Common use of Treatment of Certain Information Clause in Contracts

Treatment of Certain Information. The Bank agrees with each Borrower to use reasonable precautions to keep confidential, in accordance with the Bank’s customary procedures for handling confidential information of the same nature, all non-public information supplied by such Borrower pursuant to this Credit Agreement which (a)(i) is clearly identified by such Person as being confidential at the time the same is delivered to the Bank, or (ii) constitutes any financial statement, list of investments or other assets, financial projections or forecasts, budget, compliance certificate, audit report, draft press release, management letter or accountants’ certification delivered hereunder, and (b) as of any date of determination, was received by the Bank within the immediately preceding two year period (“Information”), provided, however, that nothing herein shall limit the disclosure of any such Information (i) to such of its respective Related Parties as need to know such Information, (ii) to the extent required by applicable laws or regulations or by any subpoena or similar legal process, or requested by any bank regulatory authority, (iii) on a confidential basis, to prospective lenders or their counsel, (iv) to auditors or accountants, and any analogous counterpart thereof, (v) in connection with any litigation to which the Bank is a party, (vi) to the extent such Information (A) becomes publicly available other than as a result of a breach of this Credit Agreement, (B) becomes available to the Bank on a non-confidential basis from a source other than such Borrower, or (C) was available to the Bank on a non-confidential basis prior to its disclosure to the Bank by such Borrower; and (vii) to the extent such Borrower shall have consented to such disclosure in writing. The Bank acknowledges that Information furnished to it pursuant to this Credit Agreement may include material non-public information concerning such Borrower, its Related Parties or such Borrower’s securities, and confirms that it has developed compliance procedures regarding the use of material non-public information and that it will handle such material non-public information in accordance with those procedures and applicable law. Notwithstanding anything to the contrary contained in any Loan Document, no provision thereof shall (1) restrict the Bank from providing information to Federal Reserve supervisory staff, (2) require or permit, without the prior approval of the Federal Reserve, the Bank to disclose to such Borrower or any affiliate that any information will be or was provided to Federal Reserve supervisory staff, or (3) require or permit, without the prior approval of the Federal Reserve, the Bank to inform such Borrower or any affiliate of a current or upcoming Federal Reserve examination or any nonpublic Federal Reserve supervisory initiative or action. Nothing in this Credit Agreement or the Loan Documents shall prevent any of the parties hereto and their respective directors, officers, employees, agents and advisors from disclosing to any and all Persons the Tax treatment and Tax structure of the transactions contemplated by this Credit Agreement.

Treatment of Certain Information. The Bank Each Lender, the Issuer and the Administrative Agent agrees with each Borrower to use reasonable precautions maintain as confidential and not to keep confidentialdisclose, in accordance with publish or disseminate to any third parties any financial or other information relating to the Bank’s customary procedures for handling confidential information business, operations and condition, financial or otherwise, of the same natureBorrower provided to it, all non-except if and to the extent that: (a) such information is in the public information supplied by such Borrower pursuant to this Credit Agreement which (a)(i) is clearly identified by such Person as being confidential domain at the time the same is delivered to the Bank, or (ii) constitutes any financial statement, list of investments or other assets, financial projections or forecasts, budget, compliance certificate, audit report, draft press release, management letter or accountants’ certification delivered hereunder, and disclosure; (b) as of any date of determination, was received such information is required to be disclosed by the Bank within the immediately preceding two year period (“Information”), provided, however, that nothing herein shall limit the disclosure of any such Information (i) to such of its respective Related Parties as need to know such Information, (ii) to the extent required by applicable laws or regulations or by any subpoena or similar legal process, process or applicable law or regulations; (c) such information is required or requested by to be disclosed to any bank regulatory authority, or administrative body or commission to whose jurisdiction it may be subject; (iiid) on a confidential basis, such information is disclosed to prospective lenders or their its counsel, (iv) to auditors or accountantsother professional advisors; (e) such information is disclosed to (and, unless and any analogous counterpart thereofuntil it receives written objection from the Borrower, the Borrower shall be deemed to have consented to disclosure of such information to) its affiliates (vand its affiliates’ officers, directors and employees), provided that such information shall be used in connection with this Agreement and the transactions contemplated hereby; (f) such information is disclosed to its officers, directors and employees; (g) such information is disclosed with the prior written consent of the party furnishing the information; (h) such information is disclosed in connection with any litigation or dispute involving the Borrower and/or it; (i) such information is disclosed in connection with the sale of a participation or other disposition by it of any of its interest in this Agreement, provided that such information shall not be disclosed unless and until the party to which whom it shall be disclosed shall have agreed to keep such information confidential as set forth herein; (j) such information was in its possession or in its affiliate’s possession as shown by clear and convincing evidence prior to any of the Bank Borrower and/or any or the Borrower’s representatives or agents furnishing such information to it; or (k) such information is received by it, without restriction as to its disclosure or use, from a partyPerson who, (vi) to its knowledge or reasonable belief, was not prohibited from disclosing such information by any duty of confidentiality. Except to the extent such Information (A) becomes publicly available other than prohibited or restricted by law or Governmental Authority, each Lender shall notify the Borrower promptly of any disclosures of information made by it as a result of a breach of this Credit Agreement, (B) becomes available to the Bank on a non-confidential basis from a source other than such Borrower, or (C) was available to the Bank on a non-confidential basis prior to its disclosure to the Bank by such Borrower; and (vii) to the extent such Borrower shall have consented to such disclosure in writing. The Bank acknowledges that Information furnished to it permitted pursuant to this Credit Agreement may include material non-public information concerning such Borrower, its Related Parties or such Borrower’s securities, and confirms that it has developed compliance procedures regarding the use of material non-public information and that it will handle such material non-public information in accordance with those procedures and applicable law. Notwithstanding anything to the contrary contained in any Loan Document, no provision thereof shall (1h) restrict the Bank from providing information to Federal Reserve supervisory staff, (2) require or permit, without the prior approval of the Federal Reserve, the Bank to disclose to such Borrower or any affiliate that any information will be or was provided to Federal Reserve supervisory staff, or (3) require or permit, without the prior approval of the Federal Reserve, the Bank to inform such Borrower or any affiliate of a current or upcoming Federal Reserve examination or any nonpublic Federal Reserve supervisory initiative or action. Nothing in this Credit Agreement or the Loan Documents shall prevent any of the parties hereto and their respective directors, officers, employees, agents and advisors from disclosing to any and all Persons the Tax treatment and Tax structure of the transactions contemplated by this Credit Agreementabove.

Treatment of Certain Information. The Bank agrees with each Borrower to use reasonable precautions to keep confidential, in accordance with the Bank’s customary procedures for handling confidential information of the same nature, all non-public information supplied by such the Borrower pursuant to this Credit Agreement which (a)(ia) (i) is clearly identified by such Person as being confidential at the time the same is delivered to the Bank, or (ii) constitutes any financial statement, list of investments or other assets, financial projections or forecasts, budget, compliance certificate, audit report, draft press release, management letter or accountants’ certification delivered hereunder, and (b) as of any date of determination, was received by the Bank within in connection with this Credit Agreement and the immediately preceding two year period transactions contemplated herein (“Information”), provided, however, that nothing herein shall limit the disclosure of any such Information (i) on a confidential basis, to such of its respective service providers and Related Parties as need to know such Informationand including any securitization counterparties and or/insurance providers, (ii) to the extent required by applicable laws Laws or regulations or by any subpoena or similar legal process, or requested by any bank regulatory authorityauthority (in which case the Bank agrees to use commercially reasonable efforts to inform the Borrower promptly thereof), (iii) on a confidential basis, to prospective lenders or lenders, participants and/or their counsel, (iv) to auditors or accountants, and any analogous counterpart thereof, (v) in connection with any litigation to which the Bank is a party, (vi) to the extent such Information (A) becomes publicly available other than as a result of a breach of this Credit Agreement, (B) becomes available to the Bank on a non-confidential basis from a source other than such the Borrower, or (C) was available to the Bank on a non-confidential basis prior to its disclosure to the Bank by such the Borrower; and (vii) to the extent such the Borrower shall have consented to such disclosure in writing. The Bank acknowledges that Information furnished to it pursuant to this Credit Agreement may include material non-public information concerning such the Borrower, its Related Parties or such the Borrower’s securities, and confirms that it has developed compliance procedures regarding the use of material non-public information and that it will handle such material non-public information in accordance with those procedures and applicable lawLaw. Notwithstanding anything to the contrary contained in any Loan Document, no provision thereof shall (1) restrict the Bank from providing information to Federal Reserve supervisory staff, (2) require or permit, without the prior approval of the Federal Reserve, the Bank to disclose to such the Borrower or any affiliate that any information will be or was provided to Federal Reserve supervisory staff, or (3) require or permit, without the prior approval of the Federal Reserve, the Bank to inform such the Borrower or any affiliate of a current or upcoming Federal Reserve examination or any nonpublic Federal Reserve supervisory initiative or action. Nothing in this Credit Agreement or the Loan Documents shall prevent any of the parties hereto and their respective directors, officers, employees, agents and advisors from disclosing to any and all Persons the Tax treatment and Tax structure of the transactions contemplated by this Credit Agreement.

Treatment of Certain Information. The Bank agrees with each Borrower to use reasonable precautions to keep confidential, in accordance with the Bank’s customary procedures for handling confidential information of the same nature, all non-public information supplied by such Borrower pursuant to this Credit Agreement which (a)(i) is clearly identified by such Person as being confidential at the time the same is delivered to the Bank, or (ii) constitutes any financial statement, list of investments or other assets, financial projections or forecastsProjections, budget, compliance certificate, audit report, draft press release, management letter or accountants’ certification delivered hereunder, and (b) as of any date of determination, was received by the Bank within the immediately preceding two year period (“Information”), provided, however, that nothing herein shall limit the disclosure of any such Information (i) on a confidential basis, to such of its respective Related Parties as need to know such Informationand service providers, (ii) to the extent required by applicable laws or regulations or by any subpoena or similar legal process, or requested by any bank regulatory authority, (iii) on a confidential basis, to prospective lenders or their counsel, (iv) to auditors or accountants, and any analogous counterpart thereof, (v) in connection with any litigation to which the Bank is a party, (vi) to the extent such Information (A) becomes publicly available other than as a result of a breach of this Credit Agreement, (B) becomes available to the Bank on a non-confidential basis from a source other than such Borrower, or (C) was available to the Bank on a non-confidential basis prior to its disclosure to the Bank by such Borrower; and (vii) to the extent such Borrower shall have consented to such disclosure in writing. The Bank agrees that it will not purchase or sell securities of any Borrower for its own account while in possession of any Information with respect to such Borrower. The Bank acknowledges that Information furnished to it pursuant to this Credit Agreement may include material non-public information concerning such Borrower, its Related Parties or such Borrower’s securities, and confirms that it has developed compliance procedures regarding the use of material non-public information and that it will handle such material non-public information in accordance with those procedures and applicable law. Notwithstanding anything to the contrary contained in any Loan Document, no provision thereof shall (1) restrict the Bank from providing information to Federal Reserve supervisory staff, (2) require or permit, without the prior approval of the Federal Reserve, the Bank to disclose to such Borrower or any affiliate that any information will be or was provided to Federal Reserve supervisory staff, or (3) require or permit, without the prior approval of the Federal Reserve, the Bank to inform such Borrower or any affiliate of a current or upcoming Federal Reserve examination or any nonpublic Federal Reserve supervisory initiative or action. Nothing in this Credit Agreement or the Loan Documents shall prevent any of the parties hereto and their respective directors, officers, employees, agents and advisors from disclosing to any and all Persons the Tax treatment and Tax structure of the transactions contemplated by this Credit Agreement.

Treatment of Certain Information. The Bank Each Credit Party agrees with each Borrower to use reasonable precautions maintain as confidential and not to keep confidentialdisclose, in accordance with publish or disseminate to any third parties any financial or other information relating to the Bank’s customary procedures for handling confidential information business, operations and condition, financial or otherwise, of the same natureBorrower provided to it, all non-except if and to the extent that: (a) such information is in the public information supplied by such Borrower pursuant to this Credit Agreement which (a)(i) is clearly identified by such Person as being confidential domain at the time the same is delivered to the Bank, or (ii) constitutes any financial statement, list of investments or other assets, financial projections or forecasts, budget, compliance certificate, audit report, draft press release, management letter or accountants’ certification delivered hereunder, and disclosure; (b) as of any date of determination, was received such information is required to be disclosed by the Bank within the immediately preceding two year period (“Information”), provided, however, that nothing herein shall limit the disclosure of any such Information (i) to such of its respective Related Parties as need to know such Information, (ii) to the extent required by applicable laws or regulations or by any subpoena or similar legal process, process or applicable law or regulations; (c) such information is required or requested by to be disclosed to any bank regulatory authority, or administrative body or commission to whose jurisdiction it may be subject; (iiid) on a confidential basis, such information is disclosed to prospective lenders or their its counsel, (iv) to auditors or accountantsother professional advisors; (e) such information is disclosed to (and, unless and any analogous counterpart thereofuntil it receives written objection from the Borrower, the Borrower shall be deemed to have consented to disclosure of such information to) its affiliates (vand its affiliates’ officers, directors and employees), provided that such information shall be used in connection with this Agreement and the transactions contemplated hereby; (f) such information is disclosed to its officers, directors and employees; (g) such information is disclosed with the prior written consent of the party furnishing the information; (h) such information is disclosed in connection with any litigation or dispute involving the Borrower and/or it; (i) such information is disclosed in connection with the sale of a participation or other disposition by it of any of its interest in this Agreement, provided that such information shall not be disclosed unless and until the party to which whom it shall be disclosed shall have agreed to keep such information confidential as set forth herein; (j) such information was in its possession or in its affiliate’s possession as shown by clear and convincing evidence prior to any of the Bank Borrower and/or any or the Borrower’s representatives or agents furnishing such information to it; or (k) such information is received by it, without restriction as to its disclosure or use, from a partyPerson who, (vi) to its knowledge or reasonable belief, was not prohibited from disclosing such information by any duty of confidentiality. Except to the extent such Information (A) becomes publicly available other than prohibited or restricted by law or Governmental Authority, each Lender shall notify the Borrower promptly of any disclosures of information made by it as a result of a breach of this Credit Agreement, (B) becomes available to the Bank on a non-confidential basis from a source other than such Borrower, or (C) was available to the Bank on a non-confidential basis prior to its disclosure to the Bank by such Borrower; and (vii) to the extent such Borrower shall have consented to such disclosure in writing. The Bank acknowledges that Information furnished to it permitted pursuant to this Credit Agreement may include material non-public information concerning such Borrower, its Related Parties or such Borrower’s securities, and confirms that it has developed compliance procedures regarding the use of material non-public information and that it will handle such material non-public information in accordance with those procedures and applicable law. Notwithstanding anything to the contrary contained in any Loan Document, no provision thereof shall (1h) restrict the Bank from providing information to Federal Reserve supervisory staff, (2) require or permit, without the prior approval of the Federal Reserve, the Bank to disclose to such Borrower or any affiliate that any information will be or was provided to Federal Reserve supervisory staff, or (3) require or permit, without the prior approval of the Federal Reserve, the Bank to inform such Borrower or any affiliate of a current or upcoming Federal Reserve examination or any nonpublic Federal Reserve supervisory initiative or action. Nothing in this Credit Agreement or the Loan Documents shall prevent any of the parties hereto and their respective directors, officers, employees, agents and advisors from disclosing to any and all Persons the Tax treatment and Tax structure of the transactions contemplated by this Credit Agreementabove.

