Common use of Adequate Information; No Reliance Clause in Contracts

Adequate Information; No Reliance. Each Holder acknowledges and agrees that (i) such ▇▇▇▇▇▇ has been furnished with all materials it considers relevant to making an investment decision to enter into the Transactions, (ii) such Holder has had a full opportunity to ask questions of the Company concerning the Company, its business, operations, financial performance, financial condition and prospects, and the terms and conditions of the Transactions, (iii) such ▇▇▇▇▇▇ has had the opportunity to consult with its accounting, tax, financial and legal advisors to be able to evaluate the risks involved in the Transactions and to make an informed investment decision with respect to the Transactions, (iv) such Holder has evaluated the tax and other consequences of the Transactions and ownership of the Second Lien Notes with its tax, accounting or legal advisors, and (v) such Holder is not relying and has not relied upon any statement, advice (whether accounting, tax, financial, legal or other), representation or warranty made by the Company or any of its affiliates or representatives except for the representations and warranties made by the Company in this Agreement. Each Holder is a sophisticated participant in the Transactions; has such knowledge and experience in financial and business matters as to be capable of evaluating the merits and risks of its prospective investment in the Second Lien Notes; is capable of protecting its own interests in connection with its prospective investment in the Second Lien Notes; has the ability to bear the economic risks of its prospective investment in the Second Lien Notes and can afford the complete loss of such investment; and acknowledges that an investment in the Second Lien Notes involves a high degree of risk.

Adequate Information; No Reliance. Each Holder acknowledges and agrees that (i) such ▇▇▇▇▇▇ has been furnished with all materials it considers relevant to making an investment decision to enter into the TransactionsExchange, (ii) such Holder has had a full opportunity to ask questions of the Company concerning the Company, its business, operations, financial performance, financial condition and prospects, and the terms and conditions of the TransactionsExchange, (iii) such ▇▇▇▇▇▇ Holder has had the opportunity to consult with its accounting, tax, financial and legal advisors to be able to evaluate the risks involved in the Transactions Exchange and to make an informed investment decision with respect to the Transactionssuch Exchange, (iv) such Holder has evaluated the tax and other consequences of the Transactions Exchange and ownership of the Second Lien Exchange Notes with its tax, accounting or legal advisors, and (v) such Holder is not relying and has not relied upon any statement, advice (whether accounting, tax, financial, legal or other), representation or warranty made by the Company or any of its affiliates or representatives except for the representations and warranties made by the Company in this Agreement. Each Holder is a sophisticated participant in the TransactionsExchange; has such knowledge and experience in financial and business matters as to be capable of evaluating the merits and risks of its prospective investment in the Second Lien Exchange Notes; is capable of protecting its own interests in connection with its prospective investment in the Second Lien Exchange Notes; has the ability to bear the economic risks of its prospective investment in the Second Lien Exchange Notes and can afford the complete loss of such investment; and acknowledges that an investment in the Second Lien Exchange Notes involves a high degree of risk.

Adequate Information; No Reliance. Each The Holder acknowledges and agrees that (ia) such ▇▇▇▇▇▇ the Holder has been furnished with all materials it considers relevant to making an investment decision to enter into the TransactionsExchange and has had the opportunity to review (and has carefully reviewed) (i) the Company’s filings and submissions with the Securities and Exchange Commission (the “SEC”), including, without limitation, all information filed or furnished pursuant to the United States Securities and Exchange Act of 1934, as amended (collectively, the “Public Filings”), (ii) such Holder has had a full opportunity to ask questions this Agreement (including the exhibits hereto) and (iii)(A) the terms of the Company concerning New Notes as described in the CompanyForm of New Indenture attached hereto as Exhibit B, its business(B) the Form of Junior Lien Intercreditor Agreement (the “Junior Lien Intercreditor Agreement”), operationsthe Intercreditor Agreement, financial performance, financial condition and prospects, together with the joinder thereto (the “Intercreditor Documents”) and the terms and conditions Form of Junior Lien Security Agreements (the Transactions“Security Agreements”) attached hereto as Exhibit C (collectively, the “Collateral Documents”), (iiib) such ▇▇▇▇▇▇ the Holder has had the opportunity to consult with its accounting, tax, financial and legal advisors to be able to evaluate the risks involved in the Transactions Exchange and to make an informed investment decision with respect to the Transactions, (iv) such Holder has evaluated the tax and other consequences of the Transactions and ownership of the Second Lien Notes with its tax, accounting or legal advisors, Exchange and (vc) such the Holder is not relying and has not relied upon any statement, advice (whether accounting, tax, financial, legal or other), representation or warranty made by the Company or any of its affiliates or representatives except for the representations and warranties made by the Company in this Agreement. Each Holder is a sophisticated participant in the Transactions; has such knowledge and experience in financial and business matters as to be capable of evaluating the merits and risks of its the prospective investment in the Second Lien Notes; is capable of protecting its own interests in connection with its prospective investment in the Second Lien Notes; Shares and has the ability to bear the economic risks of its prospective investment in the Second Lien Notes and can afford the complete loss of such investment; and acknowledges that an investment in the Second Lien Notes involves a high degree of risk.

Adequate Information; No Reliance. Each The Holder acknowledges and agrees that (ia) such ▇▇▇▇▇▇ the Holder has been furnished with all materials it relating to the Company and the Exchange that the Holder considers relevant necessary or appropriate to making an investment decision to enter into the TransactionsExchange and to invest in the Exchanged New Notes and has had the opportunity to review the Company’s filings with the Securities and Exchange Commission (the “SEC”), including, without limitation, all filings made pursuant to the Exchange Act (collectively, the “SEC Documents”), (iib) such the Holder has had a full opportunity to ask questions of the Company and its representatives concerning the Company, its business, operations, financial performance, financial condition and prospects, and the terms and conditions of the TransactionsExchange, (iiic) such ▇▇▇▇▇▇ the Holder understands that its investment in the Exchanged New Notes involves a high degree of risk and has had the opportunity to consult with its accounting, tax, financial and legal advisors to be able to evaluate the risks involved in the Transactions Exchange and to make an informed investment decision with respect to the Transactions, Exchange and (ivd) such the Holder has evaluated the tax and other consequences had such opportunity to obtain from representatives of the Transactions and ownership of the Second Lien Notes with its tax, accounting or legal advisors, and (v) Company such Holder is not relying and has not relied upon any statement, advice (whether accounting, tax, financial, legal or other), representation or warranty made by materials relating to the Company or any of its affiliates or representatives except for and the representations and warranties made by the Company in this Agreement. Each Holder Exchange as is a sophisticated participant in the Transactions; has such knowledge and experience in financial and business matters as necessary to be capable of evaluating permit it to evaluate the merits and risks of its prospective investment in the Second Lien Notes; is capable Company and has independently, without reliance upon any representatives of protecting the Company and based on such materials relating to the Company and the Exchange as the Holder deemed necessary and appropriate, made its own interests in connection with its prospective investment in analysis and decision to enter into this Agreement and the Second Lien Notes; has the ability other Transaction Documents to bear the economic risks of its prospective investment in the Second Lien Notes and can afford the complete loss of such investment; and acknowledges that an investment in the Second Lien Notes involves which it is a high degree of riskparty.

Adequate Information; No Reliance. Each The Holder acknowledges and agrees that (ia) such ▇▇▇▇▇▇ the Holder has been furnished with all materials it considers relevant to making an investment decision to enter into the TransactionsTransactions and has had the opportunity to review the Public Filings, (iib) such the Holder has had a full the opportunity to ask questions of the Company concerning the Company, its business, operations, financial performance, financial condition and prospects, prospects and the terms and conditions of the Transactions, (iiic) such ▇▇▇▇▇▇ the Holder has had the opportunity to consult with its accounting, tax, financial and legal advisors to be able to evaluate the risks involved in the Transactions and to make an informed investment decision with respect to the such Transactions, (ivd) such the Holder has evaluated the tax and other consequences of the Transactions and ownership of the Second Lien Notes Exchange Consideration with its tax, accounting or legal advisors, (e) the Company is not acting as a fiduciary or financial or investment advisor to the Holder and (vf) such the Holder is not relying relying, and has not relied none have relied, upon any statement, advice (whether accounting, tax, financial, legal or other), representation or warranty made by the Company or any of its affiliates Affiliates or representatives except for (i) the Public Filings and (ii) the representations and warranties made by the Company in this Agreementthe Transaction Documents and any other documentation delivered to the Holder as part of the Restructuring Transactions. Each Such Holder is a sophisticated participant able to fend for itself in the Transactions; has such knowledge and experience in financial and business matters as to be capable of evaluating the merits and risks of its prospective investment in the Second Lien Notes; is capable of protecting its own interests in connection with its prospective investment in the Second Lien NotesExchange Consideration; has the ability to bear the economic risks of its prospective investment in the Second Lien Notes and can afford the complete loss of such investment; and acknowledges that an investment in the Second Lien Notes Exchange Consideration involves a high degree of risk.

Adequate Information; No Reliance. Each The Holder acknowledges and agrees that (ia) such ▇▇▇▇▇▇ the Holder has been furnished with all materials it considers relevant to making an investment decision to enter into the TransactionsTransactions and has had the opportunity to review the Company’s filings and submissions with the Securities and Exchange Commission (the “SEC”), including, without limitation, all information filed or furnished pursuant to the Exchange Act (iicollectively, the “Public Filings”), and (b) such the Holder has had a full the opportunity to ask questions of the Company concerning the Company, its business, operations, financial performance, financial condition and prospects, prospects and the terms and conditions of the Transactions, (iiic) such ▇▇▇▇▇▇ the Holder has had the opportunity to consult with its accounting, tax, financial and legal advisors to be able to evaluate the risks involved in the Transactions and to make an informed investment decision with respect to the such Transactions, (ivd) such the Holder has evaluated the tax and other consequences of the Transactions and receipt and ownership of the Second Lien Notes Consideration, as applicable, with its tax, accounting or legal advisors, (e) the Company is not acting as a fiduciary or financial or investment advisor to the Holder and (vf) such the Holder is not relying relying, and has not relied none have relied, upon any statement, advice (whether accounting, tax, financial, legal or other), representation or warranty made by the Company or any of its affiliates Affiliates or representatives except for (i) the Public Filings and (ii) the representations and warranties made by the Company in this Agreement. Each Holder of the Undersigned and such ▇▇▇▇▇▇ is a sophisticated participant able to fend for itself in the Transactions; , has such knowledge and experience in financial and business matters as to be capable of evaluating the merits and risks of its prospective investment in the Second Lien Notes; is capable of protecting its own interests in connection with its prospective investment in the Second Lien Holder New Notes; has the ability to bear the economic risks of its prospective investment in the Second Lien Notes and can afford the complete loss of such investment; and acknowledges that an investment in the Second Lien Holder New Notes involves a high degree of risk.

Adequate Information; No Reliance. Each Holder The Investor acknowledges and agrees that (ia) such ▇▇▇▇▇▇ the Investor has been furnished with all materials it considers relevant to making an investment decision to enter into the TransactionsTransactions and has had the opportunity to review the Company’s filings and submissions with the Securities and Exchange Commission (the “SEC”), including, without limitation, all information filed or furnished pursuant to the Exchange Act, (iib) such Holder the Investor has had a full opportunity to ask questions of the Company concerning the Company, its business, operations, financial performance, financial condition and prospects, the Company’s planned acquisition of Bonterra Builders, LLC, and the terms and conditions of the Transactions, (iiic) such ▇▇▇▇▇▇ the Investor has had the opportunity to consult with its accounting, tax, financial and legal advisors to be able to evaluate the risks involved in the Transactions and to make an informed investment decision with respect to the Transactions, (iv) such Holder has evaluated the tax and other consequences of the Transactions and ownership of (d) the Second Lien Notes with its tax, accounting or legal advisors, and (v) such Holder Investor is not relying relying, and has not relied relied, upon any statement, advice (whether accounting, tax, financial, legal or other), representation or warranty made by the Company or any of its affiliates or representatives including, without limitation, ▇.▇. ▇▇▇▇▇▇ Securities LLC, except for (A) the publicly available filings and submissions made by the Company with the SEC under the Exchange Act, and (B) the representations and warranties made by the Company in this Agreement. Each Holder The Investor is a sophisticated participant able to fend for itself in the Transactions; has such knowledge and experience in financial and business matters as to be capable of evaluating the merits and risks of its prospective investment in the Second Lien Notes; is capable of protecting its own interests in connection with its prospective investment in the Second Lien New Notes; has the ability to bear the economic risks of its prospective investment in the Second Lien Notes and can afford the complete loss of such investment; and acknowledges that an investment in the Second Lien New Notes involves a high degree of risk.