Common use of Lender Calls Clause in Contracts

Lender Calls. Solely to the extent required by holders of debt securities of the Borrower, the Borrower shall conduct a conference call that the Lenders may attend to discuss the financial condition and results of operations of the Borrower and its Restricted Subsidiaries for the most recently ended measurement period for which financial statements have been delivered pursuant to Section 9.1(a), at a date and time to be determined by the Borrower with reasonable advance notice to the Administrative Agent; provided that if the Borrower is holding a conference call open to the public to discuss the financial condition and results of operations of the Borrower and its Restricted Subsidiaries for the most recently ended measurement period for which financial statements have been delivered pursuant to Section 9.1(a), the Borrower will not be required to hold a second, separate call for the Lenders as long as the Lenders are provided access to such initial conference call and the ability to ask questions thereon. Notwithstanding the foregoing, the obligations in clauses (a) and (b) of this Section 9.1 may be satisfied with respect to financial information of the Borrower and the Restricted Subsidiaries by furnishing (A) the applicable financial statements of any direct or indirect parent of the Borrower or (B) the Form 10-K or 10-Q, as applicable, of the Borrower or any direct or indirect parent of the Borrower, as applicable, filed with the SEC; provided that, with respect to each of subclauses (A) and (B) of this Section 9.1, to the extent such information relates to a parent of the Borrower, such information is accompanied by unaudited consolidating or other information that explains in reasonable detail the differences between the information relating to such parent, on the one hand, and the information relating to the Borrower and the Restricted Subsidiaries on a standalone basis, on the other hand. Documents required to be delivered pursuant to clauses (a), (b), and (f) of this Section 9.1 may be delivered electronically and if so delivered, shall be deemed to have been delivered on the earliest date on which (i) the Borrower posts such documents, or provides a link thereto, on the Borrower’s website on the Internet; (ii) such documents are posted on the Borrower’s behalf on IntraLinks/IntraAgency or another website, if any, to which each Lender and the Administrative Agent have access (whether a commercial, third-party website or whether sponsored by the Administrative Agent), or (iii) such financial statements and/or other documents are posted on the SEC’s website on the internet at xxx.xxx.xxx; provided, that, (A) the Borrower shall, at the request of the Administrative Agent, continue to deliver copies (which delivery may be by electronic transmission) of such documents to the Administrative Agent and (B) the Borrower shall notify (which notification may be by facsimile or electronic transmission) the Administrative Agent of the posting of any such documents on any website described in this paragraph. Each Lender shall be solely responsible for timely accessing posted documents or requesting delivery of paper copies of such documents from the Administrative Agent and maintaining its copies of such documents.

Lender Calls. Solely Within ten Business Days after the delivery of each set of consolidated financial statements referred to in Section 9.1(a) and 9.1(b) above (or such longer period as agreed by the Administrative Agent), to the extent required requested by holders of debt securities of the BorrowerAdministrative Agent, the Borrower shall conduct a conference call that the Lenders (which may attend be password protected) to discuss the such financial condition statements and results of operations of the Borrower and its Restricted Subsidiaries for the most recently ended measurement relevant period for which financial statements have been delivered pursuant (with the time and date of such conference call, together with all information necessary to Section 9.1(a)access the call, at a date and time to be determined by the Borrower with reasonable advance notice provided to the Administrative Agent; provided Agent no fewer than three Business Days prior to the date of such conference call, for posting on the Platform) (it being understood that if the Borrower is holding a any such conference call open may be held jointly with the First Lien Administrative Agent and the Lenders (as defined in the First Lien Credit Agreement) under the First Lien Credit Agreement). Notwithstanding the foregoing, if no similar conference call(s) is required pursuant to the public to discuss the financial condition and results of operations of the Borrower and its Restricted Subsidiaries for the most recently ended measurement period for which financial statements have been delivered First Lien Credit Agreement then such conference call(s) pursuant to this Section 9.1(a), the Borrower will 9.1(h) shall not be required to hold a second, separate call for the Lenders as long as the Lenders are provided access to such initial conference call and the ability to ask questions thereonrequired. Notwithstanding the foregoing, the obligations in clauses (a) and (b) of this Section 9.1 may be satisfied with respect to financial information of the Borrower Borrowers and the Restricted Subsidiaries by furnishing (A) the applicable financial statements of any direct or indirect parent of the Borrower Borrowers or (B) the Form 10-K or 10-Q, as applicable, of the Borrower Borrowers or any direct or indirect parent of the Borrower, as applicable, filed with the SEC; provided provided, that, with