Treatment of Certain Information. The Bank Each Lender agrees with each Borrower to use reasonable precautions to keep confidential, in accordance with the Banksuch Lender’s customary procedures for handling confidential information of the same nature, all non-public information supplied by such Borrower the Borrowers pursuant to this Credit Agreement which (a)(i) is clearly identified by such Person as being confidential at the time the same is delivered to the Banksuch Lender, or (ii) constitutes any financial statement, list of investments or other assets, financial projections or forecasts, budget, compliance certificate, audit report, draft press release, management letter or accountants’ certification delivered hereunder, and (b) as of any the date of determination, was received by the Bank such Lender within the immediately preceding two year period (“Information”), provided, however, provided that nothing herein shall limit the disclosure of any such Information (i) to such of its respective Related Parties Parties, or (on a confidential basis) to any direct, indirect or prospective counterparty (and its advisor), to any swap, derivative or securitization transaction related to the obligations under this Credit Agreement, as need to know such Information, (ii) to the extent required by applicable laws or regulations or by any subpoena or similar legal process, or requested by any bank regulatory authority, (iii) on a confidential basis, to prospective lenders or participants or their counsel, (iv) to auditors or accountants, and any analogous counterpart thereof, (v) in connection with any litigation to which the Bank such Lender is a party, (vi) on a confidential basis, to any rating agency, insurer or insurance broker, or direct or indirect provider of credit protection to a Lender or any of its Related Parties, (vii) to the extent such Information (A) becomes publicly available other than as a result of a breach of this Credit Agreement, (B) becomes available to the Bank such Lender on a non-confidential basis from a source other than such a Borrower, or (C) was available to the Bank such Lender on a non-confidential basis prior to its disclosure to the Bank such Lender by such a Borrower; and (viiviii) to the extent such Borrower the Borrowers shall have consented to such disclosure in writing. The Bank Each Lender agrees that it will not purchase or sell securities of a Fund for its own account while in possession of any Information. Each Lender acknowledges that Information furnished to it pursuant to this Credit Agreement may include material non-public information concerning such a Borrower, its Related Parties or such Borrower’s a Related Fund, or its securities, and confirms that it has developed compliance procedures regarding the use of material non-public information and that it will handle such material non-public information in accordance with those procedures and applicable law. Notwithstanding anything to the contrary contained in any Loan Credit Document, no provision thereof shall (1) restrict the Bank any Lender from providing information to Federal Reserve supervisory staff, (2) require or permit, without the prior approval of the Federal Reserve, the Bank any Lender to disclose to such any Borrower, any Affiliate of any Borrower or any affiliate Fund that any information will be or was provided to Federal Reserve supervisory staff, or (3) require or permit, without the prior approval of the Federal Reserve, the Bank any Lender to inform such any Borrower, any Affiliate of any Borrower or any affiliate Fund of a current or upcoming Federal Reserve examination or any nonpublic Federal Reserve supervisory initiative or action. Nothing in this Credit Agreement or the Loan Documents shall prevent any of the parties hereto and their respective directors, officers, employees, agents and advisors from disclosing to any and all Persons the Tax treatment and Tax structure of the transactions contemplated by this Credit Agreement.

Treatment of Certain Information. The Bank agrees with each Borrower to use reasonable precautions to keep confidential, in accordance with the Bank’s customary procedures for handling confidential information of the same nature, all non-public information supplied by such the Borrower pursuant to this Credit Agreement which (a)(i) is clearly identified by such Person as being confidential at the time the same is delivered to the Bank, or (ii) constitutes any financial statement, list of investments or other assets, financial projections or forecasts, budget, compliance certificate, audit report, draft press release, management letter or accountants’ certification delivered hereunder, and (b) as of any date of determination, was received by the Bank within the immediately preceding two year period (“Information”), provided, however, that nothing herein shall limit the disclosure of any such Information (i) to such of its respective Related Parties as need to know such InformationInformation and agree to keep such information confidential, (ii) to the extent required by applicable laws or regulations or by any subpoena or similar legal process, or requested by any bank regulatory authority, (iii) on a confidential basis, to prospective lenders or their counsel, (iv) to auditors or accountants, and any analogous counterpart thereof, (v) in connection with any litigation to which the Bank is a party, (vi) to the extent such Information (A) becomes publicly available other than as a result of a breach of this Credit Agreement, (B) becomes available to the Bank on a non-confidential basis from a source other than such the Borrower, or (C) was available to the Bank on a non-confidential basis prior to its disclosure to the Bank by such the Borrower; and (vii) to the extent such the Borrower shall have consented to such disclosure in writing. The Bank acknowledges that Information furnished to it pursuant to this Credit Agreement may include material non-public information concerning such the Borrower, its Related Parties or such the Borrower’s 's securities, and confirms that it has developed compliance procedures regarding the use of material non-public information and that it will handle such material non-public information in accordance with those procedures and applicable law. Notwithstanding anything to the contrary contained in any Loan Document, no provision thereof shall (1) restrict the Bank from providing information to Federal Reserve Board of Governors supervisory staff, (2) require or permit, without the prior approval of the Federal ReserveBoard of Governors, the Bank to disclose to such the Borrower or any affiliate that any information will be or was provided to Federal Reserve Board of Governors supervisory staff, or (3) require or permit, without the prior approval of the Federal ReserveBoard of Governors, the Bank to inform such the Borrower or any affiliate of a current or upcoming Federal Reserve Board of Governors examination or any nonpublic Federal Reserve Board of Governors supervisory initiative or action. Nothing in this Credit Agreement or the Loan Documents shall prevent any of the parties hereto and their respective directors, officers, employees, agents and advisors from disclosing to any and all Persons the Tax treatment and Tax structure of the transactions contemplated by this Credit Agreement.

Treatment of Certain Information. The Bank Each Credit Party agrees with each the Borrower to use reasonable precautions to keep confidential, in accordance with the Banksuch Credit Party’s customary procedures for handling confidential information of the same nature, all non-public information supplied by such the Borrower pursuant to this Credit Agreement which (a)(i) is clearly identified by such Person as being confidential at the time the same is delivered to the Bank, or (iia) constitutes any financial statement, list of investments or other assets, financial projections or forecasts, budget, compliance certificate, audit report, draft press release, management letter or accountants’ certification delivered hereunder, and (b) as of any date of determination, was received by the Bank such Credit Party within the immediately preceding two year period (“Information”), provided, however, that nothing herein shall limit the disclosure of any such Information (i) on a confidential basis, to such of its respective Related Parties as need to know such Informationand service providers, (ii) on a confidential basis, to any direct, indirect or prospective counterparty (and its advisors), to any swap, derivative or securitization transaction related to the obligations under this Credit Agreement, (iii) to the extent required by applicable laws or regulations or by any subpoena or similar legal process, or requested by any bank regulatory authority, (iiiiv) on a confidential basis, to prospective lenders or participants or their counsel, (ivv) to auditors or accountants, and any analogous counterpart thereof, (vvi) on a confidential basis, to any rating agency, insurer or insurance broker, or direct or indirect provider of credit protection to a Credit Party or any of its Related Parties, (vii) in connection with any litigation to which the Bank such Credit Party is a party, (viviii) to the extent such Information (A) becomes publicly available other than as a result of a breach of this Credit Agreement, (B) becomes available to the Bank such Credit Party on a non-confidential basis from a source other than such the Borrower, or (C) was available to the Bank such Credit Party on a non-confidential basis prior to its disclosure to such Credit Party by the Bank by such Borrower; and (viiix) to the extent such the Borrower shall have consented to such disclosure in writing. The Bank Each Credit Party acknowledges that Information furnished to it pursuant to this Credit Agreement may include material non-public information concerning such the Borrower, its Related Parties or such the Borrower’s securities, and confirms that it has developed compliance procedures regarding the use of material non-public information and that it will handle such material non-public information in accordance with those procedures and applicable law. Notwithstanding anything to the contrary contained in any Loan Document, no provision thereof shall (1) restrict the Bank any Credit Party from providing information to Federal Reserve supervisory staff, (2) require or permit, without the prior approval of the Federal Reserve, the Bank any Credit Party to disclose to such the Borrower or any affiliate that any information will be or was provided to Federal Reserve supervisory staff, or (3) require or permit, without the prior approval of the Federal Reserve, the Bank any Credit Party to inform such the Borrower or any affiliate of a current or upcoming Federal Reserve examination or any nonpublic Federal Reserve supervisory initiative or action. Nothing in this Credit Agreement or the Loan Documents shall prevent any of the parties hereto and their respective directors, officers, employees, agents and advisors from disclosing to any and all Persons the Tax treatment and Tax structure of the transactions contemplated by this Credit Agreement.

Treatment of Certain Information. The Bank Each Lender and the Administrative Agent agrees with each Borrower to use reasonable precautions maintain as confidential and not to keep confidentialdisclose, in accordance with publish or disseminate to any third parties any financial or other information relating to the Bank’s customary procedures for handling confidential information business, operations and condition, financial or otherwise, of the same natureBorrower provided to it, all non-except if and to the extent that: (a) such information is in the public information supplied by such Borrower pursuant to this Credit Agreement which (a)(i) is clearly identified by such Person as being confidential domain at the time the same is delivered to the Bank, or (ii) constitutes any financial statement, list of investments or other assets, financial projections or forecasts, budget, compliance certificate, audit report, draft press release, management letter or accountants’ certification delivered hereunder, and disclosure; (b) as of any date of determination, was received such information is required to be disclosed by the Bank within the immediately preceding two year period (“Information”), provided, however, that nothing herein shall limit the disclosure of any such Information (i) to such of its respective Related Parties as need to know such Information, (ii) to the extent required by applicable laws or regulations or by any subpoena or similar legal process, process or applicable law or regulations; (c) such information is required or requested by to be disclosed to any bank regulatory authority, or administrative body or commission to whose jurisdiction it may be subject; (iiid) on a confidential basis, such information is disclosed to prospective lenders or their its counsel, (iv) to auditors or accountantsother professional advisors; (e) such information is disclosed to (and, unless and any analogous counterpart thereofuntil it receives written objection from the Borrower, the Borrower shall be deemed to have consented to disclosure of such information to) its affiliates (vand its affiliates’ officers, directors and employees), provided that such information shall be used in connection with this Agreement and the transactions contemplated hereby; (f) such information is disclosed to its officers, directors and employees; (g) such information is disclosed with the prior written consent of the party furnishing the information; (h) such information is disclosed in connection with any litigation or dispute involving the Borrower and/or it; (i) such information is disclosed in connection with the sale of a participation or other disposition by it of any of its interest in this Agreement, provided that such information shall not be disclosed unless and until the party to which whom it shall be disclosed shall have agreed to keep such information confidential as set forth herein; (j) such information was in its possession or in its affiliate’s possession as shown by clear and convincing evidence prior to any of the Bank Borrower and/or any or the Borrower’s representatives or agents furnishing such information to it; or (k) such information is received by it, without restriction as to its disclosure or use, from a partyPerson who, (vi) to its knowledge or reasonable belief, was not prohibited from disclosing such information by any duty of confidentiality. Except to the extent such Information (A) becomes publicly available other than prohibited or restricted by law or Governmental Authority, each Lender shall notify the Borrower promptly of any disclosures of information made by it as a result of a breach of this Credit Agreement, (B) becomes available to the Bank on a non-confidential basis from a source other than such Borrower, or (C) was available to the Bank on a non-confidential basis prior to its disclosure to the Bank by such Borrower; and (vii) to the extent such Borrower shall have consented to such disclosure in writing. The Bank acknowledges that Information furnished to it permitted pursuant to this Credit Agreement may include material non-public information concerning such Borrower, its Related Parties or such Borrower’s securities, and confirms that it has developed compliance procedures regarding the use of material non-public information and that it will handle such material non-public information in accordance with those procedures and applicable law. Notwithstanding anything to the contrary contained in any Loan Document, no provision thereof shall (1h) restrict the Bank from providing information to Federal Reserve supervisory staff, (2) require or permit, without the prior approval of the Federal Reserve, the Bank to disclose to such Borrower or any affiliate that any information will be or was provided to Federal Reserve supervisory staff, or (3) require or permit, without the prior approval of the Federal Reserve, the Bank to inform such Borrower or any affiliate of a current or upcoming Federal Reserve examination or any nonpublic Federal Reserve supervisory initiative or action. Nothing in this Credit Agreement or the Loan Documents shall prevent any of the parties hereto and their respective directors, officers, employees, agents and advisors from disclosing to any and all Persons the Tax treatment and Tax structure of the transactions contemplated by this Credit Agreementabove.

