Section # Treatment of Certain Information; No Fiduciary Duty; Confidentiality

SECTION # Treatment of Certain Information; No Fiduciary Duty; Confidentiality.

SECTION # Treatment of Certain Information; No Fiduciary Duty; Confidentiality.

SECTION # Treatment of Certain Information; No Fiduciary Duty; Confidentiality.

SECTION # Treatment of Certain Information; No Fiduciary Duty; Confidentiality.

SECTION # Treatment of Certain Information; No Fiduciary Duty; Confidentiality.

SECTION # Treatment of Certain Information; No Fiduciary Duty; Confidentiality.

No Fiduciary Duty. The Borrower agrees that in connection with all aspects of the transactions contemplated hereby and any communications in connection therewith, the Borrower and its Affiliates, on the one hand, and the Administrative Agent, the Arranger, the Banks, and their respective Affiliates, on the other hand, will have a business relationship that does not create, by implication or otherwise, any fiduciary duty on the part of the Administrative Agent, the Arranger, the Banks, or their respective Affiliates and no such duty will be deemed to have arisen in connection with any such transactions or communications.

No Fiduciary Duty. The Company hereby acknowledges that # the purchase and sale of the Securities pursuant to this Agreement is an arm’s-length commercial transaction between the Company, on the one hand, and the Initial Purchasers and any Affiliate through which it may be acting, on the other, # the Initial Purchasers are acting as principal and not as an agent or fiduciary of the Company and # the Company’s engagement of the Initial Purchasers in connection with the offering and the process leading up to the offering is as independent contractors and not in any other capacity. Furthermore, the Company agrees that it is solely responsible for making its own judgments in connection with the offering (irrespective of whether any of the Initial Purchasers has advised or is currently advising the Company on related or other matters). The Company agrees that they will not claim that the Initial Purchasers have rendered advisory services of any nature or respect, or owe an agency, fiduciary or similar duty to the Company, in connection with such transaction or the process leading thereto.

Each Borrower agrees that nothing in the Credit Documents will be deemed to create an advisory, fiduciary, agency relationship or other similar duty between any Credit Party and its Affiliates, on the one hand, and any Borrower, its stockholders or its affiliates on the other with respect to the transactions contemplated hereby (irrespective of whether any Credit Party or its Affiliates has advised, is currently advising or will advise any Borrower on other unrelated matters), or any other obligation by a Credit Party or its Affiliates to any Borrower its stockholders or its affiliates except the obligations expressly set forth in the Credit Documents. Each Borrower agrees that it will not claim that any Lender has rendered advisory services of any nature or respect, or owes a fiduciary or similar duty to the Borrowers, in connection with the transactions contemplated hereby or the process leading thereto. Each Credit Party and their respective Affiliates may have economic interests that conflict with those of the Borrowers, their stockholders, and/or their respective Affiliates.