The U.S. Parent represents and warrants that it, its controlling Person and any Subsidiary, in each case, if any, either # has no registered or publicly traded securities outstanding, or # files its financial statements with the SEC and/or makes its financial statements available to potential holders of its [[Unknown Identifier]] securities, and, accordingly, the U.S. Parent hereby # authorizes the Administrative Agent to make the financial statements to be provided under [Section 5.01(a) and (b)])] (collectively or individually, as the context requires, the Financial Statements), along with the Loan Documents, available to Public-Siders and # agree that at the time such Financial Statements are provided hereunder, they shall already have been made available to holders of its securities. The U.S. Parent will not request that any other material be posted to Public-Siders without expressly representing and warranting to the Administrative Agent in writing that such materials do not constitute material non-public information within the meaning of the federal securities laws or that the U.S. Parent has no outstanding publicly traded securities, including [[Unknown Identifier]] securities. Notwithstanding anything herein to the contrary, in no event shall the U.S. Parent request that the Administrative Agent make available to Public-Siders budgets or any certificates, reports or calculations with respect to the Borrowers compliance with the covenants contained herein or with respect to the Borrowing Base.
The Borrower represents and warrants that either # it and any Subsidiary has no registered or publicly traded securities outstanding, or # it files its financial statements with the SEC and/or makes its financial statements available to potential holders of its [[Unknown Identifier]] securities. Accordingly, the Borrower hereby # authorizes the Administrative Agent to make available to Public-Siders the financial statements to be provided under [Section 5.02(a) and (b)] above and, unless the Borrower promptly notifies the Administrative Agent otherwise (provided that such documents have been provided to the Borrower and its counsel for review a reasonable period of time prior thereto), the Loan Documents, and # agrees that at the time such financial statements are provided hereunder, they shall already have been made available to holders of its securities. The Borrower will not request that any other material be posted to Public-Siders without expressly representing and warranting to the Administrative Agent in writing that such materials do not constitute material non-public information with respect to any of the Borrower, its Subsidiaries or their respective securities within the meaning of the federal securities laws or that the Borrower has no outstanding publicly traded securities, including [[Unknown Identifier]] securities. In no event shall the Administrative Agent post compliance certificates or budgets to Public-Siders.
Each Borrower represents and warrants that it, Holdings or any other direct or indirect Parent Company and any Subsidiary, in each case, if any, either # has no registered or publicly traded securities outstanding, or # files its financial statements with the SEC and/or makes its financial statements available to potential holders of its [[Unknown Identifier]] securities, and, accordingly, the Borrowers hereby # authorizes the Administrative Agent to make financial statements and other information provided pursuant to [clauses (a) and (b) above], along with the Credit Documents and the list of Disqualified Lenders, available to Public-Siders and # agrees that at the time the Section 9.01 Financials are provided hereunder, they shall already have been, or shall substantially concurrently be, made available to holders of its securities. The Borrowers will not request that any other material be posted to Public-Siders without expressly representing and warranting to the Administrative Agent in writing that such materials do not constitute material non-public information within the meaning of the federal securities laws or that the Borrowers have no outstanding publicly traded securities, including [[Unknown Identifier]] securities (it being understood that the Borrowers shall have no obligation to request that any material be posted to Public-Siders). Notwithstanding anything herein to the contrary, in no event shall Lead Borrower request that the Administrative Agent make available to Public-Siders budgets or any certificates, reports or calculations with respect to the Borrowers’ compliance with the covenants contained herein.
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