Common use of Information Concerning Financial Condition of the Company and its Subsidiaries Clause in Contracts

Information Concerning Financial Condition of the Company and its Subsidiaries. The Working Capital Facility Collateral Agent and the Working Capital Facility Lenders, in the first instance, the Notes Collateral Agent and the Noteholders, in the second instance, and the Pari Passu Collateral Agent and the Pari Passu Lenders, in the third instance, shall each be responsible for keeping themselves informed of (a) the financial condition of the Company and its subsidiaries and all Obligors in respect of the Working Capital Facility Obligations or the Notes Obligations or the Pari Passu Obligations, as the case may be, and (b) all other circumstances bearing upon the risk of nonpayment of the Working Capital Facility Obligations, the Notes Obligations or the Pari Passu Obligations. The Working Capital Facility Collateral Agent and the Working Capital Facility Lenders and the Interim Notes Collateral Agent and the Interim Notes Noteholders each shall have no duty to advise any other Secured Party of information known to it or them regarding such condition or any such circumstances or otherwise. In the event the Working Capital Facility Collateral Agent or any of the Working Capital Facility Lenders, or the Interim Notes Collateral Agent or any of the Interim Notes Noteholders, in each case in its or their sole discretion, undertakes at any time or from time to time to provide any such information to any other Secured Party, it or they shall be under no obligation (i) to provide any additional information or to provide any such information on any subsequent occasion, (ii) to undertake any investigation or (iii) to disclose any information which, pursuant to accepted or reasonable commercial finance practices, such party wishes to maintain confidential, so long as the failure to disclose such information will not render information which was disclosed materially misleading. None of the Senior Subordinated Secured Parties shall have a duty to advise the Working Capital Facility Collateral Agent or any Working Capital Facility Lender or any other Secured Party of information known to it or them regarding such condition or any such circumstances or otherwise. In the event any Junior Secured Party, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to the Working Capital Facility Collateral Agent or any Working Capital Facility Lender, it or they shall be under no obligation (i) to provide any additional information or to provide any such information on any subsequent occasion, (ii) to undertake any investigation or (iii) to disclose any information which, pursuant to accepted or reasonable commercial finance practices, such party wishes to maintain confidential, so long as the failure to disclose such information will not render information which was disclosed materially misleading.

Information Concerning Financial Condition of the Company and its Subsidiaries. The Working Capital Facility Collateral Agent and the Working Capital Facility Lenders, in the first instance, the Notes Collateral Agent and the Noteholders, in the second instance, and the Pari Passu Collateral Agent and the Pari Passu Lenders, in the third instance, shall each be responsible for keeping themselves informed of (a) the financial condition of the Company and its subsidiaries and all Obligors in respect of the Working Capital Facility Obligations or the Notes Obligations or the Pari Passu Obligations, as the case may be, and (b) all other circumstances bearing upon the risk of nonpayment of the Working Capital Facility Obligations, the Notes Obligations or the Pari Passu Obligations. The Working Capital Facility Collateral Agent and the Working Capital Facility Lenders and the Interim Notes Collateral Agent and the Interim Notes Noteholders each shall have no duty to advise any other Secured Party of information known to it or them regarding such condition or any such circumstances or otherwise. In the event the Working Capital Facility Collateral Agent or any of the Working Capital Facility Lenders, or the Interim Notes Collateral Agent or any of the the Interim Notes Noteholders, in each case in its or their sole discretion, undertakes at any time or from time to time to provide any such information to any other Secured Party, it or they shall be under no obligation (i) to provide any additional information or to provide any such information on any subsequent occasion, (ii) to undertake any investigation or (iii) to disclose any information which, pursuant to accepted or reasonable commercial finance practices, such party wishes to maintain confidential, so long as the failure to disclose such information will not render information which was disclosed materially misleading. None of the Senior Subordinated Secured Parties shall have a duty to advise the Working Capital Facility Collateral Agent or any Working Capital Facility Lender or any other Secured Party of information known to it or them regarding such condition or any such circumstances or otherwise. In the event any Junior Secured Party, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to the Working Capital Facility Collateral Agent or any Working Capital Facility Lender, it or they shall be under no obligation (i) to provide any additional information or to provide any such information on any subsequent occasion, (ii) to undertake any investigation or (iii) to disclose any information which, pursuant to accepted or reasonable commercial finance practices, such party wishes to maintain confidential, so long as the failure to disclose such information will not render information which was disclosed materially misleading.