respect to each of subclauses (A) and (B) of this Section 9.1, to the extent such information relates to a direct or indirect parent of the BorrowerBorrowers, such information is accompanied by unaudited consolidating or other information that explains in reasonable detail the differences between the information relating to such parent, on the one hand, and the information relating to the Borrower Borrowers and the Restricted Subsidiaries on a standalone basis, on the other hand. Documents required to be delivered pursuant to clauses (a), (b), and (f) of this Section 9.1 may be delivered electronically and if so delivered, shall be deemed to have been delivered on the earliest date on which (i) the Borrower posts Borrowers post such documents, or provides a link thereto, on the Borrower’s Borrowers’ website on the Internet; (ii) such documents are posted on the Borrower’s Borrowers’ behalf on IntraLinks/IntraAgency or another website, if any, to which each Lender and the Administrative Agent have access (whether a commercial, third-party website or whether sponsored by the Administrative Agent), or (iii) such financial statements and/or other documents are posted on the SEC’s website on the internet at xxx.xxx.xxx; provided, that, (A) the Borrower Representative shall, at the request of the Administrative Agent, continue to deliver copies (which delivery may be by electronic transmission) of such documents to the Administrative Agent and (B) the Borrower shall notify (which notification may be by facsimile or electronic transmission) the Administrative Agent of the posting of any such documents on any website described in this paragraph. Each Lender shall be solely responsible for timely accessing posted documents or requesting delivery of paper copies of such documents from the Administrative Agent and maintaining its copies of such documents.and

Lender Calls. Solely Within ten Business Days after the delivery of each set of consolidated financial statements referred to in Section 9.1(a) and 9.1(b) above (or such longer period as agreed by the Administrative Agent), to the extent required requested by holders of debt securities of the BorrowerAdministrative Agent, the Borrower shall conduct a conference call that the Lenders (which may attend be password protected) to discuss the such financial condition statements and results of operations of the Borrower and its Restricted Subsidiaries for the most recently ended measurement relevant period for which financial statements have been delivered pursuant (with the time and date of such conference call, together with all information necessary to Section 9.1(a)access the call, at a date and time to be determined by the Borrower with reasonable advance notice provided to the Administrative Agent; provided that if the Borrower is holding a conference call open Agent no fewer than three Business Days prior to the public to discuss date of such conference call, for posting on the financial condition and results of operations of the Borrower and its Restricted Subsidiaries for the most recently ended measurement period for which financial statements have been delivered pursuant to Section 9.1(aPlatform), the Borrower will not be required to hold a second, separate call for the Lenders as long as the Lenders are provided access to such initial conference call and the ability to ask questions thereon. Notwithstanding the foregoing, the obligations in clauses (a) and (b) of this Section 9.1 may be satisfied with respect to financial information of the Borrower and the Restricted Subsidiaries by furnishing (A) the applicable financial statements of any direct or indirect parent of the Borrower or (B) the Form 10-K or 10-Q, as applicable, of the Borrower or any direct or indirect parent of the Borrower, as applicable, filed with the SEC; provided provided, that, with respect to each of subclauses (A) and (B) of this Section 9.1, to the extent such information relates to a direct or indirect parent of the Borrower, such information is accompanied by unaudited consolidating or other information that explains in reasonable detail the differences between the information relating to such parent, on the one hand, and the information relating to the Borrower and the Restricted Subsidiaries on a standalone basis, on the other hand. Documents required to be delivered pursuant to clauses (a), (b), and (f) of this Section 9.1 may be delivered electronically and if so delivered, shall be deemed to have been delivered on the earliest date on which (i) the Borrower posts such documents, or provides a link thereto, on the Borrower’s website on the Internet; (ii) such documents are posted on the Borrower’s behalf on IntraLinks/IntraAgency or another website, if any, to which each Lender and the Administrative Agent have access (whether a commercial, third-party website or whether sponsored by the Administrative Agent), or (iii) such financial statements and/or other documents are posted on the SEC’s website on the internet at xxx.xxx.xxx; provided, that, (A) the Borrower shall, at the request of the Administrative Agent, continue to deliver copies (which delivery may be by electronic transmission) of such documents to the Administrative Agent and (B) the Borrower shall notify (which notification may be by facsimile or electronic transmission) the Administrative Agent of the posting of any such documents on any website 210 LEGAL_US_E # 167910103.1167910103.8 described in this paragraph. Each Lender shall be solely responsible for timely accessing posted documents or requesting delivery of paper copies of such documents from the Administrative Agent and maintaining its copies of such documents.

