Common use of Company Confidential Information Clause in Contracts

Company Confidential Information. For a period of four (4) years following the Closing Date, subject to Section 7.2(c) and except as contemplated by this Agreement or any Transaction Document, Amneal Group shall not, and shall cause its Subsidiaries and their respective officers, directors, employees, and other agents and representatives (collectively, “Representatives”), not to, directly or indirectly, disclose, reveal, divulge or communicate to any Person, other than its Representatives or its Affiliates who reasonably need to know such information in providing services to any member of Amneal Group, any Company Confidential Information. If any disclosures are made in connection with providing services to any member of Amneal Group under this Agreement or any Transaction Document, then the Company Confidential Information so disclosed shall be disclosed solely to the extent necessary to perform such services. Amneal Group shall use the same degree of care to prevent and restrain the unauthorized use or disclosure of the Company Confidential Information by any of their Representatives as they currently use for their own confidential information of a like nature, but in no event less than a reasonable standard of care. For purposes of this Section 7.2(a), any Information relating to the business currently or formerly conducted, or proposed to be conducted, by any member of the Company Group furnished to or in the possession of any member of Amneal Group, irrespective of the form of communication, and all notes, analyses, compilations, forecasts, data, translations, studies, memoranda or other documents prepared by any member of Amneal Group or their respective officers, directors and Affiliates, that contain or otherwise reflect such Information is hereinafter referred to as “Company Confidential Information.” Company Confidential Information does not include, and there shall be no obligation hereunder with respect to, information that (i) is or becomes generally available to the public, other than as a result of a disclosure by any Amneal Group Member not otherwise permissible hereunder, (ii) Amneal Group can demonstrate was or became available to any Amneal Group Member from a source other than the Company or its Affiliates or (iii) is developed independently by an Amneal Group Member without reference to the Company Confidential Information; provided, however, that, in the case of clause (ii), the source of such information was not known by such member of Amneal Group to be bound by a confidentiality agreement with, or other contractual, legal or fiduciary obligation of confidentiality to, any member of the Company Group with respect to such information. In the event any Amneal Group Member receives Company Confidential Information after the Trigger Date, Amneal Group shall keep and shall cause its Representatives to keep such Company Confidential Information confidential for the period of one (1) year following the date such Company Confidential Information was disclosed to Amneal Group.

Company Confidential Information. For a period Manager shall maintain the confidentiality of four (4) years following the Closing Date, subject to Section 7.2(c) and except as contemplated by this Agreement or any Transaction Document, Amneal Group shall not, and shall cause its Subsidiaries and their respective officers, directors, employees, and other agents and representatives (collectively, “Representatives”), not to, directly or indirectly, disclose, reveal, divulge or communicate to any Person, other than its Representatives or its Affiliates who reasonably need to know such information in providing services to any member of Amneal Group, any Company Confidential Information. If any disclosures are made in connection with providing services to any member of Amneal Group under this Agreement or any Transaction Document, then the Company Confidential Information so disclosed shall be disclosed solely to the extent necessary to perform such services. Amneal Group shall use the same degree of care to prevent and restrain the unauthorized use or disclosure of the Company Confidential Information by any of their Representatives as they currently use for their own confidential information of a like nature, but in no event less than a reasonable standard of care. For purposes of this Section 7.2(a), any Information relating to the business currently or formerly conducted, or proposed to be conducted, by any member of the Company Group furnished to or in the possession of any member of Amneal Group, irrespective of the form of communication, and all notes, analyses, compilations, forecasts, data, translations, studies, memoranda or other documents prepared by any member of Amneal Group or their respective officers, directors and Affiliates, that contain or otherwise reflect such Information is hereinafter referred to as “Company Confidential Information.” Company Confidential Information does not include, and there shall be no obligation hereunder with respect to, information that (i) is or becomes generally available to the public, other than as a result of a disclosure by any Amneal Group Member not otherwise permissible hereunder, (ii) Amneal Group can demonstrate was or became available to any Amneal Group Member from a source other than the Company or its Affiliates or (iii) is developed independently by an Amneal Group Member without reference to the Company Confidential Information; provided, however, thatthat Manager may disclose such Confidential Information (i) to its Affiliates to the extent deemed by Manager to be reasonably necessary or desirable to enable it to perform the Services (provided, however, that such Affiliate has entered into a confidentiality agreement containing terms no less favorable than set forth in this Section 12 or such Affiliate is informed of the confidentiality and non-use provisions of this Agreement and agrees to comply with such provisions); (ii) to the extent necessary for Manager or its Affiliates to provide services for third parties that have interests in the Properties; (iii) in any judicial or alternative dispute resolution proceeding to resolve disputes between Manager or its Affiliates and Company or its Affiliates arising hereunder; (iv) to the extent disclosure is legally required under applicable Legal Requirements (provided, however, that prior to making any legally required disclosures in any judicial, regulatory or dispute resolution proceeding, Manager shall promptly Notify the Board thereof and, if requested by the Board, at Company’s sole cost and expense, seek a protective order or other relief to prevent or reduce the scope of such disclosure); (v) to Manager’s or its Affiliates’ existing or potential lenders, investors, joint interest owners, purchasers or other parties with whom Manager or its Affiliates may enter into contractual relationships, to the extent deemed by Manager to be reasonably necessary or desirable to enable it to perform the Services or to obtain the financing or to pursue such other transaction or contractual arrangement for which such disclosure is necessary or desirable, as applicable (provided, however, that such third party has entered into a confidentiality agreement for the benefit of Company containing terms no less favorable than set forth in this Section 12); (vi) if authorized by the Board or Officers, as appropriate, in writing; and (vii) to the extent such Confidential Information was already known to Manager or its Affiliates (through a source other than Company or its representatives or Affiliates) or becomes publicly available (other than through a breach by Manager of its obligations arising under this Section 12(a)) or is independently made known to Manager or its Affiliates (by a source not known by Manager or such Affiliate, as the case may be, to be in breach of clause a confidentiality obligation with respect to such disclosure). Manager acknowledges and agrees that (x) the Confidential Information is being furnished to it for the sole and exclusive purpose of enabling it to perform the Services and (y) the Confidential Information may not be used by it for any other purposes, unless disclosure is permitted by clauses (i), (ii), (iii), (iv), (v) and (vi) above, and in such event may be used solely to the source of such information was not known extent contemplated by such member of Amneal Group to be bound by a confidentiality agreement withclauses, or other contractual, legal or fiduciary obligation of confidentiality to, any member of the Company Group with respect to such information. In the event any Amneal Group Member receives Company Confidential Information after the Trigger Date, Amneal Group shall keep and shall cause its Representatives to keep such Company Confidential Information confidential for the period of one by clause (1) year following the date such Company Confidential Information was disclosed to Amneal Groupvii).