Information Concerning Financial Condition of the Company and its Subsidiaries. The Working Capital Facility Term Collateral Agent and the Working Capital Facility LendersTerm Secured Parties, in the first instance, ABL Collateral Agent and the ABL Secured Parties and the Notes Collateral Agent and the Noteholders, in the second instance, and the Pari Passu Collateral Agent and the Pari Passu Lenders, in the third instanceNotes Secured Parties, shall each be responsible for keeping themselves informed of (a) the financial condition of the Company and its subsidiaries Subsidiaries and all Obligors in respect endorsers and/or guarantors of the Working Capital Facility Term Obligations, the ABL Obligations or the Notes Obligations or the Pari Passu Obligations, as the case may be, and (b) all other circumstances bearing upon the risk of nonpayment of the Working Capital Facility ABL Obligations, the Notes Term Obligations or the Pari Passu Notes Obligations. The Working Capital Facility Term Collateral Agent and the Working Capital Facility Lenders and the Interim Notes Collateral Agent and the Interim Notes Noteholders each Term Secured Parties shall have no duty to advise the ABL Collateral Agent, any other ABL Secured Party Parties, the Notes Collateral Agent or any Notes Secured Parties of information known to it or them regarding such condition or any such circumstances or otherwise. The ABL Collateral Agent and ABL Secured Parties shall have no duty to advise the Term Collateral Agent, any Term Secured Parties, the Notes Collateral Agent or any Notes Secured Parties of information known to it or them regarding such condition or any such circumstances or otherwise. The Notes Collateral Agent and Notes Secured Parties shall have no duty to advise the Term Collateral Agent, any Term Secured Parties, the ABL Collateral Agent or any ABL Secured Parties of information known to it or them regarding such condition or any such circumstances or otherwise. In the event the Working Capital Facility Collateral Agent or that any of the Working Capital Facility LendersTerm Collateral Agent, or any of the Interim Term Secured Parties, the ABL Collateral Agent, any of the ABL Secured Parties, the Notes Collateral Agent or any of the Interim Notes NoteholdersSecured Parties, in each case in its or their sole discretion, undertakes at any time or from time to time to provide any such information to any other Secured Partyparty hereto, it or they shall be under no obligation (iw) to make, and such informing party shall not make, any express or implied representation or warranty, including with respect to the accuracy, completeness, truthfulness or validity of any such information so provided, (x) to provide any additional information or to provide any such information on any subsequent occasion, (iiy) to undertake any investigation or (iiiz) to disclose any information which, pursuant to accepted or reasonable commercial finance practices, such party wishes to maintain confidential, so long as the failure to disclose such information will not render information which was disclosed materially misleading. None of the Senior Subordinated Secured Parties shall have a duty to advise the Working Capital Facility Collateral Agent confidential or any Working Capital Facility Lender or any other Secured Party of information known to it or them regarding such condition or any such circumstances or otherwise. In the event any Junior Secured Party, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to the Working Capital Facility Collateral Agent or any Working Capital Facility Lender, it or they shall be under no obligation (i) to provide any additional information or to provide any such information on any subsequent occasion, (ii) to undertake any investigation or (iii) to disclose any information which, pursuant to accepted or reasonable commercial finance practices, such party wishes is otherwise required to maintain confidential, so long as the failure to disclose such information will not render information which was disclosed materially misleading.

