Common use of Treatment of Certain Information; Confidentiality Clause in Contracts

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders and the Issuing Lenders agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates and to its Related Parties on a need to know basis (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential on substantially the same terms as provided herein), (b) upon the request or demand of any regulatory authority purporting to have jurisdiction over such Person or any of its Affiliates (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (in which case the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, except with respect to any audit or examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrower, in advance, to the extent practicable and lawfully permitted to do so), (c) to the extent required by Applicable Laws pursuant to a subpoena or an order of any court or administrative agency or in any pending legal or administrative proceeding or process (in which case, the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, to the extent permitted by Applicable Law, inform the Borrower promptly in advance thereof so the Borrower may seek a protective order or take other appropriate action), (d) to any other party hereto, (e) in connection with the exercise of any remedies under this Agreement, under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, (f) subject to an agreement containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights and obligations under this Agreement, (ii) any actual or prospective party (or its Related Parties) to any swap, derivative or other transaction under which payments are to be made by reference to the Borrower and its obligations, this Agreement or payments hereunder, (iii) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fund, (g) on a confidential basis to (i) any Rating Agency solely to the extent required in connection with rating the Borrower or its Restricted Subsidiaries or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility, (h) with the prior written consent of the Borrower, (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (j) to the extent such Information (i) becomes publicly available other than as a result of a breach of this Section or (ii) becomes available to the Administrative Agent, any Lender, any Issuing Lender or any of their respective Affiliates from a third party that is not, to such Person’s knowledge, subject to confidentiality obligations to the Borrower, (k) to the extent that such information is independently developed by the Administrative Agent, the applicable Lender or the applicable Issuing Lender or (l) for purposes of establishing a “due diligence” defense. For purposes of this Section, “Information” means all information received from any Credit Party or any Subsidiary thereof relating to any Credit Party or any Subsidiary thereof or any of their respective businesses, other than any such information that is available to the Administrative Agent, any Lender or any Issuing Lender prior to disclosure by any Credit Party or any Subsidiary thereof other than as a result of a breach of this Section 12.10. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at the time of delivery thereof, any information received from the Borrower or any Subsidiary after the date hereof shall be deemed confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10. Any failure by any of the Administrative Agent, the Issuing Lenders or the Lenders to give any such notice to the Borrower described in this Section 12.10 shall not result in any liability on the part of the Administrative Agent, the Issuing Lenders or the Lenders.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders and the Issuing Lenders L/C Issuer agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates and to its Related Parties and its Affiliates’ respective partners, directors, officers, employees, agents, advisors and other representatives on a “need to know basis basis” (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential on substantially confidential) solely in connection with the same terms transactions contemplated or permitted hereby; provided that the Administrative Agent, the Lenders or the L/C Issuer, as provided herein)the case may be, shall be responsible for its Affiliates’ compliance with this clause, (b) upon to the request or demand of extent requested by any regulatory authority purporting to have jurisdiction over such Person or any of its Affiliates it (including any self-regulatory authority, such as the National Association of Insurance CommissionersCommissioners or any similar organization) (or any nationally recognized rating agency that requires access to information about a Lender’s investment portfolio in which case the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, except connection with ratings issued with respect to such Lender (provided that, prior to any audit or examination conducted by bank accountants or such disclosure, such rating agency shall undertake in writing to preserve the confidentiality of any governmental bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrower, in advance, confidential Information relating to the extent practicable and lawfully permitted to do soLoan Parties), (c) to the extent required by Applicable Laws pursuant to a or regulations or by any subpoena or an order similar legal process; provided that, unless specifically prohibited by Applicable Law or court order, each Lender and the Administrative Agent shall promptly notify the Borrower in advance of any court or administrative agency or in any pending legal or administrative proceeding or process (in which case, the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, to the extent permitted by Applicable Law, inform the Borrower promptly in advance thereof so the Borrower may seek a protective order or take other appropriate action)such disclosure, (d) to any other party hereto, (e) in connection with the exercise of any remedies under this Agreement, hereunder or under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, Agreement or any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, (f) subject to an agreement containing provisions substantially the same as those of this SectionSection 10.23, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights and or obligations under this Agreement, Agreement or (ii) any actual or prospective party counterparty (or its Related Partiesadvisors) to any swap, derivative or other transaction under which payments are to be made by reference Hedge Agreement relating to the Borrower and its obligations, this Agreement or payments hereunder, (iii) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fund, (g) on a confidential basis to (i) any Rating Agency solely to the extent required in connection with rating the Borrower or its Restricted Subsidiaries or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility, (h) with the prior written consent of the Borrower, (h) in customary disclosure about the terms of the financing contemplated hereby in the ordinary course of business to market data collectors and similar service providers to the loan industry for league table purposes or (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (j) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section 10.23 or (iiy) becomes available to the Administrative Agent, any Lender, any Issuing Lender or any of their respective Affiliates on a nonconfidential basis from a third party that is not, to such Person’s knowledge, subject to confidentiality obligations to source other than the Borrower, Borrower (k) except to the extent that such information is independently developed by Information was available to the Administrative Agent, the applicable any Lender or any of their Affiliates as a result of Administrative Agent’s, any Lender’s or their Affiliates’ ownership interests in the applicable Issuing Lender Business or (l) for purposes of establishing a “due diligence” defensethe Borrower). For purposes of this SectionSection 10.23, “Information” means all information received by the Administrative Agent, any Lender or the L/C Issuer, as the case may be, from any Credit Party the Borrower or any Subsidiary thereof of its Subsidiaries relating to any Credit Party the Borrower or any Subsidiary thereof of its Subsidiaries or any of their respective businessesbusinesses (including any target company and its Subsidiaries in connection with contemplated or consummated Acquisition or other investment), other than any such information that is available to the Administrative Agent, Agent or any Lender or any Issuing Lender on a nonconfidential basis prior to disclosure by any Credit Party or any Subsidiary thereof other than as a result of a breach of this Section 12.10. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at the time of delivery thereof, any information received from the Borrower or any Subsidiary after of its Subsidiaries. Any Person required to maintain the date hereof confidentiality of Information as provided in this Section shall be deemed considered to have complied with its obligation to do so if such Person has exercised the same degree of care to maintain the confidentiality of such Information as such Person would accord to its own confidential unless information. Notwithstanding the foregoing, the Administrative Agent and the Lenders agree not to disclose any Information to a (i) Prohibited Lender or (ii) any of their respective Affiliates or any of their and their Affiliates’ officers, directors or employees that (x) are engaged as principles primarily in private equity or venture capital on a proprietary basis (other than, in each case, such information shall already be publicly available other than as a result of a breach of this Section 12.10. Any failure Affiliates engaged by the Borrower with respect to the Transactions or any debt fund affiliates or any advisors thereto) or (y) to the knowledge of the Administrative Agent, the Issuing Lenders or the Lenders to give L/C Issuer, as the case may be, are engaged in businesses competing with the Borrower (including any such notice Affiliate which has been previously identified in writing to the Borrower described Arrangers as such); provided that nothing contained in this Section 12.10 10.23 shall not result in prohibit the disclosure of such Information to any liability on the part officers, directors or employees of any Affiliate of the Administrative Agent, the Issuing Lenders or the LendersL/C Issuer, as the case may be, who reasonably need to know such Information for purposes of evaluating, negotiating, enforcing or consummating any of the transactions contemplated hereby, so long as, such Information is used solely for such purposes.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders Agent and the Issuing Lenders each Xxxxxx agrees to maintain the confidentiality of the Information (as defined below)) and exercise the same degree of care that it exercises to maintain the confidentiality of its own proprietary information, but in any event not less than reasonable care, except that Information may be disclosed (a) to its Affiliates and to its Related Parties on a need to know basis (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential on substantially confidential); provided that, in no event will the same terms disclosure of Information to such Affiliates or Related Parties facilitate any activity that competes directly with the business activities of any Borrower or the Investment Adviser as provided herein), such business activities have been disclosed to Administrative Agent as of the Closing Date; (b) upon to the request extent required or demand of requested by any regulatory authority purporting to have jurisdiction over such Person or any of its Affiliates Related Parties (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (in which case Administrative Agent or such Lender, as the Administrative Agentcase may be, agrees to inform the applicable Lender or the applicable Issuing Lender shall, except with respect Initial Borrowers promptly thereof and provide an opportunity to any audit or examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrowercontest such disclosure, in advance, each case to the extent practicable and lawfully permitted to do sonot prohibited by applicable law), ; (c) to the extent required by Applicable Laws pursuant to a applicable laws or regulations or by any subpoena or an order of any court or administrative agency or in any pending similar legal or administrative proceeding or process (in which casecase Administrative Agent or such Lender, as the Administrative Agentcase may be, agrees to inform the applicable Lender or the applicable Issuing Lender shallInitial Borrowers promptly thereof and provide an opportunity to contest such disclosure, in each case to the extent permitted not prohibited by Applicable Law, inform the Borrower promptly in advance thereof so the Borrower may seek a protective order or take other appropriate actionapplicable law), ; (d) to any other party hereto, Lender; (e) on a confidential basis, in connection with the exercise of any remedies under this Agreement, hereunder or under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, Credit Agreement or any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, ; (f) subject to an agreement containing provisions substantially the same as those of this SectionSection and with the consent of the applicable Borrower, to (i) any assignee of or Participant in, or any prospective assignee of or Participant inin (but not including a Competitor unless an Event of Default has occurred and is continuing and the Standstill Period has expired), any of its rights and obligations under this Credit Agreement, or (ii) any actual or prospective party (or its Related Parties) (but not including a Competitor unless an Event of Default has occurred and is continuing and the Standstill Period has expired), to any swap, derivative or other transaction under which payments are to be made by reference to the Borrower Borrowers and its their obligations, this Credit Agreement or payments hereunder, (iii) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fund, ; (g) on a confidential basis to (i) any Rating Agency solely to the extent required rating agency in connection with rating the Borrower or its Restricted Subsidiaries Borrowers or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility, ; (h) with the prior written consent of the Borrower, Borrowers; or (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (j) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section or (ii) becomes available to the by Administrative Agent, any Lender, any Issuing Lender or any of their respective Affiliates from a third party that is notor Related Parties, to such Person’s knowledge, subject to confidentiality obligations to the Borrower, (k) to the extent that such information is independently developed by the Administrative Agent, the applicable Lender or the applicable Issuing Lender or (ly) for purposes of establishing a “due diligence” defense. For purposes of this Section, “Information” means all information received from any Credit Party or any Subsidiary thereof relating to any Credit Party or any Subsidiary thereof or any of their respective businesses, other than any such information that is becomes available to the Administrative Agent, any Lender or any Issuing Lender prior to disclosure by any Credit Party or any Subsidiary thereof of their respective Affiliates on a non-confidential basis from a source other than the Borrowers if Administrative Agent, such Lender or such Affiliate (as a result of a breach of this Section 12.10applicable) does not know that such source is prohibited from disclosing such Information. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at the time of delivery thereofIn addition, any information received from the Borrower or any Subsidiary after the date hereof shall be deemed confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10. Any failure by any of the Administrative Agent, the Issuing Lenders Lenders, and any of their respective Related Parties, may (A) disclose the existence of this Credit Agreement and information about this Credit Agreement to market data collectors, similar service providers to the lending industry and service providers to Administrative Agent or the Lenders in connection with the administration of this Credit Agreement, the other Loan Documents, and the Commitments; and (B) use any information (not constituting Information subject to give the foregoing confidentiality restrictions) related to the syndication and arrangement of the credit facilities contemplated by this Credit Agreement in connection with marketing, press releases, or other transactional announcements or updates provided to investor or trade publications, including the placement of “tombstone” advertisements in publications of its choice at its own expense. Notwithstanding anything herein to the contrary, any party to this Credit Agreement (and any employee, representative, or other agent of any party to this Credit Agreement) may disclose to any and all persons, without limitation of any kind, the tax treatment and tax structure of the transactions contemplated by this Credit Agreement and all materials of any kind (including opinions or other tax analyses) that are provided to it relating to such tax treatment and tax structure. However, any such notice information relating to the Borrower described in this Section 12.10 shall not result in tax treatment or tax structure is required to be kept confidential to the extent necessary to comply with any liability on the part of the Administrative Agentapplicable federal or state securities laws, the Issuing Lenders or the Lendersrules, and regulations.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders Issuing Banks and the Issuing Lenders agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates and to its Related Parties on a need to know basis and its Affiliates’ respective partners, directors, officers, employees, agents, advisors and other representatives (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential on substantially the same terms as provided hereinconfidential), (b) upon to the request or demand of extent requested by any regulatory authority purporting to have jurisdiction over such Person or any of its Affiliates it (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (and, in which the case the Administrative Agentof any non-ordinary course disclosure under this clause (b), the applicable Lender or disclosing party shall use its reasonable efforts to inform the applicable Issuing Lender shall, except with respect Borrower thereof prior to any audit or examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrowersuch disclosure and, in advanceany event, shall promptly inform the Borrower thereof, in each case to the extent practicable and lawfully legally permitted to do so; provided that requests from any bank examiner or bank auditor shall not be considered to be non-ordinary course), (c) to the extent required by Applicable Laws pursuant to a applicable laws or regulations or by any subpoena or an order of any court or administrative agency or in any pending similar legal or administrative proceeding or process (in which casecase the disclosing party shall use its reasonable efforts to inform the Borrower thereof prior to any such disclosure and, in any event, shall promptly inform the Administrative AgentBorrower thereof, the applicable Lender or the applicable Issuing Lender shall, in each case to the extent legally permitted by Applicable Law, inform the Borrower promptly in advance thereof so the Borrower may seek a protective order or take other appropriate actionto do so), (d) to any other party hereto, (e) in connection with the exercise of any remedies under this Agreement, hereunder or under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, Agreement or any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, (f) subject to an agreement containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights and or obligations under this Agreement, Agreement or (ii) any actual or prospective party counterparty (or its Related Partiesadvisors) to any swap, swap or derivative or other transaction under which payments are to be made by reference relating to the Borrower and its obligations, this Agreement or payments hereunder, (iii) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fund, (g) with the consent of the Borrower, (h) with the prior consent of the Borrower, by the Administrative Agent, the Joint Lead Arrangers or any lead arranger in respect of any incremental credit facility to be issued hereunder, in each case on a confidential basis to (i) any Rating Agency solely to the extent required rating agency in connection with rating the Borrower or its Restricted Subsidiaries or the Credit Facility credit facilities hereunder or (ii) the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility, (h) with the prior written consent of the Borrower, (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (j) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section or (iiy) becomes available to the Administrative Agent, any Lender, Issuing Bank or any Issuing Lender or any of their respective Affiliates on a nonconfidential basis from a third party that is not, to such Person’s knowledge, subject to confidentiality obligations to source other than the Borrower, (k) to the extent that such information is independently developed by the Administrative Agent, the applicable Lender or the applicable Issuing Lender or (l) for purposes of establishing a “due diligence” defense. For purposes of this Section, “Information” means all information received from any Credit Party or any Subsidiary thereof relating to any Credit Party or any Subsidiary thereof or any of their respective businesses, other than any such information that is available to the Administrative Agent, any Lender or any Issuing Lender prior to disclosure by any Credit Party or any Subsidiary thereof other than as a result of a breach of this Section 12.10. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at the time of delivery thereof, any information received from the Borrower or any Subsidiary after the date hereof shall be deemed confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10. Any failure by any of the Administrative Agent, the Issuing Lenders or the Lenders to give any such notice to the Borrower described in this Section 12.10 shall not result in any liability on the part of the Administrative Agent, the Issuing Lenders or the Lenders.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders and the Issuing Lenders L/C Issuer agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates and to its Related Parties on a need and its Affiliates’ respective partners, directors, officers, employees, agents, advisors and representatives and to know basis any direct or indirect contractual counterparty (or such contractual counterparty’s professional advisor) under any Swap Contract relating to Loans outstanding under this Agreement (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential on substantially the same terms as provided hereinconfidential), (b) upon to the request or demand of extent requested by any regulatory authority purporting to have jurisdiction over such Person or any of its Affiliates it (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (in which case the Administrative Agentprovided that unless specifically prohibited by applicable law or court order, the applicable Lender or disclosing party shall endeavor to notify Borrower substantially contemporaneously with any such disclosure (other than any such disclosure in connection with any examination of the applicable Issuing Lender shall, except with respect to any audit or examination conducted financial condition of the disclosing party by bank accountants or any governmental bank regulatory authority exercising examination or such regulatory authority, promptly notify the Borrower, in advance, to the extent practicable and lawfully permitted to do so), (c) to the extent required by Applicable Laws pursuant to a applicable laws or regulations or by any subpoena or an order similar legal process provided that unless specifically prohibited by applicable law or court order, the disclosing party shall endeavor to notify Borrower of such request prior to any court or administrative agency or in any pending legal or administrative proceeding or process (in which casesuch disclosure, but only to the extent reasonably practicable under the circumstances and on the understanding that neither the Administrative Agent, the applicable Lender Lenders or the applicable Issuing Lender shall, L/C Issuer shall incur any liability for failure to the extent permitted by Applicable Law, inform the Borrower promptly in advance thereof so the Borrower may seek a protective order or take other appropriate action)give such notice, (d) to any other party hereto, (e) in connection with the exercise of any remedies under this Agreement, hereunder or under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, Agreement or any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, (f) subject to an agreement containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights and or obligations under this Agreement, Agreement or (ii) any actual or prospective party counterparty (or its Related Partiesadvisors) to any swap, swap or derivative or other transaction under which payments are relating to be made by reference to the Borrower a Loan Party and its obligations, this Agreement or payments hereunder, (iii) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fund, (g) on a confidential basis to (i) any Rating Agency solely to with the extent required in connection with rating the consent of Borrower or its Restricted Subsidiaries or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility, (h) with the prior written consent of the Borrower, (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (j) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section or (iiy) becomes available to the Administrative Agent, any Lender, any Issuing Lender the L/C Issuer or any of their respective Affiliates on a nonconfidential basis from a third party that is not, to such Person’s knowledge, subject to confidentiality obligations to the Borrower, (k) to the extent that such information is independently developed by the Administrative Agent, the applicable Lender or the applicable Issuing Lender or (l) for purposes of establishing a “due diligence” defense. For purposes of this Section, “Information” means all information received from any Credit Party or any Subsidiary thereof relating to any Credit Party or any Subsidiary thereof or any of their respective businesses, source other than any such information that is available to the Administrative Agent, any Lender or any Issuing Lender prior to disclosure by any Credit Party or any Subsidiary thereof other than as a result of a breach of this Section 12.10. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at the time of delivery thereof, any information received from the Borrower or any Subsidiary after the date hereof shall be deemed confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10. Any failure by any of the Administrative Agent, the Issuing Lenders or the Lenders to give any such notice to the Borrower described in this Section 12.10 shall not result in any liability on the part of the Administrative Agent, the Issuing Lenders or the LendersBorrower.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders Agent and the Issuing Lenders agrees to maintain the confidentiality of of, and not disclose, the Information (as defined below), except that Information may be disclosed (a) to its Affiliates and to its Related Parties on a need to know basis (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information prior to such disclosure and instructed to keep such Information confidential on substantially the same terms as provided hereinconfidential), (b) upon to the request extent required or demand of requested by any regulatory authority purporting to have jurisdiction over such Person or any of its Affiliates Related Parties (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (), in which case the Administrative Agentdisclosing party agrees, to the applicable Lender extent permitted by law, rule or regulation and reasonably practicable, to promptly inform the applicable Issuing Lender shallBorrower, except with respect to any audit or examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrower, in advance, to the extent practicable and lawfully permitted to do so), (c) to the extent required by Applicable Laws pursuant to a applicable laws or regulations or by any subpoena or an order of similar legal process; provided, that, (x) prior to any court or administrative agency or in any pending legal or administrative proceeding or process disclosure under this clause (in which casec), the Administrative Agent, Agent or such Lender agrees to endeavor to provide the applicable Lender or the applicable Issuing Lender shall, Borrower with prior notice thereof to the extent that the Administrative Agent or such Lender is permitted by Applicable Law, inform to provide such prior notice to the Borrower promptly in advance thereof so pursuant to the Borrower terms of applicable laws and regulations or such subpoena or legal process, as the case may seek a protective order be, and (y) any disclosure under this clause (c) pursuant to subpoena or take other appropriate action)similar legal process shall be limited solely to that portion of the Information as may be specifically compelled by such subpoena or similar legal process, (d) to any other party hereto, (e) as may be reasonably necessary in connection with the exercise of any remedies under this Agreement, hereunder or under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, Agreement or any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, (f) subject to an a written agreement containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights and obligations under this Agreement, Agreement or (ii) any actual or prospective party (or its Related Parties) to any swap, derivative or other transaction under which payments are to be made by reference to the Borrower a Loan Party and its obligations, this Agreement or payments hereunder, (iii) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fund, (g) on a confidential basis to (i) any Rating Agency solely to the extent required rating agency in connection with rating the Borrower or its Restricted Subsidiaries or the Credit Facility credit facilities provided hereunder or (ii) the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring of CUSIP numbers or other market identifiers with respect to the Credit Facilitycredit facilities provided hereunder, (h) with the prior written consent of the Borrower, (i) to Gold Sheets the members of its investment committee (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and other similar bank trade publications, instructed to keep such information to consist of deal terms and other information customarily found in such publications, Information confidential) or (j) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section or (iiy) becomes available to the Administrative Agent, any Lender, any Issuing Lender or any of their respective Affiliates from a third party that is not, to such Person’s knowledge, subject to confidentiality obligations to the Borrower, (k) to the extent that such information is independently developed by the Administrative Agent, the applicable Lender or the applicable Issuing Lender or (l) for purposes of establishing a “due diligence” defense. For purposes of this Section, “Information” means all information received from any Credit Party or any Subsidiary thereof relating to any Credit Party or any Subsidiary thereof or any of their respective businesses, other than any such information that is available to the Administrative Agent, any Lender or any Issuing Lender prior to disclosure by any Credit Party or any Subsidiary thereof of their respective Affiliates on a nonconfidential basis from a source other than as a result of a breach of this Section 12.10. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at who is not, to the time of delivery thereof, any information received from the Borrower or any Subsidiary after the date hereof shall be deemed confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10. Any failure by any knowledge of the Administrative AgentAgent or such Lender, the Issuing Lenders in breach of any obligation of confidentiality to any Loan Party or the Lenders Subsidiary with respect to give any such notice to the Borrower described in this Section 12.10 shall not result in any liability on the part of the Administrative Agent, the Issuing Lenders or the LendersInformation.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders Agent and the Issuing Lenders each Lender agrees to maintain the confidentiality of the Information (as defined below)) and exercise the same degree of care that it exercises to maintain the confidentiality of its own proprietary information, but in any event not less than reasonable care, except that Information may be disclosed (a) to its Affiliates and to its Related Parties on a need to know basis (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential on substantially confidential); provided that, in no event will the same terms disclosure of Information to such Affiliates or Related Parties facilitate any activity that competes directly with the business activities of any Borrower or the Investment Adviser as provided herein), such business activities have been disclosed to Administrative Agent as of the Closing Date; (b) upon to the request extent required or demand of requested by any regulatory authority purporting to have jurisdiction over such Person or any of its Affiliates Related Parties (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (in which case the Administrative AgentAgent or such Lender, as the applicable Lender or case may be, agrees to inform the applicable Issuing Lender shall, except with respect Initial Borrower promptly thereof and provide an opportunity to any audit or examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrowercontest such disclosure, in advance, each case to the extent practicable and lawfully permitted to do sonot prohibited by applicable law), ; (c) to the extent required by Applicable Laws pursuant to a applicable laws or regulations or by any subpoena or an order of any court or administrative agency or in any pending similar legal or administrative proceeding or process (in which case, case the Administrative AgentAgent or such Lender, as the applicable Lender or case may be, agrees to inform the applicable Issuing Lender shallInitial Borrower promptly thereof and provide an opportunity to contest such disclosure, in each case to the extent permitted not prohibited by Applicable Law, inform the Borrower promptly in advance thereof so the Borrower may seek a protective order or take other appropriate actionapplicable law), ; (d) to any other party hereto, Lender; (e) in connection with the exercise of any remedies under this Agreement, hereunder or under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, Credit Agreement or any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, ; (f) subject to an agreement containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, but not including a Competitor, any of its rights and obligations under this Credit Agreement, or (ii) any actual or prospective party (or its Related Parties) ), but not including a Competitor, to any swap, derivative or other transaction under which payments are to be made by reference to the Borrower Borrowers and its their obligations, this Credit Agreement or payments hereunder, (iii) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fund, ; (g) on a confidential basis to (i) any Rating Agency solely to the extent required rating agency in connection with rating the Borrower or its Restricted Subsidiaries Borrowers or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility, ; (h) with the prior written consent of the Borrower, Borrowers; or (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (j) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section or (ii) becomes available to the by Administrative Agent, any Lender, any Issuing Lender or any of their respective Affiliates from a third party that is notor Related Parties, to such Person’s knowledge, subject to confidentiality obligations to the Borrower, (k) to the extent that such information is independently developed by the Administrative Agent, the applicable Lender or the applicable Issuing Lender or (ly) for purposes of establishing a “due diligence” defense. For purposes of this Section, “Information” means all information received from any Credit Party or any Subsidiary thereof relating to any Credit Party or any Subsidiary thereof or any of their respective businesses, other than any such information that is becomes available to the Administrative Agent, any Lender or any Issuing Lender prior to disclosure by any Credit Party or any Subsidiary thereof of their respective Affiliates on a non-confidential basis from a source other than the Borrowers if Administrative Agent, such Lender or such Affiliate (as a result of a breach of this Section 12.10applicable) does not know that such source is prohibited from disclosing such Information. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at the time of delivery thereofIn addition, any information received from the Borrower or any Subsidiary after the date hereof shall be deemed confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10. Any failure by any of the Administrative Agent, the Issuing Lenders Lenders, and any of their respective Related Parties, may (A) disclose the existence of this Credit Agreement and information about this Credit Agreement to market data collectors, similar service providers to the lending industry and service providers to Administrative Agent or the Lenders in connection with the administration of this Credit Agreement, the other Loan Documents, and the Commitments; and (B) use any information (not constituting Information subject to give the foregoing confidentiality restrictions) related to the syndication and arrangement of the credit facilities contemplated by this Credit Agreement in connection with marketing, press releases, or other transactional announcements or updates provided to investor or trade publications, including the placement of “tombstone” advertisements in publications of its choice at its own expense. Notwithstanding anything herein to the contrary, any party to this Credit Agreement (and any employee, representative, or other agent of any party to this Credit Agreement) may disclose to any and all persons, without limitation of any kind, the tax treatment and tax structure of the transactions contemplated by this Credit Agreement and all materials of any kind (including opinions or other tax analyses) that are provided to it relating to such tax treatment and tax structure. However, any such notice information relating to the Borrower described in this Section 12.10 shall not result in tax treatment or tax structure is required to be kept confidential to the extent necessary to comply with any liability on the part of the Administrative Agentapplicable federal or state securities laws, the Issuing Lenders or the Lendersrules, and regulations.