Treatment of Certain Information. The Bank Each Credit Party agrees with each the Borrower to use reasonable precautions to keep confidential, in accordance with the Banksuch Credit Party’s customary procedures for handling confidential information of the same nature, all non-public information supplied by such the Borrower pursuant to this Credit Agreement which (a)(i) is clearly identified by such Person as being confidential at the time the same is delivered to the Bank, or (iia) constitutes any financial statement, list of investments or other assets, financial projections or forecasts, budget, compliance certificate, audit report, draft press release, management letter or accountants’ certification delivered hereunder, and (b) as of any date of determination, was received by the Bank such Credit Party within the immediately preceding two year period (“Information”), provided, however, that nothing herein shall limit the disclosure of any such Information (i) on a confidential basis, to such of its respective service providers and Related Parties as need to know such InformationParties, (ii) to the extent required by applicable laws or regulations or by any subpoena or similar legal process, or requested by any bank regulatory authority, (iii) on a confidential basis, to prospective lenders or their counsel, (iv) to auditors or accountants, and any analogous counterpart thereof, (v) in connection with any litigation to which the Bank such Credit Party is a party, (vi) to the extent such Information (A) becomes publicly available other than as a result of a breach of this Credit Agreement, (B) becomes available to the Bank such Credit Party on a non-confidential basis from a source other than such the Borrower, or (C) was available to the Bank such Credit Party on a non-confidential basis prior to its disclosure to such Credit Party by the Bank by such Borrower; and (vii) to the extent such the Borrower shall have consented to such disclosure in writing. The Bank Each Credit Party acknowledges that Information furnished to it pursuant to this Credit Agreement may include material non-public information concerning such the Borrower, its Related Parties or such the Borrower’s securities, and confirms that it has developed compliance procedures regarding the use of material non-public information and that it will handle such material non-public information in accordance with those procedures and applicable law. Notwithstanding anything to the contrary contained in any Loan Document, no provision thereof shall (1) restrict the Bank any Credit Party from providing information to Federal Reserve supervisory staff, (2) require or permit, without the prior approval of the Federal Reserve, the Bank any Credit Party to disclose to such the Borrower or any affiliate that any information will be or was provided to Federal Reserve supervisory staff, or (3) require or permit, without the prior approval of the Federal Reserve, the Bank any Credit Party to inform such the Borrower or any affiliate of a current or upcoming Federal Reserve examination or any nonpublic Federal Reserve supervisory initiative or action. Nothing in this Credit Agreement or the Loan Documents shall prevent any of the parties hereto and their respective directors, officers, employees, agents and advisors from disclosing to any and all Persons the Tax treatment and Tax structure of the transactions contemplated by this Credit Agreement.

Treatment of Certain Information. The Bank agrees with each Borrower to use reasonable precautions to keep confidential, in accordance with the Bank’s customary procedures for handling confidential information of the same nature, all non-public information supplied by such the Borrower pursuant to this Credit Agreement which (a)(i) is clearly identified by such Person as being confidential at the time the same is delivered to the Bank, or (ii) constitutes any financial statement, list of investments or other assets, financial projections or forecasts, budget, compliance certificate, audit report, draft press release, management letter or accountants’ certification delivered hereunder, and (b) as of any date of determination, was received by the Bank within the immediately preceding two three year period (“Information”), provided, however, that nothing herein shall limit the disclosure of any such Information (i) to such of its respective Related Parties as need to know such Information, (ii) to the extent required by applicable laws or regulations or by any subpoena or similar legal process, or requested by any bank regulatory authority, (iii) on a confidential basis, to prospective lenders or their counsel, (iv) to auditors or accountants, and any analogous counterpart thereof, (v) in connection with any litigation to which the Bank is a party, (vi) to the extent such Information (A) becomes publicly available other than as a result of a breach of this Credit Agreement, (B) becomes available to the Bank on a non-confidential basis from a source other than such the Borrower, or (C) was available to the Bank on a non-confidential basis prior to its disclosure to the Bank by such the Borrower; and (vii) to the extent such the Borrower shall have consented to such disclosure in writing. The Bank acknowledges that Information furnished to it pursuant to this Credit Agreement may include material non-public information concerning such the Borrower, its Related Parties or such the Borrower’s securities, and confirms that it has developed compliance procedures regarding the use of material non-public information and that it will handle such material non-public information in accordance with those procedures and applicable law. Notwithstanding anything to the contrary contained in any Loan Document, no provision thereof shall (1) restrict the Bank from providing information to Federal Reserve supervisory staff, (2) require or permit, without the prior approval of the Federal Reserve, the Bank to disclose to such the Borrower or any affiliate that any information will be or was provided to Federal Reserve supervisory staff, or (3) require or permit, without the prior approval of the Federal Reserve, the Bank to inform such the Borrower or any affiliate of a current or upcoming Federal Reserve examination or any nonpublic Federal Reserve supervisory initiative or action. Nothing in this Credit Agreement or the Loan Documents shall prevent any of the parties hereto and their respective directors, officers, employees, agents and advisors from disclosing to any and all Persons the Tax treatment and Tax structure of the transactions contemplated by this Credit Agreement.

Treatment of Certain Information. The Bank agrees with each Borrower to use reasonable precautions to keep confidential, in accordance with the Bank’s 's customary procedures for handling confidential information of the same nature, all non-public information supplied by such the Borrower pursuant to this Credit Agreement which (a)(i) is clearly identified by such Person as being confidential at the time the same is delivered to the Bank, or (ii) constitutes any financial statement, list of investments or other assets, financial projections or forecasts, budget, compliance certificate, audit report, draft press release, management letter or accountants’ ' certification delivered hereunder, and (b) as of any date of determination, was received by the Bank within the immediately preceding two year period (“"Information”"), provided, however, that nothing herein shall limit the disclosure of any such Information (i) to such of its respective Related Parties as need to know such Information, (ii) to the extent required by applicable laws 37 or regulations or by any subpoena or similar legal process, or requested by any bank regulatory authority, (iii) on a confidential basis, to prospective lenders or their counsel, (iv) to auditors or accountants, and any analogous counterpart thereof, (v) in connection with any litigation to which the Bank is a party, (vi) to the extent such Information (A) becomes publicly available other than as a result of a breach of this Credit Agreement, (B) becomes available to the Bank on a non-confidential basis from a source other than such the Borrower, or (C) was available to the Bank on a non-confidential basis prior to its disclosure to the Bank by such the Borrower; and (vii) to the extent such the Borrower shall have consented to such disclosure in writing. The Bank acknowledges that Information furnished to it pursuant to this Credit Agreement may include material non-public information concerning such Borrower, its Related Parties or such Borrower’s securities, and confirms that it has developed compliance procedures regarding the use of material non-public information and that it will handle such material non-public information in accordance with those procedures and applicable law. Notwithstanding anything to the contrary contained in any Loan Document, no provision thereof shall (1) restrict the Bank from providing information to Federal Reserve supervisory staff, (2) require or permit, without the prior approval of the Federal Reserve, the Bank to disclose to such the Borrower or any affiliate Affiliate that any information will be or was provided to Federal Reserve supervisory staff, or (3) require or permit, without the prior approval of the Federal Reserve, the Bank to inform such the Borrower or any affiliate Affiliate of a current or upcoming Federal Reserve examination or any nonpublic Federal Reserve supervisory initiative or action. Nothing in this Credit Agreement or the Loan Documents shall prevent any of the parties hereto and their respective directors, officers, employees, agents and advisors from disclosing to any and all Persons the Tax treatment and Tax structure of the transactions contemplated by this Credit Agreement.

Treatment of Certain Information. The Bank agrees with each Borrower to use reasonable precautions to keep confidential, in accordance with the Bank’s customary procedures for handling confidential information of the same nature, all non-public information supplied by such the Borrower pursuant to this Credit Agreement which (a)(i) is clearly identified by such Person as being confidential at the time the same is delivered to the Bank, or (ii) constitutes any financial statement, list of investments or other assets, financial projections or forecasts, budget, compliance certificate, audit report, draft press release, management letter or accountants’ certification delivered hereunder, and (b) as of any date of determination, was received by the Bank within the immediately preceding two year period (“Information”), provided, however, that nothing herein shall limit the disclosure of any such Information (i) to such of its respective Related Parties as need to know such InformationInformation and agree to keep such information confidential, (ii) to the extent required by applicable laws or regulations or by any subpoena or similar legal process, or requested by any bank regulatory authorityauthority (in which case the Bank agrees, except to the extent the Bank reasonably determines it would be prohibited from doing so by law, to use commercially reasonable efforts to inform the Borrower promptly thereof) (iii) on a confidential basis, to prospective lenders or their counsel, (iv) to auditors or accountants, and any analogous counterpart thereof, (v) in connection with any litigation to which the Bank is a party, (vi) to the extent such Information (A) becomes publicly available other than as a result of a breach of this Credit Agreement, (B) becomes available to the Bank on a non-confidential basis from a source other than such the Borrower, or (C) was available to the Bank on a non-confidential basis prior to its disclosure to the Bank by such the Borrower; and (vii) to the extent such the Borrower shall have consented to such disclosure in writing. The Bank agrees that it will not purchase or sell securities of the Borrower for its own account while in possession of any Information. The Bank acknowledges that Information furnished to it pursuant to this Credit Agreement may include material non-public information concerning such the Borrower, its Related Parties or such the Borrower’s securities, and confirms that it has developed compliance procedures regarding the use of material non-public information and that it will handle such material non-public information in accordance with those procedures and applicable law. Notwithstanding anything to the contrary contained in any Loan Document, no provision thereof shall (1) restrict the Bank from providing information to Federal Reserve supervisory staff, (2) require or permit, without the prior approval of the Federal Reserve, the Bank to disclose to such the Borrower or any affiliate that any information will be or was provided to Federal Reserve supervisory staff, or (3) require or permit, without the prior approval of the Federal Reserve, the Bank to inform such the Borrower or any affiliate of a current or upcoming Federal Reserve examination or any nonpublic Federal Reserve supervisory initiative or action. Nothing in this Credit Agreement or the Loan Documents shall prevent any of the parties hereto and their respective directors, officers, employees, agents and advisors from disclosing to any and all Persons the Tax treatment and Tax structure of the transactions contemplated by this Credit Agreement.

Treatment of Certain Information. The Bank Each Lender and the Administrative Agent agrees with each Borrower to use reasonable precautions maintain as confidential and not to keep confidentialdisclose, in accordance with publish or disseminate to any third parties any financial or other information relating to the Bank’s customary procedures for handling confidential information business, operations and condition, financial or otherwise, of the same natureBorrower provided to it, all non-except if and to the extent that: (a) such information is in the public information supplied by such Borrower pursuant to this Credit Agreement which (a)(i) is clearly identified by such Person as being confidential domain at the time the same is delivered to the Bank, or (ii) constitutes any financial statement, list of investments or other assets, financial projections or forecasts, budget, compliance certificate, audit report, draft press release, management letter or accountants’ certification delivered hereunder, and disclosure; (b) as of any date of determination, was received such information is required to be disclosed by the Bank within the immediately preceding two year period (“Information”), provided, however, that nothing herein shall limit the disclosure of any such Information (i) to such of its respective Related Parties as need to know such Information, (ii) to the extent required by applicable laws or regulations or by any subpoena or similar legal process, process or applicable law or regulations; (c) such information is required or requested by to be disclosed to any bank regulatory authority, or administrative body or commission to whose jurisdiction it may be subject; (iiid) on a confidential basis, such information is disclosed to prospective lenders or their its counsel, (iv) to auditors or accountantsother professional advisors; (e) such information is disclosed to (and, unless and any analogous counterpart thereofuntil it receives written objection from the Borrower, the Borrower shall be deemed to have consented to disclosure of such information to) its affiliates (vand its affiliates' officers, directors and employees), PROVIDED that such information shall be used in connection with this Agreement and the transactions contemplated hereby; (f) such information is disclosed to its officers, directors and employees; (g) such information is disclosed with the prior written consent of the party furnishing the information; (h) such information is disclosed in connection with any litigation or dispute involving the Borrower and/or it; (i) such information is disclosed in connection with the sale of a participation or other disposition by it of any of its interest in this Agreement, PROVIDED that such information shall not be disclosed unless and until the party to which whom it shall be disclosed shall have agreed to keep such information confidential as set forth herein; (j) such information was in its possession or in its affiliate's possession as shown by clear and convincing evidence prior to any of the Bank Borrower and/or any or the Borrower's representatives or agents furnishing such information to it; or (k) such information is received by it, without restriction as to its disclosure or use, from a partyPerson who, (vi) to its knowledge or reasonable belief, was not prohibited from disclosing such information by any duty of confidentiality. Except to the extent such Information (A) becomes publicly available other than prohibited or restricted by law or Governmental Authority, each Lender shall notify the Borrower promptly of any disclosures of information made by it as a result of a breach of this Credit Agreement, (B) becomes available to the Bank on a non-confidential basis from a source other than such Borrower, or (C) was available to the Bank on a non-confidential basis prior to its disclosure to the Bank by such Borrower; and (vii) to the extent such Borrower shall have consented to such disclosure in writing. The Bank acknowledges that Information furnished to it permitted pursuant to this Credit Agreement may include material non-public information concerning such Borrower, its Related Parties or such Borrower’s securities, and confirms that it has developed compliance procedures regarding the use of material non-public information and that it will handle such material non-public information in accordance with those procedures and applicable law. Notwithstanding anything to the contrary contained in any Loan Document, no provision thereof shall (1h) restrict the Bank from providing information to Federal Reserve supervisory staff, (2) require or permit, without the prior approval of the Federal Reserve, the Bank to disclose to such Borrower or any affiliate that any information will be or was provided to Federal Reserve supervisory staff, or (3) require or permit, without the prior approval of the Federal Reserve, the Bank to inform such Borrower or any affiliate of a current or upcoming Federal Reserve examination or any nonpublic Federal Reserve supervisory initiative or action. Nothing in this Credit Agreement or the Loan Documents shall prevent any of the parties hereto and their respective directors, officers, employees, agents and advisors from disclosing to any and all Persons the Tax treatment and Tax structure of the transactions contemplated by this Credit Agreementabove.

Treatment of Certain Information. The Bank agrees with each Borrower to use reasonable precautions to keep confidential, in accordance with the Bank’s customary procedures for handling confidential information of the same nature, all non-public information supplied by such Borrower pursuant to this Credit Agreement which (a)(i) is clearly identified by such Person as being confidential at the time the same is delivered to the Bank, or (ii) constitutes any financial statement, list of investments or other assets, financial projections or forecasts, budget, compliance certificate, audit report, draft press release, management letter or accountants’ certification delivered hereunder, and (b) as of any date of determination, was received by the Bank within the immediately preceding two year period (“Information”), provided, however, that nothing herein shall limit the disclosure of any such Information (i) on a confidential basis, to such of its respective Related Parties as need to know such Informationand service providers, (ii) to the extent required by applicable laws or regulations or by any subpoena or similar legal process, or requested by any bank regulatory authority, (iii) on a confidential basis, to prospective lenders or their counsel, (iv) to auditors or accountants, and any analogous counterpart thereof, (v) in connection with any litigation to which the Bank is a party, (vi) to the extent such Information (A) becomes publicly available other than as a result of a breach of this Credit Agreement, (B) becomes available to the Bank on a non-confidential basis from a source other than such Borrower, or (C) was available to the Bank on a non-confidential basis prior to its disclosure to the Bank by such Borrower; and (vii) to the extent such Borrower shall have consented to such disclosure in writing. The Bank acknowledges that Information furnished to it pursuant to this Credit Agreement may include material non-public information concerning such Borrower, its Related Parties or such Borrower’s securities, and confirms that it has developed compliance procedures regarding the use of material non-public information and that it will handle such material non-public information in accordance with those procedures and applicable law. Notwithstanding anything to the contrary contained in any Loan Document, no provision thereof shall (1) restrict the Bank from providing information to Federal Reserve supervisory staff, (2) require or permit, without the prior approval of the Federal Reserve, the Bank to disclose to such Borrower or any affiliate that any information will be or was provided to Federal Reserve supervisory staff, or (3) require or permit, without the prior approval of the Federal Reserve, the Bank to inform such Borrower or any affiliate of a current or upcoming Federal Reserve examination or any nonpublic Federal Reserve supervisory initiative or action. Nothing in this Credit Agreement or the Loan Documents shall prevent any of the parties hereto and their respective directors, officers, employees, agents and advisors from disclosing to any and all Persons the Tax treatment and Tax structure of the transactions contemplated by this Credit Agreement.

