Giving effect to the Form 8-K filing described in Section 5.1(j) of this Agreement, the Company confirms that neither it nor any other Person acting on its behalf has provided Highbridge International LLC or Highbridge Tactical Credit and Convertibles Master Fund, L.P. (collectively, “ Highbridge ”) or their agents or counsel with any information that constitutes or would reasonably be expected to constitute material, nonpublic information regarding the Company or any of its Subsidiaries. The Company understands and confirms that Highbridge will rely on the foregoing representation in effecting transactions in securities of the Company.