Company Confidential Information. For a period of four The Parties intend that the information related to the Company and its businesses, operations, assets and liabilities (4“Company Confidential Information”) years following the Closing Date, subject to Section 7.2(c) and except as contemplated is held by this Agreement or any Transaction Document, Amneal Group shall notcontrolled by, and is intended to be for the use and benefit of, the Company. Accordingly, Seller agrees that it shall, and it shall cause its Subsidiaries Affiliates and its and their respective directors, officers, directors, employees, agents, consultants and advisors (collectively with Seller, the “Subject Persons”) to, keep confidential and not use or disclose, any Company Confidential Information (other than as expressly contemplated by any other Transaction Document and other agents and than disclosure to its representatives (collectively, “Representatives”), not to, directly or indirectly, disclose, reveal, divulge or communicate to any Person, other than its Representatives or its Affiliates who reasonably need to know such information in providing services to any member of Amneal Group, any Company Confidential Information. If any disclosures are made in connection with providing services to any member of Amneal Group under this Agreement or any Transaction Document, then the Company Confidential Information so disclosed and for whom such Person shall be disclosed solely to the extent necessary to perform such services. Amneal Group shall use the same degree of care to prevent and restrain the unauthorized use or disclosure of the Company Confidential Information by any of their Representatives as they currently use responsible for their own confidential information of a like nature, but in no event less than a reasonable standard of care. For purposes of this Section 7.2(acompliance herewith), any Information relating to the business currently or formerly conducted, or proposed to be conducted, by any member of the Company Group furnished to or in the possession of any member of Amneal Group, irrespective of the form of communication, and all notes, analyses, compilations, forecasts, data, translations, studies, memoranda or other documents prepared by any member of Amneal Group or their respective officers, directors and Affiliates, that contain or otherwise reflect such Information is hereinafter referred to as “Company Confidential Information.” Company Confidential Information does not include, and there shall be no obligation hereunder with respect to, information that (i) is or becomes generally available to the public, other than as a result of a disclosure by any Amneal Group Member not otherwise permissible hereunder, (ii) Amneal Group can demonstrate was or became available to any Amneal Group Member from a source other than the Company or its Affiliates or (iii) is developed independently by an Amneal Group Member without reference to the Company Confidential Information; provided, however, that, that this Section 6.15 shall not restrict the disclosure or use of Company Confidential Information to the extent such information can be shown to have been (i) in the case of clause (ii), public domain other than through the source disclosure of such information was not by a Subject Person, (ii) already known to the Subject Person without obligations of confidentiality or other than through the Subject Person’s provisions of services for, or related to the ownership or management of, the Company by any other Subject Person, (iii) acquired after the date of this Agreement on a non-confidential basis from a third party, or (iv) independently generated by such member of Amneal Group Subject Person without any reference to be bound by a confidentiality agreement with, or any other contractual, legal or fiduciary obligation of confidentiality to, any member of the Company Group with respect to such informationConfidential Information. In the event any Amneal Group Member receives that a Subject Person is required by judicial or administrative process or other Legal Requirement to disclose Company Confidential Information after Information, Seller or the Trigger DateSubject Person shall, Amneal Group if possible, give the Company prompt notice of any such requirement and, at Company’s sole cost and expense, assist the Company in seeking a protective order or other appropriate remedy in response to such requirement. Nothing in this Section 6.15 shall keep and shall cause be deemed to be a restriction on any Subject Person’s operation of its Representatives to keep such Company Confidential Information confidential for business or any other expansion of Section 6.15 or the period of one (1) year following the date such Company Confidential Information was disclosed to Amneal Group.Non-Competition Agreement. 50

Company Confidential Information. For a period of four (4) years following the Closing Date, subject to Section 7.2(c) Seller and except as contemplated by this Agreement or any Transaction Document, Amneal Group shall not, and shall cause its Subsidiaries MWP acknowledge that they and their respective officers, directors, employees, and other agents and representatives (collectively, “Representatives”), not to, directly or indirectly, disclose, reveal, divulge or communicate to any Person, other than its Representatives or its Affiliates who reasonably need to know such information in providing services to any member of Amneal Group, any Subsidiaries have Company Confidential Information. If any disclosures are made in In connection with providing services to any member therewith, as of Amneal Group under this Agreement or any Transaction Documentthe Closing Date and thereafter, then Seller and MWP hereby covenant and agree that Seller, MWP and their respective Subsidiaries shall keep and hold the Company Confidential Information so disclosed in strict confidence and, except as otherwise provided in this Agreement (including in connection with the enforcement of Seller’s rights hereunder), shall be disclosed solely not use for any purpose, nor directly or indirectly disclose, distribute, publish, disseminate or otherwise make available to the extent necessary to perform such services. Amneal Group shall use the same degree of care to prevent and restrain the unauthorized use or disclosure any third party, any of the Company Confidential Information by any of their Representatives as they currently use for their own confidential information of a like nature, but in no event less than a reasonable standard of care. For purposes of this Section 7.2(a), any Information relating to the business currently or formerly conducted, or proposed to be conducted, by any member of the Company Group furnished to or in the possession of any member of Amneal Group, irrespective of the form of communication, and all notes, analyses, compilations, forecasts, data, translations, studies, memoranda or other documents prepared by any member of Amneal Group or their respective officers, directors and Affiliates, that contain or otherwise reflect such