Treatment of Certain Information; Confidentiality. Each of the Administrative AgentAgents, the Lenders and the Issuing Lenders L/C Issuers agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates and to its Related Parties on a need to know basis and its Affiliates’ respective partners, directors, officers, employees, agents, trustees, advisors and representatives (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential on substantially the same terms as provided hereinconfidential), (b) upon to the request or demand of extent requested by any regulatory authority purporting to have jurisdiction over such Person or any of its Affiliates it (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (in which case the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, except with respect to any audit or examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrower, in advance, to the extent practicable and lawfully permitted to do so), (c) to the extent required by Applicable Laws pursuant to a applicable laws or regulations or by any subpoena or an order of any court or administrative agency or in any pending similar legal or administrative proceeding or process (in which case, the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, to the extent permitted by Applicable Law, inform the Borrower promptly in advance thereof so the Borrower may seek a protective order or take other appropriate action)process, (d) to any other party hereto, (e) in connection with the exercise of any remedies under this Agreement, hereunder or under any other Loan Credit Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, Credit Agreement or any other Loan Credit Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, (f) subject to an agreement containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights and or obligations under this Credit Agreement, (ii) any actual or prospective party counterparty (or its Related Partiesadvisors) to any swap, derivative or other transaction under which payments are to be made by reference relating to the Borrower Borrowers and its their obligations, this Agreement or payments hereunder(g) subject to each such Person being informed of the confidential nature of the Information and to their agreement to keep such Information confidential, to (iiii) to an investor or prospective investor in securities issued by an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such securities issued by the Approved Fund, (ivii) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in securities issued by an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for securities issued by an Approved Fund Fund, or (viii) to a Rating Agency solely to the extent it nationally recognized rating agency that requires access to information regarding the Borrower and its Restricted SubsidiariesCredit Parties, the Loans and the Loan Credit Documents in connection with ratings issued with in respect to of securities issued by an Approved Fund, (g) on a confidential basis to (i) any Rating Agency solely to the extent required in connection with rating the Borrower or its Restricted Subsidiaries or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility, (h) with the prior written consent of the Borrower, Parent Borrower or (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (j) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section or (iiy) becomes available to the Administrative any Agent, any Lender, any Issuing Lender L/C Issuer or any of their respective Affiliates on a nonconfidential basis from a third party that is notsource other than the Parent Borrower. In addition, the Administrative Agent and the Lenders may disclose the existence of this Credit Agreement and information about this Credit Agreement to such Person’s knowledgemarket data collectors, subject to confidentiality obligations similar service providers to the Borrower, (k) lending industry and service providers to the extent that such information is independently developed by Lead Arrangers, Agents and the Administrative AgentLenders in connection with the administration of this Credit Agreement, the applicable Lender or the applicable Issuing Lender or (l) for purposes of establishing a “due diligence” defense. For purposes of this Section, “Information” means all information received from any other Credit Party or any Subsidiary thereof relating to any Credit Party or any Subsidiary thereof or any of their respective businesses, other than any such information that is available to the Administrative Agent, any Lender or any Issuing Lender prior to disclosure by any Credit Party or any Subsidiary thereof other than as a result of a breach of this Section 12.10. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at the time of delivery thereof, any information received from the Borrower or any Subsidiary after the date hereof shall be deemed confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10. Any failure by any of the Administrative AgentDocuments, the Issuing Lenders or Loans and the Lenders to give any such notice to the Borrower described in this Section 12.10 shall not result in any liability on the part of the Administrative Agent, the Issuing Lenders or the LendersCommitments.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders Agent and the Issuing Lenders agrees to maintain the confidentiality of of, and not disclose, the Information (as defined below), except that Information may be disclosed (a) to its Affiliates Affiliates, to its auditors and to its Related Parties on a and its Affiliates’ respective partners, directors, officers, employees, agents, advisors and representatives who need to know basis such Information in connection with this Agreement (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed will be subject to keep customary confidentiality obligations of professional practice or agree to be bound by the terms of this Section (or language substantially similar to this Section) with the disclosing party responsible for such Information confidential on substantially the same terms as provided hereinperson’s compliance with this Section), (b) upon to the request or demand of extent requested by any regulatory authority purporting to have jurisdiction over such Person or any of its Affiliates it (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (), in which case the Administrative Agentdisclosing party agrees, to the applicable Lender extent permitted by law, rule or regulation and reasonably practicable, to inform the applicable Issuing Lender shallBorrower, except with respect to any customary audit or customary examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, in advance thereof, (c) to the extent required by applicable laws or regulations or by any subpoena or similar legal process; provided that the Person required to disclose such information shall take reasonable efforts (at the Borrower’s expense) to ensure that any Information so disclosed shall be afforded confidential treatment, to the extent permitted by law, rule or regulation and reasonably practicable, to inform the Borrower, except with respect to any customary audit or customary examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrower, in advance, to the extent practicable and lawfully permitted to do so), (c) to the extent required by Applicable Laws pursuant to a subpoena or an order of any court or administrative agency or in any pending legal or administrative proceeding or process (in which case, the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, to the extent permitted by Applicable Law, inform the Borrower promptly in advance thereof so the Borrower may seek a protective order or take other appropriate action)thereof, (d) to any other party hereto, (e) in connection with the exercise of any remedies under this Agreement, hereunder or under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, Agreement or any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, (f) subject to such Person agreeing to be subject to the provisions of this Section 10.07 or an agreement containing provisions substantially the same at least as restrictive as those of this SectionSection 10.07, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights and or obligations under this Agreement, Agreement or (ii) any actual or prospective party counterparty (or its Related Partiesadvisors) to any swap, swap or derivative or other transaction under which payments are to be made by reference to the Borrower and its obligations, this Agreement or payments hereunder, (iiig) with the consent of the Borrower, (h) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent any rating agency when required by it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fund, (g) on a confidential basis to (i) any Rating Agency solely to the extent required in connection with rating the Borrower or its Restricted Subsidiaries the credit facility provided hereunder; provided, that prior to any disclosure, such rating agency shall undertake in writing to preserve the confidentiality of any Information received by it from the Administrative Agent or the Credit Facility or any Lender, (iii) on a confidential basis to the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility, (h) with the prior written consent of the Borrower, (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, Loans or (j) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section or (iiy) becomes available to the Administrative Agent, any Lender, any Issuing Lender or any of their respective Affiliates from a third party that is not, to such Person’s knowledge, subject to confidentiality obligations to the Borrower, (k) to the extent that such information is independently developed by the Administrative Agent, the applicable Lender or the applicable Issuing Lender or (l) for purposes of establishing a “due diligence” defense. For purposes of this Section, “Information” means all information received from any Credit Party or any Subsidiary thereof relating to any Credit Party or any Subsidiary thereof or any of their respective businesses, other than any such information that is available to the Administrative Agent, any Lender or any Issuing Lender prior to disclosure by any Credit Party or any Subsidiary thereof of their respective Affiliates on a nonconfidential basis from a source other than as a result the Borrower who is not, to the knowledge of a breach the Administrative Agent or such Lender, under an obligation of confidentiality to the Borrower with respect to such Information. In addition, the Administrative Agent and the Lenders may disclose the existence of this Section 12.10. The parties hereto hereby agree that unless otherwise clearly identified by Agreement and information about this Agreement to market data collectors, similar service providers to the Borrower at lending industry and service providers to the time of delivery thereof, any information received from the Borrower Administrative Agent or any Subsidiary after the date hereof shall be deemed confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10. Any failure by any of the Administrative AgentLenders in connection with the administration or servicing of this Agreement, the Issuing Lenders or other Loan Documents and the Lenders to give any such notice to the Borrower described in this Section 12.10 shall not result in any liability on the part of the Administrative Agent, the Issuing Lenders or the LendersCommitments.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders and the Issuing Lenders (1) The Lender agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates and the extent required by the order of any court or administrative agency in any pending legal, judicial or administrative proceeding or otherwise as required by Applicable Law (in which case, such Person shall, to its Related Parties on a need to know basis (it being understood that the Persons to whom such disclosure is made will be informed of extent permitted by Applicable Law, notify the confidential nature of such Information and instructed to keep such Information confidential on substantially the same terms as provided hereinBorrower promptly thereof, in advance), ; (b) upon the request or demand of any regulatory authority purporting to have jurisdiction over such Person or any of its Affiliates (including any self-regulatory authorityin which case, to the extent permitted by Applicable Law, such as the National Association of Insurance Commissioners) (in which case the Administrative Agent, the applicable Lender or the applicable Issuing Lender Person shall, except with respect to any audit or examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrower, Borrower in advance, to the extent practicable and lawfully permitted to do so), ; (c) to its Affiliates and its Affiliates’ respective employees, directors, legal counsel, independent auditors, professionals and other experts or agents of such person on a “need to know” basis and who are informed of the extent required by Applicable Laws pursuant confidential nature of such information and are or have been advised of their obligation to a subpoena or an order keep information of any court or administrative agency or in any pending legal or administrative proceeding or process (in which case, the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, to the extent permitted by Applicable Law, inform the Borrower promptly in advance thereof so the Borrower may seek a protective order or take other appropriate action), this type confidential; (d) to any other party hereto, (e) in connection with the exercise of any remedies under this Agreement, under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, (f) subject to an agreement containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights and obligations under this Agreement, (ii) any actual or prospective party (or its Related Parties) to any swap, derivative or other transaction under which payments are to be made by reference to the Borrower and its obligations, this Agreement or payments hereunder, (iii) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fund, (g) on a confidential basis to (i) any Rating Agency solely to the extent required in connection with rating the Borrower or its Restricted Subsidiaries or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility, (h) with the prior written consent of the Borrower, (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (j) to the extent such Information (i) becomes publicly available other than as a result by reason of a disclosure by such Person in breach of this Section provision or (ii) becomes available to the Administrative Agent, any Lender, any Issuing Lender or any of their respective Affiliates is received by such Person from a third party that is not, not to such Person’s knowledge, knowledge subject to confidentiality obligations to the Borrower or any of its Affiliates; (e) with the Borrower, ’s prior written consent; (kf) to the extent that such information is independently developed by such Person or its Affiliates; (g) in protecting and enforcing the Administrative Agent, rights of the applicable Lender or with respect to this Agreement and the applicable Issuing Lender or (l) other Loan Documents including for the purposes of establishing a “due diligence” defense. For purposes of this Section, “Information” means all information received from ; and (h) on a confidential basis to any Credit Party actual or prospective direct or indirect contractual counterparty to any Subsidiary thereof swap or derivative transaction relating to any Credit Party or any Subsidiary thereof or any of their respective businesses, other than any such information that is available to the Administrative Agent, any Lender or any Issuing Lender prior to disclosure by any Credit Party or any Subsidiary thereof other than as a result of a breach of this Section 12.10. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at the time of delivery thereof, any information received from the Borrower or any Subsidiary after of its Subsidiaries; provided that the date hereof disclosure of any such information to any prospective lenders shall be deemed confidential unless made subject to Applicable Law and the acknowledgment and acceptance by such prospective lender that such information shall already be publicly available other than as is being disseminated on a result of a breach of confidential basis (on substantially the terms set forth in this Section 12.10or as is otherwise reasonably acceptable to the Borrower). Any failure The Lender shall be liable for any violation of the confidentiality restrictions set forth herein by any of the Administrative Agent, the Issuing Lenders its employees or the Lenders to give any such notice to the Borrower described in this Section 12.10 shall not result in any liability on the part of the Administrative Agent, the Issuing Lenders or the Lendersdirectors.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders Issuing Bank and the Issuing Lenders agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates and to its Related Parties on a need to know basis and its Affiliates’ respective partners, directors, officers, employees, agents, advisors and other representatives (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential on substantially the same terms as provided hereinconfidential), (b) upon to the request or demand of extent requested by any regulatory authority purporting to have jurisdiction over such Person or any of its Affiliates it (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (and, in which the case the Administrative Agentof any non-ordinary course disclosure under this clause (b), the applicable Lender or disclosing party shall use its reasonable efforts to inform the applicable Issuing Lender shall, except with respect Borrower thereof prior to any audit or examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrowersuch disclosure and, in advanceany event, shall promptly inform the Borrower thereof, in each case to the extent practicable and lawfully legally permitted to do so), (c) to the extent required by Applicable Laws pursuant to a applicable laws or regulations or by any subpoena or an order of any court or administrative agency or in any pending similar legal or administrative proceeding or process (in which casecase the disclosing party shall use its reasonable efforts to inform the Borrower thereof prior to any such disclosure and, in any event, shall promptly inform the Administrative AgentBorrower thereof, the applicable Lender or the applicable Issuing Lender shall, in each case to the extent legally permitted by Applicable Law, inform the Borrower promptly in advance thereof so the Borrower may seek a protective order or take other appropriate actionto do so), (d) to any other party hereto, (e) in connection with the exercise of any remedies under this Agreement, hereunder or under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, Agreement or any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, (f) subject to an agreement containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights and or obligations under this Agreement, Agreement or (ii) any actual or prospective party counterparty (or its Related Partiesadvisors) to any swap, swap or derivative or other transaction under which payments are to be made by reference relating to the Borrower and its obligations, this Agreement or payments hereunder, (iii) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fund, (g) on a confidential basis to (i) any Rating Agency solely to with the extent required in connection with rating consent of the Borrower or its Restricted Subsidiaries or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility, (h) with the prior written consent of the Borrower, (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (j) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section or (iiy) becomes available to the Administrative Agent, the Issuing Bank or any Lender, any Issuing Lender or any of their respective Affiliates on a nonconfidential basis from a third party that is not, to such Person’s knowledge, subject to confidentiality obligations to source other than the Borrower, (k) to the extent that such information is independently developed by the Administrative Agent, the applicable Lender or the applicable Issuing Lender or (l) for purposes of establishing a “due diligence” defense. For purposes of this Section, “Information” means all information received from any Credit Party or any Subsidiary thereof relating to any Credit Party or any Subsidiary thereof or any of their respective businesses, other than any such information that is available to the Administrative Agent, any Lender or any Issuing Lender prior to disclosure by any Credit Party or any Subsidiary thereof other than as a result of a breach of this Section 12.10. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at the time of delivery thereof, any information received from the Borrower or any Subsidiary after the date hereof shall be deemed confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10. Any failure by any of the Administrative Agent, the Issuing Lenders or the Lenders to give any such notice to the Borrower described in this Section 12.10 shall not result in any liability on the part of the Administrative Agent, the Issuing Lenders or the Lenders.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders Agent and the Issuing Lenders each Lender agrees to maintain the confidentiality of the Information (as defined below)) and exercise the same degree of care that it exercises to maintain the confidentiality of its own proprietary information, but in any event not less than reasonable care, except that Information may be disclosed (a) to its Affiliates and to its Related Parties on a need to know basis (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential on substantially confidential); provided that, in no event will the same terms disclosure of Information to such Affiliates or Related Parties facilitate any activity that competes directly with the business activities of any Borrower or the Investment Adviser as provided herein), such business activities have been disclosed to Administrative Agent as of the Closing Date; (b) upon to the request extent required or demand of requested by any regulatory authority purporting to have jurisdiction over such Person or any of its Affiliates Related Parties (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (in which case Administrative Agent or such Lender, as the Administrative Agentcase may be, agrees to inform the applicable Lender or the applicable Issuing Lender shall, except with respect Initial Borrowers promptly thereof and provide an opportunity to any audit or examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrowercontest such disclosure, in advance, each case to the extent practicable and lawfully permitted to do sonot prohibited by applicable law), ; (c) to the extent required by Applicable Laws pursuant to a applicable laws or regulations or by any subpoena or an order of any court or administrative agency or in any pending similar legal or administrative proceeding or process (in which casecase Administrative Agent or such Lender, as the Administrative Agentcase may be, agrees to inform the applicable Lender or the applicable Issuing Lender shallInitial Borrowers promptly thereof and provide an opportunity to contest such disclosure, in each case to the extent permitted not prohibited by Applicable Law, inform the Borrower promptly in advance thereof so the Borrower may seek a protective order or take other appropriate actionapplicable law), ; (d) to any other party hereto, Lender; (e) on a confidential basis, in connection with the exercise of any remedies under this Agreement, hereunder or under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, Credit Agreement or any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, ; (f) subject to an agreement containing provisions substantially the same as those of this SectionSection and with the consent of the applicable Borrower, to (i) any assignee of or Participant in, or any prospective assignee of or Participant inin (but not including a Competitor unless an Event of Default has occurred and is continuing and the Standstill Period has expired), any of its rights and obligations under this Credit Agreement, or (ii) any actual or prospective party (or its Related Parties) (but not including a Competitor unless an Event of Default has occurred and is continuing and the Standstill Period has expired), to any swap, derivative or other transaction under which payments are to be made by reference to the Borrower Borrowers and its their obligations, this Credit Agreement or payments hereunder, (iii) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fund, ; (g) on a confidential basis to (i) any Rating Agency solely to the extent required rating agency in connection with rating the Borrower or its Restricted Subsidiaries Borrowers or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility, ; (h) with the prior written consent of the Borrower, Borrowers; or (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (j) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section or (ii) becomes available to the by Administrative Agent, any Lender, any Issuing Lender or any of their respective Affiliates from a third party that is notor Related Parties, to such Person’s knowledge, subject to confidentiality obligations to the Borrower, (k) to the extent that such information is independently developed by the Administrative Agent, the applicable Lender or the applicable Issuing Lender or (ly) for purposes of establishing a “due diligence” defense. For purposes of this Section, “Information” means all information received from any Credit Party or any Subsidiary thereof relating to any Credit Party or any Subsidiary thereof or any of their respective businesses, other than any such information that is becomes available to the Administrative Agent, any Lender or any Issuing Lender prior to disclosure by any Credit Party or any Subsidiary thereof of their respective Affiliates on a non-confidential basis from a source other than the Borrowers if Administrative Agent, such Lender or such Affiliate (as a result of a breach of this Section 12.10applicable) does not know that such source is prohibited from disclosing such Information. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at the time of delivery thereofIn addition, any information received from the Borrower or any Subsidiary after the date hereof shall be deemed confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10. Any failure by any of the Administrative Agent, the Issuing Lenders Lenders, and any of their respective Related Parties, may (A) disclose the existence of this Credit Agreement and information about this Credit Agreement to market data collectors, similar service providers to the lending industry and service providers to Administrative Agent or the Lenders in connection with the administration of this Credit Agreement, the other Loan Documents, and the Commitments; and (B) use any information (not constituting Information subject to give the foregoing confidentiality restrictions) related to the syndication and arrangement of the credit facilities contemplated by this Credit Agreement in connection with marketing, press releases, or other transactional announcements or updates provided to investor or trade publications, including the placement of “tombstone” advertisements in publications of its choice at its own expense. Notwithstanding anything herein to the contrary, any party to this Credit Agreement (and any employee, representative, or other agent of any party to this Credit Agreement) may disclose to any and all persons, without limitation of any kind, the tax treatment and tax structure of the transactions contemplated by this Credit Agreement and all materials of any kind (including opinions or other tax analyses) that are provided to it relating to such tax treatment and tax structure. However, any such notice information relating to the Borrower described in this Section 12.10 shall not result in tax treatment or tax structure is required to be kept confidential to the extent necessary to comply with any liability on the part of the Administrative Agentapplicable federal or state securities laws, the Issuing Lenders or the Lendersrules, and regulations.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders and the Issuing Lenders L/C Issuer agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates and to its Related Parties on a need to know basis and its Affiliates’ respective partners, directors, officers, employees, agents, trustees, advisors and representatives (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential on substantially the same terms as provided hereinconfidential), (b) upon to the request or demand of extent requested by any regulatory authority purporting to have jurisdiction over such Person or any of its Affiliates it (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (in which case the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, except with respect to any audit or examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrower, in advance, to the extent practicable and lawfully permitted to do so), (c) to the extent required by Applicable Laws pursuant to a applicable laws or regulations or by any subpoena or an order of any court or administrative agency or in any pending similar legal or administrative proceeding or process (in which case, the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, to the extent permitted by Applicable Law, inform the Borrower promptly in advance thereof so the Borrower may seek a protective order or take other appropriate action)process, (d) to any other party hereto, (e) in connection with the exercise of any remedies under this Agreement, hereunder or under any other Loan Credit Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, Credit Agreement or any other Loan Credit Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, (f) subject to an agreement containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights and or obligations under this Credit Agreement, (ii) any actual or prospective party counterparty (or its Related Partiesadvisors) to any swap, derivative or other transaction under which payments are to be made by reference relating to the Borrower and its obligations, this Agreement or payments hereunder(g) subject to each such Person being informed of the confidential nature of the Information and to their agreement to keep such Information confidential, to (iiii) to an investor or prospective investor in securities issued by an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such securities issued by the Approved Fund, (ivii) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in securities issued by an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for securities issued by an Approved Fund Fund, or (viii) to a Rating Agency solely to the extent it nationally recognized rating agency that requires access to information regarding the Borrower and its Restricted SubsidiariesCredit Parties, the Loans and the Loan Credit Documents in connection with ratings issued with in respect to of securities issued by an Approved Fund, (g) on a confidential basis to (i) any Rating Agency solely to the extent required in connection with rating the Borrower or its Restricted Subsidiaries or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility, (h) with the prior written consent of the Borrower, Borrower or (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (j) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section or (iiy) becomes available to the Administrative Agent, any Lender, any Issuing Lender the L/C Issuer or any of their respective Affiliates on a nonconfidential basis from a third party that is not, to such Person’s knowledge, subject to confidentiality obligations to source other than the Borrower, (k) to the extent that such information is independently developed by the Administrative Agent, the applicable Lender or the applicable Issuing Lender or (l) for purposes of establishing a “due diligence” defense. For purposes of this Section, “Information” means all information received from any Credit Party or any Subsidiary thereof relating to any Credit Party or any Subsidiary thereof or any of their respective businesses, other than any such information that is available to the Administrative Agent, any Lender or any Issuing Lender prior to disclosure by any Credit Party or any Subsidiary thereof other than as a result of a breach of this Section 12.10. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at the time of delivery thereof, any information received from the Borrower or any Subsidiary after the date hereof shall be deemed confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10. Any failure by any of the Administrative Agent, the Issuing Lenders or the Lenders to give any such notice to the Borrower described in this Section 12.10 shall not result in any liability on the part of the Administrative Agent, the Issuing Lenders or the Lenders.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders and the Issuing Lenders L/C Issuer agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) on a confidential and need-to-know basis to its Affiliates and to its Related Parties on a and its Affiliates’ respective partners, directors, officers, employees, agents, advisors and representatives who need to know basis such information in connection with the transactions contemplated hereby (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed will be subject to keep such Information confidential on customary confidentiality obligations of professional practice or will agree (which agreement may be oral or pursuant to company policy) to be bound by the terms of this Section 10.07 (or language substantially the same terms as provided hereinsimilar to this Section 10.07), (b) upon to the request or demand of extent requested by any regulatory authority purporting to have jurisdiction over such Person or any of its Affiliates it (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (in which case the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, except with respect to any audit or examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrower, in advancesuch Person, to the extent practicable permitted by law and lawfully permitted except where such disclosure is made in the course of routine audits or reviews by regulatory or self-regulatory authorities, shall inform the Borrower promptly) or to do soany Federal Reserve Bank or central bank in connection with a pledge or assignment pursuant to Section 10.06(f), (c) to the extent required by Applicable Laws pursuant to a subpoena or an the order of any court or administrative agency or in any pending legal or administrative proceeding proceeding, or by applicable laws (including for purposes of establishing a “due diligence” defense) or regulations or by any subpoena or similar legal process (in which case, the Administrative Agent, the applicable Lender or the applicable Issuing Lender shallcase such Person, to the extent permitted by Applicable Lawlaw, shall inform the Borrower promptly in advance thereof so the Borrower may seek a protective order or take other appropriate actionpromptly), (d) to any other party hereto, (e) in connection with the exercise of any remedies under this Agreement, hereunder or under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, Agreement or any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, (f) subject to an agreement containing provisions substantially the same as those of this SectionSection 10.07, to (i) any permitted assignee of or Participant in, or any prospective permitted assignee of or Participant in, any of its rights and or obligations under this Agreement, Agreement or (ii) any actual or prospective party counterparty (or its Related Partiesadvisors) to any swap, swap or derivative or other transaction under which payments are to be made by reference relating to the Borrower and its obligations, this Agreement or payments hereunder, (iii) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fund, (g) on a confidential basis to (i) any Rating Agency solely to with the extent required in connection with rating consent of the Borrower or its Restricted Subsidiaries or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility, (h) with the prior written consent of the Borrower, (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (j) to the extent such Information (i) becomes publicly available other than as a result of a breach of this Section or Section, (ii) becomes available to the Administrative Agent, any Lender, any Issuing Lender the L/C Issuer or any of their respective Affiliates on a basis that to its knowledge is nonconfidential from a third party that is not, to such Person’s knowledge, subject to confidentiality obligations to source other than the Borrower, Borrower or (kiii) to the extent that such information is independently developed by such Person. In addition, the Administrative AgentAgent and the Lenders may disclose the existence of this Agreement and information about this Agreement to market data collectors, similar service providers to the lending industry and service providers to the Agents and the Lenders in connection with the administration of this Agreement, the applicable Lender or other Loan Documents and the applicable Issuing Lender or (l) for purposes Commitments; provided that such disclosure shall in no event include information beyond the scope of establishing a “due diligence” defense. For purposes of this Section, “Information” means all information received from any Credit Party or any Subsidiary thereof relating to any Credit Party or any Subsidiary thereof or any of their respective businesses, other than any such information that is available to publicly filed with the Administrative Agent, any Lender or any Issuing Lender prior to disclosure by any Credit Party or any Subsidiary thereof other than as a result of a breach of this Section 12.10. The parties hereto hereby agree that unless otherwise clearly identified by SEC without the Borrower at the time of delivery thereof, any information received from the Borrower or any Subsidiary after the date hereof shall be deemed confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10. Any failure by any consent of the Administrative Agent, the Issuing Lenders or the Lenders to give any such notice to the Borrower described in this Section 12.10 shall not result in any liability on the part of the Administrative Agent, the Issuing Lenders or the LendersBorrower.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders and the Issuing Lenders L/C Issuers agrees to maintain the confidentiality of the Information (as defined below), except that the Information may be disclosed (a) to its Affiliates and to its Related Parties and its Affiliates’ respective directors, officers, employees, agents, advisors, insurers, insurance brokers, settlement service providers and other representatives on a “need to know basis basis” (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential on substantially confidential) solely in connection with the same terms transactions contemplated or permitted hereby; provided that the Administrative Agent, the Lenders or the L/C Issuers, as provided herein)the case may be, shall be responsible for their respective Affiliates’ compliance with this clause, (b) upon to the request or demand of extent requested by any regulatory authority purporting to have having jurisdiction over such Person or any of its Affiliates (including any self-regulatory authority, such as the National Association of Insurance CommissionersCommissioners or any similar organization) (or any nationally recognized rating agency that requires access to information about a Lender’s investment portfolio in which case the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, except connection with ratings issued with respect to such Lender (provided that, prior to any audit or examination conducted by bank accountants or such disclosure, such rating agency shall undertake in writing to preserve the confidentiality of any governmental bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrower, in advance, confidential Information relating to the extent practicable and lawfully permitted to do soLoan Parties), (c) to the extent required by Applicable Laws pursuant to a or regulations or by any subpoena or an order similar legal process; provided that, unless specifically prohibited by Applicable Law or court order, each Lender and the Administrative Agent shall promptly notify the Borrower in advance of any court or administrative agency or in any pending legal or administrative proceeding or process (in which case, the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, to the extent permitted by Applicable Law, inform the Borrower promptly in advance thereof so the Borrower may seek a protective order or take other appropriate action)such disclosure, (d) to any other party hereto, (e) in connection with the exercise of any remedies under this Agreement, hereunder or under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, Agreement or any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, (f) subject to an agreement containing provisions substantially the same as not less restrictive than those of this SectionSection 10.23, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights and or obligations under this AgreementAgreement (provided that, for the avoidance of doubt, to the extent that the list of Prohibited Lenders is made available to all Lenders, the “Information” for purposes of this clause (f)(i) shall include the list of Prohibited Lenders) or (ii) any actual or prospective party counterparty (or its Related Partiesadvisors) to any swap, derivative or other transaction under which payments are to be made by reference Hedge Agreement relating to the Borrower and its obligations, this Agreement or payments hereunder, (iii) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fund, (g) on a confidential basis with the consent of the Borrower, (h) (x) to (i) any Rating Agency solely to the extent required rating agency in connection with rating the Borrower or its Restricted Subsidiaries or the Credit Facility facilities evidenced by this Agreement or (iiy) the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility, (h) with the prior written consent of the Borrowerfacilities evidenced by this Agreement, (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (j) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section 10.23 or (iiy) becomes available to the Administrative Agent, any Lender, any Issuing Lender or any of their respective Affiliates on a nonconfidential basis from a third party that is not, to such Person’s knowledge, subject to confidentiality obligations to source other than the Borrower, (j) for purposes of establishing a “due diligence” defense, (k) to the extent that such information is independently developed developed, so long as not based on information obtained in a manner that would otherwise violate this Section 10.23. In addition, the Agents and the Lenders may disclose the existence of this Agreement and customary information about this Agreement to market data collectors, similar service providers to the lending industry, and service providers to the Agents and the Lenders in connection with the administration and management of this Agreement, the other Loan Documents, the Commitments, and the Credit Extensions; provided that such Person is advised of and agrees to be bound by the Administrative Agent, the applicable Lender or the applicable Issuing Lender or (l) for purposes provisions of establishing a “due diligence” defensethis Section 10.23. For purposes of this SectionSection 10.23, “Information” means all information received from by the Administrative Agent, any Credit Party Lender or any Subsidiary thereof L/C Issuer, as the case may be, from the Borrower or any of its Subsidiaries relating to any Credit Party the Borrower or any Subsidiary thereof of its Subsidiaries or any of their respective businessesbusinesses (including any target company and its Subsidiaries in connection with contemplated or consummated Acquisition or other investment), other than any such information that is available to the Administrative Agent, Agent or any Lender or any Issuing Lender on a nonconfidential basis prior to disclosure by any Credit Party or any Subsidiary thereof other than as a result of a breach of this Section 12.10. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at the time of delivery thereof, any information received from the Borrower or any Subsidiary after the date hereof shall be deemed confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10its Subsidiaries. Any failure by any Person required to maintain the confidentiality of the Administrative Agent, the Issuing Lenders or the Lenders to give any such notice to the Borrower described Information as provided in this Section 12.10 10.23 shall not result in any liability on be considered to have complied with its obligation to do so if such Person has exercised the part same degree of care to maintain the confidentiality of such Information as such Person would accord to its own confidential information. Notwithstanding the foregoing, the Administrative Agent, Agent and the Issuing Lenders or the Lendersagree not to disclose any Information to a Prohibited Lender.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders Agent and the Issuing Lenders agrees to maintain the confidentiality of of, and not disclose, the Information (as defined below), except that Information may be disclosed (a) to its Affiliates and to its Related Parties on a and its Affiliates’ respective partners, directors, officers, employees, agents, advisors and representatives who need to know basis such Information in connection with this Agreement (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed will be subject to keep customary confidentiality obligations of professional practice or agree to be bound by the terms of this Section (or language substantially similar to this Section) with the disclosing party responsible for such Information confidential on substantially the same terms as provided hereinperson’s compliance with this Section), (b) upon to the request or demand of extent requested by any regulatory authority purporting to have jurisdiction over such Person or any of its Affiliates it (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (), in which case the Administrative Agentdisclosing party agrees, to the applicable Lender extent permitted by law, rule or regulation and reasonably practicable, to inform the applicable Issuing Lender shallBorrower, except with respect to any customary audit or customary examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, in advance thereof, (c) to the extent required by applicable laws or regulations or by any subpoena or similar legal process; provided that the Person required to disclose such information shall take reasonable efforts (at the Borrower’s expense) to ensure that any Information so disclosed shall be afforded confidential treatment, to the extent permitted by law, rule or regulation and reasonably practicable, to inform the Borrower, except with respect to any customary audit or customary examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrower, in advance, to the extent practicable and lawfully permitted to do so), (c) to the extent required by Applicable Laws pursuant to a subpoena or an order of any court or administrative agency or in any pending legal or administrative proceeding or process (in which case, the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, to the extent permitted by Applicable Law, inform the Borrower promptly in advance thereof so the Borrower may seek a protective order or take other appropriate action)thereof, (d) to any other party hereto, (e) in connection with the exercise of any remedies under this Agreement, hereunder or under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, Agreement or any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, (f) subject to such Person agreeing to be subject to the provisions of this Section 10.07 or an agreement containing provisions substantially the same at least as restrictive as those of this SectionSection 10.07, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights and or obligations under this Agreement, Agreement or (ii) any actual or prospective party counterparty (or its Related Partiesadvisors) to any swap, swap or derivative or other transaction under which payments are to be made by reference to the Borrower and its obligations, this Agreement or payments hereunder, (iiig) with the consent of the Borrower, (h) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent any rating agency when required by it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fund, (g) on a confidential basis to (i) any Rating Agency solely to the extent required in connection with rating the Borrower or its Restricted Subsidiaries the credit facility provided hereunder; provided, that prior to any disclosure, such rating agency shall undertake in writing to preserve the confidentiality of any Information received by it from the Administrative Agent or the Credit Facility or any Lender, (iii) on a confidential basis to the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility, (h) with the prior written consent of the Borrower, (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, Loans or (j) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section or (iiy) becomes available to the Administrative Agent, any Lender, any Issuing Lender or any of their respective Affiliates from a third party that is not, to such Person’s knowledge, subject to confidentiality obligations to the Borrower, (k) to the extent that such information is independently developed by the Administrative Agent, the applicable Lender or the applicable Issuing Lender or (l) for purposes of establishing a “due diligence” defense. For purposes of this Section, “Information” means all information received from any Credit Party or any Subsidiary thereof relating to any Credit Party or any Subsidiary thereof or any of their respective businesses, other than any such information that is available to the Administrative Agent, any Lender or any Issuing Lender prior to disclosure by any Credit Party or any Subsidiary thereof of their respective Affiliates on a nonconfidential basis from a source other than as a result of a breach of this Section 12.10. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at who is not, to the time of delivery thereof, any information received from the Borrower or any Subsidiary after the date hereof shall be deemed confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10. Any failure by any knowledge of the Administrative AgentAgent or such Lender, the Issuing Lenders or the Lenders to give any such notice under an obligation of confidentiality to the Borrower described in this Section 12.10 shall not result in any liability on the part of the Administrative Agent, the Issuing Lenders or the Lenderswith respect to such Information.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders Agent and the Issuing Lenders agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates Affiliates, its auditors and to its Related Parties on a need to know basis (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential on substantially and the same terms as provided hereinAdministrative Agent or such Lender will be responsible for any the non-compliance with this Section 10.07 of such a Person which it controls), (b) upon to the request extent required or demand of requested by any regulatory authority purporting to have jurisdiction over such Person or any of its Affiliates Related Parties (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (in which case the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, except with respect to any audit or examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrower, in advanceand such Person agrees, to the extent not prohibited by applicable law, to inform the Borrower promptly thereof prior to disclosure or, if not practicable prior to disclosure and lawfully permitted not prohibited by law, to do so)inform the Borrower promptly after disclosure, (c) to the extent required by Applicable Laws pursuant to a or regulations or by any subpoena or an order of any court or administrative agency or in any pending similar legal or administrative proceeding or process (in which case, the Administrative Agent, the applicable Lender or the applicable Issuing Lender shalland such Person agrees, to the extent permitted not prohibited by Applicable Lawapplicable law, to inform the Borrower promptly in advance thereof so the Borrower may seek a protective order or take other appropriate action)prior to disclosure or, if not practicable prior to disclosure and not prohibited by law, promptly after disclosure, (d) to any other party hereto, (e) in connection with the exercise of any remedies under this Agreement, hereunder or under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, Agreement or any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, (f) subject to an agreement containing provisions substantially the same as those of this SectionSection 10.07, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights and obligations under this Agreement, Agreement or (ii) any actual or prospective party (or its Related Parties) to any swap, derivative or other transaction under which payments are to be made by reference to the Borrower and its obligations, this Agreement or payments hereunder, (iii) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fund, (g) on a confidential basis to (i) any Rating Agency solely to the extent required rating agency in connection with rating the Borrower or its Restricted Subsidiaries or the Credit Facility credit facilities provided hereunder or (ii) the CUSIP Service Bureau or any similar agency solely in connection with the issuance application, issuance, publishing and monitoring of CUSIP numbers or other market identifiers with respect to the Credit Facilitycredit facilities provided hereunder, (h) with the prior written consent of the Borrower, Borrower or (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (j) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section or 10.07, (iiy) becomes available to the Administrative Agent, any Lender, any Issuing Lender or any of their respective Affiliates on a nonconfidential basis from a third source other than the Borrower or (z) is independently discovered or developed by a party that is nothereto without utilizing any Information received from the Borrower or violating the terms of this Section 10.07. In addition, the Administrative Agent and the Lenders may disclose the existence of this Agreement and information about this Agreement to such Person’s knowledgemarket data collectors, subject to confidentiality obligations similar service providers to the Borrower, (k) lending industry and service providers to the extent that such information is independently developed by Agents and the Administrative AgentLenders in connection with the administration of this Agreement, the applicable Lender or other Loan Documents, and the applicable Issuing Lender or (l) for purposes of establishing a “due diligence” defenseCommitments. For purposes of this SectionSection 10.07, “Information” means all information received from any Credit Party the Borrower or any Subsidiary thereof relating to any Credit Party the Borrower or any Subsidiary thereof or any of their respective businesses, other than any such information that is available to the Administrative Agent, any Lender or any Issuing Lender on a nonconfidential basis prior to disclosure by any Credit Party the Borrower or any Subsidiary thereof other than as a result Subsidiary, provided that, in the case of a breach of this Section 12.10. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at the time of delivery thereof, any information received from the Borrower or any Subsidiary after the date hereof hereof, such information is clearly identified at the time of delivery as confidential. Any Person required to maintain the confidentiality of Information as provided in this Section 10.07 shall be deemed considered to have complied with its obligation to do so if such Person has exercised the same degree of care to maintain the confidentiality of such Information as such Person would accord to its own confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10information. Any failure by any Each of the Administrative Agent, the Issuing Lenders or acknowledges that (a) the Lenders to give any such notice to Information may include material non-public information concerning the Borrower described or a Subsidiary, as the case may be, (b) it has developed compliance procedures regarding the use of material non-public information and (c) it will handle such material non-public information in this Section 12.10 shall not result in any liability on the part of the Administrative Agentaccordance with Applicable Law, the Issuing Lenders or the Lendersincluding United States Federal and state securities Laws.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders and the Issuing Lenders L/C Issuer agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) on a confidential and need-to-know basis to its Affiliates and to its Related Parties on a and its Affiliates’ respective partners, directors, officers, employees, agents, advisors and representatives who need to know basis such information in connection with the transactions contemplated hereby (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed will be subject to keep such Information confidential on customary confidentiality obligations of professional practice or will agree (which agreement may be oral or pursuant to company policy) to be bound by the terms of this Section 10.07 (or language substantially the same terms as provided hereinsimilar to this Section 10.07), (b) upon to the request or demand of extent requested by any regulatory authority purporting to have jurisdiction over such Person or any of its Affiliates it (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (in which case the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, except with respect to any audit or examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrower, in advancesuch Person, to the extent practicable permitted by law and lawfully permitted except where such disclosure is made in the course of routine audits or reviews by regulatory or self-regulatory authorities, shall inform the Borrower promptly) or to do soany Federal Reserve Bank or central bank in connection with a pledge or assignment pursuant to Section 10.06(f), (c) to the extent required by Applicable Laws pursuant to a subpoena or an the order of any court or administrative agency or in any pending legal or administrative proceeding proceeding, or by applicable laws (including for purposes of establishing a “due diligence” defense) or regulations or by any subpoena or similar legal process (in which case, the Administrative Agent, the applicable Lender or the applicable Issuing Lender shallcase such Person, to the extent permitted by Applicable Lawlaw, shall inform the Borrower promptly in advance thereof so the Borrower may seek a protective order or take other appropriate actionpromptly), (d) to any other party hereto, (e) in connection with the exercise of any remedies under this Agreement, hereunder or under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, Agreement or any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, (f) subject to an agreement containing provisions substantially the same as those of this SectionSection 10.07, to (i) any permitted assignee of or Participant in, or any prospective permitted assignee of or Participant in, any of its rights and or obligations under this Agreement, Agreement or any Lender of Additional Term Loans or any potential Lender of Additional Term Loans or (ii) any actual or prospective party counterparty (or its Related Partiesadvisors) to any swap, swap or derivative or other transaction under which payments are to be made by reference relating to the Borrower and its obligations, this Agreement or payments hereunder, (iii) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fund, (g) on a confidential basis to (i) any Rating Agency solely to with the extent required in connection with rating consent of the Borrower or its Restricted Subsidiaries or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility, (h) with the prior written consent of the Borrower, (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (j) to the extent such Information (i) becomes publicly available other than as a result of a breach of this Section or Section, (ii) becomes available to the Administrative Agent, any Lender, any Issuing Lender the L/C Issuer or any of their respective Affiliates on a basis that to its knowledge is nonconfidential from a third party that is not, to such Person’s knowledge, subject to confidentiality obligations to source other than the Borrower, Borrower or (kiii) to the extent that such information is independently developed by the Administrative Agent, the applicable Lender or the applicable Issuing Lender or (l) for purposes of establishing a “due diligence” defense. For purposes of this Section, “Information” means all information received from any Credit Party or any Subsidiary thereof relating to any Credit Party or any Subsidiary thereof or any of their respective businesses, other than any such information that is available to the Administrative Agent, any Lender or any Issuing Lender prior to disclosure by any Credit Party or any Subsidiary thereof other than as a result of a breach of this Section 12.10. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at the time of delivery thereof, any information received from the Borrower or any Subsidiary after the date hereof shall be deemed confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10. Any failure by any of the Administrative Agent, the Issuing Lenders or the Lenders to give any such notice to the Borrower described in this Section 12.10 shall not result in any liability on the part of the Administrative Agent, the Issuing Lenders or the LendersPerson.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders and the Issuing Lenders Xxxxxxx agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates and to its and its Related Parties on a need to know basis solely in connection with the transactions contemplated by this Agreement (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential on substantially the same terms as provided hereinconfidential), (b) upon to the request extent required or demand of requested by, or required to be disclosed to, any regulatory or similar authority purporting to have jurisdiction over such Person or any of its Affiliates Related Parties (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (in which case case, the Administrative Agent, the applicable Lender or the applicable Issuing Lender shallLender, as applicable, shall use commercially reasonable efforts to, except with respect to any audit or examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrower, in advance, to the extent practicable and lawfully otherwise permitted to do soby Applicable Law), (c) as to the extent required by Applicable Laws pursuant to a subpoena or an order of any court or administrative agency regulations or in any pending legal or legal, judicial, administrative proceeding or other compulsory process (in which case, the Administrative Agent, the applicable Lender or the applicable Issuing Lender shallLender, as applicable, shall use commercially reasonable efforts to, except with respect to any audit or examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrower, in advance, to the extent practicable and otherwise permitted by Applicable Law, inform the Borrower promptly in advance thereof so the Borrower may seek a protective order or take other appropriate action), (d) to any other party hereto, (e) in connection with the exercise of any remedies under this Agreement, under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, (f) subject to an agreement containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights and obligations under this Agreement, Agreement or (ii) any actual or prospective party (or its Related Parties) to any swap, derivative or other transaction under which payments are to be made by reference to the Borrower and its obligations, this Agreement or payments hereunder, (iii) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fund, (g) on a confidential basis to (i) any Rating Agency solely to the extent required in connection with rating the Borrower or its Restricted Subsidiaries or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility, (h) with the prior written consent of the Borrower, (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (j) to the extent such Information (i) becomes publicly available other than as a result of a breach of this Section or (ii) becomes available to the Administrative Agent, any Lender, any Issuing Lender or any of their respective Affiliates from a third party that is not, to such Person’s knowledge, subject to confidentiality obligations to the Borrower, (k) to the extent that such information is independently developed by the Administrative Agent, the applicable Lender or the applicable Issuing Lender or (l) for purposes of establishing a “due diligence” defense. For purposes of this Section, “Information” means all information received from any Credit Party or any Subsidiary thereof relating to any Credit Party or any Subsidiary thereof or any of their respective businesses, other than any such information that is available to the Administrative Agent, any Lender or any Issuing Lender prior to disclosure by any Credit Party or any Subsidiary thereof other than as a result of a breach of this Section 12.10. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at the time of delivery thereof, any information received from the Borrower or any Subsidiary after the date hereof shall be deemed confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10. Any failure by any of the Administrative Agent, the Issuing Lenders or the Lenders to give any such notice to the Borrower described in this Section 12.10 shall not result in any liability on the part of the Administrative Agent, the Issuing Lenders or the Lenders.or

