would reasonably be expected to result in, any material Security Breach of any of the IT Systems and Data; (iii) the Company, the Guarantors and their subsidiaries have implemented commercially reasonable controls, policies, procedures, and technological safeguards to maintain and protect the integrity, continuous operation, redundancy and security of the IT Systems and Data, including, in each case, as required by applicable regulatory standards; and (iv) the IT Systems and Data are adequate for, and operate and perform in all material respects as required in connection with, the operation of the respective businesses of the Company, the Guarantors and their subsidiaries as currently conducted, in each case, and to the knowledge of the Company and the Guarantors, free and clear of all material bugs, errors, defects, Trojan horses, time bombs, malware and other corruptants.
(oo) Data Privacy. (i) Except for such non-compliance as would not, singly or in the aggregate, result in a Material Adverse Effect, the Company and its subsidiaries have been, and are presently, in material compliance with all applicable laws and statutes, judgments, orders, rules and regulations of any court or arbitrator or governmental or regulatory authority, internal and external policies, and contractual obligations, in each case, relating to the privacy, security, collection, use, transfer, import, export, storage, protection, disposal, disclosure or other processing of the IT Systems and Data or to the protection of such IT Systems and Data from unauthorized use, access, misappropriation, modification or other Security Breaches (collectively, Data Privacy and Security Obligations), (ii) neither the Company nor any of its subsidiaries has received any written notification or complaint regarding any non-compliance in any material respect with any Data Privacy and Security Obligation, and (iii) except for such claims, actions, suits, investigations or proceeds as would not, singly or in the aggregate, result in a Material Adverse Effect, there is no pending or, to the knowledge of the Company, threatened claim, action, suit, investigation or other proceeding by or before any court or governmental agency, authority or body alleging non-compliance by the Company or any of its subsidiaries in any material respect with any Data Privacy and Security Obligation.
(pp) Regulation S. The Company, the Guarantors and their respective affiliates and all persons acting on their behalf (other than the Initial Purchasers, as to whom the Company and the Guarantors make no representation) have complied with and will comply with the offering restrictions requirements of Regulation S in connection with the offering of the Securities outside the United States and, in connection therewith, the Offering Memorandum will contain the disclosure required by Rule 902. The Company is a reporting issuer, as defined in Rule 902 under the Securities Act.
(qq) New Credit Facilities. The New Credit Agreement has been duly and validly authorized by the Company and the Guarantors and, when duly executed and delivered by the Company and the Guarantors on the Closing Date, will be the valid and legally binding obligation of the Company and the Guarantors, enforceable against the Company and the Guarantors in accordance with its terms, except as the enforcement thereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting the rights and remedies of creditors or by general equitable principles.
(rr) Statistical and Market-Related Data. Any statistical and market-related data included in the Offering Memorandum are based on or derived from sources that the Company reasonably and in good faith believes to be reliable and accurate in all material respects.