Common use of Platform Clause in Contracts

Platform. (a) ▇▇▇▇▇▇▇▇ agrees that Administrative Agent and ▇▇▇▇ Lead Arranger may, but shall not be obligated to, make the Communications (as defined below) available to the Lenders by posting the Communications on Debt Domain, IntraLinks, Syndtrak or a substantially similar electronic transmission system (the “Platform”). (b) Borrower hereby acknowledges that certain of the Lenders (each, a “Public Lender”) may have personnel who do not wish to receive material non-public information with respect to Borrower or its Affiliates, or the respective securities of any of the foregoing, and who may be engaged in investment and other market-related activities with respect to such Persons’ securities. Borrower hereby agrees that (i) all Communications that are to be made available to Public Lenders shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (ii) by marking Communications “PUBLIC,” Borrower shall be deemed to have authorized Administrative Agent, the Lenders, and Sole Lead Arranger to treat such Communications as not containing any material non-public information with respect to Borrower or any Affiliate thereof or their respective securities for purposes of United States federal and state securities laws; (iii) all Communications marked “PUBLIC” are permitted to be made available through the Platform; and (iv) Administrative Agent and Sole Lead Arranger shall be entitled to treat any Communications that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform designated as “Non-Public Information.” (c) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the accuracy or completeness of the Communications or the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall Administrative Agent, Sole Lead Arranger, or any of their Affiliates (collectively, the “Agent Parties”) have any liability to Borrower, any Lender or any other Person for losses, claims, damages, liabilities or expenses of any kind (whether in tort, contract or otherwise) arising out of Borrower’s or Agent Party’s transmission or posting of Borrower Information through the Platform or via email, except to the extent that such losses, claims, damages, liabilities or expenses are determined by a court of competent jurisdiction by a final and non-appealable judgment to have resulted from the gross negligence or willful misconduct of such Agent Party; provided, however, that in no event shall any Agent Party have any liability to Borrower, any Lender or any other Person for indirect, special, incidental, consequential or punitive damages (as opposed to direct or actual damages). “

Platform. (ai) ▇▇▇▇▇▇▇▇ Each of the Borrower agrees that the Administrative Agent and ▇▇▇▇ Lead Arranger may, but shall not be obligated to, make the Communications (as defined below) available to the L/C Issuer and the other Lenders by posting the Communications on Debt Domain, IntraLinks, Syndtrak or a substantially similar electronic transmission system (the “Platform”). (b) Borrower hereby acknowledges Platform and that certain of the Lenders (each, a “Public Lender”) may have personnel who do not wish to receive material non-public information with respect to Borrower the Borrowers or its their Affiliates, or the respective securities of any of the foregoing, and who may be engaged in investment and other market-related activities with respect to such Persons’ securities. . (ii) Each Borrower hereby acknowledges hereby agrees that so long as any Borrower is the issuer of any outstanding debt or equity securities that are registered or issued pursuant to a private offering or is actively contemplating issuing any such securities it will use commercially reasonable efforts to identify that portion of the Communications that may be distributed to the Public Lenders and that: (iA) all such Communications that are to be made available to Public Lenders shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean means that the word “PUBLIC” shall appear prominently on the first page thereof; (iiB) by marking Communications “PUBLIC,” Borrower the Borrowers shall be deemed to have authorized the Administrative Agent, the Lenders, and Sole Lead Arranger and the Lenders to treat such Communications as not containing any material non-public information (although it may be sensitive and proprietary) with respect to any Borrower or any Affiliate thereof or their respective its securities for purposes of United States federal Federal and state securities lawslaws (provided, however, that to the extent such Communications constitute Information, they shall be treated as set forth in Section 10.14); (iiiC) all Communications marked “PUBLIC” are permitted to be made available through a portion of the PlatformPlatform designated “Public Side Information”; and (ivD) the Administrative Agent and Sole the Lead Arranger shall be entitled to treat any Communications that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform not designated as “Non-Public Side Information”.” (ciii) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the accuracy or completeness of the Communications or the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including, without limitation, including any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent, Sole Lead Arranger, Agent or any of their Affiliates its Related Parties (collectively, the “Agent Parties”) have any liability to any Borrower, any Lender or any other Person or entity for lossesdamages of any kind, claimsincluding direct or indirect, special, incidental or consequential damages, liabilities losses or expenses of any kind (whether in tort, contract or otherwise) arising out of any Borrower’s or Agent Partythe Administrative Agent’s transmission or posting of Borrower Information communications through the Platform or via email, except to the extent that such losses, claims, damages, liabilities or expenses are determined by a court of competent jurisdiction by a final and non-appealable judgment to have resulted from the gross negligence or willful misconduct of such Agent Party; provided, however, that in no event shall any Agent Party have any liability to Borrower, any Lender or any other Person for indirect, special, incidental, consequential or punitive damages (as opposed to direct or actual damages). “Platform.

Platform. (i) The Borrower hereby acknowledges that (a) ▇▇▇▇▇▇▇▇ agrees that the Administrative Agent and ▇▇▇▇ Lead Arranger may, but shall not be obligated to, make the Communications (as defined below) available to the Lenders materials and/or information provided by or on behalf of the Borrower hereunder (collectively, “Borrower Materials”) by posting the Communications Borrower Materials on Debt Domain, IntraLinks, Syndtrak Syndtrak, ClearPar or a substantially similar electronic transmission system (the “Platform”). ) and (b) Borrower hereby acknowledges that certain of the Lenders (each, a “Public Lender”) may have personnel who do not wish to receive material non-public information with respect to the Borrower or its Affiliates, or the respective securities of any of the foregoing, and who may be engaged in investment and other market-related activities with respect to such Persons’ securities. The Borrower hereby agrees that (iw) all Communications Borrower Materials that are to be made available to Public Lenders shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (iix) by marking Communications Borrower Materials “PUBLIC,” the Borrower shall be deemed to have authorized the Administrative Agent, Agent and the Lenders, and Sole Lead Arranger Lenders to treat such Communications Borrower Materials as not containing any material non-public information with respect to the Borrower or any Affiliate thereof or their respective its securities for purposes of United States federal Federal and state securities lawslaws (provided, however, that to the extent such Borrower Materials constitute Information, they shall be treated as set forth in Section 9.19); (iiiy) all Communications Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform; Platform designated “Public Side Information;” and (ivz) the Administrative Agent and Sole Lead Arranger shall be entitled to treat any Communications Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform not designated as “Non-Public Side Information.” Notwithstanding the foregoing, the Borrower shall be under no obligation to ▇▇▇▇ any Borrower Materials “PUBLIC.” (cii) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the accuracy or completeness of the Communications or the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent, Sole Lead Arranger, Agent or any of their Affiliates its Related Parties (collectively, the “Agent Parties”) have any liability to the Borrower, any Lender or any other Person or entity for lossesdamages of any kind, claimsincluding, without limitation, direct or indirect, special, incidental or consequential damages, liabilities losses or expenses of any kind (whether in tort, contract or otherwise) arising out of the Borrower’s or Agent Partythe Administrative Agent’s transmission or posting of Borrower Information communications through the Platform Platform. “Communications” means, collectively, any notice, demand, communication, information, document or via email, except other material provided by or on behalf of the Borrower pursuant to any Loan Document or the transactions contemplated therein which is distributed to the extent that such losses, claims, damages, liabilities Administrative Agent or expenses are determined by a court of competent jurisdiction by a final and non-appealable judgment to have resulted from the gross negligence or willful misconduct of such Agent Party; provided, however, that in no event shall any Agent Party have any liability to Borrower, any Lender or any other Person for indirectby means of electronic communications pursuant to this Section, special, incidental, consequential or punitive damages (as opposed to direct or actual damages). “including through the Platform.

Platform. (ai) ▇▇▇▇▇▇▇▇ The Borrower agrees that the Administrative Agent and ▇▇▇▇ Lead Arranger may, but shall not be obligated to, make the Communications (as defined below) available to the L/C Issuer and the other Lenders by posting the Communications on Debt Domain, IntraLinks, Syndtrak or a substantially similar electronic transmission system (the “Platform”). (b) Borrower hereby acknowledges Platform and that certain of the Lenders (each, a “Public Lender”) may have personnel who do not wish to receive material non-public information with respect to Borrower the Loan Parties or its their Affiliates, or the respective securities of any of the foregoing, and who may be engaged in investment and other market-related activities with respect to such Persons’ securities. . (ii) The Borrower hereby acknowledges hereby agrees that so long as any Loan Party is the issuer of any outstanding debt or equity securities that are registered or issued pursuant to a private offering or is actively contemplating issuing any such securities it will use commercially reasonable efforts to identify that portion of the Communications that may be distributed to the Public Lenders and that: (A) all such Communications (i) all Communications that are to be made available to Public Lenders shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean means that the word “PUBLIC” shall appear prominently on the first page thereof; (iiB) by marking such Communications (ii) “PUBLIC,” the Borrower shall be deemed to have authorized the Administrative Agent, Lead Arrangers and the Lenders, and Sole Lead Arranger Lenders to treat such Communications as not containing any material non-public information (although it may be sensitive and proprietary) with respect to Borrower any Loan Party or any Affiliate thereof or their respective its securities for purposes of United States federal Federal and state securities lawslaws (provided, however, that to the extent such Communications constitute Information, they shall be treated as set forth in Section 10.14); (iiiC) all Communications marked “PUBLIC” are permitted to be made available through a portion of the PlatformPlatform designated “Public Side Information”; and (ivD) the Administrative Agent and Sole the Lead Arranger Arrangers shall be entitled to treat any Communications that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform not designated as “Non-Public Side Information”.” (ciii) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the accuracy or completeness of the Communications or the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including, without limitation, including any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent, Sole Lead Arranger, Agent or any of their Affiliates its Related Parties (collectively, the “Agent Parties”) have any liability to Borrowerthe Borrower or the other Loan Parties, any Lender or any other Person or entity for lossesdamages of any kind, claimsincluding direct or indirect, special, incidental or consequential damages, liabilities losses or expenses of any kind (whether in tort, contract or otherwise) arising out of Borrowerany Loan Party’s or Agent Partythe Administrative Agent’s transmission or posting of Borrower Information communications through the Platform or via email, except to the extent that such losses, claims, damages, liabilities or expenses are determined by a court of competent jurisdiction by a final and non-appealable judgment to have resulted from the gross negligence or willful misconduct of such Agent Party; provided, however, that in no event shall any Agent Party have any liability to Borrower, any Lender or any other Person for indirect, special, incidental, consequential or punitive damages (as opposed to direct or actual damages). “Platform.

Platform. (ai) ▇▇▇▇▇▇▇▇ Each Borrower agrees that the Administrative Agent and ▇▇▇▇ Lead Arranger may, but shall not be obligated to, make the Communications (as defined below) available to the L/C Issuers and the other Lenders by posting the Communications on Debt Domain, IntraLinks, Syndtrak or a substantially similar electronic transmission system (the “Platform”). (b) Borrower hereby acknowledges Platform and that certain of the Lenders (each, a “Public Lender”) may have personnel who do not wish to receive material non-public information with respect to Borrower the Loan Parties or its their Affiliates, or the respective securities of any of the foregoing, and who may be engaged in investment and other market-related activities with respect to such Persons’ securities. . (ii) Each Borrower hereby acknowledges hereby agrees that so long as any Loan Party is the issuer of any outstanding debt or equity securities that are registered or issued pursuant to a private offering or is actively contemplating issuing any such securities it will use commercially reasonable efforts to identify that portion of the Communications that may be distributed to the Public Lenders and that: (A) all such (i) all Communications that are to be made available to Public Lenders shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean means that the word “PUBLIC” shall appear prominently on the first page thereof; (iiB) by marking Communications (ii) “PUBLIC,” Borrower the Borrowers shall be deemed to have authorized the Administrative Agent, the Lenders, Arrangers and Sole Lead Arranger the Lenders to treat such Communications as not containing any material non-public information (although it may be sensitive and proprietary) with respect to Borrower any Loan Party or any Affiliate thereof or their respective its securities for purposes of United States federal Federal and state securities lawslaws (provided, however, that to the extent such Communications constitute Information, they shall be treated as set forth in Section 10.14); (iiiC) all Communications marked “PUBLIC” are permitted to be made available through a portion of the PlatformPlatform designated “Public Side Information”; and (ivD) the Administrative Agent and Sole Lead Arranger the Arrangers shall be entitled to treat any Communications that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform not designated as “Non-Public Side Information”. The Borrowers acknowledge and agree that the DQ List shall be deemed suitable for posting and may be posted by the Administrative Agent on the Platform, including the portion of the Platform that is designated for Public Lenders.” (ciii) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the accuracy or completeness of the Communications or the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including, without limitation, including any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent, Sole Lead Arranger, Agent or any of their Affiliates its Related Parties (collectively, the “Agent Parties”) have any liability to Borrowerthe Borrowers or the other Loan Parties, any Lender or any other Person or entity for lossesdamages of any kind, claimsincluding direct or indirect, special, incidental or consequential damages, liabilities losses or expenses of any kind (whether in tort, contract or otherwise) arising out of Borrowerany Loan Party’s or Agent Partythe Administrative Agent’s transmission or posting of Borrower Information communications through the Platform or via email, except to the extent that such losses, claims, damages, liabilities or expenses are determined by a court of competent jurisdiction by a final and non-appealable judgment to have resulted from the gross negligence or willful misconduct of such Agent Party; provided, however, that in no event shall any Agent Party have any liability to Borrower, any Lender or any other Person for indirect, special, incidental, consequential or punitive damages (as opposed to direct or actual damages). “Platform.

Platform. Each Borrower hereby acknowledges that (a) ▇▇▇▇▇▇▇▇ agrees that the Administrative Agent and ▇▇▇▇ Lead Arranger may, but shall not be obligated to, will make the Communications (as defined below) available to the Lenders and the Issuing Lenders materials and/or information provided by, or on behalf of, the Borrowers hereunder (collectively, the “Borrower Materials”) by posting the Communications Borrower Materials on Debt Domain, IntraLinks, Syndtrak Intralinks or a substantially another similar electronic transmission system (the “Platform”). ) and (b) Borrower hereby acknowledges that certain of the Lenders may be “public-side” Lenders (i.e., Lenders that do not wish to receive material nonpublic information with respect to the Borrowers or their respective Subsidiaries or the respective securities of any of the foregoing (collectively, “MNPI”) (each, a “Public Lender”) may have personnel who do not wish to receive material non-public information with respect to Borrower or its Affiliates, or the respective securities of any of the foregoing, and who may be engaged in investment and other market-related activities with respect to such Persons’ securities). Each Borrower hereby agrees that (iw) all Communications Borrower Materials that are to be made available to Public Lenders shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; , (iix) by marking Communications Borrower Materials “PUBLIC,” Borrower the Borrowers shall be deemed to have authorized the Administrative Agent, Agent and the Lenders, and Sole Lead Arranger Lenders to treat such Communications Borrower Materials as not containing any material non-public information with respect to Borrower or any Affiliate thereof or their respective securities MNPI for purposes of foreign or United States federal Federal and state securities laws; laws (iiiprovided that to the extent such Borrower Materials constitute Information, they shall be treated as set forth in Section 9.12(b)), (y) all Communications Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform; Platform designated as “Public Investor,” and (ivz) the Administrative Agent and Sole Lead Arranger shall be entitled to treat any Communications Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform designated not marked as “Non-Public Information.” (c) The Platform is provided “as is” and “as availableInvestor.” The Notwithstanding the foregoing, the following Borrower Materials shall be deemed to be marked “PUBLIC,” unless GEO notifies the Administrative Agent Parties promptly that any such document contains MNPI: (as defined belowi) do not warrant the accuracy or completeness Loan Documents, (ii) notification of changes in the terms of the Communications Commitments or the adequacy Loans and (iii) all information delivered pursuant to Section 5.01(a), (b) and (e). Each Public Lender agrees to cause at least one individual at or on behalf of such Public Lender to at all times have selected the “Private Side Information” or similar designation on the content declaration screen of the Platform in order to enable such Public Lender or its delegate, in accordance with such Public Lender’s compliance procedures and applicable law, including United States Federal and state securities laws, to make reference to communications that are not made available through the “Public Side Information” portion of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including, without limitation, any warranty of merchantability, fitness for a particular purpose, that may contain material non-infringement public information with respect to the Borrowers or their respective securities for purposes of thirdUnited States Federal or state securities laws. THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” NEITHER THE ADMINISTRATIVE AGENT NOR ANY OF ITS RELATED PARTIES WARRANTS THE ACCURACY OR COMPLETENESS OF ANY COMMUNICATIONS OR THE ADEQUACY OF THE PLATFORM AND EACH EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN ANY COMMUNICATIONS ON OR THROUGH THE PLATFORM. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD-party rights or freedom from viruses or other code defectsPARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS IS MADE BY THE ADMINISTRATIVE AGENT OR ANY OF ITS RELATED PARTIES IN CONNECTION WITH ANY SUCH COMMUNICATIONS OR THE PLATFORM. IN NO EVENT SHALL THE ADMINISTRATIVE AGENT OR ANY OF ITS RELATED PARTIES HAVE ANY LIABILITY TO ANY BORROWER OR ANY OF THEIR RESPECTIVE AFFILIATES, is made by any Agent Party in connection with ANY CREDIT PARTY OR ANY OTHER PERSON FOR DAMAGES OF ANY KIND, WHETHER OR NOT BASED ON STRICT LIABILITY AND INCLUDING DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES (WHETHER IN TORT, CONTRACT OR OTHERWISE) ARISING OUT OF THE BORROWERS’ OR ANY OF THEIR AFFILIATES’ OR THE ADMINISTRATIVE AGENT’S TRANSMISSION OF COMMUNICATIONS THROUGH THE INTERNET, EXCEPT TO THE EXTENT THE LIABILITY OF ANY SUCH PERSON IS FOUND IN A FINAL RULING BY A COURT OF COMPETENT JURISDICTION TO HAVE RESULTED FROM SUCH PERSON’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. Each Lender agrees that receipt of notice to it (as provided above) specifying that the Communications or the Platform. In no event shall Administrative Agent, Sole Lead Arranger, or any of their Affiliates (collectively, the “Agent Parties”) communications have any liability been posted to Borrower, any Lender or any other Person for losses, claims, damages, liabilities or expenses of any kind (whether in tort, contract or otherwise) arising out of Borrower’s or Agent Party’s transmission or posting of Borrower Information through the Platform or via email, except to the extent that such losses, claims, damages, liabilities or expenses are determined by a court of competent jurisdiction by a final and non-appealable judgment to have resulted from the gross negligence or willful misconduct shall constitute effective delivery of such Agent Party; provided, however, that in no event shall any Agent Party have any liability communications to Borrower, any such Lender or any other Person for indirect, special, incidental, consequential or punitive damages (as opposed to direct or actual damages). “purposes of the Loan Documents.