Information Concerning Financial Condition of the Company and its Subsidiaries. The Working Capital Facility First Lien Collateral Agent and the Working Capital Facility LendersFirst Lien Secured Parties, in on the first instance, the Notes Collateral Agent and the Noteholders, in the second instanceone hand, and the Pari Passu Collateral Agent Second Lien Secured Parties and the Pari Passu LendersSecond Lien Collateral Agent, in on the third instanceother hand, shall each be responsible for keeping themselves informed of (a) the financial condition of the Company and its subsidiaries Subsidiaries and all Obligors in respect endorsers and/or guarantors of the Working Capital Facility First Lien Obligations or the Notes Second Lien Obligations or the Pari Passu Obligations, as the case may be, and (b) all other circumstances bearing upon the risk of nonpayment of the Working Capital Facility Obligations, the Notes First Lien Obligations or the Pari Passu Second Lien Obligations. The Working Capital Facility First Lien Collateral Agent and the Working Capital Facility Lenders and the Interim Notes Collateral Agent and the Interim Notes Noteholders each First Lien Secured Parties shall have no duty to advise the Second Lien Collateral Agent or any other Second Lien Secured Party of information known to it or them regarding such condition or any such circumstances or otherwise. In the event the Working Capital Facility First Lien Collateral Agent or any of the Working Capital Facility Lenders, or the Interim Notes Collateral Agent or any of the Interim Notes Noteholders, in each case in its or their sole discretion, undertakes at any time or from time to time to provide any such information to any other First Lien Secured Party, it or they shall be under no obligation (i) to provide any additional information or to provide any such information on any subsequent occasion, (ii) to undertake any investigation or (iii) to disclose any information which, pursuant to accepted or reasonable commercial finance practices, such party wishes to maintain confidential, so long as the failure to disclose such information will not render information which was disclosed materially misleading. None of the Senior Subordinated Secured Parties shall have a duty to advise the Working Capital Facility Collateral Agent or any Working Capital Facility Lender or any other Secured Party of information known to it or them regarding such condition or any such circumstances or otherwise. In the event any Junior Secured PartyParties, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to the Working Capital Facility Second Lien Collateral Agent or any Working Capital Facility LenderSecond Lien Secured Party, it or they shall be under no obligation (iw) to make, and the First Lien Collateral Agent and the First Lien Secured Parties shall not make, any express or implied representation or warranty, including with respect to the accuracy, completeness, truthfulness or validity of any such information so provided, (x) to provide any additional information or to provide any such information on any subsequent occasion, (iiy) to undertake any investigation or (iiiz) to disclose any information which, pursuant to accepted or reasonable commercial finance practices, such party wishes to maintain confidential or is otherwise required to maintain confidential, so long as the failure to disclose such information will not render information which was disclosed materially misleading.

Information Concerning Financial Condition of the Company and its Subsidiaries. The Working Capital Facility First Lien Collateral Agent and the Working Capital Facility LendersFirst Lien Secured Parties, in on the first instanceone hand, and the Notes Second Lien Collateral Agent and the NoteholdersSecond Lien Secured Parties, in on the second instance, and the Pari Passu Collateral Agent and the Pari Passu Lenders, in the third instanceother hand, shall each be responsible for keeping themselves informed of (a) the financial condition of the Company and its subsidiaries Subsidiaries and all Obligors in respect endorsers and/or guarantors of the Working Capital Facility First Lien Obligations or the Notes Second Lien Obligations or the Pari Passu Obligations, as the case may be, and (b) all other circumstances bearing upon the risk of nonpayment of the Working Capital Facility Obligations, the Notes First Lien Obligations or the Pari Passu Second Lien Obligations. The Working Capital Facility First Lien Collateral Agent and the Working Capital Facility Lenders and the Interim Notes Collateral Agent and the Interim Notes Noteholders each First Lien Secured Parties shall have no duty to advise the Second Lien Collateral Agent or any other Second Lien Secured Party of information known to it or them regarding such condition or any such circumstances or otherwise. In the event the Working Capital Facility First Lien Collateral Agent or any of the Working Capital Facility Lenders, or the Interim Notes Collateral Agent or any of the Interim Notes Noteholders, in each case in its or their sole discretion, undertakes at any time or from time to time to provide any such information to any other First Lien Secured Party, it or they shall be under no obligation (i) to provide any additional information or to provide any such information on any subsequent occasion, (ii) to undertake any investigation or (iii) to disclose any information which, pursuant to accepted or reasonable commercial finance practices, such party wishes to maintain confidential, so long as the failure to disclose such information will not render information which was disclosed materially misleading. None of the Senior Subordinated Secured Parties shall have a duty to advise the Working Capital Facility Collateral Agent or any Working Capital Facility Lender or any other Secured Party of information known to it or them regarding such condition or any such circumstances or otherwise. In the event any Junior Secured PartyParties, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to the Working Capital Facility Second Lien Collateral Agent or any Working Capital Facility LenderSecond Lien Secured Party, it or they shall be under no obligation (iw) to make, and the First Lien Collateral Agent and the First Lien Secured Parties shall not make, any express or implied representation or warranty, including with respect to the accuracy, completeness, truthfulness or validity of any such information so provided, (x) to provide any additional information or to provide any such information on any subsequent occasion, (iiy) to undertake any investigation or (iiiz) to disclose any information which, pursuant to accepted or reasonable commercial finance practices, such party wishes to maintain confidential or is otherwise required to maintain confidential, so long as the failure to disclose such information will not render information which was disclosed materially misleading.