Treatment of Certain Information. The Bank Each Lender, the Issuer and the Administrative Agent agrees with each Borrower to use reasonable precautions maintain as confidential and not to keep confidentialdisclose, in accordance with publish or disseminate to any third parties any financial or other information relating to the Bank’s customary procedures for handling confidential information business, operations and condition, financial or otherwise, of the same natureBorrower provided to it, all non-except if and to the extent that: (a) such information is in the public information supplied by such Borrower pursuant to this Credit Agreement which (a)(i) is clearly identified by such Person as being confidential domain at the time the same is delivered to the Bank, or (ii) constitutes any financial statement, list of investments or other assets, financial projections or forecasts, budget, compliance certificate, audit report, draft press release, management letter or accountants’ certification delivered hereunder, and disclosure; (b) as of any date of determination, was received such information is required to be disclosed by the Bank within the immediately preceding two year period (“Information”), provided, however, that nothing herein shall limit the disclosure of any such Information (i) to such of its respective Related Parties as need to know such Information, (ii) to the extent required by applicable laws or regulations or by any subpoena or similar legal process, process or applicable law or regulations; (c) such information is required or requested by to be disclosed to any bank regulatory authority, or administrative body or commission to whose jurisdiction it may be subject; (iiid) on a confidential basis, such information is disclosed to prospective lenders or their its counsel, (iv) to auditors or accountantsother professional advisors; (e) such information is disclosed to (and, unless and any analogous counterpart thereofuntil it receives written objection from the Borrower, the Borrower shall be deemed to have consented to disclosure of such information to) its affiliates (vand its affiliates' officers, directors and employees), PROVIDED that such information shall be used in connection with this Agreement and the transactions contemplated hereby; (f) such information is disclosed to its officers, directors and employees; (g) such information is disclosed with the prior written consent of the party furnishing the information; (h) such information is disclosed in connection with any litigation or dispute involving the Borrower and/or it; (i) such information is disclosed in connection with the sale of a participation or other disposition by it of any of its interest in this Agreement, PROVIDED that such information shall not be disclosed unless and until the party to which whom it shall be disclosed shall have agreed to keep such information confidential as set forth herein; (j) such information was in its possession or in its affiliate's possession as shown by clear and convincing evidence prior to any of the Bank Borrower and/or any or the Borrower's representatives or agents furnishing such information to it; or (k) such information is received by it, without restriction as to its disclosure or use, from a partyPerson who, (vi) to its knowledge or reasonable belief, was not prohibited from disclosing such information by any duty of confidentiality. Except to the extent such Information (A) becomes publicly available other than prohibited or restricted by law or Governmental Authority, each Lender shall notify the Borrower promptly of any disclosures of information made by it as a result of a breach of this Credit Agreement, (B) becomes available to the Bank on a non-confidential basis from a source other than such Borrower, or (C) was available to the Bank on a non-confidential basis prior to its disclosure to the Bank by such Borrower; and (vii) to the extent such Borrower shall have consented to such disclosure in writing. The Bank acknowledges that Information furnished to it permitted pursuant to this Credit Agreement may include material non-public information concerning such Borrower, its Related Parties or such Borrower’s securities, and confirms that it has developed compliance procedures regarding the use of material non-public information and that it will handle such material non-public information in accordance with those procedures and applicable law. Notwithstanding anything to the contrary contained in any Loan Document, no provision thereof shall (1h) restrict the Bank from providing information to Federal Reserve supervisory staff, (2) require or permit, without the prior approval of the Federal Reserve, the Bank to disclose to such Borrower or any affiliate that any information will be or was provided to Federal Reserve supervisory staff, or (3) require or permit, without the prior approval of the Federal Reserve, the Bank to inform such Borrower or any affiliate of a current or upcoming Federal Reserve examination or any nonpublic Federal Reserve supervisory initiative or action. Nothing in this Credit Agreement or the Loan Documents shall prevent any of the parties hereto and their respective directors, officers, employees, agents and advisors from disclosing to any and all Persons the Tax treatment and Tax structure of the transactions contemplated by this Credit Agreementabove.

Treatment of Certain Information. The Bank agrees with each Borrower to use reasonable precautions to keep confidential, in accordance with the Bank’s customary procedures for handling confidential information of the same nature, all non-public information supplied by such the Borrower pursuant to this Credit Agreement which (a)(i) is clearly identified by such Person as being confidential at the time the same is delivered to the Bank, or (ii) constitutes any financial statement, list of investments or other assets, financial projections or forecasts, budget, compliance certificate, audit report, draft press release, management letter or accountants’ certification delivered hereunder, and (b) as of any date of determination, was received by the Bank within the immediately preceding two three year period (“Information”), provided, however, that nothing herein shall limit the disclosure of any such Information (i) to such of its respective Related Parties as need to know such InformationParties, (ii) to the extent required by applicable laws or regulations or by any subpoena or similar legal process, or requested by any bank regulatory authority, (iii) on a confidential basis, to other parties to the Loan Documents or to prospective lenders or their counsel, (iv) to auditors or accountants, and any analogous counterpart thereof, (v) in connection with any litigation to which the Bank is a party, (vi) to the extent such Information (A) becomes publicly available other than as a result of a breach of this Credit Agreement, (B) becomes available to the Bank on a non-confidential basis from a source other than such the Borrower, or (C) was available to the Bank on a non-confidential basis prior to its disclosure to the Bank by such the Borrower; ;, (viivi) on a confidential basis, to service providers for the Bank and its Affiliates, and (viiviiivii) to the extent such the Borrower shall have consented to such disclosure in writing. The Bank acknowledges that Information furnished to it pursuant to this Credit Agreement may include material non-public information concerning such the Borrower, its Related Parties or such the Borrower’s securities, and confirms that it has developed compliance procedures regarding the use of material non-public information and that it will handle such material non-public information in accordance with those procedures and applicable law. Notwithstanding anything to the contrary contained in any Loan Document, no provision thereof shall (1) restrict the Bank from providing information to Federal Reserve supervisory staff, (2) require or permit, without the prior approval of the Federal Reserve, the Bank to disclose to such the Borrower or any affiliate that any information will be or was provided to Federal Reserve supervisory staff, or (3) require or permit, without the prior approval of the Federal Reserve, the Bank to inform such the Borrower or any affiliate of a current or upcoming Federal Reserve examination or any nonpublic Federal Reserve supervisory initiative or action. Nothing in this Credit Agreement or the Loan Documents shall prevent any of the parties hereto and their respective directors, officers, employees, agents and advisors from disclosing to any and all Persons the Tax treatment and Tax structure of the transactions contemplated by this Credit Agreement.

Treatment of Certain Information. The Bank agrees with each Borrower to use reasonable precautions to keep confidential, in accordance with the Bank’s customary procedures for handling confidential information of the same nature, all non-public information supplied by such the Borrower pursuant to this Credit Agreement which (a)(i) is clearly identified by such Person as being confidential at the time the same is delivered to the Bank, or (ii) constitutes any financial statement, list of investments or other assets, financial projections or forecasts, budget, compliance certificate, audit report, draft press release, management letter or accountants’ certification delivered hereunder, and (b) as of any date of determination, was received by the Bank within the immediately preceding two year period (“Information”), provided, however, that nothing herein shall limit the disclosure of any such Information (i) to such of its respective Related Parties as need to know such Information, (ii) to the extent required by applicable laws or regulations or by any subpoena or similar legal process, or requested by any bank regulatory authority, (iii) on a confidential basis, to prospective lenders or their counsel, (iv) to auditors or accountants, and any analogous counterpart thereof, (v) in connection with any litigation to which the Bank is a party, (vi) to the extent such Information (A) becomes publicly available other than as a result of a breach of this Credit Agreement, (B) becomes available to the Bank on a non-confidential basis from a source other than such the Borrower, or (C) was available to the Bank on a non-confidential basis prior to its disclosure to the Bank by such the Borrower; and (vii) to the extent such the Borrower shall have consented to such disclosure in writing. The Bank agrees that it will not purchase or sell securities of the Borrower for its own account while in possession of any Information. The Bank acknowledges that Information furnished to it pursuant to this Credit Agreement may include material non-public information concerning such the Borrower, its Related Parties or such the Borrower’s securities, and confirms that it has developed compliance procedures regarding the use of material non-public information and that it will handle such material non-public information in accordance with those procedures and applicable law. Notwithstanding anything to the contrary contained in any Loan Document, no provision thereof shall (1) restrict the Bank from providing information to Federal Reserve supervisory staff, (2) require or permit, without the prior approval of the Federal Reserve, the Bank to disclose to such the Borrower or any affiliate that any information will be or was provided to Federal Reserve supervisory staff, or (3) require or permit, without the prior approval of the Federal Reserve, the Bank to inform such the Borrower or any affiliate of a current or upcoming Federal Reserve examination or any nonpublic Federal Reserve supervisory initiative or action. Nothing in this Credit Agreement or the Loan Documents shall prevent any of the parties hereto and their respective directors, officers, employees, agents and advisors from disclosing to any and all Persons the Tax treatment and Tax structure of the transactions contemplated by this Credit Agreement.

Treatment of Certain Information. The Bank Each Lender, the Issuer and the Administrative Agent agrees with each Borrower to use reasonable precautions maintain as confidential and not to keep confidentialdisclose, in accordance with publish or disseminate to any third parties any financial or other information relating to the Bank’s customary procedures for handling confidential information business, operations and condition, financial or otherwise, of the same natureBorrower provided to it, all non-except if and to the extent that: (a) such information is in the public information supplied by such Borrower pursuant to this Credit Agreement which (a)(i) is clearly identified by such Person as being confidential domain at the time the same is delivered to the Bank, or (ii) constitutes any financial statement, list of investments or other assets, financial projections or forecasts, budget, compliance certificate, audit report, draft press release, management letter or accountants’ certification delivered hereunder, and disclosure; (b) as of any date of determination, was received such information is required to be disclosed by the Bank within the immediately preceding two year period (“Information”), provided, however, that nothing herein shall limit the disclosure of any such Information (i) to such of its respective Related Parties as need to know such Information, (ii) to the extent required by applicable laws or regulations or by any subpoena or similar legal process, process or applicable law or regulations; (c) such information is required or requested by to be disclosed to any bank regulatory authority, or administrative body or commission to whose jurisdiction it may be subject; (iiid) on a confidential basis, such information is disclosed to prospective lenders or their its counsel, (iv) to auditors or accountantsother professional advisors; (e) such information is disclosed to (and, unless and any analogous counterpart thereofuntil it receives written objection from the Borrower, the Borrower shall be deemed to have consented to disclosure of such information to) its affiliates; provided that such information shall be used in connection with this Agreement and the transactions contemplated hereby; (vf) such information is disclosed to its officers, directors and employees; (g) such information is disclosed with the prior written consent of the party furnishing the information; (h) such information is disclosed in connection with any litigation to which or dispute involving the Bank Borrower and/or it; (i) such information is a party, (vi) to disclosed in connection with the extent such Information (A) becomes publicly available other than as a result sale of a breach participation or other disposition by it of any of its interest in this Credit Agreement, provided that such information shall not be disclosed unless and until the party to whom it shall be disclosed shall have agreed to keep such information confidential as set forth herein; (Bj) becomes available to the Bank on a non-confidential basis from a source other than such Borrower, information was in its possession or (C) was available to the Bank on a non-confidential basis in its affiliate’s possession as shown by clear and convincing evidence prior to its disclosure to the Bank by such Borrower; and (vii) to the extent such Borrower shall have consented to such disclosure in writing. The Bank acknowledges that Information furnished to it pursuant to this Credit Agreement may include material non-public information concerning such Borrower, its Related Parties or such Borrower’s securities, and confirms that it has developed compliance procedures regarding the use of material non-public information and that it will handle such material non-public information in accordance with those procedures and applicable law. Notwithstanding anything to the contrary contained in any Loan Document, no provision thereof shall (1) restrict the Bank from providing information to Federal Reserve supervisory staff, (2) require or permit, without the prior approval of the Federal Reserve, the Bank to disclose to such Borrower or any affiliate that any information will be or was provided to Federal Reserve supervisory staff, or (3) require or permit, without the prior approval of the Federal Reserve, the Bank to inform such Borrower or any affiliate of a current or upcoming Federal Reserve examination or any nonpublic Federal Reserve supervisory initiative or action. Nothing in this Credit Agreement or the Loan Documents shall prevent any of the parties hereto and their respective directors, officers, employees, Borrower and/or any or the Borrower’s representatives or agents and advisors from disclosing furnishing such information to any and all Persons the Tax treatment and Tax structure of the transactions contemplated by this Credit Agreement.it; or

Treatment of Certain Information. The Bank Each Lender agrees with each Borrower to use reasonable precautions to keep confidential, in accordance with the Banksuch Lender’s customary procedures for handling confidential information of the same nature, all non-public information supplied by such the Borrower pursuant to this Credit Agreement which (a)(ia) is clearly identified by such Person as being confidential at the time the same is delivered to the Banksuch Lender, or (iib) constitutes any financial statement, list of investments or other assets, financial projections or forecasts, budget, compliance certificate, audit report, draft press release, management letter or accountants’ certification delivered hereunder, and (b) as of any date of determination, was received by the Bank within the immediately preceding two year period hereunder (“Information”), provided, however, that nothing herein shall limit the disclosure of any such Information (i) to such of its respective Related Parties as need to know such Information, (ii) to the extent required by applicable laws or regulations or by any subpoena or similar legal process, or requested by any bank regulatory authority, (iii) on a confidential basis, to prospective lenders or their counsel, (iv) to auditors or accountants, and any analogous counterpart thereof, (v) in connection with any litigation to which the Bank such Lender is a party, (vi) to the extent such Information (A) becomes publicly available other than as a result of a breach of this Credit Agreement, (B) becomes available to the Bank such Lender on a non-confidential basis from a source other than such the Borrower, or (C) was available to the Bank such Lender on a non-confidential basis prior to its disclosure to such Lender by the Bank by such Borrower; and (vii) to the extent such the Borrower shall have consented to such disclosure in writing. The Bank acknowledges that Information furnished to it pursuant to this Credit Agreement may include material non-public information concerning such Borrower, its Related Parties or such Borrower’s securities, and confirms that it has developed compliance procedures regarding the use of material non-public information and that it will handle such material non-public information in accordance with those procedures and applicable law. Notwithstanding anything to the contrary contained in any Loan Document, no provision thereof shall (1) restrict the Bank any Lender from providing information to Federal Reserve supervisory staff, (2) require or permit, without the prior approval of the Federal Reserve, the Bank any Lender to disclose to such the Borrower or any affiliate Affiliate that any information will be or was provided to Federal Reserve supervisory staff, or (3) require or permit, without the prior approval of the Federal Reserve, the Bank any Lender to inform such the Borrower or any affiliate Affiliate of a current or upcoming Federal Reserve examination or any nonpublic Federal Reserve supervisory initiative or action. Nothing in this Credit Agreement or the Loan Documents shall prevent any of the parties hereto and their respective directors, officers, employees, agents and advisors from disclosing to any and all Persons the Tax treatment and Tax structure of the transactions contemplated by this Credit Agreement.