Platform. (ai) ▇▇▇▇▇▇▇▇ agrees The Borrower hereby acknowledges that the Administrative Agent and ▇▇▇▇ Lead and/or the Arranger may, but shall not be obligated to, make any materials provided by, or on behalf of, any Loan Party hereunder or under any other Loan Document (collectively, the Communications (as defined below“Borrower Materials”) available to the Lenders by posting the Communications Borrower Materials on Debt Domain, IntraLinks, Syndtrak or a substantially similar electronic transmission system (the “Platform”). (bii) The Borrower hereby acknowledges that certain of the Lenders may be “public-side” Lenders (eachi.e., a “Public Lender”) may have personnel who Lenders that do not wish to receive material non-public information with respect to the Borrower or its Affiliatessecurities) (each, or the respective securities of any of the foregoing, and who may be engaged in investment and other market-related activities with respect to such Persons’ securitiesa “Public Lender”). 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 (iw) all Communications that are to be made available to Public Lenders such Borrower Materials shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean means that the word “PUBLIC” shall appear prominently on the first page thereof; (iix) by marking Communications Borrower Materials “PUBLIC,” the Borrower shall be deemed to have authorized the Administrative Agent, the Lenders, Arranger and Sole Lead Arranger the Lenders to treat such Communications Borrower Materials as not containing any material non-public information (although it may be sensitive and proprietary) with respect to the Borrower or any Affiliate thereof or their respective its securities for purposes of United States federal and state securities lawslaws (provided that to the extent such Borrower Materials constitute Information, they shall be treated as set forth in Section 10.7); (iiiy) all Communications Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform; Platform designated “Public Side Information;” and (ivz) the Administrative Agent and Sole Lead the Arranger shall be entitled to treat any Communications Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform not designated as “Non-Public Side Information.” (ciii) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the accuracy or completeness adequacy of the Communications Borrower Materials or the adequacy of the Platform and expressly disclaim liability for errors or omissions in the CommunicationsBorrower Materials. No warranty of any kind, express, implied or statutory, including, without limitation, including any warranty of merchantability, fitness for a particular purpose, non-infringement of third-third party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications Borrower Materials or the Platform. In no event shall the Administrative Agent, Sole Lead Arranger, Agent or any of their Affiliates its Related Parties (collectively, the “Agent Parties”) have any liability to the Borrower, any other Loan Party, any Lender or any other Person for lossesdamages of any kind, claimsincluding direct or indirect, special, incidental or consequential damages, liabilities losses or expenses of any kind (whether in tort, contract or otherwise) arising out of the Borrower’s, any other Loan Party’s or any Agent Party’s transmission or posting of Borrower Information communications through the Platform or via email, except to the extent that such losses, claims, damages, liabilities or expenses are determined by a court of competent jurisdiction by a final and non-appealable judgment to have resulted from the gross negligence or willful misconduct of such Agent Party; provided, however, that in no event shall any Agent Party have any liability to Borrower, any Lender or any other Person for indirect, special, incidental, consequential or punitive damages (as opposed to direct or actual damages). “Platform.

Platform. (ai) ▇▇▇▇▇▇▇▇ agrees The Borrower that the Administrative Agent and ▇▇▇▇ Lead Arranger may, but shall not be obligated to, make the Communications (as defined below) available to the L/C Issuer and the other Lenders by posting the Communications on Debt Domain, IntraLinks, Syndtrak or a substantially similar electronic transmission system (the “Platform”). (b) Borrower hereby acknowledges Platform and that certain of the Lenders (each, a “Public Lender”) may have personnel who do not wish to receive material non-public information with respect to Borrower the Loan Parties or its their Affiliates, or the respective securities of any of the foregoing, and who may be engaged in investment and other market-related activities with respect to such Persons’ securities. . (ii) The Borrower hereby agrees that so long as any Loan Party is the issuer of any outstanding debt or equity securities that are registered or issued pursuant to a private offering or is actively contemplating issuing any such securities it will use commercially reasonable efforts to identify that portion of the Communications that may be distributed to the Public Lenders and that: (A) all such (i) all Communications that are to be made available to Public Lenders shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean means that the word “PUBLIC” shall appear prominently on the first page thereof; (iiB) by marking Communications (ii) “PUBLIC,” the Borrower shall be deemed to have authorized the Administrative Agent, the Lenders, and Sole Lead Arranger and the Lenders to treat such Communications as not containing any material non-public information (although it may be sensitive and proprietary) with respect to Borrower any Loan Party or any Affiliate thereof or their respective its securities for purposes of United States federal Federal and state securities lawslaws (provided, however, that to the extent such Communications constitute Information, they shall be treated as set forth in Section 10.14); (iiiC) all Communications marked “PUBLIC” are permitted to be made available through a portion of the PlatformPlatform designated “Public Side Information”; and (ivD) the Administrative Agent and Sole the Lead Arranger shall be entitled to treat any Communications that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform not designated as “Non-Public Side Information”.” (ciii) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the accuracy or completeness of the Communications or the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including, without limitation, including any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent, Sole Lead Arranger, Agent or any of their Affiliates its Related Parties (collectively, the “Agent Parties”) have any liability to Borrowerthe Borrower or the other Loan Parties, any Lender or any other Person or entity for lossesdamages of any kind, claimsincluding direct or indirect, special, incidental or consequential damages, liabilities losses or expenses of any kind (whether in tort, contract or otherwise) arising out of Borrowerany Loan Party’s or Agent Partythe Administrative Agent’s transmission or posting of Borrower Information communications through the Platform or via email, except to the extent that such losses, claims, damages, liabilities or expenses are determined by a court of competent jurisdiction by a final and non-appealable judgment to have resulted from the gross negligence or willful misconduct of such Agent Party; provided, however, that in no event shall any Agent Party have any liability to Borrower, any Lender or any other Person for indirect, special, incidental, consequential or punitive damages (as opposed to direct or actual damages). “Platform.

Platform. (ai) ▇▇▇▇▇▇▇▇ The Parent (on behalf of itself and each other Loan Party) agrees that (A) the Administrative Agent and ▇▇▇▇ Lead Arranger may, but shall not be obligated to, make the Communications (as defined below) (including of materials and/or information provided by or on behalf of the Parent hereunder (collectively, the “Borrower Materials”)) available to the other Lenders by posting the Communications on Debt Domain, IntraLinksIntralinks, Syndtrak or a substantially similar electronic transmission system (the “Platform”). , and (bB) Borrower hereby acknowledges that certain of the Lenders may be “public-side” Lenders (eachi.e., a “Public Lender”) may have personnel who Lenders that do not wish to receive material non-public information with respect to Borrower the Parent or its Affiliatessecurities) (each, or the respective securities of any of the foregoing, and who may be engaged in investment and other market-related activities with respect to such Persons’ securitiesa “Public Lender”). Borrower The Parent hereby agrees (on behalf of itself and each other Loan Party) that (iw) all Communications Borrower Materials that are to be made available to Public Lenders shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (iix) by marking Communications Borrower Materials “PUBLIC,” Borrower the Parent shall be deemed to have authorized the Administrative Agent, Agent and the Lenders, and Sole Lead Arranger Lenders to treat such Communications Borrower Materials as not containing any material non-public information with respect to Borrower or any Affiliate thereof the Loan Parties or their respective securities for purposes of United States federal and state securities lawslaws (provided, that to the extent such Borrower Materials constitute Information, they shall be treated as set forth in Section 9.12); (iiiy) all Communications Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the PlatformPlatform designated as “Public Investor”; and (ivz) the Administrative Agent and Sole Lead Arranger shall be entitled to treat any Communications Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform designated not marked as “NonPublic Investor.” Notwithstanding the foregoing, the following Borrower Materials shall be marked “PUBLIC”, unless the Parent notifies the Administrative Agent promptly that any such document contains material non-public information: (1) the Loan Documents and (2) any notification of changes in the terms of the Facilities. Each Public Lender agrees to cause at least one individual at or on behalf of such Public Lender to at all times have selected the “Private Side Information” or similar designation on the content declaration screen of the Platform in order to enable such Public Lender or its delegate, in accordance with such Public Lender’s compliance procedures and Applicable Law, including United States Federal and state securities laws, to make reference to Communications that are not made available through the “Public Side Information” portion of the Platform and that may contain material non-public information with respect to the Loan Parties or their securities for purposes of United States Federal or state securities laws.” (cii) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the accuracy or completeness of the Communications or the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including, without limitation, including any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent, Sole Lead Arranger, Agent or any of their Affiliates its Related Parties (collectively, the “Agent Parties”) have any liability to Borrowerthe Parent or the other Loan Parties, any Lender or any other Person or entity for lossesdamages of any kind, claimsincluding direct or indirect, special, incidental, consequential, punitive or exemplary damages, liabilities losses or expenses of any kind (whether in tort, contract or otherwise) arising out of Borrowerthe Parent’s, any other Loan Party’s or Agent Partythe Administrative Agent’s transmission or posting of Borrower Information communications through the Platform or via emailPlatform. “Communications” means, except to the extent that such losses, claims, damages, liabilities or expenses are determined by a court of competent jurisdiction by a final and non-appealable judgment to have resulted from the gross negligence or willful misconduct of such Agent Party; provided, however, that in no event shall any Agent Party have any liability to Borrowercollectively, any Lender notice, demand, communication, information, document or other material provided by or on behalf of the Parent or any other Person for indirectLoan Party pursuant to any Loan Document or the transactions contemplated therein which is distributed to the Administrative Agent or any Lender by means of electronic communications pursuant to this Section, special, incidental, consequential or punitive damages (as opposed to direct or actual damages). “including through the Platform.

Platform. The Borrowers hereby acknowledge that (a) ▇▇▇▇▇▇▇▇ agrees that the Administrative Agent and ▇▇▇▇ Lead Arranger may, but shall not be obligated to, will make the Communications (as defined below) available to the Lenders and the L/C Issuers materials and/or information provided by or on behalf of the Borrowers hereunder (collectively, “Borrower Materials”) by posting the Communications Borrower Materials on Debt Domain, IntraLinks, Syndtrak IntraLinks or a substantially another similar electronic transmission system (the “Platform”). ) and (b) Borrower hereby acknowledges that certain of the Lenders (each, a “Public Lender”) may have personnel who do not wish to receive material non-public information with respect to Borrower the Borrowers or its their respective Affiliates, or the respective securities of any of the foregoing, and who may be engaged in investment and other market-related activities with respect to such Persons’ securities. Borrower The Borrowers hereby agrees agree that (iw) all Communications Borrower Materials that are to be made available to Public Lenders shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (iix) by marking Communications Borrower Materials “PUBLIC,” Borrower ”, the Borrowers shall be deemed to have authorized the Administrative Agent, the Lenders, L/C Issuers and Sole Lead Arranger the Lenders to treat such Communications Borrower Materials as not containing any material non-public information with respect to Borrower the Company or any Affiliate thereof or their its respective securities for purposes of United States federal Federal and state securities lawsLaws (provided, however, that to the extent such Borrower Materials constitute Information, they shall be treated as set forth in Section 11.07); (iiiy) all Communications Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the PlatformPlatform designated “Public Investor”; and (ivz) the Administrative Agent and Sole Lead Arranger shall be entitled to treat any Communications Company Materials that are not marked “PUBLIC” as not being suitable only for posting on a portion of the Platform designated as “Non-Public InformationInvestor”.” (c) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the accuracy or completeness of the Communications or the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall Administrative Agent, Sole Lead Arranger, or any of their Affiliates (collectively, the “Agent Parties”) have any liability to Borrower, any Lender or any other Person for losses, claims, damages, liabilities or expenses of any kind (whether in tort, contract or otherwise) arising out of Borrower’s or Agent Party’s transmission or posting of Borrower Information through the Platform or via email, except to the extent that such losses, claims, damages, liabilities or expenses are determined by a court of competent jurisdiction by a final and non-appealable judgment to have resulted from the gross negligence or willful misconduct of such Agent Party; provided, however, that in no event shall any Agent Party have any liability to Borrower, any Lender or any other Person for indirect, special, incidental, consequential or punitive damages (as opposed to direct or actual damages). “

Platform. (ai) ▇▇▇▇▇▇▇▇ Each Loan Party agrees that the Administrative Agent and ▇▇▇▇ Lead Arranger may, but shall not be obligated to, make the Communications (as defined below) available to the L/C Issuer and the other Lenders by posting the Communications on Debt Domain, IntraLinks, Syndtrak or a substantially similar electronic transmission system (the “Platform”). (b) Borrower hereby acknowledges Platform and that certain of the Lenders (each, a “Public Lender”) may have personnel who do not wish to receive material non-public information with respect to Borrower the Loan Parties or its their Affiliates, or the respective securities of any of the foregoing, and who may be engaged in investment and other market-related activities with respect to such Persons’ securities. Borrower . (ii) Each Loan Party hereby agrees that so long as any Loan Party is the issuer of any outstanding debt or equity securities that are registered or issued pursuant to a private offering or is actively contemplating issuing any such securities it will use commercially reasonable efforts to identify that portion of the Communications that may be distributed to the Public Lenders and that: (A) all such (i) all Communications that are to be made available to Public Lenders shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean means that the word “PUBLIC” shall appear prominently on the first page thereof; (iiB) by marking Communications (ii) “PUBLIC,” the Borrower shall be deemed to have authorized the Administrative Agent, the Lenders, and Sole Lead Arranger and the Lenders to treat such Communications as not containing any material non-public information (although it may be sensitive and proprietary) with respect to Borrower any Loan Party or any Affiliate thereof or their respective its securities for purposes of United States federal Federal and state securities lawslaws (provided, however, that to the extent such Communications constitute Information, they shall be treated as set forth in Section 10.14); (iiiC) all Communications marked “PUBLIC” are permitted to be made available through a portion of the PlatformPlatform designated “Public Side Information”; and (ivD) the Administrative Agent and Sole the Lead Arranger shall be entitled to treat any Communications that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform not designated as “Non-Public Side Information”.” (ciii) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the accuracy or completeness of the Communications or the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including, without limitation, 131 including any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent, Sole Lead Arranger, Agent or any of their Affiliates its Related Parties (collectively, the “Agent Parties”) have any liability to Borrowerthe Borrower or the other Loan Parties, any Lender or any other Person or entity for lossesdamages of any kind, claimsincluding direct or indirect, special, incidental or consequential damages, liabilities losses or expenses of any kind (whether in tort, contract or otherwise) arising out of Borrowerany Loan Party’s or Agent Partythe Administrative Agent’s transmission or posting of Borrower Information communications through the Platform or via emailPlatform, except to the extent that such losses, claims, damages, liabilities or expenses are liability is determined by a court of competent jurisdiction by a final and non-appealable judgment to have resulted from the gross negligence negligence, willful misconduct, fraud or willful misconduct other illegal acts of such any Agent Party; provided, however, that in no event shall any Agent Party have any liability to Borrower, any Lender or any other Person for indirect, special, incidental, consequential or punitive damages (as opposed to direct or actual damages). “.

Platform. (ai) ▇▇▇▇▇▇▇▇ The Borrower (on behalf of itself and each other Loan Party) agrees that (A) the Administrative Agent and ▇▇▇▇ Lead Arranger may, but shall not be obligated to, make the Communications (as defined below) (including of materials and/or information provided by or on behalf of the Borrower hereunder (collectively, the “Borrower Materials”)) available to the Issuing Banks and the other Lenders by posting the Communications on Debt Domainthe Platform, IntraLinks, Syndtrak or a substantially similar electronic transmission system and (the “Platform”). (bB) Borrower hereby acknowledges that certain of the Lenders may be “public-side” Lenders (eachi.e., a “Public Lender”) may have personnel who Lenders that do not wish to receive material non-public information with respect to the Borrower or its Affiliatessecurities) (each, or the respective securities of any of the foregoing, and who may be engaged in investment and other market-related activities with respect to such Persons’ securitiesa “Public Lender”). The Borrower hereby agrees that (iw) all Communications Borrower Materials that are to be made available to Public Lenders shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (iix) by marking Communications Borrower Materials “PUBLIC,” the Borrower shall be deemed to have authorized the Administrative Agent, Agent and the Lenders, and Sole Lead Arranger Lenders to treat such Communications Borrower Materials as not containing any material non-public information with respect to the Borrower or any Affiliate thereof or their respective its securities for purposes of United States federal and state securities lawslaws (provided, that to the extent such Borrower Materials constitute Information, they shall be treated as set forth in Section 9.12); (iiiy) all Communications Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the PlatformPlatform designated as “Public Investor”; and (ivz) the Administrative Agent and Sole Lead Arranger shall be entitled to treat any Communications Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform designated not marked as “NonPublic Investor.” Notwithstanding the foregoing, the following Borrower Materials shall be marked “PUBLIC”, unless the Borrower notifies the Administrative Agent promptly that any such document contains material non-public information: (1) the Loan Documents and (2) any notification of changes in the terms of the Facilities. Each Public Lender agrees to cause at least one individual at or on behalf of such Public Lender to at all times have selected the “Private Side Information” or similar designation on the content declaration screen of the Platform in order to enable such Public Lender or its delegate, in accordance with such Public Lender’s compliance procedures and Applicable Law, including United States Federal and state securities laws, to make reference to Communications that are not made available through the “Public Side Information” portion of the Platform and that may contain material non-public information with respect to the Borrower or its securities for purposes of United States Federal or state securities laws.” (cii) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the accuracy or completeness of the Communications or the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including, without limitation, including any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent, Sole Lead Arranger, Agent or any of their Affiliates its Related Parties (collectively, the “Agent Parties”) have any liability to Borrowerthe Borrower or the other Loan Parties, any Lender or any other Person or entity for lossesdamages of any kind, claimsincluding direct or indirect, special, incidental, consequential, punitive or exemplary damages, liabilities losses or expenses of any kind (whether in tort, contract or otherwise) arising out of the Borrower’s, any other Loan Party’s or Agent Partythe Administrative Agent’s transmission or posting of Borrower Information communications through the Platform Platform. “Communications” means, collectively, any notice, demand, communication, information, document or via email, except other material provided by or on behalf of the Borrower or any other Loan Party pursuant to any Loan Document or the transactions contemplated therein which is distributed to the extent that such losses, claims, damages, liabilities or expenses are determined by a court of competent jurisdiction by a final and non-appealable judgment to have resulted from the gross negligence or willful misconduct of such Agent Party; provided, however, that in no event shall any Agent Party have any liability to BorrowerAdministrative Agent, any Lender or any other Person for indirectIssuing Bank by means of electronic communications pursuant to this Section, special, incidental, consequential or punitive damages (as opposed to direct or actual damages). “including through the Platform.

