Common use of The Platform Clause in Contracts

The Platform. The Administrative Borrower hereby acknowledges that (a) the Administrative Agent will make available to the Lenders and the Issuing Banks materials and/or information provided by, or on behalf of, the Administrative Borrower hereunder (collectively, the “Borrower Materials”) by posting the Borrower Materials on IntraLinks, Syndtrak, ClearPar or another similar electronic system (the “Platform”) and (b) certain of the Lenders may be “public-side” Lenders (i.e., Lenders that do not wish to receive material nonpublic information within the meaning of the United States federal securities laws with respect to the Administrative Borrower or its securities) (each, a “Public Lender”). At the request of the Administrative Agent, the Administrative Borrower hereby agrees that (i) all Borrower Materials that are to be made available to Public Lenders shall be clearly and conspicuously marked “PUBLIC”, (ii) by marking Borrower Materials “PUBLIC,” the Administrative Borrower shall be deemed to have authorized the Administrative Agent and the Lenders to treat such Borrower Materials as information of a type that is publicly available or is not material with respect to the Administrative Borrower, its subsidiaries, any of their respective securities or the Transactions as determined in good faith by the Administrative Borrower for purposes of the United States federal securities laws and (iii) the Administrative Agent shall be required to treat Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform not marked as “Public Investor.” Notwithstanding the foregoing, the following Borrower Materials shall be deemed to be marked “PUBLIC,” unless the Administrative Borrower notifies the Administrative Agent promptly that any such document contains material nonpublic information (it being understood that the Administrative Borrower shall have a reasonable opportunity to review the same prior to distribution and comply with SEC or other applicable disclosure obligations): (1) the Loan Documents, (2) any amendment to any Loan Document and (3) any information delivered pursuant to Section 5.01(a) or (b). Each Public Lender agrees to cause at least one individual at or on behalf of such Public Lender to at all times have selected the “Private Side Information” or similar designation on the content declaration screen of the Platform in order to enable such Public Lender or its delegate, in accordance with such Public Lender’s compliance procedures and applicable law, including United States Federal and state securities laws, to make reference to communications that are not made available through the “Public Side Information” portion of the Platform and that may contain material non-public information with respect to the Administrative Borrower its securities for purposes of United States Federal or state securities laws. THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” NEITHER THE ADMINISTRATIVE AGENT NOR ANY OF ITS RELATED PARTIES (COLLECTIVELY, THE “AGENT PARTIES”) WARRANTS THE ACCURACY OR COMPLETENESS OF THE COMMUNICATIONS ON, OR THE ADEQUACY OF, THE PLATFORM, AND EACH EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN ANY SUCH COMMUNICATION. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD-PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS IS MADE BY THE AGENT PARTIES IN CONNECTION WITH THE COMMUNICATIONS OR THE PLATFORM. IN NO EVENT SHALL ANY INDEMNITEE OR ANY OTHER PARTY HERETO REFERRED TO IN SECTION 9.03(b) HAVE ANY LIABILITY TO ANY OTHER PARTY HERETO OR ANY OTHER PERSON FOR DAMAGES OF ANY KIND, WHETHER OR NOT BASED ON STRICT LIABILITY AND INCLUDING DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES (WHETHER IN TORT, CONTRACT OR OTHERWISE) ARISING OUT OF ANY PERSON’S (OTHER THAN THE RELEVANT INDEMNITEE’S OR OTHER PARTY’S OR THEIR RESPECTIVE RELATED PARTIES’) TRANSMISSION OF COMMUNICATIONS THROUGH THE INTERNET, EXCEPT TO THE EXTENT THE LIABILITY OF ANY SUCH PERSON IS FOUND BY A FINAL AND NON-APPEALABLE JUDGMENT OF A COURT OF COMPETENT JURISDICTION TO HAVE RESULTED FROM SUCH PERSON’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OR MATERIAL BREACH OF THIS AGREEMENT.

The Platform. The Administrative Borrower Company hereby acknowledges that (ai) the Administrative Agent and/or the Arrangers will make available to the Lenders and the Issuing Banks materials and/or information provided by, by or on behalf of, of the Administrative Borrower Company hereunder (collectively, the “Borrower Company Materials”) by posting the Borrower Company Materials on IntraLinks, Syndtrak, ClearPar IntraLinks or another similar electronic system (the “Platform”) and (bii) certain of the Lenders may be “public-side” Lenders (i.e., Lenders that do not wish to receive material nonpublic non-public information within the meaning of the United States federal securities laws with respect to the Administrative Borrower Company or its securities) (each, a “Public Lender”). At the request of the Administrative Agent, the Administrative Borrower The Company hereby agrees that so long as the Company is the issuer of any outstanding debt or equity securities that are registered or issued pursuant to a private offering or is actively contemplating issuing any such securities (iA) all Borrower Company Materials that are to be made available to Public Lenders shall be clearly and conspicuously marked “PUBLIC”” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (iiB) by marking Borrower Company Materials “PUBLIC,” ”, the Administrative Borrower Company shall be deemed to have authorized the Administrative Agent Agent, the Arrangers and the Lenders to treat such Borrower Company Materials as not containing any material non-public information of a type that is publicly available or is not material with respect to the Administrative Borrower, Company or its subsidiaries, any of their respective securities or the Transactions as determined in good faith by the Administrative Borrower for purposes of the United States federal Federal and state securities laws (provided, however, that to the extent such Company Materials constitute Information, they shall be treated as set forth in Section 8.15); (C) all Company Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated “Public Investor”; and (iiiD) the Administrative Agent and the Arrangers shall be required entitled to treat Borrower any Company Materials that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform not marked as designated “Public Investor.” Notwithstanding the foregoing, the following Borrower Materials Company shall be deemed under no obligation to be marked ▇▇▇▇ any Company Materials “PUBLIC,” unless the Administrative Borrower notifies the Administrative Agent promptly that any such document contains material nonpublic information (it being understood that the Administrative Borrower shall have a reasonable opportunity to review the same prior to distribution and comply with SEC or other applicable disclosure obligations): (1) the Loan Documents, (2) any amendment to any Loan Document and (3) any information delivered pursuant to Section 5.01(a) or (b). Each Public Lender agrees to cause at least one individual at or on behalf of such Public Lender to at all times have selected the “Private Side Information” or similar designation on the content declaration screen of the Platform in order to enable such Public Lender or its delegate, in accordance with such Public Lender’s compliance procedures and applicable law, including United States Federal and state securities laws, to make reference to communications that are not made available through the “Public Side Information” portion of the Platform and that may contain material non-public information with respect to the Administrative Borrower its securities for purposes of United States Federal or state securities laws”. THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” NEITHER THE ADMINISTRATIVE AGENT NOR ANY OF ITS RELATED PARTIES (COLLECTIVELY, THE “AGENT PARTIES”AS DEFINED BELOW) WARRANTS DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE COMMUNICATIONS ON, COMPANY MATERIALS OR THE ADEQUACY OF, OF THE PLATFORM, AND EACH EXPRESSLY DISCLAIMS DISCLAIM LIABILITY FOR ERRORS IN OR OMISSIONS IN ANY SUCH COMMUNICATIONFROM THE COMPANY MATERIALS. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT NON-INFRINGEMENT OF THIRD-THIRD PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS DEFECTS, IS MADE BY THE ANY AGENT PARTIES PARTY IN CONNECTION WITH THE COMMUNICATIONS COMPANY MATERIALS OR THE PLATFORM. IN NO EVENT SHALL ANY INDEMNITEE OR ANY OTHER PARTY HERETO REFERRED TO IN SECTION 9.03(bIn no event shall the Administrative Agent or any of its Related Parties (collectively, the “Agent Parties”) HAVE ANY LIABILITY TO ANY OTHER PARTY HERETO OR ANY OTHER PERSON FOR DAMAGES OF ANY KINDhave any liability to the Company, WHETHER OR NOT BASED ON STRICT LIABILITY AND INCLUDING DIRECT OR INDIRECTany Lender or any other Person for losses, SPECIALclaims, INCIDENTAL OR CONSEQUENTIAL DAMAGESdamages, LOSSES OR EXPENSES liabilities or expenses of any kind (WHETHER IN TORTwhether in tort, CONTRACT OR OTHERWISEcontract or otherwise) ARISING OUT OF ANY PERSON’S arising out of the Company’s or the Administrative Agent’s transmission of Company Materials through the Internet, except to the extent that such losses, claims, damages, liabilities or expenses are determined by a court of competent jurisdiction by a final and nonappealable judgment to have resulted from the gross negligence or willful misconduct of such Agent Party; provided, however, that in no event shall any Agent Party have any liability to the Company, any Lender or any other Person for indirect, special, incidental, consequential or punitive damages (OTHER THAN THE RELEVANT INDEMNITEE’S OR OTHER PARTY’S OR THEIR RESPECTIVE RELATED PARTIES’) TRANSMISSION OF COMMUNICATIONS THROUGH THE INTERNET, EXCEPT TO THE EXTENT THE LIABILITY OF ANY SUCH PERSON IS FOUND BY A FINAL AND NON-APPEALABLE JUDGMENT OF A COURT OF COMPETENT JURISDICTION TO HAVE RESULTED FROM SUCH PERSON’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OR MATERIAL BREACH OF THIS AGREEMENTas opposed to direct or actual damages).

The Platform. The Administrative Borrower hereby acknowledges that (ai) the Administrative Agent will and/or the Arranger may, but shall not be obligated to, make available to the Lenders and the Issuing Banks materials and/or information provided by, by or on behalf of, the Administrative of such Borrower hereunder (collectively, the “Borrower Materials”) by posting the Borrower Materials on DebtDomain, IntraLinks, Syndtrak, ClearPar Syndtrak or another similar electronic system (the “Platform”) and (bii) certain of the Lenders may be “public-side” Lenders (i.e., Lenders that do not wish to receive material nonpublic information within the meaning of the United States federal securities laws with respect to the Administrative Borrower or its securities) (each, a “Public Lender”). At ) may have personnel who do not wish to receive material non-public information with respect to Borrower or its Affiliates, or the request respective securities of any of the Administrative Agentforegoing, the Administrative and who may be engaged in investment and other market-related activities with respect to such Persons’ securities. Borrower hereby agrees that (iA) all Borrower Materials that are to be made available to Public Lenders shall be clearly and conspicuously marked “PUBLIC”” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (iiB) by marking Borrower Materials “PUBLIC,” the Administrative Borrower shall be deemed to have authorized the Administrative Agent Agent, the Arranger and the Lenders to treat such Borrower Materials as not containing any material non-public information of a type that is publicly available or is not material with respect to the Administrative Borrower, Borrower or its subsidiaries, any of their respective securities or the Transactions as determined in good faith by the Administrative Borrower for purposes of the United States federal Federal and state securities laws (provided, however, that to the extent such Borrower Materials constitute Information, they shall be treated as set forth in Section 10.07); (C) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated “Public Side Information;” and (iiiD) the Administrative Agent and the Arranger shall be required entitled to treat any Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform not marked as designated “Public InvestorSide Information.” Notwithstanding the foregoingTHE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” THE AGENT PARTIES (AS DEFINED BELOW) DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE BORROWER MATERIALS OR THE ADEQUACY OF THE PLATFORM, the following Borrower Materials AND EXPRESSLY DISCLAIM LIABILITY FOR ERRORS IN OR OMISSIONS FROM THE BORROWER MATERIALS. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS, IS MADE BY ANY AGENT PARTY IN CONNECTION WITH THE BORROWER MATERIALS OR THE PLATFORM. In no event shall be deemed to be marked “PUBLIC,” unless the Administrative Borrower notifies the Administrative Agent promptly that or any such document contains material nonpublic information of its Related Parties (it being understood that collectively, the “Agent Parties”) have any liability to the Borrower, any Lender or any other Person for losses, claims, damages, liabilities or expenses of any kind (whether in tort, contract or otherwise) arising out of the Borrower’s or the Administrative Agent’s transmission of Borrower shall have a reasonable opportunity to review Materials or notices through the same prior to distribution and comply with SEC platform, any other electronic platform or other applicable disclosure obligations): (1) messaging service, or through the Loan Documents, (2) any amendment to any Loan Document and (3) any information delivered pursuant to Section 5.01(a) or (b)Internet. Each Public Lender agrees to cause at least one individual at or on behalf of such Public Lender to at all times have selected the “Private Side Information” or similar designation on the content declaration screen of the Platform in order to enable such Public Lender or its delegate, in accordance with such Public Lender’s compliance procedures and applicable lawApplicable Law, including United States Federal and state securities lawsLaws, to make reference to communications Borrower Materials that are not made available through the “Public Side Information” portion of the Platform and that may contain material non-public information with respect to the Administrative Borrower or its securities for purposes of United States Federal or state securities laws. THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLELaws.” NEITHER THE ADMINISTRATIVE AGENT NOR ANY OF ITS RELATED PARTIES (COLLECTIVELY, THE “AGENT PARTIES”) WARRANTS THE ACCURACY OR COMPLETENESS OF THE COMMUNICATIONS ON, OR THE ADEQUACY OF, THE PLATFORM, AND EACH EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN ANY SUCH COMMUNICATION. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD-PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS IS MADE BY THE AGENT PARTIES IN CONNECTION WITH THE COMMUNICATIONS OR THE PLATFORM. IN NO EVENT SHALL ANY INDEMNITEE OR ANY OTHER PARTY HERETO REFERRED TO IN SECTION 9.03(b) HAVE ANY LIABILITY TO ANY OTHER PARTY HERETO OR ANY OTHER PERSON FOR DAMAGES OF ANY KIND, WHETHER OR NOT BASED ON STRICT LIABILITY AND INCLUDING DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES (WHETHER IN TORT, CONTRACT OR OTHERWISE) ARISING OUT OF ANY PERSON’S (OTHER THAN THE RELEVANT INDEMNITEE’S OR OTHER PARTY’S OR THEIR RESPECTIVE RELATED PARTIES’) TRANSMISSION OF COMMUNICATIONS THROUGH THE INTERNET, EXCEPT TO THE EXTENT THE LIABILITY OF ANY SUCH PERSON IS FOUND BY A FINAL AND NON-APPEALABLE JUDGMENT OF A COURT OF COMPETENT JURISDICTION TO HAVE RESULTED FROM SUCH PERSON’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OR MATERIAL BREACH OF THIS AGREEMENT.

The Platform. The Administrative Borrower hereby acknowledges that (ai) the Administrative Agent will and/or the Arranger may, but shall not be obligated to, make available to the Lenders and the Issuing Banks materials and/or information provided by, by or on behalf of, the Administrative of such Borrower hereunder (collectively, the “Borrower Materials”) by posting the Borrower Materials on DebtDomain, IntraLinks, Syndtrak, ClearPar Syndtrak or another similar electronic system (the “Platform”) and (bii) certain of the Lenders may be “public-side” Lenders (i.e., Lenders that do not wish to receive material nonpublic information within the meaning of the United States federal securities laws with respect to the Administrative Borrower or its securities) (each, a “Public Lender”). At ) may have personnel who do not wish to receive material non-public information with respect to Borrower or its Affiliates, or the request respective securities of any of the Administrative Agentforegoing, the Administrative and who may be engaged in investment and other market-related activities with respect to such Persons’ securities. Borrower hereby agrees that (iA) it will use its reasonable efforts to cause all Borrower Materials that are to be made available to Public Lenders shall be clearly and conspicuously marked “PUBLIC”” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (iiB) by marking Borrower Materials “PUBLIC,” the Administrative Borrower shall be deemed to have authorized the Administrative Agent Agent, the Arranger and the Lenders to treat such Borrower Materials as not containing any material non-public information of a type that is publicly available or is not material with respect to the Administrative Borrower, Borrower or its subsidiaries, any of their respective securities or the Transactions as determined in good faith by the Administrative Borrower for purposes of the United States federal Federal and state securities laws (provided, however, that to the extent such Borrower Materials constitute Information, they shall be treated as set forth in Section 11.07); (C) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated “Public Side Information;” and (iiiD) the Administrative Agent and the Arranger shall be required entitled to treat any Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform not marked as designated “Public InvestorSide Information”. THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” Notwithstanding the foregoingTHE AGENT PARTIES (AS DEFINED BELOW) DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE BORROWER MATERIALS OR THE ADEQUACY OF THE PLATFORM, the following Borrower Materials AND EXPRESSLY DISCLAIM LIABILITY FOR ERRORS IN OR OMISSIONS FROM THE BORROWER MATERIALS. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS, IS MADE BY ANY AGENT PARTY IN CONNECTION WITH THE BORROWER MATERIALS OR THE PLATFORM. In no event shall be deemed to be marked “PUBLIC,” unless the Administrative Borrower notifies the Administrative Agent promptly that or any such document contains material nonpublic information of its Related Parties (it being understood that collectively, the “Agent Parties”) have any liability to the Borrower, any Lender or any other Person for losses, claims, damages, liabilities or expenses of any kind (whether in tort, contract or otherwise) arising out of the Borrower’s or the Administrative Agent’s transmission of Borrower shall have a reasonable opportunity to review Materials or notices through the same prior to distribution and comply with SEC Platform, any other electronic platform or other applicable disclosure obligations): (1) messaging service, or through the Loan Documents, (2) any amendment to any Loan Document and (3) any information delivered pursuant to Section 5.01(a) or (b)Internet. Each Public Lender agrees to cause at least one individual at or on behalf of such Public Lender to at all times have selected the “Private Side Information” or similar designation on the content declaration screen of the Platform in order to enable such Public Lender or its delegate, in accordance with such Public Lender’s compliance procedures and applicable lawApplicable Law, including United States Federal and state securities lawsLaws, to make reference to communications Borrower Materials that are not made available through the “Public Side Information” portion of the Platform and that may contain material non-public information with respect to the Administrative Borrower or its securities for purposes of United States Federal or state securities laws. THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLELaws.” NEITHER THE ADMINISTRATIVE AGENT NOR ANY OF ITS RELATED PARTIES (COLLECTIVELY, THE “AGENT PARTIES”) WARRANTS THE ACCURACY OR COMPLETENESS OF THE COMMUNICATIONS ON, OR THE ADEQUACY OF, THE PLATFORM, AND EACH EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN ANY SUCH COMMUNICATION. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD-PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS IS MADE BY THE AGENT PARTIES IN CONNECTION WITH THE COMMUNICATIONS OR THE PLATFORM. IN NO EVENT SHALL ANY INDEMNITEE OR ANY OTHER PARTY HERETO REFERRED TO IN SECTION 9.03(b) HAVE ANY LIABILITY TO ANY OTHER PARTY HERETO OR ANY OTHER PERSON FOR DAMAGES OF ANY KIND, WHETHER OR NOT BASED ON STRICT LIABILITY AND INCLUDING DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES (WHETHER IN TORT, CONTRACT OR OTHERWISE) ARISING OUT OF ANY PERSON’S (OTHER THAN THE RELEVANT INDEMNITEE’S OR OTHER PARTY’S OR THEIR RESPECTIVE RELATED PARTIES’) TRANSMISSION OF COMMUNICATIONS THROUGH THE INTERNET, EXCEPT TO THE EXTENT THE LIABILITY OF ANY SUCH PERSON IS FOUND BY A FINAL AND NON-APPEALABLE JUDGMENT OF A COURT OF COMPETENT JURISDICTION TO HAVE RESULTED FROM SUCH PERSON’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OR MATERIAL BREACH OF THIS AGREEMENT.

The Platform. The Administrative Borrower hereby acknowledges that (ai) the Administrative Agent will and/or the Arrangers may, but shall not be obligated to, make available to the Lenders and the Issuing Banks materials and/or information provided by, by or on behalf of, of the Administrative Borrower hereunder (collectively, the “Borrower Materials”) by posting the Borrower Materials on Debt Domain, IntraLinks, Syndtrak, ClearPar Syndtrak or another similar electronic system (the “Platform”) and (b) certain of the Lenders may be “public-side” Lenders (i.e., Lenders that do not wish to receive material nonpublic information within the meaning of the United States federal securities laws with respect to the Administrative Borrower or its securities) (each, a “Public Lender”). At ) may have personnel who do not wish to receive material non-public information with respect to the request Borrower or its Affiliates, or the respective securities of any of the Administrative Agentforegoing, the Administrative and who may be engaged in investment and other market-related activities with respect to such Persons’ securities. The Borrower hereby agrees that (iw) all Borrower Materials that are to be made available to Public Lenders shall be clearly and conspicuously marked “PUBLIC”” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (iix) by marking Borrower Materials “PUBLIC,” the Administrative Borrower shall be deemed to have authorized the Administrative Agent Agent, the Arrangers and the Lenders to treat such the Borrower Materials as not containing any material non-public information of a type that is publicly available or is not material with respect to the Administrative Borrower, Borrower or its subsidiaries, any of their respective securities or the Transactions as determined in good faith by the Administrative Borrower for purposes of the United States federal Federal and state securities laws (provided, however, that to the extent such Borrower Materials constitute Information, they shall be treated as set forth in Section 14.2); (y) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated “Public Side Information;” and (iiiz) the Administrative Agent and the Arrangers shall be required entitled to treat the Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform not marked as “Public Investor.” Notwithstanding the foregoing, the following Borrower Materials shall be deemed to be marked “PUBLIC,” unless the Administrative Borrower notifies the Administrative Agent promptly that any such document contains material nonpublic information (it being understood that the Administrative Borrower shall have a reasonable opportunity to review the same prior to distribution and comply with SEC or other applicable disclosure obligations): (1) the Loan Documents, (2) any amendment to any Loan Document and (3) any information delivered pursuant to Section 5.01(a) or (b). Each Public Lender agrees to cause at least one individual at or on behalf of such Public Lender to at all times have selected the “Private Side Information” or similar designation on the content declaration screen of the Platform in order to enable such Public Lender or its delegate, in accordance with such Public Lender’s compliance procedures and applicable law, including United States Federal and state securities laws, to make reference to communications that are not made available through the designated “Public Side Information.” portion of the Platform and that may contain material non-public information with respect to the Administrative Borrower its securities for purposes of United States Federal or state securities laws. THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” NEITHER THE ADMINISTRATIVE AGENT NOR ANY OF ITS RELATED PARTIES (COLLECTIVELY, THE “AGENT PARTIES”AS DEFINED BELOW) WARRANTS DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE COMMUNICATIONS ON, BORROWER MATERIALS OR THE ADEQUACY OF, OF THE PLATFORM, AND EACH EXPRESSLY DISCLAIMS DISCLAIM LIABILITY FOR ERRORS IN OR OMISSIONS IN ANY SUCH COMMUNICATIONFROM THE BORROWER MATERIALS. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT NON-INFRINGEMENT OF THIRD-THIRD PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS DEFECTS, IS MADE BY THE ANY AGENT PARTIES PARTY IN CONNECTION WITH THE COMMUNICATIONS BORROWER MATERIALS OR THE PLATFORM. IN NO EVENT SHALL ANY INDEMNITEE OR ANY OTHER PARTY HERETO REFERRED TO IN SECTION 9.03(bIn no event shall the Administrative Agent or any of its Related Parties (collectively, the “Agent Parties”) HAVE ANY LIABILITY TO ANY OTHER PARTY HERETO OR ANY OTHER PERSON FOR DAMAGES OF ANY KINDhave any liability to the Borrower, WHETHER OR NOT BASED ON STRICT LIABILITY AND INCLUDING DIRECT OR INDIRECTany Lender or any other Person for losses, SPECIALclaims, INCIDENTAL OR CONSEQUENTIAL DAMAGESdamages, LOSSES OR EXPENSES liabilities or expenses of any kind (WHETHER IN TORTwhether in tort, CONTRACT OR OTHERWISEcontract or otherwise) ARISING OUT OF ANY PERSON’S (OTHER THAN THE RELEVANT INDEMNITEE’S OR OTHER PARTY’S OR THEIR RESPECTIVE RELATED PARTIES’) TRANSMISSION OF COMMUNICATIONS THROUGH THE INTERNETarising out of the Borrower’s, EXCEPT TO THE EXTENT THE LIABILITY OF ANY SUCH PERSON IS FOUND BY A FINAL AND NON-APPEALABLE JUDGMENT OF A COURT OF COMPETENT JURISDICTION TO HAVE RESULTED FROM SUCH PERSON’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OR MATERIAL BREACH OF THIS AGREEMENTany Loan Party’s or the Administrative Agent’s transmission of Borrower Materials through the Internet.

The Platform. The Administrative Borrower hereby acknowledges that Obligor Materials shall be delivered pursuant to procedures approved by Agent, including electronic delivery (aif possible) the Administrative upon request by Agent will make available to the Lenders and the Issuing Banks materials and/or information provided by, or on behalf of, the Administrative Borrower hereunder (collectively, the “Borrower Materials”) by posting the Borrower Materials on IntraLinks, Syndtrak, ClearPar or another similar an electronic system maintained by Agent (the “Platform”) and (b) certain of the Lenders may be “public-side” Lenders (i.e., Lenders that do not wish to receive material nonpublic information within the meaning of the United States federal securities laws with respect to the Administrative Borrower or its securities) (each, a “Public Lender”). At Borrower Agent shall notify Agent of each posting of Obligor Materials on the request Platform and the materials shall be deemed received by Agent only upon its receipt of the Administrative Agent, the Administrative Borrower hereby agrees that (i) all Borrower such notice. Obligor Materials that are and other information relating to this Agreement may be made available to Public Lenders Secured Parties on the Platform (and, upon request made by any Lender to Agent, shall be clearly made available by Agent to such Lender on the Platform or as Agent may otherwise determine in its discretion), and conspicuously marked Obligors and Secured Parties acknowledge that “PUBLIC”, (ii) by marking Borrower Materials “PUBLIC,public” the Administrative Borrower shall be deemed to have authorized the Administrative Agent and the Lenders to treat such Borrower Materials as information of a type that is publicly available or is not material with respect to the Administrative Borrower, its subsidiaries, any of their respective securities or the Transactions as determined in good faith by the Administrative Borrower for purposes of the United States federal securities laws and (iii) the Administrative Agent shall be required to treat Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform not marked as “Public Investor.” Notwithstanding the foregoing, the following Borrower Materials shall be deemed to be marked “PUBLIC,” unless the Administrative Borrower notifies the Administrative Agent promptly that any such document contains material nonpublic information (it being understood that the Administrative Borrower shall have a reasonable opportunity to review the same prior to distribution and comply with SEC or other applicable disclosure obligations): (1) the Loan Documents, (2) any amendment to any Loan Document and (3) any information delivered pursuant to Section 5.01(a) or (b). Each Public Lender agrees to cause at least one individual at or on behalf of such Public Lender to at all times have selected the “Private Side Information” or similar designation on the content declaration screen of the Platform in order to enable such Public Lender or its delegate, in accordance with such Public Lender’s compliance procedures and applicable law, including United States Federal and state securities laws, to make reference to communications that are not made available through the “Public Side Information” portion of the Platform and that may contain segregated from material non-public information with respect to on the Administrative Borrower its securities for purposes of United States Federal or state securities lawsPlatform. THE The Platform is provided “as isTHE PLATFORM IS PROVIDED “AS IS” AND andAND “AS as available.” Agent does not warrant the accuracy or completeness of any information on the Platform nor the adequacy or functioning of the Platform, and expressly disclaims liability for any errors or omissions in the Obligor Materials or any issues involving the PlatformAS AVAILABLE.” NEITHER THE ADMINISTRATIVE AGENT NOR ANY OF ITS RELATED PARTIES (COLLECTIVELY, THE “AGENT PARTIES”) WARRANTS INDEMNITEES DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ON THE COMMUNICATIONS ON, OR PLATFORM NOR THE ADEQUACY OF, OR FUNCTIONING OF THE PLATFORM, AND EACH EXPRESSLY DISCLAIMS DISCLAIM LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE OBLIGOR MATERIALS OR ANY SUCH COMMUNICATIONISSUES INVOLVING THE PLATFORM. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT NON-INFRINGEMENT OF THIRD-THIRD PARTY RIGHTS RIGHTS, OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS DEFECTS, IS MADE BY THE AGENT PARTIES IN CONNECTION WITH THE COMMUNICATIONS RESPECT TO OBLIGOR MATERIALS OR THE PLATFORM. IN NO EVENT SHALL ANY INDEMNITEE OR ANY OTHER PARTY HERETO REFERRED TO IN SECTION 9.03(bSecured Parties acknowledge that Obligor Materials may include material non-public information of Obligors and should not be made available to any personnel who do not wish to receive such information or who may be engaged in investment or other market-related activities with respect to any Obligor’s securities. No Agent Indemnitee shall have any liability to Obligors, Secured Parties or any other Person for losses, claims, damages, liabilities or expenses of any kind (whether in tort, contract or otherwise) HAVE ANY LIABILITY TO ANY OTHER PARTY HERETO OR ANY OTHER PERSON FOR DAMAGES OF ANY KINDrelating to use by any Person of the Platform or delivery of Obligor Materials and other information through the Platform or over the internet, WHETHER OR NOT BASED ON STRICT LIABILITY AND INCLUDING DIRECT OR INDIRECTexcept to the extent that such losses, SPECIALclaims, INCIDENTAL OR CONSEQUENTIAL DAMAGESdamages, LOSSES OR EXPENSES liabilities or expenses (WHETHER IN TORTa) are determined by a court of competent jurisdiction by final and non-appealable judgment to have resulted from the gross negligence or willful misconduct of such Indemnitee or (b) result from a claim brought by an Obligor against such Indemnitee for material breach or breach in bad faith of such Indemnitee’s obligations hereunder relating to such use or delivery, CONTRACT OR OTHERWISE) ARISING OUT OF ANY PERSON’S in each case if such Obligor has obtained a final and nonappealable judgment in its favor on such claim as determined by a court of competent jurisdiction; provided, however, that in no event shall any Agent Indemnitee have any liability for indirect, special, incidental, consequential or punitive damages (OTHER THAN THE RELEVANT INDEMNITEE’S OR OTHER PARTY’S OR THEIR RESPECTIVE RELATED PARTIES’) TRANSMISSION OF COMMUNICATIONS THROUGH THE INTERNET, EXCEPT TO THE EXTENT THE LIABILITY OF ANY SUCH PERSON IS FOUND BY A FINAL AND NON-APPEALABLE JUDGMENT OF A COURT OF COMPETENT JURISDICTION TO HAVE RESULTED FROM SUCH PERSON’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OR MATERIAL BREACH OF THIS AGREEMENTas opposed to direct or actual damages).

The Platform. The Administrative Borrower hereby acknowledges that (ai) the Administrative Agent will make available to the Lenders and the Issuing Banks each Letter of Credit Issuer materials and/or information provided by, by or on behalf of, of the Administrative Borrower hereunder (collectively, the “Borrower Materials”) by posting the Borrower Materials on IntraLinks, Syndtrak, ClearPar IntraLinks or another similar electronic system (the “Platform”) and (bii) certain of the Lenders may be “public-side” Lenders (i.e., Lenders that do not wish to receive material nonpublic information within the meaning of the United States federal securities laws with respect to the Administrative Borrower or its securities) (each, a “Public Lender”). At ) may have personnel who do not wish to receive material non-public information with respect to the request Borrower or its Affiliates, or the respective securities of any of the Administrative Agentforegoing, the Administrative and who may be engaged in investment and other market-related activities with respect to such Persons’ securities. The Borrower hereby agrees that (i) all it will use commercially reasonable efforts to identify that portion of the Borrower Materials that are may be distributed to be made available to the Public Lenders and that (1) all such Borrower Materials shall be clearly and conspicuously marked “PUBLIC”” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (ii2) by marking Borrower Materials “PUBLIC,” the Administrative Borrower shall be deemed to have authorized the Administrative Agent Agent, each Letter of Credit Issuer and the Lenders to treat such Borrower Materials as not containing any material non-public information of a type that is publicly available or is not material (although it may be sensitive and proprietary) with respect to the Administrative Borrower, Borrower or its subsidiaries, any of their respective securities or the Transactions as determined in good faith by the Administrative Borrower for purposes of the United States federal and state securities laws laws; (3) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated “Public Side Information;” and (iii4) the Administrative Agent shall be required entitled to treat any Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform not marked as “Public Investor.” Notwithstanding the foregoing, the following Borrower Materials shall be deemed to be marked “PUBLIC,” unless the Administrative Borrower notifies the Administrative Agent promptly that any such document contains material nonpublic information (it being understood that the Administrative Borrower shall have a reasonable opportunity to review the same prior to distribution and comply with SEC or other applicable disclosure obligations): (1) the Loan Documents, (2) any amendment to any Loan Document and (3) any information delivered pursuant to Section 5.01(a) or (b). Each Public Lender agrees to cause at least one individual at or on behalf of such Public Lender to at all times have selected the “Private Side Information” or similar designation on the content declaration screen of the Platform in order to enable such Public Lender or its delegate, in accordance with such Public Lender’s compliance procedures and applicable law, including United States Federal and state securities laws, to make reference to communications that are not made available through the designated “Public Side Information.” portion of the Platform and that may contain material non-public information with respect to the Administrative Borrower its securities for purposes of United States Federal or state securities laws. THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” NEITHER THE ADMINISTRATIVE AGENT NOR ANY OF ITS RELATED PARTIES (COLLECTIVELY, THE “AGENT PARTIES”AS DEFINED BELOW) WARRANTS DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE COMMUNICATIONS ON, BORROWER MATERIALS OR THE ADEQUACY OF, OF THE PLATFORM, AND EACH EXPRESSLY DISCLAIMS DISCLAIM LIABILITY FOR ERRORS IN OR OMISSIONS IN ANY SUCH COMMUNICATIONFROM THE BORROWER MATERIALS. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT NON-INFRINGEMENT OF THIRD-THIRD PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS DEFECTS, IS MADE BY THE ANY AGENT PARTIES PARTY IN CONNECTION WITH THE COMMUNICATIONS BORROWER MATERIALS OR THE PLATFORM. IN NO EVENT SHALL ANY INDEMNITEE OR ANY OTHER PARTY HERETO REFERRED TO IN SECTION 9.03(bIn no event shall the Administrative Agent or any of its Affiliates and the partners, directors, officers, employees, agents, trustees and advisors of such Person and of such Person’s Affiliates (collectively, the “Agent Parties”) HAVE ANY LIABILITY TO ANY OTHER PARTY HERETO OR ANY OTHER PERSON FOR DAMAGES OF ANY KINDhave any liability to the Borrower, WHETHER OR NOT BASED ON STRICT LIABILITY AND INCLUDING DIRECT OR INDIRECTany Lender, SPECIALeach Letter of Credit Issuer or any other Person for losses, INCIDENTAL OR CONSEQUENTIAL DAMAGESclaims, LOSSES OR EXPENSES damages, liabilities or expenses of any kind (WHETHER IN TORTwhether in tort, CONTRACT OR OTHERWISEcontract or otherwise) ARISING OUT OF ANY PERSON’S arising out of the Borrower’s or the Administrative Agent’s transmission of materials and/or information provided by or on behalf of the Borrower under the Credit Documents through the Internet, except to the extent that such losses, claims, damages, liabilities or expenses are determined by a court of competent jurisdiction by a final and nonappealable judgment to have resulted from the gross negligence or willful misconduct of such Agent Party; provided, however, that in no event shall any Agent Party have any liability to the Borrower, any Lender, each Letter of Credit Issuer or any other Person for indirect, special, incidental, consequential or punitive damages (OTHER THAN THE RELEVANT INDEMNITEE’S OR OTHER PARTY’S OR THEIR RESPECTIVE RELATED PARTIES’) TRANSMISSION OF COMMUNICATIONS THROUGH THE INTERNET, EXCEPT TO THE EXTENT THE LIABILITY OF ANY SUCH PERSON IS FOUND BY A FINAL AND NON-APPEALABLE JUDGMENT OF A COURT OF COMPETENT JURISDICTION TO HAVE RESULTED FROM SUCH PERSON’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OR MATERIAL BREACH OF THIS AGREEMENTas opposed to direct or actual damages).

The Platform. The Administrative Each Borrower hereby acknowledges that (a) the Administrative Agent will and/or the Joint Lead Arrangers may, but shall not be obligated to, make available to the Lenders and the Issuing Banks materials and/or information provided by, by or on behalf of, the Administrative of such Borrower hereunder (collectively, the “Borrower Materials”) by posting the Borrower Materials on IntraLinks, AMERICAS/2024254939.6 162 Sealed Air – 4th A&R Syndicated Facility Agt Syndtrak, ClearPar ClearPar, or another a substantially similar electronic transmission system (the “Platform”) and (b) certain of the Lenders may be “public-side” Lenders (i.e., Lenders that do not wish to receive material nonpublic information within the meaning of the United States federal securities laws with respect to the Administrative Borrower or its securities) (each, a “Public Lender”). At the request ) may have personnel who do not wish to receive material non-public information with respect to any of the Administrative AgentBorrowers or their respective Affiliates, or the Administrative respective securities of any of the foregoing, and who may be engaged in investment and other market-related activities with respect to such Persons’ securities. Each Borrower hereby agrees that (iw) all Borrower Materials that are to be made available to Public Lenders shall be clearly and conspicuously marked “PUBLIC”” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (iix) by marking Borrower Materials “PUBLIC,” the Administrative Borrower Borrowers shall be deemed to have authorized the Administrative Agent Agent, the Joint Lead Arrangers, the Issuing Bank and the Lenders to treat such Borrower Materials as not containing any material non-public information of a type that is publicly available or is not material with respect to the Administrative Borrower, its subsidiaries, any of Borrowers or their respective securities or the Transactions as determined in good faith by the Administrative Borrower for purposes of the United States federal Federal and state securities laws (provided, however, that to the extent such Borrower Materials constitute Information, they shall be treated as set forth in Section 9.08); (y) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated “Public Side Information;” and (iiiz) the Administrative Agent and the Joint Lead Arrangers shall be required entitled to treat any Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform not marked as “Public Investor.” Notwithstanding the foregoing, the following Borrower Materials shall be deemed to be marked “PUBLIC,” unless the Administrative Borrower notifies the Administrative Agent promptly that any such document contains material nonpublic information (it being understood that the Administrative Borrower shall have a reasonable opportunity to review the same prior to distribution and comply with SEC or other applicable disclosure obligations): (1) the Loan Documents, (2) any amendment to any Loan Document and (3) any information delivered pursuant to Section 5.01(a) or (b). Each Public Lender agrees to cause at least one individual at or on behalf of such Public Lender to at all times have selected the “Private Side Information” or similar designation on the content declaration screen of the Platform in order to enable such Public Lender or its delegate, in accordance with such Public Lender’s compliance procedures and applicable law, including United States Federal and state securities laws, to make reference to communications that are not made available through the designated “Public Side Information.” portion of the Platform and that may contain material non-public information with respect to the Administrative Borrower its securities for purposes of United States Federal or state securities laws. THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” NEITHER THE ADMINISTRATIVE AGENT NOR ANY OF ITS RELATED PARTIES (COLLECTIVELY, THE “AGENT PARTIES”AS DEFINED BELOW) WARRANTS DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE COMMUNICATIONS ON, BORROWER MATERIALS OR THE ADEQUACY OF, OF THE PLATFORM, AND EACH EXPRESSLY DISCLAIMS DISCLAIM LIABILITY FOR ERRORS IN OR OMISSIONS IN ANY SUCH COMMUNICATIONFROM THE BORROWER MATERIALS. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT NON-INFRINGEMENT OF THIRD-THIRD PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS DEFECTS, IS MADE BY THE ANY AGENT PARTIES PARTY IN CONNECTION WITH THE COMMUNICATIONS BORROWER MATERIALS OR THE PLATFORM. IN NO EVENT SHALL ANY INDEMNITEE OR ANY OTHER PARTY HERETO REFERRED TO IN SECTION 9.03(bIn no event shall the Agent or any of its Related Parties (collectively, the “Agent Parties”) HAVE ANY LIABILITY TO ANY OTHER PARTY HERETO OR ANY OTHER PERSON FOR DAMAGES OF ANY KINDhave any liability to any Borrower, WHETHER OR NOT BASED ON STRICT LIABILITY AND INCLUDING DIRECT OR INDIRECTany Lender, SPECIALthe Issuing Bank or any other Person for losses, INCIDENTAL OR CONSEQUENTIAL DAMAGESclaims, LOSSES OR EXPENSES damages, liabilities or expenses of any kind (WHETHER IN TORTwhether in tort, CONTRACT OR OTHERWISEcontract or otherwise) ARISING OUT OF ANY PERSON’S (OTHER THAN THE RELEVANT INDEMNITEE’S OR OTHER PARTY’S OR THEIR RESPECTIVE RELATED PARTIES’) TRANSMISSION OF COMMUNICATIONS THROUGH THE INTERNETarising out of the Company’s, EXCEPT TO THE EXTENT THE LIABILITY OF ANY SUCH PERSON IS FOUND BY A FINAL AND NON-APPEALABLE JUDGMENT OF A COURT OF COMPETENT JURISDICTION TO HAVE RESULTED FROM SUCH PERSON’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OR MATERIAL BREACH OF THIS AGREEMENTany Loan Party’s or the Agent’s transmission of Borrower Materials or notices through the platform, any other electronic platform or electronic messaging service, or through the Internet.

The Platform. The Administrative Each Borrower hereby acknowledges that (a) the Administrative Agent will and/or the Joint Lead Arrangers may, but shall not be obligated to, make available to the Lenders and the Issuing Banks materials and/or information provided by, by or on behalf of, the Administrative of such Borrower hereunder (collectively, the “Borrower Materials”) by posting the Borrower Materials on IntraLinks, Syndtrak, ClearPar ClearPar, or another a substantially similar electronic transmission system (the “Platform”) and (b) certain of the Lenders may be “public-side” Lenders (i.e., Lenders that do not wish to receive material nonpublic information within the meaning of the United States federal securities laws with respect to the Administrative Borrower or its securities) (each, a “Public Lender”). At the request ) may have personnel who do not wish to receive material non-public information with respect to any of the Administrative AgentBorrowers or their respective Affiliates, or the Administrative respective securities of any of the foregoing, and who may be engaged in investment and other market-related activities with respect to such Persons’ securities. Each Borrower hereby agrees that (iw) all Borrower Materials that are to be made available to Public Lenders shall be clearly and conspicuously marked “PUBLIC”” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (iix) by marking Borrower Materials “PUBLIC,” the Administrative Borrower Borrowers shall be deemed to have authorized the Administrative Agent Agent, the Joint Lead Arrangers, the Issuing Bank and the Lenders to treat such Borrower Materials as not 166 Sealed Air – 4th A&R Syndicated Facility Agt containing any material non-public information of a type that is publicly available or is not material with respect to the Administrative Borrower, its subsidiaries, any of Borrowers or their respective securities or the Transactions as determined in good faith by the Administrative Borrower for purposes of the United States federal Federal and state securities laws (provided, however, that to the extent such Borrower Materials constitute Information, they shall be treated as set forth in Section 9.08); (y) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated “Public Side Information;” and (iiiz) the Administrative Agent and the Joint Lead Arrangers shall be required entitled to treat any Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform not marked as “Public Investor.” Notwithstanding the foregoing, the following Borrower Materials shall be deemed to be marked “PUBLIC,” unless the Administrative Borrower notifies the Administrative Agent promptly that any such document contains material nonpublic information (it being understood that the Administrative Borrower shall have a reasonable opportunity to review the same prior to distribution and comply with SEC or other applicable disclosure obligations): (1) the Loan Documents, (2) any amendment to any Loan Document and (3) any information delivered pursuant to Section 5.01(a) or (b). Each Public Lender agrees to cause at least one individual at or on behalf of such Public Lender to at all times have selected the “Private Side Information” or similar designation on the content declaration screen of the Platform in order to enable such Public Lender or its delegate, in accordance with such Public Lender’s compliance procedures and applicable law, including United States Federal and state securities laws, to make reference to communications that are not made available through the designated “Public Side Information.” portion of the Platform and that may contain material non-public information with respect to the Administrative Borrower its securities for purposes of United States Federal or state securities laws. THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” NEITHER THE ADMINISTRATIVE AGENT NOR ANY OF ITS RELATED PARTIES (COLLECTIVELY, THE “AGENT PARTIES”AS DEFINED BELOW) WARRANTS DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE COMMUNICATIONS ON, BORROWER MATERIALS OR THE ADEQUACY OF, OF THE PLATFORM, AND EACH EXPRESSLY DISCLAIMS DISCLAIM LIABILITY FOR ERRORS IN OR OMISSIONS IN ANY SUCH COMMUNICATIONFROM THE BORROWER MATERIALS. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT NON-INFRINGEMENT OF THIRD-THIRD PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS DEFECTS, IS MADE BY THE ANY AGENT PARTIES PARTY IN CONNECTION WITH THE COMMUNICATIONS BORROWER MATERIALS OR THE PLATFORM. IN NO EVENT SHALL ANY INDEMNITEE OR ANY OTHER PARTY HERETO REFERRED TO IN SECTION 9.03(bIn no event shall the Agent or any of its Related Parties (collectively, the “Agent Parties”) HAVE ANY LIABILITY TO ANY OTHER PARTY HERETO OR ANY OTHER PERSON FOR DAMAGES OF ANY KINDhave any liability to any Borrower, WHETHER OR NOT BASED ON STRICT LIABILITY AND INCLUDING DIRECT OR INDIRECTany Lender, SPECIALthe Issuing Bank or any other Person for losses, INCIDENTAL OR CONSEQUENTIAL DAMAGESclaims, LOSSES OR EXPENSES damages, liabilities or expenses of any kind (WHETHER IN TORTwhether in tort, CONTRACT OR OTHERWISEcontract or otherwise) ARISING OUT OF ANY PERSON’S (OTHER THAN THE RELEVANT INDEMNITEE’S OR OTHER PARTY’S OR THEIR RESPECTIVE RELATED PARTIES’) TRANSMISSION OF COMMUNICATIONS THROUGH THE INTERNETarising out of the Company’s, EXCEPT TO THE EXTENT THE LIABILITY OF ANY SUCH PERSON IS FOUND BY A FINAL AND NON-APPEALABLE JUDGMENT OF A COURT OF COMPETENT JURISDICTION TO HAVE RESULTED FROM SUCH PERSON’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OR MATERIAL BREACH OF THIS AGREEMENTany Loan Party’s or the Agent’s transmission of Borrower Materials or notices through the platform, any other electronic platform or electronic messaging service, or through the Internet.