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders and the Issuing Lenders L/C Issuer agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates and to its Related Parties and its Affiliates’ respective partners, directors, officers, employees, agents, advisors and other representatives on a “need to know basis basis” (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential on substantially confidential) solely in connection with the same terms transactions contemplated or permitted hereby; provided that the Administrative Agent, the Lenders or the L/C Issuer, as provided herein)the case may be, shall be responsible for its Affiliates’ compliance with this clause, (b) upon to the request or demand of extent requested by any regulatory authority purporting to have jurisdiction over such Person or any of its Affiliates it (including any self-regulatory self‑regulatory authority, such as the National Association of Insurance CommissionersCommissioners or any similar organization) (or any nationally recognized rating agency that requires access to information about a Lender’s investment portfolio in which case the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, except connection with ratings issued with respect to such Lender (provided that, prior to any audit or examination conducted by bank accountants or such disclosure, such rating agency shall undertake in writing to preserve the confidentiality of any governmental bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrower, in advance, confidential Information relating to the extent practicable and lawfully permitted to do soLoan Parties), (c) to the extent required by Applicable Laws pursuant to a or regulations or by any subpoena or an order similar legal process; provided that, unless specifically prohibited by Applicable Law or court order, each Lender and the Administrative Agent shall promptly notify the Borrower in advance of any court or administrative agency or in any pending legal or administrative proceeding or process (in which case, the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, to the extent permitted by Applicable Law, inform the Borrower promptly in advance thereof so the Borrower may seek a protective order or take other appropriate action)such disclosure, (d) to any other party hereto, (e) in connection with the exercise of any remedies under this Agreement, hereunder or under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, Agreement or any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, (f) subject to an agreement containing provisions substantially the same as those of this SectionSection 10.23, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights and or obligations under this Agreement, Agreement or (ii) any actual or prospective party counterparty (or its Related Partiesadvisors) to any swap, derivative or other transaction under which payments are to be made by reference Hedge Agreement relating to the Borrower and its obligations, this Agreement or payments hereunder, (iii) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fund, (g) on a confidential basis to (i) any Rating Agency solely to the extent required in connection with rating the Borrower or its Restricted Subsidiaries or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility, (h) with the prior written consent of the Borrower, (h) in customary disclosure about the terms of the financing contemplated hereby in the ordinary course of business to market data collectors and similar service providers to the loan industry for league table purposes or (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (j) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section 10.23 or (iiy) becomes available to the Administrative Agent, any Lender, any Issuing Lender or any of their respective Affiliates on a nonconfidential basis from a third party that is not, to such Person’s knowledge, subject to confidentiality obligations to source other than the Borrower, Borrower (k) except to the extent that such information is independently developed by Information was available to the Administrative Agent, the applicable any Lender or any of their Affiliates as a result of Administrative Agent’s, any Lender’s or their Affiliates’ ownership interests in the applicable Issuing Lender Business or (l) for purposes of establishing a “due diligence” defensethe Borrower). For purposes of this SectionSection 10.23, “Information” means all information received by the Administrative Agent, any Lender or the L/C Issuer, as the case may be, from any Credit Party the Borrower or any Subsidiary thereof of its Subsidiaries relating to any Credit Party the Borrower or any Subsidiary thereof of its Subsidiaries or any of their respective businessesbusinesses (including any target company and its Subsidiaries in connection with contemplated or consummated Acquisition or other investment), other than any such information that is available to the Administrative Agent, Agent or any Lender or any Issuing Lender on a nonconfidential basis prior to disclosure by any Credit Party or any Subsidiary thereof other than as a result of a breach of this Section 12.10. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at the time of delivery thereof, any information received from the Borrower or any Subsidiary after of its Subsidiaries. Any Person required to maintain the date hereof confidentiality of Information as provided in this Section shall be deemed considered to have complied with its obligation to do so if such Person has exercised the same degree of care to maintain the confidentiality of such Information as such Person would accord to its own confidential unless information. Notwithstanding the foregoing, the Administrative Agent and the Lenders agree not to disclose any Information to a (i) Prohibited Lender or (ii) any of their respective Affiliates or any of their and their Affiliates’ officers, directors or employees that (x) are engaged as principles primarily in private equity or venture capital on a proprietary basis (other than, in each case, such information shall already be publicly available other than as a result of a breach of this Section 12.10. Any failure Affiliates engaged by the Borrower with respect to the Transactions or any debt fund affiliates or any advisors thereto) or (y) to the knowledge of the Administrative Agent, the Issuing Lenders or the Lenders to give L/C Issuer, as the case may be, are engaged in businesses competing with the Borrower (including any such notice Affiliate which has been previously identified in writing to the Borrower described Joint Lead Arrangers as such); provided that nothing contained in this Section 12.10 10.23 shall not result in prohibit the disclosure of such Information to any liability on the part officers, directors or employees of any Affiliate of the Administrative Agent, the Issuing Lenders or the LendersL/C Issuer, as the case may be, who reasonably need to know such Information for purposes of evaluating, negotiating, enforcing or consummating any of the transactions contemplated hereby, so long as, such Information is used solely for such purposes.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders and the Issuing Lenders L/C Issuer agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates and to its Related Parties on a need to know basis and its Affiliates’ respective partners, directors, officers, employees, agents, trustees, advisors and representatives (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential on substantially the same terms as provided hereinconfidential), (b) upon to the request or demand of extent requested by any regulatory authority purporting to have jurisdiction over such Person or any of its Affiliates it (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (in which case the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, except with respect to any audit or examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrower, in advance, to the extent practicable and lawfully permitted to do so), (c) to the extent required by Applicable Laws pursuant to a applicable laws or regulations or by any subpoena or an order of any court or administrative agency or in any pending similar legal or administrative proceeding or process (in which case, process; provided that the Administrative Agent, the applicable such Lender or the L/C Issuer, as the case may be, shall, at the sole cost and expense of the Company, request confidential treatment of such confidential information to the extent practicable and permitted by applicable Issuing law and the Administrative Agent, such Lender or the L/C Issuer, as the case may be, shall, to the extent permitted by Applicable Lawapplicable law, promptly inform the Borrower promptly in advance thereof Company with respect thereto so that the Borrower Company may seek appropriate protective relief to the extent permitted by applicable law; provided, further, that in the event such protective remedy or other remedy is not obtained, the Administrative Agent, such Lender or the L/C Issuer, as the case may be, shall furnish only that portion of the confidential information that is legally required and shall disclose the confidential information in a manner reasonably designed to preserve its confidential nature and shall, at the sole cost and expense of the Company, cooperate with the Company’s counsel to enable the Company to attempt to obtain a protective order or take other appropriate action)reliable assurance that confidential treatment will be accorded to the Information, (d) to any other party hereto, (e) in connection with the exercise of any remedies under this Agreement, hereunder or under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, Agreement or any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, (f) subject to an agreement containing provisions substantially the same as those of this SectionSection 10.07, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights and or obligations under this Agreement, Agreement or any Eligible Assignee invited to be a Lender pursuant to Section 2.17 or (ii) any actual or prospective party counterparty (or its Related Partiesadvisors) to any swap, swap or derivative or other transaction under which payments are relating to be made by reference to the a Borrower and its obligations, this Agreement or payments hereunder, (iii) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fund, (g) on a confidential basis to (i) any Rating Agency solely to the extent required rating agency in connection with rating the Borrower Company or its Restricted Subsidiaries or the Credit Facility credit facilities provided hereunder or (ii) the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring of CUSIP numbers of other market identifiers with respect to the Credit Facilitycredit facilities provided hereunder, (h) with the prior written consent of the Borrower, Company or (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (j) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section 10.07 or (iiy) becomes available to the Administrative Agent, any Lender, any Issuing Lender the L/C Issuer or any of their respective Affiliates on a nonconfidential basis from a third party that is notsource other than the Company, which source, to such Person’s knowledge, subject to confidentiality obligations to the Borrower, (k) to the extent that such information is independently developed by actual knowledge of the Administrative Agent, the applicable such Lender or the applicable Issuing L/C Issuer, as the case may be, is not prohibited from disclosing such Information to such Person by a contractual, legal or fiduciary obligation to the Company, the Administrative Agent, any Lender or (l) for purposes of establishing a “due diligence” defensethe L/C Issuer. For purposes of this SectionSection 10.07, “Information” means all information received from any Credit Party the Company or any Subsidiary thereof relating to any Credit Party the Company or any Subsidiary thereof or any of their respective businesses, other than any such information that is available to the Administrative Agent, any Lender or any Issuing Lender the L/C Issuer on a nonconfidential basis prior to disclosure by any Credit Party the Company or any Subsidiary thereof other than Subsidiary. Any Person required to maintain the confidentiality of Information as a result of a breach of provided in this Section 12.10. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at the time of delivery thereof, any information received from the Borrower or any Subsidiary after the date hereof 10.07 shall be deemed considered to have complied with its obligation to do so if such Person has exercised the same degree of care to maintain the confidentiality of such Information as such Person would accord to its own confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10information. Any failure by any Each of the Administrative Agent, the Issuing Lenders and the L/C Issuer acknowledges that (a) the Information may include material non-public information concerning the Company or a Subsidiary, as the Lenders to give any case may be, (b) it has developed compliance procedures regarding the use of material non-public information and (c) it will handle such notice to the Borrower described material non-public information in this Section 12.10 shall not result in any liability on the part of the Administrative Agentaccordance with applicable Law, the Issuing Lenders or the Lendersincluding United States Federal and state securities Laws.

Treatment of Certain Information; Confidentiality. Each The Lender agrees to keep confidential all financial statements, reports and other non-public information provided to it pursuant to this Guaranty or otherwise; provided that nothing herein shall prevent the Lender from disclosing any such information (i) to any Affiliates or Subsidiaries of the Administrative Agent, the Lenders and the Issuing Lenders agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates and to its Related Parties on Lender with a need to know basis in connection with the Loan Documents (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information information and instructed to keep such Information confidential on substantially the same terms as provided hereininformation confidential), (bii) to any actual or prospective assignee or participant which has been informed of the confidential nature of such information and has signed and delivered to the Guarantor a confidentiality and non-disclosure agreement in form and substance satisfactory to the Guarantor agreeing in writing to treat such information as confidential in accordance with the terms of the Loan Documents; provided that no such information shall knowingly be provided by the Lender to any competitor of the Guarantor or any Affiliate of such competitor, (iii) to the Lender’s employees, directors, agents, attorneys, accountants, auditors and other professional advisors or those of any of its Affiliates or Subsidiaries with a need to know in connection with the Loan Documents (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such information and instructed to keep such information confidential), (iv) upon the request or demand of any regulatory authority purporting Governmental Authority after providing notice to have jurisdiction over the Guarantor of any such Person request provided that the giving of such notice is not prohibited by such Governmental Authority or any of its Affiliates Applicable Law, (including any self-regulatory authority, such as the National Association of Insurance Commissionersv) (in which case the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, except with respect response to any audit or examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrower, in advance, to the extent practicable and lawfully permitted to do so), (c) to the extent required by Applicable Laws pursuant to a subpoena or an order of any court or administrative agency other Governmental Authority or as may otherwise be required pursuant to any requirement of law, in any pending legal or administrative proceeding or process (in which case, the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, each case after providing notice to the extent permitted Guarantor of such request, provided that the giving of such notice is not prohibited by such court or other Governmental Authority or Applicable Law, inform (vi) if requested or required to do so in connection with any litigation or similar proceeding after providing notice to the Guarantor of any such request provided that the giving of such notice is not prohibited by order of court or Applicable Law, (vii) that has been publicly disclosed by the Borrower promptly in advance thereof so or the Borrower may seek a protective order or take other appropriate action)Guarantor, (d) to any other party hereto, (eviii) in connection with the exercise of any remedies remedy under this AgreementGuaranty, under (ix) upon request, to bank examiners (or any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreementregulatory authority having jurisdiction over the Lender), or any action or proceeding relating (x) if the disclosure of such information has been authorized by the Guarantor in a separate writing. The parties agree that none of the information required to be kept confidential pursuant to this Agreement, any other Loan Document subsection relates to the tax treatment or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement tax structure of rights hereunder or thereunder, (f) subject to an agreement containing provisions substantially the same this transaction as those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights and obligations under this Agreement, (ii) any actual or prospective party (or its Related Parties) to any swap, derivative or other transaction under which payments terms are to be made by reference to the Borrower and its obligations, this Agreement or payments hereunder, (iii) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fund, (g) on a confidential basis to (i) any Rating Agency solely to the extent required in connection with rating the Borrower or its Restricted Subsidiaries or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility, (h) with the prior written consent of the Borrower, (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (j) to the extent such Information (i) becomes publicly available other than as a result of a breach of this Section or (ii) becomes available to the Administrative Agent, any Lender, any Issuing Lender or any of their respective Affiliates from a third party that is not, to such Person’s knowledge, subject to confidentiality obligations to the Borrower, (k) to the extent that such information is independently developed by the Administrative Agent, the applicable Lender or the applicable Issuing Lender or (l) defined for purposes of establishing a “due diligence” defense. For purposes of this Section, “Information” means all information received from any Credit Party or any Subsidiary thereof relating to any Credit Party or any Subsidiary thereof or any of their respective businesses, other than any such information that is available to the Administrative Agent, any Lender or any Issuing Lender prior to disclosure by any Credit Party or any Subsidiary thereof other than as a result of a breach of this Treasury Regulation Section 12.10. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at the time of delivery thereof, any information received from the Borrower or any Subsidiary after the date hereof shall be deemed confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10. Any failure by any of the Administrative Agent, the Issuing Lenders or the Lenders to give any such notice to the Borrower described in this Section 12.10 shall not result in any liability on the part of the Administrative Agent, the Issuing Lenders or the Lendersl.6011-4(c).