Platform. (aA) ▇▇▇▇▇▇▇▇ agrees The Borrower hereby acknowledges that (i) the Administrative Agent and ▇▇▇▇ Lead Arranger may, but shall not be obligated to, will make the Communications (as defined below) available to the Lenders materials and/or information provided by or on behalf of the Borrower hereunder (collectively, the “Borrower Materials”) by posting the Communications Borrower Materials on Debt Domain, IntraLinks, Syndtrak Intralinks or a substantially another similar electronic transmission system (the “Platform”). ) and (bii) Borrower hereby acknowledges that certain of the Lenders may be “public-side” Lenders (eachi.e., a “Public Lender”) may have personnel who Lenders that do not wish to receive material non-public information with respect to the Borrower or its Affiliatessecurities) (each, or the respective securities of any of the foregoing, and who may be engaged in investment and other market-related activities with respect to such Persons’ securitiesa “Public Lender”). The Borrower hereby agrees that (iw) all Communications Borrower Materials that are to be made available to Public Lenders shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (iix) by marking Communications Borrower Materials “PUBLIC,” the Borrower shall be deemed to have authorized the Administrative Agent, Agent and the Lenders, and Sole Lead Arranger Lenders to treat such Communications Borrower Materials as not containing any material non-public information with respect to the Borrower or any Affiliate thereof or their respective its securities for purposes of United States federal and state securities lawslaws ; (iiiy) all Communications Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform; Platform designated as “Public Investor;” and (ivz) the Administrative Agent and Sole Lead Arranger shall be entitled to treat any Communications Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform designated not marked as “Non-Public Information.” (c) The Platform is provided “as is” and “as availableInvestor.” The following Borrower Materials shall be marked “PUBLIC”, unless the Borrower notifies the Administrative Agent Parties promptly that any such document contains material non-public information: (as defined below1) do not warrant the accuracy or completeness Transaction Documents and (2) notification of changes in the terms of the Communications or the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall Administrative Agent, Sole Lead Arranger, or any of their Affiliates (collectively, the “Agent Parties”) have any liability to Borrower, any Lender or any other Person for losses, claims, damages, liabilities or expenses of any kind (whether in tort, contract or otherwise) arising out of Borrower’s or Agent Party’s transmission or posting of Borrower Information through the Platform or via email, except to the extent that such losses, claims, damages, liabilities or expenses are determined by a court of competent jurisdiction by a final and non-appealable judgment to have resulted from the gross negligence or willful misconduct of such Agent PartyTransaction Documents; provided, however, that the parties acknowledge and agree that the fees payable hereunder are sensitive proprietary information and shall not be marked, treated as, or considered “PUBLIC” in no event any respect. Notwithstanding anything herein to the contrary, any and all Borrower Materials are subject to the confidentiality provisions of Section 10.16. (B) Each Public Lender agrees to cause at least one individual at or on behalf of such Public Lender to at all times have selected the “Private Side Information” or similar designation on the content declaration screen of the Platform in order to enable such Public Lender or its delegate, in accordance with such Public Lender’s compliance procedures and applicable law, including United States Federal and state securities laws, to make reference to communications that are not made available through the “Public Side Information” portion of the Platform and that may contain material non-public information with respect to any Transaction Party or its securities for purposes of United States Federal or state securities laws. The Borrower shall any Agent Party not have any liability responsibility for such Public Lender’s decision to Borrowerlimit the scope of the information it has obtained in connection with this Agreement and the other Transaction Documents. (C) THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE”. NEITHER THE ADMINISTRATIVE AGENT NOR ANY OF ITS RELATED PARTIES WARRANTS THE ACCURACY OR COMPLETENESS OF THE COMMUNICATIONS OR THE ADEQUACY OF THE PLATFORM AND EACH EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE COMMUNICATIONS. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS IS MADE BY THE ADMINISTRATIVE AGENT OR ANY OF ITS RELATED PARTIES IN CONNECTION WITH THE COMMUNICATIONS OR THE PLATFORM. IN NO EVENT SHALL THE ADMINISTRATIVE AGENT OR ANY OF ITS RELATED PARTIES HAVE ANY LIABILITY TO THE MEMBER, THE BORROWER, ANY LENDER OR ANY OTHER PERSON FOR DAMAGES OF ANY KIND, WHETHER OR NOT BASED ON STRICT LIABILITY AND INCLUDING DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES (WHETHER IN TORT, CONTRACT OR OTHERWISE) ARISING OUT OF THE MEMBER’S, THE BORROWER’S OR THE ADMINISTRATIVE AGENT’S TRANSMISSION OF COMMUNICATIONS THROUGH THE PLATFORM, ANY OTHER ELECTRONIC PLATFORM OR ELECTRONIC MESSAGING SERVICE OR THROUGH THE INTERNET, EXCEPT TO THE EXTENT THE LIABILITY OF ANY SUCH PERSON IS FOUND IN A FINAL RULING BY A COURT OF COMPETENT JURISDICTION TO HAVE RESULTED PRIMARILY FROM SUCH PERSON’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. (D) The Administrative Agent agrees that the receipt of the communications by the Administrative Agent at its e-mail address set forth above shall constitute effective delivery of the communications to the Administrative Agent for purposes of the Transaction Documents. Each Lender agrees that receipt of notice to it (as provided in the next sentence) specifying that the communications have been posted to the Platform shall constitute effective delivery of the communications to such Lender for purposes of the Transaction Documents. Each Lender agrees to notify the Administrative Agent in writing (including by electronic communication) from time to time of such Lender’s e-mail address to which the foregoing notice may be sent by electronic transmission and that the foregoing notice may be sent to such e-mail address. (E) Nothing herein shall prejudice the right of the Administrative Agent or any Lender to give notice or other communications pursuant to any Transaction Document in any other Person for indirect, special, incidental, consequential or punitive damages (as opposed to direct or actual damages). “manner specified in such Transaction Document.

Platform. (ai) ▇▇▇▇▇▇▇▇ Each Borrower agrees that the Administrative Agent and ▇▇▇▇ Lead Arranger may, but shall not be obligated to, make the Communications (as defined below) available to the L/C Issuers and the other Lenders by posting the Communications on Debt Domain, IntraLinks, Syndtrak or a substantially similar electronic transmission system (the “Platform”). (b) Borrower hereby acknowledges Platform and that certain of the Lenders (each, a “Public Lender”) may have personnel who do not wish to receive material non-public information with respect to Borrower the Loan Parties or its their Affiliates, or the respective securities of any of the foregoing, and who may be engaged in investment and other market-related activities with respect to such Persons’ securities. . (ii) Each Borrower hereby acknowledges hereby agrees that so long as any Loan Party is the issuer of any outstanding debt or equity securities that are registered or issued pursuant to a private offering or is actively contemplating issuing any such securities it will use commercially reasonable efforts to identify that portion of the Communications that may be distributed to the Public Lenders and that: (A) all such (i) all Communications that are to be made available to Public Lenders shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean means that the word “PUBLIC” shall appear prominently on the first page thereof; (iiB) by marking Communications (ii) “PUBLIC,” Borrower the Borrowers shall be deemed to have authorized the Administrative Agent, the Lenders, Lead Arrangers and Sole Lead Arranger the Lenders to treat such Communications as not containing any material non-public information (although it may be sensitive and proprietary) with respect to Borrower any Loan Party or any Affiliate thereof or their respective its securities for purposes of United States federal Federal and state securities lawslaws (provided, however, that to the extent such Communications constitute Information, they shall be treated as set forth in Section 10.14); (iiiC) all Communications marked “PUBLIC” are permitted to be made available through a portion of the PlatformPlatform designated “Public Side Information”; and (ivD) the Administrative Agent and Sole the Lead Arranger Arrangers shall be entitled to treat any Communications that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform not designated as “Non-Public Side Information”. The Borrowers acknowledge and agree that the DQ List shall be deemed suitable for posting and may be posted by the Administrative Agent on the Platform, including the portion of the Platform that is designated for Public Lenders.” (ciii) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the accuracy or completeness of the Communications or the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including, without limitation, including any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent, Sole Lead Arranger, Agent or any of their Affiliates its Related Parties (collectively, the “Agent Parties”) have any liability to Borrowerthe Borrowers or the other Loan Parties, any Lender or any other Person or entity for lossesdamages of any kind, claimsincluding direct or indirect, special, incidental or consequential damages, liabilities losses or expenses of any kind (whether in tort, contract or otherwise) arising out of Borrowerany Loan Party’s or Agent Partythe Administrative Agent’s transmission or posting of Borrower Information communications through the Platform or via email, except to the extent that such losses, claims, damages, liabilities or expenses are determined by a court of competent jurisdiction by a final and non-appealable judgment to have resulted from the gross negligence or willful misconduct of such Agent Party; provided, however, that in no event shall any Agent Party have any liability to Borrower, any Lender or any other Person for indirect, special, incidental, consequential or punitive damages (as opposed to direct or actual damages). “Platform.

Platform. (ai) ▇▇▇▇▇▇▇▇ The Borrower (on behalf of itself and each other Loan Party) agrees that (A) the Administrative Agent and ▇▇▇▇ Lead Arranger may, but shall not be obligated to, make the Communications (as defined belowhereinafter) (including of materials or information provided by or on behalf of the Borrower hereunder (collectively, the “Borrower Materials”)) available to the Issuing Banks and the Lenders by posting the Communications on Debt Domainthe Platform, IntraLinks, Syndtrak or a substantially similar electronic transmission system and (the “Platform”). (bB) Borrower hereby acknowledges that certain of the Lenders may be “public-side” Lenders (eachi.e., a “Public Lender”) may have personnel who Lenders that do not wish to receive material non-public information with respect to the Borrower or its Affiliatessecurities) (each, or the respective securities of any of the foregoing, and who may be engaged in investment and other market-related activities with respect to such Persons’ securitiesa “Public Lender”). The Borrower hereby agrees that (iw) all Communications Borrower Materials that are to be made available to Public Lenders shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; , (iix) by marking Communications Borrower Materials “PUBLIC,” the Borrower shall be deemed to have authorized the Administrative Agent, Agent and the Lenders, and Sole Lead Arranger Lenders to treat such Communications Borrower Materials as not containing any material non-public information with respect to the Borrower or any Affiliate thereof or their respective its securities for purposes of United States federal and state securities laws; laws (iiiprovided that, to the extent such Borrower Materials constitute Information, they shall be treated as set forth in Section 9.12), (y) all Communications Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform; Platform designated as “Public Investor”, and (ivz) the Administrative Agent and Sole Lead Arranger shall be entitled to treat any Communications Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform designated not marked as “NonPublic Investor”. Notwithstanding the foregoing, the following Borrower Materials shall be marked “PUBLIC”, unless the Borrower notifies the Administrative Agent promptly that any such document contains material non-public information: (1) the Loan Documents, and (2) any notification of changes in the terms of the Facility. Each Public Lender agrees to cause at least one individual at or on behalf of such Public Lender to at all times have selected the “Private Side Information” or similar designation on the content declaration screen of the Platform in order to enable such Public Lender or its delegate, in accordance with such Public Lender’s compliance procedures and Applicable Law, including United States Federal and state securities laws, to make reference to Communications that are not made available through the “Public Side Information” portion of the Platform and that may contain material non-public information with respect to the Borrower or its securities for purposes of United States Federal or state securities laws.” (cii) The Platform is provided “as is” and “as available.” ”. The Agent Parties (as defined belowhereinafter) do not warrant the accuracy or completeness of the Communications or the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including, without limitation, including any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent, Sole Lead Arranger, Agent or any of their Affiliates its Related Parties (collectively, the “Agent Parties”) have any liability to Borrowerthe Borrower or the other Loan Parties, any Lender or any other Person or entity for lossesdamages of any kind, claimsincluding direct or indirect, special, incidental, consequential, punitive or exemplary damages, liabilities losses or expenses of any kind (whether in tort, contract or otherwise) arising out of the Borrower’s, any other Loan Party’s or Agent Partythe Administrative Agent’s transmission or posting of Borrower Information communications through the Platform Platform. “Communications” means, collectively, any notice, demand, communication, information, document or via email, except other material provided by or on behalf of the Borrower or any other Loan Party pursuant to any Loan Document or the transactions contemplated therein which is distributed to the extent that such losses, claims, damages, liabilities or expenses are determined by a court of competent jurisdiction by a final and non-appealable judgment to have resulted from the gross negligence or willful misconduct of such Agent Party; provided, however, that in no event shall any Agent Party have any liability to BorrowerAdministrative Agent, any Lender or any other Person for indirectIssuing Bank by means of electronic communications pursuant to this Section, special, incidental, consequential or punitive damages (as opposed to direct or actual damages). “including through the Platform.

Platform. (ai) ▇▇▇▇▇▇▇▇ Each Borrower agrees that the Administrative Agent and ▇▇▇▇ Lead Arranger may, but shall not be obligated to, make the Communications (as defined below) available to the L/C Issuer and the other Lenders by posting the Communications on Debt Domain, IntraLinks, Syndtrak or a substantially similar electronic transmission system (the “Platform”). (b) Borrower hereby acknowledges Platform and that certain of the Lenders (each, a “Public Lender”) may have personnel who do not wish to receive material non-public information with respect to Borrower the Borrowers or its their Affiliates, or the respective securities of any of the foregoing, and who may be engaged in investment and other market-related activities with respect to such Persons’ securities. . (ii) Each Borrower hereby acknowledges hereby agrees that so long as any Borrower is the issuer of any outstanding debt or equity securities that are registered or issued pursuant to a private offering or is actively contemplating issuing any such securities it will use commercially reasonable efforts to identify that portion of the Communications that may be distributed to the Public Lenders and that: (A) all such (i) all Communications that are to be made available to Public Lenders shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean means that the word “PUBLIC” shall appear prominently on the first page thereof; (iiB) by marking Communications (ii) “PUBLIC,” Borrower the Borrowers shall be deemed to have authorized the Administrative Agent, and the Lenders, and Sole Lead Arranger Lenders to treat such Communications as not containing any material non-public information (although it may be sensitive and proprietary) with respect to any Borrower or any Affiliate thereof or their respective its securities for purposes of United States federal Federal and state securities lawslaws (provided, however, that to the extent such Communications constitute Information, they shall be treated as set forth in Section 10.14); (iiiC) all Communications marked “PUBLIC” are permitted to be made available through a portion of the PlatformPlatform designated “Public Side Information”; and (ivD) the Administrative Agent and Sole Lead Arranger shall be entitled to treat any Communications that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform not designated as “Non-Public Side Information”.” (ciii) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the accuracy or completeness of the Communications or the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including, without limitation, including any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent, Sole Lead Arranger, Agent or any of their Affiliates its Related Parties (collectively, the “Agent Parties”) have any liability to Borrowerthe Borrowers, any Lender or any other Person or entity for lossesdamages of any kind, claimsincluding direct or indirect, special, incidental or consequential damages, liabilities losses or expenses of any kind (whether in tort, contract or otherwise) arising out of any Borrower’s or Agent Partythe Administrative Agent’s transmission or posting of Borrower Information communications through the Platform or via email, except to the extent that such losses, claims, damages, liabilities or expenses are determined by a court of competent jurisdiction by a final and non-appealable judgment to have resulted from the gross negligence or willful misconduct of such Agent Party; provided, however, that in no event shall any Agent Party have any liability to Borrower, any Lender or any other Person for indirect, special, incidental, consequential or punitive damages (as opposed to direct or actual damages). “Platform.

Platform. (a) ▇▇▇▇▇▇▇▇ Borrower agrees that Administrative Agent and ▇▇▇▇ Sole Lead Arranger may, but shall not be obligated to, make the Communications (as defined below) available to the Lenders by posting the Communications on Debt Domain, IntraLinks, Syndtrak or a substantially similar electronic transmission system (the “"Platform”"). (b) Borrower hereby acknowledges that certain of the Lenders (each, a “"Public Lender”") may have personnel who do not wish to receive material non-public information with respect to Borrower or its Affiliates, or the respective securities of any of the foregoing, and who may be engaged in investment and other market-related activities with respect to such Persons’ ' securities. Borrower hereby agrees that (i) all Communications that are to be made available to Public Lenders shall be clearly and conspicuously marked “"PUBLIC” " which, at a minimum, shall mean that the word “"PUBLIC” " shall appear prominently on the first page thereof; (ii) by marking Communications “"PUBLIC,” " Borrower shall be deemed to have authorized Administrative Agent, the Lenders, and Sole Lead Arranger to treat such Communications as not containing any material non-public information with respect to Borrower or any Affiliate thereof or their respective securities for purposes of United States federal and state securities laws; (iii) all Communications marked “"PUBLIC” " are permitted to be made available through the Platform; and (iv) Administrative Agent and Sole Lead Arranger shall be entitled to treat any Communications that are not marked “"PUBLIC” " as being suitable only for posting on a portion of the Platform designated as “"Non-Public Information.”" (c) The Platform is provided “"as is” " and “"as available.” " The Agent Parties (as defined below) do not warrant the accuracy or completeness of the Communications or the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall Administrative Agent, Sole Lead Arranger, or any of their Affiliates (collectively, the “"Agent Parties”") have any liability to Borrower, any Lender or any other Person for losses, claims, damages, liabilities or expenses of any kind (whether in tort, contract or otherwise) arising out of Borrower’s 's or Agent Party’s 's transmission or posting of Borrower Information through the Platform or via email, except to the extent that such losses, claims, damages, liabilities or expenses are determined by a court of competent jurisdiction by a final and non-appealable judgment to have resulted from the gross negligence or willful misconduct of such Agent Party; provided, however, that in no event shall any Agent Party have any liability to Borrower, any Lender or any other Person for indirect, special, incidental, consequential or punitive damages (as opposed to direct or actual damages). “"Communications" means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of Borrower or any Guarantor pursuant to any Loan Document or the transactions contemplated therein which is distributed to Administrative Agent, Sole Lead Arranger, or any Lender by means of electronic communications pursuant to this Section, including through the Platform.