The Platform. The Administrative Each Borrower hereby acknowledges agrees that (a) the Administrative Agent will may make information and/or materials provided by or on behalf of the Borrowers (collectively, the "Borrower Materials") available to the Lenders by posting communications on IntraLinks or a substantially similar electronic transmission system (the "Platform"). The Platform is provided "as is" and "as available". The Administrative Agent does not warrant the Issuing Banks materials and/or information provided byaccuracy or completeness of the Borrower Materials, or on behalf ofthe adequacy of the Platform and expressly disclaims liability for errors or omissions in the communications. No warranty of any kind, express, implied or statutory, including any warranty of merchantability, fitness for a particular purpose, non-infringement of third party rights or freedom from viruses or other code defects, is made by the Administrative Borrower hereunder (collectively, the “Borrower Materials”) by posting Agent in connection with the Borrower Materials on IntraLinks, Syndtrak, ClearPar or another similar electronic system (the “Platform”) and (b) . Each Loan Party further agrees that certain of the Lenders may be “public-side” Lenders (i.e., Lenders that do not wish to receive material nonpublic non-public information within the meaning of the United States federal securities laws with respect to the Administrative Borrower Loan Parties or its securities) their securities (each, a “"Public Lender”"). At the request of the Administrative Agent, the Administrative Borrower hereby agrees that (i) all Borrower Materials that are to be made available to Public Lenders shall be clearly and conspicuously marked “PUBLIC”, (ii) by marking Borrower Materials “PUBLIC,” the Administrative Borrower The Loan Parties shall be deemed to have authorized the Administrative Agent and its Affiliates and the Lenders to treat such Borrower Materials marked "PUBLIC" as not containing any material non-public information of a type that is publicly available or is not material with respect to the Administrative Borrower, its subsidiaries, any of Loan Parties or their respective securities or the Transactions as determined in good faith by the Administrative Borrower for purposes of the United States federal and state securities laws and laws. All Borrower Materials marked "PUBLIC" are permitted to be made available through a portion of the Platform designated as "Public Investor" (iii) the or another similar term). The Administrative Agent and its Affiliates and the Lenders shall be required to treat any Borrower Materials that are not marked “"PUBLIC” " as being suitable only for posting on a portion of the Platform not marked as “"Public Investor.” Notwithstanding the foregoing, the following Borrower Materials " (or such other similar term). In no event shall be deemed to be marked “PUBLIC,” unless the Administrative Borrower notifies the Administrative Agent promptly that or any such document contains material nonpublic information of its Related Parties (it being understood that collectively, the "Agent Parties") have any liability to the Parent Borrower, any Lender or any other Person for losses, claims, damages, liabilities or expenses of any kind (whether in tort, contract or otherwise) arising out of the Parent Borrower's or the Administrative Agent's transmission of Borrower Materials or notices through the Platform, any other electronic platform or electronic messaging service, or through the Internet, except to the extent that such losses, claims, damages, liabilities or expenses are determined by a court of competent jurisdiction by a final and nonappealable judgment to have resulted from the gross negligence or willful misconduct of such Agent Party; provided, however, that in no event shall any Agent Party have a reasonable opportunity any liability to review the same prior to distribution and comply with SEC or other applicable disclosure obligations): (1) the Loan DocumentsParent Borrower, (2) any amendment to any Loan Document and (3) Party, any information delivered pursuant to Section 5.01(a) or (b). Each Public Lender agrees to cause at least one individual at or on behalf of such Public Lender to at all times have selected the “Private Side Information” or similar designation on the content declaration screen of the Platform in order to enable such Public Lender or its delegateany other Person for indirect, in accordance with such Public Lender’s compliance procedures and applicable lawspecial, including United States Federal and state securities lawsincidental, consequential or punitive damages (as opposed to make reference to communications that are not made available through the “Public Side Information” portion of the Platform and that may contain material non-public information with respect to the Administrative Borrower its securities for purposes of United States Federal direct or state securities laws. THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLEactual damages).” NEITHER THE ADMINISTRATIVE AGENT NOR ANY OF ITS RELATED PARTIES (COLLECTIVELY, THE “AGENT PARTIES”) WARRANTS THE ACCURACY OR COMPLETENESS OF THE COMMUNICATIONS ON, OR THE ADEQUACY OF, THE PLATFORM, AND EACH EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN ANY SUCH COMMUNICATION. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD-PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS IS MADE BY THE AGENT PARTIES IN CONNECTION WITH THE COMMUNICATIONS OR THE PLATFORM. IN NO EVENT SHALL ANY INDEMNITEE OR ANY OTHER PARTY HERETO REFERRED TO IN SECTION 9.03(b) HAVE ANY LIABILITY TO ANY OTHER PARTY HERETO OR ANY OTHER PERSON FOR DAMAGES OF ANY KIND, WHETHER OR NOT BASED ON STRICT LIABILITY AND INCLUDING DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES (WHETHER IN TORT, CONTRACT OR OTHERWISE) ARISING OUT OF ANY PERSON’S (OTHER THAN THE RELEVANT INDEMNITEE’S OR OTHER PARTY’S OR THEIR RESPECTIVE RELATED PARTIES’) TRANSMISSION OF COMMUNICATIONS THROUGH THE INTERNET, EXCEPT TO THE EXTENT THE LIABILITY OF ANY SUCH PERSON IS FOUND BY A FINAL AND NON-APPEALABLE JUDGMENT OF A COURT OF COMPETENT JURISDICTION TO HAVE RESULTED FROM SUCH PERSON’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OR MATERIAL BREACH OF THIS AGREEMENT.

The Platform. The Administrative Parent Borrower hereby acknowledges agrees that (a) the Administrative Agent will may make information and/or materials provided by or on behalf of the Parent Borrower (collectively, the "Borrower Materials") available to the Lenders by posting communications on IntraLinks or a substantially similar electronic transmission system (the "Platform"). The Platform is provided "as is" and "as available". The Administrative Agent does not warrant the Issuing Banks materials and/or information provided byaccuracy or completeness of the Borrower Materials, or on behalf ofthe adequacy of the Platform and expressly disclaims liability for errors or omissions in the communications. No warranty of any kind, express, implied or statutory, including any warranty of merchantability, fitness for a particular purpose, non-infringement of third party rights or freedom from viruses or other code defects, is made by the Administrative Borrower hereunder (collectively, the “Borrower Materials”) by posting Agent in connection with the Borrower Materials on IntraLinks, Syndtrak, ClearPar or another similar electronic system (the “Platform”) and (b) . Each Loan Party further agrees that certain of the Lenders may be “public-side” Lenders (i.e., Lenders that do not wish to receive material nonpublic non-public information within the meaning of the United States federal securities laws with respect to the Administrative Borrower Loan Parties or its securities) their securities (each, a “"Public Lender”"). At the request of the Administrative Agent, the Administrative Borrower hereby agrees that (i) all Borrower Materials that are to be made available to Public Lenders shall be clearly and conspicuously marked “PUBLIC”, (ii) by marking Borrower Materials “PUBLIC,” the Administrative Borrower The Loan Parties shall be deemed to have authorized the Administrative Agent and its Affiliates and the Lenders to treat such Borrower Materials marked "PUBLIC" as not containing any material non-public information of a type that is publicly available or is not material with respect to the Administrative Borrower, its subsidiaries, any of Loan Parties or their respective securities or the Transactions as determined in good faith by the Administrative Borrower for purposes of the United States federal and state securities laws and laws. All Borrower Materials marked "PUBLIC" are permitted to be made available through a portion of the Platform designated as "Public Investor" (iii) the or another similar term). The Administrative Agent and its Affiliates and the Lenders shall be required to treat any Borrower Materials that are not marked “"PUBLIC” " as being suitable only for posting on a portion of the Platform not marked as “"Public Investor.” Notwithstanding the foregoing, the following Borrower Materials " (or such other similar term). In no event shall be deemed to be marked “PUBLIC,” unless the Administrative Borrower notifies the Administrative Agent promptly that or any such document contains material nonpublic information of its Related Parties (it being understood that collectively, the "Agent Parties") have any liability to the Parent Borrower, any Lender or any other Person for losses, claims, damages, liabilities or expenses of any kind (whether in tort, contract or otherwise) arising out of the Parent Borrower's or the Administrative Agent's transmission of Borrower Materials or notices through the Platform, any other electronic platform or electronic messaging service, or through the Internet, except to the extent that such losses, claims, damages, liabilities or expenses are determined by a court of competent jurisdiction by a final and nonappealable judgment to have resulted from the gross negligence or willful misconduct of such Agent Party; provided, however, that in no event shall any Agent Party have a reasonable opportunity any liability to review the same prior to distribution and comply with SEC or other applicable disclosure obligations): (1) the Loan DocumentsParent Borrower, (2) any amendment to any Loan Document and (3) Party, any information delivered pursuant to Section 5.01(a) or (b). Each Public Lender agrees to cause at least one individual at or on behalf of such Public Lender to at all times have selected the “Private Side Information” or similar designation on the content declaration screen of the Platform in order to enable such Public Lender or its delegateany other Person for indirect, in accordance with such Public Lender’s compliance procedures and applicable lawspecial, including United States Federal and state securities lawsincidental, consequential or punitive damages (as opposed to make reference to communications that are not made available through the “Public Side Information” portion of the Platform and that may contain material non-public information with respect to the Administrative Borrower its securities for purposes of United States Federal direct or state securities laws. THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLEactual damages).” NEITHER THE ADMINISTRATIVE AGENT NOR ANY OF ITS RELATED PARTIES (COLLECTIVELY, THE “AGENT PARTIES”) WARRANTS THE ACCURACY OR COMPLETENESS OF THE COMMUNICATIONS ON, OR THE ADEQUACY OF, THE PLATFORM, AND EACH EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN ANY SUCH COMMUNICATION. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD-PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS IS MADE BY THE AGENT PARTIES IN CONNECTION WITH THE COMMUNICATIONS OR THE PLATFORM. IN NO EVENT SHALL ANY INDEMNITEE OR ANY OTHER PARTY HERETO REFERRED TO IN SECTION 9.03(b) HAVE ANY LIABILITY TO ANY OTHER PARTY HERETO OR ANY OTHER PERSON FOR DAMAGES OF ANY KIND, WHETHER OR NOT BASED ON STRICT LIABILITY AND INCLUDING DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES (WHETHER IN TORT, CONTRACT OR OTHERWISE) ARISING OUT OF ANY PERSON’S (OTHER THAN THE RELEVANT INDEMNITEE’S OR OTHER PARTY’S OR THEIR RESPECTIVE RELATED PARTIES’) TRANSMISSION OF COMMUNICATIONS THROUGH THE INTERNET, EXCEPT TO THE EXTENT THE LIABILITY OF ANY SUCH PERSON IS FOUND BY A FINAL AND NON-APPEALABLE JUDGMENT OF A COURT OF COMPETENT JURISDICTION TO HAVE RESULTED FROM SUCH PERSON’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OR MATERIAL BREACH OF THIS AGREEMENT.

The Platform. The Administrative Borrower Company hereby acknowledges that (ai) the Administrative Agent and/or the Arrangers will make available to the Lenders and the Issuing Banks materials and/or information provided by, by or on behalf of, of the Administrative Borrower Company hereunder (collectively, the “Borrower "Company Materials”") by posting the Borrower Company Materials on IntraLinks, Syndtrak, ClearPar IntraLinks or another similar electronic system (the “"Platform”") and (bii) certain of the Lenders may be “"public-side” " Lenders (i.e., Lenders that do not wish to receive material nonpublic non-public information within the meaning of the United States federal securities laws with respect to the Administrative Borrower Company or its securities) (each, a “"Public Lender”"). At the request of the Administrative Agent, the Administrative Borrower The Company hereby agrees that so long as the Company is the issuer of any outstanding debt or equity securities that are registered or issued pursuant to a private offering or is actively contemplating issuing any such securities (iA) all Borrower Company Materials that are to be made available to Public Lenders shall be clearly and conspicuously marked “"PUBLIC”" which, at a minimum, shall mean that the word "PUBLIC" shall appear prominently on the first page thereof; (iiB) by marking Borrower Company Materials “"PUBLIC,” ", the Administrative Borrower Company shall be deemed to have authorized the Administrative Agent Agent, the Arrangers and the Lenders to treat such Borrower Company Materials as not containing any material non-public information of a type that is publicly available or is not material with respect to the Administrative Borrower, Company or its subsidiaries, any of their respective securities or the Transactions as determined in good faith by the Administrative Borrower for purposes of the United States federal Federal and state securities laws (provided, however, that to the extent such Company Materials constitute Information, they shall be treated as set forth in Section 8.15); (C) all Company Materials marked "PUBLIC" are permitted to be made available through a portion of the Platform designated "Public Investor"; and (iiiD) the Administrative Agent and the Arrangers shall be required entitled to treat Borrower any Company Materials that are not marked “"PUBLIC” " as being suitable only for posting on a portion of the Platform not marked as “designated "Public Investor.” " Notwithstanding the foregoing, the following Borrower Materials Company shall be deemed under no obligation to be marked “mark any Company Materials "PUBLIC,” unless the Administrative Borrower notifies the Administrative Agent promptly that any such document contains material nonpublic information (it being understood that the Administrative Borrower shall have a reasonable opportunity to review the same prior to distribution and comply with SEC or other applicable disclosure obligations): (1) the Loan Documents, (2) any amendment to any Loan Document and (3) any information delivered pursuant to Section 5.01(a) or (b). Each Public Lender agrees to cause at least one individual at or on behalf of such Public Lender to at all times have selected the “Private Side Information” or similar designation on the content declaration screen of the Platform in order to enable such Public Lender or its delegate, in accordance with such Public Lender’s compliance procedures and applicable law, including United States Federal and state securities laws, to make reference to communications that are not made available through the “Public Side Information” portion of the Platform and that may contain material non-public information with respect to the Administrative Borrower its securities for purposes of United States Federal or state securities laws". THE PLATFORM IS PROVIDED “PRO▇▇▇▇D "AS IS” " AND “"AS AVAILABLE.” NEITHER " THE ADMINISTRATIVE AGENT NOR ANY OF ITS RELATED PARTIES (COLLECTIVELY, THE “AGENT PARTIES”AS DEFINED BELOW) WARRANTS DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE COMMUNICATIONS ON, COMPANY MATERIALS OR THE ADEQUACY OF, OF THE PLATFORM, AND EACH EXPRESSLY DISCLAIMS DISCLAIM LIABILITY FOR ERRORS IN OR OMISSIONS IN ANY SUCH COMMUNICATIONFROM THE COMPANY MATERIALS. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT NON-INFRINGEMENT OF THIRD-THIRD PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS DEFECTS, IS MADE BY THE ANY AGENT PARTIES PARTY IN CONNECTION WITH THE COMMUNICATIONS COMPANY MATERIALS OR THE PLATFORM. IN NO EVENT SHALL ANY INDEMNITEE OR ANY OTHER PARTY HERETO REFERRED TO IN SECTION 9.03(bIn no event shall the Administrative Agent or any of its Related Parties (collectively, the "Agent Parties") HAVE ANY LIABILITY TO ANY OTHER PARTY HERETO OR ANY OTHER PERSON FOR DAMAGES OF ANY KINDhave any liability to the Company, WHETHER OR NOT BASED ON STRICT LIABILITY AND INCLUDING DIRECT OR INDIRECTany Lender or any other Person for losses, SPECIALclaims, INCIDENTAL OR CONSEQUENTIAL DAMAGESdamages, LOSSES OR EXPENSES liabilities or expenses of any kind (WHETHER IN TORTwhether in tort, CONTRACT OR OTHERWISEcontract or otherwise) ARISING OUT OF ANY PERSON’S arising out of the Company's or the Administrative Agent's transmission of Company Materials through the Internet, except to the extent that such losses, claims, damages, liabilities or expenses are determined by a court of competent jurisdiction by a final and nonappealable judgment to have resulted from the gross negligence or willful misconduct of such Agent Party; provided, however, that in no event shall any Agent Party have any liability to the Company, any Lender or any other Person for indirect, special, incidental, consequential or punitive damages (OTHER THAN THE RELEVANT INDEMNITEE’S OR OTHER PARTY’S OR THEIR RESPECTIVE RELATED PARTIES’) TRANSMISSION OF COMMUNICATIONS THROUGH THE INTERNET, EXCEPT TO THE EXTENT THE LIABILITY OF ANY SUCH PERSON IS FOUND BY A FINAL AND NON-APPEALABLE JUDGMENT OF A COURT OF COMPETENT JURISDICTION TO HAVE RESULTED FROM SUCH PERSON’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OR MATERIAL BREACH OF THIS AGREEMENTas opposed to direct or actual damages).

The Platform. The Administrative Each of Holdings and the Borrower hereby acknowledges that (a) the Administrative Agent will make available to the Lenders and the Issuing Banks materials and/or information provided by, or on behalf of, Holdings or the Administrative Borrower hereunder (collectively, the “Borrower Materials”) by posting the Borrower Materials on IntraLinks, Syndtrak, ClearPar or another similar electronic system (the “Platform”) and (b) certain of the Lenders may be “public-side” Lenders (i.e., Lenders that do not wish to receive material nonpublic information within the meaning of the United States federal securities laws with respect to Holdings, the Administrative Borrower or its their respective securities) (each, a “Public Lender”). At the request of the Administrative Agent, each of Holdings and the Administrative Borrower hereby agrees that (i) all Borrower Materials that are to be made available to Public Lenders shall be clearly and conspicuously marked “PUBLIC”, (ii) by marking Borrower Materials “PUBLIC,” Holdings and the Administrative Borrower shall be deemed to have authorized the Administrative Agent and the Lenders to treat such the Borrower Materials as information of a type that is would (A) customarily be made publicly available available, as determined in good faith by the Borrower, if Holdings or is the Borrower were to become public reporting companies or (B) would not be material with respect to Holdings, the Administrative Borrower, its subsidiariestheir respective Subsidiaries, any of their respective securities or the Transactions as determined in good faith by the Administrative Borrower for purposes of the United States federal securities laws and (iii) the Administrative Agent shall be required to treat Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform not marked as “Public Investor.” Notwithstanding the foregoing, the following Borrower Materials shall be deemed to be marked “PUBLIC,” unless the Administrative Borrower notifies the Administrative Agent promptly that any such document contains material nonpublic information (it being understood that the Administrative Borrower shall have a reasonable opportunity to review the same prior to distribution and comply with SEC or other applicable disclosure obligations): (1) the Loan Documents, (2) any amendment to any Loan Document and (3) any information delivered pursuant to Section 5.01(a) or (b). Each Public Lender agrees to cause at least one individual at or on behalf of such Public Lender to at all times have selected the “Private Side Information” or similar designation on the content declaration screen of the Platform in order to enable such Public Lender or its delegate, in accordance with such Public Lender’s compliance procedures and applicable law, including United States Federal and state securities laws, to make reference to communications that are not made available through the “Public Side Information” portion of the Platform and that may contain material non-public information with respect to Holdings, the Administrative Borrower its or their securities for purposes of United States Federal or state securities laws. THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” NEITHER THE ADMINISTRATIVE AGENT NOR ANY OF ITS RELATED PARTIES (COLLECTIVELY, THE “AGENT PARTIES”) WARRANTS THE ACCURACY OR COMPLETENESS OF THE COMMUNICATIONS ON, OR THE ADEQUACY OF, THE PLATFORM, AND EACH EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN ANY SUCH COMMUNICATION. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD-PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS IS MADE BY THE AGENT PARTIES IN CONNECTION WITH THE COMMUNICATIONS OR THE PLATFORM. IN NO EVENT SHALL ANY INDEMNITEE OR ANY OTHER AGENT PARTY HERETO REFERRED TO IN SECTION 9.03(b) HAVE ANY LIABILITY TO ANY OTHER PARTY HERETO OR ANY OTHER PERSON FOR DAMAGES OF ANY KIND, WHETHER OR NOT BASED ON STRICT LIABILITY AND INCLUDING DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES (WHETHER IN TORT, CONTRACT OR OTHERWISE) ARISING OUT OF ANY PERSON’S (OTHER THAN THE RELEVANT INDEMNITEE’S OR OTHER LOAN PARTY’S OR THEIR RESPECTIVE RELATED PARTIES’) THE ADMINISTRATIVE AGENT’S TRANSMISSION OF COMMUNICATIONS THROUGH THE INTERNET, EXCEPT TO THE EXTENT THE LIABILITY OF ANY SUCH PERSON IS FOUND BY IN A FINAL AND NON-APPEALABLE JUDGMENT OF RULING BY A COURT OF COMPETENT JURISDICTION TO HAVE RESULTED FROM SUCH PERSON’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OR MATERIAL BREACH OF THIS AGREEMENT.

The Platform. The Administrative Borrower hereby acknowledges that (ai) the Administrative Agent will and/or the Arranger may, but shall not be obligated to, make available to the Lenders and the Issuing Banks materials and/or information provided by, by or on behalf of, the Administrative of such Borrower hereunder (collectively, the “Borrower Materials”) by posting the Borrower Materials on DebtDomain, IntraLinks, Syndtrak, ClearPar Syndtrak or another similar electronic system (the “Platform”) and (bii) certain of the Lenders may be “public-side” Lenders (i.e., Lenders that do not wish to receive material nonpublic information within the meaning of the United States federal securities laws with respect to the Administrative Borrower or its securities) (each, a “Public Lender”). At ) may have personnel who do not wish to receive material non-public information with respect to the request Borrower or its Affiliates, or the respective securities of any of the Administrative Agentforegoing, the Administrative and who may be engaged in investment and other market-related activities with respect to such Persons’ securities. The Borrower hereby agrees that (iA) it will use its reasonable efforts to cause all Borrower Materials that are to be made available to Public Lenders shall be clearly and conspicuously marked “PUBLIC”” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (iiB) by marking Borrower Materials “PUBLIC,” the Administrative Borrower shall be deemed to have authorized the Administrative Agent Agent, the Arranger and the Lenders to treat such Borrower Materials as not containing any material non-public information of a type that is publicly available or is not material with respect to the Administrative Borrower, Borrower or its subsidiaries, any of their respective securities or the Transactions as determined in good faith by the Administrative Borrower for purposes of the United States federal Federal and state securities laws (provided, however, that to the extent such Borrower Materials constitute Information, they shall be treated as set forth in Section 11.07); (C) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated “Public Side Information;” and (iiiD) the Administrative Agent and the Arranger shall be required entitled to treat any Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform not marked as designated “Public InvestorSide Information”. THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” Notwithstanding the foregoingTHE AGENT PARTIES (AS DEFINED BELOW) DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE BORROWER MATERIALS OR THE ADEQUACY OF THE PLATFORM, the following Borrower Materials AND EXPRESSLY DISCLAIM LIABILITY FOR ERRORS IN OR OMISSIONS FROM THE BORROWER MATERIALS. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS, IS MADE BY ANY AGENT PARTY IN CONNECTION WITH THE BORROWER MATERIALS OR THE PLATFORM. In no event shall be deemed to be marked “PUBLIC,” unless the Administrative Borrower notifies the Administrative Agent promptly that or any such document contains material nonpublic information of its Related Parties (it being understood that collectively, the “Agent Parties”) have any liability to the Borrower, any Lender or any other Person for losses, claims, damages, liabilities or expenses of any kind (whether in tort, contract or otherwise) arising out of the Borrower’s or the Administrative Agent’s transmission of the Borrower shall have a reasonable opportunity to review Materials or notices through the same prior to distribution and comply with SEC Platform, any other electronic platform or other applicable disclosure obligations): (1) messaging service, or through the Loan Documents, (2) any amendment to any Loan Document and (3) any information delivered pursuant to Section 5.01(a) or (b)Internet. Each Public Lender agrees to cause at least one individual at or on behalf of such Public Lender to at all times have selected the “Private Side Information” or similar designation on the content declaration screen of the Platform in order to enable such Public Lender or its delegate, in accordance with such Public Lender’s compliance procedures and applicable lawApplicable Law, including United States Federal and state securities lawsLaws, to make reference to communications the Borrower Materials that are not made available through the “Public Side Information” portion of the Platform and that may contain material non-public information with respect to the Administrative Borrower or its securities for purposes of United States Federal or state securities laws. THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLELaws.” NEITHER THE ADMINISTRATIVE AGENT NOR ANY OF ITS RELATED PARTIES (COLLECTIVELY, THE “AGENT PARTIES”) WARRANTS THE ACCURACY OR COMPLETENESS OF THE COMMUNICATIONS ON, OR THE ADEQUACY OF, THE PLATFORM, AND EACH EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN ANY SUCH COMMUNICATION. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD-PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS IS MADE BY THE AGENT PARTIES IN CONNECTION WITH THE COMMUNICATIONS OR THE PLATFORM. IN NO EVENT SHALL ANY INDEMNITEE OR ANY OTHER PARTY HERETO REFERRED TO IN SECTION 9.03(b) HAVE ANY LIABILITY TO ANY OTHER PARTY HERETO OR ANY OTHER PERSON FOR DAMAGES OF ANY KIND, WHETHER OR NOT BASED ON STRICT LIABILITY AND INCLUDING DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES (WHETHER IN TORT, CONTRACT OR OTHERWISE) ARISING OUT OF ANY PERSON’S (OTHER THAN THE RELEVANT INDEMNITEE’S OR OTHER PARTY’S OR THEIR RESPECTIVE RELATED PARTIES’) TRANSMISSION OF COMMUNICATIONS THROUGH THE INTERNET, EXCEPT TO THE EXTENT THE LIABILITY OF ANY SUCH PERSON IS FOUND BY A FINAL AND NON-APPEALABLE JUDGMENT OF A COURT OF COMPETENT JURISDICTION TO HAVE RESULTED FROM SUCH PERSON’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OR MATERIAL BREACH OF THIS AGREEMENT.