Treatment of Certain Information. The Bank Each Lender and the Administrative Agent agrees with each Borrower to use reasonable precautions maintain as confidential and not to keep confidentialdisclose, in accordance with publish or disseminate to any third parties any financial or other information relating to the Bank’s customary procedures for handling confidential information business, operations and condition, financial or otherwise, of the same natureBorrower provided to it, all non-except if and to the extent that: (a) such information is in the public information supplied by such Borrower pursuant to this Credit Agreement which (a)(i) is clearly identified by such Person as being confidential domain at the time the same is delivered to the Bank, or (ii) constitutes any financial statement, list of investments or other assets, financial projections or forecasts, budget, compliance certificate, audit report, draft press release, management letter or accountants’ certification delivered hereunder, and disclosure; (b) as of any date of determination, was received such information is required to be disclosed by the Bank within the immediately preceding two year period (“Information”), provided, however, that nothing herein shall limit the disclosure of any such Information (i) to such of its respective Related Parties as need to know such Information, (ii) to the extent required by applicable laws or regulations or by any subpoena or similar legal process, process or applicable law or regulations; (c) such information is required or requested by to be disclosed to any bank regulatory authority, or administrative body or commission to whose jurisdiction it may be subject; (iiid) on a confidential basis, such information is disclosed to prospective lenders or their its counsel, (iv) to auditors or accountantsother professional advisors; (e) such information is disclosed to (and, unless and any analogous counterpart thereofuntil it receives written objection from the Borrower, the Borrower shall be deemed to have consented to disclosure of such information to) its affiliates; provided that such information shall be used in connection with this Agreement and the transactions contemplated hereby; (vf) such information is disclosed to its officers, directors and employees; (g) such information is disclosed with the prior written consent of the party furnishing the information; (h) such information is disclosed in connection with any litigation or dispute involving the Borrower and/or it; (i) such information is disclosed in connection with the sale of a participation or other disposition by it of any of its interest in this Agreement, provided that such information shall not be disclosed unless and until the party to which whom it shall be disclosed shall have agreed to keep such information confidential as set forth herein; (j) such information was in its possession or in its affiliate's possession as shown by clear and convincing evidence prior to any of the Bank Borrower and/or any or the Borrower's representatives or agents furnishing such information to it; or (k) such information is received by it, without restriction as to its disclosure or use, from a partyPerson who, (vi) to its knowledge or reasonable belief, was not prohibited from disclosing such information by any duty of confidentiality. Except to the extent such Information (A) becomes publicly available other than prohibited or restricted by law or Governmental Authority, each Lender shall notify the Borrower promptly of any disclosures of information made by it as a result of a breach of this Credit Agreement, (B) becomes available to the Bank on a non-confidential basis from a source other than such Borrower, or (C) was available to the Bank on a non-confidential basis prior to its disclosure to the Bank by such Borrower; and (vii) to the extent such Borrower shall have consented to such disclosure in writing. The Bank acknowledges that Information furnished to it permitted pursuant to this Credit Agreement may include material non-public information concerning such Borrower, its Related Parties or such Borrower’s securities, and confirms that it has developed compliance procedures regarding the use of material non-public information and that it will handle such material non-public information in accordance with those procedures and applicable law. Notwithstanding anything to the contrary contained in any Loan Document, no provision thereof shall (1h) restrict the Bank from providing information to Federal Reserve supervisory staff, (2) require or permit, without the prior approval of the Federal Reserve, the Bank to disclose to such Borrower or any affiliate that any information will be or was provided to Federal Reserve supervisory staff, or (3) require or permit, without the prior approval of the Federal Reserve, the Bank to inform such Borrower or any affiliate of a current or upcoming Federal Reserve examination or any nonpublic Federal Reserve supervisory initiative or action. Nothing in this Credit Agreement or the Loan Documents shall prevent any of the parties hereto and their respective directors, officers, employees, agents and advisors from disclosing to any and all Persons the Tax treatment and Tax structure of the transactions contemplated by this Credit Agreementabove.

Treatment of Certain Information. The Bank Each Lender agrees with each Borrower to use reasonable precautions to keep confidential, in accordance with the Banksuch Lender’s customary procedures for handling confidential information of the same nature, all non-public information supplied by such the Borrower pursuant to this Credit Agreement which (a)(ia) (i) is clearly identified by such Person as being confidential at the time the same is delivered to the Banksuch Lender, or (ii) constitutes any financial statement, list of investments or other assets, financial projections or forecasts, budget, compliance certificate, audit report, draft press release, management letter or accountants’ certification delivered hereunder, and (b) as of any date of determination, was received by the Bank such Lender within the immediately preceding two year period (“Information”), providedInformation”),provided, however, that nothing herein shall limit the disclosure of any such Information (i) to such of its respective Related Parties Parties, or (on a confidential basis) to any direct, indirect or prospective counterparty (and its advisor), to any swap, derivative or securitization transaction related to the obligations under this Credit Agreement, as need to know such Information, (ii) to the extent required by applicable laws or regulations or by any subpoena or similar legal process, or requested by any bank regulatory authority, (iii) on a confidential basis, to prospective lenders or participants or their counsel, (iv) to auditors or accountants, and any analogous counterpart thereof, (v) on a confidential basis, to any rating agency, insurer or insurance broker, or direct or indirect provider of credit protection to a Lender or any of its Related Parties, (vi) in connection with any litigation to which the Bank such Lender is a party, (vivii) to the extent such Information (A) becomes publicly available other than as a result of a breach of this Credit Agreement, (B) becomes available to the Bank such Lender on a non-confidential basis from a source other than such the Borrower, or (C) was available to the Bank such Lender on a non-confidential basis prior to its disclosure to such Lender by the Bank by such Borrower; and (viiviii) to the extent such the Borrower shall have consented to such disclosure in writing. The Bank Each Lender agrees that it will not purchase or sell securities of the Borrower for its own account while in possession of any Information. Each Lender acknowledges that Information furnished to it pursuant to this Credit Agreement may include material non-public information concerning such the Borrower, its Related Parties or such the Borrower’s securities, and confirms that it has developed compliance procedures regarding the use of material non-public information and that it will handle such material non-public information in accordance with those procedures and applicable law. Notwithstanding anything to the contrary contained in any Loan Credit Document, no provision thereof shall (1) restrict the Bank any Lender from providing information to Federal Reserve supervisory staff, (2) require or permit, without the prior approval of the Federal Reserve, the Bank any Lender to disclose to such the Borrower or any affiliate Affiliate that any information will be or was provided to Federal Reserve supervisory staff, or (3) require or permit, without the prior approval of the Federal Reserve, the Bank any Lender to inform such the Borrower or any affiliate Affiliate of a current or upcoming Federal Reserve examination or any nonpublic Federal Reserve supervisory initiative or action. Nothing in this Credit Agreement or the Loan Documents shall prevent any of the parties hereto and their respective directors, officers, employees, agents and advisors from disclosing to any and all Persons the Tax treatment and Tax structure of the transactions contemplated by this Credit Agreement.

Treatment of Certain Information. The Bank Each Lender, the Issuer and the Administrative Agent agrees with each Borrower to use reasonable precautions maintain as confidential and not to keep confidentialdisclose, in accordance with publish or disseminate to any third parties any financial or other information relating to the Bank’s customary procedures for handling confidential information business, operations and condition, financial or otherwise, of the same natureBorrower provided to it, all non-except if and to the extent that: (a) such information is in the public information supplied by such Borrower pursuant to this Credit Agreement which (a)(i) is clearly identified by such Person as being confidential domain at the time the same is delivered to the Bank, or (ii) constitutes any financial statement, list of investments or other assets, financial projections or forecasts, budget, compliance certificate, audit report, draft press release, management letter or accountants’ certification delivered hereunder, and disclosure; (b) as of any date of determination, was received such information is required to be disclosed by the Bank within the immediately preceding two year period (“Information”), provided, however, that nothing herein shall limit the disclosure of any such Information (i) to such of its respective Related Parties as need to know such Information, (ii) to the extent required by applicable laws or regulations or by any subpoena or similar legal process, process or applicable law or regulations; (c) such information is required or requested by to be disclosed to any bank regulatory authority, or administrative body or commission to whose jurisdiction it may be subject; (iiid) on a confidential basis, such information is disclosed to prospective lenders or their its counsel, (iv) to auditors or accountantsother professional advisors; (e) such information is disclosed to (and, unless and any analogous counterpart thereofuntil it receives written objection from the Borrower, the Borrower shall be deemed to have consented to disclosure of such information to) its affiliates; provided that such information shall be used in connection with this Agreement and the transactions contemplated hereby; (vf) such information is disclosed to its officers, directors and employees; (g) such information is disclosed with the prior written consent of the party furnishing the information; (h) such information is disclosed in connection with any litigation or dispute involving the Borrower and/or it; (i) such information is disclosed in connection with the sale of a participation or other disposition by it of any of its interest in this Agreement, provided that such information shall not be disclosed unless and until the party to which whom it shall be disclosed shall have agreed to keep such information confidential as set forth herein; (j) such information was in its possession or in its affiliate's possession as shown by clear and convincing evidence prior to any of the Bank Borrower and/or any or the Borrower's representatives or agents furnishing such information to it; or (k) such information is received by it, without restriction as to its disclosure or use, from a partyPerson who, (vi) to its knowledge or reasonable belief, was not prohibited from disclosing such information by any duty of confidentiality. Except to the extent such Information (A) becomes publicly available other than prohibited or restricted by law or Governmental Authority, each Lender shall notify the Borrower promptly of any disclosures of information made by it as a result of a breach of this Credit Agreement, (B) becomes available to the Bank on a non-confidential basis from a source other than such Borrower, or (C) was available to the Bank on a non-confidential basis prior to its disclosure to the Bank by such Borrower; and (vii) to the extent such Borrower shall have consented to such disclosure in writing. The Bank acknowledges that Information furnished to it permitted pursuant to this Credit Agreement may include material non-public information concerning such Borrower, its Related Parties or such Borrower’s securities, and confirms that it has developed compliance procedures regarding the use of material non-public information and that it will handle such material non-public information in accordance with those procedures and applicable law. Notwithstanding anything to the contrary contained in any Loan Document, no provision thereof shall (1h) restrict the Bank from providing information to Federal Reserve supervisory staff, (2) require or permit, without the prior approval of the Federal Reserve, the Bank to disclose to such Borrower or any affiliate that any information will be or was provided to Federal Reserve supervisory staff, or (3) require or permit, without the prior approval of the Federal Reserve, the Bank to inform such Borrower or any affiliate of a current or upcoming Federal Reserve examination or any nonpublic Federal Reserve supervisory initiative or action. Nothing in this Credit Agreement or the Loan Documents shall prevent any of the parties hereto and their respective directors, officers, employees, agents and advisors from disclosing to any and all Persons the Tax treatment and Tax structure of the transactions contemplated by this Credit Agreementabove.

Treatment of Certain Information. The Bank Each Lender agrees with each Borrower to use reasonable precautions to keep confidential, in accordance with the Bank’s such Lender's customary procedures for handling confidential information of the same nature, all non-public information supplied by such the Borrower pursuant to this Credit Agreement which (a)(ia) is clearly identified by such Person as being confidential at the time the same is delivered to the Banksuch Lender, or (iib) constitutes any financial statement, list of investments or other assets, financial projections or forecasts, budget, compliance certificate, audit report, draft press release, management letter or accountants’ ' certification delivered hereunder, and hereunder (b) as of any date of determination, was received by the Bank within the immediately preceding two year period (“"Information”"), provided, however, that nothing herein shall limit the disclosure of any such Information (i) on a confidential basis, to such of its respective Related Parties as need to know such Informationand service providers, (ii) to the extent required by applicable laws or regulations or by any subpoena or similar legal process, or requested by any bank regulatory authority, (iii) on a confidential basis, to prospective lenders or their counsel, (iv) to auditors or accountants, and any analogous counterpart thereof, (v) in - 62 – connection with any litigation to which the Bank such Lender is a party, (vi) to the extent such Information (A) becomes publicly available other than as a result of a breach of this Credit Agreement, (B) becomes available to the Bank such Lender on a non-confidential basis from a source other than such the Borrower, or (C) was available to the Bank such Lender on a non-confidential basis prior to its disclosure to such Lender by the Bank by such Borrower; and (vii) to the extent such the Borrower shall have consented to such disclosure in writing. The Bank acknowledges that Information furnished to it pursuant to this Credit Agreement may include material non-public information concerning such Borrower, its Related Parties or such Borrower’s securities, and confirms that it has developed compliance procedures regarding the use of material non-public information and that it will handle such material non-public information in accordance with those procedures and applicable law. Notwithstanding anything to the contrary contained in any Loan Document, no provision thereof shall (1) restrict the Bank any Lender from providing information to Federal Reserve supervisory staff, (2) require or permit, without the prior approval of the Federal Reserve, the Bank any Lender to disclose to such the Borrower or any affiliate Affiliate that any information will be or was provided to Federal Reserve supervisory staff, or (3) require or permit, without the prior approval of the Federal Reserve, the Bank any Lender to inform such the Borrower or any affiliate Affiliate of a current or upcoming Federal Reserve examination or any nonpublic Federal Reserve supervisory initiative or action. Nothing in this Credit Agreement or the Loan Documents shall prevent any of the parties hereto and their respective directors, officers, employees, agents and advisors from disclosing to any and all Persons the Tax treatment and Tax structure of the transactions contemplated by this Credit Agreement.

