Common use of Certification of Public Information Clause in Contracts

Certification of Public Information. Concurrently with the delivery of any document or notice required to be delivered pursuant to this Section 5.1, Holdings shall indicate in writing whether such document or notice contains Nonpublic Information. Holdings and each Lender acknowledge that certain of the Lenders may be “public-side” Lenders (Lenders that do not wish to receive material non-public information with respect to Holdings, its Subsidiaries or their securities) and, if documents or notices required to be delivered pursuant to this Section 5.1 or otherwise are being distributed through IntraLinks/IntraAgency, SyndTrak or another relevant website or other information platform (the “Platform”), any document or notice that Holdings has indicated contains Nonpublic Information shall not be posted on that portion of the Platform designated for such public-side Lenders. If Holdings has not indicated whether a document or notice delivered pursuant to this Section 5.1 contains Nonpublic Information, Administrative Agent shall deem such information to be Nonpublic Information until confirmed otherwise by Holdings (such confirmation not to be unreasonably withheld or delayed) and shall not post such document or notice on that portion of the Platform designated for Lenders who do not wish to receive material nonpublic information with respect to Holdings, its Subsidiaries and their Securities.

Certification of Public Information. (a) Concurrently with the delivery of any document or notice required to be delivered pursuant to this Section 5.1any Loan Document, Holdings the Borrowers shall indicate in writing whether such document or notice contains Nonpublic Information. Holdings The Borrowers and each Lender acknowledge that certain of the Lenders may be “public-side” Lenders (Lenders that do not wish to receive material non-public information with respect to Holdingsthe Borrowers, its their Subsidiaries or their securities) and, if documents or notices required to be delivered pursuant to this Section 5.1 5.14 or otherwise are being distributed through IntraLinks/IntraAgency, SyndTrak Syndtrak or another relevant website or other information platform (the “Platform”), any document or notice that Holdings has the Borrowers have indicated contains Nonpublic Information shall not be posted on that portion of the Platform designated for such public-side Lenders. If Holdings has the Borrowers have not indicated whether a document or notice delivered pursuant to this Section 5.1 5.14 contains Nonpublic Information, the Administrative Agent shall deem such information to be Nonpublic Information until confirmed otherwise by Holdings (such confirmation not to be unreasonably withheld or delayed) and shall not post such document or notice solely on that portion of the Platform designated for Lenders who do not wish to receive material nonpublic non-public information with respect to Holdingsthe Borrowers, its their Subsidiaries and their Securitiessecurities. By marking any documents, information or other data “PUBLIC,” the Borrowers shall be deemed to have authorized the Lenders to treat such documents, information or other data as not containing Nonpublic Information. The Borrowers acknowledge and agree that the list of Disqualified Institutions does not constitute Nonpublic Information and shall be posted promptly to all Lenders by the Administrative Agent (including any updates thereto).

Certification of Public Information. Concurrently with the delivery of any document or notice required to be delivered pursuant to this Section 5.1, Holdings shall the Borrower will indicate in writing whether such document or notice contains Nonpublic Information. Holdings The Borrower and each Lender acknowledge that certain of the Lenders may be “public-side” Lenders (Lenders that do not wish to receive material non-public information with respect to HoldingsNonpublic Information, its Subsidiaries or their securitiesa “Public Lender”) and, if documents or notices required to be delivered pursuant to this Section 5.1 or otherwise are being distributed by Electronic Transmission (including, through IntraLinks/IntraAgency, SyndTrak or another relevant website or other information platform approved by the Administrative Agent (the “Platform”)), any document or notice that Holdings the Borrower has indicated contains Nonpublic Information shall will not be posted on that portion of the Platform designated for such public-side Lenders. If Holdings the Borrower has not indicated whether a document or notice delivered pursuant to this Section 5.1 contains Nonpublic Information, the Administrative Agent shall deem such information reserves the right to be Nonpublic Information until confirmed otherwise by Holdings (such confirmation not to be unreasonably withheld or delayed) and shall not post such document or notice solely on that portion of the Platform designated for Lenders who do not wish to receive material nonpublic information Nonpublic Information with respect to Holdings, its the Borrower and the Subsidiaries and their Securitiesrespective securities. Notwithstanding the foregoing or anything to the contrary in this Agreement, the following documentation, notices and information shall be deemed not to contain Nonpublic Information: (A) the Credit Documents, (B) notification of changes in the terms of the Credit Documents and (C) all information delivered pursuant to Section 5.1(a) or (b).

