Common use of Public/Private Information Clause in Contracts

Public/Private Information. The Company shall cooperate with the Administrative Agent in connection with the publication of certain materials and/or information provided by or on behalf of the Company. Documents required to be delivered pursuant to the Loan Documents shall be delivered by or on behalf of the Company to the Administrative Agent and the Lenders (collectively, “Information Materials”) pursuant to this Article and, if requested by the Administrative Agent, the Company shall designate Information Materials (a) that are either available to the public or not material with respect to the Parent and its Subsidiaries or any of their respective securities for purposes of United States federal and state securities laws, as “Public Information” and (b) that are not Public Information as “Private Information”. All Information Materials that are neither identified as “Public Information” nor included in public filings made by the Parent, the Company or any of their Subsidiaries with the SEC shall be deemed to be private and confidential. Notwithstanding the foregoing, each Lender who does not wish to receive Private Information (any such Lender, a “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 any website provided pursuant to Section 9.5. 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 Information Materials that are not made available through the “Public Side Information” portion of such website provided pursuant to Section 9.5. and that may contain material non-public information with respect to the Parent, the Company or their securities for purposes of United States federal and state securities laws.

Public/Private Information. The Company Borrower shall, and shall cooperate cause each other Specified Loan Party to, and by its execution hereof the Parent Guarantor agrees that it shall and shall cause each of its Subsidiaries to, cooperate, with the Administrative Agent in connection with the publication of certain materials and/or information provided by or on behalf of the CompanyBorrower or the other Loan Parties. Documents required to be delivered pursuant to the Loan Documents shall be delivered by or on behalf of the Company Borrower or the other Loan Parties to the Administrative Agent and the Lenders (collectively, “Information Materials”) pursuant to this Article and, if requested by the Administrative Agent, the Company and shall designate Information Materials (a) that are either available to the public or not material with respect to the Parent Borrower, the other Loan Parties and its their Subsidiaries or any of their respective securities for purposes of United States federal and state securities laws, as “Public Information” and (b) that are not Public Information as “Private Information”. All Information Materials that are neither identified as “Public Information” nor included in public filings made by the Parent, the Company or any of their Subsidiaries with the SEC shall be deemed to be private and confidential. Notwithstanding the foregoing, each Lender who does not wish to receive Private Information (any such Lender, a “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 any website provided pursuant to Section 9.5. 9.5 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 Information Materials that are not made available through the “Public Side Information” portion of such website provided pursuant to Section 9.5. 9.5 and that may contain material non-public non‑public information with respect to the Parent, the Company Borrower or their its securities for purposes of United States federal and state securities laws.

Public/Private Information. The Company Borrower shall cooperate with the Administrative Agent in connection with the publication of certain materials and/or information provided by or on behalf of the CompanyBorrower. Documents required to be delivered pursuant to the Loan Documents shall be delivered by or on behalf of the Company Borrower to the Administrative Agent and the Lenders (collectively, “Information Materials”) pursuant to this Article and, if requested by the Administrative Agent, the Company Borrower shall designate Information Materials (a) that are either available to the public or not material with respect to the Parent Borrower and its Subsidiaries or any of their respective securities for purposes of United States federal and state securities laws, as “Public Information” and (b) that are not Public Information as “Private Information”. All Information Materials that are neither identified as “Public Information” nor included in public filings made by the Parent, the Company Borrower or any of their its Subsidiaries with the SEC shall be deemed to be private and confidential. Notwithstanding the foregoing, each Lender who does not wish to receive Private Information (any such Lender, a “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 any website provided pursuant to Section 9.58.5. 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 Information Materials that are not made available through the “Public Side Information” portion of such website provided pursuant to Section 9.58.5. and that may contain material non-public information with respect to the Parent, the Company Borrower or their its securities for purposes of United States federal and state securities laws.

Public/Private Information. The Company Borrower shall reasonably cooperate with the Administrative Agent in connection with the publication of certain materials and/or information provided by or on behalf of the CompanyBorrower. Documents required to be delivered pursuant to the Loan Documents shall be delivered by or on behalf of the Company Borrower to the Administrative Agent and the Lenders (collectively, “Information Materials”) pursuant to this Article and, if requested by and the Administrative Agent, the Company Borrower shall use commercially reasonable efforts to designate Information Materials (a) that are either available to the public or not material with respect to the Parent Borrower and its Subsidiaries or any of their respective securities for purposes of United States federal and state securities laws, as “Public Information” and (b) that are not Public Information as “Private Information”. All Any Information Materials that are neither identified not marked as “Public Information” nor included in public filings made by the Parent, the Company or any of their Subsidiaries with the SEC shall be deemed to contain material non-public information (within the meaning of United States federal and state securities laws) and shall not be private and confidential. Notwithstanding the foregoing, each Lender who suitable for posting or sharing in any platform or forum that any lender that has personnel that does not wish to receive Private Information material non-public information with respect to Parent 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 can access. Notwithstanding anything to the contrary in this Agreement, neither the Parent, the Borrower nor any Subsidiary will be required to disclose or permit the inspection or discussion of, any document, information or other matter (i) that constitutes non-financial trade secrets or non-financial proprietary information, (ii) in respect of which disclosure to the Administrative Agent or any such Lender, a “Public Lender”Lender (or their respective representatives or contractors) agrees is prohibited by Applicable Law or any binding agreement or (iii) that is subject to cause at least one individual at or on behalf of such Public Lender to at all times have selected the “Private Side Information” attorney client or similar designation on privilege or constitutes attorney work product. Each of the content declaration screen Administrative Agent and the Lenders acknowledges that (i) the Information Materials may include material non-public information concerning Parent or any of any website provided pursuant to Section 9.5. in order to enable its Subsidiaries, (ii) it has developed compliance procedures regarding the use of material non-public information and (iii) it will handle such Public Lender or its delegate, material non-public information in accordance with such Public Lender’s compliance procedures and Applicable Law, including United States federal and state securities laws, to make reference to Information Materials that are not made available through the “Public Side Information” portion of such website provided pursuant to Section 9.5. and that may contain material non-public information with respect to the Parent, the Company or their securities for purposes of United States federal and state securities lawsLaws.