Lender Calls. Solely Within 10 Business Days after the date the financial statements described in Sections 5.01(a) for any Fiscal Quarter are required to be delivered, the Borrower shall, to the extent required requested by holders any Lender at least 5 Business Days prior to such deadline, hold a conference call (the reasonable costs of debt securities of holding such call to be paid by the Borrower) with all Lenders who choose to attend such conference call, during which the Borrower shall conduct a conference call that review the Lenders may attend to discuss financial results of such Fiscal Quarter and the financial condition and results of operations of the Borrower and its Restricted Subsidiaries for subsidiaries with respect to the most recently ended measurement period for which financial statements have been recent Financial Plan delivered pursuant to Section 9.1(a)5.01(h) above; provided, at a date and time to be determined by that the Borrower may satisfy its obligations under this clause (o) by participating in a general “earnings” call in connection with reasonable advance notice to the Administrative Agent; provided that if the Borrower is holding a conference call open to the public to discuss delivery of the financial condition and results of operations of the Borrower and its Restricted Subsidiaries for the most recently ended measurement period for which financial statements have been delivered pursuant referred to in Section 9.1(a5.01(a), the Borrower will not be required to hold a second, separate call for the Lenders as long as the Lenders are provided access to such initial conference call and the ability to ask questions thereon. Notwithstanding the foregoing, the obligations in clauses (a) and (b) of this Section 9.1 may be satisfied with respect to financial information of the Borrower and the Restricted Subsidiaries by furnishing (A) the applicable financial statements of any direct or indirect parent of the Borrower or (B) the Form 10-K or 10-Q, as applicable, of the Borrower or any direct or indirect parent of the Borrower, as applicable, filed with the SEC; provided that, with respect to each of subclauses (A) and (B) of this Section 9.1, to the extent such information relates to a parent of the Borrower, such information is accompanied by unaudited consolidating or other information that explains in reasonable detail the differences between the information relating to such parent, on the one hand, and the information relating to the Borrower and the Restricted Subsidiaries on a standalone basis, on the other hand. Documents required to be delivered pursuant to clauses (a), (b), and (f) of this Section 9.1 5.01 may be delivered electronically and if so delivered, shall be deemed to have been delivered on the earliest date on which (i) on which the Borrower (or a representative thereof) (x) posts or files such documents, documents or (y) provides a link thereto, in each case, on EXXXX at wxx.xxx.xxx (or other successor government website that is freely and readily available to the Borrower’s Administrative Notice) or at the website address listed on Schedule 9.01; provided that, other than with respect to items required to be delivered pursuant to Section 5.01(m) above, the InternetBorrower shall promptly notify (which notice may be by facsimile or electronic mail) the Administrative Agent of the posting of any such documents at the foregoing website addresses and provide to the Administrative Agent by electronic mail electronic versions (i.e., soft copies) of such documents; (ii) on which such documents are posted delivered by the Borrower to the Administrative Agent for posting on behalf of the Borrower’s behalf Borrower on IntraLinks/IntraAgency SyndTrak or another relevant website, if any, to which each Lender and the Administrative Agent have access (whether a commercial, third-party website or whether sponsored by the Administrative Agent), ; or (iii) on which such financial statements and/or other documents are posted faxed to the Administrative Agent (or electronically mailed to an address provided by the Administrative Agent). The Borrower hereby acknowledges that (a) the Administrative Agent and/or the Arrangers will make available to the Lenders materials and/or information provided by or on behalf of the Borrower hereunder (collectively, “Borrower Materials”) by posting the Borrower Materials on IntraLinks or another similar electronic system (the “Platform”) and (b) certain of the Lenders (each, a “Public Lender”) may have personnel who do not wish to receive MNPI with respect to the Borrower and its Restricted Subsidiaries, or the respective securities of any of the foregoing, and who may be engaged in investment and other market-related activities with respect to any such Persons’ securities. The Borrower hereby agrees that it will use commercially reasonable efforts to identify that portion of the Borrower Materials that may be distributed to the Public Lenders and that (w) all such Borrower Materials shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the SEC’s website on the internet at xxx.xxx.xxxfirst page thereof; provided, that, (Ax) by marking Borrower Materials “PUBLIC,” the Borrower shall, at the request of shall be deemed to have authorized the Administrative