L/C ISSUER OR ANY OF THEIR RESPECTIVE
AFFILIATES ON A NONCONFIDENTIAL BASIS FROM A SOURCE OTHER THAN THE BORROWER; (I)
TO ANY STATE, FEDERAL OR FOREIGN AUTHORITY OR EXAMINER (INCLUDING THE NATIONAL
ASSOCIATION OF INSURANCE COMMISSIONERS OR ANY OTHER SIMILAR ORGANIZATION)
REGULATING ANY LENDER; OR (J) (I) AN INVESTOR OR PROSPECTIVE INVESTOR IN
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SECURITIES ISSUED BY AN APPROVED FUND OF ANY LENDER THAT ALSO AGREES THAT
INFORMATION SHALL BE USED SOLELY FOR THE PURPOSE OF EVALUATING AN INVESTMENT IN
SUCH SECURITIES ISSUED BY AN APPROVED FUND OF ANY LENDER, (II) TO A TRUSTEE,
COLLATERAL MANAGER, SERVICER, BACKUP SERVICER, NOTEHOLDER OR SECURED PARTY IN
SECURITIES ISSUED BY AN APPROVED FUND OF ANY LENDER IN CONNECTION WITH THE
ADMINISTRATION, SERVICING AND REPORTING ON THE ASSETS SERVING AS COLLATERAL FOR
SECURITIES ISSUED BY SUCH APPROVED FUND, OR (III) TO A NATIONALLY RECOGNIZED
RATING AGENCY THAT REQUIRES ACCESS TO INFORMATION REGARDING THE LOAN PARTIES,
THE LOANS AND THE LOAN DOCUMENTS IN CONNECTION WITH RATINGS ISSUED IN RESPECT OF
SECURITIES ISSUED BY AN APPROVED FUND OF ANY LENDER (IT BEING UNDERSTOOD THAT,
PRIOR TO ANY SUCH DISCLOSURE, SUCH PARTIES SHALL UNDERTAKE TO PRESERVE THE
CONFIDENTIALITY OF ANY INFORMATION RELATING TO THE LOAN PARTIES, THE LOANS AND
THE LOAN DOCUMENTS RECEIVED BY IT FROM SUCH LENDER).
IN ADDITION, THE
ADMINISTRATIVE AGENT, THE L/C ISSUER AND THE LENDERS MAY DISCLOSE THE EXISTENCE
OF THIS AGREEMENT AND NONCONFIDENTIAL INFORMATION ABOUT THIS AGREEMENT TO MARKET
DATA COLLECTORS, SIMILAR SERVICE PROVIDERS TO THE LENDING INDUSTRY, AND SERVICE
PROVIDERS TO THE AGENTS AND THE LENDERS IN CONNECTION WITH THE ADMINISTRATION
AND MANAGEMENT OF THIS AGREEMENT, THE OTHER LOAN DOCUMENTS, THE COMMITMENTS, AND
THE CREDIT EXTENSIONS.
FOR THE PURPOSES OF THIS SECTION 10.07, "INFORMATION"
MEANS ALL INFORMATION RECEIVED FROM ANY LOAN PARTY RELATING TO ANY LOAN PARTY OR
ITS BUSINESS, OTHER THAN ANY SUCH INFORMATION THAT IS AVAILABLE TO THE
ADMINISTRATIVE AGENT, THE L/C ISSUER OR ANY LENDER ON A NONCONFIDENTIAL BASIS
PRIOR TO DISCLOSURE BY ANY LOAN PARTY.
ANY PERSON REQUIRED TO MAINTAIN THE
CONFIDENTIALITY OF INFORMATION AS PROVIDED IN THIS SECTION 10.07 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 TO ITS OWN CONFIDENTIAL INFORMATION.
THE BORROWER SHALL HAVE THE RIGHT TO APPROVE ANY PUBLIC ADVERTISEMENT OR OTHER
PUBLIC NOTICE ISSUED OR PLACED BY THE AGENTS WITH RESPECT TO THE LOAN DOCUMENTS
AND THE TRANSACTIONS THEREUNDER, WHICH APPROVAL SHALL NOT BE UNREASONABLY
WITHHELD.
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, ANY PARTY TO THIS
AGREEMENT (AND ANY EMPLOYEE, REPRESENTATIVE OR OTHER AGENT OF SUCH PARTY) MAY
DISCLOSE TO ANY AND ALL PERSONS, WITHOUT LIMITATION OF ANY KIND, THE TAX
TREATMENT AND TAX STRUCTURE OF THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT
AND ALL MATERIALS OF ANY KIND (INCLUDING OPINIONS OR OTHER TAX ANALYSES) THAT
ARE PROVIDED TO IT RELATING TO SUCH TAX TREATMENT AND TAX STRUCTURE, EXCEPT THAT
(A) TAX TREATMENT AND TAX STRUCTURE