Information is hereinafter referred to as “Company Confidential Information.” Company Confidential Information does not include, and there shall be no obligation hereunder with respect to, information that (i) is or becomes generally available to the public, other than as a result of a disclosure by any Amneal Group Member not otherwise permissible hereunder, (ii) Amneal Group can demonstrate was or became available to any Amneal Group Member from a source other than the Company or its Affiliates or (iii) is developed independently by an Amneal Group Member without reference to the Company Confidential InformationBuyer’s prior written consent; provided, however, thatthat if Seller, in MWP or any of their respective Subsidiaries (and/or any of their Representatives) is requested or required to disclose any Company Confidential Information by judicial or administrative process or by other requirements of applicable Law, then Seller, MWP or the case of clause (ii), the source of such information was not known by such member of Amneal Group applicable Subsidiary shall promptly notify Buyer and shall cooperate with Buyer to be bound by obtain a confidentiality agreement with, protective order or other contractual, legal or fiduciary obligation of confidentiality to, any member appropriate remedy in respect of the Company Group with respect to such informationConfidential Information at issue. In the event any Amneal Group Member receives Company Confidential Information after such order or remedy cannot be obtained or Buyer waives compliance with the Trigger Dateterms of this Section 5.10, Amneal Group shall keep and shall cause its Representatives to keep then Seller, MWP or their applicable Subsidiary may disclose only that portion of such Company Confidential Information confidential for which Seller, MWP or such Subsidiary is advised by its outside counsel is legally required to be disclosed. Notwithstanding anything to the period contrary set forth herein, nothing in this Section 5.10 shall limit the right of one (1) year following the date such Seller, MWP or any of their respective Subsidiaries to use or disclose any Company Confidential Information was disclosed in connection with but only to Amneal Groupthe extent necessary for Seller, MWP and their respective Subsidiaries to comply with any lawful requirement of a Governmental Entity or with any applicable Law, including any applicable securities Laws or securities exchange or listing regulations or requirements, or prepare their financial statements or prepare and file their Tax Returns and other Tax filings.

Company Confidential Information. For Each Stockholder recognizes -------------------------------- and acknowledges that: (a) such Stockholder shall acquire information that could include, in whole or in part, information concerning the Company's financial affairs, business strategy, know-how, marketing, suppliers, customers, accounting, business relationships, employees and trade secrets or other confidential or proprietary information belonging to the Company or relating to the Company's affairs (collectively, the "Company Confidential Information"); -------------------------------- (b) the Company Confidential Information is the property of the Company; (c) the use, misappropriation or disclosure of the Company Confidential Information would constitute a period breach of four trust and could cause irreparable injury to the Company; and (4d) years following it is essential to the Closing Date, subject protection of the Company's good will and to Section 7.2(c) and except as contemplated by this Agreement or any Transaction Document, Amneal Group the maintenance of the Company's competitive position that the Company Confidential Information be kept secret. Each Stockholder covenants that he shall not, without the prior written consent of the Company in each instance, divulge or disclose to anyone other than an officer, director, employee, or authorized representative of the Company or such Stockholder any Company Confidential Information or use any Company Confidential Information for any purpose other than for the benefit of the Company, nor shall the Stockholder cause or permit any other person controlled by him to do any of the foregoing; provided, however, that this restriction shall not apply to (i) any Company -------- ------- Confidential Information that is in the public domain (either generally or in the industry in which the Company operates) as of the date hereof or enters the public domain without breach of this Agreement by such Stockholder, (ii) any use and shall cause disclosure of Company Confidential Information in the proper conduct of the business of the Company and consistent with the instructions of the Company, (iii) any Company Confidential Information that such Stockholder is required to disclose pursuant to an order, subpoena or request of a court of competent jurisdiction or another government agency or is otherwise legally required to be disclosed, (iv) Company Confidential Information that is known by such Stockholder or its Subsidiaries and Affiliates, or any of their respective officers, directors, employees, and other agents and or representatives (collectively, “collectively "Representatives”), not to, directly ") as of the date hereof or indirectly, disclose, reveal, divulge is developed by such Stockholder or communicate to any Person, other than its Representatives or its Affiliates who reasonably need to know independent of the disclosure of such information in providing services to any member of Amneal Grouphereunder by the Company, any Company Confidential Information. If any disclosures are made in connection with providing services to any member of Amneal Group under this Agreement or any Transaction Document, then the (v) Company Confidential Information so disclosed shall be disclosed solely to the extent necessary to perform that is lawfully received by such services. Amneal Group shall use the same degree of care to prevent and restrain the unauthorized use Stockholder or disclosure of the Company Confidential Information by any of their its Representatives as they currently use for their own confidential information of a like nature, but in no event less than a reasonable standard of care. For purposes of this Section 7.2(a), any Information relating to the business currently or formerly conducted, or proposed to be conducted, by any member of the Company Group furnished to or in the possession of any member of Amneal Group, irrespective of the form of communication, and all notes, analyses, compilations, forecasts, data, translations, studies, memoranda or other documents prepared by any member of Amneal Group or their respective officers, directors and Affiliates, that contain or otherwise reflect such Information is hereinafter referred to as “Company Confidential Information.” Company Confidential Information does not include, and there shall be no obligation hereunder with respect to, information that (i) is or becomes generally available to the public, other than as a result of a disclosure by any Amneal