Public/Private Information. The Company Borrower shall cooperate with the Administrative Agent in connection with the publication of certain materials and/or information provided by or on behalf of the CompanyBorrower. Documents required to be delivered pursuant to the Loan Documents shall be delivered by or on behalf of the Company Borrower to the Administrative Agent and the Lenders (collectively, “Information Materials”) pursuant to this Article and, if requested by the Administrative Agent, the Company Borrower shall designate Information Materials (a) that are either available to the public or not material with respect to the Parent Borrower and its Subsidiaries or any of their respective securities for purposes of United States federal and state securities laws, as “Public Information” and (b) that are not Public Information as “Private Information”. All Information Materials that are neither identified as “Public Information” nor included in public filings made by the Parent, the Company Borrower or any of their its Subsidiaries with the SEC shall be deemed to be private and confidential. Notwithstanding the foregoing, each Lender who does not wish to receive Private Information (any such Lender, a “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 any website provided pursuant to Section 9.58.5. 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 Information Materials that are not made available through the “Public Side Information” portion of such website provided pursuant to Section 9.58.5. and that may contain material non-public non‑public information with respect to the Parent, the Company Borrower or their its securities for purposes of United States federal and state securities laws.

Public/Private Information. The Company Borrower and Operating Lessee shall cooperate each cooperate, with the Administrative Agent in connection with the publication of certain materials and/or information provided by or on behalf of Borrower or the Companyother Loan Parties. Documents required to be delivered pursuant to the Loan Documents shall be delivered by or on behalf of Borrower or the Company Loan No. 1004873 other Loan Parties to the Administrative Agent and the Lenders (collectively, “Information Materials”) pursuant to this Article and, if requested by the Administrative Agent, the Company and shall designate Information Materials (a) that are either available to the public or not material with respect to Borrower, the Parent and its Subsidiaries other Loan Parties or Operating Lessee or any of their respective securities for purposes of United States federal and state securities laws, as “Public Information” and (b) that are not Public Information as “Private Information”. All Notwithstanding the foregoing, any information regarding the Guarantor that is not publicly available will be deemed “Private Information”, whether or not designated as such by Borrower or Guarantor. Administrative Agent shall not disseminate to the public, and will advise Lenders not to disseminate to the public (including in connection with a syndication described in Section 12.27) any Information Materials that are neither identified designated as “Public Information” nor included in public filings made by the Parent, the Company or any of their Subsidiaries with the SEC shall be deemed to be private and confidential. Notwithstanding the foregoing, each Lender who does not wish to receive Private Information (any such Lender, a “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 any website provided pursuant to Section 9.5. 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 Information Materials that are not made available through the deemed “Public Side Private Information” portion of such website provided pursuant hereunder. The foregoing shall not, however, limit Administrative Agent’s ability to Section 9.5. and that may contain material non-public information share any “Private Information” with respect to the Parentany Lenders, the Company Participants, potential Lenders or their securities for purposes of United States federal and state securities lawspotential Participants.

Public/Private Information. The Company Parent and the Borrower shall cooperate with the Administrative Agent in connection with the publication of certain materials and/or information provided by or on behalf of the CompanyParent or the Borrower. Documents required to be delivered pursuant to the Loan Documents shall be delivered by or on behalf of the Company Parent or the Borrower to the Administrative Agent and the Lenders (collectively, “Information Materials”) pursuant to this Article and, if requested by and the Administrative Agent, Parent or the Company Borrower shall designate Information Materials (a) that are either available to the public or not material with respect to the Parent Parent, the Borrower and its Subsidiaries or any of their respective securities for purposes of United States federal and state securities laws, as “Public Information” and (b) that are not Public Information as “Private Information”. All Information Materials that are neither identified as “Public Information” nor included in public filings made by the Parent, the Company or any of their Subsidiaries with the SEC shall be deemed to be private and confidential. Notwithstanding the foregoing, each Lender who does not wish to receive Private Information (any such Lender, a “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 any website provided pursuant to Section 9.5. 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 Information Materials that are not made available through the “Public Side Information” portion of such website provided pursuant to Section 9.5. and that may contain material non-public information with respect to the Parent, the Company Borrower or its Subsidiaries or their securities for purposes of United States federal and state securities laws.