The Platform. The Administrative Borrower hereby (i) Each Loan Party acknowledges and agrees that (aA) the Administrative Agent will and/or the Arranger may, but shall not be obligated to, make available to the Lenders and the Issuing Banks materials and/or information provided by, by or on behalf of, the Administrative of Borrower or any other Loan Party hereunder (collectively, the “Borrower Materials”) available to the L/C Issuer and the other Lenders by posting the Borrower Materials Communications on IntraLinksDebt Domain, Debt Exchange (DebtX), Intralinks, Syndtrak, ClearPar ClearPar, or another a substantially similar electronic transmission system (the “Platform”) ), and (bB) that certain of the Lenders may be “public-side” Lenders (i.e., Lenders that do not wish to receive material nonpublic information within the meaning of the United States federal securities laws with respect to the Administrative Borrower or its securities) (each, a “Public Lender”). At ) may have personnel who do not wish to receive material non‑public information with respect to Borrower or its Affiliates or the request respective securities of any of the Administrative Agentforegoing, the Administrative and who may be engaged in investment and other market‑related activities with respect to such Persons’ securities. Borrower hereby agrees that (iw) all Borrower Materials that are to be made available to Public Lenders shall be clearly and conspicuously marked “PUBLIC”” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (iix) by marking Borrower Materials “PUBLIC,” the Administrative Borrower shall be deemed to have authorized Administrative Agent, the Administrative Agent Arranger, the L/C Issuer and the Lenders to treat such Borrower Materials as not containing any material non‑public information of a type that is publicly available or is not material with respect to the Administrative Borrower, Borrower or its subsidiaries, any of their respective securities or the Transactions as determined in good faith by the Administrative Borrower for purposes of the United States federal Federal and state securities laws WEST\258439317.6 319678-000089122 (provided, however, that to the extent such Borrower Materials constitute Information, they shall be treated as set forth in Section 11.07); (y) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform that is designated “Public Side Information;” and (iiiz) the Administrative Agent and the Arranger shall be required entitled to treat any Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform not marked as “Public Investor.” Notwithstanding the foregoing, the following Borrower Materials shall be deemed to be marked “PUBLIC,” unless the Administrative Borrower notifies the Administrative Agent promptly that any such document contains material nonpublic information (it being understood that the Administrative Borrower shall have a reasonable opportunity to review the same prior to distribution and comply with SEC or other applicable disclosure obligations): (1) the Loan Documents, (2) any amendment to any Loan Document and (3) any information delivered pursuant to Section 5.01(a) or (b). Each Public Lender agrees to cause at least one individual at or on behalf of such Public Lender to at all times have selected the “Private Side Information” or similar designation on the content declaration screen of the Platform in order to enable such Public Lender or its delegate, in accordance with such Public Lender’s compliance procedures and applicable law, including United States Federal and state securities laws, to make reference to communications that are not made available through the designated “Public Side Information” portion of the Platform and that may contain material non-public information with respect to the Administrative Borrower its securities for purposes of United States Federal or state securities laws. .. (ii) THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” NEITHER THE ADMINISTRATIVE AGENT NOR ANY OF ITS RELATED PARTIES (COLLECTIVELY, THE “AGENT PARTIES”AS DEFINED BELOW) WARRANTS DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE COMMUNICATIONS ON, BORROWER MATERIALS OR THE ADEQUACY OF, OF THE PLATFORM, AND EACH EXPRESSLY DISCLAIMS DISCLAIM LIABILITY FOR ERRORS IN OR OMISSIONS IN ANY SUCH COMMUNICATIONFROM BORROWER MATERIALS. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT NON‑INFRINGEMENT OF THIRD-THIRD PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS DEFECTS, IS MADE BY THE ANY ADMINISTRATIVE AGENT PARTIES PARTY IN CONNECTION WITH THE COMMUNICATIONS BORROWER MATERIALS OR THE PLATFORM. IN NO EVENT SHALL ANY INDEMNITEE OR ANY OTHER PARTY HERETO REFERRED TO IN SECTION 9.03(bIn no event shall Administrative Agent or any of its Related Parties (collectively, the “Administrative Agent Parties”) HAVE ANY LIABILITY TO ANY OTHER PARTY HERETO OR ANY OTHER PERSON FOR DAMAGES OF ANY KINDhave any liability to Borrower, WHETHER OR NOT BASED ON STRICT LIABILITY AND INCLUDING DIRECT OR INDIRECTany other Loan Party, SPECIALany Lender, INCIDENTAL OR CONSEQUENTIAL DAMAGESthe L/C Issuer or any other Person for losses, LOSSES OR EXPENSES claims, damages, liabilities or expenses of any kind, including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses (WHETHER IN TORTwhether in tort, CONTRACT OR OTHERWISEcontract or otherwise) ARISING OUT OF ANY PERSON’S (OTHER THAN THE RELEVANT INDEMNITEE’S OR OTHER PARTY’S OR THEIR RESPECTIVE RELATED PARTIES’) TRANSMISSION OF COMMUNICATIONS THROUGH THE INTERNETarising out of Borrower’s, EXCEPT TO THE EXTENT THE LIABILITY OF ANY SUCH PERSON IS FOUND BY A FINAL AND NON-APPEALABLE JUDGMENT OF A COURT OF COMPETENT JURISDICTION TO HAVE RESULTED FROM SUCH PERSON’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OR MATERIAL BREACH OF THIS AGREEMENTany Loan Party’s or Administrative Agent’s transmission of Borrower Materials or notices through the Internet, the Platform or any other electronic platform or electronic messaging service. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of any Loan Party pursuant to any Loan Document or the transactions contemplated therein which is distributed to Administrative Agent, any Lender or any L/C Issuer by means of electronic communications pursuant to this Section, including through the Platform.

The Platform. The Administrative Each Borrower hereby acknowledges that (ai) the Administrative Agent will and/or the Arrangers may, but shall not be obligated to, make available to the Lenders and the Issuing Banks materials and/or information provided by, by or on behalf of, of the Administrative Borrower Borrowers hereunder (collectively, the “Borrower Materials”) by posting the Borrower Materials on Debt Domain, IntraLinks, Syndtrak, ClearPar Syndtrak or another similar electronic system (the “Platform”) and (b) certain of the Lenders may be “public-side” Lenders (i.e., Lenders that do not wish to receive material nonpublic information within the meaning of the United States federal securities laws with respect to the Administrative Borrower or its securities) (each, a “Public Lender”). At ) may have personnel who do not wish to receive material non-public information with respect to any Borrower or its Affiliates, or the request respective securities of any of the Administrative Agentforegoing, the Administrative and who may be engaged in investment and other market-related activities with respect to such Persons’ securities. Each Borrower hereby agrees that (iw) all Borrower Materials that are to be made available to Public Lenders shall be clearly and conspicuously marked “PUBLIC”” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (iix) by marking Borrower Materials “PUBLIC,” the Administrative Borrower Borrowers shall be deemed to have authorized the Administrative Agent Agent, the Arrangers, the Issuing Banks and the Lenders to treat such Borrower Materials as not containing any material non-public information of a type that is publicly available or is not material with respect to the Administrative Borrower, any Borrower or its subsidiaries, any of their respective securities or the Transactions as determined in good faith by the Administrative Borrower for purposes of the United States federal Federal and state securities laws (provided, however, that to the extent such Borrower Materials constitute Information, they shall be treated as set forth in Section 14.2); (y) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated “Public Side Information;” and (iiiz) the Administrative Agent and the Arrangers shall be required entitled to treat any Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform not marked as “Public Investor.” Notwithstanding the foregoing, the following Borrower Materials shall be deemed to be marked “PUBLIC,” unless the Administrative Borrower notifies the Administrative Agent promptly that any such document contains material nonpublic information (it being understood that the Administrative Borrower shall have a reasonable opportunity to review the same prior to distribution and comply with SEC or other applicable disclosure obligations): (1) the Loan Documents, (2) any amendment to any Loan Document and (3) any information delivered pursuant to Section 5.01(a) or (b). Each Public Lender agrees to cause at least one individual at or on behalf of such Public Lender to at all times have selected the “Private Side Information” or similar designation on the content declaration screen of the Platform in order to enable such Public Lender or its delegate, in accordance with such Public Lender’s compliance procedures and applicable law, including United States Federal and state securities laws, to make reference to communications that are not made available through the designated “Public Side Information.” portion of the Platform and that may contain material non-public information with respect to the Administrative Borrower its securities for purposes of United States Federal or state securities laws. THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” NEITHER THE ADMINISTRATIVE AGENT NOR ANY OF ITS RELATED PARTIES (COLLECTIVELY, THE “AGENT PARTIES”AS DEFINED BELOW) WARRANTS DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE COMMUNICATIONS ON, BORROWER MATERIALS OR THE ADEQUACY OF, OF THE PLATFORM, AND EACH EXPRESSLY DISCLAIMS DISCLAIM LIABILITY FOR ERRORS IN OR OMISSIONS IN ANY SUCH COMMUNICATIONFROM THE BORROWER MATERIALS. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT NON-INFRINGEMENT OF THIRD-THIRD PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS DEFECTS, IS MADE BY THE ANY AGENT PARTIES PARTY IN CONNECTION WITH THE COMMUNICATIONS BORROWER MATERIALS OR THE PLATFORM. IN NO EVENT SHALL ANY INDEMNITEE OR ANY OTHER PARTY HERETO REFERRED TO IN SECTION 9.03(bIn no event shall the Administrative Agent or any of its Related Parties (collectively, the “Agent Parties”) HAVE ANY LIABILITY TO ANY OTHER PARTY HERETO OR ANY OTHER PERSON FOR DAMAGES OF ANY KINDhave any liability to any Borrower, WHETHER OR NOT BASED ON STRICT LIABILITY AND INCLUDING DIRECT OR INDIRECTany Lender, SPECIALany Issuing Bank or any other Person for losses, INCIDENTAL OR CONSEQUENTIAL DAMAGESclaims, LOSSES OR EXPENSES damages, liabilities or expenses of any kind (WHETHER IN TORTwhether in tort, CONTRACT OR OTHERWISEcontract or otherwise) ARISING OUT OF ANY PERSON’S (OTHER THAN THE RELEVANT INDEMNITEE’S OR OTHER PARTY’S OR THEIR RESPECTIVE RELATED PARTIES’) TRANSMISSION OF COMMUNICATIONS THROUGH THE INTERNETarising out of any Borrower’s, EXCEPT TO THE EXTENT THE LIABILITY OF ANY SUCH PERSON IS FOUND BY A FINAL AND NON-APPEALABLE JUDGMENT OF A COURT OF COMPETENT JURISDICTION TO HAVE RESULTED FROM SUCH PERSON’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OR MATERIAL BREACH OF THIS AGREEMENTany Loan Party’s or the Administrative Agent’s transmission of Borrower Materials through the Internet.

The Platform. The Administrative Borrower hereby acknowledges that Obligor Materials shall be delivered pursuant to procedures approved by Agent, including electronic delivery (aif possible) the Administrative upon request by Agent will make available to the Lenders and the Issuing Banks materials and/or information provided by, or on behalf of, the Administrative Borrower hereunder (collectively, the “Borrower Materials”) by posting the Borrower Materials on IntraLinks, Syndtrak, ClearPar or another similar an electronic system maintained by Agent (the “Platform”) and (b) certain of the Lenders may be “public-side” Lenders (i.e., Lenders that do not wish to receive material nonpublic information within the meaning of the United States federal securities laws with respect to the Administrative Borrower or its securities) (each, a “Public Lender”). At Borrower Agent shall notify Agent of each posting of Obligor Materials on the request Platform and the materials shall be deemed received by Agent only upon its receipt of the Administrative Agent, the Administrative Borrower hereby agrees that (i) all Borrower such notice. Obligor Materials that are and other information relating to this Agreement may be made available to Public Lenders Secured Parties on the Platform (and, upon request made by any Lender to Agent, shall be clearly made available by Agent to such Lender on the Platform or as Agent may otherwise determine in its discretion), and conspicuously marked Obligors and Secured Parties acknowledge that “PUBLIC”, (ii) by marking Borrower Materials “PUBLIC,public” the Administrative Borrower shall be deemed to have authorized the Administrative Agent and the Lenders to treat such Borrower Materials as information of a type that is publicly available or is not material with respect to the Administrative Borrower, its subsidiaries, any of their respective securities or the Transactions as determined in good faith by the Administrative Borrower for purposes of the United States federal securities laws and (iii) the Administrative Agent shall be required to treat Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform not marked as “Public Investor.” Notwithstanding the foregoing, the following Borrower Materials shall be deemed to be marked “PUBLIC,” unless the Administrative Borrower notifies the Administrative Agent promptly that any such document contains material nonpublic information (it being understood that the Administrative Borrower shall have a reasonable opportunity to review the same prior to distribution and comply with SEC or other applicable disclosure obligations): (1) the Loan Documents, (2) any amendment to any Loan Document and (3) any information delivered pursuant to Section 5.01(a) or (b). Each Public Lender agrees to cause at least one individual at or on behalf of such Public Lender to at all times have selected the “Private Side Information” or similar designation on the content declaration screen of the Platform in order to enable such Public Lender or its delegate, in accordance with such Public Lender’s compliance procedures and applicable law, including United States Federal and state securities laws, to make reference to communications that are not made available through the “Public Side Information” portion of the Platform and that may contain segregated from material non-public information with respect to on the Administrative Borrower its securities for purposes of United States Federal or state securities lawsPlatform. THE PLATFORM IS PROVIDED The Platform is provided “AS ISas is” AND and “AS AVAILABLEas available.” NEITHER THE ADMINISTRATIVE AGENT NOR ANY OF ITS RELATED PARTIES (COLLECTIVELYAgent does not warrant the accuracy or completeness of any information on the Platform nor the adequacy or functioning of the Platform, THE “AGENT PARTIES”) WARRANTS THE ACCURACY OR COMPLETENESS OF THE COMMUNICATIONS ON, OR THE ADEQUACY OF, THE PLATFORM, AND EACH EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN ANY SUCH COMMUNICATIONand expressly disclaims liability for any errors or omissions in the Obligor Materials or any issues involving the Platform. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT NON-INFRINGEMENT OF THIRD-THIRD PARTY RIGHTS RIGHTS, OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS DEFECTS, IS MADE BY THE AGENT PARTIES IN CONNECTION WITH THE COMMUNICATIONS RESPECT TO OBLIGOR MATERIALS OR THE PLATFORM. IN NO EVENT SHALL ANY INDEMNITEE OR ANY OTHER PARTY HERETO REFERRED TO IN SECTION 9.03(bSecured Parties acknowledge that Obligor Materials may include material non-public information of Obligors and should not be made available to any personnel who do not wish to receive such information or who may be engaged in investment or other market-related activities with respect to any Obligor’s securities. No Agent Indemnitee shall have any liability to Obligors, Secured Parties or any other Person for losses, claims, damages, liabilities or expenses of any kind (whether in tort, contract or otherwise) HAVE ANY LIABILITY TO ANY OTHER PARTY HERETO OR ANY OTHER PERSON FOR DAMAGES OF ANY KINDrelating to use by any Person of the Platform or delivery of Obligor Materials and other information through the Platform or over the internet, WHETHER OR NOT BASED ON STRICT LIABILITY AND INCLUDING DIRECT OR INDIRECTexcept to the extent that such losses, SPECIALclaims, INCIDENTAL OR CONSEQUENTIAL DAMAGESdamages, LOSSES OR EXPENSES liabilities or expenses (WHETHER IN TORTa) are determined by a court of competent jurisdiction by final and non-appealable judgment to have resulted from the gross negligence or willful misconduct of such Indemnitee or (b) result from a claim brought by an Obligor against such Indemnitee for material breach or breach in bad faith of such Indemnitee’s obligations hereunder relating to such use or delivery, CONTRACT OR OTHERWISE) ARISING OUT OF ANY PERSON’S in each case if such Obligor has obtained a final and nonappealable judgment in its favor on such claim as determined by a court of competent jurisdiction; provided, however, that in no event shall any Agent Indemnitee have any liability for indirect, special, incidental, consequential or punitive damages (OTHER THAN THE RELEVANT INDEMNITEE’S OR OTHER PARTY’S OR THEIR RESPECTIVE RELATED PARTIES’) TRANSMISSION OF COMMUNICATIONS THROUGH THE INTERNET, EXCEPT TO THE EXTENT THE LIABILITY OF ANY SUCH PERSON IS FOUND BY A FINAL AND NON-APPEALABLE JUDGMENT OF A COURT OF COMPETENT JURISDICTION TO HAVE RESULTED FROM SUCH PERSON’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OR MATERIAL BREACH OF THIS AGREEMENTas opposed to direct or actual damages).

The Platform. The Administrative Borrower Borrowers hereby acknowledges acknowledge that (ai) the Administrative Agent will make available to the Lenders and the Issuing Banks materials and/or information provided by, by or on behalf of, of the Administrative Borrower Borrowers hereunder (collectively, the “Borrower Materials”) by posting the Borrower Borrowers Materials on IntraLinks, Syndtrak, ClearPar IntraLinks or another similar electronic system (the “Platform”) and (bii) certain of the Lenders may be “public-side” Lenders (i.e., Lenders that do not wish to receive material nonpublic information within the meaning of the United States federal securities laws with respect to the Administrative Borrower or its securities) (each, a “Public Lender”). At ) may have personnel who do not wish to receive material non-public information with respect to the request Borrowers or their Affiliates, or the respective securities of any of the Administrative Agentforegoing, and who may be engaged in investment and other market-related activities with respect to such Persons’ securities. The Borrowers hereby agree that they will use commercially reasonable efforts to identify that portion of the Administrative Borrower hereby agrees that (i) all Borrower Materials that are may be distributed to be made available to the Public Lenders and that (1) all such Borrower Materials shall be clearly and conspicuously marked “PUBLIC”” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (ii2) by marking Borrower Materials “PUBLIC,” the Administrative Borrower Borrowers shall be deemed to have authorized the Administrative Agent and the Lenders to treat such Borrower Materials as not containing any material non-public information of a type that is publicly available or is not material (although it may be sensitive and proprietary) with respect to the Administrative Borrower, its subsidiaries, any of Borrowers or their respective securities or the Transactions as determined in good faith by the Administrative Borrower for purposes of the United States federal and state securities laws laws; (3) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated “Public Side Information”; and (iii4) the Administrative Agent shall be required entitled to treat any Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform not marked as “Public Investor.” Notwithstanding the foregoing, the following Borrower Materials shall be deemed to be marked “PUBLIC,” unless the Administrative Borrower notifies the Administrative Agent promptly that any such document contains material nonpublic information (it being understood that the Administrative Borrower shall have a reasonable opportunity to review the same prior to distribution and comply with SEC or other applicable disclosure obligations): (1) the Loan Documents, (2) any amendment to any Loan Document and (3) any information delivered pursuant to Section 5.01(a) or (b). Each Public Lender agrees to cause at least one individual at or on behalf of such Public Lender to at all times have selected the “Private Side Information” or similar designation on the content declaration screen of the Platform in order to enable such Public Lender or its delegate, in accordance with such Public Lender’s compliance procedures and applicable law, including United States Federal and state securities laws, to make reference to communications that are not made available through the designated “Public Side Information.” portion of the Platform and that may contain material non-public information with respect to the Administrative Borrower its securities for purposes of United States Federal or state securities laws. THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” NEITHER THE ADMINISTRATIVE AGENT NOR ANY OF ITS RELATED PARTIES (COLLECTIVELY, THE “AGENT PARTIES”AS DEFINED BELOW) WARRANTS DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE COMMUNICATIONS ON, BORROWER MATERIALS OR THE ADEQUACY OF, OF THE PLATFORM, AND EACH EXPRESSLY DISCLAIMS DISCLAIM LIABILITY FOR ERRORS IN OR OMISSIONS IN ANY SUCH COMMUNICATIONFROM THE BORROWER MATERIALS. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT NON-INFRINGEMENT OF THIRD-THIRD PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS DEFECTS, IS MADE BY THE ANY AGENT PARTIES PARTY IN CONNECTION WITH THE COMMUNICATIONS BORROWER MATERIALS OR THE PLATFORM. IN NO EVENT SHALL ANY INDEMNITEE OR ANY OTHER PARTY HERETO REFERRED TO IN SECTION 9.03(bIn no event shall the Administrative Agent or any of its Affiliates and the partners, directors, officers, employees, agents, trustees and advisors of such Person and of such Person’s Affiliates (collectively, the “Agent Parties”) HAVE ANY LIABILITY TO ANY OTHER PARTY HERETO OR ANY OTHER PERSON FOR DAMAGES OF ANY KINDhave any liability to the Borrowers, WHETHER OR NOT BASED ON STRICT LIABILITY AND INCLUDING DIRECT OR INDIRECTany Lender or any other Person for losses, SPECIALclaims, INCIDENTAL OR CONSEQUENTIAL DAMAGESdamages, LOSSES OR EXPENSES liabilities or expenses of any kind (WHETHER IN TORTwhether in tort, CONTRACT OR OTHERWISEcontract or otherwise) ARISING OUT OF ANY PERSON’S arising out of the Borrowers’ or the Administrative Agent’s transmission of materials and/or information provided by or on behalf of the Borrowers under the Loan Documents through the Internet, except to the extent that such losses, claims, damages, liabilities or expenses are determined by a court of competent jurisdiction by a final and nonappealable judgment to have resulted from the gross negligence, willful misconduct or bad faith of such Agent Party; provided, however, that in no event shall any Agent Party have any liability to the Borrowers, any Lender or any other Person for indirect, special, incidental, consequential or punitive damages (OTHER THAN THE RELEVANT INDEMNITEE’S OR OTHER PARTY’S OR THEIR RESPECTIVE RELATED PARTIES’) TRANSMISSION OF COMMUNICATIONS THROUGH THE INTERNET, EXCEPT TO THE EXTENT THE LIABILITY OF ANY SUCH PERSON IS FOUND BY A FINAL AND NON-APPEALABLE JUDGMENT OF A COURT OF COMPETENT JURISDICTION TO HAVE RESULTED FROM SUCH PERSON’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OR MATERIAL BREACH OF THIS AGREEMENTas opposed to direct or actual damages).