Group Member not otherwise permissible hereunder, (ii) Amneal Group can demonstrate was or became available to any Amneal Group Member from a source other than the Company or its Affiliates or (iii) provided that such source is developed independently by an Amneal Group Member without reference to the Company Confidential Information; provided, however, that, in the case of clause (ii), the source of such information was not known by such member of Amneal Group Stockholder or its Representatives to be bound by a confidentiality agreement with, or other contractual, legal or fiduciary have breached any obligation of confidentiality to, any member of confidence owed to the Company Group with respect to such information. In the event information and (vi) any Amneal Group Member receives Company Confidential Information after the Trigger Datedisclosure by GAP LP, Amneal Group shall keep and shall cause its Representatives GAP 49 or GAP 60 to keep such Company Confidential Information confidential for the period (a) members of one GAP LLC, (1b) year following the date such Company Confidential Information was disclosed to Amneal Groupemployees of General Atlantic Service Corporation or (c) any limited partner of GAP Coinvestment, GAP Coinvestment II, GAP LP, GAP 49 or GAP 60 consistent with GAP Coinvestment's, GAP Coinvestment II's, GAP LP's, GAP 49's or GAP 60's periodic reporting requirements.

Company Confidential Information. For a period Manager shall maintain the confidentiality of four all Company Confidential Information; provided, however, that Manager may disclose such Company Confidential Information (4i) years following to its Affiliates to the Closing Dateextent deemed by Manager to be reasonably necessary or desirable to enable it to perform the Services (provided, subject to Section 7.2(c) however, that such Affiliate is informed of the confidentiality and except as contemplated by non use provisions of this Agreement or any Transaction Document, Amneal Group shall not, and shall cause its Subsidiaries and their respective officers, directors, employees, and other agents and representatives agrees to comply with such provisions); (collectively, “Representatives”), not to, directly or indirectly, disclose, reveal, divulge or communicate ii) to any Person, other than its Representatives the extent necessary for Manager or its Affiliates who reasonably need to know provide services for Third Parties that have interests in the Properties; (iii) in any judicial or alternative dispute resolution proceeding to resolve disputes between Manager or its Affiliates and Company or its Affiliates arising hereunder; (iv) to the extent disclosure is legally required under applicable Laws (provided, however, that prior to making any legally required disclosures in any judicial, regulatory or dispute resolution proceeding, Manager shall promptly notify the Company and, if requested by the Company and at the Company’s sole cost and expense, seek a protective order or other relief to prevent or reduce the scope of such information in providing services to any member of Amneal Group, any Company Confidential Information. If any disclosures are made in connection with providing services to any member of Amneal Group under this Agreement disclosure) or any Transaction Documentagreement existing on the date hereof to which Manager is a party or by which it is bound and which have been disclosed to the Company; (v) to Manager’s or its Affiliates’ existing or potential lenders, then investors, joint interest owners, purchasers or other parties with whom Manager or its Affiliates may enter into contractual relationships, to the extent deemed by Manager to be reasonably necessary or desirable to enable it to perform the Services or to obtain the financing or to pursue such other transaction or contractual arrangement for which such disclosure is necessary or desirable, as applicable (provided, however, that Manager shall require such Third Parties to agree to maintain the confidentiality of the Company Confidential Information so disclosed shall be disclosed solely disclosed); (vi) if authorized by the Company; and (vii) to the extent necessary to perform such services. Amneal Group shall use the same degree of care to prevent and restrain the unauthorized use or disclosure of the Company Confidential Information by any of their Representatives as they currently use for their own confidential information of a like nature, but in no event less than a reasonable standard of care. For purposes of this Section 7.2(a), any Information relating was already known to the business currently Manager or formerly conducted, or proposed to be conducted, by any member of the Company Group furnished to or in the possession of any member of Amneal Group, irrespective of the form of communication, and all notes, analyses, compilations, forecasts, data, translations, studies, memoranda or other documents prepared by any member of Amneal Group or their respective officers, directors and Affiliates, that contain or otherwise reflect such Information is hereinafter referred to as “Company Confidential Information.” Company Confidential Information does not include, and there shall be no obligation hereunder with respect to, information that its Affiliates (i) is or becomes generally available to the public, other than as a result of a disclosure by any Amneal Group Member not otherwise permissible hereunder, (ii) Amneal Group can demonstrate was or became available to any Amneal Group Member from through a source other than the Company or its representatives or Affiliates) or becomes publicly available other than through a breach by Manager of its obligations arising under this Section 7.14(a) or is independently made known to Manager or its Affiliates (by a source not known by Manager or such Affiliate, as the case may be, to be in breach of a confidentiality obligation with respect to such disclosure). Manager acknowledges and agrees that (iiix) is developed independently by an Amneal Group Member without reference to the Company Confidential Information; providedInformation is being furnished to it for the sole and exclusive purpose of enabling it to perform the Services and (y) the Company Confidential Information may not be used by it for any other purposes, howeverunless disclosure is permitted by clauses (i), that, in the case of clause (ii), (iii), (iv), (v) and (vi) above, and in such event may be used solely to the source of such information was not known extent contemplated by such member of Amneal Group to be bound by a confidentiality agreement withclauses, or other contractual, legal or fiduciary obligation of confidentiality to, any member of the Company Group with respect to such information. In the event any Amneal Group Member receives Company Confidential Information after the Trigger Date, Amneal Group shall keep and shall cause its Representatives to keep such Company Confidential Information confidential for the period of one by clause (1) year following the date such Company Confidential Information was disclosed to Amneal Groupvii).