Treatment of Certain Information. The Bank agrees with each Borrower to use reasonable precautions to keep confidential, in accordance with the Bank’s customary procedures for handling confidential information of the same nature, all non-public information supplied by such the Borrower pursuant to this Credit Agreement which (a)(ia) (i) is clearly identified by such Person as being confidential at the time the same is delivered to the Bankconfidential, or (ii) constitutes any financial statement, list of investments or other assets, financial projections or forecasts, budget, compliance certificate, audit report, draft press release, management letter or accountants’ certification delivered hereunder, and (b) as of any date of determination, was received by the Bank within in connection with this Credit Agreement and the immediately preceding two year period transactions contemplated herein (“Information”), ; provided, however, that nothing herein shall limit the disclosure of any such Information to any Person (other than a Disqualified Lender) (i) on a confidential basis, to such of its respective service providers and Related Parties as need to know such Informationand including any securitization counterparties and or/insurance providers, (ii) to the extent required by applicable laws Laws or regulations or by any subpoena or similar legal process, or requested by any bank regulatory authorityauthority (in which case the Bank agrees to use commercially reasonable efforts to inform the Borrower promptly thereof), (iii) on a confidential basis, to prospective lenders or lenders, participants and/or their counselcounsel (it being understood that the Bank shall be responsible for any breach by any such Person), (iv) to its auditors or accountants, and any analogous counterpart thereof, (v) in connection with any litigation to which the Bank is a party, (vi) to the extent such Information (A) becomes publicly available other than as a result of a breach of this Credit AgreementAgreement or any other Loan Document, (B) becomes available to the Bank on a non-confidential basis from a source other than such the Borrower, or (C) was available to the Bank on a non-confidential basis prior to its disclosure to the Bank by such the Borrower; and (vii) to the extent such the Borrower shall have consented to such disclosure in writing. The Bank acknowledges that Information furnished to it pursuant to this Credit Agreement may include material non-public information concerning such the Borrower, its Related Parties or such the Borrower’s securities, and confirms that it has developed compliance procedures regarding the use of material non-public information and that it will handle such material non-public information in accordance with those procedures and applicable lawLaw. Notwithstanding anything to the contrary contained in any Loan Document, no provision thereof shall (1) restrict the Bank from providing information to Federal Reserve supervisory staff, (2) require or permit, without the prior approval of the Federal Reserve, the Bank to disclose to such the Borrower or any affiliate that any information will be or was provided to Federal Reserve supervisory staff, or (3) require or permit, without the prior approval of the Federal Reserve, the Bank to inform such the Borrower or any affiliate of a current or upcoming Federal Reserve examination or any nonpublic Federal Reserve supervisory initiative or action. Nothing in this Credit Agreement or the Loan Documents shall prevent any of the parties hereto and their respective directors, officers, employees, agents and advisors from disclosing to any and all Persons the Tax treatment and Tax structure of the transactions contemplated by this Credit Agreement.

Treatment of Certain Information. The Bank Each Lender and the Administrative Agent agrees with each Borrower to use reasonable precautions maintain as confidential and not to keep confidentialdisclose, in accordance with publish or disseminate to any third parties any financial or other information relating to the Bank’s customary procedures for handling confidential information business, operations and condition, financial or otherwise, of the same natureBorrower provided to it, all non-except if and to the extent that: (a) such information is in the public information supplied by such Borrower pursuant to this Credit Agreement which (a)(i) is clearly identified by such Person as being confidential domain at the time the same is delivered to the Bank, or (ii) constitutes any financial statement, list of investments or other assets, financial projections or forecasts, budget, compliance certificate, audit report, draft press release, management letter or accountants’ certification delivered hereunder, and disclosure; (b) as of any date of determination, was received such information is required to be disclosed by the Bank within the immediately preceding two year period (“Information”), provided, however, that nothing herein shall limit the disclosure of any such Information (i) to such of its respective Related Parties as need to know such Information, (ii) to the extent required by applicable laws or regulations or by any subpoena or similar legal process, process or applicable law or regulations; (c) such information is required or requested by to be disclosed to any bank regulatory authority, or administrative body or commission to whose jurisdiction it may be subject; (iiid) on a confidential basis, such information is disclosed to prospective lenders or their its counsel, (iv) to auditors or accountantsother professional advisors; (e) such information is disclosed to (and, unless and any analogous counterpart thereofuntil it receives written objection from the Borrower, the Borrower shall be deemed to have consented to disclosure of such information to) its affiliates (vand its affiliates' officers, directors and employees), provided that such information shall be used in connection with this Agreement and the transactions contemplated hereby; (f) such information is disclosed to its officers, directors and employees; (g) such information is disclosed with the prior written consent of the party furnishing the information; (h) such information is disclosed in connection with any litigation or dispute involving the Borrower and/or it; (i) such information is disclosed in connection with the sale of a participation or other disposition by it of any of its interest in this Agreement, provided that such information shall not be disclosed unless and until the party to which whom it shall be disclosed shall have agreed to keep such information confidential as set forth herein; (j) such information was in its possession or in its affiliate's possession as shown by clear and convincing evidence prior to any of the Bank Borrower and/or any or the Borrower's representatives or agents furnishing such information to it; or (k) such information is received by it, without restriction as to its disclosure or use, from a partyPerson who, (vi) to its knowledge or reasonable belief, was not prohibited from disclosing such information by any duty of confidentiality. Except to the extent such Information (A) becomes publicly available other than prohibited or restricted by law or Governmental Authority, each Lender shall notify the Borrower promptly of any disclosures of information made by it as a result of a breach of this Credit Agreement, (B) becomes available to the Bank on a non-confidential basis from a source other than such Borrower, or (C) was available to the Bank on a non-confidential basis prior to its disclosure to the Bank by such Borrower; and (vii) to the extent such Borrower shall have consented to such disclosure in writing. The Bank acknowledges that Information furnished to it permitted pursuant to this Credit Agreement may include material non-public information concerning such Borrower, its Related Parties or such Borrower’s securities, and confirms that it has developed compliance procedures regarding the use of material non-public information and that it will handle such material non-public information in accordance with those procedures and applicable law. Notwithstanding anything to the contrary contained in any Loan Document, no provision thereof shall (1h) restrict the Bank from providing information to Federal Reserve supervisory staff, (2) require or permit, without the prior approval of the Federal Reserve, the Bank to disclose to such Borrower or any affiliate that any information will be or was provided to Federal Reserve supervisory staff, or (3) require or permit, without the prior approval of the Federal Reserve, the Bank to inform such Borrower or any affiliate of a current or upcoming Federal Reserve examination or any nonpublic Federal Reserve supervisory initiative or action. Nothing in this Credit Agreement or the Loan Documents shall prevent any of the parties hereto and their respective directors, officers, employees, agents and advisors from disclosing to any and all Persons the Tax treatment and Tax structure of the transactions contemplated by this Credit Agreementabove.

Treatment of Certain Information. The Bank Each Lender agrees with each Borrower to use reasonable precautions to keep confidential, in accordance with the Banksuch Lender’s customary procedures for handling confidential information of the same nature, all non-public information supplied by such Borrower pursuant to this Credit Agreement which (a)(i) is clearly identified by such Person as being confidential at the time the same is delivered to the Banksuch Lender, or (ii) constitutes any financial statement, list of investments or other assets, financial projections or forecasts, budget, compliance certificate, audit report, draft press release, management letter or accountants’ certification delivered hereunder, and (b) as of any date of determination, was received by the Bank such Lender within the immediately preceding two year period (“Information”), provided, however, that nothing herein shall limit the disclosure of any such Information (i) to such of its respective Related Parties Parties, or (on a confidential basis) to any direct, indirect or prospective counterparty (and its advisors), to any swap, derivative or securitization transaction related to the obligations under this Credit Agreement, as need to know such Information, (ii) to the extent required by applicable laws or regulations or by any subpoena or similar legal process, or requested by any bank regulatory authority, (iii) on a confidential basis, to prospective lenders or participants or their counsel, (iv) to auditors or accountants, and any analogous counterpart thereof, (v) on a confidential basis, to any rating agency, insurer or insurance broker, or direct or indirect provider of credit protection to a Lender or any of its Related Parties, (vi) in connection with any litigation to which the Bank such Lender is a party, (vivii) to the extent such Information (A) becomes publicly available other than as a result of a breach of this Credit Agreement, (B) becomes available to the Bank such Lender on a non-confidential basis from a source other than such Borrower, or (C) was available to the Bank such Lender on a non-confidential basis prior to its disclosure to the Bank such Lender by such Borrower; and (viiviii) to the extent such Borrower shall have consented to such disclosure in writing. The Bank Each Lender agrees that it will not purchase or sell securities of any Borrower for its own account while in possession of any Information with respect to such Borrower. Each Lender acknowledges that Information furnished to it pursuant to this Credit Agreement may include material non-public information concerning such a Borrower, its Related Parties or such Borrower’s securities, and confirms that it has developed compliance procedures regarding the use of material non-public information and that it will handle such material non-public information in accordance with those procedures and applicable law. Notwithstanding anything to the contrary contained in any Loan Document, no provision thereof shall (1) restrict the Bank any Lender from providing information to Federal Reserve supervisory staff, (2) require or permit, without the prior approval of the Federal Reserve, the Bank to disclose to such Borrower or any affiliate that any information will be or was provided to Federal Reserve supervisory staff, or (3) require or permit, without the prior approval of the Federal Reserve, the Bank any Lender to inform such Borrower or any affiliate of a current or upcoming Federal Reserve examination or any nonpublic Federal Reserve supervisory initiative or action. Nothing in this Credit Agreement or the Loan Documents shall prevent any of the parties hereto and their respective directors, officers, employees, agents and advisors from disclosing to any and all Persons the Tax treatment and Tax structure of the transactions contemplated by this Credit Agreement.

Treatment of Certain Information. The Bank Each Credit Party agrees with each the Borrower to use reasonable precautions to keep confidential, in accordance with the Banksuch Credit Party’s customary procedures for handling confidential information of the same nature, all non-public information supplied by such the Borrower pursuant to this Credit Agreement which (a)(i) is clearly identified by such Person as being confidential at the time the same is delivered to the Bank, or (iia) constitutes any financial statement, list of investments or other assets, financial projections or forecasts, budget, compliance certificate, audit report, draft press release, management letter or accountants’ certification delivered hereunder, and (b) as of any date of determination, was received by the Bank such Credit Party within the immediately preceding two year period (“Information”), provided, however, that nothing herein shall limit the disclosure of any such Information (i) on a confidential basis, to such of its respective service providers and Related Parties as need to know such InformationParties, (ii) to the extent required by applicable laws or regulations or by any subpoena or similar legal process, or requested by any bank regulatory authority, (iii) on a confidential basis, to prospective lenders or their counsel, (iv) to auditors or accountants, and any analogous counterpart thereof, (v) in connection with any litigation to which the Bank such Credit Party is a party, (vi) to the extent such Information (A) becomes publicly available other than as a result of a breach of this Credit Agreement, (B) becomes available to the Bank such Credit Party on a non-confidential basis from a source other than such the Borrower, or (C) was available to the Bank such Credit Party on a non-confidential basis prior to its disclosure to such Credit Party by the Bank by such Borrower; and (vii) to the extent such the Borrower shall have consented to such disclosure in writing. The Bank Each Credit Party acknowledges that Information furnished to it pursuant to this Credit Agreement may include material non-public information concerning such the Borrower, its Related Parties or such the Borrower’s securities, and confirms that it has developed compliance procedures regarding the use of material non-public information and that it will handle such material non-public information in accordance with those procedures and applicable law. Notwithstanding anything to the contrary contained in any Loan Document, no provision thereof shall (1) restrict the Bank any Credit Party from providing information to Federal Reserve Board of Governors supervisory staff, (2) require or permit, without the prior approval of the Federal ReserveBoard of Governors, the Bank any Credit Party to disclose to such the Borrower or any affiliate that any information will be or was provided to Federal Reserve Board of Governors supervisory staff, or (3) require or permit, without the prior approval of the Federal ReserveBoard of Governors, the Bank any Credit Party to inform such the Borrower or any affiliate of a current or upcoming Federal Reserve Board of Governors examination or any nonpublic Federal Reserve Board of Governors supervisory initiative or action. Nothing in this Credit Agreement or the Loan Documents shall prevent any of the parties hereto and their respective directors, officers, employees, agents and advisors from disclosing to any and all Persons the Tax treatment and Tax structure of the transactions contemplated by this Credit Agreement.