The Platform. The Administrative Each of Holdings and the Borrower hereby acknowledges that (a) the Administrative Agent will make available to the Lenders and the Issuing Banks materials and/or information provided by, or on behalf of, Holdings or the Administrative Borrower hereunder (collectively, the “Borrower Materials”) by posting the Borrower Materials on IntraLinks, Syndtrak, ClearPar or another similar electronic system (the “Platform”) and (b) certain of the Lenders may be “public-side” Lenders (i.e., Lenders that do not wish to receive material nonpublic information within the meaning of the United States federal securities laws with respect to Holdings, the Administrative Borrower or its their respective securities) (each, a “Public Lender”). At the request of the Administrative Agent, each of Holdings and the Administrative Borrower hereby agrees that (i) all Borrower Materials that are to be made available to Public Lenders shall be clearly and conspicuously marked “PUBLIC”, (ii) by marking Borrower Materials “PUBLIC,” Holdings and the Administrative Borrower shall be deemed to have authorized the Administrative Agent and the Lenders to treat such the Borrower Materials as information of a type that is would (A) customarily be made publicly available available, as determined in good faith by the Borrower, if Holdings or is the Borrower were to become public reporting companies or (B) would not be material with respect to Holdings, the Administrative Borrower, its subsidiariestheir respective Subsidiaries, any of their respective securities or the Transactions as determined in good faith by the Administrative Borrower for purposes of the United States federal securities laws and (iii) the Administrative Agent shall be required to treat Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform not marked as “Public Investor.” Notwithstanding the foregoing, the following Borrower Materials shall be deemed to be marked “PUBLIC,” unless the Administrative Borrower notifies the Administrative Agent promptly that any such document contains material nonpublic information (it being understood that the Administrative Borrower shall have a reasonable opportunity to review the same prior to distribution and comply with SEC or other applicable disclosure obligations): (1) the Loan Documents, (2) any amendment to any Loan Document and (3) any information delivered pursuant to Section 5.01(a) or (b). Each Public Lender agrees to cause at least one individual at or on behalf of such Public Lender to at all times have selected the “Private Side Information” or similar designation on the content declaration screen of the Platform in order to enable such Public Lender or its delegate, in accordance with such Public Lender’s compliance procedures and applicable law, including United States Federal and state securities laws, to make reference to communications that are not made available through the “Public Side Information” portion of the Platform and that may contain material non-public information with respect to Holdings, the Administrative Borrower its or their securities for purposes of United States Federal or state securities laws. THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” NEITHER THE ADMINISTRATIVE AGENT NOR ANY OF ITS RELATED PARTIES (COLLECTIVELY, THE “AGENT PARTIES”) WARRANTS THE ACCURACY OR COMPLETENESS OF THE COMMUNICATIONS ON▇▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇, OR ▇▇ THE ADEQUACY OF, THE PLATFORM, AND EACH EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN ANY SUCH COMMUNICATION. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD-PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS IS MADE BY THE AGENT PARTIES IN CONNECTION WITH THE COMMUNICATIONS OR THE PLATFORM. IN NO EVENT SHALL ANY INDEMNITEE OR ANY OTHER AGENT PARTY HERETO REFERRED TO IN SECTION 9.03(b) HAVE ANY LIABILITY TO ANY OTHER PARTY HERETO OR ANY OTHER PERSON FOR DAMAGES OF ANY KIND, WHETHER OR NOT BASED ON STRICT LIABILITY AND INCLUDING DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES (WHETHER IN TORT, CONTRACT OR OTHERWISE) ARISING OUT OF ANY PERSON’S (OTHER THAN THE RELEVANT INDEMNITEE’S OR OTHER LOAN PARTY’S OR THEIR RESPECTIVE RELATED PARTIES’) THE ADMINISTRATIVE AGENT’S TRANSMISSION OF COMMUNICATIONS THROUGH THE INTERNET, EXCEPT TO THE EXTENT THE LIABILITY OF ANY SUCH PERSON IS FOUND BY IN A FINAL AND NON-APPEALABLE JUDGMENT OF RULING BY A COURT OF COMPETENT JURISDICTION TO HAVE RESULTED FROM SUCH PERSON’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OR MATERIAL BREACH OF THIS AGREEMENT.

The Platform. The Administrative Borrower hereby acknowledges Each Obligor agrees that (a) the Administrative Agent will may make available to the Lenders and the Issuing Banks materials and/or or information provided by, by or on behalf of, the Administrative Borrower of Obligors hereunder (collectively, the “Borrower Materials”) available to the Lenders by posting the Borrower Materials communications on IntraLinks, Syndtrak, ClearPar SyndTrak or another a substantially similar secure electronic transmission system (the “Platform”). The Platform is provided “as is” and “as available.” Agent does not warrant the accuracy or completeness of the Borrower Materials, or the adequacy of the Platform and expressly disclaim liability for errors or omissions in the communications. No warranty of any kind, express, implied or statutory, including any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by Agent in connection with the Borrower Materials or the Platform. In no event shall Agent or any of the Agent Indemnitees have any liability to the Obligors, Issuing Bank, any Lender or any other person for damages of any kind, including direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) and (b) arising out of any Obligor’s or Agent’s transmission of communications through the Internet, except to the extent the liability of such person is found in a final non-appealable judgment by a court of competent jurisdiction to have resulted from such person’s gross negligence or willful misconduct. Each Obligor further agrees that certain of the Lenders may be “public-side” Lenders (i.e., Lenders that do not wish to receive material nonpublic non-public information within the meaning of the United States federal securities laws with respect to the Administrative Borrower Obligors or its their securities) (each, a “Public Lender”). At the request of the Administrative Agent, the Administrative Borrower hereby agrees that (i) all Borrower Materials that are to be made available to Public Lenders shall be clearly and conspicuously marked “PUBLIC”, (ii) by marking Borrower Materials “PUBLIC,” the Administrative Borrower The Obligors shall be deemed to have authorized the Administrative Agent and its Affiliates and the Lenders to treat such Borrower Materials marked “PUBLIC” or otherwise at any time filed with the SEC as not containing any material non-public information of a type that is publicly available or is not material with respect to the Administrative Borrower, its subsidiaries, any of Loan Parties or their respective securities or the Transactions as determined in good faith by the Administrative Borrower for purposes of the United States federal and state securities laws laws. All Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated as “Public Investor” (or another similar term). Agent and (iii) its Affiliates and the Administrative Agent Lenders shall be required entitled to treat any Borrower Materials that are not marked “PUBLIC” or that are not at any time filed with the SEC as being suitable only for posting on a portion of the Platform not marked as “Public Investor” (or such other similar term).” Notwithstanding the foregoing, the following Borrower Materials shall be deemed to be marked “PUBLIC,” unless the Administrative Borrower notifies the Administrative Agent promptly that any such document contains material nonpublic information (it being understood that the Administrative Borrower shall have a reasonable opportunity to review the same prior to distribution and comply with SEC or other applicable disclosure obligations): (1) the Loan Documents, (2) any amendment to any Loan Document and (3) any information delivered pursuant to Section 5.01(a) or (b). Each Public Lender agrees to cause at least one individual at or on behalf of such Public Lender to at all times have selected the “Private Side Information” or similar designation on the content declaration screen of the Platform in order to enable such Public Lender or its delegate, in accordance with such Public Lender’s compliance procedures and applicable law, including United States Federal and state securities laws, to make reference to communications that are not made available through the “Public Side Information” portion of the Platform and that may contain material non-public information with respect to the Administrative Borrower its securities for purposes of United States Federal or state securities laws. THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” NEITHER THE ADMINISTRATIVE AGENT NOR ANY OF ITS RELATED PARTIES (COLLECTIVELY, THE “AGENT PARTIES”) WARRANTS THE ACCURACY OR COMPLETENESS OF THE COMMUNICATIONS ON, OR THE ADEQUACY OF, THE PLATFORM, AND EACH EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN ANY SUCH COMMUNICATION. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD-PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS IS MADE BY THE AGENT PARTIES IN CONNECTION WITH THE COMMUNICATIONS OR THE PLATFORM. IN NO EVENT SHALL ANY INDEMNITEE OR ANY OTHER PARTY HERETO REFERRED TO IN SECTION 9.03(b) HAVE ANY LIABILITY TO ANY OTHER PARTY HERETO OR ANY OTHER PERSON FOR DAMAGES OF ANY KIND, WHETHER OR NOT BASED ON STRICT LIABILITY AND INCLUDING DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES (WHETHER IN TORT, CONTRACT OR OTHERWISE) ARISING OUT OF ANY PERSON’S (OTHER THAN THE RELEVANT INDEMNITEE’S OR OTHER PARTY’S OR THEIR RESPECTIVE RELATED PARTIES’) TRANSMISSION OF COMMUNICATIONS THROUGH THE INTERNET, EXCEPT TO THE EXTENT THE LIABILITY OF ANY SUCH PERSON IS FOUND BY A FINAL AND NON-APPEALABLE JUDGMENT OF A COURT OF COMPETENT JURISDICTION TO HAVE RESULTED FROM SUCH PERSON’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OR MATERIAL BREACH OF THIS AGREEMENT.

The Platform. The Administrative Borrower hereby acknowledges that (ai) the Administrative Agent will and/or the Arranger may, but shall not be obligated to, make available to the Lenders and the Issuing Banks materials and/or information provided by, by or on behalf of, the Administrative of such Borrower hereunder (collectively, the “Borrower Materials”) by posting the Borrower Materials on DebtDomain, IntraLinks, Syndtrak, ClearPar SyndTrak or another similar electronic system (the “Platform”) and (bii) certain of the Lenders may be “public-side” Lenders (i.e., Lenders that do not wish to receive material nonpublic information within the meaning of the United States federal securities laws with respect to the Administrative Borrower or its securities) (each, a “Public Lender”). At ) may have personnel who do not wish to receive material non-public information with respect to Borrower or its Affiliates, or the request respective securities of any of the Administrative Agentforegoing, the Administrative and who may be engaged in investment and other market-related activities with respect to such Persons’ securities. Borrower hereby agrees that (iA) all Borrower Materials that are to be made available to Public Lenders shall be clearly and conspicuously marked “PUBLIC”” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (iiB) by marking Borrower Materials “PUBLIC,” the Administrative Borrower shall be deemed to have authorized the Administrative Agent Agent, the Arranger and the Lenders to treat such Borrower Materials as not containing any material non-public information of a type that is publicly available or is not material with respect to the Administrative Borrower, Borrower or its subsidiaries, any of their respective securities or the Transactions as determined in good faith by the Administrative Borrower for purposes of the United States federal Federal and state securities laws (provided, however, that to the extent such Borrower Materials constitute Information, they shall be treated as set forth in Section 10.07); (C) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated “Public Side Information;” and (iiiD) the Administrative Agent and the Arranger shall be required entitled to treat any Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform not marked as designated “Public InvestorSide Information.” Notwithstanding the foregoingTHE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” THE AGENT PARTIES (AS DEFINED BELOW) DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE BORROWER MATERIALS OR THE ADEQUACY OF THE PLATFORM, the following Borrower Materials AND EXPRESSLY DISCLAIM LIABILITY FOR ERRORS IN OR OMISSIONS FROM THE BORROWER MATERIALS. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS, IS MADE BY ANY AGENT PARTY IN CONNECTION WITH THE BORROWER MATERIALS OR THE PLATFORM. In no event shall be deemed to be marked “PUBLIC,” unless the Administrative Borrower notifies the Administrative Agent promptly that or any such document contains material nonpublic information of its Related Parties (it being understood that collectively, the “Agent Parties”) have any liability to the Borrower, any Lender or any other Person for losses, claims, damages, liabilities or expenses of any kind (whether in tort, contract or otherwise) arising out of the Borrower’s or the Administrative Agent’s transmission of Borrower shall have a reasonable opportunity to review Materials or notices through the same prior to distribution and comply with SEC platform, any other electronic platform or other applicable disclosure obligations): (1) messaging service, or through the Loan Documents, (2) any amendment to any Loan Document and (3) any information delivered pursuant to Section 5.01(a) or (b)Internet. Each Public Lender agrees to cause at least one individual at or on behalf of such Public Lender to at all times have selected the “Private Side Information” or similar designation on the content declaration screen of the Platform in order to enable such Public Lender or its delegate, in accordance with such Public Lender’s compliance procedures and applicable lawApplicable Law, including United States Federal and state securities lawsLaws, to make reference to communications Borrower Materials that are not made available through the “Public Side Information” portion of the Platform and that may contain material non-public information with respect to the Administrative Borrower or its securities for purposes of United States Federal or state securities laws. THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLELaws.” NEITHER THE ADMINISTRATIVE AGENT NOR ANY OF ITS RELATED PARTIES (COLLECTIVELY, THE “AGENT PARTIES”) WARRANTS THE ACCURACY OR COMPLETENESS OF THE COMMUNICATIONS ON, OR THE ADEQUACY OF, THE PLATFORM, AND EACH EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN ANY SUCH COMMUNICATION. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD-PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS IS MADE BY THE AGENT PARTIES IN CONNECTION WITH THE COMMUNICATIONS OR THE PLATFORM. IN NO EVENT SHALL ANY INDEMNITEE OR ANY OTHER PARTY HERETO REFERRED TO IN SECTION 9.03(b) HAVE ANY LIABILITY TO ANY OTHER PARTY HERETO OR ANY OTHER PERSON FOR DAMAGES OF ANY KIND, WHETHER OR NOT BASED ON STRICT LIABILITY AND INCLUDING DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES (WHETHER IN TORT, CONTRACT OR OTHERWISE) ARISING OUT OF ANY PERSON’S (OTHER THAN THE RELEVANT INDEMNITEE’S OR OTHER PARTY’S OR THEIR RESPECTIVE RELATED PARTIES’) TRANSMISSION OF COMMUNICATIONS THROUGH THE INTERNET, EXCEPT TO THE EXTENT THE LIABILITY OF ANY SUCH PERSON IS FOUND BY A FINAL AND NON-APPEALABLE JUDGMENT OF A COURT OF COMPETENT JURISDICTION TO HAVE RESULTED FROM SUCH PERSON’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OR MATERIAL BREACH OF THIS AGREEMENT.

The Platform. The Administrative Borrower hereby acknowledges that (ai) the Administrative Agent will and/or the Arranger may, but shall not be obligated to, make available to the Lenders and the Issuing Banks materials and/or information provided by, by or on behalf of, the Administrative of such Borrower hereunder (collectively, the “Borrower Materials”) by posting the Borrower Materials on DebtDomain, IntraLinks, Syndtrak, ClearPar Syndtrak or another similar electronic system (the “Platform”) and (bii) certain of the Lenders may be “public-side” Lenders (i.e., Lenders that do not wish to receive material nonpublic information within the meaning of the United States federal securities laws with respect to the Administrative Borrower or its securities) (each, a “Public Lender”). At ) may have personnel who do not wish to receive material non-public information with respect to Borrower or its Affiliates, or the request respective securities of any of the Administrative Agentforegoing, the Administrative and who may be engaged in investment and other market-related activities with respect to such Persons’ securities. Borrower hereby agrees that (i) all Borrower Materials that are to be made available to Public Lenders shall be clearly and conspicuously marked “PUBLIC”, (iiA) by marking any Borrower Materials “PUBLIC,” the Administrative Borrower shall be deemed to have authorized the Administrative Agent Agent, the Arranger and the Lenders to treat such Borrower Materials as not containing any material non-public information of a type that is publicly available or is not material with respect to the Administrative Borrower, Borrower or its subsidiaries, any of their respective securities or the Transactions as determined in good faith by the Administrative Borrower for purposes of the United States federal Federal and state securities laws (provided, however, that to the extent such Borrower Materials constitute Information, they shall be treated as set forth in Section 11.07); (B) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated “Public Side Information;” and (iiiC) the Administrative Agent and the Arranger shall be required entitled to treat any Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform not marked as designated “Public InvestorSide Information”. THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” Notwithstanding the foregoingTHE AGENT PARTIES (AS DEFINED BELOW) DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE BORROWER MATERIALS OR THE ADEQUACY OF THE PLATFORM, the following Borrower Materials AND EXPRESSLY DISCLAIM LIABILITY FOR ERRORS IN OR OMISSIONS FROM THE BORROWER MATERIALS. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS, IS MADE BY ANY USActive 57710049.13-102- AGENT PARTY IN CONNECTION WITH THE BORROWER MATERIALS OR THE PLATFORM. In no event shall be deemed to be marked “PUBLIC,” unless the Administrative Borrower notifies the Administrative Agent promptly that or any of its Related Parties (collectively, the “Agent Parties”) have any liability to the Borrower, any Lender or any other Person for losses, claims, damages, liabilities or expenses of any kind (whether in tort, contract or otherwise) arising out of the Borrower’s or the Administrative Agent’s transmission of Borrower Materials or notices through the Platform, any other electronic platform or messaging service, or through the Internet, except to the extent any such document contains material nonpublic information (it being understood that losses, claims, damages, liabilities or expenses arising out of the Administrative Borrower shall have a reasonable opportunity to review gross negligence or willful misconduct of the same prior to distribution and comply with SEC or other applicable disclosure obligations): (1) the Loan Documents, (2) any amendment to any Loan Document and (3) any information delivered pursuant to Section 5.01(a) or (b)Agent Parties. Each Public Lender agrees to cause at least one individual at or on behalf of such Public Lender to at all times have selected the “Private Side Information” or similar designation on the content declaration screen of the Platform in order to enable such Public Lender or its delegate, in accordance with such Public Lender’s compliance procedures and applicable lawApplicable Law, including United States Federal and state securities lawsLaws, to make reference to communications Borrower Materials that are not made available through the “Public Side Information” portion of the Platform and that may contain material non-public information with respect to the Administrative Borrower or its securities for purposes of United States Federal or state securities laws. THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLELaws.” NEITHER THE ADMINISTRATIVE AGENT NOR ANY OF ITS RELATED PARTIES (COLLECTIVELY, THE “AGENT PARTIES”) WARRANTS THE ACCURACY OR COMPLETENESS OF THE COMMUNICATIONS ON, OR THE ADEQUACY OF, THE PLATFORM, AND EACH EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN ANY SUCH COMMUNICATION. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD-PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS IS MADE BY THE AGENT PARTIES IN CONNECTION WITH THE COMMUNICATIONS OR THE PLATFORM. IN NO EVENT SHALL ANY INDEMNITEE OR ANY OTHER PARTY HERETO REFERRED TO IN SECTION 9.03(b) HAVE ANY LIABILITY TO ANY OTHER PARTY HERETO OR ANY OTHER PERSON FOR DAMAGES OF ANY KIND, WHETHER OR NOT BASED ON STRICT LIABILITY AND INCLUDING DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES (WHETHER IN TORT, CONTRACT OR OTHERWISE) ARISING OUT OF ANY PERSON’S (OTHER THAN THE RELEVANT INDEMNITEE’S OR OTHER PARTY’S OR THEIR RESPECTIVE RELATED PARTIES’) TRANSMISSION OF COMMUNICATIONS THROUGH THE INTERNET, EXCEPT TO THE EXTENT THE LIABILITY OF ANY SUCH PERSON IS FOUND BY A FINAL AND NON-APPEALABLE JUDGMENT OF A COURT OF COMPETENT JURISDICTION TO HAVE RESULTED FROM SUCH PERSON’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OR MATERIAL BREACH OF THIS AGREEMENT.

The Platform. The Administrative Borrower hereby acknowledges that (aA) the Lead Arranger or the Administrative Agent will make available to the Lenders and the Issuing Banks materials and/or information provided by, by or on behalf of, of the Administrative Borrower Companies hereunder and under the other Loan Documents (collectively, the “Borrower Materials”) by posting the Borrower Materials on IntraLinks, Syndtrak, ClearPar SyndTrak Online or another similar electronic system platform (the “Platform”) and (bB) certain of the Lenders may be “public-side” Lenders (i.e., Lenders that do not wish to receive material nonpublic information within the meaning only of the United States federal securities laws a type that would be publicly available with respect to the Administrative Borrower Companies or its securitiestheir securities if the Companies were public reporting companies) (each, a “Public Lender”). At the request of the Administrative Agent, the Administrative The Borrower hereby agrees that (iW) all Borrower Materials that are to be made available to Public Lenders shall be clearly and conspicuously marked “PUBLIC”” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (iiX) by marking Borrower Materials “PUBLIC,” the Administrative Borrower shall be deemed to have authorized the Administrative Agent and the Lenders to treat such Borrower Materials as containing only information of a type that is would be publicly available or is not material with respect to the Administrative Borrower, its subsidiaries, any of Companies or their respective securities or if the Transactions as determined in good faith by the Administrative Borrower Companies were public reporting companies for purposes of the United States federal and state securities laws (provided, however, to the extent that such Borrower Materials constitute Information (as defined in Section 9.16), they shall be treated as set forth in Section 9.16); (Y) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated as “Public Investor;” and (iiiZ) the Administrative Agent shall be required entitled to treat any Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform not marked as “Public Investor.” Notwithstanding the foregoing, the following Borrower Materials Loan Documents shall be deemed to be marked “PUBLIC,” and notifications of changes in the terms of the Facility shall be deemed marked “PUBLIC”, unless the Administrative Borrower notifies the Administrative Agent promptly that any such document contains material nonpublic non-public information (it being understood of a type that would not be publicly available with respect to the Administrative Companies or their securities if the Companies were public reporting companies. In addition, the Borrower shall have a reasonable opportunity to review the same prior to distribution hereby acknowledges and comply with SEC or other applicable disclosure obligations): (1) the Loan Documents, (2) any amendment to any Loan Document agrees that all financial statements and (3) any information delivered certificates furnished pursuant to Section 5.01(a5.01(b), Section 5.01(c) and Section 5.01(d) shall be deemed marked “PUBLIC” unless any such financial statements or (b). Each Public Lender agrees to cause at least one individual at or on behalf of such Public Lender to at all times have selected the “Private Side Information” or similar designation on the content declaration screen of the Platform in order to enable such Public Lender or its delegate, in accordance with such Public Lender’s compliance procedures and applicable law, including United States Federal and state securities laws, to make reference to communications that are not made available through the “Public Side Information” portion of the Platform and that may contain certificates contains material non-public information with respect to the Administrative Borrower its securities for purposes of United States Federal or state securities laws. THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLEinformation.” NEITHER THE ADMINISTRATIVE AGENT NOR ANY OF ITS RELATED PARTIES (COLLECTIVELY, THE “AGENT PARTIES”) WARRANTS THE ACCURACY OR COMPLETENESS OF THE COMMUNICATIONS ON, OR THE ADEQUACY OF, THE PLATFORM, AND EACH EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN ANY SUCH COMMUNICATION. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD-PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS IS MADE BY THE AGENT PARTIES IN CONNECTION WITH THE COMMUNICATIONS OR THE PLATFORM. IN NO EVENT SHALL ANY INDEMNITEE OR ANY OTHER PARTY HERETO REFERRED TO IN SECTION 9.03(b) HAVE ANY LIABILITY TO ANY OTHER PARTY HERETO OR ANY OTHER PERSON FOR DAMAGES OF ANY KIND, WHETHER OR NOT BASED ON STRICT LIABILITY AND INCLUDING DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES (WHETHER IN TORT, CONTRACT OR OTHERWISE) ARISING OUT OF ANY PERSON’S (OTHER THAN THE RELEVANT INDEMNITEE’S OR OTHER PARTY’S OR THEIR RESPECTIVE RELATED PARTIES’) TRANSMISSION OF COMMUNICATIONS THROUGH THE INTERNET, EXCEPT TO THE EXTENT THE LIABILITY OF ANY SUCH PERSON IS FOUND BY A FINAL AND NON-APPEALABLE JUDGMENT OF A COURT OF COMPETENT JURISDICTION TO HAVE RESULTED FROM SUCH PERSON’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OR MATERIAL BREACH OF THIS AGREEMENT.

The Platform. The Administrative Borrower hereby acknowledges that (ai) the Administrative Agent will make available to the Lenders and the Issuing Banks materials and/or information provided by, by or on behalf of, of the Administrative Borrower hereunder (collectively, the “Borrower Materials”) by posting the Borrower Materials on IntraLinks, Syndtrak, ClearPar IntraLinks or another similar electronic system (the “Platform”) and (bii) certain of the Lenders may be “public-side” Lenders (i.e., Lenders that do not wish to receive material nonpublic information within the meaning of the United States federal securities laws with respect to the Administrative Borrower or its securities) (each, a “Public Lender”). At ) may have personnel who do not wish to receive material non-public information with respect to the request Borrower or its Affiliates, or the respective securities of any of the Administrative Agentforegoing, the Administrative and who may be engaged in investment and other market-related activities with respect to such Persons’ securities. The Borrower hereby agrees that (i) all it will use commercially reasonable efforts to identify that portion of the Borrower Materials that are may be distributed to be made available to the Public Lenders and that (1) all such Borrower Materials shall be clearly and conspicuously marked “PUBLIC”” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (ii2) by marking Borrower Materials “PUBLIC,” the Administrative Borrower shall be deemed to have authorized the Administrative Agent and the Lenders to treat such Borrower Materials as not containing any material non-public information of a type that is publicly available or is not material (although it may be sensitive and proprietary) with respect to the Administrative Borrower, Borrower or its subsidiaries, any of their respective securities or the Transactions as determined in good faith by the Administrative Borrower for purposes of the United States federal and state securities laws laws; (3) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated “Public Side Information”; and (iii4) the Administrative Agent shall be required entitled to treat any Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform not marked as “Public Investor.” Notwithstanding the foregoing, the following Borrower Materials shall be deemed to be marked “PUBLIC,” unless the Administrative Borrower notifies the Administrative Agent promptly that any such document contains material nonpublic information (it being understood that the Administrative Borrower shall have a reasonable opportunity to review the same prior to distribution and comply with SEC or other applicable disclosure obligations): (1) the Loan Documents, (2) any amendment to any Loan Document and (3) any information delivered pursuant to Section 5.01(a) or (b). Each Public Lender agrees to cause at least one individual at or on behalf of such Public Lender to at all times have selected the “Private Side Information” or similar designation on the content declaration screen of the Platform in order to enable such Public Lender or its delegate, in accordance with such Public Lender’s compliance procedures and applicable law, including United States Federal and state securities laws, to make reference to communications that are not made available through the designated “Public Side Information.” portion of the Platform and that may contain material non-public information with respect to the Administrative Borrower its securities for purposes of United States Federal or state securities laws. THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” NEITHER THE ADMINISTRATIVE AGENT NOR ANY OF ITS RELATED PARTIES (COLLECTIVELY, THE “AGENT PARTIES”AS DEFINED BELOW) WARRANTS DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE COMMUNICATIONS ON, BORROWER MATERIALS OR THE ADEQUACY OF, OF THE PLATFORM, AND EACH EXPRESSLY DISCLAIMS DISCLAIM LIABILITY FOR ERRORS IN OR OMISSIONS IN ANY SUCH COMMUNICATIONFROM THE BORROWER MATERIALS. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT NON-INFRINGEMENT OF THIRD-THIRD PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS DEFECTS, IS MADE BY THE ANY AGENT PARTIES PARTY IN CONNECTION WITH THE COMMUNICATIONS BORROWER MATERIALS OR THE PLATFORM. IN NO EVENT SHALL ANY INDEMNITEE OR ANY OTHER PARTY HERETO REFERRED TO IN SECTION 9.03(bIn no event shall the Administrative Agent or any of its Affiliates and the partners, directors, officers, employees, agents, trustees and advisors of such Person and of such Person’s Affiliates (collectively, the “Agent Parties”) HAVE ANY LIABILITY TO ANY OTHER PARTY HERETO OR ANY OTHER PERSON FOR DAMAGES OF ANY KINDhave any liability to the Borrower, WHETHER OR NOT BASED ON STRICT LIABILITY AND INCLUDING DIRECT OR INDIRECTany Lender or any other Person for losses, SPECIALclaims, INCIDENTAL OR CONSEQUENTIAL DAMAGESdamages, LOSSES OR EXPENSES liabilities or expenses of any kind (WHETHER IN TORTwhether in tort, CONTRACT OR OTHERWISEcontract or otherwise) ARISING OUT OF ANY PERSON’S arising out of the Borrower’s or the Administrative Agent’s transmission of materials and/or information provided by or on behalf of the Borrower under the Loan Documents through the Internet, except to the extent that such losses, claims, damages, liabilities or expenses are determined by a court of competent jurisdiction by a final and nonappealable judgment to have resulted from the gross negligence, willful misconduct or bad faith of such Agent Party; provided, however, that in no event shall any Agent Party have any liability to the Borrower, any Lender or any other Person for indirect, special, incidental, consequential or punitive damages (OTHER THAN THE RELEVANT INDEMNITEE’S OR OTHER PARTY’S OR THEIR RESPECTIVE RELATED PARTIES’) TRANSMISSION OF COMMUNICATIONS THROUGH THE INTERNET, EXCEPT TO THE EXTENT THE LIABILITY OF ANY SUCH PERSON IS FOUND BY A FINAL AND NON-APPEALABLE JUDGMENT OF A COURT OF COMPETENT JURISDICTION TO HAVE RESULTED FROM SUCH PERSON’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OR MATERIAL BREACH OF THIS AGREEMENTas opposed to direct or actual damages).

The Platform. The Administrative Each Borrower hereby acknowledges that (a) the Administrative Agent will and/or the Joint Lead Arrangers may, but shall not be obligated to, make available to the Lenders and the Issuing Banks materials and/or information provided by, by or on behalf of, the Administrative of such Borrower hereunder (collectively, the “Borrower Materials”) by posting the Borrower Materials on IntraLinks, Syndtrak, ClearPar ClearPar, or another a substantially similar electronic transmission system (the “Platform”) and (b) certain of the Lenders may be “public-side” Lenders (i.e., Lenders that do not wish to receive material nonpublic information within the meaning of the United States federal securities laws with respect to the Administrative Borrower or its securities) (each, a “Public Lender”). At the request ) may have personnel who do not wish to receive material non-public information with respect to any of the Administrative AgentBorrowers or their respective Affiliates, or the Administrative respective securities of any of the foregoing, and who may be engaged in investment and other market-related activities with respect to such Persons’ securities. Each Borrower hereby agrees that (iw) all Borrower Materials that are to be made available to Public Lenders shall be clearly and conspicuously marked “PUBLIC”” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (iix) by marking Borrower Materials “PUBLIC,” the Administrative Borrower Borrowers shall be deemed to have authorized the Administrative Agent Agent, the Joint Lead Arrangers, the Issuing Bank and the Lenders to treat such Borrower Materials as not containing any material non-public information of a type that is publicly available or is not material with respect to the Administrative Borrower, its subsidiaries, any of Borrowers or their respective securities or the Transactions as determined in good faith by the Administrative Borrower for purposes of the 159 United States federal Federal and state securities laws (provided, however, that to the extent such Borrower Materials constitute Information, they shall be treated as set forth in Section 9.08); (y) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated “Public Side Information;” and (iiiz) the Administrative Agent and the Joint Lead Arrangers shall be required entitled to treat any Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform not marked as “Public Investor.” Notwithstanding the foregoing, the following Borrower Materials shall be deemed to be marked “PUBLIC,” unless the Administrative Borrower notifies the Administrative Agent promptly that any such document contains material nonpublic information (it being understood that the Administrative Borrower shall have a reasonable opportunity to review the same prior to distribution and comply with SEC or other applicable disclosure obligations): (1) the Loan Documents, (2) any amendment to any Loan Document and (3) any information delivered pursuant to Section 5.01(a) or (b). Each Public Lender agrees to cause at least one individual at or on behalf of such Public Lender to at all times have selected the “Private Side Information” or similar designation on the content declaration screen of the Platform in order to enable such Public Lender or its delegate, in accordance with such Public Lender’s compliance procedures and applicable law, including United States Federal and state securities laws, to make reference to communications that are not made available through the designated “Public Side Information.” portion of the Platform and that may contain material non-public information with respect to the Administrative Borrower its securities for purposes of United States Federal or state securities laws. THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” NEITHER THE ADMINISTRATIVE AGENT NOR ANY OF ITS RELATED PARTIES (COLLECTIVELY, THE “AGENT PARTIES”AS DEFINED BELOW) WARRANTS DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE COMMUNICATIONS ON, BORROWER MATERIALS OR THE ADEQUACY OF, OF THE PLATFORM, AND EACH EXPRESSLY DISCLAIMS DISCLAIM LIABILITY FOR ERRORS IN OR OMISSIONS IN ANY SUCH COMMUNICATIONFROM THE BORROWER MATERIALS. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT NON-INFRINGEMENT OF THIRD-THIRD PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS DEFECTS, IS MADE BY THE ANY AGENT PARTIES PARTY IN CONNECTION WITH THE COMMUNICATIONS BORROWER MATERIALS OR THE PLATFORM. IN NO EVENT SHALL ANY INDEMNITEE OR ANY OTHER PARTY HERETO REFERRED TO IN SECTION 9.03(bIn no event shall the Agent or any of its Related Parties (collectively, the “Agent Parties”) HAVE ANY LIABILITY TO ANY OTHER PARTY HERETO OR ANY OTHER PERSON FOR DAMAGES OF ANY KINDhave any liability to any Borrower, WHETHER OR NOT BASED ON STRICT LIABILITY AND INCLUDING DIRECT OR INDIRECTany Lender, SPECIALthe Issuing Bank or any other Person for losses, INCIDENTAL OR CONSEQUENTIAL DAMAGESclaims, LOSSES OR EXPENSES damages, liabilities or expenses of any kind (WHETHER IN TORTwhether in tort, CONTRACT OR OTHERWISEcontract or otherwise) ARISING OUT OF ANY PERSON’S (OTHER THAN THE RELEVANT INDEMNITEE’S OR OTHER PARTY’S OR THEIR RESPECTIVE RELATED PARTIES’) TRANSMISSION OF COMMUNICATIONS THROUGH THE INTERNETarising out of the Company’s, EXCEPT TO THE EXTENT THE LIABILITY OF ANY SUCH PERSON IS FOUND BY A FINAL AND NON-APPEALABLE JUDGMENT OF A COURT OF COMPETENT JURISDICTION TO HAVE RESULTED FROM SUCH PERSON’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OR MATERIAL BREACH OF THIS AGREEMENTany Loan Party’s or the Agent’s transmission of Borrower Materials or notices through the platform, any other electronic platform or electronic messaging service, or through the Internet.

The Platform. (i) The Administrative Borrower hereby acknowledges that (aA) the Lead Arranger or the Administrative Agent will make available to the Lenders and the Issuing Banks materials and/or information provided by, by or on behalf of, of the Administrative Borrower Companies hereunder and under the other Loan Documents (collectively, the “Borrower Materials”) by posting the Borrower Materials on IntraLinks, Syndtrak, ClearPar SyndTrak Online or another similar electronic system platform (the “Platform”) and (bB) certain of the Lenders may be “public-side” Lenders (i.e., Lenders that do not wish to receive material nonpublic information within the meaning only of the United States federal securities laws a type that would be publicly available with respect to the Administrative Borrower Companies or its securitiestheir securities if the Companies were public reporting companies) (each, a “Public Lender”). At the request of the Administrative Agent, the Administrative The Borrower hereby agrees that (iW) all Borrower Materials that are to be made available to Public Lenders shall be clearly and conspicuously marked “PUBLIC”” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (iiX) by marking Borrower Materials “PUBLIC,” the Administrative Borrower shall be deemed to have authorized the Administrative Agent and the Lenders to treat such Borrower Materials as containing only information of a type that is would be publicly available or is not material with respect to the Administrative Borrower, its subsidiaries, any of Companies or their respective securities or if the Transactions as determined in good faith by the Administrative Borrower Companies were public reporting companies for purposes of the United States federal and state securities laws (provided, however, to the extent that such Borrower Materials constitute Information (as defined in Section 9.16), they shall be treated as set forth in Section 9.16); (Y) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated as “Public Investor;” and (iiiZ) the Administrative Agent shall be required entitled to treat any Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform not marked as “Public Investor.” Notwithstanding the foregoing, the following Borrower Materials Loan Documents shall be deemed to be marked “PUBLIC,” and notifications of changes in the terms of the Facility shall be deemed marked “PUBLIC”, unless the Administrative Borrower notifies the Administrative Agent promptly that any such document contains material nonpublic non-public information (it being understood of a type that would not be publicly available with respect to the Administrative Companies or their securities if the Companies were public reporting companies. In addition, the Borrower shall have a reasonable opportunity to review the same prior to distribution hereby acknowledges and comply with SEC or other applicable disclosure obligations): (1) the Loan Documents, (2) any amendment to any Loan Document agrees that all financial statements and (3) any information delivered certificates furnished pursuant to Section 5.01(a5.01(b), Section 5.01(c) and Section 5.01(d) shall be deemed marked “PUBLIC” unless any such financial statements or certificates contains material non-public information. (b). Each Public Lender agrees to cause at least one individual at ii) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the accuracy or on behalf of such Public Lender to at all times have selected the “Private Side Information” or similar designation on the content declaration screen completeness of the Platform in order to enable such Public Lender Borrower Materials or its delegate, in accordance with such Public Lender’s compliance procedures and applicable law, including United States Federal and state securities laws, to make reference to communications that are not made available through the “Public Side Information” portion adequacy of the Platform and that may contain material expressly disclaim liability for errors in, or omissions from, the Borrower Materials. No warranty of any kind, express, implied or statutory, including any warranty of merchantability, fitness for a particular purpose, non-public information infringement of third party rights or freedom from viruses or other code defects, is made by any Agent party in connection with respect the Borrower Materials or the Platform. In no event shall the Administrative Agent or any of its Related Parties (collectively, the “Agent Parties”) have any liability to the Companies, any Lender, any other Agent or any other Person for losses, claims, damages, liabilities or expenses of any kind (whether in tort, contract or otherwise) arising out of any Company’s or the Administrative Agent’s transmission of Borrower its securities Materials through the Internet, except to the extent that such losses, claims, damages, liabilities or expenses are determined by a court of competent jurisdiction by a final and nonappealable judgment to have resulted from the gross negligence or willful misconduct of such Agent Party; provided, however, that in no event shall any Agent Party have any liability to any Company, any Lender, any Agent, the Lead Arranger or any other Person for purposes of United States Federal indirect, special, incidental, consequential or state securities laws. THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLEpunitive damages (as opposed to direct or actual damages).” NEITHER THE ADMINISTRATIVE AGENT NOR ANY OF ITS RELATED PARTIES (COLLECTIVELY, THE “AGENT PARTIES”) WARRANTS THE ACCURACY OR COMPLETENESS OF THE COMMUNICATIONS ON, OR THE ADEQUACY OF, THE PLATFORM, AND EACH EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN ANY SUCH COMMUNICATION. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD-PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS IS MADE BY THE AGENT PARTIES IN CONNECTION WITH THE COMMUNICATIONS OR THE PLATFORM. IN NO EVENT SHALL ANY INDEMNITEE OR ANY OTHER PARTY HERETO REFERRED TO IN SECTION 9.03(b) HAVE ANY LIABILITY TO ANY OTHER PARTY HERETO OR ANY OTHER PERSON FOR DAMAGES OF ANY KIND, WHETHER OR NOT BASED ON STRICT LIABILITY AND INCLUDING DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES (WHETHER IN TORT, CONTRACT OR OTHERWISE) ARISING OUT OF ANY PERSON’S (OTHER THAN THE RELEVANT INDEMNITEE’S OR OTHER PARTY’S OR THEIR RESPECTIVE RELATED PARTIES’) TRANSMISSION OF COMMUNICATIONS THROUGH THE INTERNET, EXCEPT TO THE EXTENT THE LIABILITY OF ANY SUCH PERSON IS FOUND BY A FINAL AND NON-APPEALABLE JUDGMENT OF A COURT OF COMPETENT JURISDICTION TO HAVE RESULTED FROM SUCH PERSON’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OR MATERIAL BREACH OF THIS AGREEMENT.

The Platform. The Administrative Borrower hereby acknowledges that (ai) the Administrative Agent will and/or the Arranger may, but shall not be obligated to, make available to the Lenders and the Issuing Banks materials and/or information provided by, by or on behalf of, the Administrative of such Borrower hereunder (collectively, the “Borrower Materials”) by posting the Borrower Materials on DebtDomain, IntraLinks, Syndtrak, ClearPar Syndtrak or another similar electronic system (the “Platform”) and (bii) certain of the Lenders may be “public-side” Lenders (i.e., Lenders that do not wish to receive material nonpublic information within the meaning of the United States federal securities laws with respect to the Administrative Borrower or its securities) (each, a “Public Lender”). At ) may have personnel who do not wish to receive material non-public information with respect to the request Borrower or its Affiliates, or the respective securities of any of the Administrative Agentforegoing, the Administrative and who may be engaged in investment and other market-related activities with respect to such Persons’ securities. Borrower hereby agrees that (iA) it will use its reasonable efforts to cause all Borrower Materials that are to be made available to Public Lenders shall be clearly and conspicuously marked “PUBLIC”” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (iiB) by marking Borrower Materials “PUBLIC,” the Administrative Borrower shall be deemed to have authorized the Administrative Agent Agent, the Arranger and the Lenders to treat such Borrower Materials as not containing any material non-public information of a type that is publicly available or is not material with respect to the Administrative Borrower, Borrower or its subsidiaries, any of their respective securities or the Transactions as determined in good faith by the Administrative Borrower for purposes of the United States federal Federal and state securities laws (provided, however, that to the extent such Borrower Materials constitute Information, they shall be treated as set forth in Section 11.07); (C) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated “Public Side Information;” and (iiiD) the Administrative Agent and the Arranger shall be required entitled to treat any Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform not marked as designated “Public InvestorSide Information”. THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” Notwithstanding the foregoingTHE AGENT PARTIES (AS DEFINED BELOW) DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE BORROWER MATERIALS OR THE ADEQUACY OF THE PLATFORM, the following Borrower Materials AND EXPRESSLY DISCLAIM LIABILITY FOR ERRORS IN OR OMISSIONS FROM THE BORROWER MATERIALS. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS, IS MADE BY ANY AGENT PARTY IN CONNECTION WITH THE BORROWER MATERIALS OR THE PLATFORM. In no event shall be deemed to be marked “PUBLIC,” unless the Administrative Borrower notifies the Administrative Agent promptly that or any of its Related Parties (collectively, the “Agent Parties”) have any liability to the Borrower, any Lender or any other Person for losses, claims, damages, liabilities or expenses of any kind (whether in tort, contract or otherwise) arising out of the Borrower’s or the Administrative Agent’s transmission of Borrower Materials or notices through the Platform, any other electronic platform or messaging service, or through the Internet, except to the extent any such document contains material nonpublic information (it being understood that losses, claims, damages, liabilities or expenses arising out of the Administrative Borrower shall have a reasonable opportunity to review gross negligence or willful misconduct of the same prior to distribution and comply with SEC or other applicable disclosure obligations): (1) the Loan Documents, (2) any amendment to any Loan Document and (3) any information delivered pursuant to Section 5.01(a) or (b)Agent Parties. Each Public Lender agrees to cause at least one individual at or on behalf of such Public Lender to at all times have selected the “Private Side Information” or similar designation on the content declaration screen of the Platform in order to enable such Public Lender or its delegate, in accordance with such Public Lender’s compliance procedures and applicable lawApplicable Law, including United States Federal and state securities lawsLaws, to make reference to communications Borrower Materials that are not made available through the “Public Side Information” portion of the Platform and that may contain material non-public information with respect to the Administrative Borrower or its securities for purposes of United States Federal or state securities laws. THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLELaws.” NEITHER THE ADMINISTRATIVE AGENT NOR ANY OF ITS RELATED PARTIES (COLLECTIVELY, THE “AGENT PARTIES”) WARRANTS THE ACCURACY OR COMPLETENESS OF THE COMMUNICATIONS ON, OR THE ADEQUACY OF, THE PLATFORM, AND EACH EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN ANY SUCH COMMUNICATION. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD-PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS IS MADE BY THE AGENT PARTIES IN CONNECTION WITH THE COMMUNICATIONS OR THE PLATFORM. IN NO EVENT SHALL ANY INDEMNITEE OR ANY OTHER PARTY HERETO REFERRED TO IN SECTION 9.03(b) HAVE ANY LIABILITY TO ANY OTHER PARTY HERETO OR ANY OTHER PERSON FOR DAMAGES OF ANY KIND, WHETHER OR NOT BASED ON STRICT LIABILITY AND INCLUDING DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES (WHETHER IN TORT, CONTRACT OR OTHERWISE) ARISING OUT OF ANY PERSON’S (OTHER THAN THE RELEVANT INDEMNITEE’S OR OTHER PARTY’S OR THEIR RESPECTIVE RELATED PARTIES’) TRANSMISSION OF COMMUNICATIONS THROUGH THE INTERNET, EXCEPT TO THE EXTENT THE LIABILITY OF ANY SUCH PERSON IS FOUND BY A FINAL AND NON-APPEALABLE JUDGMENT OF A COURT OF COMPETENT JURISDICTION TO HAVE RESULTED FROM SUCH PERSON’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OR MATERIAL BREACH OF THIS AGREEMENT.