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders and the Issuing Lenders L/C Issuer agrees to maintain the confidentiality of of, and not disclose, the Information (as defined below), except that Information may be disclosed (a) to its Affiliates and to its Related Parties on a and its Affiliates’ respective partners, directors, officers, employees, agents, advisors and representatives who need to know basis such Information in connection with this Agreement (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed will be subject to keep customary confidentiality obligations of professional practice or agree to be bound by the terms of this Section (or language substantially similar to this Section) with the disclosing party responsible for such Information confidential on substantially the same terms as provided hereinperson’s compliance with this Section), (b) upon to the request or demand of extent requested by any regulatory authority purporting to have jurisdiction over such Person or any of its Affiliates it (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (), in which case the Administrative Agentdisclosing party agrees, to the applicable Lender extent permitted by law, rule or regulation and reasonably practicable, to inform the applicable Issuing Lender shallBorrower, except with respect to any customary audit or customary examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, in advance thereof, (c) to the extent required by applicable laws or regulations or by any subpoena or similar legal process; provided that the Person required to disclose such information shall take reasonable efforts (at the Borrower’s expense) to ensure that any Information so disclosed shall be afforded confidential treatment, to the extent permitted by law, rule or regulation and reasonably practicable, to inform the Borrower, except with respect to any customary audit or customary examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrower, in advance, to the extent practicable and lawfully permitted to do so), (c) to the extent required by Applicable Laws pursuant to a subpoena or an order of any court or administrative agency or in any pending legal or administrative proceeding or process (in which case, the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, to the extent permitted by Applicable Law, inform the Borrower promptly in advance thereof so the Borrower may seek a protective order or take other appropriate action)thereof, (d) to any other party hereto, (e) in connection with the exercise of any remedies under this Agreement, hereunder or under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, Agreement or any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, (f) subject to such Person agreeing to be subject to the provisions of this Section 10.07 or an agreement containing provisions substantially the same at least as restrictive as those of this SectionSection 10.07, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights and or obligations under this Agreement, Agreement or (ii) any actual or prospective party counterparty (or its Related Partiesadvisors) to any swap, swap or derivative or other transaction under which payments are to be made by reference to the Borrower and its obligations, this Agreement or payments hereunder, (iiig) with the consent of the Borrower, (h) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent any rating agency when required by it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fund, (g) on a confidential basis to (i) any Rating Agency solely to the extent required in connection with rating the Borrower or its Restricted Subsidiaries the credit facility provided hereunder, provided, that prior to any disclosure, such rating agency shall undertake in writing to preserve the confidentiality of any Information received by it from the Administrative Agent, the L/C Issuer or the Credit Facility or any Lender, (iii) on a confidential basis to the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility, (h) with the prior written consent of the Borrower, (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, Loans or (j) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section or (iiy) becomes available to the Administrative Agent, any Lender, any Issuing Lender the L/C Issuer or any of their respective Affiliates on a nonconfidential basis from a third party that source other than the Borrower who is not, to such Person’s knowledge, subject to confidentiality obligations to the Borrower, (k) to the extent that such information is independently developed by the Administrative Agent, the applicable Lender or the applicable Issuing Lender or (l) for purposes of establishing a “due diligence” defense. For purposes of this Section, “Information” means all information received from any Credit Party or any Subsidiary thereof relating to any Credit Party or any Subsidiary thereof or any of their respective businesses, other than any such information that is available to the Administrative Agent, any Lender or any Issuing Lender prior to disclosure by any Credit Party or any Subsidiary thereof other than as a result of a breach of this Section 12.10. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at the time of delivery thereof, any information received from the Borrower or any Subsidiary after the date hereof shall be deemed confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10. Any failure by any knowledge of the Administrative Agent, the Issuing Lenders L/C Issuer or the Lenders to give any such notice Lender, under an obligation of confidentiality to the Borrower described in this Section 12.10 shall not result in any liability on the part of the Administrative Agent, the Issuing Lenders or the Lenderswith respect to such Information.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders and the Issuing Lenders L/C Issuers agrees to maintain the confidentiality of of, and not disclose to any Person, the Information (as defined below), except that Information may be disclosed (a) to its Affiliates and to its Related Parties on a who need to know basis such Information in connection with the transactions contemplated hereby (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed are subject to keep such customary confidentiality obligations of professional practice or agree to treat the Information confidential on substantially the same terms as provided hereinconfidential), (b) upon to the request extent required or demand of requested by any regulatory authority purporting to have jurisdiction over such Person or any of its Affiliates Related Parties (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (), in which case the Administrative Agent, the applicable Lender or the applicable Issuing Lender shallsuch Person shall use commercially reasonable efforts to, except with respect to any audit or examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrower, in advanceBorrowers, to the extent practicable and lawfully permitted to do so), (c) to the extent required by Applicable Laws pursuant to a applicable laws or regulations or by any subpoena or an order of any court or administrative agency or in any pending similar legal or administrative proceeding or process (process, in which casecase such Person shall use commercially reasonable efforts to, except with respect to any audit or examination conducted by bank accountants or any governmental regulatory authority exercising examination or regulatory authority, promptly notify the Administrative Agent, the applicable Lender or the applicable Issuing Lender shallBorrowers, to the extent practicable and lawfully permitted by Applicable Law, inform the Borrower promptly in advance thereof so the Borrower may seek a protective order or take other appropriate action)to do so, (d) to any other party hereto, (e) in connection with the exercise of any remedies under this Agreement, hereunder or under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, Agreement or any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, (f) subject to an agreement containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights and obligations under this Agreement, Agreement or any Eligible Assignee invited to be a Lender pursuant to Section 2.13 or (ii) any actual or prospective party (or its Related Parties) to any swap, derivative or other transaction under which payments are to be made by reference to the Borrower Borrowers and its their obligations, this Agreement or payments hereunder, (iii) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fund, (g) on a confidential basis to (i) any Rating Agency solely to the extent required in connection with rating the Borrower or its Restricted Subsidiaries or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring of CUSIP numbers of other market identifiers with respect to the Credit Facilitycredit facilities provided hereunder, (h) with the prior written consent of the Borrower, Borrowers or (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (j) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section or (ii) becomes available to the Administrative Agent, any Lender, any Issuing Lender L/C Issuer or any of their respective Affiliates on a nonconfidential basis from a third party source other than the Borrowers that is not, to such Person’s knowledge, subject to in breach of contractual or fiduciary confidentiality obligations owing to the Borrower, (k) to the extent that such information is independently developed by the Administrative Agent, the applicable Lender Company or the applicable Issuing Lender or (l) for purposes any of establishing a “due diligence” defenseits Subsidiaries. For purposes of this Section, “Information” means shall mean all information received from any Credit Party the Company or any Subsidiary thereof relating to any Credit Party the Company or any Subsidiary thereof or any of their respective businesses, other than any such information that is available to the Administrative Agent, any Lender or any Issuing Lender L/C Issuer on a nonconfidential basis prior to disclosure by any Credit Party the Company or any Subsidiary thereof other than as a result of a breach of this Section 12.10Subsidiary. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at the time of delivery thereof, any information received from the Borrower or any Subsidiary after the date hereof shall be deemed confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10. Any failure by any Each of the Administrative Agent, the Issuing Lenders and the L/C Issuers acknowledges that (a) the Information may include material non-public information concerning the Company or a Subsidiary, as the Lenders to give any case may be, (b) it has developed compliance procedures regarding the use of material non-public information and (c) it will handle such notice to the Borrower described material non-public information in this Section 12.10 shall not result in any liability on the part of the Administrative Agentaccordance with applicable Law, the Issuing Lenders or the Lendersincluding United States Federal and state securities Laws.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders Agent and the Issuing Lenders agrees to maintain the confidentiality of the Information (as defined below), except that the Information may be disclosed (a) to its Affiliates and to its Related Parties and its Affiliates’ respective directors, officers, employees, agents, advisors, insurers, insurance brokers, settlement service providers and other representatives on a “need to know basis basis” (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential on substantially confidential) solely in connection with the same terms transactions contemplated or permitted hereby; provided that the Administrative Agent or the Lenders, as provided herein)the case may be, shall be responsible for their respective Affiliates’ compliance with this clause, (b) upon to the request or demand of extent requested by any regulatory authority purporting to have having jurisdiction over such Person or any of its Affiliates (including any self-regulatory authority, such as the National Association of Insurance CommissionersCommissioners or any similar organization) (or any nationally recognized rating agency that requires access to information about a Lender’s investment portfolio in which case the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, except connection with ratings issued with respect to such Lender (provided that, prior to any audit or examination conducted by bank accountants or such disclosure, such rating agency shall undertake in writing to preserve the confidentiality of any governmental bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrower, in advance, confidential Information relating to the extent practicable and lawfully permitted to do soLoan Parties), (c) to the extent required by Applicable Laws pursuant to a or regulations or by any subpoena or an order similar legal process; provided that, unless specifically prohibited by Applicable Law or court order, each Lender and the Administrative Agent shall promptly notify the Borrower in advance of any court or administrative agency or in any pending legal or administrative proceeding or process (in which case, the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, to the extent permitted by Applicable Law, inform the Borrower promptly in advance thereof so the Borrower may seek a protective order or take other appropriate action)such disclosure, (d) to any other party hereto, (e) in connection with the exercise of any remedies under this Agreement, hereunder or under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, Agreement or any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, (f) subject to an agreement containing provisions substantially the same as not less restrictive than those of this SectionSection 10.23, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights and or obligations under this AgreementAgreement (provided that, for the avoidance of doubt, to the extent that the list of Prohibited Lenders is made available to all Lenders, the “Information” for purposes of this clause (f)(i) shall include the list of Prohibited Lenders) or (ii) any actual or prospective party counterparty (or its Related Partiesadvisors) to any swap, derivative or other transaction under which payments are to be made by reference Hedge Agreement relating to the Borrower and its obligations, this Agreement or payments hereunder, (iii) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fund, (g) on a confidential basis with the consent of the Borrower, (h) (x) to (i) any Rating Agency solely to the extent required rating agency in connection with rating the Borrower or its Restricted Subsidiaries or the Credit Facility facilities evidenced by this Agreement or (iiy) the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility, (h) with the prior written consent of the Borrowerfacilities evidenced by this Agreement, (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (j) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section 10.23 or (iiy) becomes available to the Administrative Agent, any Lender, any Issuing Lender or any of their respective Affiliates on a nonconfidential basis from a third party that is not, to such Person’s knowledge, subject to confidentiality obligations to source other than the Borrower, (j) for purposes of establishing a “due diligence” defense, (k) to the extent that such information is independently developed developed, so long as not based on information obtained in a manner that would otherwise violate this Section 10.23. In addition, the Agents and the Lenders may disclose the existence of this Agreement and customary information about this Agreement to market data collectors, similar service providers to the lending industry, and service providers to the Agents and the Lenders in connection with the administration and management of this Agreement, the other Loan Documents, the Commitments, and the Credit Extensions; provided that such Person is advised of and agrees to be bound by the Administrative Agent, the applicable Lender or the applicable Issuing Lender or (l) for purposes provisions of establishing a “due diligence” defensethis Section 10.23. For purposes of this SectionSection 10.23, “Information” means all information received from any Credit Party by the Administrative Agent or any Subsidiary thereof Lender, as the case may be, from the Borrower or any of its Subsidiaries relating to any Credit Party the Borrower or any Subsidiary thereof of its Subsidiaries or any of their respective businessesbusinesses (including any target company and its Subsidiaries in connection with contemplated or consummated Acquisition or other investment), other than any such information that is available to the Administrative Agent, Agent or any Lender or any Issuing Lender on a nonconfidential basis prior to disclosure by any Credit Party or any Subsidiary thereof other than as a result of a breach of this Section 12.10. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at the time of delivery thereof, any information received from the Borrower or any Subsidiary after the date hereof shall be deemed confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10its Subsidiaries. Any failure by any Person required to maintain the confidentiality of the Administrative Agent, the Issuing Lenders or the Lenders to give any such notice to the Borrower described Information as provided in this Section 12.10 10.23 shall not result in any liability on be considered to have complied with its obligation to do so if such Person has exercised the part same degree of care to maintain the confidentiality of such Information as such Person would accord to its own confidential information. Notwithstanding the foregoing, the Administrative Agent, Agent and the Issuing Lenders or the Lendersagree not to disclose any Information to a Prohibited Lender.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders Agents and the Issuing Lenders agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its attorneys, professional advisors, independent auditors and Affiliates and to its Related Parties on a need to know basis and its Affiliates’ respective partners, directors, officers, employees, agents, advisors, sub-advisors, lenders, and representatives (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed shall agree to keep such Information confidential on substantially the same terms as provided hereinprior to any such disclosure), (b) upon to the request or demand of extent requested by any regulatory authority purporting to have jurisdiction over such Person or any of its Affiliates it (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (or pursuant to legal process, in which case the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, except with respect to any audit or examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, promptly it shall notify the Borrower, in advance, to Borrower of the extent practicable and lawfully permitted to do so)disclosure thereof unless such notification is prohibited by law, (c) to the extent required by Applicable applicable Laws pursuant to a or regulations or by any subpoena or an order of any court or administrative agency or in any pending similar legal or administrative proceeding or process (process, in which case, the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, to the extent permitted by Applicable Law, inform case it shall notify the Borrower promptly in advance of the disclosure thereof so the Borrower may seek a protective order or take other appropriate action)unless such notification is prohibited by law, (d) to any other party hereto, (e) in connection with the exercise of any remedies under this Agreement, hereunder or under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, Agreement or any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, (f) subject to an agreement containing provisions substantially the same as those of this SectionSection 10.07, to (i) any assignee of or Participant inof, or any prospective assignee of or Participant inof, any of its rights and or obligations under this Agreement, (iig) any actual or prospective party with the prior written consent of the Borrower, (or its Related Partiesh) to the extent such Information (x) becomes publicly available other than as a result of a breach of this Section 10.07 or (y) becomes available to any swapAgent, derivative any Lender or any of their respective Affiliates on a nonconfidential basis from a source other transaction under which payments are to be made by reference to the Borrower and its obligations, this Agreement or payments hereunderthan a Loan Party, (iiii) consisting of general portfolio information that does not identify any Loan Party or (j)(A) to an investor or prospective investor in securities issued by an Approved Fund of any Lender that also agrees that Information shall be kept confidential and used solely for the purpose of evaluating an investment in such securities issued by an Approved FundFund of any Lender, (ivB) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in securities issued by an Approved Fund of any Lender in connection with the administration, servicing and reporting on the assets serving as collateral for an securities issued by such Approved Fund Fund, or (vC) to a Rating Agency solely to the extent it nationally recognized rating agency that requires access to information regarding the Borrower and its Restricted SubsidiariesLoan Parties, the Loans and the Loan Documents in connection with ratings issued with in respect to of securities issued by an Approved Fund, (g) on a confidential basis to (i) any Rating Agency solely to the extent required in connection with rating the Borrower or its Restricted Subsidiaries or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring Fund of CUSIP numbers with respect to the Credit Facility, (h) with the prior written consent of the Borrower, (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (j) to the extent such Information (i) becomes publicly available other than as a result of a breach of this Section or (ii) becomes available to the Administrative Agent, any Lender, any Issuing Lender or any of their respective Affiliates from a third party that is not, to such Person’s knowledge, subject to confidentiality obligations to the Borrower, (k) to the extent that such information is independently developed by the Administrative Agent, the applicable Lender or the applicable Issuing Lender or (l) for purposes of establishing a “due diligence” defense. For purposes of this Section, “Information” means all information received from any Credit Party or any Subsidiary thereof relating to any Credit Party or any Subsidiary thereof or any of their respective businesses, other than any such information that is available to the Administrative Agent, any Lender or any Issuing Lender prior to disclosure by any Credit Party or any Subsidiary thereof other than as a result of a breach of this Section 12.10. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at the time of delivery thereof, any information received from the Borrower or any Subsidiary after the date hereof shall be deemed confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10. Any failure by any of the Administrative Agent, the Issuing Lenders or the Lenders to give any such notice to the Borrower described in this Section 12.10 shall not result in any liability on the part of the Administrative Agent, the Issuing Lenders or the Lenders.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders Agent and the Issuing Lenders agrees each Lexxxx xgrees to maintain the confidentiality of the Information (as defined below)) and exercise the same degree of care that it exercises to maintain the confidentiality of its own proprietary information, but in any event not less than reasonable care, except that Information may be disclosed (a) to its Affiliates and to its Related Parties on a need to know basis (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential on substantially confidential); provided that, in no event will the same terms disclosure of Information to such Affiliates or Related Parties facilitate any activity that competes directly with the business activities of any Borrower or the Investment Adviser as provided herein), such business activities have been disclosed to Administrative Agent as of the Closing Date; (b) upon to the request extent required or demand of requested by any regulatory authority purporting to have jurisdiction over such Person or any of its Affiliates Related Parties (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (in which case the Administrative AgentAgent or such Lexxxx, as the applicable Lender or case may be, agrees to inform the applicable Issuing Lender shall, except with respect Initial Borrower promptly thereof and provide an opportunity to any audit or examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrowercontest such disclosure, in advance, each case to the extent practicable and lawfully permitted to do sonot prohibited by applicable law), ; (c) to the extent required by Applicable Laws pursuant to a applicable laws or regulations or by any subpoena or an order of any court or administrative agency or in any pending similar legal or administrative proceeding or process (in which case, case the Administrative AgentAgent or such Lender, as the applicable Lender or case may be, agrees to inform the applicable Issuing Lender shallInitial Borrower promptly thereof and provide an opportunity to contest such disclosure, in each case to the extent permitted not prohibited by Applicable Law, inform the Borrower promptly in advance thereof so the Borrower may seek a protective order or take other appropriate actionapplicable law), ; (d) to any other party hereto, Lender; (e) in connection with the exercise of any remedies under this Agreement, hereunder or under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, Credit Agreement or any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, ; (f) subject to an agreement containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, but not including a Competitor, any of its rights and obligations under this Credit Agreement, or (ii) any actual or prospective party (or its Related Parties) ), but not including a Competitor, to any swap, derivative or other transaction under which payments are to be made by reference to the Borrower Borrowers and its their obligations, this Credit Agreement or payments hereunder, (iii) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fund, ; (g) on a confidential basis to (i) any Rating Agency solely to the extent required rating agency in connection with rating the Borrower or its Restricted Subsidiaries Borrowers or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility, ; (h) with the prior written consent of the Borrower, Borrowers; or (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (j) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section or (ii) becomes available to the by Administrative Agent, any Lender, any Issuing Lender or any of their respective Affiliates from a third party that is notor Related Parties, to such Person’s knowledge, subject to confidentiality obligations to the Borrower, (k) to the extent that such information is independently developed by the Administrative Agent, the applicable Lender or the applicable Issuing Lender or (ly) for purposes of establishing a “due diligence” defense. For purposes of this Section, “Information” means all information received from any Credit Party or any Subsidiary thereof relating to any Credit Party or any Subsidiary thereof or any of their respective businesses, other than any such information that is becomes available to the Administrative Agent, any Lender or any Issuing Lender prior to disclosure by any Credit Party or any Subsidiary thereof of their respective Affiliates on a non-confidential basis from a source other than the Borrowers if Administrative Agent, such Lender or such Affiliate (as a result of a breach of this Section 12.10applicable) does not know that such source is prohibited from disclosing such Information. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at the time of delivery thereofIn addition, any information received from the Borrower or any Subsidiary after the date hereof shall be deemed confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10. Any failure by any of the Administrative Agent, the Issuing Lenders Lenders, and any of their respective Related Parties, may (A) disclose the existence of this Credit Agreement and information about this Credit Agreement to market data collectors, similar service providers to the lending industry and service providers to Administrative Agent or the Lenders in connection with the administration of this Credit Agreement, the other Loan Documents, and the Commitments; and (B) use any information (not constituting Information subject to give the foregoing confidentiality restrictions) related to the syndication and arrangement of the credit facilities contemplated by this Credit Agreement in connection with marketing, press releases, or other transactional announcements or updates provided to investor or trade publications, including the placement of “tombstone” advertisements in publications of its choice at its own expense. Notwithstanding anything herein to the contrary, any party to this Credit Agreement (and any employee, representative, or other agent of any party to this Credit Agreement) may disclose to any and all persons, without limitation of any kind, the tax treatment and tax structure of the transactions contemplated by this Credit Agreement and all materials of any kind (including opinions or other tax analyses) that are provided to it relating to such tax treatment and tax structure. However, any such notice information relating to the Borrower described in this Section 12.10 shall not result in tax treatment or tax structure is required to be kept confidential to the extent necessary to comply with any liability on the part of the Administrative Agentapplicable federal or state securities laws, the Issuing Lenders or the Lendersrules, and regulations.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders and the Issuing Lenders L/C Issuers agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates and to its Related Parties on a need to know basis (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential on substantially confidential, and the same terms Administrative Agent, the applicable Lender or the applicable L/C Issuer, as provided hereinthe case may be, shall be responsible for compliance by such Persons with such obligations), (b) upon to the request or demand of extent requested by any regulatory authority purporting to have jurisdiction over such Person or any of its Affiliates it (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (in which case the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, except with respect to any audit or examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrower, in advance, to the extent practicable and lawfully permitted to do so), (c) to the extent required by Applicable Laws applicable laws or regulations or by any subpoena or similar legal process; provided that the Person that discloses any Information pursuant to a subpoena or an order of any court or administrative agency or in any pending legal or administrative proceeding or process this clause (in which case, the Administrative Agent, the applicable Lender or the applicable Issuing Lender c) shall, to the extent if permitted by Applicable Lawapplicable Law or legal process, inform notify the Borrower promptly in advance thereof so of such disclosure or shall provide the Borrower may seek a protective order or take other appropriate action)with prompt written notice of such disclosure, (d) to any other party hereto, (e) in connection with the exercise of any remedies under this Agreement, hereunder or under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, Agreement or any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, (f) subject to an agreement containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights and or obligations under this Agreement, Agreement or (ii) any actual or prospective party counterparty (or its Related Partiesadvisors) to any swap, swap or derivative or other transaction under which payments are to be made by reference relating to the Borrower and its obligations, this Agreement or payments hereunder, (iii) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fund, (g) on a confidential basis to (i) any Rating Agency solely to the extent required in connection with rating the Borrower or its Restricted Subsidiaries or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility, (h) with the prior written consent of the Borrower, Borrower or (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (jh) to the extent such Information (i) becomes publicly available other than as a result of a breach of this Section or (ii) becomes available to the Administrative Agent, any Lender, any Issuing Lender L/C Issuer or any of their respective Affiliates on a nonconfidential basis from a third party that is notsource other than the Borrower. In addition, the Administrative Agent and the Lenders may disclose the existence of this Agreement and information about this Agreement to such Person’s knowledgemarket data collectors, subject to confidentiality obligations similar service providers to the Borrower, (k) lending industry and service providers to the extent that such information is independently developed by the Administrative Agent, the applicable Lender or the applicable Issuing Lender or (l) for purposes of establishing a “due diligence” defense. For purposes of this Section, “Information” means all information received from any Credit Party or any Subsidiary thereof relating to any Credit Party or any Subsidiary thereof Agent or any of their respective businesses, other than any such information that is available to the Administrative Agent, any Lender Lenders in connection with the administration or any Issuing Lender prior to disclosure by any Credit Party or any Subsidiary thereof other than as a result of a breach servicing of this Section 12.10. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at the time of delivery thereof, any information received from the Borrower or any Subsidiary after the date hereof shall be deemed confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10. Any failure by any of the Administrative AgentAgreement, the Issuing Lenders or other Loan Documents and the Lenders to give any such notice to the Borrower described in this Section 12.10 shall not result in any liability on the part of the Administrative Agent, the Issuing Lenders or the LendersCommitments.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders and the Issuing Lenders The P1 Intercreditor Agent agrees to maintain the confidentiality of the Information (as defined below)Information, except that Information may be disclosed (a) to its Affiliates (including branches) and to its Related Parties on a need to know basis and its Affiliates’ respective directors, officers, employees, agents, advisors, auditors, service providers and representatives (it being understood provided, that the Persons to whom such disclosure is made will be informed prior to disclosure of the confidential nature of such Information and instructed to keep such Information confidential on substantially the same terms as provided hereinconfidential), (b) upon to the request extent requested or demand of required by any regulatory authority purporting to have jurisdiction over such Person or any of its Affiliates (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (in which case the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, except with respect to any audit or examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrower, in advance, to the extent practicable and lawfully permitted to do so)it, (c) to the extent required by Applicable Laws pursuant to a applicable Government Rule or regulations or by any subpoena or an order of any court or administrative agency or in any pending similar legal or administrative proceeding or process (in which case, case the Administrative Agent, the applicable Lender or the applicable Issuing Lender shallP1 Intercreditor Agent agrees, to the extent permitted by Applicable Lawpracticable, inform to use reasonable efforts to notify the Borrower promptly in advance thereof so the Borrower may seek a protective order or take other appropriate actionprior to disclosure), (d) to any other party heretoto this Agreement, (e) in connection with the exercise of any remedies under this Agreementhereunder, under any other Loan Document Senior Secured Debt Instrument, or under any Secured Hedge Agreement or Secured Cash Management Agreement, P1 Collateral Document or any suit, action or proceeding relating to this Agreement, any other Loan Document hereto or any Secured Hedge Agreement or Secured Cash Management Agreement, thereto or the enforcement of rights hereunder or thereunderthereunder (including any actual or prospective purchaser of Collateral), (f) subject to an agreement containing provisions substantially Persons permitted under the same as those terms of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights and obligations under this Agreement, (ii) any actual or prospective party (or its Related Parties) to any swap, derivative or other transaction under which payments are to be made by reference to the Borrower and its obligations, this Agreement or payments hereunder, (iii) to an investor or prospective investor Senior Secured Debt Instruments in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection accordance with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fundterms thereof, (g) on a confidential basis to (i) any Rating Agency solely to with the extent required in connection with rating consent of the Borrower (not to be unreasonably withheld, conditioned or its Restricted Subsidiaries or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facilitydelayed), (h) with to any state, federal or foreign authority or examiner (including the prior written consent National Association of Insurance Commissioners or any other similar organization) regulating the BorrowerP1 Intercreditor Agent or any of its Affiliates, (i) to Gold Sheets and other similar bank trade publicationsany rating agency when required by it (it being understood that prior to any such disclosure, such information rating agency shall undertake to consist preserve the confidentiality of deal terms and other information customarily found in such publicationsany Information relating to the Borrower received by it from the P1 Intercreditor Agent), or (j) to any party providing (and any brokers arranging) any insurance or reinsurance or other direct or indirect credit protection (including credit default swaps) with respect to its Senior Secured Debt. For the extent such Information (i) becomes publicly available other than as a result of a breach purposes of this Section or (ii) becomes available to the Administrative Agent, any Lender, any Issuing Lender or any of their respective Affiliates from a third party that is not, to such Person’s knowledge, subject to confidentiality obligations to the Borrower, (k) to the extent that such information is independently developed by the Administrative Agent, the applicable Lender or the applicable Issuing Lender or (l) for purposes of establishing a “due diligence” defense. For purposes of this Section8.16, “Information” means all information received from any Credit Party or any Subsidiary thereof relating to any Credit Party or any Subsidiary thereof or any of their respective businesses, other than any such information that is available to the Administrative Agent, any Lender or any Issuing Lender prior to disclosure by any Credit Party or any Subsidiary thereof other than as a result of a breach of this Section 12.10. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at the time of delivery thereof, any information received from the Borrower or any Subsidiary after the date hereof shall be deemed confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10. Any failure by any of the Administrative Agent, the Issuing Lenders or the Lenders to give any such notice to the Borrower described in this Section 12.10 shall not result in any liability on the part of the Administrative Agent, the Issuing Lenders or the Lenders.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders and the Issuing Lenders Lender agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates and to its and its Related Parties on a need to need-to-know basis (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential on substantially the same terms as provided hereinconfidential), (b) upon to the request extent required or demand of requested by, or required to be disclosed to, any regulatory or similar authority purporting to have jurisdiction over such Person or any of its Affiliates Related Parties (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (in which case the Administrative Agent, the applicable Lender or the applicable Issuing Lender shallLender, as applicable, shall use commercially reasonable efforts to, except with respect to any audit or examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrower, in advance, to the extent practicable and lawfully permitted to do soby Applicable Law), (c) as to the extent required by Applicable Laws pursuant to a subpoena or an order of any court or administrative agency regulations or in any pending legal legal, judicial, administrative or administrative other compulsory proceeding or process (in which case, case the Administrative Agent, the applicable Lender or the applicable Issuing Lender shallLender, as applicable, shall use commercially reasonable efforts to promptly notify the Borrower, in advance, to the extent permitted by Applicable Law, inform the Borrower promptly in advance thereof so the Borrower may seek a protective order or take other appropriate action), (d) to any other party hereto, (e) in connection with the exercise of any remedies under this Agreement, under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, (f) subject to an agreement containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights and obligations under this Agreement, Agreement or (ii) any actual or prospective party (or its Related Parties) to any swap, derivative or other transaction under which payments are to be made by reference to the Borrower and its obligations, this Agreement or payments hereunder, (iii) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fund, (g) on a confidential basis to (i) any Rating Agency solely to the extent required rating agency in connection with rating the Borrower or its Restricted Subsidiaries or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility, (h) with the prior written consent of the Borrower, (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (j) to the extent such Information (i) becomes publicly available other than as a result of a breach of this Section or (ii) becomes available to the Administrative Agent, any Lender, any the Issuing Lender or any of their respective Affiliates from a third party that is not, to such Person’s knowledge, subject to confidentiality obligations to the Borrower, (k) to governmental regulatory authorities in connection with any regulatory examination of the Administrative Agent or any Lender or in accordance with the Administrative Agent’s or any Lender’s regulatory compliance policy if the Administrative Agent or such Lender deems necessary for the mitigation of claims by those authorities against the Administrative Agent or such Lender or any of its subsidiaries or affiliates (in which case the Administrative Agent, the Lender or the Issuing Lender, as applicable, shall use commercially reasonable efforts to, except with respect to any audit or examination conducted by any governmental regulatory authority exercising examination or regulatory authority, promptly notify the Borrower, in advance, to the extent permitted by Applicable Law), (l) to the extent that such information is independently developed by the Administrative Agent, the applicable a Lender or the applicable Issuing Lender Lender, so long as such Person has not otherwise breached its confidentiality obligations hereunder and has not developed such information based on information received from a third party that to its knowledge has breached confidentiality obligations owing to the Borrower, its Subsidiaries or their Affiliates, or (lm) for purposes of establishing a “due diligence” defense. For purposes of this Section, “Information” means all information received from any Credit Party or any Subsidiary thereof relating to any Credit Party or any Subsidiary thereof or any of their respective businesses, other than any such information that is available to the Administrative Agent, any Lender or any Issuing Lender prior to disclosure by any Credit Party or any Subsidiary thereof other than as a result of a breach of this Section 12.10. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at the time of delivery thereof, any information received from the Borrower or any Subsidiary after the date hereof shall be deemed confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10. Any failure by any of the Administrative Agent, the Issuing Lenders or the Lenders to give any such notice to the Borrower described in this Section 12.10 shall not result in any liability on the part of the Administrative Agent, the Issuing Lenders or the Lenders.108 59442126_10

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders Agent and the Issuing Lenders agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates Affiliates, its auditors and to its Related Parties on a need to know basis (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential on substantially and the same terms as provided hereinAdministrative Agent or such Lender will be responsible for any the non-compliance with this Section 10.07 of such a Person which it controls), (b) upon to the request extent required or demand of requested by any regulatory authority purporting to have jurisdiction over such Person or any of its Affiliates Related Parties (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (in which case the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, except with respect to any audit or examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrower, in advanceand such Person agrees, to the extent not prohibited by applicable law, to inform the Borrower promptly thereof prior to disclosure or, if not practicable prior to disclosure and lawfully permitted not prohibited by law, to do so)inform the Borrower promptly after disclosure, (c) to the extent required by Applicable Laws pursuant to a or regulations or by any subpoena or an order of any court or administrative agency or in any pending similar legal or administrative proceeding or process (in which case, the Administrative Agent, the applicable Lender or the applicable Issuing Lender shalland such Person agrees, to the extent permitted not prohibited by Applicable Lawapplicable law, to inform the Borrower promptly in advance thereof so the Borrower may seek a protective order or take other appropriate action)prior to disclosure or, if not practicable prior to disclosure and not prohibited by law, promptly after disclosure, (d) to any other party hereto, (e) in connection with the exercise of any remedies under this Agreement, hereunder or under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, Agreement or any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, (f) subject to an agreement containing provisions substantially the same as those of this SectionSection 10.07, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights and obligations under this Agreement, Agreement or (ii) any actual or prospective party (or its Related Parties) to any swap, derivative or other transaction under which payments are to be made by reference to the Borrower and its obligations, this Agreement or payments hereunder, (iii) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fund, (g) on a confidential basis to (i) any Rating Agency solely to the extent required rating agency in connection with rating the Borrower or its Restricted Subsidiaries or the Credit Facility credit facilities provided hereunder or (ii) the CUSIP Service Bureau or any similar agency solely in connection with the issuance application, issuance, publishing and monitoring of CUSIP numbers or other market identifiers with respect to the Credit Facilitycredit facilities provided hereunder, (h) with the prior written consent of the Borrower, Borrower or (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (j) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section or 10.07, (iiy) becomes available to the Administrative Agent, any Lender, any Issuing Lender or any of their respective Affiliates from a third party that is not, to such Person’s knowledge, subject to confidentiality obligations to the Borrower, (k) to the extent that such information is independently developed by the Administrative Agent, the applicable Lender or the applicable Issuing Lender or (l) for purposes of establishing a “due diligence” defense. For purposes of this Section, “Information” means all information received from any Credit Party or any Subsidiary thereof relating to any Credit Party or any Subsidiary thereof or any of their respective businesses, other than any such information that is available to the Administrative Agent, any Lender or any Issuing Lender prior to disclosure by any Credit Party or any Subsidiary thereof of their respective Affiliates on a nonconfidential basis from a source other than as a result of a breach of this Section 12.10. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at the time of delivery thereof, or (z) is independently discovered or developed by a party hereto without utilizing any information Information received from the Borrower or any Subsidiary after violating the date hereof shall be deemed confidential unless such information shall already be publicly available other than as a result of a breach terms of this Section 12.1010.07. Any failure by any of In addition, the Administrative Agent, the Issuing Lenders or Agent and the Lenders may disclose the existence of this Agreement and information about this Agreement to give any such notice to the Borrower described in this Section 12.10 shall not result in any liability on the part of the Administrative Agent, the Issuing Lenders or the Lenders.market data