Company Confidential Information. For a period of four (4) years following Each Stockholder -------------------------------- recognizes and acknowledges that such Stockholder shall acquire information that could include, in whole or in part, information concerning the Closing DateCompany's financial affairs, subject business strategy, know-how, marketing, suppliers, customers, accounting, business relationships, employees and trade secrets or other confidential or proprietary information belonging to Section 7.2(c) and except as contemplated by this Agreement the Company or any Transaction Document, Amneal Group shall not, and shall cause its Subsidiaries and their respective officers, directors, employees, and other agents and representatives relating to the Company's affairs (collectively, “Representatives”), not to, directly or indirectly, disclose, reveal, divulge or communicate to any Person, other than its Representatives or its Affiliates who reasonably need to know such information in providing services to any member of Amneal Group, any the "Company Confidential Information. If any disclosures are made in connection with providing services to any member of Amneal Group under this Agreement or any Transaction Document, then "); -------------------------------- (b) the Company Confidential Information so disclosed shall be disclosed solely to is the extent necessary to perform such services. Amneal Group shall use property of the same degree of care to prevent and restrain Company; (c) the unauthorized use use, misappropriation or disclosure of the Company Confidential Information by any would constitute a breach of their Representatives as they currently use for their own confidential information of a like nature, but in no event less than a reasonable standard of care. For purposes of this Section 7.2(a), any Information relating trust and could cause irreparable injury to the business currently or formerly conductedCompany; and (d) it is essential to the protection of the Company's good will and to the maintenance of the Company's competitive position that the Company Confidential Information be kept secret. Each Stockholder covenants that he shall not, or proposed to be conducted, by any member without the prior written consent of the Company Group furnished in each instance, divulge or disclose to anyone other than an officer, director, employee, or in the possession of any member of Amneal Group, irrespective authorized representative of the form of communication, and all notes, analyses, compilations, forecasts, data, translations, studies, memoranda or other documents prepared by Company any member of Amneal Group or their respective officers, directors and Affiliates, that contain or otherwise reflect such Information is hereinafter referred to as “Company Confidential Information.” Company Confidential Information does not include, and there shall be no obligation hereunder with respect to, information that (i) is or becomes generally available to the public, use any Company Confidential Information for any purpose other than as a result for the benefit of a disclosure the Company, nor shall the Stockholder cause or permit any other person controlled by him to do any Amneal Group Member not otherwise permissible hereunder, (ii) Amneal Group can demonstrate was or became available to any Amneal Group Member from a source other than of the Company or its Affiliates or (iii) is developed independently by an Amneal Group Member without reference to the Company Confidential Informationforegoing; provided, however, thatthat -------- ------- this restriction shall not apply to (i) any Company Confidential Information that enters the public domain through no fault of the Stockholder, (ii) any use and disclosure of Company Confidential Information in the case proper conduct of clause (ii), the source of such information was not known by such member of Amneal Group to be bound by a confidentiality agreement with, or other contractual, legal or fiduciary obligation of confidentiality to, any member business of the Company Group and consistent with respect to such information. In the event instructions of the Company, (iii) any Amneal Group Member receives Company Confidential Information after that the Trigger DateStockholder is required to disclose pursuant to an order of a court of competent jurisdiction or another government agency having appropriate authority and (iv) any disclosure by GAP LP, Amneal Group shall keep and shall cause its Representatives GAP 49 or GAP 60 to keep such Company Confidential Information confidential for the period (a) members of one GAP LLC, (1b) year following the date such Company Confidential Information was disclosed to Amneal Groupemployees of General Atlantic Service Corporation or (c) any limited partner of GAP LP, GAP 49 or GAP 60 consistent with GAP LP's, GAP 49's or GAP 60's periodic reporting requirements.