Public/Private Information. The Company Parent and the Borrower shall cooperate with the Administrative Agent in connection with the publication of certain materials and/or information provided by or on behalf of the CompanyParent or the Borrower. Documents required to be delivered pursuant to the Loan Documents shall be delivered by or on behalf of the Company Parent or the Borrower to the Administrative Agent and the Lenders (collectively, “Information Materials”) pursuant to this Article and, if requested by and the Administrative Agent, Parent or the Company Borrower shall designate Information Materials (a) that are either available to the public or not material with respect to the Parent Parent, the Borrower and its Subsidiaries or any of their respective securities for purposes of United States federal and state securities laws, as “Public Information” and (b) that are not Public Information as “Private Information”. All Information Materials that are neither identified as “Public Information” nor included in public filings made by the Parent, the Company or any of their Subsidiaries with the SEC shall be deemed to be private and confidential. Notwithstanding the foregoing, each Lender who does not wish to receive Private Information (any such Lender, a “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 any website provided pursuant to Section 9.5. 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 Information Materials that are not made available through the “Public Side Information” portion of such website provided pursuant to Section 9.5. and that may contain material non-non public information with respect to the Parent, the Company Borrower or its Subsidiaries or their securities for purposes of United States federal and state securities laws.

Public/Private Information. The Company Borrower shall cooperate with the Administrative Agent in connection with the publication of certain materials and/or information provided by or on behalf of the CompanyBorrower. Documents required to be delivered pursuant to the Loan Documents shall be delivered by or on behalf of the Company Borrower to the Administrative Agent and the Lenders (collectively, “Information Materials”) pursuant to this Article and, if requested by the Administrative Agent, the Company Borrower shall designate Information Materials (a) that are either available to the public or not material with respect to the Parent Borrower and its Subsidiaries or any of their respective securities for purposes of United States federal and state securities laws, as “Public Information” and (b) that are not Public Information as “Private Information”. All Information Materials that are neither identified as “Public Information” nor included in public filings made by the Parent, the Company Borrower or any of their its Subsidiaries with the SEC shall be deemed to be private and confidential. Notwithstanding the foregoing, each Lender who does not wish to receive Private Information (any such Lender, a “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 any website provided pursuant to Section 9.58.5. 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 Information Materials that are not made available through the “Public Side Information” portion of such website provided pursuant to Section 9.58.5. and that may contain material non-public non -public information with respect to the Parent, the Company Borrower or their its securities for purposes of United States federal and state securities laws.

Public/Private Information. The Company shall cooperate with the Administrative Agent in connection with the publication of certain materials and/or information provided by or on behalf of the Company. Documents required to be delivered pursuant to the Loan Documents shall be delivered by or on behalf of the Company to the Administrative Agent and the Lenders (collectively, “Information Materials”) pursuant to this Article and, if requested by the Administrative Agent, the Company shall designate Information Materials (a) that are either available to the public or not material with respect to the Parent and its Subsidiaries or any of their respective securities for purposes of United States federal and state securities laws, as “Public Information” and (b) that are not Public Information as “Private Information”. All Information Materials that are neither identified as “Public Information” nor included in public filings made by the Parent, the Company or any of their Subsidiaries with the SEC shall be deemed to be private and confidential. Notwithstanding the foregoing, each Lender who does not wish to receive Private Information (any such Lender, a “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 any website provided pursuant to Section 9.58.5. 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 Information Materials that are not made available through the “Public Side Information” portion of such website provided pursuant to Section 9.58.5. and that may contain material non-public non‑public information with respect to the Parent, the Company or their its securities for purposes of United States federal and state securities laws.

Public/Private Information. The Company Borrower shall, and shall cause the Parent to, cooperate with the Administrative Agent in connection with the publication of certain materials and/or information provided by or on behalf of the CompanyParent or the Borrower. Documents required to be delivered pursuant to the Loan Documents shall be delivered by or on behalf of the Company Parent or the Borrower to the Administrative Agent and the Lenders (collectively, “Information Materials”) pursuant to this Article andand the Borrower shall, if requested by and shall cause the Administrative AgentParent to, the Company shall designate Information Materials (a) that are either available to the public or not material with respect to the Parent Parent, the Borrower and its the other Subsidiaries or any of their respective securities for purposes of United States federal and state securities laws, as “Public Information” and (b) that are not Public Information as “Private Information”. All Information Materials that are neither identified as “Public Information” nor included in public filings made by the Parent, the Company or any of their Subsidiaries with the SEC shall be deemed to be private and confidential. Notwithstanding the foregoing, each Lender who does not wish to receive Private Information (any such Lender, a “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 any website provided pursuant to Section 9.58.5. 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 Information Materials that are not made available through the “Public Side Information” portion of such website provided pursuant to Section 9.58.6. and that may contain material non-public non‑public information with respect to the Parent, the Company Borrower or their its securities for purposes of United States federal and state securities laws.