Agent, continue the Arrangers, the L/C Issuers and the Lenders to deliver copies treat such Borrower Materials as not containing any MNPI (which delivery although it may be by electronic transmissionsensitive and proprietary) (provided, however, that to the extent such Borrower Materials constitute Information, they shall be treated as set forth in Section 9.13); (y) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of such documents to the Platform designated “Public Side Information;” and (z) the Administrative Agent and (B) the Arrangers shall treat any Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform not designated “Public Side Information.” Notwithstanding the foregoing, the Borrower shall notify not be under any obligation to mxxx any Borrower Materials “PUBLIC.” The Borrower agrees that (which notification i) any Loan Documents, (ii) any financial statements delivered pursuant to Section 5.01 and (iii) any Compliance Certificates (excluding any annual budget required to be delivered pursuant to Section 5.01(h) to the extent attached to any Compliance Certificate) delivered pursuant to Section 5.01(c) will, in each case, be deemed to be “public-side” Borrower Materials and may be by facsimile or electronic transmissionmade available to Public Lenders; provided, however, that to the extent the Borrower believes in good faith that any Compliance Certificate (excluding any annual budget) contains MNPI, and the Borrower so advises the Administrative Agent in writing at the time of the posting of any such documents on any website described in this paragraph. Each Lender shall be solely responsible for timely accessing posted documents or requesting delivery of paper copies of such documents from Compliance Certificate, such Compliance Certificate shall not be deemed to be “public-side” Borrower Materials, but the Borrower shall promptly provide the Administrative Agent and maintaining its copies with a version of such documentsCompliance Certificate that redacts any portions thereof that contain MNPI so that such redacted version may be “public-side” Borrower Material.

Lender Calls. Solely Following receipt by the Borrower of a request by the Administrative Agent (which request may only be given by the Administrative Agent to the extent required by holders of debt securities Borrower no later than 30 days following delivery of the BorrowerAnnual Financial Statements pursuant to Section 5.04(a)), use commercially reasonable efforts to hold an update call (which call shall take place on or prior to the Property in an aggregate outstanding principal amount not to exceed, at the time of incurrence of such Indebtedness (and after giving effect thereto), and together with the Remaining Present Value of outstanding leases entered into pursuant to Section 6.03, the Borrower shall conduct a conference call that the Lenders may attend to discuss the financial condition greater of (i) $75.0 million and results (ii) 4.5% of operations Consolidated Total Assets as of the Borrower and its Restricted Subsidiaries for end of the most recently ended measurement period fiscal quarter immediately prior to the date such Indebtedness is incurred for which financial statements Required Financial Statements have been delivered pursuant to Section 9.1(a)5.04, at a date and time any Permitted Refinancing Indebtedness incurred to be determined by the Borrower with reasonable advance notice to the Administrative AgentRefinance such Indebtedness; provided that if (i) such Indebtedness shall be incurred within 270 days after the Borrower is holding a conference call open to the public to discuss the financial condition and results of operations acquisition, lease or improvement of the Borrower property that is the subject of such Indebtedness and its Restricted Subsidiaries for (ii) the most recently ended measurement period for which financial statements have been delivered Remaining Present Value of outstanding leases entered into pursuant to Section 9.1(a), 6.03 shall not apply for purposes of calculating Permitted Indebtedness under this clause (j) or permitted Sale and Lease-Back Transactions under Section 6.03 if the Borrower will not be required to hold a second, separate call for the Lenders as long as the Lenders are provided access to such initial conference call and the ability to ask questions thereon. Notwithstanding the foregoing, the obligations in clauses (a) and (b) of this Section 9.1 may be satisfied with respect to financial information proceeds of the Borrower related Sale and the Restricted Subsidiaries by furnishing (A) the applicable financial statements of any direct Lease-Back Transactions are used to prepay Term Loans or indirect parent of the Borrower Revolving Loans or (B) the Form 10-K or 10-Q, as applicable, of the Borrower FILO Loans or any direct or indirect parent of the Borrower, as applicable, filed with the SEC; provided that, with respect to Incremental Revolving Commitments (in each of subclauses (A) and (B) of this Section 9.1case, to the extent such information relates to a parent of the Borrower, such information is accompanied by unaudited consolidating or other information that explains commitments in reasonable detail the differences between the information relating to such parent, on the one hand, and the information relating to the Borrower and the Restricted Subsidiaries on a standalone basis, on the other hand. Documents required to be delivered pursuant to clauses (a), (b), and (f) of this Section 9.1 may be delivered electronically and if so delivered, shall be deemed to have been delivered on the earliest date on which (i) the Borrower posts such documents, or provides a link thereto, on the Borrower’s website on the Internet; (ii) such documents respect thereof are posted on the Borrower’s behalf on IntraLinks/IntraAgency or another website, if any, to which each Lender and the Administrative Agent have access (whether a commercial, third-party website or whether sponsored permanently reduced by the Administrative Agent), or (iii) such financial statements and/or other documents are posted on the SEC’s website on the internet at xxx.xxx.xxx; provided, that, (A) the Borrower shall, at the request of the Administrative Agent, continue to deliver copies (which delivery may be by electronic transmission) amount of such documents to the Administrative Agent and (B) the Borrower shall notify (which notification may be by facsimile or electronic transmission) the Administrative Agent of the posting of any such documents on any website described in this paragraph. Each Lender shall be solely responsible for timely accessing posted documents or requesting delivery of paper copies of such documents from the Administrative Agent and maintaining its copies of such documents.prepayments);

Lender Calls. Solely Within ten Business Days after the delivery of each set of consolidated financial statements referred to in Section 9.1(a) and 9.1(b) above (or such longer period as agreed by the Administrative Agent), to the extent required requested by holders of debt securities of the BorrowerAdministrative Agent, the Borrower shall conduct a conference call that the Lenders (which may attend be password protected) to discuss the such financial condition statements and results of operations of the Borrower and its Restricted Subsidiaries for the most recently ended measurement relevant period for which financial statements have been delivered pursuant (with the time and date of such conference call, together with all information necessary to Section 9.1(a)access the call, at a date and time to be determined by the Borrower with reasonable advance notice provided to the Administrative Agent; provided that if the Borrower is holding a conference call open Agent no fewer than three Business Days prior to the public to discuss date of such conference call, for posting on the financial condition and results of operations of the Borrower and its Restricted Subsidiaries for the most recently ended measurement period for which financial statements have been delivered pursuant to Section 9.1(aPlatform), the Borrower will not be required to hold a second, separate call for the Lenders as long as the Lenders are provided access to such initial conference call and the ability to ask questions thereon. Notwithstanding the foregoing, the obligations in clauses (a) and (b) of this Section 9.1 may be satisfied with respect to financial information of the Borrower and the Restricted Subsidiaries by furnishing (A) the applicable financial statements of any direct or indirect parent of the Borrower or (B) the Form 10-K or 10-Q, as applicable, of the Borrower or any direct or indirect parent of the Borrower, as applicable, filed with the SEC; provided provided, that, with respect to each of subclauses (A) and (B) of this Section 9.1, to the extent such information relates to a direct or indirect parent of the Borrower, such information is accompanied by unaudited consolidating or other information that explains in reasonable detail the differences between the information relating to such parent, on the one hand, and the information relating to the Borrower and the Restricted Subsidiaries on a standalone basis, on the other hand. Documents required to be delivered pursuant to clauses (a), (b), and (f) of this Section 9.1 may be delivered electronically and if so delivered, shall be deemed to have been delivered on the earliest date on which (i) the Borrower posts such documents, or provides a link thereto, on the Borrower’s website on the Internet; (ii) such documents are posted on the Borrower’s behalf on IntraLinks/IntraAgency or another website, if any, to which each Lender and the Administrative Agent have access (whether a commercial, third-party website or whether sponsored by the Administrative Agent), or (iii) such financial statements and/or other documents are posted on the SEC’s website on the internet at xxx.xxx.xxx; provided, that, (A) the Borrower shall, at the request of the Administrative Agent, continue to deliver copies (which delivery may be by electronic transmission) of such documents to the Administrative Agent and (B) the Borrower shall notify (which notification may be by facsimile or electronic transmission) the Administrative Agent of the posting of any such documents on any website described in this paragraph. Each Lender shall be solely responsible for timely accessing posted documents or requesting delivery of paper copies of such documents from the Administrative Agent and maintaining its copies of such documents.