Information Concerning Financial Condition of the Company and its Subsidiaries. The Working Capital Term Loan Collateral Agents, the Term Loan Secured Parties, the Junior Priority Secured Parties, the ABL Facility Collateral Agent and the Working Capital ABL Facility Lenders, in the first instance, the Notes Collateral Agent and the Noteholders, in the second instance, and the Pari Passu Collateral Agent and the Pari Passu Lenders, in the third instanceSecured Parties, shall each be responsible for keeping themselves informed of (a) the financial condition of Holdings, the Company and its subsidiaries Subsidiaries and all Obligors in respect endorsers and/or Grantors of the Working Capital Term Loan Obligations, the Junior Priority Obligations and the ABL Facility Obligations or the Notes Obligations or the Pari Passu Obligations, as the case may be, and (b) all other circumstances bearing upon the risk of nonpayment of the Working Capital ABL Facility Obligations, the Notes Term Loan Obligations or the Pari Passu Junior Priority Obligations. The Working Capital Facility No Collateral Agent and the Working Capital Facility Lenders and the Interim Notes Collateral Agent and the Interim Notes Noteholders each or its respective Secured Parties shall have no any duty to advise any the other Collateral Agents or their respective Secured Party Parties of information known to it or them regarding such condition or any such circumstances or otherwise. In the event that any Term Loan Collateral Agent or any of the Working Capital Term Loan Secured Parties, or any of the Junior Priority Secured Parties or the ABL Facility Collateral Agent or any of the Working Capital ABL Facility LendersSecured Parties, or the Interim Notes Collateral Agent or any of the Interim Notes Noteholders, in each case in its or their sole discretion, undertakes at any time or from time to time to provide any such information to any other Secured Partyparty hereto, it or they shall be under no obligation (iw) to make, and such informing party shall not make, any express or implied representation or warranty, including with respect to the accuracy, completeness, truthfulness or validity of any such information so provided, (x) to provide any additional information or to provide any such information on any subsequent occasion, (iiy) to undertake any investigation or (iiiz) to disclose any information which, pursuant to accepted or reasonable commercial finance practices, such party wishes to maintain confidential, so long as the failure to disclose such information will not render information which was disclosed materially misleading. None of the Senior Subordinated Secured Parties shall have a duty to advise the Working Capital Facility Collateral Agent confidential or any Working Capital Facility Lender or any other Secured Party of information known to it or them regarding such condition or any such circumstances or otherwise. In the event any Junior Secured Party, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to the Working Capital Facility Collateral Agent or any Working Capital Facility Lender, it or they shall be under no obligation (i) to provide any additional information or to provide any such information on any subsequent occasion, (ii) to undertake any investigation or (iii) to disclose any information which, pursuant to accepted or reasonable commercial finance practices, such party wishes is otherwise required to maintain confidential, so long as the failure to disclose such information will not render information which was disclosed materially misleading.