Certification of Public Information. Concurrently with the delivery of any document or notice required to be delivered pursuant to this Section 5.1, Holdings shall the Borrower will indicate in writing whether such document or notice contains Public Information; provided that, unless the Borrower has indicated that such document or notice contains Public Information, each Lender acknowledges that each such document or notice shall be presumed to contain Nonpublic Information. Holdings The Borrower and each Lender acknowledge that certain of the Lenders may be “public-side” Lenders (Lenders that do not wish to receive material non-public information with respect to HoldingsNonpublic Information, its Subsidiaries or their securitiesa “Public Lender”) and, if documents or notices required to be delivered pursuant to this Section 5.1 or otherwise are being distributed by Electronic Transmission (including, through IntraLinks/IntraAgency, SyndTrak or another relevant website or other information platform approved by the Administrative Agent (the “Platform”)), any document or notice that Holdings the Borrower has indicated contains Nonpublic Information shall delivered will not be posted on that portion of the Platform designated for such public-side LendersPublic Lenders unless the Borrower expressly indicated that such document or notice contains Public Information. If Holdings the Borrower has not indicated whether a document or notice delivered pursuant to this Section 5.1 contains Nonpublic Public Information, the Administrative Agent shall deem such information reserves the right to be Nonpublic Information until confirmed otherwise by Holdings (such confirmation not to be unreasonably withheld or delayed) and shall not post such document or notice solely on that portion of the Platform designated for Lenders who do not wish to receive material nonpublic information Nonpublic Information with respect to Holdings, its the Borrower and the Subsidiaries and their Securitiesrespective securities. Notwithstanding the foregoing or anything to the contrary in this Agreement, the following documentation, notices and information shall be deemed not to contain Nonpublic Information: (i) the Credit Documents, (ii) notification of changes in the terms of the Credit Documents and (iii) all information delivered pursuant to Section 5.1(a), (b) or (e).

Certification of Public Information. Concurrently with the delivery of any document or notice required to be delivered pursuant to this Section 5.1, Holdings shall indicate in writing whether such document or notice contains Nonpublic Information. Holdings Borrower and each Lender acknowledge that certain of the Lenders may be “public-side” Public Lenders (Lenders that do not wish to receive material non-public information with respect to Holdings, its Subsidiaries or their securities) and, if documents or notices required to be delivered pursuant to this Section 5.1 5.01 or otherwise are being distributed through IntraLinks/IntraAgency, SyndTrak or another relevant website or other information platform (the “Platform”), any document or notice that Holdings Borrower has indicated contains Nonpublic Non-Public Information shall not be posted on that portion of the Platform designated for such public-side Public Lenders. Borrower agrees to clearly designate all information provided to Administrative Agent by or on behalf of Borrower which is suitable to make available to Public Lenders. If Holdings Borrower has not indicated whether a document or notice delivered pursuant to this Section 5.1 5.01 contains Nonpublic Non-Public Information, Administrative Agent shall deem such information reserves the right to be Nonpublic Information until confirmed otherwise by Holdings (such confirmation not to be unreasonably withheld or delayed) and shall not post such document or notice solely on that portion of the Platform designated for Lenders who do not wish to receive material nonpublic non-public information with respect to HoldingsBorrower, its Restricted Subsidiaries and their Securitiessecurities. Information required to be delivered pursuant to Section 5.01(a), Section 5.01(b), and Section 5.01(k) shall be deemed to have been delivered if such information, or one or more annual, quarterly or other periodic reports containing such information, shall have been posted by Administrative Agent on an IntraLinks or similar site to which the Lenders have been granted access or shall be available on the website of the SEC at xxxx://xxx.xxx.xxx.