Company Confidential Information. For a period Manager shall maintain the confidentiality of four all Company Confidential Information; provided, however, that Manager may disclose such Company Confidential Information (4i) years following to its Affiliates to the Closing Dateextent deemed by Manager to be reasonably necessary or desirable to enable it to perform the Services (provided, subject to Section 7.2(c) however, that such Affiliate is informed of the confidentiality and except as contemplated by non use provisions of this Agreement or any Transaction Document, Amneal Group shall not, and shall cause its Subsidiaries and their respective officers, directors, employees, and other agents and representatives agrees to comply with such provisions); (collectively, “Representatives”), not to, directly or indirectly, disclose, reveal, divulge or communicate ii) to any Person, other than its Representatives the extent necessary for Manager or its Affiliates who reasonably need to know provide services for Third Parties that have interests in the Company Group’s properties; (iii) in any judicial or alternative dispute resolution proceeding to resolve disputes between Manager or its Affiliates and Company or its Affiliates arising hereunder; (iv) to the extent disclosure is legally required under applicable Laws (provided, however, that prior to making any legally required disclosures in any judicial, regulatory or dispute resolution proceeding, Manager shall promptly notify the Company and, if requested by the Company and at the Company’s sole cost and expense, seek a protective order or other relief to prevent or reduce the scope of such information in providing services to any member of Amneal Group, any Company Confidential Information. If any disclosures are made in connection with providing services to any member of Amneal Group under this Agreement disclosure) or any Transaction Documentagreement existing on the date hereof to which Manager is a party or by which it is bound and which have been disclosed to the Company; (v) to Manager’s or its Affiliates’ existing or potential lenders, then investors, joint interest owners, purchasers or other parties with whom Manager or its Affiliates may enter into contractual relationships, to the extent deemed by Manager to be reasonably necessary or desirable to enable it to perform the Services or to obtain the financing or to pursue such other transaction or contractual arrangement for which such disclosure is necessary or desirable, as applicable (provided, however, that Manager shall require such Third Parties to agree to maintain the confidentiality of the Company Confidential Information so disclosed shall be disclosed solely disclosed); (vi) if authorized by the Company; and (vii) to the extent necessary to perform such services. Amneal Group shall use the same degree of care to prevent and restrain the unauthorized use or disclosure of the Company Confidential Information by any of their Representatives as they currently use for their own confidential information of a like nature, but in no event less than a reasonable standard of care. For purposes of this Section 7.2(a), any Information relating was already known to the business currently Manager or formerly conducted, or proposed to be conducted, by any member of the Company Group furnished to or in the possession of any member of Amneal Group, irrespective of the form of communication, and all notes, analyses, compilations, forecasts, data, translations, studies, memoranda or other documents prepared by any member of Amneal Group or their respective officers, directors and Affiliates, that contain or otherwise reflect such Information is hereinafter referred to as “Company Confidential Information.” Company Confidential Information does not include, and there shall be no obligation hereunder with respect to, information that its Affiliates (i) is or becomes generally available to the public, other than as a result of a disclosure by any Amneal Group Member not otherwise permissible hereunder, (ii) Amneal Group can demonstrate was or became available to any Amneal Group Member from through a source other than the Company or its representatives or Affiliates) or becomes publicly available other than through a breach by Manager of its obligations arising under this Section 7.14(a) or is independently made known to Manager or its Affiliates (by a source not known by Manager or such Affiliate, as the case may be, to be in breach of a confidentiality obligation with respect to such disclosure). Manager acknowledges and agrees that (iiix) is developed independently by an Amneal Group Member without reference to the Company Confidential Information; providedInformation is being furnished to it for the sole and exclusive purpose of enabling it to perform the Services and (y) the Company Confidential Information may not be used by it for any other purposes, howeverunless disclosure is permitted by clauses (i), that, in the case of clause (ii), (iii), (iv), (v) and (vi) above, and in such event may be used solely to the source of such information was not known extent contemplated by such member of Amneal Group to be bound by a confidentiality agreement withclauses, or other contractual, legal or fiduciary obligation of confidentiality to, any member of the Company Group with respect to such information. In the event any Amneal Group Member receives Company Confidential Information after the Trigger Date, Amneal Group shall keep and shall cause its Representatives to keep such Company Confidential Information confidential for the period of one by clause (1) year following the date such Company Confidential Information was disclosed to Amneal Groupvii).