Platform. The Borrower hereby acknowledges that (a) ▇▇▇▇▇▇▇▇ agrees that the Administrative Agent and ▇▇▇▇ Lead Arranger may, but shall not be obligated to, will make the Communications (as defined below) available to the Lenders and the Issuing Banks materials and/or information provided by, or on behalf of, the Borrower hereunder (collectively, the “Borrower Materials”) by posting the Communications Borrower Materials on Debt Domain, IntraLinks, Syndtrak Intralinks or a substantially another similar electronic transmission system (the “Platform”). ) and (b) Borrower hereby acknowledges that certain of the Lenders may be “public-side” Lenders (i.e., Lenders that do not wish to receive material nonpublic information with respect to the Borrower or its securities) (each, a “Public Lender”) may have personnel who do not wish to receive material non-public information with respect to Borrower or its Affiliates, or the respective securities of any of the foregoing, and who may be engaged in investment and other market-related activities with respect to such Persons’ securities). The Borrower hereby agrees that (iw) all Communications Borrower Materials that are to be made available to Public Lenders shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (iix) by marking Communications Borrower Materials “PUBLIC,” the Borrower shall be deemed to have authorized the Administrative Agent, Agent and the Lenders, and Sole Lead Arranger Lenders to treat such Communications Borrower Materials as not containing any material non-public nonpublic information with respect to the Borrower or any Affiliate thereof or their respective its securities for purposes of United States federal Federal and state securities lawslaws (provided that to the extent such Borrower Materials constitute Information, they shall be treated as set forth in Section 10.8); (iiiy) all Communications Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform; Platform designated as “Public Investor,” and (ivz) the Administrative Agent and Sole Lead Arranger shall be entitled to treat any Communications Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform designated not marked as “Non-Public Information.” (c) The Platform is provided “as is” and “as availableInvestor.” The Notwithstanding the foregoing, the following Borrower Materials shall be deemed to be marked “PUBLIC,” unless the Borrower notifies the Administrative Agent Parties promptly that any such document contains material nonpublic information: (as defined belowi) do not warrant the accuracy or completeness Loan Documents, (ii) notification of changes in the terms of the Communications or the adequacy of the Platform Loan Documents and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or (iii) all information delivered pursuant to Section 6.1 other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall Administrative Agent, Sole Lead Arranger, or any of their Affiliates (collectively, the “Agent Parties”) have any liability than budgets delivered pursuant to Borrower, any Lender or any other Person for losses, claims, damages, liabilities or expenses of any kind (whether in tort, contract or otherwise) arising out of Borrower’s or Agent Party’s transmission or posting of Borrower Information through the Platform or via email, except to the extent that such losses, claims, damages, liabilities or expenses are determined by a court of competent jurisdiction by a final and non-appealable judgment to have resulted from the gross negligence or willful misconduct of such Agent Party; provided, however, that in no event shall any Agent Party have any liability to Borrower, any Lender or any other Person for indirect, special, incidental, consequential or punitive damages (as opposed to direct or actual damagesSection 6.1(vii). “.

Platform. (i) The Borrower hereby acknowledges that (a) ▇▇▇▇▇▇▇▇ agrees that the Administrative Agent and ▇▇▇▇ Lead Arranger may, but shall not be obligated to, make the Communications (as defined below) available to the Lenders materials and/or information provided by or on behalf of the Borrower hereunder (collectively, “Borrower Materials”) by posting the Communications Borrower Materials on Debt Domain, IntraLinks, Syndtrak Syndtrak, ClearPar or a substantially similar electronic transmission system (the “Platform”). ) and (b) Borrower hereby acknowledges that certain of the Lenders (each, a “Public Lender”) may have personnel who do not wish to receive material non-public information with respect to the Borrower or its Affiliates, or the respective securities of any of the foregoing, and who may be engaged in investment and other market-related activities with respect to such Persons’ securities. The Borrower hereby agrees that (iw) all Communications Borrower Materials that are to be made available to Public Lenders shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (iix) by marking Communications Borrower Materials “PUBLIC,” the Borrower shall be deemed to have authorized the Administrative Agent, Agent and the Lenders, and Sole Lead Arranger Lenders to treat such Communications Borrower Materials as not containing any material non-public information with respect to the Borrower or any Affiliate thereof or their respective its securities for purposes of United States federal Federal and state securities lawslaws (provided, however, that to the extent such Borrower Materials constitute Information, they shall be treated as set forth in Section 9.19); (iiiy) all Communications Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform; Platform designated “Public Side Information;” and (ivz) the Administrative Agent and Sole Lead Arranger shall be entitled to treat any Communications Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform not designated as “Non-Public Side Information.” Notwithstanding the foregoing, the Borrower shall be under no obligation to ▇▇▇▇ any Borrower Materials “PUBLIC.” (cii) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the accuracy or completeness of the Communications or the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall Administrative Agent, Sole Lead Arranger, or any of their Affiliates (collectively, the “Agent Parties”) have any liability to Borrower, any Lender or any other Person for losses, claims, damages, liabilities or expenses of any kind (whether in tort, contract or otherwise) arising out of Borrower’s or Agent Party’s transmission or posting of Borrower Information through the Platform or via email, except to the extent that such losses, claims, damages, liabilities or expenses are determined by a court of competent jurisdiction by a final and non-appealable judgment to have resulted from the gross negligence or willful misconduct of such Agent Party; provided, however, that in no event shall any Agent Party have any liability to Borrower, any Lender or any other Person for indirect, special, incidental, consequential or punitive damages (as opposed to direct or actual damages). “67

Platform. (ai) ▇▇▇▇▇▇▇▇ Each Group Company agrees that (A) the Administrative Agent and ▇▇▇▇ Lead Arranger may, but shall not be obligated to, make the Communications (as defined belowhereinafter) (including of materials or information provided by or on behalf of the Borrowers hereunder (collectively, the “Borrower Materials”)) available to Issuing Bank and the Lenders by posting the Communications on Debt Domainthe Platform, IntraLinks, Syndtrak or a substantially similar electronic transmission system and (the “Platform”). (bB) Borrower hereby acknowledges that certain of the Lenders may be “public-side” Lenders (eachi.e., a “Public Lender”) may have personnel who Lenders that do not wish to receive material non-public information with respect to Borrower the Group Companies or its Affiliatestheir securities) (each, or the respective securities of any of the foregoing, and who may be engaged in investment and other market-related activities with respect to such Persons’ securitiesa “Public Lender”). Borrower Each Group Company hereby agrees that (iw) all Communications Borrower Materials that are to be made available to Public Lenders shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; , (iix) by marking Communications Borrower Materials “PUBLIC,” Borrower the Group Companies shall be deemed to have authorized the Administrative Agent, Agent and the Lenders, and Sole Lead Arranger Lenders to treat such Communications Borrower Materials as not containing any material non-public information with respect to Borrower or any Affiliate thereof the Group Companies or their respective securities for purposes of United States federal and state securities laws; laws (iiiprovided that, to the extent such Borrower Materials constitute Information, they shall be treated as set forth in Section 9.12), (y) all Communications Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform; Platform designated as “Public Investor”, and (ivz) the Administrative Agent and Sole Lead Arranger shall be entitled to treat any Communications Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform designated not marked as “NonPublic Investor”. Notwithstanding the foregoing, the following Borrower Materials shall be marked “PUBLIC”, unless any Group Company notifies the Administrative Agent promptly that any such document contains material non-public information: (1) the Loan Documents, and (2) any notification of changes in the terms of the Facility. Each Public Lender agrees to cause at least one individual at or on behalf of such Public Lender to at all times have selected the “Private Side Information” or similar designation on the content declaration screen of the Platform in order to enable such Public Lender or its delegate, in accordance with such Public Lender’s compliance procedures and Applicable Law, including United States Federal and state securities laws, to make reference to Communications that are not made available through the “Public Side Information” portion of the Platform and that may contain material non-public information with respect to the Group Companies or their securities for purposes of United States Federal or state securities laws.” (cii) The Platform is provided “as is” and “as available.” ”. The Agent Parties (as defined belowhereinafter) do not warrant the accuracy or completeness of the Communications or the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including, without limitation, including any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent, Sole Lead Arranger, Agent or any of their Affiliates its Related Parties (collectively, the “Agent Parties”) have any liability to Borrowerthe Group Companies, any Lender or any other Person or entity for lossesdamages of any kind, claimsincluding direct or indirect, special, incidental, consequential, punitive or exemplary damages, liabilities losses or expenses of any kind (whether in tort, contract or otherwise) arising out of Borrowerany Group Company’s or Agent Partythe Administrative Agent’s transmission or posting of Borrower Information communications through the Platform Platform. “Communications” means, collectively, any notice, demand, communication, information, document or via email, except other material provided by or on behalf of any Group Company pursuant to any Loan Document or the transactions contemplated therein which is distributed to the extent that such losses, claims, damages, liabilities or expenses are determined by a court of competent jurisdiction by a final and non-appealable judgment to have resulted from the gross negligence or willful misconduct of such Agent Party; provided, however, that in no event shall any Agent Party have any liability to BorrowerAdministrative Agent, any Lender or any other Person for indirectIssuing Bank by means of electronic communications pursuant to this Section, special, incidental, consequential or punitive damages (as opposed to direct or actual damages). “including through the Platform.

Platform. Borrower hereby acknowledges that (ai) ▇▇▇▇▇▇▇▇ agrees that Administrative each Agent and ▇▇▇▇ Lead Arranger and/or an Affiliate thereof may, but shall not be obligated to, make the Communications (as defined below) available to the Lenders and the Issuing Banks materials and/or information provided by or on behalf of Borrower hereunder (collectively, “Borrower Materials”) by posting the Communications Borrower Materials on Debt Domain, IntraLinks, Syndtrak Syndtrak, ClearPar or a substantially similar electronic transmission system (the “Platform”). ) and (bii) Borrower hereby acknowledges that certain of the Lenders (each, a “Public Lender”) may have personnel who do not wish to receive material non-public information with respect to Borrower or its Affiliates, or the respective securities of any of the foregoing, and who may be engaged in investment and other market-related activities with respect to such Persons’ securities. 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 (iA) all Communications that are to be made available to Public Lenders 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 first page thereof; (iiB) by marking Communications Borrower Materials “PUBLIC,” Borrower shall be deemed to have authorized Administrative each Agent, the Lendersany Affiliate thereof, each Lead Arranger, each Issuing Bank and Sole Lead Arranger each Lender to treat such Communications Borrower Materials as not containing any material non-public information (although it may be sensitive and proprietary) with respect to Borrower or any Affiliate thereof or their respective its securities for purposes of United States federal and state securities lawslaws (provided, that, to the extent such Borrower Materials constitute Information, they shall be treated as set forth in Section 10.12); (iiiC) all Communications Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform; Platform designated “Public Side Information;” and (ivD) Administrative each Agent and Sole any Affiliate thereof and each Lead Arranger shall be entitled to treat any Communications Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform not designated as “Non-Public Side Information.” Notwithstanding the foregoing, Borrower shall be under no obligation to ▇▇▇▇ any Borrower Materials “PUBLIC” (c) The Platform is provided . THE PLATFORM IS PROVIDED “as isAS IS” and AND “as availableAS AVAILABLE.” The Agent Parties THE AGENT PARTIES (as defined belowAS DEFINED BELOW) do not warrant the accuracy or completeness of the Communications or the adequacy of the Platform and expressly disclaim liability for errors or omissions in the CommunicationsDO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE BORROWER MATERIALS OR THE ADEQUACY OF THE PLATFORM, AND EXPRESSLY DISCLAIM LIABILITY FOR ERRORS IN OR OMISSIONS FROM THE BORROWER MATERIALS. No warranty of any kindNO WARRANTY OF ANY KIND, expressEXPRESS, implied or statutoryIMPLIED OR STATUTORY, includingINCLUDING ANY WARRANTY OF MERCHANTABILITY, without limitationFITNESS FOR A PARTICULAR PURPOSE, any warranty of merchantabilityNON-INFRINGEMENT OF THIRD PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the PlatformIS MADE BY ANY AGENT PARTY IN CONNECTION WITH THE BORROWER MATERIALS OR THE PLATFORM. In no event shall Administrative Agent, Sole Lead Arranger, any Agent or any of their Affiliates its Related Parties (collectively, the “Agent Parties”) have any liability to Borrower, any Lender Lender, any Issuing Bank or any other Person for losses, claims, damages, liabilities or expenses of any kind (whether in tort, contract or otherwise) arising out of Borrower’s, any Loan Party’s or Agent Partyany Agent’s transmission or posting of Borrower Information Materials or notices through the Platform or via email, except to the extent that such losses, claims, damages, liabilities or expenses are determined by a court of competent jurisdiction by a final and non-appealable judgment to have resulted from the gross negligence or willful misconduct of such Agent Party; provided, however, that in no event shall any Agent Party have any liability to BorrowerPlatform, any Lender other electronic platform or any other Person for indirectelectronic messaging service, special, incidental, consequential or punitive damages (as opposed to direct or actual damages). “through the Internet.

Platform. (a) ▇▇▇▇▇▇▇▇ 6.4.1 Borrower agrees that Administrative Agent and ▇▇▇▇ Agent, Sole Lead Arranger and Sole Bookrunner may, but shall not be obligated to, make the Communications (as defined below) available to the Lenders by posting the Communications on Debt Domain, IntraLinks, Syndtrak or a substantially similar electronic transmission system (the “Platform”). (b) 6.4.2 Borrower hereby acknowledges that certain of the Lenders (each, a “Public Lender”) may have personnel who do not wish to receive material non-public information with respect to Borrower or its Affiliates, or the respective securities of any of the foregoing, and who may be engaged in investment and other market-related activities with respect to such Persons’ securities. Borrower hereby agrees that (i) all Communications that are to be made available to Public Lenders shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (ii) by marking Communications “PUBLIC,” Borrower shall be deemed to have authorized Administrative Agent, the Lenders, and Sole Lead Arranger and Sole Bookrunner to treat such Communications as not containing any material non-public information with respect to Borrower or any Affiliate thereof or their respective securities for purposes of United States federal Federal and state securities laws; (iii) all Communications marked “PUBLIC” are permitted to be made available through the Platform; and (iv) Administrative Agent and Agent, Sole Lead Arranger and Sole Bookrunner shall be entitled to treat any Communications that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform designated as “Non-Public Information.”” For the avoidance of doubt, no Communications shall be made available to any Public Lender unless Borrower or any Affiliate of Borrower clearly and conspicuously marks such Communications “PUBLIC” as set forth in clause (i) of the immediately preceding sentence. (c) 6.4.3 The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the accuracy or completeness of the Communications or the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall Administrative Agent, Sole Lead Arranger, Sole Bookrunner or any of their Affiliates (collectively, the “Agent Parties”) have any liability to Borrower, any Lender or any other Person for losses, claims, damages, liabilities or expenses of any kind (whether in tort, contract or otherwise) arising out of Borrower’s or Agent Party’s transmission or posting of Borrower Information Materials through the Platform or via email, except to the extent that such losses, claims, damages, liabilities or expenses are determined by a court of competent jurisdiction by a final and non-appealable judgment to have resulted from the gross negligence or willful misconduct of such Agent Party; provided, however, that in no event shall any Agent Party have any liability to Borrower, any Lender or any other Person for indirect, special, incidental, consequential or punitive damages (as opposed to direct or actual damages). “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of Borrower or any Guarantor pursuant to any Loan Document or the transactions contemplated therein which is distributed to Administrative Agent, Sole Lead Arranger, Sole Bookrunner or any Lender by means of electronic communications pursuant to this Section, including through the Platform.

Platform. (ai) ▇▇▇▇▇▇▇▇ agrees The Borrower hereby acknowledges that the Administrative Agent and ▇▇▇▇ Lead and/or the Arranger may, but shall not be obligated to, make any materials provided by, or on behalf of, any Loan Party hereunder or under any other Loan Document (collectively, the Communications (as defined below“Borrower Materials”) available to the Lenders and the LC Issuing Lender by posting the Communications Borrower Materials on Debt Domain, IntraLinks, Syndtrak or a substantially similar electronic transmission system (the “Platform”). (bii) The Borrower hereby acknowledges that certain of the Lenders may be “public-side” Lenders (eachi.e., a “Public Lender”) may have personnel who Lenders that do not wish to receive material non-public information with respect to the Borrower or its Affiliatessecurities) (each, or the respective securities of any of the foregoing, and who may be engaged in investment and other market-related activities with respect to such Persons’ securitiesa “Public Lender”). 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 (iw) all Communications that are to be made available to Public Lenders such Borrower Materials shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean means that the word “PUBLIC” shall appear prominently on the first page thereof; (iix) by marking Communications Borrower Materials “PUBLIC,” the Borrower shall be deemed to have authorized the Administrative Agent, the LendersArranger, the LC Issuing Lender and Sole Lead Arranger the Lenders to treat such Communications Borrower Materials as not containing any material non-public information (although it may be sensitive and proprietary) with respect to the Borrower or any Affiliate thereof or their respective its securities for purposes of United States federal Federal and state securities lawslaws (provided that to the extent such Borrower Materials constitute Information, they shall be treated as set forth in Section 10.7); (iiiy) all Communications Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform; Platform designated “Public Side Information;” and (ivz) the Administrative Agent and Sole Lead the Arranger shall be entitled to treat any Communications Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform not designated as “Non-Public Side Information.” (ciii) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the accuracy or completeness adequacy of the Communications Borrower Materials or the adequacy of the Platform and expressly disclaim liability for errors or omissions in the CommunicationsBorrower Materials. No warranty of any kind, express, implied or statutory, including, without limitation, including any warranty of merchantability, fitness for a particular purpose, non-infringement of third-third party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications Borrower Materials or the Platform. In no event shall the Administrative Agent, Sole Lead Arranger, Agent or any of their Affiliates its Related Parties (collectively, the “Agent Parties”) have any liability to the Borrower, any other Loan Party, any Lender, the LC Issuing Lender or any other Person for lossesdamages of any kind, claimsincluding direct or indirect, special, incidental or consequential damages, liabilities losses or expenses of any kind (whether in tort, contract or otherwise) arising out of the Borrower’s, any other Loan Party’s or any Agent Party’s transmission or posting of Borrower Information communications through the Platform or via email, except to the extent that such losses, claims, damages, liabilities or expenses are determined by a court of competent jurisdiction by a final and non-appealable judgment to have resulted from the gross negligence or willful misconduct of such Agent Party; provided, however, that in no event shall any Agent Party have any liability to Borrower, any Lender or any other Person for indirect, special, incidental, consequential or punitive damages (as opposed to direct or actual damages). “Platform.

Platform. (ai) ▇▇▇▇▇▇▇▇ Each Loan Party agrees that the Administrative Agent and ▇▇▇▇ Lead Arranger may, but shall not be obligated to, make the Communications (as defined below) available to the L/C Issuer and the other Lenders by posting the Communications on Debt Domain, IntraLinks, Syndtrak or a substantially similar electronic transmission system (the “Platform”). (b) Borrower hereby acknowledges Platform and that certain of the Lenders (each, a “Public Lender”) may have personnel who do not wish to receive material non-public information with respect to Borrower the Loan Parties or its their Affiliates, or the respective securities of any of the foregoing, and who may be engaged in investment and other market-related activities with respect to such Persons’ securities. Borrower . (ii) Each Loan Party hereby agrees that so long as any Loan Party is the issuer of any outstanding debt or equity securities that are registered or issued pursuant to a private offering or is actively contemplating issuing any such securities it will use commercially reasonable efforts to identify that portion of the Communications that may be distributed to the Public Lenders and that: (A) all such (i) all Communications that are to be made available to Public Lenders shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean means that the word “PUBLIC” shall appear prominently on the first page thereof; (iiB) by marking Communications (ii) “PUBLIC,” the Borrower shall be deemed to have authorized the Administrative Agent, the Lenders, and Sole Lead Arranger and the Lenders to treat such Communications as not containing any material non-public information (although it may be sensitive and proprietary) with respect to Borrower any Loan Party or any Affiliate thereof or their respective its securities for purposes of United States federal Federal and state securities lawslaws (provided, however, that to the extent such Communications constitute Information, they shall be treated as set forth in Section 10.14); (iiiC) all Communications marked “PUBLIC” are permitted to be made available through a portion of the PlatformPlatform designated “Public Side Information”; and (ivD) the Administrative Agent and Sole the Lead Arranger shall be entitled to treat any Communications that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform not designated as “Non-Public Side Information”.” (ciii) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the accuracy or completeness of the Communications or the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including, without limitation, including any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent, Sole Lead Arranger, Agent or any of their Affiliates its Related Parties (collectively, the “Agent Parties”) have any liability to Borrowerthe Borrower or the other Loan Parties, any Lender or any other Person or entity for lossesdamages of any kind, claimsincluding direct or indirect, special, incidental or consequential damages, liabilities losses or expenses of any kind (whether in tort, contract or otherwise) arising out of Borrowerany Loan Party’s or Agent Partythe Administrative Agent’s transmission or posting of Borrower Information communications through the Platform or via emailPlatform, except to the extent that such losses, claims, damages, liabilities or expenses are liability is determined by a court of competent jurisdiction by a final and non-appealable judgment to have resulted from the gross negligence negligence, willful misconduct, fraud or willful misconduct other illegal acts of such any Agent Party; provided, however, that in no event shall any Agent Party have any liability to Borrower, any Lender or any other Person for indirect, special, incidental, consequential or punitive damages (as opposed to direct or actual damages). “.