Certification of Public Information. Concurrently with the delivery of any document or notice required to be delivered pursuant to this Section 5.1, Holdings shall the Company will indicate in writing whether such document or notice contains Nonpublic Information. Holdings The Company and each Lender acknowledge that certain of the Lenders may be “public-side” Lenders (Lenders that do not wish to receive material non-public information with respect to HoldingsNonpublic Information, its Subsidiaries or their securitiesa “Public Lender”) and, if documents or notices required to be delivered pursuant to this Section 5.1 or otherwise are being distributed by Electronic Transmission (including, through IntraLinks/IntraAgency, SyndTrak or another relevant website or other information platform approved by the Administrative Agent (the “Platform”)), any document or notice that Holdings the Company has indicated contains Nonpublic Information shall will not be posted on that portion of the Platform designated for such public-side Lenders. If Holdings the Company has not indicated whether a document or notice delivered pursuant to this Section 5.1 contains Nonpublic Information, the Administrative Agent shall deem such information reserves the right to be Nonpublic Information until confirmed otherwise by Holdings (such confirmation not to be unreasonably withheld or delayed) and shall not post such document or notice solely on that portion of the Platform designated for Lenders who do not wish to receive material nonpublic information Nonpublic Information with respect to Holdings, its the Company and the Subsidiaries and their Securitiesrespective securities. Notwithstanding the foregoing or anything to the contrary in this Agreement, the following documentation, notices and information shall be deemed not to contain Nonpublic Information: (A) the Credit Documents, (B) notification of changes in the terms of the Credit Documents and (C) all information delivered pursuant to Section 5.1(a), (b) or (e).

Certification of Public Information. Concurrently From and after the occurrence of an IPO or at any other time when Holdings or any of its Subsidiaries are subject to the reporting requirements of the Securities Act or the Exchange Act, concurrently with the delivery of any document or notice required to be delivered pursuant to this Section 5.1, Holdings Parent Borrower shall indicate in writing whether such document or notice contains Nonpublic Information. From and after the occurrence of an IPO or at any other time when Holdings or any of its Subsidiaries are subject to the reporting requirements of the Securities Act or the Exchange Act, any document or notice required to be delivered pursuant to this Section 5.1 shall be deemed to contain Nonpublic Information unless Parent Borrower specifies otherwise. Parent Borrower and each Lender acknowledge acknowledges that certain of the Lenders may be “public-side” Lenders (Lenders that do not wish to receive material non-public information with respect to Holdings, its Subsidiaries or their securities) and, if documents or notices required to be delivered pursuant to this Section 5.1 or otherwise are being distributed through IntraLinks/IntraAgency, SyndTrak or another relevant website or other information platform (the “Platform”), any document or notice that Holdings has indicated which contains Nonpublic Information (or is deemed to contain Nonpublic Information) shall not be posted on that portion of the Platform designated for such public-side Lenders. If Holdings has not indicated whether a document or notice delivered pursuant to this Section 5.1 contains Nonpublic Information, Administrative Agent shall deem such information to be Nonpublic Information until confirmed otherwise by Holdings (such confirmation not to be unreasonably withheld or delayed) and shall not post such document or notice on that portion of the Platform designated for Lenders who do not wish to receive material nonpublic information with respect to Holdings, its Subsidiaries and their Securities.

Certification of Public Information. Concurrently with the delivery of any document or notice required to be delivered pursuant to this Section 5.1Holdings, Holdings shall indicate in writing whether such document or notice contains Nonpublic Information. Holdings Xxxxxxx and each Lender acknowledge that certain of the Lenders may be “public-side” Lenders (Lenders that do not wish to receive material nonNon-public information Public Information with respect to Holdings, its Xxxxxxx, their respective Subsidiaries or their securitiesSecurities) and, if documents or notices required to be delivered pursuant to this Section 5.1 or otherwise are being distributed through IntraLinks/IntraAgency, SyndTrak or another relevant website or other information platform (the “Platform”), any document or notice that Holdings or Xxxxxxx has indicated contains Nonpublic Non-Public Information shall not be posted on that portion of the Platform designated for such public-side Lenders. Holdings and Xxxxxxx agree to clearly designate all Information provided to Administrative Agent by or on behalf of Holdings or Xxxxxxx which is suitable to make available to Public Lenders. If Holdings or Xxxxxxx has not indicated whether a document or notice delivered pursuant to this Section 5.1 contains Nonpublic Non-Public Information, Administrative Agent shall deem such information to be Nonpublic Information until confirmed otherwise by Holdings (such confirmation not to be unreasonably withheld or delayed) and shall not post such document or notice solely on that portion of the Platform designated for Lenders who do not wish to receive material nonpublic information Non-Public Information with respect to Holdings, its Xxxxxxx, their respective Subsidiaries and their Securities.