Company Confidential Information. For a period Manager shall maintain the confidentiality of four (4) years following the Closing Date, subject to Section 7.2(c) and except as contemplated by this Agreement or any Transaction Document, Amneal Group shall not, and shall cause its Subsidiaries and their respective officers, directors, employees, and other agents and representatives (collectively, “Representatives”), not to, directly or indirectly, disclose, reveal, divulge or communicate to any Person, other than its Representatives or its Affiliates who reasonably need to know such information in providing services to any member of Amneal Group, any Company Confidential Information. If any disclosures are made in connection with providing services to any member of Amneal Group under this Agreement or any Transaction Document, then the Company Confidential Information so disclosed shall be disclosed solely to the extent necessary to perform such services. Amneal Group shall use the same degree of care to prevent and restrain the unauthorized use or disclosure of the Company Confidential Information by any of their Representatives as they currently use for their own confidential information of a like nature, but in no event less than a reasonable standard of care. For purposes of this Section 7.2(a), any Information relating to the business currently or formerly conducted, or proposed to be conducted, by any member of the Company Group furnished to or in the possession of any member of Amneal Group, irrespective of the form of communication, and all notes, analyses, compilations, forecasts, data, translations, studies, memoranda or other documents prepared by any member of Amneal Group or their respective officers, directors and Affiliates, that contain or otherwise reflect such Information is hereinafter referred to as “Company Confidential Information.” Company Confidential Information does not include, and there shall be no obligation hereunder with respect to, information that (i) is or becomes generally available to the public, other than as a result of a disclosure by any Amneal Group Member not otherwise permissible hereunder, (ii) Amneal Group can demonstrate was or became available to any Amneal Group Member from a source other than the Company or its Affiliates or (iii) is developed independently by an Amneal Group Member without reference to the Company Confidential Information; provided, however, thatthat Manager may disclose such Confidential Information (i) to its Affiliates to the extent deemed by Manager to be reasonably necessary or desirable to enable it to perform the Services (provided, however, that such Affiliate has entered into a confidentiality agreement containing terms no less favorable than set forth in this Section 11 or such Affiliate is informed of the confidentiality and non-use provisions of this Agreement and agrees to comply with such provisions); (ii) to the extent necessary for Manager or its Affiliates to provide services for third parties that have interests in the Properties; (iii) in any judicial or alternative dispute resolution proceeding to resolve disputes between Manager or its Affiliates and Company or its Affiliates arising hereunder; (iv) to the extent disclosure is legally required under applicable Legal Requirements (provided, however, that prior to making any legally required disclosures in any judicial, regulatory or dispute resolution proceeding, Manager shall promptly Notify the Board thereof and, if requested by the Board, at Company’s sole cost and expense, seek a protective order or other relief to prevent or reduce the scope of such disclosure); (v) to Manager’s or its Affiliates’ existing or potential lenders, investors, joint interest owners, purchasers or other parties with whom Manager or its Affiliates may enter into contractual relationships, to the extent deemed by Manager to be reasonably necessary or desirable to enable it to perform the Services or to obtain the financing or to pursue such other transaction or contractual arrangement for which such disclosure is necessary or desirable, as applicable (provided, however, that such third party has entered into a confidentiality agreement for the benefit of Company containing terms no less favorable than set forth in this Section 11); (vi) if authorized by the Board or Officers, as appropriate, in writing; and (vii) to the case extent such Confidential Information was already known to Manager or its Affiliates (through a source other than Company or its representatives or Affiliates) or becomes publicly available (other than through a breach by Manager of clause its obligations arising under this Section 11(a)) or is independently made known to Manager or its Affiliates (ii), the by a source of such information was not known by Manager or such member of Amneal Group Affiliate, as the case may be, to be bound by in breach of a confidentiality agreement with, or other contractual, legal or fiduciary obligation of confidentiality to, any member of the Company Group with respect to such informationdisclosure). In Manager acknowledges and agrees that (x) the event any Amneal Group Member receives Company Confidential Information after the Trigger Date, Amneal Group shall keep and shall cause its Representatives is being furnished to keep such Company Confidential Information confidential it for the period sole and exclusive purpose of one (1) year following enabling it to perform the date such Company Confidential Information was disclosed to Amneal Group.Services and

Company Confidential Information. For a period of four (4) years following the Closing Date, subject to Section 7.2(c) and except as contemplated by this Agreement or any Transaction Document, Amneal Group shall not, and shall cause its Subsidiaries and their respective officers, directors, employees, and other agents and representatives (collectively, “Representatives”), not to, directly or indirectly, disclose, reveal, divulge or communicate to any Person, other than its Representatives or its Affiliates who reasonably need to know such information in providing services to any member of Amneal Group, any Company Confidential Information. If any disclosures are made in connection with providing services to any member of Amneal Group under this Agreement or any Transaction Document, then the Company Confidential Information so disclosed shall be disclosed solely to the extent necessary to perform such services. Amneal Group shall use the same degree of care to prevent and restrain the unauthorized use or disclosure of the Company Confidential Information by any of their Representatives as they currently use for their own confidential information of a like nature, but in no event less than a reasonable standard of care. For purposes of this Section 7.2(a), any Information relating to the business currently or formerly conducted, or proposed to be conducted, by any member of the Company Group furnished to or in the possession of any member of Amneal Group, irrespective of the form of communication, and all notes, analyses, compilations, forecasts, data, translations, studies, memoranda or other documents Table of Contents prepared by any member of Amneal Group or their respective officers, directors and Affiliates, that contain or otherwise reflect such Information is hereinafter referred to as “Company Confidential Information.” Company Confidential Information does not include, and there shall be no obligation hereunder with respect to, information that (i) is or becomes generally available to the public, other than as a result of a disclosure by any Amneal Group Member not otherwise permissible hereunder, (ii) Amneal Group can demonstrate was or became available to any Amneal Group Member from a source other than the Company or its Affiliates or (iii) is developed independently by an Amneal Group Member without reference to the Company Confidential Information; provided, however, that, in the case of clause (ii), the source of such information was not known by such member of Amneal Group to be bound by a confidentiality agreement with, or other contractual, legal or fiduciary obligation of confidentiality to, any member of the Company Group with respect to such information. In the event any Amneal Group Member receives Company Confidential Information after the Trigger Date, Amneal Group shall keep and shall cause its Representatives to keep such Company Confidential Information confidential for the period of one (1) year following the date such Company Confidential Information was disclosed to Amneal Group.