Platform. Borrower hereby acknowledges that (ai) ▇▇▇▇▇▇▇▇ agrees that Administrative the Agent and ▇▇▇▇ Lead Arranger and/or an Affiliate thereof may, but shall not be obligated to, make the Communications (as defined below) available to the Lenders and the Issuing Banks materials and/or information provided by or on behalf of Borrower hereunder (collectively, “Borrower Materials”) by posting the Communications Borrower Materials on Debt Domain, IntraLinks, Syndtrak Syndtrak, ClearPar or a substantially similar electronic transmission system (the “Platform”). ) and (bii) Borrower hereby acknowledges that certain of the Lenders (each, a “Public Lender”) may have personnel who do not wish to receive material non-public information with respect to Borrower or its Affiliates, or the respective securities of any of the foregoing, and who may be engaged in investment and other market-related activities with respect to such Persons’ securities. 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 (iA) all Communications that are to be made available to Public Lenders 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 first page thereof; (iiB) by marking Communications Borrower Materials “PUBLIC,” Borrower shall be deemed to have authorized Administrative the Agent, the Lendersany Affiliate thereof, each Lead Arranger, each Issuing Bank and Sole Lead Arranger each Lender to treat such Communications Borrower Materials as not containing any material non-public information (although it may be sensitive and proprietary) with respect to Borrower or any Affiliate thereof or their respective its securities for purposes of United States federal and state securities lawslaws (provided that, to the extent such Borrower Materials constitute Information, they shall be treated as set forth in Section 10.12); (iiiC) all Communications Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform; Platform designated “Public Side Information;” and (ivD) Administrative the Agent and Sole any Affiliate thereof and each Lead Arranger shall be entitled to treat any Communications Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform not designated as “Non-Public Side Information.” Notwithstanding the foregoing, Borrower shall be under no obligation to mark any Borrower Materials “PUBLIC” (c) The Platform is provided . THE PLATFORM IS PROVIDED “as isAS IS” and AND “as availableAS AVAILABLE.” The Agent Parties THE AGENT PARTIES (as defined belowAS DEFINED BELOW) do not warrant the accuracy or completeness of the Communications or the adequacy of the Platform and expressly disclaim liability for errors or omissions in the CommunicationsDO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE BORROWER MATERIALS OR THE ADEQUACY OF THE PLATFORM, AND EXPRESSLY DISCLAIM LIABILITY FOR ERRORS IN OR OMISSIONS FROM THE BORROWER MATERIALS. No warranty of any kindNO WARRANTY OF ANY KIND, expressEXPRESS, implied or statutoryIMPLIED OR STATUTORY, includingINCLUDING ANY WARRANTY OF MERCHANTABILITY, without limitationFITNESS FOR A PARTICULAR PURPOSE, any warranty of merchantabilityNON-INFRINGEMENT OF THIRD PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the PlatformIS MADE BY THE AGENT PARTY IN CONNECTION WITH THE BORROWER MATERIALS OR THE PLATFORM. In no event shall Administrative Agent, Sole Lead Arranger, the Agent or any of their Affiliates its Related Parties (collectively, the “Agent Parties”) have any liability to Borrower, any Lender Lender, any Issuing Bank or any other Person for losses, claims, damages, liabilities or expenses of any kind (whether in tort, contract or otherwise) arising out of Borrower’s, any Loan Party’s or Agent Partythe Agent’s transmission or posting of Borrower Information Materials or notices through the Platform or via email, except to the extent that such losses, claims, damages, liabilities or expenses are determined by a court of competent jurisdiction by a final and non-appealable judgment to have resulted from the gross negligence or willful misconduct of such Agent Party; provided, however, that in no event shall any Agent Party have any liability to BorrowerPlatform, any Lender other electronic platform or any other Person for indirectelectronic messaging service, special, incidental, consequential or punitive damages (as opposed to direct or actual damages). “through the Internet.

Platform. (a) ▇▇▇▇▇▇▇▇ Each Credit Party further agrees that Administrative Agent and ▇▇▇▇ Lead Arranger may, but shall not be obligated to, may make the Communications (as defined below) available to the Lenders by posting the Communications on Debt Domain, IntraLinks, Syndtrak SyndTrak or a substantially similar electronic transmission system (the “Platform”). (b) . The Borrower hereby acknowledges that certain of the Lenders (each, a “Public Lender”) may have personnel who do not wish to receive material non-public information with respect to the Borrower or its Affiliates, or the respective securities of any of the foregoing, and who may be engaged in investment and other market-related activities with respect to such Persons’ securities. The Borrower hereby agrees that so long as the Borrower is the issuer of any outstanding debt or Equity Interests that are registered or issued pursuant to a private offering or is actively contemplating issuing any such securities it will use commercially reasonable efforts to identify that portion of the Communications that may be distributed to the Public Lenders and that (i1) all such Communications that are to be made available to Public Lenders shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (ii2) by marking Communications “PUBLIC,” the Borrower 105 shall be deemed to have authorized the Administrative Agent, any Affiliate thereof, the LendersArranger, the LC Issuers and Sole Lead Arranger the Lenders to treat such Communications as not containing any material non-public information (although it may be sensitive and proprietary) with respect to the Borrower or any Affiliate thereof or their respective its securities for purposes of United States federal and state securities lawslaws (provided, however, that to the extent such Communications constitute Confidential Information, they shall be treated as set forth in Section 11.15); (iii3) all Communications marked “PUBLIC” are permitted to be made available through a portion of the Platform; Platform designated “Public Side Information;” and (iv4) the Administrative Agent and Sole Lead the any Affiliate thereof and the Arranger shall be entitled to treat any Communications that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform not designated as “Non-Public Side Information.” (c) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the accuracy or completeness of the Communications or the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall Administrative Agent, Sole Lead Arranger, or any of their Affiliates (collectively, the “Agent Parties”) have any liability to Borrower, any Lender or any other Person for losses, claims, damages, liabilities or expenses of any kind (whether in tort, contract or otherwise) arising out of Borrower’s or Agent Party’s transmission or posting of Borrower Information through the Platform or via email, except to the extent that such losses, claims, damages, liabilities or expenses are determined by a court of competent jurisdiction by a final and non-appealable judgment to have resulted from the gross negligence or willful misconduct of such Agent Party; provided, however, that in no event shall any Agent Party have any liability to Borrower, any Lender or any other Person for indirect, special, incidental, consequential or punitive damages (as opposed to direct or actual damages). “

Platform. (ai) ▇▇▇▇▇▇▇▇ The Borrower agrees that the Administrative Agent and ▇▇▇▇ Lead Arranger may, but shall not be obligated to, make the Communications (as defined below) available to the Lenders by posting the Communications on Debt Domain, IntraLinks, Syndtrak or a substantially similar electronic transmission system (the “Platform”). (b) Borrower hereby acknowledges Platform and that certain of the Lenders (each, a “Public Lender”) may have personnel who do not wish to receive material non-public information with respect to Borrower the Loan Parties or its their Affiliates, or the respective securities of any of the foregoing, and who may be engaged in investment and other market-related activities with respect to such Persons’ securities. . (ii) The Borrower hereby acknowledges and agrees that so long as any Loan Party is the issuer of any outstanding debt or equity securities that are registered or issued pursuant to a private offering or is actively contemplating issuing any such securities it will use commercially reasonable efforts to identify that portion of the Communications that may be distributed to the Public Lenders and that: (A) all such Communications (i) all Communications that are to be made available to Public Lenders shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean means that the word “PUBLIC” shall appear prominently on the first page thereof; (iiB) by marking such Communications (ii) “PUBLIC,” the Borrower shall be deemed to have authorized the Administrative Agent, the Lenders, and Sole Lead Arranger and the Lenders to treat such Communications as not containing any material non-public information (although it may be sensitive and proprietary) with respect to Borrower any Loan Party or any Affiliate thereof or their respective its securities for purposes of United States federal Federal and state securities lawslaws (provided that to the extent such Communications constitute Information, they shall be treated as set forth in Section 10.14); (iiiC) all Communications marked “PUBLIC” are permitted to be made available through a portion of the PlatformPlatform designated “Public Side Information”; and (ivD) the Administrative Agent and Sole the Lead Arranger shall be entitled to treat any Communications that 116 are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform not designated as “Non-Public Side Information.” (ciii) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the accuracy or completeness of the Communications or the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including, without limitation, including any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent, Sole Lead Arranger, Agent or any of their Affiliates its Related Parties (collectively, the “Agent Parties”) have any liability to Borrowerthe Borrower or the other Loan Parties, any Lender or any other Person or entity for lossesdamages of any kind, claimsincluding direct or indirect, special, incidental or consequential damages, liabilities losses or expenses of any kind (whether in tort, contract or otherwise) arising out of Borrowerany Loan Party’s or Agent Partythe Administrative Agent’s transmission or posting of Borrower Information communications through the Platform or via email, except to the extent that such losses, claims, damages, liabilities or expenses are determined by a court of competent jurisdiction by a final and non-appealable judgment to have resulted from the gross negligence or willful misconduct of such Agent Party; provided, however, that in no event shall any Agent Party have any liability to Borrower, any Lender or any other Person for indirect, special, incidental, consequential or punitive damages (as opposed to direct or actual damages). “Platform.

Platform. (ai) ▇▇▇▇▇▇▇▇ The Parent (on behalf of itself and each other Loan Party) agrees that (A) the Administrative Agent and ▇▇▇▇ Lead Arranger may, but shall not be obligated to, make the Communications (as defined below) (including of materials and/or information provided by or on behalf of the Parent hereunder (collectively, the “Borrower Materials”)) available to the Issuing Banks and the other Lenders by posting the Communications on Debt Domain, IntraLinksIntralinks, Syndtrak or a substantially similar electronic transmission system (the “Platform”). , and (bB) Borrower hereby acknowledges that certain of the Lenders may be “public-side” Lenders (eachi.e., a “Public Lender”) may have personnel who Lenders that do not wish to receive material non-public information with respect to Borrower the Parent or its Affiliatessecurities) (each, or the respective securities of any of the foregoing, and who may be engaged in investment and other market-related activities with respect to such Persons’ securitiesa “Public Lender”). Borrower The Parent hereby agrees (on behalf of itself and each other Loan Party) that (iw) all Communications Borrower Materials that are to be made available to Public Lenders shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (iix) by marking Communications Borrower Materials “PUBLIC,” Borrower the Parent shall be deemed to have authorized the Administrative Agent, Agent and the Lenders, and Sole Lead Arranger Lenders to treat such Communications Borrower Materials as not containing any material non-public information with respect to Borrower or any Affiliate thereof the Loan Parties or their respective securities for purposes of United States federal and state securities lawslaws (provided, that to the extent such Borrower Materials constitute Information, they shall be treated as set forth in Section 9.12); (iiiy) all Communications Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the PlatformPlatform designated as “Public Investor”; and (ivz) the Administrative Agent and Sole Lead Arranger shall be entitled to treat any Communications Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform designated not marked as “NonPublic Investor.” Notwithstanding the foregoing, the following Borrower Materials shall be marked “PUBLIC”, unless the Parent notifies the Administrative Agent promptly that any such document contains material non-public information: (1) the Loan Documents and (2) any notification of changes in the terms of the Facilities. Each Public Lender agrees to cause at least one individual at or on behalf of such Public Lender to at all times have selected the “Private Side Information” or similar designation on the content declaration screen of the Platform in order to enable such Public Lender or its delegate, in accordance with such Public Lender’s compliance procedures and Applicable Law, including United States Federal and state securities laws, to make reference to Communications that are not made available through the “Public Side Information” portion of the Platform and that may contain material non-public information with respect to the Loan Parties or their securities for purposes of United States Federal or state securities laws.” (cii) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the accuracy or completeness of the Communications or the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including, without limitation, including any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent, Sole Lead Arranger, Agent or any of their Affiliates its Related Parties (collectively, the “Agent Parties”) have any liability to Borrowerthe Parent or the other Loan Parties, any Lender or any other Person or entity for lossesdamages of any kind, claimsincluding direct or indirect, special, incidental, consequential, punitive or exemplary damages, liabilities losses or expenses of any kind (whether in tort, contract or otherwise) arising out of Borrowerthe Parent’s, any other Loan Party’s or Agent Partythe Administrative Agent’s transmission or posting of Borrower Information communications through the Platform Platform. “Communications” means, collectively, any notice, demand, communication, information, document or via email, except other material provided by or on behalf of the Parent or any other Loan Party pursuant to any Loan Document or the transactions contemplated therein which is distributed to the extent that such losses, claims, damages, liabilities Administrative Agent or expenses are determined by a court of competent jurisdiction by a final and non-appealable judgment to have resulted from the gross negligence or willful misconduct of such Agent Party; provided, however, that in no event shall any Agent Party have any liability to Borrower, any Lender or any other Person for indirectIssuing Bank by means of electronic communications pursuant to this Section, special, incidental, consequential or punitive damages (as opposed to direct or actual damages). “including through the Platform.

Platform. (a) ▇▇▇▇▇▇▇▇ 6.4.1 Borrower agrees that Administrative Agent and ▇▇▇▇ Agent, Sole Lead Arranger and Sole Bookrunner may, but shall not be obligated to, make the Communications (as defined below) available to the Lenders by posting the Communications on Debt Domain, IntraLinks, Syndtrak or a substantially similar electronic transmission system (the “Platform”). (b) 6.4.2 Borrower hereby acknowledges that certain of the Lenders (each, a “Public Lender”) may have personnel who do not wish to receive material non-public information with respect to Borrower or its Affiliates, or the respective securities of any of the foregoing, and who may be engaged in investment and other market-related activities with respect to such Persons’ securities. Borrower hereby agrees that (i) all Communications that are to be made available to Public Lenders shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (ii) by marking Communications “PUBLIC,” Borrower shall be deemed to have authorized Administrative Agent, the Lenders, and Sole Lead Arranger and Sole Bookrunner to treat such Communications as not containing any material non-public information with respect to Borrower or any Affiliate thereof or their respective securities for purposes of United States federal Federal and state securities laws; (iii) all Communications marked “PUBLIC” are permitted to be made available through the Platform; and (iv) Administrative Agent and Agent, Sole Lead Arranger and Sole Bookrunner shall be entitled to treat any Communications that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform designated as “Non-Public Information.” (c) 6.4.3 The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the accuracy or completeness of the Communications or the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall Administrative Agent, Sole Lead Arranger, Sole Bookrunner or any of their Affiliates (collectively, the “Agent Parties”) have any liability to Borrower, any Lender or any other Person for losses, claims, damages, liabilities or expenses of any kind (whether in tort, contract or otherwise) arising out of Borrower’s or Agent Party’s transmission or posting of Borrower Information Materials through the Platform or via email, except to the extent that such losses, claims, damages, liabilities or expenses are determined by a court of competent jurisdiction by a final and non-appealable judgment to have resulted from the gross negligence or willful misconduct of such Agent Party; provided, however, that in no event shall any Agent Party have any liability to Borrower, any Lender or any other Person for indirect, special, incidental, consequential or punitive damages (as opposed to direct or actual damages). “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of Borrower or any Guarantor pursuant to any Loan Document or the transactions contemplated therein which is distributed to Administrative Agent, Sole Lead Arranger, Sole Bookrunner or any Lender by means of electronic communications pursuant to this Section, including through the Platform.

Platform. (a) ▇▇▇▇▇▇▇▇ agrees that Administrative Agent and ▇▇▇▇ Lead Arranger may, but shall not be obligated to, make the Communications (as defined below) available to the Lenders by posting the Communications on Debt Domain, IntraLinks, Syndtrak or a substantially similar electronic transmission system (the “Platform”). (b) Borrower hereby acknowledges that certain of the Lenders (each, a “Public Lender”) may have personnel who do not wish to receive material non-public information with respect to Borrower or its Affiliates, or the respective securities of any of the foregoing, and who may be engaged in investment and other market-related activities with respect to such Persons’ securities. Borrower hereby agrees that (i) all Communications that are to be made available to Public Lenders shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (ii) by marking Communications “PUBLIC,” Borrower shall be deemed to have authorized Administrative Agent, the Lenders, and Sole Lead Arranger to treat such Communications as not containing any material non-public information with respect to Borrower or any Affiliate thereof or their respective securities for purposes of United States federal and state securities laws; (iii) all Communications marked “PUBLIC” are permitted to be made available through the Platform; and (iv) Administrative Agent and Sole Lead Arranger shall be entitled to treat any Communications that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform designated as “Non-Public Information.” (c) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the accuracy or completeness of the Communications or the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall Administrative Agent, Sole Lead Arranger, or any of their Affiliates (collectively, the “Agent Parties”) have any liability to Borrower, any Lender or any other Person for losses, claims, damages, liabilities or expenses of any kind (whether in tort, contract or otherwise) arising out of Borrower’s or Agent Party’s transmission or posting of Borrower Information through the Platform or via email, except to the extent that such losses, claims, damages, liabilities or expenses are determined by a court of competent jurisdiction by a final and non-appealable judgment to have resulted from the gross negligence or willful misconduct of such Agent Party; provided, however, that in no event shall any Agent Party have any liability to Borrower, any Lender or any other Person for indirect, special, incidental, consequential or punitive damages (as opposed to direct or actual damages). “and

Platform. (i) The Company hereby acknowledges that (a) ▇▇▇▇▇▇▇▇ agrees that Administrative the Agent and ▇▇▇▇ Lead Arranger may, but shall not be obligated to, make the Communications (as defined below) available to the Lenders materials and/or information provided by or on behalf of the Company hereunder (collectively, “Company Materials”) by posting the Communications Company Materials on Debt Domain, IntraLinks, Syndtrak Syndtrak, ClearPar or a substantially similar electronic transmission system (the “Platform”). ) and (b) Borrower hereby acknowledges that certain of the Lenders (each, a “Public Lender”) may have personnel who do not wish to receive material non-public information with respect to Borrower the Company or its Affiliates, or the respective securities of any of the foregoing, and who may be engaged in investment and other market-related activities with respect to such Persons’ securities. Borrower The Company hereby agrees that (iw) all Communications Company Materials that are to be made available to Public Lenders shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (iix) by marking Communications Company Materials “PUBLIC,” Borrower the Company shall be deemed to have authorized Administrative Agent, the Lenders, Agent and Sole Lead Arranger the Lenders to treat such Communications Company Materials as not containing any material non-public information with respect to Borrower the Company or any Affiliate thereof or their respective its securities for purposes of United States federal Federal and state securities lawslaws (provided, however, that to the extent such Company Materials constitute Information, they shall be treated as set forth in Section 9.19); (iiiy) all Communications Company Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform; Platform designated “Public Side Information;” and (ivz) Administrative the Agent and Sole Lead Arranger shall be entitled to treat any Communications Company Materials that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform not designated as “Non-Public Side Information.” Notwithstanding the foregoing, the Company shall be under no obligation to ▇▇▇▇ any Company Materials “PUBLIC.” (cii) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the accuracy or completeness of the Communications or the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall Administrative Agent, Sole Lead Arranger, the Agent or any of their Affiliates its Related Parties (collectively, the “Agent Parties”) have any liability to Borrowerthe Company, any Lender or any other Person or entity for lossesdamages of any kind, claimsincluding, without limitation, direct or indirect, special, incidental or consequential damages, liabilities losses or expenses of any kind (whether in tort, contract or otherwise) arising out of Borrower’s the Company’s, or Agent Partythe Agent’s transmission or posting of Borrower Information communications through the Platform Platform. “Communications” means, collectively, any notice, demand, communication, information, document or via email, except other material provided by or on behalf of the Company pursuant to any Loan Document or the transactions contemplated therein which is distributed to the extent that such losses, claims, damages, liabilities Agent or expenses are determined by a court of competent jurisdiction by a final and non-appealable judgment to have resulted from the gross negligence or willful misconduct of such Agent Party; provided, however, that in no event shall any Agent Party have any liability to Borrower, any Lender or any other Person for indirectby means of electronic communications pursuant to this Section, special, incidental, consequential or punitive damages (as opposed to direct or actual damages). “including through the Platform.