Certification of Public Information. Concurrently with the delivery of any document or notice required to be delivered pursuant to this Section 5.1, Holdings shall indicate in writing whether such document or notice contains Nonpublic Information. Holdings Borrowers and each Lender acknowledge that certain of the Lenders may be “public-side” Public Lenders (Lenders that do not wish to receive material non-public information with respect to Holdings, its Subsidiaries or their securities) and, if documents or notices required to be delivered pursuant to this Section 5.1 5.01 or otherwise are being distributed through IntraLinks/IntraAgency, SyndTrak or another relevant website or other information platform (the “Platform”), any document or notice that Holdings has Borrowers have indicated contains Nonpublic Non-Public Information shall not be posted on that portion of the Platform designated for such public-side Public Lenders. Borrowers agree to clearly designate all information provided to Administrative Agent by or on behalf of Borrowers which is suitable to make available to Public Lenders. If Holdings has Borrowers have not indicated whether a document or notice delivered pursuant to this Section 5.1 5.01 contains Nonpublic Non-Public Information, Administrative Agent shall deem such information reserves the right to be Nonpublic Information until confirmed otherwise by Holdings (such confirmation not to be unreasonably withheld or delayed) and shall not post such document or notice solely on that portion of the Platform designated for Lenders who do not wish to receive material nonpublic non-public information with respect to HoldingsBorrowers, its their Restricted Subsidiaries and their Securitiessecurities. Information required to be delivered pursuant to Section 5.01(a), Section 5.01(b), and Section 5.01(l)(i) shall be deemed to have been delivered if such information, or one or more annual, quarterly or other periodic reports containing such information, shall have been posted on Borrowers’ website or if Borrowers shall have posted a link to such information on Borrowers’ website.

Certification of Public Information. Concurrently with the delivery of any document or notice required to be delivered pursuant to this Section 5.1, Holdings the then applicable Reporting Person shall indicate in writing whether such document or notice contains Nonpublic Information; provided that until the earlier of the IPO or written notice from the then applicable Reporting Person to the contrary, MLP and Pipeline hereby indicates that all such documents and notices will contain Nonpublic Information. Holdings MLP and Pipeline and each Lender acknowledge that certain of the Lenders may be “public-side” Lenders (Lenders that do not wish to receive material non-public information with respect to Holdingsthe Reporting Person, its Subsidiaries subsidiaries or their securities) and, if documents or notices required to be delivered pursuant to this Section 5.1 or otherwise are being distributed through IntraLinks/IntraAgency, SyndTrak IntraAgency or another relevant website or other information platform (the “Platform”), any document or notice that Holdings the then applicable Reporting Person has indicated contains Nonpublic Information shall not be posted on that portion of the Platform designated for such public-side Lenders. If Holdings the then applicable Reporting Person has not indicated whether a document or notice delivered pursuant to this Section 5.1 contains Nonpublic Information, Administrative Agent shall deem such information reserves the right to be Nonpublic Information until confirmed otherwise by Holdings (such confirmation not to be unreasonably withheld or delayed) and shall not post such document or notice solely on that portion of the Platform designated for Lenders who do not wish to receive material nonpublic information with respect to Holdingsthe then applicable Reporting Person, its Subsidiaries subsidiaries and their Securitiessecurities.

Certification of Public Information. Concurrently with the delivery of any document or notice required to be delivered pursuant to this Section 5.1, Holdings Borrower shall use its commercially reasonable efforts to indicate in writing whether such document or notice contains Nonpublic Information. Holdings Any document or notice required to be delivered pursuant to this Section 5.1 shall be deemed to contain Nonpublic Information unless Borrower specifies otherwise. Borrower and each Lender acknowledge that certain of the Lenders may be “publicPublic-side” side Lenders (Lenders that do not wish to receive material non-public information with respect to Holdings, its Subsidiaries or their securities) and, if documents or notices required to be delivered pursuant to this Section 5.1 or otherwise are being distributed through IntraLinks/IntraAgency, SyndTrak or another relevant website or other information platform (the “Platform”"PLATFORM"), any document or notice that Holdings Borrower has indicated contains Nonpublic Information shall not be posted on that portion of the Platform designated for such publicPublic-side Side Lenders. If Holdings Borrower has not indicated whether a document or notice delivered pursuant to this Section 5.1 contains Nonpublic Information, Administrative Agent shall deem such information reserves the right to be Nonpublic Information until confirmed otherwise by Holdings (such confirmation not to be unreasonably withheld or delayed) and shall not post such document or notice solely on that portion of the Platform designated for the Private-Side Lenders who do not wish to receive material nonpublic information with respect to HoldingsBorrower, its Subsidiaries and their Securitiessecurities until notified otherwise by Borrower that such information does not contain Nonpublic Information.

Certification of Public Information. (a) Concurrently with the delivery of any document or notice required to be delivered pursuant to this Section 5.1any Loan Document, Holdings the Borrowers shall indicate in writing whether such document or notice contains Nonpublic Information. Holdings The Borrowers and each Lender acknowledge that certain of the Lenders may be “public-side” Lenders (Lenders that do not wish to receive material non-public information with respect to Holdingsthe Borrowers, its their Subsidiaries or their securities) and, if documents or notices required to be delivered pursuant to this Section 5.1 5.14 or otherwise are being distributed through IntraLinks/IntraAgency, SyndTrak Syndtrak or another relevant website or other information platform (the “Platform”), any document or notice that Holdings has the Borrowers have indicated contains Nonpublic Information shall not be posted on that portion of the Platform designated for such public-side Lenders. If Holdings has the Borrowers have not indicated whether a document or notice delivered pursuant to this Section 5.1 5.14 contains Nonpublic Non-public Information, the Administrative Agent shall deem such information to be Nonpublic Information until confirmed otherwise by Holdings (such confirmation not to be unreasonably withheld or delayed) and shall not post such document or notice solely on that portion of the Platform designated for Lenders who do not wish to receive material nonpublic non-public information with respect to Holdingsthe Borrowers, its their Subsidiaries and their Securitiessecurities. By marking any documents, information or other data “PUBLIC,” the Borrowers shall be deemed to have authorized the Lenders to treat such documents, information or other data as not containing Nonpublic Information. The Borrowers acknowledge and agree that the list of Disqualified Institutions does not constitute Nonpublic Information and shall be posted promptly to all Lenders by the Administrative Agent (including any updates thereto).

Certification of Public Information. Concurrently with the delivery of any document or notice required to be delivered pursuant to this Section 5.1, Holdings Company shall indicate in writing whether such document or notice contains Nonpublic Information. Holdings Any document or notice delivered pursuant to this Section 5.1 shall be deemed to contain Nonpublic Information unless Company specifies otherwise or such document or notice is filed with the Bankruptcy Court or in connection with reporting requirements of Securities and Exchange Commission. Each Credit Party and each Lender acknowledge that certain of the Lenders may be “public-side” Lenders (Lenders that do not wish to receive material non-public information with respect to HoldingsCompany, its Subsidiaries or their securities) and, if documents or notices required to be delivered pursuant to this Section 5.1 or otherwise are being distributed through IntraLinks/IntraAgency, SyndTrak or another relevant website or other information platform (the “Platform”), any document or notice that Holdings has indicated which contains Nonpublic Information (or is deemed to contain Nonpublic Information) shall not be posted on that portion of the Platform designated for such public-public side Lenders. If Holdings Company has not indicated whether a document or notice delivered pursuant to this Section 5.1 contains Nonpublic Information, Administrative Agent shall deem such information reserves the right to be Nonpublic Information until confirmed otherwise by Holdings (such confirmation not to be unreasonably withheld or delayed) and shall not post such document or notice solely on that portion of the Platform designated for Lenders who do not wish to receive material nonpublic information with respect to HoldingsParent, its Subsidiaries and their Securities.