(b) upon verbal or written request of the Advisors, any information that is reasonably necessary to evaluate the Loan Parties or the Potential Transaction, and to verify the Loan Parties compliance with the terms of this Agreement and the Loan Documents (other than with respect to the Specified Defaults and In-Court Defaults), such information shall be provided to the Advisors as promptly as practicable following the Advisors verbal or written request for such information, subject, if applicable, to any confidentiality agreements in place with the Advisors.
4.04 Release. Each Loan Party (for itself and its Subsidiaries and Affiliates and the successors, assigns, heirs and representatives of each of the foregoing) (collectively, the Releasors) does hereby fully, finally, unconditionally and irrevocably release, waive and forever discharge each of the Supporting Lenders and the Agent, together with each of their respective Affiliates, and each of the directors, officers, members, employees, agents, attorneys and consultants of each of the foregoing (collectively, the Released Parties), from any and all debts, claims, allegations, obligations, damages, costs, attorneys fees, suits, demands, liabilities, actions, proceedings and causes of action, in each case, whether known or unknown, contingent or fixed, direct or indirect, and of whatever nature or description, and whether in law or in equity, under contract, tort, statute or otherwise, which any Releasor has heretofore had or now or hereafter can, shall or may have against any Released Party by reason of any act, omission or thing whatsoever done or omitted to be done, in each case, on or prior to the date hereof directly arising out of, connected with or related to this Agreement, the Credit Agreement or any other Loan Document, or any act, event or transaction related or attendant thereto, or the agreements of any Supporting Lender or the Agent contained therein, or the possession, use, operation or control of any of the assets of any Loan Party. Each Loan Party represents and warrants that it has no knowledge of any claim by any Releasor against any Released Party or of any facts or acts or omissions of any Released Party which on the date hereof would be the basis of a claim by any Releasor against any Released Party which would not be released hereby.
4.05 Second Lien Facility. The Supporting Lenders consent to the Loan Parties incurring Indebtedness under the Second Lien Facility, as modified by the Support Agreement, during the Forbearance Period.
SECTION V. REPRESENTATIONS AND WARRANTIES
In consideration of the foregoing agreements, the Borrower and each other Loan Party jointly and severally hereby represent and warrant to each Supporting Lender and the Agent, and each Supporting Lender and the Agent severally but not jointly hereby represents and warrants to the Borrower and the other Loan Parties, as follows:
5.01 Such party is duly organized, is validly existing and is not in violation in any respect of any term of its charter, bylaws or other constitutive documents; the execution, delivery and performance of this Agreement are within such partys power and have been duly authorized by all necessary action; and such party is voluntarily entering into this Agreement.