Treatment of Certain Information. The Bank Each Credit Party agrees with each Borrower to use reasonable precautions to keep confidential, in accordance with the Bank’s its customary procedures for handling confidential information of the same nature, all non-public information supplied by such the Borrower or any Restricted Subsidiary pursuant to this Credit Agreement which (a)(ii) is clearly identified by such Person as being confidential at the time the same is delivered to the Bank, such Credit Party or (ii) constitutes any financial statement, list of investments or other assets, financial projections or forecasts, budget, compliance certificateCompliance Certificate, audit report, draft press release, management letter or accountants’ ' certification delivered hereunder, and hereunder (b) as of any date of determination, was received by the Bank within the immediately preceding two year period (“"Information”"), provided, however, provided that nothing herein shall limit the disclosure of any such Information information (ia) to such any of its respective Related Parties as need that needs to know such Informationinformation, (iib) to the extent required by applicable laws or regulations or by any subpoena or similar legal process, or requested by any bank regulatory authority, (iiic) on a confidential basis, to prospective lenders or participants or their counsel, (ivd) to auditors or auditors, accountants, consultants and advisors, and any analogous counterpart thereof, (ve) to any other Credit Party, (f) in connection with any litigation to which any one or more of the Bank Credit Parties is a party, (vig) to the extent such Information information (A) becomes publicly available other than as a result of a breach of this Credit Agreement, (B) becomes available to any of the Bank Credit Parties on a non-confidential basis from a source other than such Borrower, the Borrower or any of its Affiliates or (C) was available to the Bank Credit Parties on a non-confidential basis prior to its disclosure to any of them by the Bank by such BorrowerBorrower or any of its Affiliates; and (viih) to the extent such the Borrower shall have consented to such disclosure in writing. The Bank acknowledges that Notwithstanding anything herein to the contrary, Information furnished to it pursuant to this Credit Agreement may include material non-public information concerning such Borrower, its Related Parties or such Borrower’s securitiesshall not include, and confirms that it has developed compliance procedures regarding the use of material non-public information and that it will handle such material non-public information in accordance with those procedures and applicable law. Notwithstanding anything to the contrary contained in any Loan Document, no provision thereof shall (1) restrict the Bank from providing information to Federal Reserve supervisory staff, (2) require or permit, without the prior approval of the Federal Reserve, the Bank to Credit Parties may disclose to such Borrower or any affiliate that any information will be or was provided to Federal Reserve supervisory staff, or (3) require or permit, without the prior approval of the Federal Reserve, the Bank to inform such Borrower or any affiliate of a current or upcoming Federal Reserve examination or any nonpublic Federal Reserve supervisory initiative or action. Nothing in this Credit Agreement or the Loan Documents shall prevent any of the parties hereto and their respective directors, officers, employees, agents and advisors from disclosing to any and all Persons Persons, without limitation of any kind, any information with respect to the Tax "tax treatment" and "tax structure" (in each case, within the meaning of Treasury Regulation Section 1.6011-4) of the Transactions contemplated hereby and all materials of any kind (including opinions or other tax analyses) that are provided to the Administrative Agent or such Lender relating to such tax treatment and Tax tax structure; provided that with respect to any document or similar item that in either case contains information concerning the tax treatment or tax structure of the transactions transaction as well as other information, this sentence shall only apply to such portions of the document or similar item that relate to the tax treatment or tax structure of the Revolving Loans, Letters of Credit and Transactions contemplated by this Credit Agreementhereby.

Treatment of Certain Information. The Bank Each Lender agrees with each Borrower to use reasonable precautions to keep confidential, in accordance with the Banksuch Lender’s customary procedures for handling confidential information of the same nature, all non-public information supplied by such the Borrower pursuant to this Credit Agreement which (a)(ia) (i) is clearly identified by such Person as being confidential at the time the same is delivered to the Banksuch Lender, or (ii) constitutes any financial statement, list of investments or other assets, financial projections or forecasts, budget, compliance certificate, audit report, draft press release, management letter or accountants’ certification delivered hereunder, and (b) as of any date of determination, was received by the Bank such Lender within the immediately preceding two year period (“Information”), providedInformation”),provided, however, that nothing herein shall limit the disclosure of any such Information (i) to such of its respective Related Parties Parties, or (on a confidential basis) to any direct, indirect or prospective counterparty (and its advisor), to any swap, derivative or securitization transaction related to the obligations under this Credit Agreement, as need to know such Information, (ii) to the extent required by applicable laws or regulations or by any subpoena or similar legal process, or requested by any bank regulatory authority, (iii) on a confidential basis, to prospective lenders or participants or their counsel, (iv) to auditors or accountants, and any analogous counterpart thereof, (v) on a confidential basis, to any rating agency, insurer or insurance broker, or direct or indirect provider of credit protection to a Lender or any of its Related Parties, (vi) in connection with any litigation to which the Bank such Lender is a party, (vivii) to the extent such Information (A) becomes publicly available other than as a result of a breach of this Credit Agreement, (B) becomes available to the Bank such Lender on a non-confidential basis from a source other than such the Borrower, or (C) was available to the Bank such Lender on a non-confidential basis prior to its disclosure to such Lender by the Bank by such Borrower; and (viiviii) to the extent such the Borrower shall have consented to such disclosure in writing. The Bank Each Lender agrees that it will not purchase or sell securities of the Borrower for its own account while in possession of any Information. Each Lender acknowledges that Information furnished to it pursuant to this Credit Agreement may include material non-public information concerning such the Borrower, its Related Parties or such the Borrower’s 's securities, and confirms that it has developed compliance procedures regarding the use of material non-public information and that it will handle such material non-public information in accordance with those procedures and applicable law. Notwithstanding anything to the contrary contained in any Loan Credit Document, no provision thereof shall (1) restrict the Bank any Lender from providing information to Federal Reserve supervisory staff, (2) require or permit, without the prior approval of the Federal Reserve, the Bank any Lender to disclose to such the Borrower or any affiliate Affiliate that any information will be or was provided to Federal Reserve supervisory staff, or (3) require or permit, without the prior approval of the Federal Reserve, the Bank any Lender to inform such the Borrower or any affiliate Affiliate of a current or upcoming Federal Reserve examination or any nonpublic Federal Reserve supervisory initiative or action. Nothing in this Credit Agreement or the Loan Documents shall prevent any of the parties hereto and their respective directors, officers, employees, agents and advisors from disclosing to any and all Persons the Tax treatment and Tax structure of the transactions contemplated by this Credit Agreement.

Treatment of Certain Information. The Bank Each Lender agrees with each the Borrower to use reasonable precautions to keep confidential, in accordance with the Banksuch Lender’s customary procedures for handling confidential information of the same nature, all non-public information supplied by such the Borrower pursuant to this Credit Agreement which (a)(i) is clearly identified by such Person as being confidential at the time the same is delivered to the Banksuch Lender, or (ii) constitutes any financial statement, list of investments or other assets, financial projections or forecasts, budget, compliance certificate, audit report, draft press release, management letter or accountants’ certification delivered hereunder, and (b) as of any date of determination, was received by the Bank such Lender within the immediately preceding two year period (“Information”), provided, however, that nothing herein shall limit the disclosure of any such Information (i) on a confidential basis, to such of its respective Related Parties as need to know such Informationand service providers, (ii) on a confidential basis, to any direct, indirect or prospective counterparty (and its advisors), to any swap, derivative, securitization or other transaction under which payments are to be made by reference to the Borrower and its obligations, this Credit Agreement or payments hereunder, (iii) to the extent required by applicable laws or regulations or by any subpoena or similar legal process, or requested by any bank regulatory authority, (iiiiv) on a confidential basisbasis to any other party to the Loan Documents, to prospective lenders or participants or their counsel, (ivv) to auditors or accountants, and any analogous counterpart thereof, (vvi) on a confidential basis, to any rating agency, insurer or insurance broker, or direct or indirect provider of credit protection to a Lender or any of its Related Parties, (vii) in connection with any litigation to which the Bank such Lender is a party, (viviii) to the extent such Information (A) becomes publicly available other than as a result of a breach of this Credit Agreement, (B) becomes available to the Bank such Lender on a non-confidential basis from a source other than such the Borrower, or (C) was available to the Bank such Lender on a non-confidential basis prior to its disclosure to such Lender by the Bank by such Borrower; and (viiix) to the extent such the Borrower shall have consented to such disclosure in writing. The Bank Each Lender acknowledges that Information furnished to it pursuant to this Credit Agreement may include material non-public information concerning such the Borrower, its Related Parties or such the Borrower’s securities, and confirms that it has developed compliance procedures regarding the use of material non-public information and that it will handle such material non-public information in accordance with those procedures and applicable law. Notwithstanding anything to the contrary contained in any Loan Document, no provision thereof shall (1) restrict the Bank any Lender from providing information to Federal Reserve supervisory staff, (2) require or permit, without the prior approval of the Federal Reserve, the Bank any Credit Party to disclose to such the Borrower or any affiliate that any information will be or was provided to Federal Reserve supervisory staff, or (3) require or permit, without the prior approval of the Federal Reserve, the Bank any Lender to inform such the Borrower or any affiliate of a current or upcoming Federal Reserve examination or any nonpublic Federal Reserve supervisory initiative or action. Nothing in this Credit Agreement or the Loan Documents shall prevent any of the parties hereto and their respective directors, officers, employees, agents and advisors from disclosing to any and all Persons the Tax treatment and Tax structure of the transactions contemplated by this Credit Agreement.

Treatment of Certain Information. The Bank Each Lender agrees with each Borrower to use reasonable precautions to keep confidential, in accordance with the Banksuch Lender’s customary procedures for handling confidential information of the same nature, all non-public information supplied by such the Borrower pursuant to this Credit Agreement which (a)(ia) (i) is clearly identified by such Person as being confidential at the time the same is delivered to the Banksuch Lender, or (ii) constitutes any financial statement, list of investments or other assets, financial projections or forecasts, budget, compliance certificate, audit report, draft press release, management letter or accountants’ certification delivered hereunder, and (b) as of any date of determination, was received by the Bank such Lender within the immediately preceding two year period (“Information”), provided, however, that nothing herein shall limit the disclosure of any such Information (i) to such of its respective Related Parties Parties, or (on a confidential basis) to any direct, indirect or prospective counterparty (and its advisor), to any swap, derivative or securitization transaction related to the obligations under this Credit Agreement, as need to know such Information, (ii) to the extent required by applicable laws or regulations or by any subpoena or similar legal process, or requested by any bank regulatory authority, (iii) on a confidential basis, to prospective lenders or participants or their counsel, (iv) to auditors or accountants, and any analogous counterpart thereof, (v) on a confidential basis, to any rating agency, insurer or insurance broker, or direct or indirect provider of credit protection to a Lender or any of its Related Parties, (vi) in connection with any litigation to which the Bank such Lender is a party, (vivii) to the extent such Information (A) becomes publicly available other than as a result of a breach of this Credit Agreement, (B) becomes available to the Bank such Lender on a non-confidential basis from a source other than such the Borrower, or (C) was available to the Bank such Lender on a non-confidential basis prior to its disclosure to such Lender by the Bank by such Borrower; and (viiviii) to the extent such the Borrower shall have consented to such disclosure in writing. The Bank Each Lender agrees that it will not purchase or sell securities of the Borrower for its own account while in possession of any Information. Each Lender acknowledges that Information furnished to it pursuant to this Credit Agreement may include material non-public information concerning such the Borrower, its Related Parties or such the Borrower’s securities, and confirms that it has developed compliance procedures regarding the use of material non-public information and that it will handle such material non-public information in accordance with those procedures and applicable law. Notwithstanding anything to the contrary contained in any Loan Credit Document, no provision thereof shall (1) restrict the Bank any Lender from providing information to Federal Reserve supervisory staff, (2) require or permit, without the prior approval of the Federal Reserve, the Bank any Lender to disclose to such the Borrower or any affiliate Affiliate that any information will be or was provided to Federal Reserve supervisory staff, or (3) require or permit, without the prior approval of the Federal Reserve, the Bank any Lender to inform such the Borrower or any affiliate Affiliate of a current or upcoming Federal Reserve examination or any nonpublic Federal Reserve supervisory initiative or action. Nothing in this Credit Agreement or the Loan Documents shall prevent any of the parties hereto and their respective directors, officers, employees, agents and advisors from disclosing to any and all Persons the Tax treatment and Tax structure of the transactions contemplated by this Credit Agreement.

Treatment of Certain Information. The Bank agrees with each Borrower to use reasonable precautions to keep confidential, in accordance with the Bank’s customary procedures for handling confidential information of the same nature, all non-public information supplied by such the Borrower pursuant to this Credit Agreement which (a)(i) is clearly identified by such Person as being confidential at the time the same is delivered to the Bank, or (ii) constitutes any financial statement, list of investments or other assets, financial projections or forecasts, budget, compliance certificate, audit report, draft press release, management letter or accountants’ certification delivered hereunder, and (b) as of any date of determination, was received by the Bank within the immediately preceding two year period (“Information”), provided, however, that nothing herein shall limit the disclosure of any such Information (i) to such of its respective Related Parties as need to know such InformationInformation and agree to keep such information confidential, (ii) to the extent required by applicable laws or regulations or by any subpoena or similar legal process, or requested by any bank regulatory authority, (iii) on a confidential basis, to prospective lenders or their counsel, (iv) to auditors or accountants, and any analogous counterpart thereof, (v) in connection with any litigation to which the Bank is a party, (vi) to the extent such Information (A) becomes publicly available other than as a result of a breach of this Credit Agreement, (B) becomes available to the Bank on a non-confidential basis from a source other than such the Borrower, or (C) was available to the Bank on a non-confidential basis prior to its disclosure to the Bank by such the Borrower; and (vii) to the extent such the Borrower shall have consented to such disclosure in writing. The Bank acknowledges that Information furnished to it pursuant to this Credit Agreement may include material non-public information concerning such the Borrower, its Related Parties or such the Borrower’s 's securities, and confirms that it has developed compliance procedures regarding the use of material non-public information and that it will handle such material non-public information in accordance with those procedures and applicable law. Notwithstanding anything to the contrary contained in any Loan Document, no provision thereof shall (1) restrict the Bank from providing information to Federal Reserve supervisory staff, (2) require or permit, without the prior approval of the Federal Reserve, the Bank to disclose to such the Borrower or any affiliate that any information will be or was provided to Federal Reserve supervisory staff, or (3) require or permit, without the prior approval of the Federal Reserve, the Bank to inform such the Borrower or any affiliate of a current or upcoming Federal Reserve examination or any nonpublic Federal Reserve supervisory initiative or action. Nothing in this Credit Agreement or the Loan Documents shall prevent any of the parties hereto and their respective directors, officers, employees, agents and advisors from disclosing to any and all Persons the Tax treatment and Tax structure of the transactions contemplated by this Credit Agreement.

