Company confirms that neither it nor any other person or entity acting on its behalf has provided JGB or its counsel with any information that constitutes or might constitute material, nonpublic information. The Company will disclose the material terms of this Agreement and the transactions contemplated hereby by not later than 8:00 a.m. on September 2, 2016, or such earlier time as may be required by law, by means of a Current Report on Form 8-K filed with the Securities and Exchange Commission. The Current Report on Form 8-K shall be subject to the prior review and comment of JGB. From and after the filing of the Current Report on Form 8-K with the SEC, the Company acknowledges and agrees that JGB shall not be in possession of any material, nonpublic information received from the Company, any Guarantor or any of their respective officers, directors, employees or agents. The Company acknowledges that JGB shall not be deemed to have any obligation of confidentiality with respect to (i) any non-public information of the Company disclosed to JGB by or on behalf of the Company, (ii) the fact that JGB has exercised any of its rights and/or remedies under the Transaction Documents or the Operative Documents, or (iii) any information obtained by JGB as a result of exercising any of its rights and/or remedies under the Transaction Documents or Operative Documents. In addition, JGB shall not be deemed to be in breach of any duty to the Company and/or to have misappropriated any non-public information of the Company, if JGB engages in transactions of securities of the Company, including, without limitation, any hedging transactions, short sales or any “derivative” transactions while in possession of such non-public information.