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders and the Issuing Lenders L/C Issuers agrees to maintain the confidentiality of the Information (as defined below), except that the Information may be disclosed (a) to its Affiliates and to its Related Parties and its Affiliates’ respective directors, officers, employees, agents, advisors, insurers, insurance brokers, settlement service providers and other representatives on a “need to know basis basis” (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential on substantially confidential) solely in connection with the same terms transactions contemplated or permitted hereby; provided that the Administrative Agent, the Lenders or the L/C Issuers, as provided herein)the case may be, shall be responsible for their respective Affiliates’ compliance with this clause, (b) upon to the request or demand of extent requested by any regulatory authority purporting to have having jurisdiction over such Person or any of its Affiliates (including any self-regulatory authority, such as the National Association of Insurance CommissionersCommissioners or any similar organization) (or any nationally recognized rating agency that requires access to information about a Lender’s investment portfolio in which case the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, except connection with ratings issued with respect to such Lender (provided that, prior to any audit or examination conducted by bank accountants or such disclosure, such rating agency shall undertake in writing to preserve the confidentiality of any governmental bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrower, in advance, confidential Information relating to the extent practicable and lawfully permitted to do soLoan Parties), (c) to the extent required by Applicable Laws pursuant to a or regulations or by any subpoena or an order similar legal process; provided that, unless specifically prohibited by Applicable Law or court order, each Lender and the Administrative Agent shall promptly notify the Lead Borrower in advance of any court or administrative agency or in any pending legal or administrative proceeding or process (in which case, the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, to the extent permitted by Applicable Law, inform the Borrower promptly in advance thereof so the Borrower may seek a protective order or take other appropriate action)such disclosure, (d) to any other party hereto, (e) in connection with the exercise of any remedies under this Agreement, hereunder or under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, Agreement or any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, (f) subject to an agreement containing provisions substantially the same as not less restrictive than those of this SectionSection 10.23, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights and or obligations under this AgreementAgreement (provided that, for the avoidance of doubt, to the extent that the list of Prohibited Lenders is made available to all Lenders, the “Information” for purposes of this clause (f)(i) shall include the list of Prohibited Lenders) or (ii) any actual or prospective party counterparty (or its Related Partiesadvisors) to any swap, derivative or other transaction under which payments are to be made by reference Hedge Agreement relating to the Lead Borrower and its obligations, this Agreement or payments hereunder, (iii) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fund, (g) on a confidential basis with the consent of the Lead Borrower, (h) (x) to (i) any Rating Agency solely to the extent required rating agency in connection with rating the Lead Borrower or its Restricted Subsidiaries or the Credit Facility facilities evidenced by this Agreement or (iiy) the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility, (h) with the prior written consent of the Borrowerfacilities evidenced by this Agreement, (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (j) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section 10.23 or (iiy) becomes available to the Administrative Agent, any Lender, any Issuing Lender or any of their respective Affiliates on a nonconfidential basis from a third party that is notsource other than the Lead Borrower, to such Person’s knowledge, subject to confidentiality obligations to the Borrower(j) for purposes of establishing a “due diligence” defense, (k) to the extent that such information is independently developed developed, so long as not based on information obtained in a manner that would otherwise violate this Section 10.23. In addition, the Agents and the Lenders may disclose the existence of this Agreement and customary information about this Agreement to market data collectors, similar service providers to the lending industry, and service providers to the Agents and the Lenders in connection with the administration and management of this Agreement, the other Loan Documents, the Commitments, and the Credit Extensions; provided that such Person is advised of and agrees to be bound by the Administrative Agent, the applicable Lender or the applicable Issuing Lender or (l) for purposes provisions of establishing a “due diligence” defensethis Section 10.23. For purposes of this SectionSection 10.23, “Information” means all information received from by the Administrative Agent, any Credit Party Lender or any Subsidiary thereof L/C Issuer, as the case may be, from the Lead Borrower or any of its Subsidiaries relating to any Credit Party the Lead Borrower or any Subsidiary thereof of its Subsidiaries or any of their respective businessesbusinesses (including any target company and its Subsidiaries in connection with contemplated or consummated Acquisition or other investment), other than any such information that is available to the Administrative Agent, Agent or any Lender or any Issuing Lender on a nonconfidential basis prior to disclosure by any Credit Party or any Subsidiary thereof other than as a result of a breach of this Section 12.10. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at the time of delivery thereof, any information received from the Lead Borrower or any Subsidiary after the date hereof shall be deemed confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10its Subsidiaries. Any failure by any Person required to maintain the confidentiality of the Administrative Agent, the Issuing Lenders or the Lenders to give any such notice to the Borrower described Information as provided in this Section 12.10 10.23 shall not result in any liability on be considered to have complied with its obligation to do so if such Person has exercised the part same degree of care to maintain the confidentiality of such Information as such Person would accord to its own confidential information. Notwithstanding the foregoing, the Administrative Agent, Agent and the Issuing Lenders or the Lendersagree not to disclose any Information to a Prohibited Lender.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders Lender agrees to take and the Issuing Lenders agrees to cause its Affiliates to take normal and reasonable precautions and exercise due care to maintain the confidentiality of all information identified as “confidential” or “secret” by the Information (as defined below)Company and provided to it by the Company or any Subsidiary, except that Information may be disclosed (a) to its Affiliates or by the Administrative Agent on the Company’s or such Subsidiary’s behalf, under this Agreement or any other Loan Document, and to its Related Parties on a need to know basis (neither it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential on substantially the same terms as provided herein), (b) upon the request or demand of any regulatory authority purporting to have jurisdiction over such Person or nor any of its Affiliates shall use any such information other than in connection with or in enforcement of this Agreement and the other Loan Documents or in connection with other business now or hereafter existing or contemplated with the Company or any Subsidiary; except to the extent such information (including i) was or becomes generally available to the public other than as a result of disclosure by the Lender, or (ii) was or becomes available on a non-confidential basis from a source other than the Company, provided that such source is not bound by a confidentiality agreement with the Company known to the Lender; provided, however, that any self-regulatory Lender may disclose such information (A) at the request or pursuant to any requirement of any Governmental Authority to which the Lender is subject or in connection with an examination of such Lender by any such authority, such as ; (B) pursuant to subpoena or other court process; (C) when required to do so in accordance with the National Association provisions of Insurance Commissionersany applicable Requirement of Law; (D) (to the extent reasonably required in connection with any litigation or proceeding to which case the Administrative Agent, the applicable any Lender or the applicable Issuing Lender shall, except with respect to any audit or examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrower, in advance, to the extent practicable and lawfully permitted to do so), their respective Affiliates may be party; (cE) to the extent reasonably required by Applicable Laws pursuant to a subpoena or an order of any court or administrative agency or in any pending legal or administrative proceeding or process (in which case, the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, to the extent permitted by Applicable Law, inform the Borrower promptly in advance thereof so the Borrower may seek a protective order or take other appropriate action), (d) to any other party hereto, (e) in connection with the exercise of any remedies under this Agreement, remedy hereunder or under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating Document; (F) to this Agreement, any such Lender’s independent auditors and other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, professional advisors; (f) subject to an agreement containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights and obligations under this Agreement, (ii) any actual or prospective party (or its Related PartiesG) to any swapParticipant or Eligible Assignee, derivative actual or other transaction under which payments are potential, provided that such Person agrees in writing to be made by reference keep such information confidential to the Borrower and same extent required of the Lenders hereunder; (H) as to any Lender or its obligationsAffiliate, this Agreement as expressly permitted under the terms of any other document or payments hereunder, agreement regarding confidentiality to which the Company or any Subsidiary is party or is deemed party with such Lender or such Affiliate; (iiiI) to an investor or prospective investor in an Approved Fund that also its Affiliates, provided such Affiliate agrees that Information shall be used solely for the purpose of evaluating an investment in to use such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fund, (g) on a confidential basis to (i) any Rating Agency solely to the extent required in connection with rating the Borrower or its Restricted Subsidiaries or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency solely in connection with the issuance this Agreement and monitoring of CUSIP numbers with respect agrees in writing to the Credit Facility, keep such information confidential; and (hJ) to any actual or proposed counterparty (or its advisors) to any swap or derivative transaction relating to a Borrower and its obligations (with the prior written consent of the Borrower, (i) to Gold Sheets and other similar bank trade publicationsCompany, such consent not to be unreasonably withheld or delayed, if such counterparty is not a commercial bank), provided that such Person agrees in writing to keep such information to consist of deal terms and other information customarily found in such publications, (j) confidential to the same extent such Information (i) becomes publicly available other than as a result required of a breach of this Section or (ii) becomes available to the Administrative Agent, any Lender, any Issuing Lender or any of their respective Affiliates from a third party that is not, to such Person’s knowledge, subject to confidentiality obligations to the Borrower, (k) to the extent that such information is independently developed by the Administrative Agent, the applicable Lender or the applicable Issuing Lender or (l) for purposes of establishing a “due diligence” defense. For purposes of this Section, “Information” means all information received from any Credit Party or any Subsidiary thereof relating to any Credit Party or any Subsidiary thereof or any of their respective businesses, other than any such information that is available to the Administrative Agent, any Lender or any Issuing Lender prior to disclosure by any Credit Party or any Subsidiary thereof other than as a result of a breach of this Section 12.10. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at the time of delivery thereof, any information received from the Borrower or any Subsidiary after the date hereof shall be deemed confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10Lenders hereunder. Any failure by any Person required to maintain the confidentiality of the Administrative Agent, the Issuing Lenders or the Lenders to give any such notice to the Borrower described information as provided in this Section 12.10 shall not result in any liability on be considered to have complied with its obligation to do so if such Person has exercised the part same degree of care to maintain the Administrative Agent, the Issuing Lenders or the Lendersconfidentiality of such information as such Person would accord to its own confidential information.

Treatment of Certain Information; Confidentiality. Each of the Administrative AgentAgents, the Lenders and the Issuing Lenders each L/C Issuer agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates and to its Related Parties on a need to know basis and its Affiliates’ respective partners, directors, officers, employees, agents, advisors, managing members or managers, counsel, accountants and other representatives (collectively, “Representatives”) in connection with the transactions contemplated hereby (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential on substantially the same terms as provided hereinconfidential), (b) upon to the request extent requested by any Governmental Authority or demand of any regulatory authority purporting to have jurisdiction over such Person or any of its Affiliates (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (in which case case, the Administrative Agent, the applicable Agent or such Lender or the applicable Issuing Lender shallL/C Issuer, except with respect as applicable, shall use reasonable efforts to any audit or examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrower, in advance, Borrower prior to such disclosure to the extent practicable and lawfully legally permitted to do so), (c) to the extent required by Applicable applicable Laws pursuant to a or by any subpoena or an order of any court or administrative agency or in any pending similar legal or administrative proceeding or process (in which case, the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, to the extent permitted by Applicable Law, inform the Borrower promptly in advance thereof so the Borrower may seek a protective order or take other appropriate action)process, (d) to any other party hereto, (e) in connection with the exercise of any remedies under this Agreement, hereunder or under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, Agreement or any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, (f) to any state, federal or foreign authority or examiner regulating any Lender, (g) (i) any rating agency, and (ii) subject to an agreement containing provisions substantially the same as those of this SectionSection 10.07, to (ix) any assignee of or Participant in(other than any Disqualified Institution; provided, however, that, participations may be sold to Disqualified Institutions unless a list of Disqualified Institutions has been made available to all Lenders by or on behalf of the Borrower) in (or their Representatives, it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential), or any prospective assignee of or Participant inin (or their Representatives, it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential) any of its rights and or obligations under this Agreement, Agreement or (iiy) any actual or prospective party counterparty (or its Related PartiesRepresentatives, it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential) to any swap, swap or derivative or other transaction under which payments are to be made by reference relating to the Borrower and its obligations, this Agreement or payments hereunder, (iii) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fund, (g) on a confidential basis to (i) any Rating Agency solely to the extent required in connection with rating the Borrower or its Restricted Subsidiaries or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility, (h) with the prior written consent of the Borrower, Borrower or (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (j) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section and not in breach of any agreement binding on any Person (to the knowledge of such Person) or (iiy) becomes available to the Administrative Agent, any Lender, any Issuing Lender L/C Issuer or any of their respective Affiliates on a nonconfidential basis from a third party that is not, to such Person’s knowledge, subject to confidentiality obligations to source other than the Borrower, (k) to the extent that such information is independently developed by the Administrative Agent, the applicable Lender or the applicable Issuing Lender or (l) for purposes of establishing a “due diligence” defense. For purposes of this Section, “Information” means all information received from any Credit Party or on behalf of the Borrower or any Subsidiary thereof of its Subsidiaries relating to any Credit Party the Borrower or any Subsidiary thereof of its Subsidiaries or any of their respective businessesbusinesses or Affiliates, other than any such information that is available to the Administrative Agent, any Lender or any Issuing Lender L/C Issuer on a nonconfidential basis prior to disclosure by any Credit Party or any Subsidiary thereof other than as a result of a breach of this Section 12.10. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at the time of delivery thereof, any information received from the Borrower or any Subsidiary after the date hereof shall be deemed confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10its Subsidiaries. Any failure by any Person required to maintain the confidentiality of the Administrative Agent, the Issuing Lenders or the Lenders to give any such notice to the Borrower described Information as provided in this Section 12.10 shall not result in any liability on be considered to have complied with its obligation to do so if such Person has exercised the part same degree of care to maintain the Administrative Agent, the Issuing Lenders or the Lendersconfidentiality of such Information as such Person would accord to its own confidential information.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders and the Issuing Lenders L/C Issuers agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates Affiliates, its auditors and to its and its Affiliates’ respective Related Parties on a who need to know basis (it being understood that such information in connection with or relating to the Persons to whom such disclosure is made will be evaluation, administration, or enforcement of the Transactions and the Loan Documents and are informed of the confidential nature of such Information information and instructed are or have been advised of their obligation to keep such Information information of this type confidential on substantially (and the same terms as provided hereinAdministrative Agent, the Lenders and the L/C Issuers shall be responsible for their Related Parties’ compliance with this paragraph), (b) upon to the request extent required or demand of requested by any regulatory authority purporting to have jurisdiction over such Person or any of its Affiliates Related Parties (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (), in which case the Administrative Agent, the applicable such Lender or the applicable Issuing Lender shall, such L/C Issuer shall except with respect to any audit or examination conducted by bank accountants or any governmental bank governmental, regulatory, or self- regulatory authority exercising examination or regulatory authority, promptly notify the Borrower, in advance, to the extent practicable and lawfully permitted to do so)by Law, notify the Borrower promptly in advance thereof, (c) to the extent required by Applicable Laws applicable laws or regulations, by any compulsory legal process or pursuant to a subpoena or an the order of any court or administrative agency or in any pending legal legal, judicial or administrative proceeding or process (proceeding, in which case, case the Administrative Agent, such Lender or such L/C Issuer shall notify the applicable Lender Borrower of the proposed disclosure in advance to the extent not prohibited by Law, compulsory legal process or the applicable Issuing Lender shall, to the extent permitted by Applicable Law, inform the Borrower promptly in advance thereof so the Borrower may seek a protective order or take other appropriate action)administrative agency, (d) to any other party hereto, provided that no material non-public information with respect to the Borrower or its Affiliates, or the respective securities of any of the foregoing, may be disclosed to any Public Lender, (e) in connection with the exercise of any remedies under this Agreement, hereunder or under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, Agreement or any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, (f) to market data collectors, similar services providers to the lending industry, and services providers to the Arrangers and the Lenders in connection with the administration and management of the Credit Agreement and the Facilities hereunder; provided that such information is limited to the existence of the Loan Documents and the Facilities hereunder that is customarily provided to such market data collectors or service provider, (g) subject to an agreement containing provisions substantially the same as those of this SectionSection and in accordance with the standard syndication processes of the Arrangers (and shall in any event require “click through” or other affirmative actions on the part of the recipient to access such information) or as otherwise agreed, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights and obligations under this Agreement, Agreement or any Eligible Assignee invited to be a Lender pursuant to Section 2.16 or Section 2.20 or (ii) any actual or prospective party (or its Related Parties) to any swap, derivative or other transaction under which payments are to be made by reference to any of the Borrower and its their obligations, this Agreement or payments hereunder, (iii) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fund, (gh) on a confidential basis to (i) any Rating Agency solely to the extent required rating agency in connection with rating the Borrower or its Restricted Subsidiaries or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facilitycredit facilities provided hereunder, (hi) with the prior written consent of the Borrower, (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (j) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section or (iiy) becomes available to the Administrative Agent, any Lender, any Issuing Lender L/C Issuer or any of their respective Affiliates on a nonconfidential basis from a third third-party that is not, to such Person’s knowledge, subject to confidentiality obligations to source other than the Borrower, ; (k) to the extent that such information was already in possession of the Administrative Agent, any Lender, any L/C Issuer or any of their respective Affiliates (except to the extent received in a manner restricted by this paragraph) or is independently developed by the Administrative Agent, the applicable Lender any Lender, any L/C Issuer or the applicable Issuing Lender any of their respective Affiliates; or (l) for purposes of establishing a “due diligence” defensedefense in any suit, action or proceeding relating to the Loan Documents; provided that in no event shall any disclosure of Information be made to any Disqualified Institution. For purposes In addition, the Administrative Agent and the Lenders may disclose the existence of this SectionAgreement and information about this Agreement to market data collectors, “Information” means all information received from any Credit Party or any Subsidiary thereof relating similar service providers to any Credit Party or any Subsidiary thereof or any of their respective businesses, other than any such information that is available the lending industry and service providers to the Administrative Agent, any Lender or any Issuing Lender prior to disclosure by any Credit Party or any Subsidiary thereof other than as a result of a breach Agent and the Lenders in connection with the administration of this Section 12.10. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at the time of delivery thereof, any information received from the Borrower or any Subsidiary after the date hereof shall be deemed confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10. Any failure by any of the Administrative AgentAgreement, the Issuing Lenders or other Loan Documents, and the Lenders to give any such notice to the Borrower described in this Section 12.10 shall not result in any liability on the part of the Administrative Agent, the Issuing Lenders or the LendersCommitments.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders and the Issuing Lenders L/C Issuer agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates and to its Related Parties on a need to know basis and its Affiliates’ respective partners, directors, officers, employees, agents, trustees, advisors and representatives (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential on substantially the same terms as provided hereinconfidential), (b) upon to the request or demand of extent requested by any regulatory authority purporting to have jurisdiction over such Person or any of its Affiliates it (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (in which case the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, except with respect to any audit or examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrower, in advance, to the extent practicable and lawfully permitted to do so), (c) to the extent required by Applicable Laws pursuant to a applicable laws or regulations or by any subpoena or an order of any court or administrative agency or in any pending similar legal or administrative proceeding or process (in which caseprocess, provided that the Administrative Agent, the applicable such Lender or the L/C Issuer, as the case may be, shall, at the sole cost and expense of the Company, request confidential treatment of such Confidential Information to the extent practicable and permitted by applicable Issuing law and the Administrative Agent, such Lender or the L/C Issuer, as the case may be, shall, to the extent permitted by Applicable Lawapplicable law, promptly inform the Borrower promptly in advance thereof Company with respect thereto so that the Borrower Company may seek appropriate protective relief to the extent permitted by applicable law, provided, further, that in the event such protective remedy or other remedy is not obtained, the Administrative Agent, such Lender or the L/C Issuer, as the case may be, shall furnish only that portion of the Confidential Information that is legally required and shall disclose the Confidential Information in a manner reasonably designed to preserve its confidential nature and shall, at the sole cost and expense of the Company, cooperate with the Company’s counsel to enable the Company to attempt to obtain a protective order or take other appropriate action)reliable assurance that confidential treatment will be accorded to the Information, (d) to any other party hereto, (e) in connection with the exercise of any remedies under this Agreement, hereunder or under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, Agreement or any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, (f) subject to an agreement containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights and or obligations under this Agreement, Agreement or any Eligible Assignee invited to be a Lender pursuant to Section 2.16 or (ii) any actual or prospective party counterparty (or its Related Partiesadvisors) to any swap, swap or derivative or other transaction under which payments are relating to be made by reference to the a Borrower and its obligations, this Agreement or payments hereunder, (iii) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fund, (g) on a confidential basis to (i) any Rating Agency solely to the extent required in connection with rating the Borrower or its Restricted Subsidiaries or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility, (h) with the prior written consent of the Borrower, Company or (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (jh) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section or (iiy) becomes available to the Administrative Agent, any Lender, any Issuing Lender the L/C Issuer or any of their respective Affiliates on a nonconfidential basis from a third party that is notsource other than the Company, which source, to such Person’s knowledge, subject to confidentiality obligations to the Borrower, (k) to the extent that such information is independently developed by actual knowledge of the Administrative Agent, the applicable such Lender or the applicable Issuing L/C Issuer, as the case may be, is not prohibited from disclosing such Information to such Person by a contractual, legal or fiduciary obligation to the Company, the Administrative Agent, any Lender or (l) for purposes of establishing a “due diligence” defensethe L/C Issuer. For purposes of this Section, “Information” means all information received from any Credit Party the Company or any Subsidiary thereof relating to any Credit Party the Company or any Subsidiary thereof or any of their respective businesses, other than any such information that is available to the Administrative Agent, any Lender or any Issuing Lender the L/C Issuer on a nonconfidential basis prior to disclosure by any Credit Party the Company or any Subsidiary thereof other than Subsidiary. Any Person required to maintain the confidentiality of Information as a result of a breach of provided in this Section 12.10. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at the time of delivery thereof, any information received from the Borrower or any Subsidiary after the date hereof shall be deemed considered to have complied with its obligation to do so if such Person has exercised the same degree of care to maintain the confidentiality of such Information as such Person would accord to its own confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10information. Any failure by any Each of the Administrative Agent, the Issuing Lenders and the L/C Issuer acknowledges that (a) the Information may include material non-public information concerning the Company or a Subsidiary, as the Lenders to give any case may be, (b) it has developed compliance procedures regarding the use of material non-public information and (c) it will handle such notice to the Borrower described material non-public information in this Section 12.10 shall not result in any liability on the part of the Administrative Agentaccordance with applicable Law, the Issuing Lenders or the Lendersincluding United States Federal and state securities Laws.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, each Issuing Bank, the Lenders Swingline Lender and each of the Issuing Lenders agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates and to its Related Parties on a need to know basis and its Affiliates’ respective partners, directors, officers, employees, agents, advisors and representatives (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential on substantially the same terms as provided hereinconfidential), (b) upon to the request or demand of extent requested by any regulatory authority purporting to have jurisdiction over such Person it or any of its Affiliates (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (in which case case, the Administrative Agent, such Issuing Bank, the applicable Swingline Lender or the applicable Issuing such Lender shall, except with respect to any audit or examination conducted by bank accountants or any governmental bank Governmental Authority or regulatory or self-regulatory authority exercising examination or regulatory authority, promptly notify the BorrowerBorrower in writing, in advance, and give the Borrower the opportunity to seek confidential treatment of the information prior to such disclosure, to the extent practicable permitted by law and lawfully permitted to do soregulation), (c) to the extent required by Applicable Laws pursuant to a subpoena or an order of any court or administrative agency or in any pending legal or legal, judicial, administrative proceeding or in accordance with a judicial or other governmental order, subpoena, interrogatory, discovery request, investigative demand or other legal process or as required by applicable law or regulations (in which case, the Administrative Agent, such Issuing Bank, the applicable Swingline Lender or such Lender shall promptly notify the applicable Issuing Lender shallBorrower in writing, in advance, and give the Borrower the opportunity to seek confidential treatment of the information prior to such disclosure, to the extent permitted by Applicable Law, inform the Borrower promptly in advance thereof so the Borrower may seek a protective order or take other appropriate actionlaw and regulation), (d) to any other party hereto, (e) in connection with the exercise of any remedies under this Agreement, hereunder or under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, Agreement or any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, (f) subject to an agreement containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights and or obligations under this Agreement, Agreement or (ii) any actual or prospective party counterparty (or its Related Partiesadvisors) to any swap, swap or derivative or other transaction under which payments are to be made by reference relating to the Borrower and its obligations, this Agreement or payments hereunderany Subsidiary and its obligations, (iii) or any credit insurance provider relating to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved FundObligations, (g) with the consent of the Borrower, (h) to rating agencies or, on a confidential basis basis, to (i) any Rating Agency solely to the extent required in connection with rating the Borrower or its Restricted Subsidiaries or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility, (h) with the prior written consent of the Borrower, Loans or (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (j) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section or (iiy) becomes available to the Administrative Agent, any LenderIssuing Bank, the Swingline Lender any Issuing Lender or any of their respective Affiliates on a nonconfidential basis from a third party that is not, to such Person’s knowledge, subject to confidentiality obligations to source other than the Borrower, (k) to the extent that such information is independently developed by the Administrative Agent, the applicable Lender or the applicable Issuing Lender or (l) for purposes of establishing a “due diligence” defense. For purposes of this Section, “Information” means all information received from any Credit Party or any Subsidiary thereof relating to any Credit Party or any Subsidiary thereof or any of their respective businesses, other than any such information that is available to the Administrative Agent, any Lender or any Issuing Lender prior to disclosure by any Credit Party or any Subsidiary thereof other than as a result of a breach of this Section 12.10. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at the time of delivery thereof, any information received from the Borrower or any Subsidiary after the date hereof shall be deemed confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10. Any failure by any of the Administrative Agent, the Issuing Lenders or the Lenders to give any such notice to the Borrower described in this Section 12.10 shall not result in any liability on the part of the Administrative Agent, the Issuing Lenders or the Lenders.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders and the Issuing Lenders L/C Issuer agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates and to its Related Parties and its Affiliates’ respective partners, directors, officers, employees, agents, advisors and other representatives on a “need to know basis basis” (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential on substantially confidential) solely in connection with the same terms transactions contemplated or permitted hereby; provided that the Administrative Agent, the Lenders or the L/C Issuer, as provided herein)the case may be, shall be responsible for its Affiliates’ compliance with this paragraph, (b) upon to the request or demand of extent requested by any regulatory authority purporting to have jurisdiction over such Person or any of its Affiliates it (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (in which case the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, except with respect to any audit or examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrower, in advance, to the extent practicable and lawfully permitted to do so), (c) to the extent required by Applicable Laws pursuant to a or regulations or by any subpoena or an order similar legal process; provided that unless specifically prohibited by Applicable Law or court order, each Lender and the Administrative Agent shall promptly notify the Borrower in advance of any court or administrative agency or in any pending legal or administrative proceeding or process (in which case, the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, to the extent permitted by Applicable Law, inform the Borrower promptly in advance thereof so the Borrower may seek a protective order or take other appropriate action)such disclosure, (d) to any other party hereto, (e) in connection with the exercise of any remedies under this Agreement, hereunder or under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, Agreement or any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, (f) subject to an agreement containing provisions substantially the same as those of this SectionSection 10.23, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights and or obligations under this Agreement, Agreement or (ii) any actual or prospective party counterparty (or its Related Partiesadvisors) to any swap, derivative or other transaction under which payments are to be made by reference Hedge Agreement relating to the Borrower and its obligations, this Agreement or payments hereunder, (iii) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fund, (g) on a confidential basis to (i) any Rating Agency solely to with the extent required in connection with rating consent of the Borrower or its Restricted Subsidiaries or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility, (h) with the prior written consent of the Borrower, (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (j) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section 10.23 or (iiy) becomes available to the Administrative Agent, any Lender, any Issuing Lender or any of their respective Affiliates on a nonconfidential basis from a third party that is not, to such Person’s knowledge, subject to confidentiality obligations to source other than the Borrower, Borrower (k) except to the extent that such information is independently developed by Information was available to the Administrative Agent, the applicable any Lender or any of their Affiliates as a result of Administrative Agent’s, any Lender’s or their Affiliates’ ownership interests in the applicable Issuing Lender Business or (l) for purposes of establishing a “due diligence” defensethe Borrower). For purposes of this SectionSection 10.23, “Information” means all information received by the Administrative Agent, any Lender or the L/C Issuer, as the case may be, from any Credit Party the Borrower or any Subsidiary thereof of its Subsidiaries relating to any Credit Party the Borrower or any Subsidiary thereof of its Subsidiaries or any of their respective businesses, other than any such information that is available to the Administrative Agent, Agent or any Lender or any Issuing Lender on a nonconfidential basis prior to disclosure by any Credit Party or any Subsidiary thereof other than as a result of a breach of this Section 12.10. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at the time of delivery thereof, any information received from the Borrower or any Subsidiary after of its Subsidiaries. Any Person required to maintain the date hereof confidentiality of Information as provided in this Section shall be deemed considered to have complied with its obligation to do so if such Person has exercised the same degree of care to maintain the confidentiality of such Information as such Person would accord to its own confidential unless information. Notwithstanding the foregoing, the Administrative Agent and the Lenders agree not to disclose any Information to a (i) Prohibited Lender or (ii) any of their respective Affiliates or any of their and their Affiliates’ officers, directors or employees that (x) are engaged as principles primarily in private equity or venture capital on a proprietary bases (other than, in each case, such information shall already be publicly available Affiliates engaged by the Borrower with respect to the Transactions and the private equity group affiliated with the GSLP Funds or any other than as a result of a breach of this Section 12.10. Any failure by debt fund affiliates or any advisors thereto) or (y) to the knowledge of the Administrative Agent, the Issuing Lenders or the Lenders to give L/C Issuer, as the case may be, are engaged in businesses competing with the Borrower (including any such notice Affiliate which has been previously identified in writing to the Borrower described Joint Lead Arrangers as such); provided, that nothing contained in this Section 12.10 10.23 shall not result in prohibit the disclosure of such Information to any liability on the part officers, directors or employees of any Affiliate of the Administrative Agent, the Issuing Lenders or the LendersL/C Issuer, as the case may be, who reasonably need to know such Information for purposes of evaluating, negotiating, enforcing or consummating any of the transactions contemplated hereby, so long as, such Information is used solely for such purposes.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders Agent and the Issuing Lenders each other Lending Party each agrees to maintain the confidentiality of the Information (as defined below)Information, except that Information may be disclosed (including by means of the Electronic Platform): (a) to its Affiliates and to its Related Parties on a need to know basis and its Affiliates’ respective partners, directors, officers, employees, agents, advisors, representatives and funding and financing sources (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed agree to keep such Information confidential on substantially the same terms as provided herein), ; (b) upon to the request or demand of extent requested by any regulatory authority Governmental Authority, purporting to have jurisdiction over such Person or any of its Affiliates it (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (in which case the Administrative Agent), the applicable Lender or the applicable Issuing Lender shall, except with respect to any audit or examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrower, in advance, provided that to the extent practicable and lawfully permitted by applicable Law, Administrative Agent will use reasonably commercial efforts to do so)provide Administrative Loan Party with notice of any such request so received prior to the release thereof, however, Administrative Agent’s failure to so provide such notice (or any notice) will not be deemed a violation of any obligation of Administrative Agent to Borrowers hereunder or otherwise expose Administrative Agent to any claim or liability to any Person as a result of such failure; (c) to the extent required by Applicable applicable Laws pursuant to a or by any subpoena or an order of any court or administrative agency or in any pending similar legal or administrative proceeding or process (in which caseprocess, the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, provided that to the extent permitted by Applicable applicable Law, inform Administrative Agent will use reasonably commercial efforts to provide Administrative Loan Party with notice of any such required disclosure prior to the Borrower promptly in advance thereof release thereof, however, Administrative Agent’s failure to so the Borrower may seek provide such notice (or any notice) will not be deemed a protective order violation of any obligation of Administrative Agent to Borrowers hereunder or take other appropriate action), otherwise expose Administrative Agent to any claim or liability to any Person as a result of such failure; (d) to any other party hereto, ; (e) in connection with the exercise of any remedies under this Agreement, hereunder or under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding Proceeding relating to this Agreement, Agreement or any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, ; (f) to “Gold Sheets” or other similar bank trade publications; provided that such information consist solely of deal terms and other information customarily found in such publications; (g) unless an Event of Default has occurred and is continuing, subject to an agreement containing provisions substantially the same as those of this Section, to Section 10.07 to: (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights and or obligations under this Agreement, ; or (ii) any actual or prospective party counterparty (or its Related Partiesadvisors) to any swap, swap or derivative or other transaction under which payments are relating to be made by reference to the Borrower and its obligations, this Agreement or payments hereunder, (iii) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the any Loan Documents in connection with ratings issued with respect to an Approved Fund, (g) on a confidential basis to (i) any Rating Agency solely to the extent required in connection with rating the Borrower or its Restricted Subsidiaries or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility, Party; (h) with the prior written consent of the Borrower, Borrowers; or (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (j) to the extent such Information Information: (i) becomes publicly available other than as a result of a breach of this Section 10.07; or (ii) becomes available to the Administrative Agent, any Lender, any Issuing Lender Lending Party or any of their respective Affiliates on a non-confidential basis from a third party that is not, to such Person’s knowledge, subject to confidentiality obligations to the Borrower, (k) to the extent that such information is independently developed by the Administrative Agent, the applicable Lender or the applicable Issuing Lender or (l) for purposes source other any Loan Party and not in contravention of establishing a “due diligence” defensethis Section 10.07. For purposes of this SectionSection 10.07, “Information” means all information received from any Credit Party or any Subsidiary thereof relating to any Credit Party or any Subsidiary thereof or any of their respective businesses, other than any such information that is available to the Administrative Agent, any Lender or any Issuing Lender prior to disclosure by any Credit Party or any Subsidiary thereof other than as a result of a breach of this Section 12.10. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at the time of delivery thereof, any information received from the Borrower or any Subsidiary after the date hereof shall be deemed confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10. Any failure by any of the Administrative Agent, the Issuing Lenders or the Lenders to give any such notice to the Borrower described in this Section 12.10 shall not result in any liability on the part of the Administrative Agent, the Issuing Lenders or the Lenders.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders Agent and the Issuing Lenders agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates and to its Related Parties on a need to know basis and its Affiliates’ respective partners, directors, officers, employees, agents, advisors and other representatives (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential on substantially the same terms as provided hereinconfidential), (b) upon to the request or demand of extent requested by any regulatory authority purporting to have jurisdiction over such Person or any of its Affiliates it (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (and, in which the case the Administrative Agentof any non-ordinary course disclosure under this clause (b), the applicable Lender or disclosing party shall use its reasonable efforts to inform the applicable Issuing Lender shall, except with respect Borrower thereof prior to any audit or examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrowersuch disclosure and, in advanceany event, shall promptly inform the Borrower thereof, in each case to the extent practicable and lawfully legally permitted to do so), (c) to the extent required by Applicable Laws pursuant to a applicable laws or regulations or by any subpoena or an order of any court or administrative agency or in any pending similar legal or administrative proceeding or process (in which casecase the disclosing party shall use its reasonable efforts to inform the Borrower thereof prior to any such disclosure and, in any event, shall promptly inform the Administrative AgentBorrower thereof, the applicable Lender or the applicable Issuing Lender shall, in each case to the extent legally permitted by Applicable Law, inform the Borrower promptly in advance thereof so the Borrower may seek a protective order or take other appropriate actionto do so), (d) to any other party hereto, (e) in connection with the exercise of any remedies under this Agreement, hereunder or under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, Agreement or any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, (f) subject to an agreement containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights and or obligations under this Agreement, Agreement or (ii) any actual or prospective party counterparty (or its Related Partiesadvisors) to any swap, swap or derivative or other transaction under which payments are to be made by reference relating to the Borrower and its obligations, this Agreement or payments hereunder, (iii) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fund, (g) on a confidential basis to (i) any Rating Agency solely to with the extent required in connection with rating consent of the Borrower or its Restricted Subsidiaries or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility, (h) with the prior written consent of the Borrower, (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (j) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section or (iiy) becomes available to the Administrative Agent, Agent or any Lender, any Issuing Lender or any of their respective Affiliates on a nonconfidential basis from a third party that is not, to such Person’s knowledge, subject to confidentiality obligations to source other than the Borrower, (k) to the extent that such information is independently developed by the Administrative Agent, the applicable Lender or the applicable Issuing Lender or (l) for purposes of establishing a “due diligence” defense. For purposes of this Section, “Information” means all information received from any Credit Party or any Subsidiary thereof relating to any Credit Party or any Subsidiary thereof or any of their respective businesses, other than any such information that is available to the Administrative Agent, any Lender or any Issuing Lender prior to disclosure by any Credit Party or any Subsidiary thereof other than as a result of a breach of this Section 12.10. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at the time of delivery thereof, any information received from the Borrower or any Subsidiary after the date hereof shall be deemed confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10. Any failure by any of the Administrative Agent, the Issuing Lenders or the Lenders to give any such notice to the Borrower described in this Section 12.10 shall not result in any liability on the part of the Administrative Agent, the Issuing Lenders or the Lenders.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders and the Issuing Lenders L/C Issuers agrees to maintain the confidentiality of of, and not disclose, the Information (as defined below), except that Information may be disclosed (a) to its Affiliates Affiliates, to its auditors and to its Related Parties on a and its Affiliates’ respective partners, directors, officers, employees, agents, advisors and representatives who need to know basis such Information in connection with this Agreement and to its and its Affiliates’ insurance brokers, insurers and reinsurers in connection with credit risk insurance (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed will be subject to keep customary confidentiality obligations of professional practice or agree to be bound by the terms of this Section (or language substantially similar to this Section) with the disclosing party responsible for such Information confidential on substantially the same terms as provided hereinperson’s compliance with this Section), (b) upon to the request or demand of extent requested by any regulatory authority purporting to have jurisdiction over such Person or any of its Affiliates it (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (), in which case the Administrative Agentdisclosing party agrees, to the applicable Lender extent permitted by law, rule or regulation and reasonably practicable, to inform the applicable Issuing Lender shallBorrower, except with respect to any customary audit or customary examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, in advance thereof, (c) to the extent required by applicable laws or regulations or by any subpoena or similar legal process; provided that the Person required to disclose such information shall take reasonable efforts (at the Borrower’s expense) to ensure that any Information so disclosed shall be afforded confidential treatment, to the extent permitted by law, rule or regulation and reasonably practicable, to inform the Borrower, except with respect to any customary audit or customary examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrower, in advance, to the extent practicable and lawfully permitted to do so), (c) to the extent required by Applicable Laws pursuant to a subpoena or an order of any court or administrative agency or in any pending legal or administrative proceeding or process (in which case, the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, to the extent permitted by Applicable Law, inform the Borrower promptly in advance thereof so the Borrower may seek a protective order or take other appropriate action)thereof, (d) to any other party hereto, (e) in connection with the exercise of any remedies under this Agreement, hereunder or under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, Agreement or any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights 104 hereunder or thereunder, (f) subject to such Person agreeing to be subject to the provisions of this Section 11.07 or an agreement containing provisions substantially the same at least as restrictive as those of this SectionSection 11.07, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights and or obligations under this Agreement, Agreement or (ii) any actual or prospective party counterparty (or its Related Partiesadvisors) to any swap, swap or derivative or other transaction under which payments are to be made by reference to the Borrower and its obligations, this Agreement or payments hereunder, (iiig) with the consent of the Borrower, (h) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent any rating agency when required by it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fund, (g) on a confidential basis to (i) any Rating Agency solely to the extent required in connection with rating the Borrower or its Restricted Subsidiaries the credit facility provided hereunder, provided, that prior to any disclosure, such rating agency shall undertake in writing to preserve the confidentiality of any Information received by it from the Administrative Agent, any L/C Issuer or the Credit Facility or any Lender, (iii) on a confidential basis to the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility, (h) with the prior written consent of the Borrower, (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, Loans or (j) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section or (iiy) becomes available to the Administrative Agent, any Lender, any Issuing Lender L/C Issuer or any of their respective Affiliates on a nonconfidential basis from a third party that source other than the Borrower who is not, to the knowledge of the Administrative Agent, such Person’s knowledgeL/C Issuer or such Lender, subject to under an obligation of confidentiality obligations to the BorrowerBorrower with respect to such Information. In addition, (k) to the extent that such information is independently developed by the Administrative Agent, the applicable Lender or Lenders and the applicable Issuing Lender or (l) for purposes of establishing a “due diligence” defense. For purposes L/C Issuers may disclose the existence of this SectionAgreement and information about this Agreement to market data collectors, “Information” means all information received from any Credit Party or any Subsidiary thereof relating similar service providers to any Credit Party or any Subsidiary thereof the lending industry and service providers to the Administrative Agent or any of their respective businesses, other than any such information that is available to the Administrative Agent, any Lender Lenders or any Issuing Lender prior to disclosure by any Credit Party L/C Issuers in connection with the administration or any Subsidiary thereof other than as a result of a breach servicing of this Section 12.10. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at the time of delivery thereof, any information received from the Borrower or any Subsidiary after the date hereof shall be deemed confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10. Any failure by any of the Administrative AgentAgreement, the Issuing Lenders or other Loan Documents and the Lenders to give any such notice to the Borrower described in this Section 12.10 shall not result in any liability on the part of the Administrative Agent, the Issuing Lenders or the LendersCommitments.