The Platform. The Administrative Borrower hereby acknowledges that (a) the Administrative Agent will make available to the Lenders and the Issuing Banks materials and/or information provided by, or on behalf of, of the Administrative Borrower hereunder (collectively, the “Borrower Materials”) by posting the Borrower Materials on IntraLinks, Syndtrak, ClearPar or another similar electronic system (the “Platform”) and (b) certain of the Lenders may be “public-side” Lenders (i.e., Lenders that do not wish to receive material nonpublic information within the meaning of the United States federal securities laws with respect to the Administrative Borrower or its securities) (each, a “Public Lender”). At the request of the Administrative Agent, each of the Administrative Borrower hereby agrees that (i) all Borrower Materials that are to be made available to Public Lenders shall be clearly and conspicuously marked “PUBLIC”, (ii) by marking Borrower Materials “PUBLIC,” the Administrative Borrower shall be deemed to have authorized the Administrative Agent and the Lenders to treat such the Borrower Materials as information of a type that is would (A) customarily be made publicly available available, as determined in good faith by the Borrower, if the Borrower were to become public reporting companies or is (B) would not be material with respect to the Administrative Borrower, its subsidiariesSubsidiaries, any of their respective its securities or the Transactions as determined in good faith by the Administrative Borrower for purposes of the United States federal securities laws and (iii) the Administrative Agent shall be required to treat Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform not marked as “Public Investor.” Notwithstanding the foregoing, the following Borrower Materials shall be deemed to be marked “PUBLIC,” unless the Administrative Borrower notifies the Administrative Agent promptly that any such document contains material nonpublic information (it being understood that the Administrative Borrower shall have a reasonable opportunity to review the same prior to distribution and comply with SEC or other applicable disclosure obligations): (1) the Loan Documents, (2) any amendment to any Loan Document and (3) any information delivered pursuant to Section 5.01(a) or (b5.01(b). Each Public Lender agrees to cause at least one individual at or on behalf of such Public Lender to at all times have selected the “Private Side Information” or similar designation on the content declaration screen of the Platform in order to enable such Public Lender or its delegate, in accordance with such Public Lender’s compliance procedures and applicable law, including United States Federal and state securities laws, to make reference to communications that are not made available through the “Public Side Information” portion of the Platform and that may contain material non-public information with respect to the Administrative Borrower or its securities for purposes of United States Federal or state securities laws. THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” NEITHER THE ADMINISTRATIVE AGENT NOR ANY OF ITS RELATED PARTIES (COLLECTIVELY, THE “AGENT PARTIES”) WARRANTS THE ACCURACY OR COMPLETENESS OF THE COMMUNICATIONS ON, OR THE ADEQUACY OF, THE PLATFORM, AND EACH EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN ANY SUCH COMMUNICATION. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD-PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS IS MADE BY THE AGENT PARTIES IN CONNECTION WITH THE COMMUNICATIONS OR THE PLATFORM. IN NO EVENT SHALL ANY INDEMNITEE OR ANY OTHER AGENT PARTY HERETO REFERRED TO IN SECTION 9.03(b) HAVE ANY LIABILITY TO ANY OTHER PARTY HERETO OR ANY OTHER PERSON FOR DAMAGES OF ANY KIND, WHETHER OR NOT BASED ON STRICT LIABILITY AND INCLUDING DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES (WHETHER IN TORT, CONTRACT OR OTHERWISE) ARISING OUT OF ANY PERSON’S (OTHER THAN THE RELEVANT INDEMNITEE’S OR OTHER LOAN PARTY’S OR THEIR RESPECTIVE RELATED PARTIES’) THE ADMINISTRATIVE AGENT’S TRANSMISSION OF COMMUNICATIONS THROUGH THE INTERNET, EXCEPT TO THE EXTENT THE LIABILITY OF ANY SUCH PERSON IS FOUND BY IN A FINAL AND NON-APPEALABLE JUDGMENT OF RULING BY A COURT OF COMPETENT JURISDICTION TO HAVE RESULTED FROM SUCH PERSON’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OR MATERIAL BREACH OF THIS AGREEMENT.

The Platform. The Administrative Borrower hereby acknowledges that (ai) the Administrative Agent will and/or the Arranger may, but shall not be obligated to, make available to the Lenders and the Issuing Banks materials and/or information provided by, by or on behalf of, the Administrative of such Borrower hereunder (collectively, the “Borrower Materials”) by posting the Borrower Materials on DebtDomain, IntraLinks, Syndtrak, ClearPar Syndtrak or another similar electronic system (the “Platform”) and (bii) certain of the Lenders may be “public-side” Lenders (i.e., Lenders that do not wish to receive material nonpublic information within the meaning of the United States federal securities laws with respect to the Administrative Borrower or its securities) (each, a “Public Lender”). At ) may have personnel who do not wish to receive material non-public information with respect to Borrower or its Affiliates, or the request respective securities of any of the Administrative Agentforegoing, the Administrative and who may be engaged in investment and other market-related activities with respect to such Persons’ securities. Borrower hereby agrees that (i) all Borrower Materials that are to be made available to Public Lenders shall be clearly and conspicuously marked “PUBLIC”, (iiA) by marking any Borrower Materials “PUBLIC,” the Administrative Borrower shall be deemed to have authorized the Administrative Agent Agent, the Arranger and the Lenders to treat such Borrower Materials as not containing any material non-public information of a type that is publicly available or is not material with respect to the Administrative Borrower, Borrower or its subsidiaries, any of their respective securities or the Transactions as determined in good faith by the Administrative Borrower for purposes of the United States federal Federal and state securities laws (provided, however, that to the extent such Borrower Materials constitute Information, they shall be treated as set forth in Section 11.07); (B) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated “Public Side Information;” and (iiiC) the Administrative Agent and the Arranger shall be required entitled to treat any Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform not marked as designated “Public InvestorSide Information”. THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” Notwithstanding the foregoingTHE AGENT PARTIES (AS DEFINED BELOW) DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE BORROWER MATERIALS OR THE ADEQUACY OF THE PLATFORM, the following Borrower Materials AND EXPRESSLY DISCLAIM LIABILITY FOR ERRORS IN OR OMISSIONS FROM THE BORROWER MATERIALS. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS, IS MADE BY ANY AGENT PARTY IN CONNECTION WITH THE BORROWER MATERIALS OR THE PLATFORM. In no event shall be deemed to be marked “PUBLIC,” unless the Administrative Borrower notifies the Administrative Agent promptly that or any of its Related Parties (collectively, the “Agent Parties”) have any liability to the Borrower, any Lender or any other Person for losses, claims, damages, liabilities or expenses of any kind (whether in tort, contract or otherwise) arising out of the Borrower’s or the Administrative Agent’s transmission of Borrower Materials or notices through the Platform, any other electronic platform or messaging service, or through the Internet, except to the extent any such document contains material nonpublic information (it being understood that losses, claims, damages, liabilities or expenses arising out of the Administrative Borrower shall have a reasonable opportunity to review gross negligence or willful misconduct of the same prior to distribution and comply with SEC or other applicable disclosure obligations): (1) the Loan Documents, (2) any amendment to any Loan Document and (3) any information delivered pursuant to Section 5.01(a) or (b)Agent Parties. Each Public Lender agrees to cause at least one individual at or on behalf of such Public Lender to at all times have selected the “Private Side Information” or similar designation on the content declaration screen of the Platform in order to enable such Public Lender or its delegate, in accordance with such Public Lender’s compliance procedures and applicable lawApplicable Law, including United States Federal and state securities lawsLaws, to make reference to communications Borrower Materials that are not made available through the “Public Side Information” portion of the Platform and that may contain material non-public information with respect to the Administrative Borrower or its securities for purposes of United States Federal or state securities laws. THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLELaws.” NEITHER THE ADMINISTRATIVE AGENT NOR ANY OF ITS RELATED PARTIES (COLLECTIVELY, THE “AGENT PARTIES”) WARRANTS THE ACCURACY OR COMPLETENESS OF THE COMMUNICATIONS ON, OR THE ADEQUACY OF, THE PLATFORM, AND EACH EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN ANY SUCH COMMUNICATION. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD-PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS IS MADE BY THE AGENT PARTIES IN CONNECTION WITH THE COMMUNICATIONS OR THE PLATFORM. IN NO EVENT SHALL ANY INDEMNITEE OR ANY OTHER PARTY HERETO REFERRED TO IN SECTION 9.03(b) HAVE ANY LIABILITY TO ANY OTHER PARTY HERETO OR ANY OTHER PERSON FOR DAMAGES OF ANY KIND, WHETHER OR NOT BASED ON STRICT LIABILITY AND INCLUDING DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES (WHETHER IN TORT, CONTRACT OR OTHERWISE) ARISING OUT OF ANY PERSON’S (OTHER THAN THE RELEVANT INDEMNITEE’S OR OTHER PARTY’S OR THEIR RESPECTIVE RELATED PARTIES’) TRANSMISSION OF COMMUNICATIONS THROUGH THE INTERNET, EXCEPT TO THE EXTENT THE LIABILITY OF ANY SUCH PERSON IS FOUND BY A FINAL AND NON-APPEALABLE JUDGMENT OF A COURT OF COMPETENT JURISDICTION TO HAVE RESULTED FROM SUCH PERSON’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OR MATERIAL BREACH OF THIS AGREEMENT.

The Platform. The Administrative Borrower Company hereby acknowledges that (ai) the Administrative Agent and/or the Arrangers will make available to the Lenders and the Issuing Banks materials and/or information provided by, by or on behalf of, of the Administrative Borrower Company hereunder (collectively, the “Borrower "Company Materials”") by posting the Borrower Company Materials on IntraLinks, Syndtrak, ClearPar IntraLinks or another similar electronic system (the “"Platform”") and (bii) certain of the Lenders may be “"public-side” " Lenders (i.e., Lenders that do not wish to receive material nonpublic non-public information within the meaning of the United States federal securities laws with respect to the Administrative Borrower Company or its securities) (each, a “"Public Lender”"). At the request of the Administrative Agent, the Administrative Borrower The Company hereby agrees that so long as the Company is the issuer of any outstanding debt or equity securities that are registered or issued pursuant to a private offering or is actively contemplating issuing any such securities (iA) all Borrower Company Materials that are to be made available to Public Lenders shall be clearly and conspicuously marked “"PUBLIC”" which, at a minimum, shall mean that the word "PUBLIC" shall appear prominently on the first page thereof; (iiB) by marking Borrower Company Materials “"PUBLIC,” ", the Administrative Borrower Company shall be deemed to have authorized the Administrative Agent Agent, the Arrangers and the Lenders to treat such Borrower Company Materials as not containing any material non-public information of a type that is publicly available or is not material with respect to the Administrative Borrower, Company or its subsidiaries, any of their respective securities or the Transactions as determined in good faith by the Administrative Borrower for purposes of the United States federal Federal and state securities laws (provided, however, that to the extent such Company Materials constitute Information, they shall be treated as set forth in Section 8.15); (C) all Company Materials marked "PUBLIC" are permitted to be made available through a portion of the Platform designated "Public Investor"; and (iiiD) the Administrative Agent and the Arrangers shall be required entitled to treat Borrower any Company Materials that are not marked “"PUBLIC” " as being suitable only for posting on a portion of the Platform not marked as “designated "Public Investor.” " Notwithstanding the foregoing, the following Borrower Materials Company shall be deemed under no obligation to be marked “mark any Company Materials "PUBLIC,” unless the Administrative Borrower notifies the Administrative Agent promptly that any such document contains material nonpublic information (it being understood that the Administrative Borrower shall have a reasonable opportunity to review the same prior to distribution and comply with SEC or other applicable disclosure obligations): (1) the Loan Documents, (2) any amendment to any Loan Document and (3) any information delivered pursuant to Section 5.01(a) or (b). Each Public Lender agrees to cause at least one individual at or on behalf of such Public Lender to at all times have selected the “Private Side Information” or similar designation on the content declaration screen of the Platform in order to enable such Public Lender or its delegate, in accordance with such Public Lender’s compliance procedures and applicable law, including United States Federal and state securities laws, to make reference to communications that are not made available through the “Public Side Information” portion of the Platform and that may contain material non-public information with respect to the Administrative Borrower its securities for purposes of United States Federal or state securities laws". THE PLATFORM IS PROVIDED “▇▇▇▇IDED "AS IS” " AND “"AS AVAILABLE.” NEITHER " THE ADMINISTRATIVE AGENT NOR ANY OF ITS RELATED PARTIES (COLLECTIVELY, THE “AGENT PARTIES”AS DEFINED BELOW) WARRANTS DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE COMMUNICATIONS ON, COMPANY MATERIALS OR THE ADEQUACY OF, OF THE PLATFORM, AND EACH EXPRESSLY DISCLAIMS DISCLAIM LIABILITY FOR ERRORS IN OR OMISSIONS IN ANY SUCH COMMUNICATIONFROM THE COMPANY MATERIALS. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT NON-INFRINGEMENT OF THIRD-THIRD PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS DEFECTS, IS MADE BY THE ANY AGENT PARTIES PARTY IN CONNECTION WITH THE COMMUNICATIONS COMPANY MATERIALS OR THE PLATFORM. IN NO EVENT SHALL ANY INDEMNITEE OR ANY OTHER PARTY HERETO REFERRED TO IN SECTION 9.03(bIn no event shall the Administrative Agent or any of its Related Parties (collectively, the "Agent Parties") HAVE ANY LIABILITY TO ANY OTHER PARTY HERETO OR ANY OTHER PERSON FOR DAMAGES OF ANY KINDhave any liability to the Company, WHETHER OR NOT BASED ON STRICT LIABILITY AND INCLUDING DIRECT OR INDIRECTany Lender or any other Person for losses, SPECIALclaims, INCIDENTAL OR CONSEQUENTIAL DAMAGESdamages, LOSSES OR EXPENSES liabilities or expenses of any kind (WHETHER IN TORTwhether in tort, CONTRACT OR OTHERWISEcontract or otherwise) ARISING OUT OF ANY PERSON’S arising out of the Company's or the Administrative Agent's transmission of Company Materials through the Internet, except to the extent that such losses, claims, damages, liabilities or expenses are determined by a court of competent jurisdiction by a final and nonappealable judgment to have resulted from the gross negligence or willful misconduct of such Agent Party; provided, however, that in no event shall any Agent Party have any liability to the Company, any Lender or any other Person for indirect, special, incidental, consequential or punitive damages (OTHER THAN THE RELEVANT INDEMNITEE’S OR OTHER PARTY’S OR THEIR RESPECTIVE RELATED PARTIES’) TRANSMISSION OF COMMUNICATIONS THROUGH THE INTERNET, EXCEPT TO THE EXTENT THE LIABILITY OF ANY SUCH PERSON IS FOUND BY A FINAL AND NON-APPEALABLE JUDGMENT OF A COURT OF COMPETENT JURISDICTION TO HAVE RESULTED FROM SUCH PERSON’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OR MATERIAL BREACH OF THIS AGREEMENTas opposed to direct or actual damages).

The Platform. The Administrative Borrower hereby (i) Each Loan Party acknowledges and agrees that (aA) the Administrative Agent will and/or the Arranger may, but shall not be obligated to, make available to the Lenders and the Issuing Banks materials and/or information provided by, by or on behalf of, the Administrative of Borrower or any other Loan Party hereunder (collectively, the “Borrower Materials”) available to the L/C Issuer and the other Lenders by posting the Borrower Materials Communications on IntraLinksDebt Domain, Debt Exchange (DebtX), Intralinks, Syndtrak, ClearPar ClearPar, or another a substantially similar electronic transmission system (the “Platform”) ), and (bB) that certain of the Lenders may be “public-side” Lenders (i.e., Lenders that do not wish to receive material nonpublic information within the meaning of the United States federal securities laws with respect to the Administrative Borrower or its securities) (each, a “Public Lender”). At ) may have personnel who do not wish to receive material non‑public information with respect to Borrower or its Affiliates or the request respective securities of any of the Administrative Agentforegoing, the Administrative and who may be engaged in investment and other market‑related activities with respect to such Persons’ securities. Borrower hereby agrees that (iw) all Borrower Materials that are to be made available to Public Lenders shall be clearly and conspicuously marked “PUBLIC”” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (iix) by marking Borrower Materials “PUBLIC,” the Administrative Borrower shall be deemed to have WEST\275206959.13 authorized Administrative Agent, the Administrative Agent Arranger, the L/C Issuer and the Lenders to treat such Borrower Materials as not containing any material non‑public information of a type that is publicly available or is not material with respect to the Administrative Borrower, Borrower or its subsidiaries, any of their respective securities or the Transactions as determined in good faith by the Administrative Borrower for purposes of the United States federal Federal and state securities laws (provided, however, that to the extent such Borrower Materials constitute Information, they shall be treated as set forth in Section 11.07); (y) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform that is designated “Public Side Information;” and (iiiz) the Administrative Agent and the Arranger shall be required entitled to treat any Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform not marked as “Public Investor.” Notwithstanding the foregoing, the following Borrower Materials shall be deemed to be marked “PUBLIC,” unless the Administrative Borrower notifies the Administrative Agent promptly that any such document contains material nonpublic information (it being understood that the Administrative Borrower shall have a reasonable opportunity to review the same prior to distribution and comply with SEC or other applicable disclosure obligations): (1) the Loan Documents, (2) any amendment to any Loan Document and (3) any information delivered pursuant to Section 5.01(a) or (b). Each Public Lender agrees to cause at least one individual at or on behalf of such Public Lender to at all times have selected the “Private Side Information” or similar designation on the content declaration screen of the Platform in order to enable such Public Lender or its delegate, in accordance with such Public Lender’s compliance procedures and applicable law, including United States Federal and state securities laws, to make reference to communications that are not made available through the designated “Public Side Information” portion of the Platform and that may contain material non-public information with respect to the Administrative Borrower its securities for purposes of United States Federal or state securities laws. .. (ii) THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” NEITHER THE ADMINISTRATIVE AGENT NOR ANY OF ITS RELATED PARTIES (COLLECTIVELY, THE “AGENT PARTIES”AS DEFINED BELOW) WARRANTS DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE COMMUNICATIONS ON, BORROWER MATERIALS OR THE ADEQUACY OF, OF THE PLATFORM, AND EACH EXPRESSLY DISCLAIMS DISCLAIM LIABILITY FOR ERRORS IN OR OMISSIONS IN ANY SUCH COMMUNICATIONFROM BORROWER MATERIALS. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT NON‑INFRINGEMENT OF THIRD-THIRD PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS DEFECTS, IS MADE BY THE ANY ADMINISTRATIVE AGENT PARTIES PARTY IN CONNECTION WITH THE COMMUNICATIONS BORROWER MATERIALS OR THE PLATFORM. IN NO EVENT SHALL ANY INDEMNITEE OR ANY OTHER PARTY HERETO REFERRED TO IN SECTION 9.03(bIn no event shall Administrative Agent or any of its Related Parties (collectively, the “Administrative Agent Parties”) HAVE ANY LIABILITY TO ANY OTHER PARTY HERETO OR ANY OTHER PERSON FOR DAMAGES OF ANY KINDhave any liability to Borrower, WHETHER OR NOT BASED ON STRICT LIABILITY AND INCLUDING DIRECT OR INDIRECTany other Loan Party, SPECIALany Lender, INCIDENTAL OR CONSEQUENTIAL DAMAGESthe L/C Issuer or any other Person for losses, LOSSES OR EXPENSES claims, damages, liabilities or expenses of any kind, including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses (WHETHER IN TORTwhether in tort, CONTRACT OR OTHERWISEcontract or otherwise) ARISING OUT OF ANY PERSON’S (OTHER THAN THE RELEVANT INDEMNITEE’S OR OTHER PARTY’S OR THEIR RESPECTIVE RELATED PARTIES’) TRANSMISSION OF COMMUNICATIONS THROUGH THE INTERNETarising out of Borrower’s, EXCEPT TO THE EXTENT THE LIABILITY OF ANY SUCH PERSON IS FOUND BY A FINAL AND NON-APPEALABLE JUDGMENT OF A COURT OF COMPETENT JURISDICTION TO HAVE RESULTED FROM SUCH PERSON’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OR MATERIAL BREACH OF THIS AGREEMENTany Loan Party’s or Administrative Agent’s transmission of Borrower Materials or notices through the Internet, the Platform or any other electronic platform or electronic messaging service. “Communications” means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of any Loan Party pursuant to any Loan Document or the transactions contemplated therein which is distributed to Administrative Agent, any Lender or any L/C Issuer by means of electronic communications pursuant to this Section, including through the Platform.

The Platform. The Administrative Borrower Borrowers hereby acknowledges acknowledge that (ai) the Administrative Agent will make available to the Lenders and the Issuing Banks each Letter of Credit Issuer materials and/or information provided by, by or on behalf of, of the Administrative Borrower Borrowers hereunder (collectively, the “Borrower Materials”) by posting the Borrower Materials on IntraLinks, Syndtrak, ClearPar IntraLinks or another similar electronic system (the “Platform”) and (bii) certain of the Lenders may be “public-side” Lenders (i.e., Lenders that do not wish to receive material nonpublic information within the meaning of the United States federal securities laws with respect to the Administrative Borrower or its securities) (each, a “Public Lender”). At ) may have personnel who do not wish to receive material non-public information with respect to the request Borrowers or their Affiliates, or the respective securities of any of the Administrative Agentforegoing, and who may be engaged in investment and other market-related activities with respect to such Persons’ securities. The Borrowers hereby agree that they will use commercially reasonable efforts to identify that portion of the Administrative Borrower hereby agrees that (i) all Borrower Materials that are may be distributed to be made available to the Public Lenders and that (1) all such Borrower Materials shall be clearly and conspicuously marked “PUBLIC”” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (ii2) by marking Borrower Materials “PUBLIC,” the Administrative Borrower Borrowers shall be deemed to have authorized the Administrative Agent Agent, each Letter of Credit Issuer and the Lenders to treat such Borrower Materials as not containing any material non-public information of a type that is publicly available or is not material (although it may be sensitive and proprietary) with respect to the Administrative Borrower, its subsidiaries, any of Borrowers or their respective securities or the Transactions as determined in good faith by the Administrative Borrower for purposes of the United States federal and state securities laws laws; (3) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated “Public Side Information;” and (iii4) the Administrative Agent shall be required entitled to treat any Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform not marked as “Public Investor.” Notwithstanding the foregoing, the following Borrower Materials shall be deemed to be marked “PUBLIC,” unless the Administrative Borrower notifies the Administrative Agent promptly that any such document contains material nonpublic information (it being understood that the Administrative Borrower shall have a reasonable opportunity to review the same prior to distribution and comply with SEC or other applicable disclosure obligations): (1) the Loan Documents, (2) any amendment to any Loan Document and (3) any information delivered pursuant to Section 5.01(a) or (b). Each Public Lender agrees to cause at least one individual at or on behalf of such Public Lender to at all times have selected the “Private Side Information” or similar designation on the content declaration screen of the Platform in order to enable such Public Lender or its delegate, in accordance with such Public Lender’s compliance procedures and applicable law, including United States Federal and state securities laws, to make reference to communications that are not made available through the designated “Public Side Information.” portion of the Platform and that may contain material non-public information with respect to the Administrative Borrower its securities for purposes of United States Federal or state securities laws. THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” NEITHER THE ADMINISTRATIVE AGENT NOR ANY OF ITS RELATED PARTIES (COLLECTIVELY, THE “AGENT PARTIES”AS DEFINED BELOW) WARRANTS DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE COMMUNICATIONS ON, BORROWER MATERIALS OR THE ADEQUACY OF, OF THE PLATFORM, AND EACH EXPRESSLY DISCLAIMS DISCLAIM LIABILITY FOR ERRORS IN OR OMISSIONS IN ANY SUCH COMMUNICATIONFROM THE BORROWER MATERIALS. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT NON-INFRINGEMENT OF THIRD-THIRD PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS DEFECTS, IS MADE BY THE ANY AGENT PARTIES PARTY IN CONNECTION WITH THE COMMUNICATIONS BORROWER MATERIALS OR THE PLATFORM. IN NO EVENT SHALL ANY INDEMNITEE OR ANY OTHER PARTY HERETO REFERRED TO IN SECTION 9.03(bIn no event shall the Administrative Agent or any of its Affiliates and the partners, directors, officers, employees, agents, trustees and advisors of such Person and of such Person’s Affiliates (collectively, the “Agent Parties”) HAVE ANY LIABILITY TO ANY OTHER PARTY HERETO OR ANY OTHER PERSON FOR DAMAGES OF ANY KINDhave any liability to the Borrowers, WHETHER OR NOT BASED ON STRICT LIABILITY AND INCLUDING DIRECT OR INDIRECTany Lender, SPECIALeach Letter of Credit Issuer or any other Person for losses, INCIDENTAL OR CONSEQUENTIAL DAMAGESclaims, LOSSES OR EXPENSES damages, liabilities or expenses of any kind (WHETHER IN TORTwhether in tort, CONTRACT OR OTHERWISEcontract or otherwise) ARISING OUT OF ANY PERSON’S arising out of the Borrowers’ or the Administrative Agent’s transmission of materials and/or information provided by or on behalf of the Borrowers under the Credit Documents through the Internet, except to the extent that such losses, claims, damages, liabilities or expenses are determined by a court of competent jurisdiction by a final and nonappealable judgment to have resulted from the gross negligence or willful misconduct of such Agent Party; provided, however, that in no event shall any Agent Party have any liability to any Borrower, any Lender, each Letter of Credit Issuer or any other Person for indirect, special, incidental, consequential or punitive damages (OTHER THAN THE RELEVANT INDEMNITEE’S OR OTHER PARTY’S OR THEIR RESPECTIVE RELATED PARTIES’) TRANSMISSION OF COMMUNICATIONS THROUGH THE INTERNET, EXCEPT TO THE EXTENT THE LIABILITY OF ANY SUCH PERSON IS FOUND BY A FINAL AND NON-APPEALABLE JUDGMENT OF A COURT OF COMPETENT JURISDICTION TO HAVE RESULTED FROM SUCH PERSON’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OR MATERIAL BREACH OF THIS AGREEMENTas opposed to direct or actual damages).