Platform. (ai) ▇▇▇▇▇▇▇▇ agrees The Borrower hereby acknowledges that Administrative the Super Priority Agent and ▇▇▇▇ Lead Arranger may, but shall not be obligated to, make any materials provided by, or on behalf of, any Loan Party hereunder or under any other Super Priority Loan Document (collectively, the Communications (as defined below“Borrower Materials”) available to the Super Priority Lenders by posting the Communications Borrower Materials on Debt Domain, IntraLinks, Syndtrak or a substantially similar electronic transmission system (the “Platform”). (bii) The Borrower hereby acknowledges that certain of the Super Priority Lenders may be “public-side” Super Priority Lenders (eachi.e., a “Public Lender”) may have personnel who Super Priority Lenders that do not wish to receive material non-public information with respect to the Borrower or its Affiliatessecurities) (each, or the respective securities of any of the foregoing, and who may be engaged in investment and other market-related activities with respect to such Persons’ securitiesa “Public Super Priority Lender”). 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 Super Priority Lenders and that (iw) all Communications that are to be made available to Public Lenders such Borrower Materials shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean means that the word “PUBLIC” shall appear prominently on the first page thereof; (iix) by marking Communications Borrower Materials “PUBLIC,” the Borrower shall be deemed to have authorized Administrative Agent, the Lenders, Super Priority Agent and Sole Lead Arranger the Super Priority Lenders to treat such Communications Borrower Materials as not containing any material non-public information (although it may be sensitive and proprietary) with respect to the Borrower or any Affiliate thereof or their respective its securities for purposes of United States federal Federal and state securities lawslaws (provided that to the extent such Borrower Materials constitute Information, they shall be treated as set forth in Section 10.7); (iiiy) all Communications Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform; Platform designated “Public Side Information;” and (ivz) Administrative the Super Priority Agent and Sole Lead Arranger shall be entitled to treat any Communications Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform not designated as “Non-Public Side Information.” (c) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the accuracy or completeness of the Communications or the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall Administrative Agent, Sole Lead Arranger, or any of their Affiliates (collectively, the “Agent Parties”) have any liability to Borrower, any Lender or any other Person for losses, claims, damages, liabilities or expenses of any kind (whether in tort, contract or otherwise) arising out of Borrower’s or Agent Party’s transmission or posting of Borrower Information through the Platform or via email, except to the extent that such losses, claims, damages, liabilities or expenses are determined by a court of competent jurisdiction by a final and non-appealable judgment to have resulted from the gross negligence or willful misconduct of such Agent Party; provided, however, that in no event shall any Agent Party have any liability to Borrower, any Lender or any other Person for indirect, special, incidental, consequential or punitive damages (as opposed to direct or actual damages). “

Platform. (a) ▇B▇▇▇▇▇▇▇ agrees that Administrative Agent and ▇S▇▇▇ Lead Arranger may, but shall not be obligated to, make the Communications (as defined below) available to the Lenders by posting the Communications on Debt Domain, IntraLinks, Syndtrak or a substantially similar electronic transmission system (the “Platform”). (b) Borrower hereby acknowledges that certain of the Lenders (each, a “Public Lender”) may have personnel who do not wish to receive material non-public information with respect to Borrower or its Affiliates, or the respective securities of any of the foregoing, and who may be engaged in investment and other market-related activities with respect to such Persons’ securities. Borrower hereby agrees that (i) all Communications that are to be made available to Public Lenders shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (ii) by marking Communications “PUBLIC,” Borrower shall be deemed to have authorized Administrative Agent, the Lenders, and Sole Lead Arranger to treat such Communications as not containing any material non-public information with respect to Borrower or any Affiliate thereof or their respective securities for purposes of United States federal and state securities laws; (iii) all Communications marked “PUBLIC” are permitted to be made available through the Platform; and (iv) Administrative Agent and Sole Lead Arranger shall be entitled to treat any Communications that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform designated as “Non-Public Information.” (c) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the accuracy or completeness of the Communications or the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall Administrative Agent, Sole Lead Arranger, or any of their Affiliates (collectively, the “Agent Parties”) have any liability to Borrower, any Lender or any other Person for losses, claims, damages, liabilities or expenses of any kind (whether in tort, contract or otherwise) arising out of Borrower’s or Agent Party’s transmission or posting of Borrower Information through the Platform or via email, except to the extent that such losses, claims, damages, liabilities or expenses are determined by a court of competent jurisdiction by a final and non-appealable judgment to have resulted from the gross negligence or willful misconduct of such Agent Party; provided, however, that in no event shall any Agent Party have any liability to Borrower, any Lender or any other Person for indirect, special, incidental, consequential or punitive damages (as opposed to direct or actual damages). “

Platform. (ai) ▇▇▇▇▇▇▇▇ agrees The Borrower hereby acknowledges that the Administrative Agent and ▇▇▇▇ Lead and/or the Arranger may, but shall not be obligated to, make any materials provided by, or on behalf of, any Loan Party hereunder or under any other Loan Document (collectively, the Communications (as defined below“Borrower Materials”) available to the Lenders and the LC Issuing Lender by posting the Communications Borrower Materials on Debt Domain, IntraLinks, Syndtrak or a substantially similar electronic transmission system (the “Platform”). (bii) The Borrower hereby acknowledges that certain of the Lenders may be “public-side” Lenders (eachi.e., a “Public Lender”) may have personnel who Lenders that do not wish to receive material non-public information with respect to the Borrower or its Affiliatessecurities) (each, or the respective securities of any of the foregoing, and who may be engaged in investment and other market-related activities with respect to such Persons’ securitiesa “Public Lender”). 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 (iw) all Communications that are to be made available to Public Lenders such Borrower Materials shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean means that the word “PUBLIC” shall appear prominently on the first page thereof; (iix) by marking Communications Borrower Materials “PUBLIC,” the Borrower shall be deemed to have authorized the Administrative Agent, the LendersArranger, the LC Issuing Lender and Sole Lead Arranger the Lenders to treat such Communications Borrower Materials as not containing any material non-public information (although it may be sensitive and proprietary) with respect to the Borrower or any Affiliate thereof or their respective its securities for purposes of United States federal Federal and state securities lawslaws (provided that to the extent such Borrower Materials constitute Information, they shall be treated as set forth in Section 10.7); (iiiy) all Communications Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform; Platform designated “Public Side Information;” and (ivz) the Administrative Agent and Sole Lead the Arranger shall be entitled to treat any Communications Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform not designated as “Non-Public Side Information.” (ciii) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the accuracy or completeness adequacy of the Communications Borrower Materials or the adequacy of the Platform and expressly disclaim liability for errors or omissions in the CommunicationsBorrower Materials. No warranty of any kind, express, implied or statutory, including, without limitation, including any warranty of merchantability, fitness for a particular purpose, non-infringement of third-third party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications Borrower Materials or the Platform. In no event shall the Administrative Agent, Sole Lead Arranger, Agent or any of their Affiliates its Related Parties 90731114_8 (collectively, the “Agent Parties”) have any liability to the Borrower, any other Loan Party, any Lender, the LC Issuing Lender or any other Person for lossesdamages of any kind, claimsincluding direct or indirect, special, incidental or consequential damages, liabilities losses or expenses of any kind (whether in tort, contract or otherwise) arising out of the Borrower’s, any other Loan Party’s or any Agent Party’s transmission or posting of Borrower Information communications through the Platform or via email, except to the extent that such losses, claims, damages, liabilities or expenses are determined by a court of competent jurisdiction by a final and non-appealable judgment to have resulted from the gross negligence or willful misconduct of such Agent Party; provided, however, that in no event shall any Agent Party have any liability to Borrower, any Lender or any other Person for indirect, special, incidental, consequential or punitive damages (as opposed to direct or actual damages). “Platform.

Platform. (ai) ▇▇▇▇▇▇▇▇ The Borrower (on behalf of itself and each other Loan Party) agrees that (A) the Administrative Agent and ▇▇▇▇ Lead Arranger may, but shall not be obligated to, make the Communications (as defined below) (including of materials and/or information provided by or on behalf of the Borrower hereunder (collectively, the “Borrower Materials”)) available to the other Lenders by posting the Communications on Debt Domain, IntraLinksIntralinks, Syndtrak or a substantially similar electronic transmission system (the “Platform”). , and (bB) Borrower hereby acknowledges that certain of the Lenders may be “public-side” Lenders (eachi.e., a “Public Lender”) may have personnel who Lenders that do not wish to receive material non-public information with respect to the Borrower or its Affiliatessecurities) (each, or the respective securities of any of the foregoing, and who may be engaged in investment and other market-related activities with respect to such Persons’ securitiesa “Public Lender”). The Borrower hereby agrees that (iw) all Communications Borrower Materials that are to be made available to Public Lenders shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (iix) by marking Communications Borrower Materials “PUBLIC,” the Borrower shall be deemed to have authorized the Administrative Agent, Agent and the Lenders, and Sole Lead Arranger Lenders to treat such Communications Borrower Materials as not containing any material non-public information with respect to the Borrower or any Affiliate thereof or their respective its securities for purposes of United States federal and state securities lawslaws (provided, that to the extent such Borrower Materials constitute Information, they shall be treated as set forth in Section 11.12); (iiiy) all Communications Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the PlatformPlatform designated as “Public Investor”; and (ivz) the Administrative Agent and Sole Lead Arranger shall be entitled to treat any Communications Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform designated not marked as “NonPublic Investor.” Notwithstanding the foregoing, the following Borrower Materials shall be marked “PUBLIC”, unless the Borrower notifies the Administrative Agent promptly that any such document contains material non-Public Information.”public information: (c1) the Loan Documents (excluding any schedules thereto) and (2) any notification of changes in the terms of the Facility. Each Public Lender agrees to cause at least one individual at or on behalf of such Public Lender to at all times have selected the “Private Side Information” or similar designation on the content declaration screen of the Platform in order to enable such Public Lender or its delegate, in accordance with such Public Lender’s compliance procedures and Applicable Law, including United States Federal and state securities laws, to make reference to Communications that are not made available through the “Public Side Information” portion of the Platform and that may contain material non-public information with respect to the Borrower or its securities for purposes of United States Federal or state securities laws. (ii) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the accuracy or completeness of the Communications or the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including, without limitation, including any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall Administrative Agent, Sole Lead Arranger, or any of their Affiliates (collectively, the “Agent Parties”) have any liability to Borrower, any Lender or any other Person for losses, claims, damages, liabilities or expenses of any kind (whether in tort, contract or otherwise) arising out of Borrower’s or Agent Party’s transmission or posting of Borrower Information through the Platform or via email, except to the extent that such losses, claims, damages, liabilities or expenses are determined by a court of competent jurisdiction by a final and non-appealable judgment to have resulted from the gross negligence or willful misconduct of such Agent Party; provided, however, that in no event shall any Agent Party have any liability to Borrower, any Lender or any other Person for indirect, special, incidental, consequential or punitive damages (as opposed to direct or actual damages). “101 Credit Agreement

Platform. (ai) ▇▇▇▇▇▇▇▇ The Borrower agrees that the Administrative Agent and ▇▇▇▇ Lead Arranger may, but shall not be obligated to, make the Communications (as defined below) available to the Lenders by posting the Communications on Debt Domain, IntraLinks, Syndtrak or a substantially similar electronic transmission system (the “Platform”). (b) Borrower hereby acknowledges Platform and that certain of the Lenders (each, a “Public Lender”) may have personnel who do not wish to receive material non-public information with respect to Borrower the Loan Parties or its their Affiliates, or the respective securities of any of the foregoing, and who may be engaged in investment and other market-related activities with respect to such Persons’ securities. . (ii) The Borrower hereby acknowledges and agrees that so long as any Loan Party is the issuer of any outstanding debt or equity securities that are registered or issued pursuant to a private offering or is actively contemplating issuing any such securities it will use commercially reasonable efforts to identify that portion of the Communications that may be distributed to the Public Lenders and that: (A) all such Communications (i) all Communications that are to be made available to Public Lenders shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean means that the word “PUBLIC” shall appear prominently on the first page thereof; (iiB) by marking such Communications (ii) “PUBLIC,” the Borrower shall be deemed to have authorized the Administrative Agent, the Lenders, and Sole Lead Arranger and the Lenders to treat such Communications as not containing any material non-public information (although it may be sensitive and proprietary) with respect to Borrower any Loan Party or any Affiliate thereof or their respective its securities for purposes of United States federal Federal and state securities lawslaws (provided that to the extent such Communications constitute Information, they shall be treated as set forth in Section 10.14); (iiiC) all Communications marked “PUBLIC” are permitted to be made available through a portion of the PlatformPlatform designated “Public Side Information”; and (ivD) the 129 Administrative Agent and Sole the Lead Arranger shall be entitled to treat any Communications that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform not designated as “Non-Public Side Information.” (ciii) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the accuracy or completeness of the Communications or the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including, without limitation, including any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent, Sole Lead Arranger, Agent or any of their Affiliates its Related Parties (collectively, the “Agent Parties”) have any liability to Borrowerthe Borrower or the other Loan Parties, any Lender or any other Person or entity for lossesdamages of any kind, claimsincluding direct or indirect, special, incidental or consequential damages, liabilities losses or expenses of any kind (whether in tort, contract or otherwise) arising out of Borrowerany Loan Party’s or Agent Partythe Administrative Agent’s transmission or posting of Borrower Information communications through the Platform or via email, except to the extent that such losses, claims, damages, liabilities or expenses are determined by a court of competent jurisdiction by a final and non-appealable judgment to have resulted from the gross negligence or willful misconduct of such Agent Party; provided, however, that in no event shall any Agent Party have any liability to Borrower, any Lender or any other Person for indirect, special, incidental, consequential or punitive damages (as opposed to direct or actual damages). “Platform.

Platform. (a) ▇6.4.1 B▇▇▇▇▇▇▇ agrees that Administrative Agent and ▇Agent, S▇▇▇ Lead Arranger and Sole Bookrunner may, but shall not be obligated to, make the Communications (as defined below) available to the Lenders by posting the Communications on Debt Domain, IntraLinks, Syndtrak or a substantially similar electronic transmission system (the “Platform”). (b) 6.4.2 Borrower hereby acknowledges that certain of the Lenders (each, a “Public Lender”) may have personnel who do not wish to receive material non-public information with respect to Borrower or its Affiliates, or the respective securities of any of the foregoing, and who may be engaged in investment and other market-related activities with respect to such Persons’ securities. Borrower hereby agrees that (i) all Communications that are to be made available to Public Lenders shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (ii) by marking Communications “PUBLIC,” Borrower shall be deemed to have authorized Administrative Agent, the Lenders, and Sole Lead Arranger and Sole Bookrunner to treat such Communications as not containing any material non-public information with respect to Borrower or any Affiliate thereof or their respective securities for purposes of United States federal Federal and state securities laws; (iii) all Communications marked “PUBLIC” are permitted to be made available through the Platform; and (iv) Administrative Agent and Agent, Sole Lead Arranger and Sole Bookrunner shall be entitled to treat any Communications that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform designated as “Non-Public Information.” (c) ” The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the accuracy or completeness of the Communications or the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall Administrative Agent, Sole Lead Arranger, or any of their Affiliates (collectively, the “Agent Parties”) have any liability to Borrower, any Lender or any other Person for losses, claims, damages, liabilities or expenses of any kind (whether in tort, contract or otherwise) arising out of Borrower’s or Agent Party’s transmission or posting of Borrower Information through the Platform or via email, except to the extent that such losses, claims, damages, liabilities or expenses are determined by a court of competent jurisdiction by a final and non-appealable judgment to have resulted from the gross negligence or willful misconduct of such Agent Party; provided, however, that in no event shall any Agent Party have any liability to Borrower, any Lender or any other Person for indirect, special, incidental, consequential or punitive damages (as opposed to direct or actual damages). “Administrative

Platform. The Borrower hereby acknowledges that (ai) ▇▇▇▇▇▇▇▇ agrees that Administrative the Agent and ▇▇▇▇ Lead Arranger may, but shall not be obligated to, make the Communications (as defined below) available to the Lenders materials and/or information provided by or on behalf of the Borrower hereunder (collectively, “Borrower Materials”) by posting the Communications Borrower Materials on Debt Domain, IntraLinks, Syndtrak or a substantially another similar electronic transmission system (the “Platform”). ) and (bii) Borrower hereby acknowledges that certain of the Lenders (each, a “Public Lender”) may have personnel who do not wish to receive material non-public information with respect to the Borrower or its Affiliates, or the respective securities of any of the foregoing, and who may be engaged in investment and other market-related activities with respect to such Persons’ securities. The Borrower hereby agrees that (iw) all Communications Borrower Materials that are to be made available to Public Lenders shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (iix) by marking Communications Borrower Materials “PUBLIC,” the Borrower shall be deemed to have authorized Administrative Agent, the Lenders, Agent and Sole Lead Arranger the Lenders to treat such Communications Borrower Materials as not containing any material non-public information with respect to the Borrower or any Affiliate thereof or their respective its securities for purposes of United States federal Federal and state securities lawslaws (provided, however that, to the extent such Borrower Materials constitute Information, they shall be treated as set forth in Section 13.10); (iiiy) all Communications Borrower Materials marked “PUBLIC” ”“ are permitted to be made available through a portion of the Platform; Platform designated “Public Side Information;” and (ivz) Administrative the Agent and Sole Lead Arranger shall be entitled to treat any Communications Borrower Materials that are not marked “‘PUBLIC” as being suitable only for posting on a portion of the Platform not designated as “Non-Public Side Information.” (c) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant Notwithstanding the accuracy or completeness of the Communications or the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall Administrative Agent, Sole Lead Arranger, or any of their Affiliates (collectivelyforegoing, the Borrower shall be under no obligation to ▇▇▇▇ any Borrower Materials “Agent PartiesPUBLIC”) have any liability to Borrower, any Lender or any other Person for losses, claims, damages, liabilities or expenses of any kind (whether in tort, contract or otherwise) arising out of Borrower’s or Agent Party’s transmission or posting of Borrower Information through the Platform or via email, except to the extent that such losses, claims, damages, liabilities or expenses are determined by a court of competent jurisdiction by a final and non-appealable judgment to have resulted from the gross negligence or willful misconduct of such Agent Party; provided, however, that in no event shall any Agent Party have any liability to Borrower, any Lender or any other Person for indirect, special, incidental, consequential or punitive damages (as opposed to direct or actual damages). “.