Lender Calls. Solely Within ten Business Days after the delivery of each set of consolidated financial statements referred to in Section 9.1(a) and 9.1(b) above (or such longer period as agreed by the Administrative Agent), to the extent required requested by holders of debt securities of the BorrowerAdministrative Agent, the Borrower shall conduct a conference call that the Lenders (which may attend be password protected) to discuss the such financial condition statements and results of operations of the Borrower and its Restricted Subsidiaries for the most recently ended measurement relevant period for which financial statements have been delivered pursuant (with the time and date of such conference call, together with all information necessary to Section 9.1(a)access the call, at a date and time to be determined by the Borrower with reasonable advance notice 159 provided to the Administrative Agent; provided Agent no fewer than three Business Days prior to the date of such conference call, for posting on the Platform) (it being understood that if the Borrower is holding a any such conference call open may be held jointly with the First Lien Administrative Agent and the Lenders (as defined in the First Lien Credit Agreement) under the First Lien Credit Agreement). Notwithstanding the foregoing, if no similar conference call(s) is required pursuant to the public to discuss the financial condition and results of operations of the Borrower and its Restricted Subsidiaries for the most recently ended measurement period for which financial statements have been delivered First Lien Credit Agreement then such conference call(s) pursuant to this Section 9.1(a), the Borrower will 9.1(h) shall not be required to hold a second, separate call for the Lenders as long as the Lenders are provided access to such initial conference call and the ability to ask questions thereonrequired. Notwithstanding the foregoing, the obligations in clauses (a) and (b) of this Section 9.1 may be satisfied with respect to financial information of the Borrower Borrowers and the Restricted Subsidiaries by furnishing (A) the applicable financial statements of any direct or indirect parent of the Borrower Borrowers or (B) the Form 10-K or 10-Q, as applicable, of the Borrower Borrowers or any direct or indirect parent of the Borrower, as applicable, filed with the SEC; provided provided, that, with respect to each of subclauses (A) and (B) of this Section 9.1, to the extent such information relates to a direct or indirect parent of the BorrowerBorrowers, such information is accompanied by unaudited consolidating or other information that explains in reasonable detail the differences between the information relating to such parent, on the one hand, and the information relating to the Borrower Borrowers and the Restricted Subsidiaries on a standalone basis, on the other hand. Documents required to be delivered pursuant to clauses (a), (b), and (f) of this Section 9.1 may be delivered electronically and if so delivered, shall be deemed to have been delivered on the earliest date on which (i) the Borrower posts Borrowers post such documents, or provides a link thereto, on the Borrower’s Borrowers’ website on the Internet; (ii) such documents are posted on the Borrower’s Borrowers’ behalf on IntraLinks/IntraAgency or another website, if any, to which each Lender and the Administrative Agent have access (whether a commercial, third-party website or whether sponsored by the Administrative Agent), or (iii) such financial statements and/or other documents are posted on the SEC’s website on the internet at xxx.xxx.xxxwxx.xxx.xxx; provided, that, (A) the Borrower Representative shall, at the request of the Administrative Agent, continue to deliver copies (which delivery may be by electronic transmission) of such documents to the Administrative Agent and (B) the Borrower Representative shall notify (which notification may be by facsimile or electronic transmission) the Administrative Agent of the posting of any such documents on any website described in this paragraph. Each Lender shall be solely responsible for timely accessing posted documents or requesting delivery of paper copies of such documents from the Administrative Agent and maintaining its copies of such documents.