Information Concerning Financial Condition of the Company and its Subsidiaries. The Working Capital Facility First Lien Collateral Agent and the Working Capital Facility LendersFirst Lien Secured Parties, in on the first instanceone hand, and the Notes Second Lien Collateral Agent and the NoteholdersSecond Lien Secured Parties, in on the second instance, and the Pari Passu Collateral Agent and the Pari Passu Lenders, in the third instanceother hand, shall each be responsible for keeping themselves informed of (a) the financial condition of the Company and its subsidiaries Subsidiaries and all Obligors in respect endorsers and/or guarantors of the Working Capital Facility First Lien Obligations or the Notes Second Lien Obligations or the Pari Passu Obligations, as the case may be, and (b) all other circumstances bearing upon the risk of nonpayment of the Working Capital Facility Obligations, the Notes First Lien Obligations or the Pari Passu Second Lien Obligations. The Working Capital Facility First Lien Collateral Agent and the Working Capital Facility Lenders and the Interim Notes Collateral Agent and the Interim Notes Noteholders each First Lien Secured Parties shall have no duty to advise the Second Lien Collateral Agent or any other Second Lien Secured Party of information known to it or them regarding such condition or any such circumstances or otherwise. In the event the Working Capital Facility First Lien Collateral Agent or any of the Working Capital Facility Lenders, or the Interim Notes Collateral Agent or any of the Interim Notes Noteholders, in each case in its or their sole discretion, undertakes at any time or from time to time to provide any such information to any other First Lien Secured Party, it or they shall be under no obligation (i) to provide any additional information or to provide any such information on any subsequent occasion, (ii) to undertake any investigation or (iii) to disclose any information which, pursuant to accepted or reasonable commercial finance practices, such party wishes to maintain confidential, so long as the failure to disclose such information will not render information which was disclosed materially misleading. None of the Senior Subordinated Secured Parties shall have a duty to advise the Working Capital Facility Collateral Agent or any Working Capital Facility Lender or any other Secured Party of information known to it or them regarding such condition or any such circumstances or otherwise. In the event any Junior Secured PartyParties, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to the Working Capital Facility Second Lien Collateral Agent or any Working Capital Facility LenderSecond Lien Secured Parties, it or they shall be under no obligation (iw) to make, and the First Lien Collateral Agent and the First Lien Secured Parties shall not make, any express or implied representation or warranty, including with respect to the accuracy, completeness, truthfulness or validity of any such information so provided, (x) to provide any additional information or to provide any such information on any subsequent occasion, (iiy) to undertake any investigation or (iiiz) to disclose any information which, pursuant to accepted or reasonable commercial finance practices, such party wishes to maintain confidential or is otherwise required to maintain confidential, so long as the failure to disclose such information will not render information which was disclosed materially misleading.

Information Concerning Financial Condition of the Company and its Subsidiaries. The Working Capital Facility Collateral First Lien Administrative Agent and the Working Capital Facility LendersFirst Lien Claimholders, in on the first instance, the Notes Collateral Agent and the Noteholders, in the second instanceone hand, and the Pari Passu Collateral Agent Second Lien Claimholders and the Pari Passu LendersSecond Lien Collateral Agent, in on the third instanceother hand, shall each be responsible for keeping themselves informed of (a) the financial condition of the Company and its subsidiaries Subsidiaries and all Obligors in respect endorsers and/or guarantors of the Working Capital Facility First Lien Obligations or the Notes Second Lien Obligations or the Pari Passu Obligations, as the case may be, and (b) all other circumstances bearing upon the risk of nonpayment of the Working Capital Facility Obligations, the Notes First Lien Obligations or the Pari Passu Second Lien Obligations. The Working Capital Facility Collateral First Lien Administrative Agent and the Working Capital Facility Lenders and the Interim Notes Collateral Agent and the Interim Notes Noteholders each First Lien Claimholders shall have no duty to advise the Second Lien Collateral Agent or any other Secured Party Second Lien Claimholder of information known to it or them regarding such condition or any such circumstances or otherwise. In the event the Working Capital Facility Collateral First Lien Administrative Agent or any of the Working Capital Facility Lenders, or the Interim Notes Collateral Agent or any of the Interim Notes Noteholders, in each case in its or their sole discretion, undertakes at any time or from time to time to provide any such information