Platform. (ai) ▇▇▇▇▇▇▇▇ Each Loan Party agrees that (A) the Administrative Agent and ▇▇▇▇ Lead Arranger may, but shall not be obligated to, make the Communications (as defined belowhereinafter) (including of materials or information provided by or on behalf of the Borrower hereunder (collectively, the “Borrower Materials”)) available to Issuing Banks and the Lenders by posting the Communications on Debt Domainthe Platform, IntraLinks, Syndtrak or a substantially similar electronic transmission system and (the “Platform”). (bB) Borrower hereby acknowledges that certain of the Lenders may be “public-side” Lenders (eachi.e., a “Public Lender”) may have personnel who Lenders that do not wish to receive material non-public information with respect to Borrower the Loan Parties or its Affiliatestheir securities) (each, or the respective securities of any of the foregoing, and who may be engaged in investment and other market-related activities with respect to such Persons’ securitiesa “Public Lender”). Borrower Each Loan Party hereby agrees that (iw) all Communications Borrower Materials that are to be made available to Public Lenders shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; , (iix) by marking Communications Borrower Materials “PUBLIC,” Borrower the Loan Parties shall be deemed to have authorized the Administrative Agent, Agent and the Lenders, and Sole Lead Arranger Lenders to treat such Communications Borrower Materials as not containing any material non-public information with respect to Borrower or any Affiliate thereof the Loan Parties or their respective securities for purposes of United States federal and state securities laws; laws (iiiprovided that, to the extent such Borrower Materials constitute Information, they shall be treated as set forth in Section 9.12), (y) all Communications Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform; Platform designated as “Public Investor”, and (ivz) the Administrative Agent and Sole Lead Arranger shall be entitled to treat any Communications Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform designated not marked as “NonPublic Investor”. Notwithstanding the foregoing, the following Borrower Materials shall be marked “PUBLIC”, unless the Loan Parties notify the Administrative Agent promptly that any such document contains material non-public information: (1) the Loan Documents, and (2) any notification of changes in the terms of the Facility. Each Public Lender agrees to cause at least one individual at or on behalf of such Public Lender to at all times have selected the “Private Side Information” or similar designation on the content declaration screen of the Platform in order to enable such Public Lender or its delegate, in accordance with such Public Lender’s compliance procedures and Applicable Law, including United States Federal and state securities laws, to make reference to Communications that are not made available through the “Public Side Information” portion of the Platform and that may contain material non-public information with respect to the Loan Parties or their securities for purposes of United States Federal or state securities laws.” (cii) The Platform is provided “as is” and “as available.” ”. The Agent Parties (as defined belowhereinafter) do not warrant the accuracy or completeness of the Communications or the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including, without limitation, including any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent, Sole Lead Arranger, Agent or any of their Affiliates its Related Parties (collectively, the “Agent Parties”) have any liability to Borrowerthe Borrower or the other Loan Parties, any Lender or any other Person or entity for lossesdamages of any kind, claimsincluding direct or indirect, special, incidental, consequential, punitive or exemplary damages, liabilities losses or expenses of any kind (whether in tort, contract or otherwise) arising out of the Borrower’s, any other Loan Party’s or Agent Partythe Administrative Agent’s transmission or posting of Borrower Information communications through the Platform Platform. “Communications” means, collectively, any notice, demand, communication, information, document or via email, except other material provided by or on behalf of the Borrower or any other Loan Party pursuant to any Loan Document or the transactions contemplated therein which is distributed to the extent that such losses, claims, damages, liabilities or expenses are determined by a court of competent jurisdiction by a final and non-appealable judgment to have resulted from the gross negligence or willful misconduct of such Agent Party; provided, however, that in no event shall any Agent Party have any liability to BorrowerAdministrative Agent, any Lender or any other Person for indirectIssuing Bank by means of electronic communications pursuant to this Section 9.1, special, incidental, consequential or punitive damages (as opposed to direct or actual damages). “including through the Platform.

Platform. (ai) ▇▇▇▇▇▇▇▇ The Borrower agrees that the Administrative Agent and ▇▇▇▇ Lead Arranger may, but shall not be obligated to, make the Communications (as defined below) available to the L/C Issuer and the other Lenders by posting the Communications on Debt Domain, IntraLinks, Syndtrak or a substantially similar electronic transmission system (the “Platform”). (b) Borrower hereby acknowledges Platform and that certain of the Lenders (each, a “Public Lender”) may have personnel who do not wish to receive material non-public information with respect to Borrower the Loan Parties or its their Affiliates, or the respective securities of any of the foregoing, and who may be engaged in investment and other market-related activities with respect to such Persons’ securities. . (ii) The Borrower hereby agrees that so long as any Loan Party is the issuer of any outstanding debt or equity securities that are registered it will use commercially reasonable efforts to identify that portion of the Communications that may be distributed to the Public Lenders and that: (A) all such (i) all Communications that are to be made available to Public Lenders shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean means that the word “PUBLIC” shall appear prominently on the first page thereof; (iiB) by marking Communications (ii) “PUBLIC,” the Borrower shall be deemed to have authorized the Administrative Agent, the Lenders, and Sole Lead Arranger and the Lenders to treat such Communications as not containing any material non-public information (although it may be sensitive and proprietary) with respect to Borrower any Loan Party or any Affiliate thereof or their respective its securities for purposes of United States federal Federal and state securities lawslaws (provided, however, that to the extent such Communications constitute Information, they shall be treated as set forth in Section 10.14); (iiiC) all Communications marked “PUBLIC” are permitted to be made available through a portion of the PlatformPlatform designated “Public Side Information”; and (ivD) the Administrative Agent and Sole the Lead Arranger shall be entitled to treat any Communications that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform not designated as “Non-Public Side Information”.” (ciii) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the accuracy or completeness of the Communications or the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including, without limitation, including any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent, Sole Lead Arranger, Agent or any of their Affiliates its Related Parties (collectively, the “Agent Parties”) have any liability to Borrowerthe Borrower or the other Loan Parties, any Lender or any other Person or entity for lossesdamages of any kind, claimsincluding direct or indirect, special, incidental or consequential damages, liabilities losses or expenses of any kind (whether in tort, contract or otherwise) arising out of Borrower’s or Agent Partythe Administrative Agent’s transmission or posting of Borrower Information communications through the Platform or via emailPlatform, except to the extent that such losses, claims, damages, liabilities or expenses are determined by a court of competent jurisdiction by a final and non-appealable judgment to have resulted damages result from the Administrative Agent’s gross negligence or willful misconduct of such Agent Party; provided, however, that in no event shall any Agent Party have any liability to Borrower, any Lender or any other Person for indirect, special, incidental, consequential or punitive damages (as opposed to direct or actual damages). “misconduct.

Platform. (ai) ▇▇▇▇▇▇▇▇ Each of the Loan Parties agrees that Administrative Agent and ▇▇▇▇ Lead Arranger may, but shall not be obligated to, make the Communications (as defined below) available to the L/C Issuer and the other Lenders by posting the Communications on Debt Domain, IntraLinks, Syndtrak or a substantially similar electronic transmission system (the “Platform”). (b) Borrower hereby acknowledges Platform and that certain of the Lenders (each, a “Public Lender”) may have personnel who do not wish to receive material non-public information with respect to Borrower Loan Parties or its their Affiliates, or the respective securities of any of the foregoing, and who may be engaged in investment and other market-related activities with respect to such Persons’ securities. Borrower . (ii) Each of the Loan Parties hereby acknowledges and agrees that so long as any Loan Party is the issuer of any outstanding debt or equity securities that are registered or issued pursuant to a private offering or is actively contemplating issuing any such securities it will use commercially reasonable efforts to identify that portion of the Communications that may be distributed to the Public Lenders and that: (A) all such (i) all Communications that are to be made available to Public Lenders shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean means that the word “PUBLIC” shall appear prominently on the first page thereof; (iiB) by marking Communications (ii) “PUBLIC,” Borrower each of the Loan Parties shall be deemed to have authorized Administrative Agent, the LendersArranger, and Sole Lead Arranger Lenders to treat such Communications as not containing any material non-public information (although it may be sensitive and proprietary) with respect to Borrower any Loan Party or any Affiliate thereof or their respective its securities for purposes of United States federal Federal and state securities lawslaws (provided, however, that to the extent such Communications constitute Information, they shall be treated as set forth in Section 10.14); (iiiC) all Communications marked “PUBLIC” are permitted to be made available through a portion of the PlatformPlatform designated “Public Side Information”; and (ivD) Administrative Agent and Sole Lead Arranger shall be entitled to treat any Communications that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform not designated as “Non-Public Side Information”.” (ciii) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the accuracy or completeness of the Communications or the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including, without limitation, including any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall Administrative Agent, Sole Lead Arranger, Agent or any of their Affiliates its Related Parties (collectively, the “Agent Parties”) have any liability to Borrowerany Borrower or the other Loan Parties, any Lender or any other Person or entity for lossesdamages of any kind, claimsincluding direct or indirect, special, incidental or consequential damages, liabilities losses or expenses of any kind (whether in tort, contract or otherwise) arising out of Borrowerany Loan Party’s or Agent PartyAdministrative Agent’s transmission or posting of Borrower Information communications through the Platform or via email, except to the extent that such losses, claims, damages, liabilities or expenses are determined by a court of competent jurisdiction by a final and non-appealable judgment to have resulted from the gross negligence or willful misconduct of such Agent Party; provided, however, that in no event shall any Agent Party have any liability to Borrower, any Lender or any other Person for indirect, special, incidental, consequential or punitive damages (as opposed to direct or actual damages). “Platform.

Platform. (a) ▇▇▇▇▇▇▇▇ Each Credit Party further agrees that Administrative Agent and ▇▇▇▇ Lead Arranger may, but shall not be obligated to, may make the Communications (as defined below) available to the Lenders by posting the Communications on Debt Domain, IntraLinks, Syndtrak SyndTrak or a substantially similar electronic transmission system (the “Platform”). (b) . The Borrower hereby acknowledges that certain of the Lenders (each, a “Public Lender”) may have personnel who do not wish to receive material non-public information with respect to the Borrower or its Affiliates, or the respective securities of any of the foregoing, and who may be engaged in investment and other market-related activities with respect to such Persons’ securities. The Borrower hereby agrees that so long as the Borrower is the issuer of any outstanding debt or Equity Interests that are registered or issued pursuant to a private offering or is actively contemplating issuing any such securities it will use commercially reasonable efforts to identify that portion of the Communications that may be distributed to the Public Lenders and that (i1) all such Communications that are to be made available to Public Lenders shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (ii2) by marking Communications “PUBLIC,” the Borrower shall be deemed to have authorized the Administrative Agent, any Affiliate thereof, the LendersArranger, the LC Issuers and Sole Lead Arranger the Lenders to treat such Communications as not containing any material non-public information (although it may be sensitive and proprietary) with respect to the Borrower or any Affiliate thereof or their respective its securities for purposes of United States federal and state securities lawslaws (provided, however, that to the extent such Communications constitute Confidential Information, they shall be treated as set forth in ‎Section 11.15); (iii3) all Communications marked “PUBLIC” are permitted to be made available through a portion of the Platform; Platform designated “Public Side Information;” and (iv4) the Administrative Agent and Sole Lead the any Affiliate thereof and the Arranger shall be entitled to treat any Communications that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform not designated as “Non-Public Side Information.” (c) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the accuracy or completeness of the Communications or the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall Administrative Agent, Sole Lead Arranger, or any of their Affiliates (collectively, the “Agent Parties”) have any liability to Borrower, any Lender or any other Person for losses, claims, damages, liabilities or expenses of any kind (whether in tort, contract or otherwise) arising out of Borrower’s or Agent Party’s transmission or posting of Borrower Information through the Platform or via email, except to the extent that such losses, claims, damages, liabilities or expenses are determined by a court of competent jurisdiction by a final and non-appealable judgment to have resulted from the gross negligence or willful misconduct of such Agent Party; provided, however, that in no event shall any Agent Party have any liability to Borrower, any Lender or any other Person for indirect, special, incidental, consequential or punitive damages (as opposed to direct or actual damages). “

Platform. (ai) ▇▇▇▇▇▇▇▇ The Borrower agrees that the Administrative Agent and ▇▇▇▇ Lead Arranger may, but shall not be obligated to, make the Communications (as defined below) available to the L/C Issuer and the other Lenders by posting the Communications on Debt Domain, IntraLinks, Syndtrak or a substantially similar electronic transmission system (the “Platform”). (b) Borrower hereby acknowledges Platform and that certain of the Lenders (each, a “Public Lender”) may have personnel who do not wish to receive material non-public information with respect to Borrower the Loan Parties or its their Affiliates, or the respective securities of any of the foregoing, and who may be engaged in investment and other market-related activities with respect to such Persons’ securities. . (ii) The Borrower hereby acknowledges and agrees that so long as any Loan Party is the issuer of any outstanding debt or equity securities that are registered or issued pursuant to a private offering or is actively contemplating issuing any such securities it will use commercially reasonable efforts to identify that portion of the Communications that may be distributed to the Public Lenders and that: (A) all such Communications (i) all Communications that are to be made available to Public Lenders shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean means that the word “PUBLIC” shall appear prominently on the first page thereof; (iiB) by marking such Communications (ii) “PUBLIC,” the Borrower shall be deemed to have authorized the Administrative Agent, the Lenders, and Sole Lead Arranger and the Lenders to treat such Communications as not containing any material non-public information (although it may be sensitive and proprietary) with respect to Borrower any Loan Party or any Affiliate thereof or their respective its securities for purposes of United States federal Federal and state securities lawslaws (provided, however, that to the extent such Communications constitute Information, they shall be treated as set forth in Section 10.14); (iiiC) all Communications marked “PUBLIC” are permitted to be made available through a portion of the PlatformPlatform designated “Public Side Information”; and (ivD) the Administrative Agent and Sole the Lead Arranger shall be entitled to treat any Communications that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform not designated as “Non-Public Side Information”.” (ciii) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the accuracy or completeness of the Communications or the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including, without limitation, including any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent, Sole Lead Arranger, Agent or any of their Affiliates its Related Parties (collectively, the “Agent Parties”) have any liability to Borrowerthe Borrower or the other Loan Parties, any Lender or any other Person or entity for lossesdamages of any kind, claimsincluding direct or indirect, special, incidental or consequential damages, liabilities losses or expenses of any kind (whether in tort, contract or otherwise) arising out of Borrowerany Loan Party’s or Agent Partythe Administrative Agent’s transmission or posting of Borrower Information communications through the Platform or via email, except to the extent that such losses, claims, damages, liabilities or expenses are determined by a court of competent jurisdiction by a final and non-appealable judgment to have resulted from the gross negligence or willful misconduct of such Agent Party; provided, however, that in no event shall any Agent Party have any liability to Borrower, any Lender or any other Person for indirect, special, incidental, consequential or punitive damages (as opposed to direct or actual damages). “Platform.