Lender Calls. Solely Within 10 Business Days after the date the financial statements described in Sections 5.01(a) for any Fiscal Quarter are required to be delivered, the Borrower shall, to the extent required requested by holders any Lender at least 5 Business Days prior to such deadline, hold a conference call (the reasonable costs of debt securities of holding such call to be paid by the Borrower) with all Lenders who choose to attend such conference call, during which the Borrower shall conduct a conference call that review the Lenders may attend to discuss financial results of such Fiscal Quarter and the financial condition and results of operations of the Borrower and its Restricted Subsidiaries for subsidiaries with respect to the most recently ended measurement period for which financial statements have been recent Financial Plan delivered pursuant to Section 9.1(a)5.01(h) above; provided, at a date and time to be determined by that the Borrower may satisfy its obligations under this clause (o) by participating in a general “earnings” call in connection with reasonable advance notice to the Administrative Agent; provided that if the Borrower is holding a conference call open to the public to discuss delivery of the financial condition and results of operations of the Borrower and its Restricted Subsidiaries for the most recently ended measurement period for which financial statements have been delivered pursuant referred to in Section 9.1(a5.01(a), the Borrower will not be required to hold a second, separate call for the Lenders as long as the Lenders are provided access to such initial conference call and the ability to ask questions thereon. Notwithstanding the foregoing, the obligations in clauses (a) and (b) of this Section 9.1 may be satisfied with respect to financial information of the Borrower and the Restricted Subsidiaries by furnishing (A) the applicable financial statements of any direct or indirect parent of the Borrower or (B) the Form 10-K or 10-Q, as applicable, of the Borrower or any direct or indirect parent of the Borrower, as applicable, filed with the SEC; provided that, with respect to each of subclauses (A) and (B) of this Section 9.1, to the extent such information relates to a parent of the Borrower, such information is accompanied by unaudited consolidating or other information that explains in reasonable detail the differences between the information relating to such parent, on the one hand, and the information relating to the Borrower and the Restricted Subsidiaries on a standalone basis, on the other hand. Documents required to be delivered pursuant to clauses (a), (b), and (f) of this Section 9.1 5.01 may be delivered electronically and if so delivered, shall be deemed to have been delivered on the earliest date on which (i) on which the Borrower (or a representative thereof) (x) posts or files such documents, documents or (y) provides a link thereto, in each case, on XXXXX at xxx.xxx.xxx (or other successor government website that is freely and readily available to the Borrower’s Administrative Notice) or at the website address listed on Schedule 9.01; provided that, other than with respect to items required to be delivered pursuant to Section 5.01(m) above, the InternetBorrower shall promptly notify (which notice may be by facsimile or electronic mail) the Administrative Agent of the posting of any such documents at the foregoing website addresses and provide to the Administrative Agent by electronic mail electronic versions (i.e., soft copies) of such documents; (ii) on which such documents are posted delivered by the Borrower to the Administrative Agent for posting on behalf of the Borrower’s behalf Borrower on IntraLinks/IntraAgency SyndTrak or another relevant website, if any, to which each Lender and the Administrative Agent have access (whether a commercial, third-party website or whether sponsored by the Administrative Agent), ; or (iii) on which such financial statements and/or other documents are posted faxed to the Administrative Agent (or electronically mailed to an address provided by the Administrative Agent). The Borrower hereby acknowledges that (a) the Administrative Agent and/or the Arrangers will make available to the Lenders materials and/or information provided by or on behalf of the Borrower hereunder (collectively, “Borrower Materials”) by posting the Borrower Materials on IntraLinks or another similar electronic system (the “Platform”) and (b) certain of the Lenders (each, a “Public Lender”) may have personnel who do not wish to receive MNPI with respect to the Borrower and its Restricted Subsidiaries, or the respective securities of any of the foregoing, and who may be engaged in investment and other market-related activities with respect to any such Persons’ securities. The 103 Borrower hereby agrees that it will use commercially reasonable efforts to identify that portion of the Borrower Materials that may be distributed to the Public Lenders and that (w) all such Borrower Materials shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the SEC’s website on the internet at xxx.xxx.xxxfirst page thereof; provided, that, (Ax) by marking Borrower Materials “PUBLIC,” the Borrower shall, at the request of shall be deemed to have authorized the Administrative Agent, continue the Arrangers, the L/C Issuers and the Lenders to deliver copies treat such Borrower Materials as not containing any MNPI (which delivery although it may be by electronic transmissionsensitive and proprietary) (provided, however, that to the extent such Borrower Materials constitute Information, they shall be treated as set forth in Section 9.13); (y) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of such documents to the Platform designated “Public Side Information;” and (z) the Administrative Agent and (B) the Arrangers shall treat any Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform not designated “Public Side Information.” Notwithstanding the foregoing, the Borrower shall notify not be under any obligation to mark any Borrower Materials “PUBLIC.” The Borrower agrees that (which notification i) any Loan Documents, (ii) any financial statements delivered pursuant to Section 5.01 and (iii) any Compliance Certificates (excluding any annual budget required to be delivered pursuant to Section 5.01(h) to the extent attached to any Compliance Certificate) delivered pursuant to Section 5.01(c) will, in each case, be deemed to be “public-side” Borrower Materials and may be by facsimile or electronic transmissionmade available to Public Lenders; provided, however, that to the extent the Borrower believes in good faith that any Compliance Certificate (excluding any annual budget) contains MNPI, and the Borrower so advises the Administrative Agent in writing at the time of the posting of any such documents on any website described in this paragraph. Each Lender shall be solely responsible for timely accessing posted documents or requesting delivery of paper copies of such documents from Compliance Certificate, such Compliance Certificate shall not be deemed to be “public-side” Borrower Materials, but the Borrower shall promptly provide the Administrative Agent and maintaining its copies with a version of such documentsCompliance Certificate that redacts any portions thereof that contain MNPI so that such redacted version may be “public-side” Borrower Material.