Treatment of Certain Information; Confidentiality. Each of the Administrative AgentThe Common Security Trustee, the Lenders each Secured Debt Holder Group Representative, each Secured Hedge Representative and the Issuing Lenders each Secured Gas Hedge Representative agrees to maintain the confidentiality of the Information (as defined below)Information, except that Information may be disclosed (a) to its Affiliates and to its Related Parties on a need to know basis Affiliates’ respective partners, directors, officers, employees, agents, advisors and representatives (it being understood provided that the Persons to whom such disclosure is made will be informed prior to disclosure of the confidential nature of such Information and instructed to keep such Information confidential on substantially the same terms as provided hereinconfidential), ; (b) upon to the request extent requested or demand of required by any regulatory authority purporting to have jurisdiction over such Person or any of its Affiliates (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (in which case the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, except with respect to any audit or examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrower, in advance, to the extent practicable and lawfully permitted to do so), it; (c) to the extent required by Applicable Laws pursuant to a applicable Government Rule or regulations or by any subpoena or an order of any court or administrative agency or in any pending similar legal or administrative proceeding or process (in which case, the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, to the extent permitted by Applicable Law, inform the Borrower promptly in advance thereof so the Borrower may seek a protective order or take other appropriate action), process; (d) to any other party hereto, to this Agreement; (e) in connection with the exercise of any remedies under this Agreement, under hereunder or any other Loan Financing Document or under any Secured Hedge Agreement or Secured Cash Management Agreementsuit, or any action or proceeding relating to this Agreement, any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, (f) subject to an agreement containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights and obligations under this Agreement, (ii) including any actual or prospective party purchaser of Collateral); (or its Related Partiesf) to any swapPersons permitted under the terms of the Secured Debt Instruments, derivative Secured Hedge Instruments or other transaction under which payments are to be made by reference to the Borrower and its obligationsSecured Gas Hedge Instruments, this Agreement or payments hereunderas applicable, (iii) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection accordance with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fund, terms thereof; (g) on a confidential basis to (i) any Rating Agency solely to the extent required in connection with rating the Borrower or its Restricted Subsidiaries or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility, (h) with the prior written consent of the BorrowerBorrower (not to be unreasonably withheld, conditioned or delayed); (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (jh) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section 10.16 or (iiy) becomes available to the Administrative AgentCommon Security Trustee, any LenderSecured Debt Holder Group Representative, any Issuing Lender Secured Hedge Representative, any Secured Gas Hedge Representative or any of their respective Affiliates on a nonconfidential basis from a third party that is notsource other than the Borrower; (i) to any state, federal or foreign authority or examiner (including the National Association of Insurance Commissioners or any other similar organization) regulating the Common Security Trustee, any Secured Debt Holder Group Representative, any Secured Hedge Representative or any Secured Gas Hedge Representative; (j) to any rating agency when required by it (it being understood that, prior to any such Person’s knowledgedisclosure, subject such rating agency shall undertake to preserve the confidentiality obligations of any Information relating to the BorrowerBorrower received by it from the Common Security Trustee, any Secured Debt Holder Group Representative, any Secured Hedge Representative or any Secured Gas Hedge Representative); or (k) to the extent that such information is independently developed by the Administrative Agentany party providing a Secured Party insurance or reinsurance (including credit default swaps) with respect to its Secured Debt. In addition, the applicable Lender or Common Security Trustee, each Secured Debt Holder Group Representative, each Secured Hedge Representative and each Secured Gas Hedge Representative may disclose the applicable Issuing Lender or (l) for purposes of establishing a “due diligence” defense. For purposes existence of this SectionAgreement and information contained in this Agreement to market data collectors, “Information” means all information received from similar service providers to the lending industry, and service providers to the Common Security Trustee, any Credit Party Secured Debt Holder Group Representative, any Secured Hedge Representative or any Subsidiary thereof relating to any Credit Party or any Subsidiary thereof or any of their respective businesses, other than any such information that is available to Secured Gas Hedge Representative in connection with the Administrative Agent, any Lender or any Issuing Lender prior to disclosure by any Credit Party or any Subsidiary thereof other than as a result of a breach administration and management of this Section 12.10. The parties hereto hereby agree that unless otherwise clearly identified by Agreement, the Borrower at other Financing Documents, the time of delivery thereof, any information received from the Borrower or any Subsidiary after the date hereof shall be deemed confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10. Any failure by any Senior Debt Commitments of the Administrative AgentSecured Debt Holders, the Issuing Lenders or the Lenders to give any such notice to the Borrower described in this Section 12.10 shall not result in any liability on the part of the Administrative Agent, the Issuing Lenders or the Lenders.and the

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders and the Issuing Lenders L/C Issuers agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates Affiliates, its auditors and to its and its Affiliates’ respective Related Parties on a need to know basis (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential on substantially the same terms as provided hereinconfidential), (b) upon to the request extent required or demand of requested by any regulatory authority purporting to have jurisdiction over such Person or any of its Affiliates Related Parties (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (), in which case the Administrative Agent, the applicable such Lender or the applicable Issuing Lender shall, such L/C Issuer shall (i) except with respect to any audit or examination conducted by bank accountants or any governmental bank governmental, regulatory, or self-regulatory authority exercising examination or regulatory authority, promptly notify the Borrower, in advance, to the extent practicable and lawfully permitted by Law, notify the Company promptly in advance thereof and (ii) use commercially reasonable efforts to do so)ensure that any such Information disclosed is accorded confidential treatment, (c) to the extent required by Applicable Laws applicable laws or regulations, by any compulsory legal process or pursuant to a subpoena or an the order of any court or administrative agency or in any pending legal legal, judicial or administrative proceeding or process (proceeding, in which case, case the Administrative Agent, such Lender or such L/C Issuer shall (i) notify the applicable Lender Company of the proposed disclosure in advance to the extent not prohibited by Law, compulsory legal process or the applicable Issuing administrative agency, provided if the Administrative Agent, such Lender shallor such L/C Issuer is unable to notify the Company in advance of such disclosure, such notice shall be delivered promptly thereafter to the extent practicable and permitted by Applicable Law, inform the Borrower promptly in advance thereof so the Borrower may seek a protective order or take other appropriate action)Law and (ii) use commercially reasonable efforts to ensure that any such Information disclosed is accorded confidential treatment, (d) to any other party hereto, provided that no material non-public 160 CHAR1\1847295v5 information with respect to the Company or its Affiliates, or the respective securities of any of the foregoing, may be disclosed to any Public Lender, (e) in connection with the exercise of any remedies under this Agreement, hereunder or under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, Agreement or any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, (f) subject to an agreement containing provisions substantially the same as those of this SectionSection (it being understood and agreed that any “click through” confidentiality agreement used on SyndTrak is acceptable to the parties hereto for purposes of satisfying the requirements of the exception contemplated in this clause (f)), to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights and obligations under this Agreement, Agreement or any Eligible Assignee invited to be a Lender pursuant to Section 2.16 or (ii) any actual or prospective party (or its Related Parties) to any swap, derivative or other transaction under which payments are to be made by reference to any of the Borrower Borrowers and its their obligations, this Agreement or payments hereunder, (iii) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fund, (g) on a confidential basis to (i) any Rating Agency solely to the extent required rating agency in connection with rating the Borrower Company or its Restricted Subsidiaries or the Credit Facility or credit facilities provided hereunder, (ii) the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring of CUSIP numbers or other market identifiers with respect to the Credit Facilitycredit facilities provided hereunder or (iii) any insurance broker or provider of credit insurance to such Person, (h) with the prior written consent of the BorrowerCompany, or (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (j) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section or (iiy) becomes available to the Administrative Agent, any Lender, any Issuing Lender L/C Issuer or any of their respective Affiliates on a nonconfidential basis from a third party source other than the Company; provided that is notin no event shall any disclosure of Information be made to any Disqualified Institution. In addition, the Administrative Agent and the Lenders may disclose the existence of this Agreement and information about this Agreement to such Person’s knowledgemarket data collectors, subject to confidentiality obligations similar service providers to the Borrower, (k) lending industry and service providers to the extent that such information is independently developed by Administrative Agent and the Administrative AgentLenders in connection with the administration of this Agreement, the applicable Lender or other Loan Documents, and the applicable Issuing Lender or (l) for purposes of establishing a “due diligence” defenseCommitments. For purposes of this Section, “Information” means all information received from any Credit Party the Company or any Subsidiary thereof relating to any Credit Party the Company or any Subsidiary thereof or any of their respective businesses, other than any such information that is available to the Administrative Agent, any Lender or any Issuing Lender L/C Issuer on a nonconfidential basis prior to disclosure by any Credit Party the Company or any Subsidiary thereof other than Subsidiary. Any Person required to maintain the confidentiality of Information as a result of a breach of provided in this Section 12.10. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at the time of delivery thereof, any information received from the Borrower or any Subsidiary after the date hereof shall be deemed considered to have complied with its obligation to do so if such Person has exercised the same degree of care to maintain the confidentiality of such Information as such Person would accord to its own confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10information. Any failure by any Each of the Administrative Agent, the Issuing Lenders and the L/C Issuers acknowledges that (a) the Information may include material non-public information concerning the Company or a Subsidiary, as the Lenders to give any case may be, (b) it has developed compliance procedures regarding the use of material non-public information and (c) it will handle such notice to the Borrower described material non-public information in this Section 12.10 shall not result in any liability on the part of the Administrative Agentaccordance with applicable Law, the Issuing Lenders or the Lendersincluding Canadian federal and provincial securities laws and United States federal and state securities Laws.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders and the Issuing Lenders L/C Issuers agrees on behalf of itself and its Related Parties to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates and to its Related Parties on a need to know basis and its Affiliates’ respective partners, directors, officers, employees, agents, trustees, advisors and representatives (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential on substantially and that the same terms Administrative Agent, the relevant Lender or the relevant L/C Issuer, as provided hereinthe case may be, shall be responsible to the Loan Parties and their Affiliates for any failure by any such Persons who are controlled Affiliates of the Administrative Agent, the relevant Lender or the relevant L/C Issuer, as the case may be, to maintain the confidentiality of the Information), (b) upon to the request extent required or demand of requested by any regulatory authority purporting to have jurisdiction over such Person or any of its Affiliates Related Parties (including any self-regulatory authority, such as the National Association of Insurance Commissioners), (c) to the extent required by applicable laws or regulations or by any subpoena or similar legal process (provided that, in which the case of this clause (c) or the foregoing clause (b), the Administrative Agent, such L/C Issuer or such Lender, as the applicable Lender or case may be, shall (x) disclose only the applicable Issuing Lender shall, information required and (y) except with respect to any audit or examination conducted by bank accountants or any governmental agency, securities or bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrower, in advance, to the extent practicable authority and lawfully permitted to do so), (c) to the extent required by Applicable Laws pursuant to a subpoena or an order of any court or administrative agency or in any pending legal or administrative proceeding or process (in which case, the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, only to the extent permitted by Applicable Lawapplicable law and regulation, inform notify the Borrower promptly Company in writing of such disclosure and will use its best efforts to send such written notice in advance thereof of such disclosure, so that the Borrower Company may seek a protective order or take other appropriate actionremedy), (d) to any other party hereto, (e) in connection with the exercise of any remedies under this Agreement, hereunder or under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, Agreement or any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, (f) subject to an agreement containing provisions substantially the same as those of this Section, to (i) to any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights and obligations under this Agreement, Agreement or any Eligible Assignee invited to be a Lender pursuant to Section 2.16(a) or (ii) any actual or prospective party (or its Related Parties) to any swap, derivative or other transaction under which payments are to be made by reference to the Borrower Borrowers and its their obligations, this Agreement or payments hereunder, (iii) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fund, (g) on a confidential basis to (i) any Rating Agency solely to the extent required rating agency in connection with rating the Borrower Borrowers or its Restricted their Subsidiaries or the Credit Facility credit facilities provided hereunder or (ii) the CUSIP Service Bureau or any similar agency solely in connection with the issuance application, issuance, publishing and monitoring of CUSIP numbers or other market identifiers with respect to the Credit Facilitycredit facilities provided hereunder, (h) with the prior written consent of the Borrower, Company or (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (j) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section or Section, (iiy) becomes available to the Administrative Agent, any Lender, any Issuing Lender L/C Issuer or any of their respective Affiliates on a nonconfidential basis from a third party that is notsource other than any Loan Party or any of its Affiliates (and other than a source acting on its or their behalf), to such Person’s knowledge, subject to confidentiality obligations to the Borrower, (k) to the extent that such information is independently developed and not known by the Administrative Agent, the applicable such Lender or the applicable Issuing Lender or (l) for purposes such L/C Issuer to be in violation of establishing a “due diligence” defense. For purposes of this Section, “Information” means all information received from confidentiality to any Credit such Loan Party or any Subsidiary thereof relating of its Affiliates or (z) is independently discovered or developed by a party hereto without utilizing any Information received from the Borrower or violating the terms of this Section 10.07. In addition, the Administrative Agent, the L/C Issuers and the Lenders may disclose the existence of this Agreement and information about this Agreement to any Credit Party or any Subsidiary thereof or any of their respective businessesmarket data collectors, other than any such information that is available similar service providers to the lending industry and service providers to the Administrative Agent, any Lender or any Issuing Lender prior to disclosure by any Credit Party or any Subsidiary thereof other than as a result of a breach the L/C Issuers and the Lenders in connection with the administration of this Section 12.10. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at the time of delivery thereof, any information received from the Borrower or any Subsidiary after the date hereof shall be deemed confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10. Any failure by any of the Administrative AgentAgreement, the Issuing Lenders or the Lenders to give any such notice to the Borrower described in this Section 12.10 shall not result in any liability on the part of the Administrative Agentother Loan Documents, the Issuing Lenders or Commitments and the Lenders.Loans. 120

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders Agent and the Issuing Lenders agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates and to its Related Parties on a need to know basis and its Affiliates’ respective partners, directors, officers, employees, agents, advisors and other representatives (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential on substantially the same terms as provided hereinconfidential), (b) upon to the request or demand of extent requested by any regulatory authority purporting to have jurisdiction over such Person or any of its Affiliates it (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (and, in which the case the Administrative Agentof any non-ordinary course disclosure under this clause (b), the applicable Lender or disclosing party shall use its reasonable efforts to inform the applicable Issuing Lender shall, except with respect Borrower thereof prior to any audit or examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrowersuch disclosure and, in advanceany event, shall promptly inform the Borrower thereof, in each case to the extent practicable and lawfully legally permitted to do so), (c) to the extent required by Applicable applicable Laws pursuant to a or regulations or by any subpoena or an order of any court or administrative agency or in any pending similar legal or administrative proceeding or process (in which casecase the disclosing party shall use its reasonable efforts to inform the Borrower thereof prior to any such disclosure and, in any event, shall promptly inform the Administrative AgentBorrower thereof, the applicable Lender or the applicable Issuing Lender shall, in each case to the extent legally permitted by Applicable Law, inform the Borrower promptly in advance thereof so the Borrower may seek a protective order or take other appropriate actionto do so), (d) to any other party hereto, (e) in connection with the exercise of any remedies under this Agreement, hereunder or under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, Agreement or any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, (f) subject to an agreement containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights and or obligations under this Agreement, Agreement or (ii) any actual or prospective party counterparty (or its Related Partiesadvisors) to any swap, swap or derivative or other transaction under which payments are to be made by reference relating to the Borrower and its obligations, this Agreement or payments hereunder, (iii) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fund, (g) on a confidential basis to (i) any Rating Agency solely to with the extent required in connection with rating consent of the Borrower or its Restricted Subsidiaries or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility, (h) with the prior written consent of the Borrower, (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (j) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section or (iiy) becomes available to the Administrative Agent, Agent or any Lender, any Issuing Lender or any of their respective Affiliates on a nonconfidential basis from a third party that is not, to such Person’s knowledge, subject to confidentiality obligations to source other than the Borrower, (k) to the extent that such information is independently developed by the Administrative Agent, the applicable Lender or the applicable Issuing Lender or (l) for purposes of establishing a “due diligence” defense. For purposes of this Section, “Information” means all information received from any Credit Party or any Subsidiary thereof relating to any Credit Party or any Subsidiary thereof or any of their respective businesses, other than any such information that is available to the Administrative Agent, any Lender or any Issuing Lender prior to disclosure by any Credit Party or any Subsidiary thereof other than as a result of a breach of this Section 12.10. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at the time of delivery thereof, any information received from the Borrower or any Subsidiary after the date hereof shall be deemed confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10. Any failure by any of the Administrative Agent, the Issuing Lenders or the Lenders to give any such notice to the Borrower described in this Section 12.10 shall not result in any liability on the part of the Administrative Agent, the Issuing Lenders or the Lenders.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders and the Issuing Lenders L/C Issuer agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates and to its Related Parties on a who need to know basis such Information in connection with the transactions hereunder (it being understood and agreed that (i) the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential on substantially and (ii) the same terms Administrative Agent, the Lenders and the L/C Issuer, as provided hereinapplicable, shall be responsible for their respective Controlled or Controlling Affiliates’ failure to maintain the confidentiality of such Information), (b) upon to the request extent required or demand of requested by any regulatory authority purporting to have jurisdiction over such Person it or any of its Affiliates Related Parties (including any self-regulatory authority, such as the National Association of Insurance Commissioners); provided that (i) the Administrative Agent, such Lender or the L/C Issuer, as applicable, agrees to the extent practicable and not prohibited by applicable Law to inform the Company promptly thereof prior to such disclosure and (in which case ii) notwithstanding anything to the contrary contained herein, the Administrative Agent, the applicable Lender Lenders or the applicable Issuing Lender shallL/C Issuer, except with respect and their Affiliates may disclose Information, without notice to the Company, to any audit Governmental Authority or examination conducted by bank accountants or any governmental bank self-regulatory authority exercising examination (including bank and securities examiners) having or regulatory claiming to have authority to regulate or oversee any aspect of such Person’s or its Affiliate’s business in connection with the exercise of such authority or claimed authority, promptly notify the Borrower, in advance, to the extent practicable and lawfully permitted to do so), (c) to the extent required by Applicable Laws pursuant to a applicable laws or regulations or by any subpoena or an order of any court or administrative agency or in any pending similar legal or administrative proceeding or process (in which case, the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, to the extent permitted by Applicable Law, inform the Borrower promptly in advance thereof so the Borrower may seek a protective order or take other appropriate action)process, (d) to any other party hereto, (e) in connection with the exercise of any remedies under this Agreement, hereunder or under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, Agreement or any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, (f) subject to an agreement containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights and or obligations under this Agreement, Agreement or any Eligible Assignee invited to become a Lender pursuant to Section 2.16(c) or (ii) any actual or prospective party counterparty (or its Related Partiesadvisors) to any swap, swap or derivative or other transaction under which payments are relating to be made by reference to the a Borrower and its obligations, this Agreement or payments hereunder, (iii) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fund, (g) on a confidential basis to with the written consent (iincluding by electronic mail) any Rating Agency solely to of the extent required in connection with rating the Borrower or its Restricted Subsidiaries or the Credit Facility Company or (ii) the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility, (h) with the prior written consent of the Borrower, (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (j) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section or (iiy) becomes available to the Administrative Agent, any Lender, any Issuing Lender or any of their respective Affiliates the L/C Issuer from a third party source other than the Company or any Subsidiary that is not, to such Person’s knowledge, subject to confidentiality obligations to the Borrower, (k) to the extent that such information is independently developed by knowledge of the Administrative Agent, the applicable such Lender or such L/C Issuer, as applicable, subject to a confidentiality obligation owing to the applicable Issuing Lender Company or (l) for purposes of establishing a “due diligence” defenseany Subsidiaries prohibiting disclosure with respect to such Information. For purposes of this Section, “Information” means all information received from any Credit Party the Company or any Subsidiary thereof relating to any Credit Party the Company or any Subsidiary thereof or any of their respective businesses, other than any such information that is available to the Administrative Agent, any Lender or any Issuing Lender the L/C Issuer on a nonconfidential basis prior to disclosure by any Credit Party the Company or any Subsidiary thereof other than as a result Subsidiary, provided that, in the case of a breach of this Section 12.10. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at the time of delivery thereof, any written information received from the Borrower Company or any Subsidiary after the date hereof hereof, such information is clearly identified at the time of delivery as confidential. Any Person required to maintain the confidentiality of Information as provided in this Section shall be deemed considered to have complied with its obligation to do so if such Person has exercised the same degree of care to maintain the confidentiality of such Information as such Person would accord to its own confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10information. Any failure by any Each of the Administrative Agent, the Issuing Lenders and the L/C Issuer acknowledges that (a) the Information may include material non-public information concerning the Company or a Subsidiary, as the Lenders to give any case may be, (b) it has developed compliance procedures regarding the use of material non-public information and (c) it will handle such notice to the Borrower described material non-public information in this Section 12.10 shall not result in any liability on the part of the Administrative Agentaccordance with applicable Law, the Issuing Lenders or the Lendersincluding Federal and state securities Laws.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders Agent and the Issuing Lenders agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates and to its Related Parties on a need to know basis and its Affiliates’ respective partners, directors, officers, employees, agents, trustees, advisors and representatives (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential on substantially the same terms as provided hereinconfidential), (b) upon to the request or demand of extent requested by any regulatory authority authority, purporting to have jurisdiction over such Person or any of its Affiliates it (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (in which case the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, except with respect to any audit or examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrower, in advance); provided that, to the extent practicable and it may lawfully permitted to do so), Agent or any such Lender, shall use commercially reasonable efforts to notify Borrower of such requirement prior to any disclosure of such information to a party that Agent or such Lender reasonably believes may not keep such information confidential and shall reasonably cooperate with Borrower in any lawful effort by Borrower to prevent or limit such disclosure or otherwise protect the confidentiality of such information, (c) to the extent required by Applicable Laws pursuant to a applicable laws or regulations or by any subpoena or an order of any court or administrative agency or in any pending similar legal or administrative proceeding or process (in which case, the Administrative Agent, the applicable Lender or the applicable Issuing Lender shallprocess; provided that, to the extent permitted it may lawfully do so, Agent or any such Lender, shall use commercially reasonable efforts to notify Borrower of such requirement prior to any disclosure of such information to a party that Agent or such Lender reasonably believes may not keep such information confidential and shall reasonably cooperate with Borrower in any lawful effort by Applicable Law, inform Borrower to prevent or limit such disclosure or otherwise protect the Borrower promptly in advance thereof so the Borrower may seek a protective order or take other appropriate action)confidentiality of such information, (d) to any other party hereto, (e) in connection with the exercise of any remedies under this Agreement, hereunder or under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, Agreement or any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, (f) subject to an agreement containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or F or p er so na l u se o nl y Participant in, any of its rights and or obligations under this Agreement, or (ii) any actual or prospective party counterparty (or its Related Partiesadvisors) to any swap, swap or derivative or other transaction under which payments are relating to be made by reference to the Borrower and its obligations, this Agreement or payments hereunder, (iii) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fund, (g) on a confidential basis to (i) any Rating Agency solely to with the extent required in connection with rating the consent of Borrower or its Restricted Subsidiaries or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility, (h) with the prior written consent of the Borrower, (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (j) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section or (iiy) becomes available to the Administrative Agent, any Lender, any Issuing Lender or any of their respective Affiliates from a third party that is not, to such Person’s knowledge, subject to confidentiality obligations to the Borrower, (k) to the extent that such information is independently developed by the Administrative Agent, the applicable Lender or the applicable Issuing Lender or (l) for purposes of establishing a “due diligence” defense. For purposes of this Section, “Information” means all information received from any Credit Party or any Subsidiary thereof relating to any Credit Party or any Subsidiary thereof or any of their respective businesses, other than any such information that is available to the Administrative Agent, any Lender or any Issuing Lender prior to disclosure by any Credit Party or any Subsidiary thereof other than as a result of a breach of this Section 12.10. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at the time of delivery thereof, any information received from the Borrower or any Subsidiary after the date hereof shall be deemed confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10. Any failure by any of the Administrative Agent, the Issuing Lenders or the Lenders to give any such notice to the Borrower described in this Section 12.10 shall not result in any liability on the part of the Administrative Agent, the Issuing Lenders or the Lenders.their respective

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders and the Issuing Lenders Xxxxxxx agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates and to its and its Related Parties on a need in connection with the Credit Facility, this Agreement, the transactions contemplated hereby or in connection with marketing of services by such Affiliate or Related Party to know basis Borrower or any of its Subsidiaries (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential on substantially the same terms as provided hereinconfidential), (b) upon to the request extent required or demand of requested by, or required to be disclosed to, any regulatory or similar authority purporting to have jurisdiction over such Person or any of its Affiliates Related Parties (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (in which case such Person shall, except with respect to any audit or exam conducted by bank accountants or a governmental bank regulatory authority exercising examination or regulatory authority, promptly notify Borrower, in advance to the extent practicable and lawfully permitted to do so) or in accordance with the Administrative Agent’s, the Issuing Lender’s or any Lender’s regulatory compliance policy if the Administrative Agent, the applicable Issuing Lender or such Lender, as applicable, deems such disclosure to be necessary for the applicable mitigation of claims by those authorities against the Administrative Agent, the Issuing lender or such Lender, as applicable, or any of its Related Parties (in which case, the Administrative Agent, the Issuing Lender shallor such Lender, as applicable, shall use commercially reasonably efforts to, except with respect to any audit or examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrower, in advance, to the extent practicable and lawfully otherwise permitted to do soby Applicable Law), (c) as to the extent required by Applicable Laws pursuant to a subpoena or an order of any court or administrative agency regulations or in any pending legal legal, judicial, administrative or administrative proceeding or process (other compulsory proceeding, in which case, case the Administrative Agent, the applicable Lender or the applicable Issuing Lender Person shall, to the extent permitted by Applicable Lawlaw, inform the Borrower promptly in advance thereof so to the Borrower may seek a protective order or take other appropriate actionextent practicable and lawfully permitted to do so), (d) to any other party hereto, (e) in connection with to the extent required for the exercise of any remedies under this Agreement, under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, (f) subject to an agreement containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights and obligations under this Agreement, (ii) any actual or prospective party (or its Related Parties) to any swap, derivative or other transaction under which payments are to be made by reference to the Borrower and its obligations, this Agreement or payments hereunder, (iii) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund Fund, or (v) to a Rating Agency solely to the extent it nationally recognized rating agency that requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fund, (g) on a confidential basis to (i) with Borrower’s prior written consent, any Rating Agency solely to the extent required rating agency in connection with rating the Borrower or its Restricted Subsidiaries or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility, (h) with the prior written consent of the Borrower, (i) with Borrower’s prior consent, to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (j) to the extent such Information (i) becomes publicly available other than as a result of a breach of this Section or any confidentiality agreement provided herein, or (ii) becomes available to the Administrative Agent, any Lender, any Issuing Lender or any of their respective Affiliates on a non-confidential basis from a third party that is not, to such Person’s knowledge, subject to confidentiality obligations to the Borrowerany Credit Party or its Subsidiary, (k) to governmental regulatory authorities in connection with any regulatory examination of the Administrative Agent or any Lender or in accordance with the Administrative Agent’s or any Lender’s regulatory compliance policy if the Administrative Agent or such Lender deems necessary for the mitigation of claims by those authorities against the Administrative Agent or such Lender or any of its subsidiaries or affiliates, (l) to the extent that such information is independently developed by the Administrative Agentsuch Commitment Party, the applicable Lender or the applicable Issuing Lender or (lm) for purposes of establishing a “due diligence” defense. For purposes of this Section, “Information” means all information received from any Credit Party or any Subsidiary thereof relating to any Credit Party or any Subsidiary thereof or any of their respective businesses, other than any such information that is available to the Administrative Agent, any Lender or any Issuing Lender on a nonconfidential basis prior to disclosure by any Credit Party or any Subsidiary thereof; provided that, in the case of information received from a Credit Party or any Subsidiary thereof other than as a result of a breach of this Section 12.10. The parties hereto hereby agree that unless otherwise after the date hereof, such information is clearly identified by the Borrower at the time of delivery thereof, any information received from the Borrower or any Subsidiary after the date hereof shall be deemed confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10confidential. Any failure by any Person required to maintain the confidentiality of the Administrative Agent, the Issuing Lenders or the Lenders to give any such notice to the Borrower described Information as provided in this Section 12.10 shall not result be considered to have complied with its obligation to do so if such Person has exercised the same degree of care to maintain the confidentiality of such Information as such Person would accord to its own confidential information, but in any liability on the part of the Administrative Agent, the Issuing Lenders or the Lendersno event less than reasonable care consistent with industry standards.

