Current Noteholder
The institution/company or individual (if request is on behalf of the individual named above) confirms (1) that it is a beneficial owner of the Company’s 6.125% senior secured notes due 2031 (the “Notes”); (2) agrees to (i) keep confidential all information obtained in the secured area of the Company’s website and the Company’s quarterly conference call, (ii) not to distribute or disclose such information to any third party and (iii) not to use such information (A) in violation of applicable securities laws or regulations or (B) in any manner intended to compete with the business of the Company and its subsidiaries; and (3) confirms that it is not a person (including its affiliates) that is principally engaged in, or derives a significant portion of its revenues from operating or owning, a Similar Business (as defined in the Indenture governing the Notes).
Prospective Noteholder
The institution/company (1) confirms that it is a prospective beneficial owner of the Company’s 6.125% senior secured notes due 2031 (the “Notes”); (2) agrees to (i) keep confidential all information obtained in the secured area of the Company’s website and the Company’s quarterly conference call, (ii) not to distribute or disclose such information to any third party and (iii) not to use such information (A) in violation of applicable securities laws or regulations or (B) in any manner intended to compete with the business of the Company and its subsidiaries; and (3) confirms that it is not a person (including its affiliates) that is principally engaged in, or derives a significant portion of its revenues from operating or owning, a Similar Business (as defined in the Indenture governing the Notes). Further, the institution/company confirms that it is either (i) a “qualified institutional buyer” (or “QIB”) as defined in Rule 144A under the Securities Act of 1933, as amended (the “Securities Act”), or (ii) not a “U.S. person” as contemplated by Rule 903(a)(1) of Regulation S under the Securities Act (any such person satisfying the description of (i) or (ii) , “a qualifying prospective purchaser”) and in the case of each of (i) or (ii) is considering acquiring the Notes for its own account or for a discretionary account or accounts on behalf of one or more qualifying prospective purchasers (as to which it has been instructed and has the authority to make the statements herein).
Securities Analyst
The institution/company (1) confirms that it is a securities analyst providing an analysis of an investment in the Company’s 6.125% senior secured notes due 2031 (“Notes”); (2) agrees to (i) keep confidential all information obtained in the secured area of the Company’s website and the Company’s quarterly conference call, (ii) not to distribute or disclose such information to any third party unless, to the best of its knowledge, such third party is, or has indicated that it is considering becoming a holder of the Notes and (iii) to not use such information for any purpose (A) in violation of applicable securities laws or regulations or (B) in any manner intended to compete with the business of the Company and its subsidiaries; and (3) confirms that it is not a person (including its affiliates) that is principally engaged in, or derives a significant portion of its revenues from operating or owning, a Similar Business (as defined in the Indenture governing the Notes). The institution/company confirms it is a reputable securities analyst who regularly covers or intends to cover the Company and the Notes.
Market Maker
The institution/company (1) confirms that it is a bona fide market maker in the Company's 6.125% senior secured notes due 2031 ("Notes") affiliated with an Initial Purchaser of the Notes; and (2) agrees to (i) keep confidential all information obtained in the secured area of the Company's website and the Company's quarterly conference calls, (ii) not to distribute or disclose such information to any third party or communicate it to any person and (iii) not to use such information (A) in violation of applicable securities laws or regulations or (B) in any manner intended to compete with the business of the Company and its subsidiaries; and (3) confirms that it is not a person (including its affiliates) that is principally engaged in, or derives a significant portion of its revenues from operating or owning, a Similar Business (as defined in the Indenture governing the Notes).