Lender Calls. Solely Prior to an IPO, to the extent required requested by holders of debt securities of the BorrowerAdministrative Agent, the Borrower shall conduct a quarterly conference call that calls with management of the Borrower and the Lenders may attend (at such times as reasonably agreed by the Borrower and the Administrative Agent) to discuss the financial condition and results of operations of the Borrower and its Restricted Subsidiaries for the most recently ended measurement period for which financial statements have been delivered pursuant to Section 9.1(a), at a date and time to be determined by the Borrower with reasonable advance notice to the Administrative Agent; provided that if the Borrower is holding a conference call open to the public to discuss the financial condition and results of operations of the Borrower and its Restricted Subsidiaries for the most recently ended measurement period for which financial statements have been delivered pursuant to Section 9.1(a), the Borrower will not be required to hold a second, separate call for the Lenders as long as the Lenders are provided access to such initial conference call and the ability to ask questions thereon. Notwithstanding the foregoing, the obligations in clauses (a) and (b) of this Section 9.1 may be satisfied with respect to financial information performance of the Borrower and the Restricted Subsidiaries by furnishing (A) the applicable financial statements of any direct or indirect parent of the Borrower or (B) the Form 10-K or 10-Q, as applicable, of the Borrower or any direct or indirect parent of the Borrower, as applicable, filed with the SEC; provided that, with respect to each of subclauses (A) and (B) of this Section 9.1, to the extent such information relates to a parent of the Borrower, such information is accompanied by unaudited consolidating or other information that explains in reasonable detail the differences between the information relating to such parent, on the one hand, and the information relating to the Borrower and the Restricted Subsidiaries on a standalone basis, on the other handSubsidiaries. Documents required to be delivered pursuant to clauses (a), (b), and (fg) of this Section 9.1 (to the extent any such documents are included in materials otherwise filed with the SEC) may be delivered electronically and if so delivered, shall be deemed to have been delivered on the earliest date on which (i) the Borrower posts such documents, or provides a link thereto, thereto on the Borrower’s website on the Internet; (ii) such documents are posted on the Borrower’s behalf on IntraLinks/IntraAgency or another website, if any, to which each Lender and the Administrative Agent have access (whether a commercial, third-party website or whether sponsored by the Administrative Agent), or (iii) such financial statements and/or other documents are posted on the SEC’s website on the internet at xxx.xxx.xxx; provided, that, provided that (A) the Borrower shall, at the request of the Administrative Agent, continue to deliver copies (which delivery may be by electronic transmission) of such documents to the Administrative Agent and (B) the Borrower shall notify (which notification may be by facsimile or electronic transmission) the Administrative Agent of the posting of any such documents on any website described in this paragraph. Each Lender shall be solely responsible for timely accessing posted documents or requesting delivery of paper copies of such documents from the Administrative Agent and maintaining its copies of such documents. Notwithstanding the foregoing, the obligations in paragraphs (a) and (b) of this Section may be satisfied with respect to financial information of the Borrower and its Restricted Subsidiaries by furnishing (A) the Form 10-K or 10-Q (or the equivalent), as applicable, of the Borrower (or a parent company thereof) filed with the SEC or with a similar regulatory authority in a foreign jurisdiction or (B) the applicable financial statements of Holdings (or any direct or indirect parent of Holdings); provided that to the extent such information relates to a parent of the Borrower, such information is accompanied by consolidating information, which may be unaudited, that explains in reasonable detail the differences between the information relating to such parent, on the one hand, and the information relating to the Borrower and its Restricted Subsidiaries on a stand-alone basis, on the other hand. Each Credit Party hereby acknowledges and agrees that, unless the Borrower notifies the Administrative Agent in advance, all financial statements and certificates furnished pursuant to Sections 9.1(a), (b) and (d) above are hereby deemed to be suitable for distribution, and to be made available, to all Lenders and may be treated by the Administrative Agent and the Lenders as not containing any material nonpublic information.