Treatment of Certain Information. The Bank agrees with each Borrower to use reasonable precautions to keep confidential, in accordance with the Bank’s customary procedures for handling confidential information of the same nature, all non-public information supplied by such the Borrower pursuant to this Credit Agreement which (a)(i) is clearly identified by such Person as being confidential at the time the same is delivered to the Bank, or (ii) constitutes any financial statement, list of investments or other assets, financial projections or forecasts, budget, compliance certificate, audit report, draft press release, management letter or accountants’ certification delivered hereunder, and (b) as of any date of determination, was received by the Bank within the immediately preceding two three year period (“Information”), provided, however, that nothing herein shall limit the disclosure of any such Information (i) to such of its respective Related Parties as need to know such Information, (ii) to the extent required by applicable laws or regulations or by any subpoena or similar legal process, or requested by any bank regulatory authority, (iii) on a confidential basis, to prospective lenders or their counsel, (iv) to auditors or accountants, and any analogous counterpart thereof, (v) in connection with any litigation to which the Bank is a party, (vi) to the extent such Information (A) becomes publicly available other than as a result of a breach of this Credit Agreement, (B) becomes available to the Bank on a non-confidential basis from a source other than such the Borrower, or (C) was available to the Bank on a non-confidential basis prior to its disclosure to the Bank by such the Borrower; and (vii) to the extent such the Borrower shall have consented to such disclosure in writing. The Bank agrees that it will not purchase or sell securities of the Borrower for its own account while in possession of any Information. The Bank acknowledges that Information furnished to it pursuant to this Credit Agreement may include material non-public information concerning such the Borrower, its Related Parties or such the Borrower’s 's securities, and confirms that it has developed compliance procedures regarding the use of material non-public information and that it will handle such material non-public information in accordance with those procedures and applicable law. Notwithstanding anything to the contrary contained in any Loan Document, no provision thereof shall (1) restrict the Bank from providing information to Federal Reserve supervisory staff, (2) require or permit, without the prior approval of the Federal Reserve, the Bank to disclose to such the Borrower or any affiliate that any information will be or was provided to Federal Reserve supervisory staff, or (3) require or permit, without the prior approval of the Federal Reserve, the Bank to inform such the Borrower or any affiliate of a current or upcoming Federal Reserve examination or any nonpublic Federal Reserve supervisory initiative or action. Nothing in this Credit Agreement or the Loan Documents shall prevent any of the parties hereto and their respective directors, officers, employees, agents and advisors from disclosing to any and all Persons the Tax treatment and Tax structure of the transactions contemplated by this Credit Agreement.

Treatment of Certain Information. The Bank Each Lender agrees with each Borrower to use reasonable precautions to keep confidential, in accordance with the Bank’s such Lender's customary procedures for handling confidential information of the same nature, all non-public information supplied by such the Borrower pursuant to this Credit Agreement which (a)(i) is a)is clearly identified by such Person as being confidential at the time the same is delivered to the Banksuch Lender, or (ii) constitutes b)constitutes any financial statement, list of investments or other assets, financial projections or forecasts, budget, compliance certificate, audit report, draft press release, management letter or accountants’ ' certification delivered hereunder, and hereunder (b) as of any date of determination, was received by the Bank within the immediately preceding two year period (“"Information”"), provided, however, that nothing herein shall limit the disclosure of any such Information (i) i)on a confidential basis, to such of its respective Related Parties as need to know such Informationand service providers, (ii) to ii)to the extent required by applicable laws or regulations or by any subpoena or similar legal process, or requested by any bank regulatory authority, (iii) on iii)on a confidential basis, to other parties to the Loan Documents, prospective lenders or their counsel, (iv) to iv)to auditors or accountants, and any analogous counterpart thereof, (v) in v)in connection with any litigation to which the Bank such Lender is a party, (vi) to vi)to the extent such Information (A) becomes publicly available other than as a result of a breach of this Credit Agreement, (B) becomes available to the Bank such Lender on a non-confidential basis from a source other than such the Borrower, or (C) was available to the Bank such Lender on a non-confidential basis prior to its disclosure to such Lender by the Bank by such Borrower; and (vii) to vii)to the extent such the Borrower shall have consented to such disclosure in writing. The Bank acknowledges that Information furnished to it pursuant to this Credit Agreement may include material non-public information concerning such Borrower, its Related Parties or such Borrower’s securities, and confirms that it has developed compliance procedures regarding the use of material non-public information and that it will handle such material non-public information in accordance with those procedures and applicable law. Notwithstanding anything to the contrary contained in any Loan Document, no provision thereof shall (1) restrict the Bank any Lender from providing information to Federal Reserve supervisory staff, (2) require or permit, without the prior approval of the Federal Reserve, the Bank any Lender to disclose to such the Borrower or any affiliate Affiliate that any information will be or was provided to Federal Reserve supervisory staff, or (3) require or permit, without the prior approval of the Federal Reserve, the Bank any Lender to inform such the Borrower or any affiliate Affiliate of a current or upcoming Federal Reserve examination or any nonpublic Federal Reserve supervisory initiative or action. Nothing in this Credit Agreement or the Loan Documents shall prevent any of the parties hereto and their respective directors, officers, employees, agents and advisors from disclosing to any and all Persons the Tax treatment and Tax structure of the transactions contemplated by this Credit Agreement.

Treatment of Certain Information. The Bank Each Lender agrees with each Borrower to use reasonable precautions to keep confidential, in accordance with the Banksuch Lender’s customary procedures for handling confidential information of the same nature, all non-public information supplied by such the Borrower pursuant to this Credit Agreement which (a)(i) is clearly identified by such Person as being confidential at the time the same is delivered to the Banksuch Lender, or (ii) constitutes any financial statement, list of investments or other assets, financial projections or forecasts, budget, compliance certificate, audit report, draft press release, management letter or accountants’ certification delivered hereunder, and (b) as of any date of determination, was received by the Bank such Lender within the immediately preceding two one year period (“Information”), provided, however, that nothing herein shall limit the disclosure of any such Information (i) to such of its respective Related Parties Parties, or (on a confidential basis) to any direct, indirect or prospective counterparty (and its advisor), to any swap, derivative or securitization transaction related to the obligations under this Credit Agreement, as need to know such Information, (ii) to the extent required by applicable laws or regulations or by any subpoena or similar legal process, or requested by any bank regulatory authority, (iii) on a confidential basis, to prospective lenders or participants or their counsel, (iv) to auditors or accountants, and any analogous counterpart thereof, (v) on a confidential basis, to any rating agency, insurer or insurance broker, or direct or indirect provider of credit protection to a Lender or any of its Related Parties, (vi) in connection with any litigation to which the Bank such Lender is a party, (vivii) to the extent such Information (A) becomes publicly available other than as a result of a breach of this Credit Agreement, (B) becomes available to the Bank such Lender on a non-confidential basis from a source other than such the Borrower, or (C) was available to the Bank such Lender on a non-confidential basis prior to its disclosure to such Lender by the Bank by such Borrower; and (viiviii) to the extent such the Borrower shall have consented to such disclosure in writing. The Bank Each Lender agrees that it will not purchase or sell securities of the Borrower for its own account while in possession of any Information. Each Lender acknowledges that Information furnished to it pursuant to this Credit Agreement may include material non-public information concerning such the Borrower, its Related Parties or such the Borrower’s securities, and confirms that it has developed compliance procedures regarding the use of material non-public information and that it will handle such material non-public information in accordance with those procedures and applicable law. Notwithstanding anything to the contrary contained in any Loan Credit Document, no provision thereof shall (1) restrict the Bank any Lender from providing information to Federal Reserve supervisory staff, (2) require or permit, without the prior approval of the Federal Reserve, the Bank any Lender to disclose to such the Borrower or any affiliate Affiliate that any information will be or was provided to Federal Reserve supervisory staff, or (3) require or permit, without the prior approval of the Federal Reserve, the Bank any Lender to inform such the Borrower or any affiliate Affiliate of a current or upcoming Federal Reserve examination or any nonpublic Federal Reserve supervisory initiative or action. Nothing in this Credit Agreement or the Loan Documents shall prevent any of the parties hereto and their respective directors, officers, employees, agents and advisors from disclosing to any and all Persons the Tax treatment and Tax structure of the transactions contemplated by this Credit Agreement.

Treatment of Certain Information. The Bank Each Lender agrees with each Borrower to use reasonable precautions to keep confidential, in accordance with the Banksuch Lender’s customary procedures for handling confidential information of the same nature, all non-public information supplied by such the Borrower pursuant to this Credit Agreement which (a)(ia) is clearly identified by such Person as being confidential at the time the same is delivered to the Banksuch Lender, or (iib) constitutes any financial statement, list of investments or other assets, financial projections or forecasts, budget, compliance certificate, audit report, draft press release, management letter or accountants’ certification delivered hereunder, and (b) as of any date of determination, was received by the Bank within the immediately preceding two year period hereunder (“Information”), provided, however, that nothing herein shall limit the disclosure of any such Information (i) on a confidential basis, to such of its respective Related Parties as need to know such Informationand service providers, (ii) to the extent required by applicable laws or regulations or by any subpoena or similar legal process, or requested by any bank regulatory authority, (iii) on a confidential basis, to prospective lenders or their counsel, (iv) to auditors or accountants, and any analogous counterpart thereof, (v) in connection with any litigation to which the Bank such Lender is a party, (vi) to the extent such Information (A) becomes publicly available other than as a result of a breach of this Credit Agreement, (B) becomes available to the Bank such Lender on a non-confidential basis from a source other than such the Borrower, or (C) was available to the Bank such Lender on a non-confidential basis prior to its disclosure to such Lender by the Bank by such Borrower; and (vii) to the extent such the Borrower shall have consented to such disclosure in writing. The Bank acknowledges that Information furnished to it pursuant to this Credit Agreement may include material non-public information concerning such Borrower, its Related Parties or such Borrower’s securities, and confirms that it has developed compliance procedures regarding the use of material non-public information and that it will handle such material non-public information in accordance with those procedures and applicable law. Notwithstanding anything to the contrary contained in any Loan Document, no provision thereof shall (1) restrict the Bank any Lender from providing information to Federal Reserve supervisory staff, (2) require or permit, without the prior approval of the Federal Reserve, the Bank any Lender to disclose to such the Borrower or any affiliate Affiliate that any information will be or was provided to Federal Reserve supervisory staff, or (3) require or permit, without the prior approval of the Federal Reserve, the Bank any Lender to inform such the Borrower or any affiliate Affiliate of a current or upcoming Federal Reserve examination or any nonpublic Federal Reserve supervisory initiative or action. Nothing in this Credit Agreement or the Loan Documents shall prevent any of the parties hereto and their respective directors, officers, employees, agents and advisors from disclosing to any and all Persons the Tax treatment and Tax structure of the transactions contemplated by this Credit Agreement.

Treatment of Certain Information. The Bank agrees with each Borrower to use reasonable precautions to keep confidential, in accordance with the Bank’s customary procedures for handling confidential information of the same nature, all non-public information supplied by such the Borrower pursuant to this Credit Agreement which (a)(i) is clearly identified by such Person as being confidential at the time the same is delivered to the Bank, or (ii) constitutes any financial statement, list of investments or other assets, financial projections or forecasts, budget, compliance certificate, audit report, draft press release, management letter or accountants’ certification delivered hereunder, and (b) as of any date of determination, was received by the Bank within the immediately preceding two year period (“Information”), provided, however, that nothing herein shall limit the disclosure of any such Information (i) on a confidential basis, to such of its respective service providers and Related Parties as need to know such InformationParties, (ii) to the extent required by applicable laws or regulations or by any subpoena or similar legal process, or requested by any bank regulatory authority, (iii) on a confidential basis, to prospective lenders or their counsel, (iv) to auditors or accountants, and any analogous counterpart thereof, (v) in connection with any litigation to which the Bank is a party, (vi) to the extent such Information (A) becomes publicly available other than as a result of a breach of this Credit Agreement, (B) becomes available to the Bank on a non-confidential basis from a source other than such the Borrower, or (C) was available to the Bank on a non-confidential basis prior to its disclosure to the Bank by such the Borrower; and (vii) to the extent such the Borrower shall have consented to such disclosure in writing. The Bank acknowledges that Information furnished to it pursuant to this Credit Agreement may include material non-public information concerning such the Borrower, its Related Parties or such the Borrower’s securities, and confirms that it has developed compliance procedures regarding the use of material non-public information and that it will handle such material non-public information in accordance with those procedures and applicable law. Notwithstanding anything to the contrary contained in any Loan Document, no provision thereof shall (1) restrict the Bank from providing information to Federal Reserve supervisory staff, (2) require or permit, without the prior approval of the Federal Reserve, the Bank to disclose to such the Borrower or any affiliate that any information will be or was provided to Federal Reserve supervisory staff, or (3) require or permit, without the prior approval of the Federal Reserve, the Bank to inform such the Borrower or any affiliate of a current or upcoming Federal Reserve examination or any nonpublic Federal Reserve supervisory initiative or action. Nothing in this Credit Agreement or the Loan Documents shall prevent any of the parties hereto and their respective directors, officers, employees, agents and advisors from disclosing to any and all Persons the Tax treatment and Tax structure of the transactions contemplated by this Credit Agreement.

Treatment of Certain Information. The Bank agrees with each Borrower to use reasonable precautions to keep confidential, in accordance with the Bank’s customary procedures for handling confidential information of the same nature, all non-public information supplied by such the Borrower pursuant to this Credit Agreement which (a)(i1)(a) is clearly identified by such Person as being confidential at the time the same is delivered to the Bank, or (iib) constitutes any financial statement, list of investments or other assets, financial projections or forecasts, budget, compliance certificate, audit report, draft press release, management letter or accountants’ certification delivered hereunder, and (b2) as of any date of determination, was received by the Bank within the immediately preceding two year period (“Information”), providedInformation”),provided, however, that nothing herein shall limit the disclosure of any such Information (i) to such of its respective Related Parties as need to know such Information, (ii) to the extent required by applicable laws or regulations or by any subpoena or similar legal process, or requested by any bank regulatory authority, (iii) on a confidential basis, to prospective lenders or their counsel, (iv) to auditors or accountants, and any analogous counterpart thereof, (v) in connection with any litigation to which the Bank is a party, (vi) to the extent such Information (A) becomes publicly available other than as a result of a breach of this Credit Agreement, (B) becomes available to the Bank on a non-confidential basis from a source other than such the Borrower, or (C) was available to the Bank on a non-confidential basis prior to its disclosure to the Bank by such the Borrower; and (vii) to the extent such the Borrower shall have consented to such disclosure in writing. The Bank agrees that it will not purchase or sell securities of the Borrower for its own account while in possession of any Information. The Bank acknowledges that Information furnished to it pursuant to this Credit Agreement may include material non-public information concerning such the Borrower, its Related Parties or such the Borrower’s 's securities, and confirms that it has developed compliance procedures regarding the use of material non-public information and that it will handle such material non-public information in accordance with those procedures and applicable law. Notwithstanding anything to the contrary contained in any Loan Document, no provision thereof shall (1) restrict the Bank from providing information to Federal Reserve supervisory staff, (2) require or permit, without the prior approval of the Federal Reserve, the Bank to disclose to such the Borrower or any affiliate Affiliate that any information will be or was provided to Federal Reserve supervisory staff, or (3) require or permit, without the prior approval of the Federal Reserve, the Bank to inform such the Borrower or any affiliate Affiliate of a current or upcoming Federal Reserve examination or any nonpublic Federal Reserve supervisory initiative or action. Nothing in this Credit Agreement or the Loan Documents shall prevent any of the parties hereto and their respective directors, officers, employees, agents and advisors from disclosing to any and all Persons the Tax treatment and Tax structure of the transactions contemplated by this Credit Agreement.