The Platform. The Administrative Parent and the Borrower hereby acknowledges acknowledge that (ai) the Administrative Agent will make available to the Lenders and the Issuing Banks materials and/or information provided by, by or on behalf of, of the Administrative Parent or the Borrower hereunder (collectively, the “Borrower Materials”) by posting the Borrower Materials on IntraLinks, Syndtrak, ClearPar IntraLinks or another similar electronic system (the “Platform”) and (bii) certain of the Lenders may be “public-side” Lenders (i.e., Lenders that do not wish to receive material nonpublic information within the meaning of the United States federal securities laws with respect to the Administrative Borrower or its securities) (each, a “Public Lender”). At ) may have personnel who do not wish to receive material non-public information with respect to the request Borrower or its Affiliates, or the respective securities of any of the Administrative Agentforegoing, the Administrative and who may be engaged in investment and other market-related activities with respect to such Persons’ securities. The Borrower hereby agrees that (i) all it will identify that portion of the Borrower Materials that are to be made available distributed to the Public Lenders and that (1) all such Borrower Materials shall be clearly and conspicuously marked “PUBLIC”” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (ii2) by marking Borrower Materials “PUBLIC,” the Administrative Borrower shall be deemed to have authorized the Administrative Agent and the Lenders to treat such Borrower Materials as not containing any material non-public information of a type that is publicly available or is not material with respect to the Administrative Borrower, Borrower or its subsidiaries, any of their respective securities or the Transactions as determined in good faith by the Administrative Borrower for purposes of the United States federal and state securities laws laws; (3) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated “Public Side Information;” and (iii4) the Administrative Agent shall be required entitled to treat any Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform not marked as “Public Investor.” Notwithstanding the foregoing, the following Borrower Materials shall be deemed to be marked “PUBLIC,” unless the Administrative Borrower notifies the Administrative Agent promptly that any such document contains material nonpublic information (it being understood that the Administrative Borrower shall have a reasonable opportunity to review the same prior to distribution and comply with SEC or other applicable disclosure obligations): (1) the Loan Documents, (2) any amendment to any Loan Document and (3) any information delivered pursuant to Section 5.01(a) or (b). Each Public Lender agrees to cause at least one individual at or on behalf of such Public Lender to at all times have selected the “Private Side Information” or similar designation on the content declaration screen of the Platform in order to enable such Public Lender or its delegate, in accordance with such Public Lender’s compliance procedures and applicable law, including United States Federal and state securities laws, to make reference to communications that are not made available through the designated “Public Side Information.” portion of the Platform and that may contain material non-public information with respect to the Administrative Borrower its securities for purposes of United States Federal or state securities laws. THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” NEITHER THE ADMINISTRATIVE AGENT NOR ANY OF ITS RELATED PARTIES (COLLECTIVELY, THE “AGENT PARTIES”AS DEFINED BELOW) WARRANTS DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE COMMUNICATIONS ON, BORROWER MATERIALS OR THE ADEQUACY OF, OF THE PLATFORM, AND EACH EXPRESSLY DISCLAIMS DISCLAIM LIABILITY FOR ERRORS IN OR OMISSIONS IN ANY SUCH COMMUNICATIONFROM BORROWER MATERIALS. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT NON-INFRINGEMENT OF THIRD-THIRD PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS DEFECTS, IS MADE BY THE ANY AGENT PARTIES PARTY IN CONNECTION WITH THE COMMUNICATIONS BORROWER MATERIALS OR THE PLATFORM. IN NO EVENT SHALL ANY INDEMNITEE OR ANY OTHER PARTY HERETO REFERRED TO IN SECTION 9.03(bIn no event shall the Administrative Agent or any of its Affiliates and the partners, directors, officers, employees, agents, trustees and advisors of such Person and of such Person’s Affiliates (collectively, the “Agent Parties”) HAVE ANY LIABILITY TO ANY OTHER PARTY HERETO OR ANY OTHER PERSON FOR DAMAGES OF ANY KINDhave any liability to the Parent, WHETHER OR NOT BASED ON STRICT LIABILITY AND INCLUDING DIRECT OR INDIRECTthe Borrower, SPECIALany Lender or any other Person for losses, INCIDENTAL OR CONSEQUENTIAL DAMAGESclaims, LOSSES OR EXPENSES damages, liabilities or expenses of any kind (WHETHER IN TORTwhether in tort, CONTRACT OR OTHERWISEcontract or otherwise) ARISING OUT OF ANY PERSON’S arising out of the Parent’s, the Borrower’s or the Administrative Agent’s transmission of Borrower Materials through the Internet, except to the extent that such losses, claims, damages, liabilities or expenses are determined by a court of competent jurisdiction by a final and non-appealable judgment to have resulted from the gross negligence or willful misconduct of such Agent Party; provided, however, that in no event shall any Agent Party have any liability to the Parent or the Borrower, any Lender or any other Person for indirect, special, incidental, consequential or punitive damages (OTHER THAN THE RELEVANT INDEMNITEE’S OR OTHER PARTY’S OR THEIR RESPECTIVE RELATED PARTIES’) TRANSMISSION OF COMMUNICATIONS THROUGH THE INTERNET, EXCEPT TO THE EXTENT THE LIABILITY OF ANY SUCH PERSON IS FOUND BY A FINAL AND NON-APPEALABLE JUDGMENT OF A COURT OF COMPETENT JURISDICTION TO HAVE RESULTED FROM SUCH PERSON’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OR MATERIAL BREACH OF THIS AGREEMENTas opposed to direct or actual damages).

The Platform. The Administrative Borrower hereby acknowledges that (a) the Administrative Agent will make available to the Lenders and the Issuing Banks materials and/or information provided by, by or on behalf of, of the Administrative Borrower hereunder (collectively, the “Borrower Materials”) by posting the Borrower Materials on IntraLinks, Syndtrak, ClearPar Intralinks or another other similar electronic system (the “Platform”) and (b) certain of the Lenders (each a "Public Lender") may be “public-side” Lenders (i.e., Lenders that have personnel who do not wish to receive material nonpublic non-public information within the meaning of the United States federal securities laws with respect to the Administrative Borrower or its securities) (eachAffiliates, a “Public Lender”). At or the request respective securities of any of the Administrative Agentforegoing, the Administrative and who may be engaged in investment and other market-related activities with respect to such Persons' securities. The Borrower hereby agrees that so long as the Borrower is the issuer of any outstanding debt or equity securities that are registered or issued pursuant to a private offering or is actively contemplating issuing any such securities (iw) all Borrower Materials that are to be made available to Public Lenders shall be clearly and conspicuously marked “"PUBLIC”" which, at a minimum, shall mean that the word "PUBLIC" shall appear prominently on the first page thereof; (iix) by marking Borrower Materials “"PUBLIC,” " the Administrative Borrower shall be deemed to have authorized the Administrative Agent and the Lenders to treat such Borrower Materials as not containing any material non-public information of a type that is publicly available or is not material with respect to the Administrative Borrower, Borrower or its subsidiaries, any of their respective securities or the Transactions as determined in good faith by the Administrative Borrower for purposes of the United States federal and state securities laws laws; (y) all Borrower Materials marked "PUBLIC" are permitted to be made available through a portion of the Platform designated as "Public Side Information;" and (iiiz) the Administrative Agent shall be required entitled to treat any Borrower Materials that are not marked “"PUBLIC” " as being suitable only for posting on a portion of the Platform that is not marked as “"Public InvestorSide Information.” " Notwithstanding the foregoing, the following Borrower shall be under no obligation to m▇▇▇ any Borrower Materials shall be deemed to be marked “"PUBLIC,” unless the Administrative Borrower notifies the Administrative Agent promptly that any such document contains material nonpublic information (it being understood that the Administrative Borrower shall have a reasonable opportunity to review the same prior to distribution and comply with SEC or other applicable disclosure obligations): (1) the Loan Documents, (2) any amendment to any Loan Document and (3) any information delivered pursuant to Section 5.01(a) or (b). Each Public Lender agrees to cause at least one individual at or on behalf of such Public Lender to at all times have selected the “Private Side Information” or similar designation on the content declaration screen of the Platform in order to enable such Public Lender or its delegate, in accordance with such Public Lender’s compliance procedures and applicable law, including United States Federal and state securities laws, to make reference to communications that are not made available through the “Public Side Information” portion of the Platform and that may contain material non-public information with respect to the Administrative Borrower its securities for purposes of United States Federal or state securities laws. ." THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” NEITHER THE ADMINISTRATIVE AGENT NOR ANY OF ITS RELATED PARTIES (COLLECTIVELY, THE “AGENT PARTIES”AS DEFINED BELOW) WARRANTS DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE COMMUNICATIONS ON, BORROWER MATERIALS OR THE ADEQUACY OF, OF THE PLATFORM, AND EACH EXPRESSLY DISCLAIMS DISCLAIM LIABILITY FOR ERRORS IN OR OMISSIONS IN ANY SUCH COMMUNICATIONFROM THE BORROWER MATERIALS. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT NON-INFRINGEMENT OF THIRD-THIRD PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS DEFECTS, IS MADE BY THE ANY AGENT PARTIES PARTY IN CONNECTION WITH THE COMMUNICATIONS BORROWER MATERIALS OR THE PLATFORM. IN NO EVENT SHALL ANY INDEMNITEE OR ANY OTHER PARTY HERETO REFERRED TO IN SECTION 9.03(bIn no event shall the Administrative Agent or any of its Affiliates or the partners, directors, officers, employees, agents, trustees and advisors of the Administrative Agent or of its Affiliates (collectively, the “Agent Parties”) HAVE ANY LIABILITY TO ANY OTHER PARTY HERETO OR ANY OTHER PERSON FOR DAMAGES OF ANY KINDhave any liability to the Borrower, WHETHER OR NOT BASED ON STRICT LIABILITY AND INCLUDING DIRECT OR INDIRECTany Lender or any other Person for losses, SPECIALclaims, INCIDENTAL OR CONSEQUENTIAL DAMAGESdamages, LOSSES OR EXPENSES liabilities or expenses of any kind (WHETHER IN TORTwhether in tort, CONTRACT OR OTHERWISEcontract or otherwise) ARISING OUT OF ANY PERSON’S arising out of the Borrower's or the Administrative Agent’s transmission of Borrower Materials through the Internet, except to the extent that such losses, claims, damages, liabilities or expenses are determined by a court of competent jurisdiction by a final and nonappealable judgment to have resulted from the gross negligence or willful misconduct of such Agent Party; provided, however, that in no event shall any Agent Party have any liability to the Borrower, any Lender or any other Person for indirect, special, incidental, consequential or punitive damages (OTHER THAN THE RELEVANT INDEMNITEE’S OR OTHER PARTY’S OR THEIR RESPECTIVE RELATED PARTIES’) TRANSMISSION OF COMMUNICATIONS THROUGH THE INTERNET, EXCEPT TO THE EXTENT THE LIABILITY OF ANY SUCH PERSON IS FOUND BY A FINAL AND NON-APPEALABLE JUDGMENT OF A COURT OF COMPETENT JURISDICTION TO HAVE RESULTED FROM SUCH PERSON’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OR MATERIAL BREACH OF THIS AGREEMENTas opposed to direct or actual damages).

The Platform. The Administrative Borrower Borrowers hereby acknowledges that (ai) the Administrative Agent will make available to the Lenders and the Issuing Banks materials and/or information provided by, by or on behalf of, of the Administrative Borrower Borrowers hereunder (collectively, the “Borrower Materials”) by posting the Borrower Borrowers Materials on IntraLinks, Syndtrak, ClearPar IntraLinks or another similar electronic system (the “Platform”) and (bii) certain of the Lenders may be “public-side” Lenders (i.e., Lenders that do not wish to receive material nonpublic information within the meaning of the United States federal securities laws with respect to the Administrative Borrower or its securities) (each, a “Public Lender”). At ) may have personnel who do not wish to receive material non-public information with respect to the request Borrowers or their Affiliates, or the respective securities of any of the Administrative Agentforegoing, and who may be engaged in investment and other market-related activities with respect to such Persons’ securities. The Borrowers hereby agree that they will use commercially reasonable efforts to identify that portion of the Administrative Borrower hereby agrees that (i) all Borrower Materials that are may be distributed to be made available to the Public Lenders and that (1) all such Borrower Materials shall be clearly and conspicuously marked “PUBLIC”” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (ii2) by marking Borrower Materials “PUBLIC,” the Administrative Borrower Borrowers shall be deemed to have authorized the Administrative Agent and the Lenders to treat such Borrower Materials as not containing any material non-public information of a type that is publicly available or is not material (although it may be sensitive and proprietary) with respect to the Administrative Borrower, its subsidiaries, any of Borrowers or their respective securities or the Transactions as determined in good faith by the Administrative Borrower for purposes of the United States federal and state securities laws laws; (3) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated “Public Side Information”; and (iii4) the Administrative Agent shall be required entitled to treat any Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform not marked as “Public Investor.” Notwithstanding the foregoing, the following Borrower Materials shall be deemed to be marked “PUBLIC,” unless the Administrative Borrower notifies the Administrative Agent promptly that any such document contains material nonpublic information (it being understood that the Administrative Borrower shall have a reasonable opportunity to review the same prior to distribution and comply with SEC or other applicable disclosure obligations): (1) the Loan Documents, (2) any amendment to any Loan Document and (3) any information delivered pursuant to Section 5.01(a) or (b). Each Public Lender agrees to cause at least one individual at or on behalf of such Public Lender to at all times have selected the “Private Side Information” or similar designation on the content declaration screen of the Platform in order to enable such Public Lender or its delegate, in accordance with such Public Lender’s compliance procedures and applicable law, including United States Federal and state securities laws, to make reference to communications that are not made available through the designated “Public Side Information.” portion of the Platform and that may contain material non-public information with respect to the Administrative Borrower its securities for purposes of United States Federal or state securities laws. THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” NEITHER THE ADMINISTRATIVE AGENT NOR ANY OF ITS RELATED PARTIES (COLLECTIVELY, THE “AGENT PARTIES”AS DEFINED BELOW) WARRANTS DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE COMMUNICATIONS ON, BORROWER MATERIALS OR THE ADEQUACY OF, OF THE PLATFORM, AND EACH EXPRESSLY DISCLAIMS DISCLAIM LIABILITY FOR ERRORS IN OR OMISSIONS IN ANY SUCH COMMUNICATIONFROM THE BORROWER MATERIALS. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT NON-INFRINGEMENT OF THIRD-THIRD PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS DEFECTS, IS MADE BY THE ANY AGENT PARTIES PARTY IN CONNECTION WITH THE COMMUNICATIONS BORROWER MATERIALS OR THE PLATFORM. IN NO EVENT SHALL ANY INDEMNITEE OR ANY OTHER PARTY HERETO REFERRED TO IN SECTION 9.03(bIn no event shall the Administrative Agent or any of its Affiliates and the partners, directors, officers, employees, agents, trustees and advisors of such Person and of such Person’s Affiliates (collectively, the “Agent Parties”) HAVE ANY LIABILITY TO ANY OTHER PARTY HERETO OR ANY OTHER PERSON FOR DAMAGES OF ANY KINDhave any liability to the Borrowers, WHETHER OR NOT BASED ON STRICT LIABILITY AND INCLUDING DIRECT OR INDIRECTany Lender or any other Person for losses, SPECIALclaims, INCIDENTAL OR CONSEQUENTIAL DAMAGESdamages, LOSSES OR EXPENSES liabilities or expenses of any kind (WHETHER IN TORTwhether in tort, CONTRACT OR OTHERWISEcontract or otherwise) ARISING OUT OF ANY PERSON’S arising out of the Borrowers’ or the Administrative Agent’s transmission of materials and/or information provided by or on behalf of the Borrowers under the Loan Documents through the Internet, except to the extent that such losses, claims, damages, liabilities or expenses are determined by a court of competent jurisdiction by a final and nonappealable judgment to have resulted from the gross negligence, willful misconduct or bad faith of such Agent Party; provided, however, that in no event shall any Agent Party have any liability to the Borrowers, any Lender or any other Person for indirect, special, incidental, consequential or punitive damages (OTHER THAN THE RELEVANT INDEMNITEE’S OR OTHER PARTY’S OR THEIR RESPECTIVE RELATED PARTIES’) TRANSMISSION OF COMMUNICATIONS THROUGH THE INTERNET, EXCEPT TO THE EXTENT THE LIABILITY OF ANY SUCH PERSON IS FOUND BY A FINAL AND NON-APPEALABLE JUDGMENT OF A COURT OF COMPETENT JURISDICTION TO HAVE RESULTED FROM SUCH PERSON’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OR MATERIAL BREACH OF THIS AGREEMENTas opposed to direct or actual damages).

The Platform. (i) The Administrative Borrower hereby acknowledges that (aA) the Joint Lead Arrangers or Administrative Agent will make available to the Lenders and the Issuing Banks materials and/or information provided by, by or on behalf of, of the Administrative Borrower Loan Parties hereunder and under the other Loan Documents (collectively, the “Borrower Materials”) by posting the Borrower Materials on IntraLinksSyndTrak Online, Syndtrak, ClearPar Intralinks or another similar electronic system (the “Platform”) and (bB) certain of the Lenders may be “public-side” Lenders (i.e., Lenders that do not wish to receive material nonpublic non-public information within the meaning of the United States federal securities laws with respect to the Administrative Borrower Loan Parties or its their securities) (each, a “Public Lender”). At the request of the Administrative Agent, the Administrative The Borrower hereby agrees that (iW) all Borrower Materials that are to be made available to Public Lenders shall be clearly and conspicuously marked “PUBLIC”” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (iiX) by marking Borrower Materials “PUBLIC,” the Administrative Borrower shall be deemed to have authorized the Administrative Agent and the Lenders to treat such Borrower Materials as not containing any material non-public information of a type that is publicly available or is not material with respect to the Administrative Borrower, its subsidiaries, any of Loan Parties or their respective securities or the Transactions as determined in good faith by the Administrative Borrower for purposes of the United States federal and state securities laws (provided, however, that to the extent such Borrower Materials constitute Information (as defined in Section 9.21), they shall be treated as set forth in Section 9.21); (Y) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated as “Public Investor;” and (iiiZ) the Administrative Agent shall be required entitled to treat any Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform not marked as “Public Investor.” Notwithstanding the foregoing, the following Borrower Materials Loan Documents shall be deemed to marked “PUBLIC” and notifications of changes in the terms of the Facilities shall be marked “PUBLIC,” ”, unless the Administrative Borrower notifies the Administrative Agent promptly that any such document contains material nonpublic non-public information (it being understood provided that the Administrative Borrower shall have has been given a reasonable opportunity to review the same prior to distribution their intended distribution). In addition, the Borrower hereby acknowledges and comply with SEC or other applicable disclosure obligations): (1) the Loan Documents, (2) any amendment to any Loan Document agrees that all financial statements and (3) any information delivered certificates furnished pursuant to Section Sections 5.01(a) or ), (b). Each Public Lender agrees to cause at least one individual at , (c), (d) and (e) shall be deemed marked “PUBLIC”. (ii) The Platform is provided “as is” and “as available.” The Agent Parties (as defined below) do not warrant the accuracy or on behalf of such Public Lender to at all times have selected the “Private Side Information” or similar designation on the content declaration screen completeness of the Platform in order to enable such Public Lender Borrower Materials or its delegate, in accordance with such Public Lender’s compliance procedures and applicable law, including United States Federal and state securities laws, to make reference to communications that are not made available through the “Public Side Information” portion adequacy of the Platform and that may contain material expressly disclaim liability for errors in, or omissions from, the Borrower Materials. No warranty of any kind, express, implied or statutory, including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-public information infringement of third party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with respect the Borrower Materials or the Platform. In no event shall the Administrative Agent or any of its Related Parties (collectively, the “Agent Parties”) have any liability to the Loan Parties, any Lender, any other Agent or any other Person for losses, claims, damages, liabilities or expenses of any kind (whether in tort, contract or otherwise) arising out of any Loan Party’s or the Administrative Agent’s transmission of Borrower its securities Materials through the Internet, except to the extent that such losses, claims, damages, liabilities or expenses are determined by a court of competent jurisdiction by a final and nonappealable judgment to have resulted from the gross negligence, bad faith or willful misconduct of such Agent Party; provided, however, that in no event shall any Agent Party have any liability to any Loan Party, the Tribe, any Lender, any Agent or any other Person for purposes of United States Federal indirect, special, incidental, consequential or state securities laws. THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLEpunitive damages (as opposed to direct or actual damages).” NEITHER THE ADMINISTRATIVE AGENT NOR ANY OF ITS RELATED PARTIES (COLLECTIVELY, THE “AGENT PARTIES”) WARRANTS THE ACCURACY OR COMPLETENESS OF THE COMMUNICATIONS ON, OR THE ADEQUACY OF, THE PLATFORM, AND EACH EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN ANY SUCH COMMUNICATION. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD-PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS IS MADE BY THE AGENT PARTIES IN CONNECTION WITH THE COMMUNICATIONS OR THE PLATFORM. IN NO EVENT SHALL ANY INDEMNITEE OR ANY OTHER PARTY HERETO REFERRED TO IN SECTION 9.03(b) HAVE ANY LIABILITY TO ANY OTHER PARTY HERETO OR ANY OTHER PERSON FOR DAMAGES OF ANY KIND, WHETHER OR NOT BASED ON STRICT LIABILITY AND INCLUDING DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES (WHETHER IN TORT, CONTRACT OR OTHERWISE) ARISING OUT OF ANY PERSON’S (OTHER THAN THE RELEVANT INDEMNITEE’S OR OTHER PARTY’S OR THEIR RESPECTIVE RELATED PARTIES’) TRANSMISSION OF COMMUNICATIONS THROUGH THE INTERNET, EXCEPT TO THE EXTENT THE LIABILITY OF ANY SUCH PERSON IS FOUND BY A FINAL AND NON-APPEALABLE JUDGMENT OF A COURT OF COMPETENT JURISDICTION TO HAVE RESULTED FROM SUCH PERSON’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OR MATERIAL BREACH OF THIS AGREEMENT.