No assignment or participation shall be made to any Person that was a Disqualified Lender as of the date (the “Trade Date”) on which the assigning Lender entered into a binding agreement to sell and assign or grant a participation in all or a portion of its rights and obligations under this Agreement to such Person (unless the Borrower has consented to such assignment or participation in writing in its sole and absolute discretion, in which case such Person will not be considered a Disqualified Lender for the purpose of such assignment or participation). For the avoidance of doubt, with respect to any assignee or Participant that becomes a Disqualified Lender after the applicable Trade Date (including as a result of the delivery of a written supplement to the list of “Disqualified Lenders” referred to in, the definition of “Disqualified Lender”), # such assignee or Participant shall not retroactively be disqualified from becoming a Lender or Participant and # the execution by the Borrower of an Assignment and Acceptance with respect to such assignee will not by itself result in such assignee no longer being considered a Disqualified Lender. Any assignment or participation in violation of this clause (e)(i) shall not be void, but the other provisions of this clause (e) shall apply.

Disqualified Lenders. The Administrative Agent shall post the list of Disqualified Lenders provided by the Borrower and any updates thereto from time to time on Intralinks or another similar electronic system to “public siders” and/or “private siders” and/or provide such list to each Lender requesting the same. The Administrative Agent shall not be responsible or have any liability for, or have any duty to ascertain, inquire into, monitor or enforce, compliance with the provisions relating to Disqualified Lenders.

Disqualified Stock. The Company will not, and will not permit any Subsidiary to, issue or permit to remain outstanding any Disqualified Stock.

Disqualified Equity Interest. Issue any Disqualified Equity Interests.

Subordinated Indebtedness; Disqualified Stock. The Company will not, nor will it permit any Subsidiary to, make any amendment or modification to any indenture, note or other agreement evidencing or governing any subordinated Indebtedness (excluding all Intercompany Loan Party Indebtedness) or Disqualified Stock of the Company or its Subsidiaries, in any such case, in a manner adverse to the Lenders.

to any other party hereto (it being understood that in no event shall such disclosure be made to any Disqualified ​ pursuant to this [clause (d)] but only to the extent that a list of such Disqualified Lenders is available to all Lenders),

provided that any Person that is a ​ and subsequently becomes a Disqualified ​ (but was not a Disqualified ​ on the Closing Date or at the time it became a ​) shall be deemed to not be a Disqualified ​ hereunder with respect to any Loans held by it immediately prior to becoming a Disqualified ​. The Administrative ​ shall make the list of Disqualified Lenders available to any ​ or prospective ​ upon request by such ​ or prospective ​.

Notwithstanding anything to the contrary contained in this Agreement, Disqualified Lenders to whom an assignment or participation is made in violation of [clause (i) above] # will not have the right to # receive information, reports or other materials provided to Lenders by Holdings, the Borrower, the Administrative Agent or any other Lender, # attend or participate in meetings attended by the Lenders and the Administrative Agent, or # access any electronic site established for the Lenders or confidential communications from counsel to or financial advisors of the Administrative Agent or the Lenders and (B) (x) for purposes of any consent to any amendment, waiver or modification of, or any action under, and for the purpose of any direction to the Administrative Agent or any Lender to undertake any action (or refrain from taking any action) under this Agreement or any other Loan Document, each Disqualified Lender will be deemed to have consented in the same proportion as the Lenders that are not Disqualified Lenders consented to such matter and # for purposes of voting on any plan of reorganization, each Disqualified Lender party hereto hereby agrees # not to vote on such plan of reorganization, # if such Disqualified Lender does vote on such plan of reorganization notwithstanding the restriction in the [foregoing clause (1)], such vote will be deemed not to be in good faith and shall be “designated” pursuant to Section 1126(e) of the U.S. Bankruptcy Code (or any similar provision in any other applicable laws), and such vote shall not be counted in determining whether the applicable class has accepted or rejected such plan of reorganization in accordance with Section 1126(c) of the U.S. Bankruptcy Code (or any similar provision in any other applicable laws) and # not to contest any request by any party for a determination by the Bankruptcy Court (or other applicable court of competent jurisdiction) effectuating the [foregoing clause (2)].

The Administrative Agent # shall have the right (but not the obligation), and the Borrower hereby expressly authorizes the Administrative Agent, to post the list of Disqualified Institutions and any updates thereto from time to time on the Platform, including that portion of the Platform that is designated for “public side” Lenders and # shall provide the list of Disqualified Institutions and any updates thereto to each [[Organization C:Organization]] or Participant requesting the same.

Defaulting Lenders. Notwithstanding anything herein to the contrary: