lender (provided that the Loans holdings on disclosed in such signature page(s) pages may be filed under seal in unredacted form with the Bankruptcy Courtunder seal).

Disclosure; Publicity. Except The Company shall provide the Ad Hoc Group Advisors and the Consenting Sponsor a reasonable opportunity (but no less than one (1) Business Day) to comment on any press releases and public filings (including in a Form 8-K, 10-K or 10-Q filing of the Consenting Sponsor) that include the terms of this Agreement or any amendment to the terms of this Agreement. The Company may disclose the existence of, or the terms of, this Agreement or any other material term of the Transaction without the express written consent of the other Parties; provided, however, that no Party or its advisors shall disclose to any person or entity (including, for the avoidance of doubt, any other Party) other than advisors to the Company and the Ad Hoc Group Advisors the principal amount or percentage of any Creditor Claims, without such Party’s prior written consent, except as required by applicable law or otherwise permitted under the terms of any other agreement between the Company Company, on the one hand, and any Consenting LenderCreditor, no Party or its advisors shall disclose to any person (including, for on the avoidance of doubt, any other Party), other than advisors to the Company, the principal amount or percentage of any Loans or any other Claims against, or Interests in, the Company held by any Consenting Lender, in each case, without such Consenting Lender’s consenthand; provided, however, provided that (ia) if such disclosure is required by law, subpoena, or other legal process or regulation, the disclosing 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 Company), relevant disclosing Party) and (iib) the foregoing shall not prohibit the disclosure of the aggregate percentage or aggregate principal amount of Loans Creditor Claims held by all the Consenting LendersCreditors collectively. Any public filing of this AgreementAgreement (including in Form 8-K, with 10-K or 10-Q filing of the Bankruptcy Court or otherwise, and any version of Consenting Sponsor) that includes executed signature pages to this Agreement shared with the Consenting Lenders generally shall omit the Loans holdings of each individual Consenting Lender as set forth on such Consenting Lender’s signature page hereto or shall include such signature page pages only in redacted form with respect to the Loans holdings amount of Creditor Claims held by each Consenting Lender (Creditor; provided that the Loans holdings on disclosed in such signature page(s) pages may be filed under seal in unredacted form with the Bankruptcy Court)under seal.

Disclosure; Publicity. The Company shall submit drafts to the Supporting Lenders’ advisors of any press releases and public documents that constitute disclosure of the existence or terms of this RSA or any amendment to the terms of this RSA as soon as reasonably practicable 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 use reasonable, good faith efforts to incorporate any such reasonable comments. Except as required by applicable law or otherwise permitted under the terms of any other agreement between the Company and any Consenting Lenderlaw, no Party or its advisors shall (a) use the name of any Supporting Lender in any public manner (including in any press release) with respect to this RSA, the Restructuring or any of the Definitive Documents or (b) disclose to any person (Person, including, for the avoidance of doubt, any other Party), other than advisors to the Company, the principal amount or percentage of any Loans or any other Claims against, or Interests in, the Company held by any Consenting Lender, in each case, Supporting Lender without such Consenting Supporting Lender’s prior written consent; provided, however, that (i) if such disclosure is required by law, subpoena, or other legal process or regulation, the disclosing Party shall afford the relevant Consenting Supporting 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 Company), and (ii) the foregoing shall not prohibit the disclosure of the aggregate percentage or aggregate principal amount of Loans Claims held by all the Consenting Supporting Lenders, collectively. Any public filing Notwithstanding the provisions in this section 9.19, (x) any Party may disclose the identities of the Parties in any action to enforce this Agreement, with the Bankruptcy Court RSA or otherwisein any action for specific performance as a result of any breaches hereof, and (y) any version of this Agreement shared with Party may disclose, to the Consenting Lenders generally shall omit the Loans holdings of each individual Consenting Lender as set forth on extent expressly consented to in writing by a Supporting Lender, such Consenting Supporting Lender’s signature page hereto or shall include such signature page only in redacted form with respect to the Loans holdings of each Consenting Lender (provided that the Loans holdings on such signature page(s) may be filed under seal in unredacted form with the Bankruptcy Court)identity and individual holdings.