Treatment of Certain Information; Confidentiality. Each Lender will make no disclosure of confidential information furnished to it by the Administrative AgentBorrowers or any of their Subsidiaries, the Lenders and the Issuing Lenders agrees to maintain the confidentiality of the Information (identified as defined below)such, except that Information may be disclosed unless such information has become public, except: (a) in connection with operations under or the enforcement of this Agreement or any other Loan Document, to its Affiliates Persons who have a reasonable need to be furnished such confidential information and who agree to comply with the restrictions contained in this Section 10.07 with respect to such information and to its Related Parties on a need to know basis (it being understood that the Persons to whom extent such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential on substantially the same terms as provided herein), does not violate any applicable Laws; (b) upon the request pursuant to any statutory or demand of any regulatory authority purporting to have jurisdiction over such Person requirement or any of its Affiliates (including any self-regulatory authoritymandatory court order, such as the National Association of Insurance Commissioners) (in which case the Administrative Agent, the applicable Lender subpoena or the applicable Issuing Lender shall, except with respect to any audit or examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrower, in advance, to the extent practicable and lawfully permitted to do so), other legal process; (c) to the extent required by Applicable Laws pursuant to a subpoena any parent or an order corporate Affiliate of any court or administrative agency or in any pending legal or administrative proceeding or process (in which case, the Administrative Agent, the applicable such Lender or to any Participant, proposed Participant or proposed Assignee; provided, however, that any such Person agrees to comply with the applicable Issuing Lender shall, restrictions set forth in this Section 10.07 with respect to such information and to the extent permitted by Applicable Law, inform the Borrower promptly in advance thereof so the Borrower may seek a protective order or take other appropriate action), such disclosure does not violate any applicable Laws; (d) to any its independent counsel, auditors and other party hereto, professional advisors with an instruction to such Person to keep such information confidential; (e) in connection with the exercise of any remedies under this Agreement, under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, (f) subject to an agreement containing provisions substantially the same as similar to those of this SectionSection 10.07, to (i) any assignee of direct or Participant in, indirect counterparty in any swap agreement or any prospective assignee of or Participant in, any of its rights and obligations under this Agreement, (ii) any actual or prospective party hedging arrangement (or its Related Partiesto such contractual counterparty’s professional advisors) to any swap, derivative or other transaction under which payments are to be made by reference relating to the Borrower Loan Parties and its their obligations, this Agreement or payments hereunder, ; (iiif) with respect to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely confidential information related to the extent it requires access to information regarding tax treatment and tax structure of the Borrower and its Restricted Subsidiaries, the Loans and transactions contemplated by the Loan Documents in connection with ratings issued with respect and all materials of any kind (including opinions or other tax analyses) that are provided to an Approved Fundsuch Lender relating to such tax treatment and tax structure; provided, (g) on a confidential basis to (i) any Rating Agency solely however, that such disclosure may not be made to the extent required in connection to be kept confidential to comply with rating the Borrower any applicable federal or its Restricted Subsidiaries or the Credit Facility state securities laws; or (ii) the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility, (hg) with the prior written consent of the Borrower, (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (j) to the extent such Information (i) becomes publicly available other than as a result of a breach of this Section or (ii) becomes available to the Administrative Agent, any Lender, any Issuing Lender or any of their respective Affiliates from a third party that is notParent, to such any other Person’s knowledge, subject to confidentiality obligations to the Borrower, (k) to the extent . Each Loan Party hereby agrees that such information is independently developed by the Administrative Agent, the applicable Lender or the applicable Issuing Lender or (l) for purposes of establishing a “due diligence” defense. For purposes of this Section, “Information” means all information received from any Credit Party or any Subsidiary thereof relating to any Credit Party or any Subsidiary thereof or any of their respective businesses, other than any such information that is available to the Administrative Agent, any Lender or any Issuing Lender prior Affiliate thereof may (a) disclose a general description of transactions arising under the Loan Documents for advertising, marketing or other similar purposes, and (b) use any Loan Party’s name, logo or other indicia germane to disclosure by any Credit Party such party in connection with such advertising, marketing or any Subsidiary thereof other than as a result of a breach of this Section 12.10. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at the time of delivery thereof, any information received from the Borrower or any Subsidiary after the date hereof shall be deemed confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10. Any failure by any of the Administrative Agent, the Issuing Lenders or the Lenders to give any such notice to the Borrower described in this Section 12.10 shall not result in any liability on the part of the Administrative Agent, the Issuing Lenders or the Lenderssimilar purposes.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders and the Issuing Lenders agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) on a need to know basis to its Affiliates and to its and its Related Parties on a need to know basis (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential on substantially the same terms as provided hereinconfidential), (b) upon to the request extent required or demand of requested by, or required to be disclosed to, any regulatory or similar authority purporting to have jurisdiction over such Person or any of its Affiliates Related Parties (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (), in which case the Administrative Agent, Agent and the applicable Lender or the applicable Issuing Lender shall, except with respect to any audit or examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrower, in advance, Lenders agree to the extent practicable and lawfully permitted not prohibited by applicable law, rule, regulation or order to do so)inform the Borrower promptly of the disclosure thereof, (c) as to the extent required by Applicable Laws pursuant to a subpoena or an order of any court or administrative agency regulations or in any pending legal legal, judicial, administrative or administrative proceeding or process (other compulsory proceeds, in which case, case the Administrative Agent, Agent and the applicable Lender or the applicable Issuing Lender shall, Lenders agree to the extent permitted not prohibited by Applicable Lawapplicable law, rule, regulation or order to inform the Borrower promptly in advance thereof so of the Borrower may seek a protective order or take other appropriate action)disclosure thereof, (d) to any other party hereto, (e) in connection with the exercise of any remedies under this Agreement, under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, (f) subject to an agreement containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights and obligations under this Agreement, (ii) any actual or prospective party (or its Related Parties) to any swap, derivative or other transaction under which payments are to be made by reference to the Borrower and its obligations, this Agreement or payments hereunder, (iii) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund Fund, or (v) to a Rating Agency solely to the extent it nationally recognized rating agency that requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fund, (g) on a confidential basis to (i) any Rating Agency solely to the extent required rating agency in connection with rating the Borrower or its Restricted Subsidiaries or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility, (h) with the prior written consent of the Borrower, (i) to Gold Sheets and other similar bank trade publications, such information to consist solely of deal terms and other information customarily found in such publications, (j) to the extent such Information (i) becomes publicly available other than as a result of a breach of this Section or (ii) becomes available to the Administrative Agent, any Lender, any Issuing Lender or any of their respective Affiliates from a third party that is not, to such Person’s knowledge, subject to confidentiality obligations to the Borrower, (k) to governmental regulatory authorities in connection with any regulatory examination of the Administrative Agent or any Lender or in accordance with the Administrative Agent’s or any Lender’s regulatory compliance policy if the Administrative Agent or such Lender deems necessary for the mitigation of claims by those authorities against the Administrative Agent or such Lender or any of its subsidiaries or affiliates, (l) to the extent that such information is independently developed by the Administrative Agentsuch Commitment Party, the applicable Lender or the applicable Issuing Lender or (lm) for purposes of establishing a “due diligence” defense. For purposes of this Section, “Information” means all information received from any Credit Party or any Subsidiary thereof relating to any Credit Party or any Subsidiary thereof or any of their respective businesses, other than any such information that is available to the Administrative Agent, any Lender or any Issuing Lender on a nonconfidential basis prior to disclosure by any Credit Party or any Subsidiary thereof; provided that, in the case of information received from a Credit Party or any Subsidiary thereof other than as a result of a breach of this Section 12.10. The parties hereto hereby agree that unless otherwise after the date hereof, such information is clearly identified by the Borrower at the time of delivery thereof, any information received from the Borrower or any Subsidiary after the date hereof shall be deemed confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10confidential. Any failure by any Person required to maintain the confidentiality of the Administrative Agent, the Issuing Lenders or the Lenders to give any such notice to the Borrower described Information as provided in this Section 12.10 shall not result in any liability on be considered to have complied with its obligation to do so if 113 such Person has exercised the part same degree of care to maintain the Administrative Agent, the Issuing Lenders or the Lendersconfidentiality of such Information as such Person would accord to its own confidential information.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders Collateral Agent and the Issuing Lenders Purchasers agrees to maintain the confidentiality of of, and not disclose, the Information (as defined below), except that Information may be disclosed (a) to its Affiliates and to its Related Parties on a need to know basis (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information prior to or upon such disclosure and instructed to keep such Information confidential on substantially and the same terms Collateral Agent and Purchasers, as provided hereinapplicable, shall be responsible for any failure by such Related Parties to maintain the confidentiality thereof), (b) upon to the request extent required or demand of requested by any regulatory authority purporting to have jurisdiction over such Person or any of its Affiliates Related Parties (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (), in which case the Administrative Agentdisclosing party agrees, to the applicable Lender extent permitted by law, rule or regulation and reasonably practicable, to promptly inform the applicable Issuing Lender shallIssuer, except with respect to any audit or examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrower, in advance, to the extent practicable and lawfully permitted to do so), (c) to the extent required by Applicable Laws pursuant to a applicable laws or regulations or by any subpoena or an order of similar legal process; provided, that, (x) prior to any court or administrative agency or in any pending legal or administrative proceeding or process disclosure under this clause (in which casec), the Administrative Agent, Collateral Agent or such Purchaser agrees to endeavor to provide the applicable Lender or the applicable Issuing Lender shall, Issuer with prior notice thereof to the extent that the Collateral Agent or such Purchaser is permitted to provide such prior notice to the Issuer pursuant to the terms of applicable laws and regulations or such subpoena or legal process, as the case may be, and (y) any disclosure under this clause (c) pursuant to subpoena or similar legal process shall be limited solely to that portion of the Information as may be compelled by Applicable Law, inform the Borrower promptly in advance thereof so the Borrower may seek a protective order such subpoena or take other appropriate action)similar legal process, (d) to any other party hereto, (e) as may be reasonably necessary in connection with the exercise of any remedies under this Agreement, hereunder or under any other Loan Note Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, Agreement or any other Loan Note Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, (f) subject to an a written agreement containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant intransferee of, or any prospective assignee of or Participant intransferee of, any of its rights and obligations under this Agreement, Agreement or (ii) any actual or prospective party (or its Related Parties) to any swap, derivative or other transaction under which payments are to be made by reference to the Borrower a Note Party and its obligations, this Agreement or payments hereunder, (iii) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fund, (g) on a confidential basis to (i) any Rating Agency solely to the extent required rating agency in connection with rating the Borrower Issuer or its Restricted Subsidiaries or the Credit Facility credit facilities provided hereunder or (ii) the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring of CUSIP numbers or other market identifiers with respect to the Credit Facilitycredit facilities provided hereunder, (h) with the prior written consent of the BorrowerIssuer, (i) to Gold Sheets the members of its investment committee (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and other similar bank trade publications, instructed to keep such information to consist of deal terms and other information customarily found in such publications, Information confidential) or (j) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section or (iiy) becomes available to the Administrative Collateral Agent, any Lender, any Issuing Lender Purchaser or any of their respective Affiliates on a nonconfidential basis from a third party that source other than the Note Parties who is not, to the knowledge of the Collateral Agent or such Person’s knowledgePurchaser, subject in breach of any obligation of confidentiality to confidentiality obligations any Note Party or Subsidiary with respect to the Borrower, (k) to the extent that such information is independently developed by the Administrative Agent, the applicable Lender or the applicable Issuing Lender or (l) for purposes of establishing a “due diligence” defenseInformation. For purposes of this SectionSection 12.07, “Information” means all information received from any Credit a Note Party or any Subsidiary thereof relating to any Credit Party the Note Parties or any Subsidiary thereof or any of their respective businesses, other than any such information that is available to the Administrative Agent, any Lender Collateral Agent or any Issuing Lender Purchaser on a nonconfidential basis prior to disclosure 102 by any Credit such Note Party or any Subsidiary thereof other than as a result of a breach of this Section 12.10. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at the time of delivery thereof, any information received from the Borrower or any Subsidiary after the date hereof shall be deemed confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10Subsidiary. Any failure by any of Person required to maintain the Administrative Agentconfidentiality of, the Issuing Lenders or the Lenders to give any such notice to the Borrower described and not disclose, Information as provided in this Section 12.10 shall not result in any liability on be considered to have complied with its obligation to do so if such Person has exercised the part same degree of care to maintain the Administrative Agent, the Issuing Lenders or the Lendersconfidentiality of such Information as such Person would accord to its own confidential information.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders and the Issuing Lenders L/C Issuers agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) on a confidential and need-to-know basis to its Affiliates and to its Related Parties on a and its Affiliates’ respective partners, directors, officers, employees, agents, advisors and representatives who need to know basis such information in connection with the transactions contemplated hereby (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed will be subject to keep such Information confidential on customary confidentiality obligations of professional practice or will agree (which agreement may be oral or pursuant to company policy) to be bound by the terms of this Section 10.07 (or language substantially the same terms as provided hereinsimilar to this Section 10.07), (b) upon to the request or demand of extent requested by any regulatory authority purporting to have jurisdiction over such Person or any of its Affiliates it (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (in which case the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, except with respect to any audit or examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrower, in advancesuch Person, to the extent practicable permitted by law and lawfully permitted except where such disclosure is made in the course of routine audits or reviews by regulatory or self-regulatory authorities, shall inform the Borrower promptly) or to do soany Federal Reserve Bank or central bank in connection with a pledge or assignment pursuant to Section 10.06(f), (c) to the extent required by Applicable Laws pursuant to a subpoena or an the order of any court or administrative agency or in any pending legal or administrative proceeding proceeding, or by applicable laws (including for purposes of establishing a “due diligence” defense) or regulations or by any subpoena or similar legal process (in which case, the Administrative Agent, the applicable Lender or the applicable Issuing Lender shallcase such Person, to the extent permitted by Applicable Lawlaw, shall inform the Borrower promptly in advance thereof so the Borrower may seek a protective order or take other appropriate actionpromptly), (d) to any other party hereto, (e) in connection with the exercise of any remedies under this Agreement, hereunder or under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, Agreement or any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, (f) subject to an agreement containing provisions substantially the same as those of this SectionSection 10.07, to (i) any permitted assignee of or Participant in, or any prospective permitted assignee of or Participant in, any of its rights and or obligations under this Agreement, any Additional Revolving Credit Commitment Lender or any potential Additional Revolving Credit Commitment Lender, any New Lender or any potential New Lender or (ii) any actual or prospective party counterparty (or its Related Partiesadvisors) to any swap, swap or derivative or other transaction under which payments are to be made by reference relating to the Borrower and its obligations, this Agreement or payments hereunder, (iii) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fund, (g) on a confidential basis to (i) any Rating Agency solely to with the extent required in connection with rating consent of the Borrower or its Restricted Subsidiaries or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility, (h) with the prior written consent of the Borrower, (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (j) to the extent such Information (i) becomes publicly available other than as a result of a breach of this Section or Section, (ii) becomes available to the Administrative Agent, any Lender, any Issuing Lender L/C Issuer or any of their respective Affiliates on a basis that to its knowledge is nonconfidential from a third party that is not, to such Person’s knowledge, subject to confidentiality obligations to source other than the Borrower, Borrower or (kiii) to the extent that such information is independently developed by such Person. In addition, the Administrative AgentAgent and the Lenders may disclose the existence of this Agreement and information about this Agreement to market data collectors, similar service providers to the lending industry and service providers to the agents and the Lenders in connection with the administration of this Agreement, the applicable Lender or other Loan Documents and the applicable Issuing Lender or (l) for purposes Revolving Credit Commitments; provided that such disclosure shall in no event include information beyond the scope of establishing a “due diligence” defense. For purposes of this Section, “Information” means all information received from any Credit Party or any Subsidiary thereof relating to any Credit Party or any Subsidiary thereof or any of their respective businesses, other than any such information that is available to publicly filed with the Administrative Agent, any Lender or any Issuing Lender prior to disclosure by any Credit Party or any Subsidiary thereof other than as a result of a breach of this Section 12.10. The parties hereto hereby agree that unless otherwise clearly identified by SEC without the Borrower at the time of delivery thereof, any information received from the Borrower or any Subsidiary after the date hereof shall be deemed confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10. Any failure by any consent of the Administrative Agent, the Issuing Lenders or the Lenders to give any such notice to the Borrower described in this Section 12.10 shall not result in any liability on the part of the Administrative Agent, the Issuing Lenders or the LendersBorrower.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders Agent and the Issuing Lenders agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates Affiliates, its auditors and to its Related Parties on a need to need-to-know basis (it being understood that (i) the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential on substantially pursuant to the same terms as provided hereinhereof and (ii) the Borrower’s prior written consent shall be required prior to providing any such Information to any controlling persons or equity holders of any Arranger or Lender), (b) upon to the request extent required or demand of requested by any regulatory authority purporting to have having jurisdiction over such Person or any of its Affiliates Related Parties (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (), in which case the Administrative Agentdisclosing Person agrees to inform the Borrower promptly thereof prior to such disclosure, unless such Person is prohibited by Applicable Law from so informing the applicable Lender Borrower, or the applicable Issuing Lender shall, except in connection with respect to any request as part of any audit or examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrower, in advance, to the extent practicable and lawfully permitted to do so)examination, (c) to the extent required by Applicable Laws pursuant to a or regulations or by any subpoena or an similar legal process, in which case the disclosing Person (except in connection with any order or request as part of any court routine audit or administrative agency examination conducted by bank accountants or in any pending legal regulatory examination or administrative proceeding or process (in which case, the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, audit) agrees to the extent permitted by Applicable Law, inform the Borrower promptly in advance thereof so the Borrower may seek a protective order or take other appropriate action)prior to disclosure, (d) to any other party hereto, (e) to the extent necessary in connection with the exercise of any remedies under this Agreement, hereunder or under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, Agreement or any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, (f) subject to an agreement containing provisions substantially the same as those of this SectionSection 10.8, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights and obligations under this Agreement, (ii) potential investors and re-insurance and insurance brokers or (iii) any actual or prospective party (or its Related Parties) to any swap, derivative or other transaction under which payments are to be made by reference to the Borrower and its obligations, this Agreement or payments hereunder, (iii) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fund, (g) on a confidential basis to (i) any Rating Agency solely to the extent required rating agency in connection with rating the Borrower or its Restricted Subsidiaries or the Credit Facility credit facilities provided hereunder or (ii) the CUSIP Service Bureau or any similar agency solely in connection with the issuance application, issuance, publishing and monitoring of CUSIP numbers or other market identifiers with respect to the Credit Facilitycredit facilities provided hereunder, (h) with the prior written consent of the Borrower, Borrower or (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (j) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section or 10.8, (iiy) becomes available to the Administrative Agent, any Lender, any Issuing Lender or any of their respective Affiliates from a third party that is not, to such Person’s knowledge, subject to confidentiality obligations to the Borrower, (k) to the extent that such information is independently developed by the Administrative Agent, the applicable Lender or the applicable Issuing Lender or (l) for purposes of establishing a “due diligence” defense. For purposes of this Section, “Information” means all information received from any Credit Party or any Subsidiary thereof relating to any Credit Party or any Subsidiary thereof or any of their respective businesses, other than any such information that is available to the Administrative Agent, any Lender or any Issuing Lender prior of their respective Affiliates from a source other than the Borrower that is not to disclosure by any Credit Party the recipient’s (or any Subsidiary thereof other than as a result of a breach of this Section 12.10. The parties hereto hereby agree that unless otherwise clearly identified by its Related Party’s) knowledge subject to confidentiality obligations to the Borrower at the time or any of delivery thereof, its Related Parties or (z) is independently discovered or developed by a party hereto without utilizing any information Information received from the Borrower or any Subsidiary after violating the date hereof shall be deemed confidential unless such information shall already be publicly available other than as a result of a breach terms of this Section 12.1010.8. Any failure by any In addition, the Administrative Agent and the Lenders may disclose the existence of this Agreement and information limited solely to economic and structural terms of the Loans to market data collectors, similar service providers to the lending industry and service providers to the Administrative AgentAgent and the Lenders in connection with the administration of this Agreement, the Issuing Lenders or other Loan Documents, and the Lenders to give any such notice to the Borrower described in this Section 12.10 shall not result in any liability on the part of the Administrative Agent, the Issuing Lenders or the LendersCommitments.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders Agent and the Issuing Lenders agrees to maintain the confidentiality of of, and not disclose, the Information (as defined below), except that Information may be disclosed (a) to its Affiliates Affiliates, to its auditors and to its Related Parties on a and its Affiliates’ respective partners, directors, officers, employees, agents, advisors and representatives who need to know basis such Information in connection with this Agreement (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed will be subject to keep customary confidentiality obligations of professional practice or agree to be bound by the terms of this Section (or language substantially similar to this Section) with the disclosing party responsible for such Information confidential on substantially the same terms as provided hereinperson’s compliance with this Section), (b) upon to the request or demand of extent requested by any regulatory authority purporting to have jurisdiction over such Person or any of its Affiliates it (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (), in which case the Administrative Agentdisclosing party agrees, to the applicable Lender extent permitted by law, rule or regulation and reasonably practicable, to inform the applicable Issuing Lender shallBorrower, except with respect to any customary audit or customary examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, in advance thereof, (c) to the extent required by applicable laws or regulations or by any subpoena or similar legal process; provided that the Person required to disclose such information shall take reasonable efforts (at the Borrower’s expense) to ensure that any Information so disclosed shall be afforded confidential treatment, to the extent permitted by law, rule or regulation and reasonably practicable, to inform the Borrower, except with respect to any customary audit or customary examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrower, in advance, to the extent practicable and lawfully permitted to do so), (c) to the extent required by Applicable Laws pursuant to a subpoena or an order of any court or administrative agency or in any pending legal or administrative proceeding or process (in which case, the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, to the extent permitted by Applicable Law, inform the Borrower promptly in advance thereof so the Borrower may seek a protective order or take other appropriate action)thereof, (d) to any other party hereto, (e) in connection with the exercise of any remedies under this Agreement, hereunder or under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, Agreement or any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, (f) subject to such Person agreeing to be subject to the provisions of this Section 10.07 or an agreement containing provisions substantially the same at least as restrictive as those of this SectionSection 10.07, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights and or obligations under this Agreement, Agreement or (ii) any actual or prospective party counterparty (or its Related Partiesadvisors) to any swap, swap or derivative or other transaction under which payments are to be made by reference to the Borrower and its obligations, this Agreement or payments hereunder, (iii) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fund, (g) on a confidential basis to (i) any Rating Agency solely to the extent required in connection with rating the Borrower or its Restricted Subsidiaries or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility, (h) with the prior written consent of the Borrower, (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (j) to the extent such Information (i) becomes publicly available other than as a result of a breach of this Section or (ii) becomes available to the Administrative Agent, any Lender, any Issuing Lender or any of their respective Affiliates from a third party that is not, to such Person’s knowledge, subject to confidentiality obligations to the Borrower, (k) to the extent that such information is independently developed by the Administrative Agent, the applicable Lender or the applicable Issuing Lender or (l) for purposes of establishing a “due diligence” defense. For purposes of this Section, “Information” means all information received from any Credit Party or any Subsidiary thereof relating to any Credit Party or any Subsidiary thereof or any of their respective businesses, other than any such information that is available to the Administrative Agent, any Lender or any Issuing Lender prior to disclosure by any Credit Party or any Subsidiary thereof other than as a result of a breach of this Section 12.10. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at the time of delivery thereof, any information received from the Borrower or any Subsidiary after the date hereof shall be deemed confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10. Any failure by any of the Administrative Agent, the Issuing Lenders or the Lenders to give any such notice to the Borrower described in this Section 12.10 shall not result in any liability on the part of the Administrative Agent, the Issuing Lenders or the Lenders.67

Treatment of Certain Information; Confidentiality. Each of Lender, the Arranger and the Administrative AgentAgent agrees (on behalf of itself and each of its Affiliates, directors, officers, employees and representatives) to keep confidential any nonpublic information supplied to it by any Borrower Party; provided that nothing herein shall limit the Lenders and the Issuing Lenders agrees to maintain the confidentiality disclosure of the Information (as defined below), except that Information may be disclosed any such information: (a) to its Affiliates the extent such information is required to be disclosed by any Governmental Rule or judicial or administrative process, or to any Governmental Authority in connection with a tax audit or dispute or otherwise, (b) to counsel and/or advisors and auditors, affiliates, directors, officers, members, employees, agents, credit risk protection providers and third party service providers to its Related Parties any Lender or any Agent, in each case on a need to know confidential basis (it being understood and agreed that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information information and instructed to keep such Information information confidential on substantially and the same terms as provided herein)disclosing party shall cause such Persons to comply with the obligations of this Section 11.23, (bc) upon to the request extent such information is required to be disclosed to any banking, securities exchange or demand of any other regulatory authority purporting to have jurisdiction over such Person or any of its Affiliates supervisory authorities (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (Commissioners or any other similar organization or any nationally recognized rating agency that requires access to information about a Lender’s investment portfolio in which case the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, except connection with ratings issued with respect to any audit or examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrower, in advance, to the extent practicable and lawfully permitted to do sosuch Lender), (c) auditors or accountants having proper jurisdiction and authority to the extent required by Applicable Laws pursuant to a subpoena or an order of any court or administrative agency or in any pending legal or administrative proceeding or process (in which case, the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, to the extent permitted by Applicable Law, inform the Borrower promptly in advance thereof so the Borrower may seek a protective order or take other appropriate action)require such disclosure, (d) to any Agent or any other party heretoLender, (e) to any entity in connection with a securitization or proposed securitization of, among other things, all or a part of any amounts payable to or for the benefit of any Lender or its Affiliates under the Credit Documents so long as such entity agrees to keep such information confidential in a manner consistent with this Section 11.23, it being understood and agreed that the Persons to whom such disclosure is made will be informed of the confidential nature of such information and instructed to keep such information confidential and the disclosing party shall cause such Persons to comply with the obligations of this Section 11.23, (f) to the extent such information is required to be disclosed in connection with the exercise of any remedies under this Agreement, under any other Loan Document hereunder or under any Secured Hedge of the other Credit Documents, including without limitation upon the occurrence of any Event of Default and any enforcement or collection proceedings resulting therefrom or in connection with the negotiation of any restructuring or “work-out”, whether or not consummated, of the obligations of Co-Borrowers under this Agreement or Secured Cash Management Agreement, any other Operative Document or any suit, action or proceeding relating to this Agreement, Agreement or any other Loan Credit Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, (fg) to any actual or prospective successor Agent so long as such entity agrees to keep such information confidential in a manner consistent with this Section 11.23, or (h) subject to an agreement containing provisions substantially the same (or at least as restrictive) as those of this SectionSection 11.23, to (i) any assignee Eligible Assignee of or Participant in, or any prospective assignee Eligible Assignee of or Participant in, any of its rights and or obligations under this Agreement, (ii) Agreement or any actual or prospective party (or its Related Parties) to any swap, derivative or other transaction under which payments are to be made by reference to the any Co-Borrower or its obligations (including any credit insurance provider relating to any Co-Borrower and its obligations), in each case, to the extent not included in the previous 113 clauses (a) - (g) of this proviso, it being understood and agreed that the Persons to whom such disclosure is made will be informed of the confidential nature of such information and instructed to keep such information confidential and the disclosing party shall cause such Persons to comply with the obligations of this Section 11.23; provided that, in the event a Lender receives a summons or subpoena to disclose confidential information to any party, such Lender shall, if legally permitted, endeavor to notify the Co-Borrowers thereof as soon as possible after receipt of such request, summons or subpoena and to afford the Borrower Parties an opportunity to seek protective orders, or such other confidential treatment of such disclosed information, as the Borrower Parties may deem reasonable. In addition, Administrative Agent and the Lenders may disclose (i) the existence of this Agreement, (ii) statistical data about this Agreement or payments hereunderwithout reference to specific terms and conditions of this Agreement, and (iii) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose identity of evaluating an investment in such Approved Fund, the Lenders (ivbut not the identity of the Borrower Parties) to a trusteemarket data collectors, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fund, (g) on a confidential basis to (i) any Rating Agency solely to the extent required in connection with rating the Borrower or its Restricted Subsidiaries or the Credit Facility or (ii) the CUSIP Service Bureau or any and similar agency solely in connection with the issuance and monitoring of CUSIP numbers with respect service providers to the Credit Facilitylending industry, (h) with Administrative Agent and the prior written consent of Lenders. Notwithstanding the Borrower, (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (j) to the extent such Information (i) becomes publicly available other than as a result of a breach foregoing provisions of this Section 11.23, the foregoing obligation of confidentiality shall not apply to any such information becomes part of the public domain independently of any act of any Lender or Agent not permitted hereunder (ii) becomes available through publication or otherwise). Notwithstanding anything to the Administrative Agentcontrary set forth herein or in any other agreement to which the parties hereto are parties or by which they are bound, any Lenderobligations of confidentiality contained herein and therein, any Issuing Lender or any of their respective Affiliates from a third party that is not, to such Person’s knowledge, subject to confidentiality obligations as they relate to the Borrowertransactions contemplated by this Agreement (the “Loan Transactions”), (k) shall not apply to the extent that such information is independently developed by U.S. federal tax structure or U.S. federal tax treatment of the Administrative AgentLoan Transactions, and each party hereto (and any employee, representative, or agent of any party hereto) may disclose to any and all Persons, without limitation of any kind, the applicable Lender or U.S. federal tax structure and U.S. federal tax treatment of the applicable Issuing Lender or (l) Loan Transactions. The preceding sentence is intended to cause the Loan Transactions not to be treated as having been offered under conditions of confidentiality for purposes of establishing a “due diligence” defense. For purposes of this Section, “Information” means all information received from any Credit Party Section 1.6011‑4(b)(3) (or any Subsidiary thereof relating to any Credit Party or any Subsidiary thereof or any successor provision) of their respective businesses, other than any such information that is available to the Administrative Agent, any Lender or any Issuing Lender prior to disclosure by any Credit Party or any Subsidiary thereof other than as a result Treasury regulations promulgated under Section 6011 of a breach of this Section 12.10. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at the time of delivery thereof, any information received from the Borrower or any Subsidiary after the date hereof Code and shall be deemed confidential unless construed in a manner consistent with such information shall already be publicly available other than as a result of a breach of this Section 12.10. Any failure by any of the Administrative Agent, the Issuing Lenders or the Lenders to give any such notice to the Borrower described in this Section 12.10 shall not result in any liability on the part of the Administrative Agent, the Issuing Lenders or the Lenderspurpose.