Platform. (i) The Borrower hereby acknowledges that (a) ▇▇▇▇▇▇▇▇ agrees that the Administrative Agent and ▇▇▇▇ Lead Arranger may, but shall not be obligated to, make the Communications (as defined below) available to the Lenders materials and/or information provided by or on behalf of the Borrower hereunder (collectively, “Borrower Materials”) by posting the Communications Borrower Materials on Debt Domain, IntraLinks, Syndtrak Syndtrak, ClearPar or a substantially similar electronic transmission system (the “Platform”). ) and (b) Borrower hereby acknowledges that certain of the Lenders (each, a “Public Lender”) may have personnel who do not wish to receive material non-public information with respect to the Borrower or its Affiliates, or the respective securities of any of the foregoing, and who may be engaged in investment and other market-related activities with respect to such Persons’ securities. The Borrower hereby agrees that (iw) all Communications Borrower Materials that are to be made available to Public Lenders shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (iix) by marking Communications Borrower Materials “PUBLIC,” the Borrower shall be deemed to have authorized the Administrative Agent, Agent and the Lenders, and Sole Lead Arranger Lenders to treat such Communications Borrower Materials as not containing any material non-public information with respect to the Borrower or any Affiliate thereof or their respective its securities for purposes of United States federal Federal and state securities lawslaws (provided, however, that to the extent such Borrower Materials constitute Information, they shall be treated as set forth in Section 9.19); (iiiy) all Communications Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform; Platform designated “Public Side Information;” and (ivz) the Administrative Agent and Sole Lead Arranger shall be entitled to treat any Communications Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform not designated as “Non-Public Side Information.” Notwithstanding the foregoing, the Borrower shall be under no obligation to ▇▇▇▇ any Borrower Materials “PUBLIC.” (cii) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the accuracy or completeness of the Communications or the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall Administrative Agent, Sole Lead Arranger, or any of their Affiliates (collectively, the “Agent Parties”) have any liability to Borrower, any Lender or any other Person for losses, claims, damages, liabilities or expenses of any kind (whether in tort, contract or otherwise) arising out of Borrower’s or Agent Party’s transmission or posting of Borrower Information through the Platform or via email, except to the extent that such losses, claims, damages, liabilities or expenses are determined by a court of competent jurisdiction by a final and non-appealable judgment to have resulted from the gross negligence or willful misconduct of such Agent Party; provided, however, that in no event shall any Agent Party have any liability to Borrower, any Lender or any other Person for indirect, special, incidental, consequential or punitive damages (as opposed to direct or actual damages). “55 #90857912v6

Platform. Borrower hereby acknowledges that (ai) ▇▇▇▇▇▇▇▇ agrees that Administrative each Agent and ▇▇▇▇ Lead Arranger and/or an Affiliate thereof may, but shall not be obligated to, make the Communications (as defined below) available to the Lenders and the Issuing Banks materials and/or information provided by or on behalf of Borrower hereunder (collectively, “Borrower Materials”) by posting the Communications Borrower Materials on Debt Domain, IntraLinks, Syndtrak Syndtrak, ClearPar or a substantially similar electronic transmission system (the “Platform”). ) and (bii) Borrower hereby acknowledges that certain of the Lenders (each, a “Public Lender”) may have personnel who do not wish to receive material non-public information with respect to Borrower or its Affiliates, or the respective securities of any of the foregoing, and who may be engaged in investment and other market-related activities with respect to such Persons’ securities. 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 (iA) all Communications that are to be made available to Public Lenders 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 first page thereof; (iiB) by marking Communications Borrower Materials “PUBLIC,” Borrower shall be deemed to have authorized Administrative each Agent, the Lendersany Affiliate thereof, each Lead Arranger, each Issuing Bank and Sole Lead Arranger each Lender to treat such Communications Borrower Materials as not containing any material non-public information (although it may be sensitive and proprietary) with respect to Borrower or any Affiliate thereof or their respective its securities for purposes of United States federal and state securities lawslaws (provided, that, to the extent such Borrower Materials constitute Information, they shall be treated as set forth in Section 10.12); (iiiC) all Communications Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform; Platform designated “Public Side Information;” and (ivD) Administrative each Agent and Sole any Affiliate thereof and each Lead Arranger shall be entitled to treat any Communications Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform not designated as “Non-Public Side Information.” Notwithstanding the foregoing, Borrower shall be under no obligation to mark any Borrower Materials “PUBLIC” (c) The Platform is provided . THE PLATFORM IS PROVIDED “as isAS IS” and AND “as availableAS AVAILABLE.” The Agent Parties THE AGENT PARTIES (as defined belowAS DEFINED BELOW) do not warrant the accuracy or completeness of the Communications or the adequacy of the Platform and expressly disclaim liability for errors or omissions in the CommunicationsDO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE BORROWER MATERIALS OR THE ADEQUACY OF THE PLATFORM, AND EXPRESSLY DISCLAIM LIABILITY FOR ERRORS IN OR OMISSIONS FROM THE BORROWER MATERIALS. No warranty of any kindNO WARRANTY OF ANY KIND, expressEXPRESS, implied or statutoryIMPLIED OR STATUTORY, includingINCLUDING ANY WARRANTY OF MERCHANTABILITY, without limitationFITNESS FOR A PARTICULAR PURPOSE, any warranty of merchantabilityNON-INFRINGEMENT OF THIRD PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the PlatformIS MADE BY ANY AGENT PARTY IN CONNECTION WITH THE BORROWER MATERIALS OR THE PLATFORM. In no event shall Administrative Agent, Sole Lead Arranger, any Agent or any of their Affiliates its Related Parties (collectively, the “Agent Parties”) have any liability to Borrower, any Lender Lender, any Issuing Bank or any other Person for losses, claims, damages, liabilities or expenses of any kind (whether in tort, contract or otherwise) arising out of Borrower’s, any Loan Party’s or Agent Partyany Agent’s transmission or posting of Borrower Information Materials or notices through the Platform or via email, except to the extent that such losses, claims, damages, liabilities or expenses are determined by a court of competent jurisdiction by a final and non-appealable judgment to have resulted from the gross negligence or willful misconduct of such Agent Party; provided, however, that in no event shall any Agent Party have any liability to BorrowerPlatform, any Lender other electronic platform or any other Person for indirectelectronic messaging service, special, incidental, consequential or punitive damages (as opposed to direct or actual damages). “through the Internet.

Platform. (ai) ▇▇▇▇▇▇▇▇ agrees The Borrower that the Administrative Agent and ▇▇▇▇ Lead Arranger may, but shall not be obligated to, make the Communications (as defined below) available to the L/C Issuer and the other Lenders by posting the Communications on Debt Domain, IntraLinks, Syndtrak or a substantially similar electronic transmission system (the “Platform”). (b) Borrower hereby acknowledges Platform and that certain of the Lenders (each, a “Public Lender”) may have personnel who do not wish to receive material non-public information with respect to Borrower the Loan Parties or its their Affiliates, or the respective securities of any of the foregoing, and who may be engaged in investment and other market-related activities with respect to such Persons’ securities. . (ii) The Borrower hereby agrees that so long as any Loan Party is the issuer of any outstanding debt or equity securities that are registered or issued pursuant to a private offering or is actively contemplating issuing any such securities it will use commercially reasonable efforts to identify that portion of the Communications that may be distributed to the Public Lenders and that: (A) all such (i) all Communications that are to be made available to Public Lenders shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean means that the word “PUBLIC” shall appear prominently on the first page thereof; (iiB) by marking Communications (ii) “PUBLIC,” the Borrower shall be deemed to have authorized the Administrative Agent, the Lenders, and Sole Lead Arranger and the Lenders to treat such Communications as not containing any material non-public information (although it may be sensitive and proprietary) with respect to Borrower any Loan Party or any Affiliate thereof or their respective its securities for purposes of United States federal Federal and state securities lawslaws (provided, however, that to the extent such Communications constitute Information, they shall be treated as set forth in Section 10.14); (iiiC) all Communications marked “PUBLIC” are permitted to be made available through a portion of the PlatformPlatform designated “Public Side Information”; and (ivD) the Administrative Agent and Sole the Lead Arranger shall be entitled to treat any Communications that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform designated as “Non-Public Information.” (c) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the accuracy or completeness of the Communications or the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall Administrative Agent, Sole Lead Arranger, or any of their Affiliates (collectively, the “Agent Parties”) have any liability to Borrower, any Lender or any other Person for losses, claims, damages, liabilities or expenses of any kind (whether in tort, contract or otherwise) arising out of Borrower’s or Agent Party’s transmission or posting of Borrower Information through the Platform or via email, except to the extent that such losses, claims, damages, liabilities or expenses are determined by a court of competent jurisdiction by a final and non-appealable judgment to have resulted from the gross negligence or willful misconduct of such Agent Party; provided, however, that in no event shall any Agent Party have any liability to Borrower, any Lender or any other Person for indirect, special, incidental, consequential or punitive damages (as opposed to direct or actual damages). “marked

Platform. (ai) ▇▇▇▇▇▇▇▇ agrees The Borrower hereby acknowledges that (x) the Administrative Agent and ▇▇▇▇ Lead Arranger may, but shall not be obligated to, will make the Communications (as defined below) available to the Lenders materials and/or information provided by or on behalf of the Borrower hereunder (collectively, the “Borrower Materials”) by posting the Communications Borrower Materials on Debt Domain, IntraLinks, Syndtrak or a substantially similar an electronic transmission system designated by the Administrative Agent (the “Platform”). ) and (by) Borrower hereby acknowledges that certain of the Lenders may be “public-side” Lenders (eachi.e., a “Public Lender”) may have personnel who Lenders that do not wish to receive material non-public information with respect to Holdings (or any parent thereof) or the Borrower or its Affiliates, or the respective securities of any of the foregoingtheir respective securities) (each, and who may be engaged in investment and other market-related activities with respect to such Persons’ securitiesa “Public Lender”). The Borrower hereby agrees that (i) all Communications that are to be made available to Public Lenders shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (iiA) by marking Communications Borrower Materials “PUBLIC,” the Borrower shall be deemed to have authorized the Administrative Agent, Agent and the Lenders, and Sole Lead Arranger Lenders to treat such Communications Borrower Materials as not containing any material non-non- public information with respect to Holdings (or any parent thereof) or the Borrower or any Affiliate thereof or of their respective securities for purposes of United States federal and state securities lawslaws (provided, however, that to the extent such Borrower Materials constitute Information, they shall be treated as set forth in Section 10.08); (iiiB) all Communications Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the PlatformPlatform designated as “Public Investor”; and (ivC) the Administrative Agent and Sole Lead Arranger shall be entitled to treat any Communications Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform designated not marked as “Non-Public Information.” (c) The Platform is provided “as is” and “as availableInvestor.” The Notwithstanding the foregoing, the following Borrower Materials shall be deemed to be marked “PUBLIC” unless the Borrower notifies the Administrative Agent Parties (as defined below) do not warrant the accuracy or completeness of the Communications or the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of promptly that any kind, express, implied or statutory, including, without limitation, any warranty of merchantability, fitness for a particular purpose, such document contains material non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with public information: (1) the Communications or the Platform. In no event shall Administrative Agent, Sole Lead Arranger, or any of their Affiliates (collectively, the “Agent Parties”) have any liability to Borrower, any Lender or any other Person for losses, claims, damages, liabilities or expenses of any kind (whether in tort, contract or otherwise) arising out of Borrower’s or Agent Party’s transmission or posting of Borrower Information through the Platform or via email, except to the extent that such losses, claims, damages, liabilities or expenses are determined by a court of competent jurisdiction by a final and non-appealable judgment to have resulted from the gross negligence or willful misconduct of such Agent Party; provided, however, that in no event shall any Agent Party have any liability to Borrower, any Lender or any other Person for indirect, special, incidental, consequential or punitive damages (as opposed to direct or actual damages). “Loan Documents,

Platform. (ai) ▇▇▇▇▇▇▇▇ The Borrower agrees that the Administrative Agent and ▇▇▇▇ Lead Arranger may, but shall not be obligated to, make the Communications (as defined below) available to the L/C Issuer and the other Lenders by posting the Communications on Debt Domain, IntraLinks, Syndtrak or a substantially similar electronic transmission system (the “Platform”). (b) Borrower hereby acknowledges Platform and that certain of the Lenders (each, a “Public Lender”) may have personnel who do not wish to receive material non-public information with respect to Borrower the Loan Parties or its their Affiliates, or the respective securities of any of the foregoing, and who may be engaged in investment and other market-related activities with respect to such Persons’ securities. . (ii) The Borrower hereby agrees that so long as any Loan Party is the issuer of any outstanding debt or equity securities that are registered or issued pursuant to a private offering or is actively contemplating issuing any such securities it will use commercially reasonable efforts to identify that portion of the Communications that may be distributed to the Public Lenders and that: (A) all such (i) all Communications that are to be made available to Public Lenders shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean means that the word “PUBLIC” shall appear prominently on the first page thereof; (iiB) by marking Communications (ii) “PUBLIC,” the Borrower shall be deemed to have authorized the - 132 - Administrative Agent, the Lenders, and Sole Lead Arranger and the Lenders to treat such Communications as not containing any material non-public information (although it may be sensitive and proprietary) with respect to Borrower any Loan Party or any Affiliate thereof or their respective its securities for purposes of United States federal Federal and state securities lawslaws (provided, however, that to the extent such Communications constitute Information, they shall be treated as set forth in Section 10.14); (iiiC) all Communications marked “PUBLIC” are permitted to be made available through a portion of the PlatformPlatform designated “Public Side Information”; and (ivD) the Administrative Agent and Sole the Lead Arranger Arrangers shall be entitled to treat any Communications that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform not designated as “Non-Public Side Information”. The Borrower acknowledges and agrees that the DQ List shall be deemed suitable for posting and may be posted by the Administrative Agent on the Platform, including the portion of the Platform designated for Public Lenders. The Borrower acknowledges and agrees that the DQ List shall be deemed suitable for posting and may be posted by the Administrative Agent on the Platform, including the portion of the Platform that is designated for Public Lenders.” (ciii) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the accuracy or completeness of the Communications or the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including, without limitation, including any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall the Administrative Agent, Sole Lead Arranger, Agent or any of their Affiliates its Related Parties (collectively, the “Agent Parties”) have any liability to Borrowerthe Borrower or the other Loan Parties, any Lender or any other Person or entity for lossesdamages of any kind, claimsincluding direct or indirect, special, incidental or consequential damages, liabilities losses or expenses of any kind (whether in tort, contract or otherwise) arising out of Borrowerany Loan Party’s or Agent Partythe Administrative Agent’s transmission or posting of Borrower Information communications through the Platform or via email, except to the extent that such losses, claims, damages, liabilities or expenses are determined by a court of competent jurisdiction by a final and non-appealable judgment to have resulted from the gross negligence or willful misconduct of such Agent Party; provided, however, that in no event shall any Agent Party have any liability to Borrower, any Lender or any other Person for indirect, special, incidental, consequential or punitive damages (as opposed to direct or actual damages). “Platform.

Platform. Borrower hereby acknowledges that (ai) ▇▇▇▇▇▇▇▇ agrees that Administrative each Agent and ▇▇▇▇ Lead Arranger and/or an Affiliate thereof may, but shall not be obligated to, make the Communications (as defined below) available to the Lenders and the Issuing Banks materials and/or information provided by or on behalf of Borrower hereunder (collectively, “Borrower Materials”) by posting the Communications Borrower Materials on Debt Domain, IntraLinks, Syndtrak Syndtrak, ClearPar or a substantially similar electronic transmission system (the “Platform”). ) and (bii) Borrower hereby acknowledges that certain of the Lenders (each, a “Public Lender”) may have personnel who do not wish to receive material non-public information with respect to Borrower or its Affiliates, or the respective securities of any of the foregoing, and who may be engaged in investment and other market-related activities with respect to such Personspersons’ securities. 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 (iA) all Communications that are to be made available to Public Lenders 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 first page thereof; (iiB) by marking Communications Borrower Materials “PUBLIC,” Borrower shall be deemed to have authorized Administrative each Agent, the Lendersany Affiliate thereof, each Lead Arranger, each Issuing Bank and Sole Lead Arranger each Lender to treat such Communications Borrower Materials as not containing any material non-public information (although it may be sensitive and proprietary) with respect to Borrower or any Affiliate thereof or their respective its securities for purposes of United States federal and state securities lawslaws (provided, that, to the extent such Borrower Materials constitute Information, they shall be treated as set forth in Section 10.12); (iiiC) all Communications Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform; Platform designated “Public Side Information;” and (ivD) Administrative each Agent and Sole any Affiliate thereof and each Lead Arranger shall be entitled to treat any Communications Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform not designated as “Non-Public Side Information.” Notwithstanding the foregoing, Borrower shall be under no obligation to ▇▇▇▇ any Borrower Materials “PUBLIC” (c) The Platform is provided . THE PLATFORM IS PROVIDED “as isAS IS” and AND “as availableAS AVAILABLE.” The Agent Parties THE AGENT PARTIES (as defined belowAS DEFINED BELOW) do not warrant the accuracy or completeness of the Communications or the adequacy of the Platform and expressly disclaim liability for errors or omissions in the CommunicationsDO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE BORROWER MATERIALS OR THE ADEQUACY OF THE PLATFORM, AND EXPRESSLY DISCLAIM LIABILITY FOR ERRORS IN OR OMISSIONS FROM THE BORROWER MATERIALS. No warranty of any kindNO WARRANTY OF ANY KIND, expressEXPRESS, implied or statutoryIMPLIED OR STATUTORY, includingINCLUDING ANY WARRANTY OF MERCHANTABILITY, without limitationFITNESS FOR A PARTICULAR PURPOSE, any warranty of merchantabilityNON-INFRINGEMENT OF THIRD PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the PlatformIS MADE BY ANY AGENT PARTY IN CONNECTION WITH THE BORROWER MATERIALS OR THE PLATFORM. In no event shall Administrative Agent, Sole Lead Arranger, any Agent or any of their Affiliates its Related Parties (collectively, the “Agent Parties”) have any liability to Borrower, any Lender Lender, any Issuing Bank or any other Person person for losses, claims, damages, liabilities or expenses of any kind (whether in tort, contract or otherwise) arising out of Borrower’s, any Loan Party’s or Agent Partyany Agent’s transmission or posting of Borrower Information Materials or notices through the Platform or via email, except to the extent that such losses, claims, damages, liabilities or expenses are determined by a court of competent jurisdiction by a final and non-appealable judgment to have resulted from the gross negligence or willful misconduct of such Agent Party; provided, however, that in no event shall any Agent Party have any liability to BorrowerPlatform, any Lender other electronic platform or any other Person for indirectelectronic messaging service, special, incidental, consequential or punitive damages (as opposed to direct or actual damages). “through the Internet.

Platform. (a) ▇▇▇▇▇▇▇▇ Each Credit Party further agrees that Administrative Agent and ▇▇▇▇ Lead Arranger may, but shall not be obligated to, may make the Communications (as defined below) available to the Lenders by posting the Communications on Debt Domain, IntraLinks, Syndtrak Intralinks or a substantially similar electronic transmission system (the “Platform”). (b) . The Borrower hereby acknowledges that certain of the Lenders (each, a “Public Lender”) may have personnel who do not wish to receive material non-public information with respect to the Borrower or its Affiliates, or the respective securities of any of the foregoing, and who may be engaged in investment and other market-related activities with respect to such Persons’ securities. The Borrower hereby agrees that so long as the Borrower is the issuer of any outstanding debt or Equity Interests that are registered or issued pursuant to a private offering or is actively contemplating issuing any such securities it will use commercially reasonable efforts to identify that portion of the Communications that may be distributed to the Public Lenders and that (i1) all such Communications that are to be made available to Public Lenders shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (ii2) by marking Communications “PUBLIC,” the Borrower shall be deemed to have authorized the Administrative Agent, any Affiliate thereof, the LendersArranger, the LC Issuer and Sole Lead Arranger the Lenders to treat such Communications as not containing any material non-public information (although it may be sensitive and proprietary) with respect to the Borrower or any Affiliate thereof or their respective its securities for purposes of United States federal and state securities lawslaws (provided, however, that to the extent such Communications constitute Confidential Information, they shall be treated as set forth in Section 11.15); (iii3) all Communications marked “PUBLIC” are permitted to be made available through a portion of the Platform; Platform designated “Public Side Information;” and (iv4) the Administrative Agent and Sole Lead the any Affiliate thereof and the Arranger shall be entitled to treat any Communications that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform not designated as “Non-Public Side Information.” (c) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the accuracy or completeness of the Communications or the adequacy of the Platform and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or the Platform. In no event shall Administrative Agent, Sole Lead Arranger, or any of their Affiliates (collectively, the “Agent Parties”) have any liability to Borrower, any Lender or any other Person for losses, claims, damages, liabilities or expenses of any kind (whether in tort, contract or otherwise) arising out of Borrower’s or Agent Party’s transmission or posting of Borrower Information through the Platform or via email, except to the extent that such losses, claims, damages, liabilities or expenses are determined by a court of competent jurisdiction by a final and non-appealable judgment to have resulted from the gross negligence or willful misconduct of such Agent Party; provided, however, that in no event shall any Agent Party have any liability to Borrower, any Lender or any other Person for indirect, special, incidental, consequential or punitive damages (as opposed to direct or actual damages). “