to any other Secured Party, it or they shall be under no obligation (i) to provide any additional information or to provide any such information on any subsequent occasion, (ii) to undertake any investigation or (iii) to disclose any information which, pursuant to accepted or reasonable commercial finance practices, such party wishes to maintain confidential, so long as the failure to disclose such information will not render information which was disclosed materially misleading. None of the Senior Subordinated Secured Parties shall have a duty to advise the Working Capital Facility Collateral Agent or any Working Capital Facility Lender or any other Secured Party of information known to it or them regarding such condition or any such circumstances or otherwise. In the event any Junior Secured PartyFirst Lien Claimholders, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to the Working Capital Facility Second Lien Collateral Agent or any Working Capital Facility LenderSecond Lien Claimholder, it or they shall be under no obligation (iw) to make, and the First Lien Administrative Agent and the First Lien Claimholders shall not make, any express or implied representation or warranty, including with respect to the accuracy, completeness, truthfulness or validity of any such information so provided, (x) to provide any additional information or to provide any such information on any subsequent occasion, (iiy) to undertake any investigation or (iiiz) to disclose any information which, pursuant to accepted or reasonable commercial finance practices, such party wishes to maintain confidential or is otherwise required to maintain confidential, so long as the failure to disclose such information will not render information which was disclosed materially misleading.

Information Concerning Financial Condition of the Company and its Subsidiaries. The Working Capital Facility First Lien Collateral Agent and the Working Capital Facility LendersFirst Lien Secured Parties, in and the first instance, the Notes Second Lien Collateral Agent and the Noteholders, in the second instance, and the Pari Passu Collateral Agent and the Pari Passu Lenders, in the third instanceSecond Lien Secured Parties, shall each be responsible for keeping themselves informed of (a) the financial condition of the Company and its subsidiaries Subsidiaries and all Obligors in respect endorsers and/or guarantors of the Working Capital Facility First Lien Obligations or the Notes Second Lien Obligations or the Pari Passu Obligations, as the case may be, and (b) all other circumstances bearing upon the risk of nonpayment of the Working Capital Facility Obligations, the Notes First Lien Obligations or the Pari Passu Second Lien Obligations. The Working Capital Facility First Lien Collateral Agent and the Working Capital Facility Lenders and the Interim Notes Collateral Agent and the Interim Notes Noteholders each First Lien Secured Parties shall have no duty to advise the Second Lien Collateral Agent or any other Second Lien Secured Party of information known to it or them regarding such condition or any such circumstances or otherwise. In the event the Working Capital Facility First Lien Collateral Agent or any of the Working Capital Facility Lenders, or the Interim Notes Collateral Agent or any of the Interim Notes Noteholders, in each case in its or their sole discretion, undertakes at any time or from time to time to provide any such information to any other First Lien Secured Party, it or they shall be under no obligation (i) to provide any additional information or to provide any such information on any subsequent occasion, (ii) to undertake any investigation or (iii) to disclose any information which, pursuant to accepted or reasonable commercial finance practices, such party wishes to maintain confidential, so long as the failure to disclose such information will not render information which was disclosed materially misleading. None of the Senior Subordinated Secured Parties shall have a duty to advise the Working Capital Facility Collateral Agent or any Working Capital Facility Lender or any other Secured Party of information known to it or them regarding such condition or any such circumstances or otherwise. In the event any Junior Secured PartyParties, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to the Working Capital Facility Second Lien Collateral Agent or any Working Capital Facility LenderSecond Lien Secured Party, it or they shall be under no obligation (iw) to make, and the First Lien Collateral Agent and the First Lien Secured Parties shall not make, any express or implied representation or warranty, including with respect to the accuracy, completeness, truthfulness or validity of any such information so provided, (x) to provide any additional information or to provide any such information on any subsequent occasion, (iiy) to undertake any investigation or (iiiz) to disclose any information which, pursuant to accepted or reasonable commercial finance practices, such party wishes to maintain confidential or is otherwise required to maintain confidential, so long as the failure to disclose such information will not render information which was disclosed materially misleading.