PURPOSES OF THIS SECTION, "INFORMATION"
SHALL MEAN ALL INFORMATION RECEIVED FROM THE BORROWER AND RELATED TO THE
BORROWER OR PARENT OR THEIR BUSINESS, OTHER THAN ANY SUCH INFORMATION THAT WAS
AVAILABLE TO THE ADMINISTRATIVE AGENT, THE COLLATERAL AGENT OR ANY LENDER ON A
NONCONFIDENTIAL BASIS PRIOR TO ITS DISCLOSURE BY THE BORROWER. ANY PERSON
REQUIRED TO MAINTAIN THE CONFIDENTIALITY OF INFORMATION AS PROVIDED IN THIS
SECTION 9.16 SHALL BE CONSIDERED TO HAVE COMPLIED WITH ITS OBLIGATION TO DO SO
IF SUCH PERSON HAS EXERCISED THE SAME DEGREE OF CARE TO MAINTAIN THE
CONFIDENTIALITY OF SUCH INFORMATION AS SUCH PERSON WOULD ACCORD ITS OWN
CONFIDENTIAL INFORMATION.
SECTION 9.17. USA PATRIOT ACT NOTICE. EACH LENDER AND THE ADMINISTRATIVE AGENT
(FOR ITSELF AND NOT ON BEHALF OF ANY LENDER) HEREBY NOTIFIES THE BORROWER THAT
PURSUANT TO THE REQUIREMENTS OF THE USA PATRIOT ACT, IT IS REQUIRED TO OBTAIN,
VERIFY AND RECORD INFORMATION THAT IDENTIFIES THE BORROWER, WHICH INFORMATION
INCLUDES THE NAME AND ADDRESS OF THE BORROWER AND OTHER INFORMATION THAT WILL
ALLOW SUCH LENDER OR THE ADMINISTRATIVE AGENT, AS APPLICABLE, TO IDENTIFY THE
BORROWER IN ACCORDANCE WITH THE USA PATRIOT ACT.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly
executed by their respective authorized officers as of the day and year first
above written.
WEIGHTWATCHERS.COM, INC.,
By
/s/ DAVID P. KIRCHHOFF
Name: David P. Kirchhoff
Title:
CEO & President
CREDIT SUISSE, CAYMAN ISLANDS
BRANCH, individually and as
Administrative Agent and Collateral Agent,
By
/s/ ROBERT HETU
Name: Robert Hetu
Title:
Director
By
/s/ CASSANDRA DROOGAN
Name: Cassandra Droogan
Title:
Associate
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JPMORGAN CHASE BANK, N.A.,
As Lender
By
/s/ LOUISE E. DUCHI
Name: Louise E. Duchi
Title:
Vice President
72
COMMERZBANK AG, NEW YORK
AND GRAND CAYMAN BRANCHES
As Lender
By
/s/ ADAM T. STROM
Name: Adam T. Strom
Title:
Vice President
By
/s/ HENRY J. SPARK
Name: Henry J. Spark
Title:
Assistant Vice President
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BAYERISHE HYPO-UND VEREINSBANK AG,
NEW YORK BRANCH
As Lender
By
/s/ MARTHA G. MARTINEZ
Name: Martha G. Martinez
Title:
Associate Director
By
/s/ JENNIFER LARROW
Name: Jennifer Larrow
Title:
Associate Director
74
SOVEREIGN BANK
As Lender
By
/s/ ANTONIA BADOLATO
Name: Antonia Badolato
Title:
Vice President
75
MIZUHO CORPORATE BANK, LTD.
As Lender
By
/s/ JAMES FAYEN
Name: James Fayen
Title:
Deputy General Manager
76