Treatment of Certain Information; Confidentiality. Each of the Administrative AgentAgents, the Lenders and the Issuing Lenders L/C Issuer agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates and to its Related Parties and its Affiliates’ respective partners, directors, officers, employees, agents, advisors and representatives on a “need to know know” basis in connection with the transactions contemplated hereby (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed shall have agreed or otherwise be obligated to keep such Information confidential on substantially the same terms as provided hereinmaintain its confidentiality), (b) upon to the request or demand of extent requested by any regulatory authority purporting to have jurisdiction over such Person or any of its Affiliates it (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (in which case the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, except with respect to any audit or examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrower, in advance, to the extent practicable and lawfully permitted to do so), (c) to the extent required by Applicable Laws applicable laws or regulations or by any subpoena or similar legal process; provided that the Administrative Agent or such Lender, unless prohibited by any Law, shall use reasonable efforts to notify Borrower in advance of any disclosure pursuant to a subpoena or an order of any court or administrative agency or in any pending legal or administrative proceeding or process this clause (in which case, the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, c) but only to the extent permitted by Applicable Law, inform reasonably practicable under the Borrower promptly in advance thereof so circumstances and on the Borrower may seek a protective order or take other appropriate action)understanding that neither the Administrative Agent nor any Lender shall incur any liability for failure to give such notice, (d) to any other party hereto, (e) in connection with the exercise of any remedies order to enforce its rights under this Agreement, under Agreement or any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunderin a legal proceeding, (f) subject to an agreement for the benefit of Borrower containing provisions substantially the same as those of this SectionSection 10.07, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights and or obligations under this Agreement, Agreement or (ii) any actual or prospective party counterparty (or its Related Partiesadvisors) to any swap, derivative Swap Agreement with Holdings or other transaction under which payments are to be made by reference to the Borrower and its obligations, this Agreement or payments hereunder, (iii) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fundany Subsidiary, (g) on a confidential basis to (i) any Rating Agency solely to with the extent required in connection with rating the consent of Borrower or its Restricted Subsidiaries or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility, (h) with the prior written consent of the Borrower, (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (j) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section 10.07 or (iiy) becomes available to the Administrative any Agent, any Lender, any Issuing Lender the L/C Issuer or any of their respective Affiliates on a nonconfidential basis from a third party that is not, to such Person’s knowledge, subject to confidentiality obligations to the Borrower, (k) to the extent that such information is independently developed by the Administrative Agent, the applicable Lender or the applicable Issuing Lender or (l) for purposes of establishing a “due diligence” defense. For purposes of this Section, “Information” means all information received from any Credit Party or any Subsidiary thereof relating to any Credit Party or any Subsidiary thereof or any of their respective businesses, source other than any such information that is available to the Administrative Agent, any Lender or any Issuing Lender prior to disclosure by any Credit Loan Party or any Subsidiary thereof other than as a result of a breach of this Section 12.10. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at the time of delivery thereof, any information received from the Borrower or any Subsidiary after the date hereof shall be deemed confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10. Any failure by any of the Administrative Agent, the Issuing Lenders or the Lenders to give any such notice to the Borrower described in this Section 12.10 shall not result in any liability on the part of the Administrative Agent, the Issuing Lenders or the Lenderstheir Subsidiaries and Affiliates.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders and the Issuing Lenders L/C Issuer agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates and to its Related Parties on a who need to know basis such Information in connection with the transactions hereunder (it being understood and agreed that (i) the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential on substantially and (ii) the same terms Administrative Agent, the Lenders and the L/C Issuer, as provided hereinapplicable, shall be responsible for their respective Controlled or Controlling Affiliates’ failure to maintain the confidentiality of such Information), (b) upon to the request extent required or demand of requested by any regulatory authority purporting to have jurisdiction over such Person it or any of its Affiliates Related Parties (including any self-regulatory self‑regulatory authority, such as the National Association of Insurance Commissioners); provided that (i) the Administrative Agent, such Lender or the L/C Issuer, as applicable, agrees to the extent practicable and not prohibited by applicable Law to inform the Company promptly thereof prior to such disclosure and (in which case ii) notwithstanding anything to the contrary contained herein, the Administrative Agent, the applicable Lender Lenders or the applicable Issuing Lender shallL/C Issuer, except with respect and their Affiliates may disclose Information, without notice to the Company, to any audit Governmental Authority or examination conducted by bank accountants or any governmental bank self-regulatory authority exercising examination (including bank and securities examiners) having or regulatory claiming to have authority to regulate or oversee any aspect of such Person’s or its Affiliate’s business in connection with the exercise of such authority or claimed authority, promptly notify the Borrower, in advance, to the extent practicable and lawfully permitted to do so), (c) to the extent required by Applicable Laws pursuant to a applicable laws or regulations or by any subpoena or an order of any court or administrative agency or in any pending similar legal or administrative proceeding or process (in which case, the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, to the extent permitted by Applicable Law, inform the Borrower promptly in advance thereof so the Borrower may seek a protective order or take other appropriate action)process, (d) to any other party hereto, (e) in connection with the exercise of any remedies under this Agreement, hereunder or under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, Agreement or any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, (f) subject to an agreement containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights and or obligations under this Agreement, Agreement or any Eligible Assignee invited to become a Lender pursuant to Section 2.16(c) or (ii) any actual or prospective party counterparty (or its Related Partiesadvisors) to any swap, swap or derivative or other transaction under which payments are relating to be made by reference to the a Borrower and its obligations, this Agreement or payments hereunder, (iii) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fund, (g) on a confidential basis to with the written consent (iincluding by electronic mail) any Rating Agency solely to of the extent required in connection with rating the Borrower or its Restricted Subsidiaries or the Credit Facility Company or (ii) the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility, (h) with the prior written consent of the Borrower, (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (j) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section or (iiy) becomes available to the Administrative Agent, any Lender, any Issuing Lender or any of their respective Affiliates the L/C Issuer from a third party source other than the Company or any Subsidiary that is not, to such Person’s knowledge, subject to confidentiality obligations to the Borrower, (k) to the extent that such information is independently developed by knowledge of the Administrative Agent, the applicable such Lender or such L/C Issuer, as applicable, subject to a confidentiality obligation owing to the applicable Issuing Lender Company or (l) for purposes of establishing a “due diligence” defenseany Subsidiaries prohibiting disclosure with respect to such Information. For purposes of this Section, “Information” means all information received from any Credit Party the Company or any Subsidiary thereof relating to any Credit Party the Company or any Subsidiary thereof or any of their respective businesses, other than any such information that is available to the Administrative Agent, any Lender or any Issuing Lender the L/C Issuer on a 111 nonconfidential basis prior to disclosure by any Credit Party the Company or any Subsidiary thereof other than as a result Subsidiary, provided that, in the case of a breach of this Section 12.10. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at the time of delivery thereof, any written information received from the Borrower Company or any Subsidiary after the date hereof hereof, such information is clearly identified at the time of delivery as confidential. Any Person required to maintain the confidentiality of Information as provided in this Section shall be deemed considered to have complied with its obligation to do so if such Person has exercised the same degree of care to maintain the confidentiality of such Information as such Person would accord to its own confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10information. Any failure by any Each of the Administrative Agent, the Issuing Lenders and the L/C Issuer acknowledges that (a) the Information may include material non‑public information concerning the Company or a Subsidiary, as the Lenders to give any case may be, (b) it has developed compliance procedures regarding the use of material non‑public information and (c) it will handle such notice to the Borrower described material non‑public information in this Section 12.10 shall not result in any liability on the part of the Administrative Agentaccordance with applicable Law, the Issuing Lenders or the Lendersincluding Federal and state securities Laws.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders Agent and the Issuing Lenders agrees to maintain the confidentiality of the Information 139 (as defined below), except that Information may be disclosed (a) to its Affiliates and to its and its Related Parties on a who need to know basis the Information (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential on substantially the same terms as provided herein), (b) upon the request or demand of any regulatory authority purporting to have having jurisdiction over such Person or any of its their Affiliates (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (in which case the Administrative Agentif, the applicable Lender or the applicable Issuing Lender shall, except with respect to any audit or examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrower, in advance, when and solely to the extent practicable and lawfully permitted required to do so)be delivered thereto, (c) as to the extent required by Applicable Laws Laws, pursuant to a subpoena or an order of any court or administrative agency or in any pending legal or administrative proceeding or process (in which case, case each of the Administrative AgentAgent and the Lenders, the applicable Lender or the applicable Issuing Lender shallas applicable, agree to the extent permitted by Applicable Law, inform promptly notify the Borrower promptly in advance thereof so the that Borrower may seek a protective order or take other appropriate action, and the Administrative Agent and the Lenders, as applicable, will cooperate in the Borrower’s efforts to obtain a protective order or other reasonable assurance that the confidential treatment will be accorded the Information), (d) to any other party hereto, (e) if (and solely to the extent) reasonably necessary in connection with the exercise of any remedies under this Agreement, under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management AgreementDocument, or any action or proceeding relating to this Agreement, any other Loan Document or any Secured Hedge Agreement or Secured Cash Management AgreementDocument, or the enforcement of rights hereunder or thereunder, (f) subject to an agreement containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant in, or any (provided it agrees in writing in advance to be bound by this Section 12.10 or to otherwise keep such Information confidential on substantially the terms as provided herein) prospective assignee of or Participant in, any of its rights and obligations under this Agreement, or (ii) any actual or prospective party (or its Related Parties) to any swap, derivative or other transaction under which payments are to be made by reference to the Borrower and its obligations, this Agreement or payments hereunder, (iii) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency nationally recognized rating agency solely to the extent it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Term Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fund, (g) on a confidential basis to (i) any Rating Agency rating agency solely to the extent required in connection with rating the Borrower or its Restricted Subsidiaries or the Credit Term Loan Facility or (ii) the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Term Loan Facility, (h) with the prior written consent of the Borrower, (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (j) to the extent such Information (i) becomes publicly available other than as a result of a breach of this Section or (ii) becomes available to the Administrative Agent, any Lender, any Issuing Lender or any of their respective Affiliates from a third party that is not, to such Person’s knowledge, subject to confidentiality obligations to the BorrowerSection, (k) to governmental regulatory authorities in connection with any regulatory examination of the extent that such information is independently developed by Administrative Agent or any Lender or in accordance with the Administrative Agent, ’s or any Lender’s regulatory compliance policy if the applicable Administrative Agent or such Lender deems necessary for the mitigation of claims by those authorities against the Administrative Agent or such Lender or the applicable Issuing Lender any of its subsidiaries or affiliates, or (l) for purposes of establishing a “due diligence” defensedefense if, when and solely to the extent necessary. For purposes of this Section, “Information” means all information received from any Credit Party or any Subsidiary thereof relating to any Credit Party or any Subsidiary thereof or any of their respective businesses, other than any such information that is available to the Administrative Agent, any Lender Agent or any Issuing Lender prior to disclosure by any Credit Party or any Subsidiary thereof other than as a result of a breach of this Section 12.10. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at the time of delivery thereof, any information received from the Borrower or any Subsidiary after the date hereof shall be deemed confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10. Any failure by any of the Administrative Agent, the Issuing Lenders or the Lenders to give any such notice to the Borrower described in this Section 12.10 shall not result in any liability on the part of the Administrative Agent, the Issuing Lenders or the Lenders.140

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders and the Issuing Lenders L/C Issuers agrees to maintain the confidentiality of the Information (as defined below), except that the Information may be disclosed (a) to its Affiliates and to its Related Parties and its Affiliates’ respective directors, officers, employees, agents, advisors, insurers, insurance brokers, settlement service providers and other representatives on a “need to know basis basis” (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential on substantially confidential) solely in connection with the same terms transactions contemplated or permitted hereby; provided that the Administrative Agent, the Lenders or the L/C Issuers, as provided herein)the case may be, shall be responsible for their respective Affiliates’ compliance with this clause, (b) upon to the request or demand of extent requested by any regulatory authority purporting to have having jurisdiction over such Person or any of its Affiliates (including any self-regulatory authority, such as the National Association of Insurance CommissionersCommissioners or any similar organization) (or any nationally recognized rating agency that requires access to information about a Lender’s investment portfolio in which case the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, except connection with ratings issued with respect to such Lender (provided that, prior to any audit or examination conducted by bank accountants or such disclosure, such rating agency shall undertake in writing to preserve the confidentiality of any governmental bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrower, in advance, confidential Information relating to the extent practicable and lawfully permitted to do soLoan Parties), (c) to the extent required by Applicable Laws pursuant to a or regulations or by any subpoena or an order similar legal process; provided that, unless specifically prohibited by Applicable Law or court order, each Lender and the Administrative Agent shall promptly notify the Lead Borrower in advance of any court or administrative agency or in any pending legal or administrative proceeding or process (in which case, the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, to the extent permitted by Applicable Law, inform the Borrower promptly in advance thereof so the Borrower may seek a protective order or take other appropriate action)such disclosure, (d) to any other party hereto, (e) in connection with the exercise of any remedies under this Agreement, hereunder or under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, Agreement or any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, (f) subject to an agreement containing provisions substantially the same as not less restrictive than those of this SectionSection 10.23, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights and or obligations under this AgreementAgreement (provided that, for the avoidance of doubt, to the extent that the list of Prohibited Lenders is made available to all Lenders, the “Information” for purposes of this clause (f)(i) shall include the list of Prohibited Lenders) or (ii) any actual or prospective party counterparty (or its Related Partiesadvisors) to any swap, derivative or other transaction under which payments are to be made by reference Hedge Agreement relating to the Lead Borrower and its obligations, this Agreement or payments hereunder, (iii) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fund, (g) on a confidential basis with the consent of the Lead Borrower, (h) (x) to (i) any Rating Agency solely to the extent required rating agency in connection with rating the Lead Borrower or its Restricted Subsidiaries or the Credit Facility facilities evidenced by this Agreement or (iiy) the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility, (h) with the prior written consent of the Borrowerfacilities evidenced by this Agreement, (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (j) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section 10.23 or (iiy) becomes available to the Administrative Agent, any Lender, any Issuing Lender or any of their respective Affiliates on a nonconfidential basis from a third party that is notsource other than the Lead Borrower, to such Person’s knowledge, subject to confidentiality obligations to the Borrower(j) for purposes of establishing a “due diligence” defense, (k) to the extent that such information is independently developed developed, so long as not based on information obtained in a manner that would otherwise violate this Section 10.23. In addition, the Agents and the Lenders may disclose the existence of this Agreement and customary information about this Agreement to market data collectors, similar service providers to the lending industry, and service providers to the Agents and the Lenders in connection with the administration and management of this Agreement, the other Loan Documents, the Commitments, and the Credit Extensions; provided that such Person is advised of and agrees to be bound by the Administrative Agent, the applicable Lender or the applicable Issuing Lender or (l) for purposes provisions of establishing a “due diligence” defensethis Section 10.23. For purposes of this Section, “Information” means all information received from any Credit Party or any Subsidiary thereof relating to any Credit Party or any Subsidiary thereof or any of their respective businesses, other than any such information that is available to the Administrative Agent, any Lender or any Issuing Lender prior to disclosure by any Credit Party or any Subsidiary thereof other than as a result of a breach of this Section 12.10. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at the time of delivery thereof, any information received from the Borrower or any Subsidiary after the date hereof shall be deemed confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10. Any failure by any of the Administrative Agent, the Issuing Lenders or the Lenders to give any such notice to the Borrower described in this Section 12.10 shall not result in any liability on the part of the Administrative Agent, the Issuing Lenders or the Lenders.10.23,

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders Agent and the Issuing Lenders agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates and to its Related Parties on a need to know basis (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential on substantially the same terms as provided hereinconfidential), (b) upon to the request extent required or demand of requested by any regulatory authority purporting to have jurisdiction over such Person or any of its Affiliates Related Parties (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (), in which case the Administrative Agent, Agent and the applicable Lender or the applicable Issuing Lender shall, except with respect to any audit or examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrower, in advance, Lenders agree to the extent practicable and lawfully permitted not prohibited by applicable law, rule, regulation or order to do so)inform the Borrower promptly of the disclosure thereof, (c) to the extent required by Applicable Laws pursuant to a applicable laws or regulations or by any subpoena or an order of any court or administrative agency or in any pending similar legal or administrative proceeding or process (process, in which case, case the Administrative Agent, Agent and the applicable Lender or the applicable Issuing Lender shall, Lenders agree to the extent permitted not prohibited by Applicable Lawapplicable law, rule, regulation or order to inform the Borrower promptly in advance thereof so of the Borrower may seek a protective order or take other appropriate action)disclosure thereof, (d) to any other party hereto, (e) to the extent necessary in connection with the exercise of any remedies under this Agreement, hereunder or under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, Agreement or any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, (f) subject to an agreement containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights and obligations under this Agreement, Agreement or (ii) any actual or prospective party (or its Related Parties) to any swap, derivative or other transaction under which payments are to be made by reference to the Borrower and its obligations, this Agreement or payments hereunder, (iii) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fund, (g) on a confidential basis to (i) any Rating Agency solely rating agency to the extent required in connection with rating the Borrower any Loan Party or its Restricted Subsidiaries or the Credit Facility credit facilities provided hereunder or (ii) the CUSIP Service Bureau or any similar agency solely to the extent required in connection with the issuance and monitoring of CUSIP numbers or other market identifiers with respect to the Credit Facilitycredit facilities provided hereunder, (h) with the prior written consent of the Borrower, (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (j) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section or (iiy) becomes available to the Administrative Agent, any Lender, any Issuing Lender or any of their respective Affiliates from a third party source other than the Borrower that is not, to such Person’s knowledge, subject to confidentiality obligations owing to the BorrowerBorrower or any Subsidiary and prohibiting disclosure of such Information, (k) to governmental regulatory authorities to the extent required or requested in connection with any regulatory examination of the Administrative Agent, any Lender or any Issuing Lender or in accordance with the Administrative Agent’s, any Lender’s or any Issuing Lender’s regulatory compliance policy if the Administrative Agent, such Lender or such Issuing Lender deems necessary for the mitigation of claims by those authorities against the Administrative Agent, such Lender or such Issuing Lender or any of its subsidiaries or affiliates, and (l) to the extent that such information is independently developed by the Administrative Agent, the applicable Lender or the applicable Issuing Lender or (l) for purposes of establishing a “due diligence” defense. For purposes of this Section, “Information” means all information received from any Credit Party or any Subsidiary thereof relating to any Credit Party or any Subsidiary thereof or any of their respective businesses, other than any such information that is available to the Administrative Agent, any Lender or any Issuing Lender prior to disclosure by any Credit Party or any Subsidiary thereof other than as a result of a breach of this Section 12.10. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at the time of delivery thereof, any information received from the Borrower or any Subsidiary after the date hereof shall be deemed confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10. Any failure by any of the Administrative Agent, the Issuing Lenders or the Lenders to give any such notice to the Borrower described in this Section 12.10 shall not result in any liability on the part of the Administrative Agent, the Issuing Lenders or the LendersLender.

Treatment of Certain Information; Confidentiality. Each of the Administrative Agent, the Lenders and the Issuing Lenders L/C Issuer agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates and to its Related Parties on a who need to know basis such Information (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential on substantially in accordance with this Section and it is agreed to and understood that the same terms as provided hereinAgent, Lender and the L/C Issuer shall be responsible for (and liable to the Company for) any breach of this Section by any such Person), (b) upon to the request extent required or demand of requested by any regulatory authority purporting to have jurisdiction over such Person or any of its Affiliates Related Parties (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (), in which case such Person thereby requested agrees to use commercially reasonable efforts to inform the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, except with respect to any audit or examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, Company promptly notify the Borrower, in advancefollowing such request and, to the extent practicable and lawfully permitted practical, will use commercially reasonable efforts to do sonotify (unless such notice is prohibited by law or regulation) the Company prior to such disclosure (other than with respect to routine regulatory requests), (c) to the extent required by Applicable Laws pursuant to a applicable laws or regulations or by any subpoena or an order of any court or administrative agency or in any pending similar legal or administrative proceeding or process (process, in which case, case such Person thereby requested agrees to use commercially reasonable efforts to inform the Administrative Agent, the applicable Lender or the applicable Issuing Lender shallCompany promptly following such request and, to the extent permitted practical, will use commercially reasonable efforts to notify (unless such notice is prohibited by Applicable Law, inform law or regulation) the Borrower promptly in advance thereof so the Borrower may seek a protective order or take Company prior to such disclosure (other appropriate actionthan with respect to routine matters), (d) to any other party hereto, hereto (e) in connection with the exercise of any remedies under this Agreement, hereunder or under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, Agreement or any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, (f) subject to an agreement containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights and or obligations under this AgreementAgreement or any Eligible Assignee invited to be a Lender pursuant to Section 2.15(c); provided that such assignee, Participant, prospective assignee, invited Eligible Assignee or prospective Participant agrees to use the information solely for evaluating its investment hereunder and is advised of and agrees to be bound by the provisions of this Section 10.08, or (ii) any actual or prospective party (or its Related Parties) to any swap, derivative or other transaction under which payments are to be made by reference to the Borrower Company and its obligations, this Agreement or payments hereunder, hereunder (iii) provided that such party agrees to an investor or prospective investor in an Approved Fund that also agrees that use the Information shall be used so disclosed solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fundsuch transaction and is advised of and agrees to be bound by the provisions of this Section 10.08), (g) on a confidential basis to (i) any Rating Agency solely to the extent required rating agency in connection with rating the Borrower Company or its Restricted Subsidiaries or the Credit Facility Facilities or (ii) the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring of CUSIP numbers or other market identifiers with respect to the Credit FacilityFacilities; provided that, such counterparty agrees to use the Information so disclosed solely with respect to such transaction and is advised of and agrees to be bound by the provisions of this Section 10.08, (h) with the prior written consent of the Borrower, Company or (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (j) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section or (iiy) becomes available to the Administrative Agent, any Lender, any Issuing Lender the L/C Issuer or any of their respective Affiliates on a nonconfidential basis from a third party source other than the Company that is not, not known to such Person’s knowledge, be subject to a confidentiality obligations to or similar agreement with the Borrower, (k) to the extent that such information is independently developed by the Administrative Agent, the applicable Lender or the applicable Issuing Lender or (l) for purposes of establishing a “due diligence” defense. For purposes of this Section, “Information” means all information received from any Credit Party or any Subsidiary thereof relating to any Credit Party or any Subsidiary thereof Company or any of their respective businesses, other than any such information that is available to the Administrative Agent, any Lender or any Issuing Lender prior to disclosure by any Credit Party or any Subsidiary thereof other than as a result of a breach of this Section 12.10. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at the time of delivery thereof, any information received from the Borrower or any Subsidiary after the date hereof shall be deemed confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10. Any failure by any of the Administrative Agent, the Issuing Lenders or the Lenders to give any such notice to the Borrower described in this Section 12.10 shall not result in any liability on the part of the Administrative Agent, the Issuing Lenders or the Lendersits Subsidiaries.

Treatment of Certain Information; Confidentiality. Each of the Administrative AgentAgents, the Lenders and the Issuing Lenders each L/C Issuer agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates and to its Related Parties on a need to know basis and its Affiliates’ respective partners, directors, officers, employees, agents, advisors, managing members or managers, counsel, accountants and other representatives (collectively, “Representatives”) (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential on substantially the same terms as provided hereinconfidential), (b) upon to the request extent requested by any Governmental Authority or demand of any regulatory authority purporting to have jurisdiction over such Person or any of its Affiliates (including any self-regulatory authority, such as the National Association of Insurance Commissioners) (in which case case, the Administrative Agent, the applicable Agent or such Lender or the applicable Issuing Lender shallL/C Issuer, except with respect as applicable, shall use reasonable efforts to any audit or examination conducted by bank accountants or any governmental bank regulatory authority exercising examination or regulatory authority, promptly notify the Borrower, in advance, Borrower prior to such disclosure to the extent practicable and lawfully legally permitted to do so), (c) to the extent required by Applicable applicable Laws pursuant to a or by any subpoena or an order of any court or administrative agency or in any pending similar legal or administrative proceeding or process (in which case, the Administrative Agent, the applicable Lender or the applicable Issuing Lender shall, to the extent permitted by Applicable Law, inform the Borrower promptly in advance thereof so the Borrower may seek a protective order or take other appropriate action)process, (d) to any other party hereto, (e) in connection with the exercise of any remedies under this Agreement, hereunder or under any other Loan Document or under any Secured Hedge Agreement or Secured Cash Management Agreement, or any action or proceeding relating to this Agreement, Agreement or any other Loan Document or any Secured Hedge Agreement or Secured Cash Management Agreement, or the enforcement of rights hereunder or thereunder, (f) (i) any rating agency or CUSIP bureau , and (ii) subject to an agreement containing provisions substantially the same as those of this SectionSection 10.07, to (iother than a Disqualified Institution) (x) any assignee of or Participant inin (or their Representatives, it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential), or any prospective assignee of or Participant inin (or their Representatives, it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential) any of its rights and or obligations under this Agreement, Agreement or (iiy) any actual or prospective party counterparty (or its Related PartiesRepresentatives, it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential) to any swap, swap or derivative or other transaction under which payments are to be made by reference relating to the Borrower and its obligations, this Agreement or payments hereunder, (iii) to an investor or prospective investor in an Approved Fund that also agrees that Information shall be used solely for the purpose of evaluating an investment in such Approved Fund, (iv) to a trustee, collateral manager, servicer, backup servicer, noteholder or secured party in an Approved Fund in connection with the administration, servicing and reporting on the assets serving as collateral for an Approved Fund or (v) to a Rating Agency solely to the extent it requires access to information regarding the Borrower and its Restricted Subsidiaries, the Loans and the Loan Documents in connection with ratings issued with respect to an Approved Fund, (g) on a confidential basis to (i) any Rating Agency solely to with the extent required in connection with rating consent of the Borrower or its Restricted Subsidiaries or the Credit Facility or (ii) the CUSIP Service Bureau or any similar agency solely in connection with the issuance and monitoring of CUSIP numbers with respect to the Credit Facility, (h) with the prior written consent of the Borrower, (i) to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications, (j) to the extent such Information (ix) becomes publicly available other than as a result of a breach of this Section or (iiy) becomes available to the Administrative Agent, any Lender, any Issuing Lender the L/C Issuer or any of their respective Affiliates on a nonconfidential basis from a third party that is not, to such Person’s knowledge, subject to confidentiality obligations to source other than the Borrower, (k) to the extent that such information is independently developed by the Administrative Agent, the applicable Lender or the applicable Issuing Lender or (l) for purposes of establishing a “due diligence” defense. For purposes of this Section, “Information” means all information received from any Credit Party the Borrower or any Subsidiary thereof of its Subsidiaries relating to any Credit Party the Borrower or any Subsidiary thereof of its Subsidiaries or any of their respective businesses, other than any such information that is available to the Administrative Agent, any Lender or any Issuing Lender the L/C Issuer on a nonconfidential basis prior to disclosure by any Credit Party or any Subsidiary thereof other than as a result of a breach of this Section 12.10. The parties hereto hereby agree that unless otherwise clearly identified by the Borrower at the time of delivery thereof, any information received from the Borrower or any Subsidiary after the date hereof shall be deemed confidential unless such information shall already be publicly available other than as a result of a breach of this Section 12.10its Subsidiaries. Any failure by any Person required to maintain the confidentiality of the Administrative Agent, the Issuing Lenders or the Lenders to give any such notice to the Borrower described Information as provided in this Section 12.10 shall not result in any liability on be considered to have complied with its obligation to do so if such Person has exercised the part same degree of care to maintain the Administrative Agent, the Issuing Lenders or the Lendersconfidentiality of such Information as such Person would accord to its own confidential information.