Common use of Certain Permitted Disclosures Clause in Contracts

Certain Permitted Disclosures. For the avoidance of doubt, nothing in Sections 10.14(a)–(c) shall prevent a Loan and Note Servicer Provider from (i) disclosing Performance Information to credit reporting agencies, (ii) posting (or permitting Members to post) information on the Prosper Website or the Note Trader Platform in connection with Loan Listings, Borrower Loans or Securities, or (iii) posting on the Prosper Website or disclosing in the Prospectus pooled Performance Information concerning the Borrower Loans; provided that each posting or disclosure made by a Service Provider pursuant to clause (ii) or (iii) shall comply with the Privacy Policy and no such posting or disclosure by a Service Provider shall include any Prohibited Information. A Service Provider shall not be responsible to the Company for any Prohibited Information posted on the Prosper Website by a Borrower-Member without a Service Provider’s consent; provided that if a Service Provider becomes aware that any Borrower-Member has posted Prohibited Information, such Service Provider shall take in relation thereto such actions as such Service Provider then deems to be in the Company’s best interest (including, if such Service Provider so determines, cancellation of the relevant Loan Listing or deletion of the Prohibited Information).

Appears in 4 contracts

Samples: Administration Agreement (Prosper Funding LLC), Administration Agreement (Prosper Funding LLC), Administration Agreement (Prosper Funding LLC)

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Certain Permitted Disclosures. For the avoidance of doubt, nothing in Sections 10.14(a)–(c10.14(a) - (c) shall prevent a Loan and Note the Servicer Provider from (i) disclosing Performance Information to credit reporting agencies, (ii) posting (or permitting Members to post) information on the Prosper Website or the Note Trader Platform in connection with Loan Listings, Borrower Loans or Securities, or (iii) posting on the Prosper Website or disclosing in the Prospectus pooled Performance Information concerning the Borrower Loans; provided that each posting or disclosure made by a Service Provider the Servicer pursuant to clause (ii) or (iii) shall comply with the Privacy Policy and no such posting or disclosure by a Service Provider the Servicer shall include any Prohibited Information. A Service Provider The Servicer shall not be responsible to the Company for any Prohibited Information posted on the Prosper Website by a Borrower-Member without a Service Providerthe Servicer’s consent; provided that if a Service Provider the Servicer becomes aware that any Borrower-Member has posted Prohibited Information, such Service Provider the Servicer shall take in relation thereto such actions as such Service Provider the Servicer then deems to be in the Company’s best interest (including, if such Service Provider the Servicer so determines, cancellation of the relevant Loan Listing or deletion of the Prohibited Information).

Appears in 2 contracts

Samples: Servicing Agreement (Prosper Funding LLC), Servicing Agreement (Prosper Funding LLC)

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