Company Confidential Information. For a period (a) Each of four (4) years following the Closing DateParties recognize that it, subject to Section 7.2(c) or its Affiliates, Permitted Transferees and except as contemplated by Representatives, has acquired or will acquire Company Confidential Information in connection with this Agreement or any Transaction Documentotherwise, Amneal Group shall notthe use or disclosure of which could cause the Company substantial loss and damages that could not be readily calculated and for which no remedy at Law would be adequate. Accordingly, each Party, severally and shall not jointly, covenants and agrees with the Company that it will not (and will cause its Subsidiaries respective Affiliates, Associated Individuals and their respective officers, directors, employees, and other agents and representatives (collectively, “Representatives”), Representatives not to) at any time, except with the prior written consent of the Company, directly or indirectly, disclosedisclose any Company Confidential Information known to it to any third party. Nothing in this Agreement shall prohibit any of the Investor Stockholders from disclosing Company Confidential Information to any Affiliate, revealRepresentative, divulge limited partner, member, shareholder or communicate beneficiary of such Investor Stockholder in accordance with Section 6.1; provided that such Investor Stockholder shall be responsible for any breach of this Section 6.2 by any such Person. No Company Confidential Information shall be deemed to be provided to any Person, other than its Representatives or its Affiliates who reasonably need to know including any Affiliate of a Party and no Person shall have any obligation hereunder, unless such information in providing services to any member of Amneal Group, any Company Confidential InformationInformation is actually received by such Person. If any disclosures are made Notwithstanding the foregoing or anything to the contrary herein, each of the Investor Stockholders may disclose Company Confidential Information in connection with providing services routine supervisory audit or regulatory examinations (including by regulatory or self-regulatory bodies) to which they are subject in the course of their respective businesses without liability hereunder and shall not be required to provide notice to any member party in the course of Amneal Group under this Agreement any such routine supervisory audit or regulatory examination, provided that (i) such routine audit or examination does not specifically target the Company, any Transaction Document, then of its subsidiaries or the Company Confidential Information so disclosed shall be disclosed solely to the extent necessary to perform such services. Amneal Group shall use the same degree of care to prevent and restrain the unauthorized use or disclosure of the Company Confidential Information by any of their Representatives as they currently use for their own confidential information of a like nature, but in no event less than a reasonable standard of care. For purposes of this Section 7.2(a), any Information relating to the business currently or formerly conducted, or proposed to be conducted, by any member of the Company Group furnished to or in the possession of any member of Amneal Group, irrespective of the form of communication, and all notes, analyses, compilations, forecasts, data, translations, studies, memoranda or other documents prepared by any member of Amneal Group or their respective officers, directors and Affiliates, that contain or otherwise reflect such Information is hereinafter referred to as “Company Confidential Information.” Company Confidential Information does not include, and there shall be no obligation hereunder with respect to, information that (i) is or becomes generally available to the public, other than as a result of a disclosure by any Amneal Group Member not otherwise permissible hereunder, (ii) Amneal Group can demonstrate was or became available to any Amneal Group Member from each Investor Stockholder that is a source other than the Company or its Affiliates or (iii) is developed independently by an Amneal Group Member without reference to the Company Confidential Information; providedprivate equity, however, that, in the case of clause (ii), the source of such information was not known by such member of Amneal Group to be bound by a confidentiality agreement with, venture capital or other contractualinvestment firm and their respective Affiliates may provide information about the subject matter of this Agreement to prospective and existing investors in connection with fund raising, legal marketing, informational, transactional or fiduciary obligation of confidentiality to, any member of the Company Group with respect to such information. In the event any Amneal Group Member receives Company Confidential Information after the Trigger Date, Amneal Group shall keep and shall cause its Representatives to keep such Company Confidential Information confidential for the period of one (1) year following the date such Company Confidential Information was disclosed to Amneal Groupreporting activities.

Company Confidential Information. For a period None of four (4) years following the Closing DateMembers, subject to Section 7.2(c) and except as contemplated by this Agreement any Director, or any Transaction Document, Amneal Group shall not, and shall cause its Subsidiaries and of their respective representatives shall, without the prior written consent of the Company, divulge, disclose or make accessible to any other Person (other than its officers, directors, employees, agents, professional advisors and other agents and representatives (collectively, “Representatives”partners), not toor use for its own benefit in connection with matters unrelated to the Company, directly any Confidential Information (as herein defined), except (i) to potential purchasers of Shares when such potential purchasers have entered into a valid and binding confidentiality agreement that is no less restrictive than the terms contained herein, (ii) when required to do so by applicable law or indirectlyregulations or by a court of competent jurisdiction, discloseby any governmental agency having supervisory authority or by any administrative body or legislative body (including a committee thereof) with purported or apparent jurisdiction to order such Person to divulge, reveal, divulge disclose or communicate make accessible such information or (iii) to any Affiliate of such Person or accountant, legal counsel or other advisors (including any advisors and sub‑advisors to the funds and accounts managed by such Person, other than its Representatives or its Affiliates who reasonably ) of such Person that need to know such information in providing services to any member of Amneal Group, any Company Confidential Information. If any disclosures are made in connection with providing services such Members' or Directors' investment, obligations or duties with respect to the Company (such Persons, the "Representatives") (provided, with respect to this clause (iii), each such Representative agrees to comply with the provisions of this Section 3.6(a) with respect to such Confidential Information received by such Representative); notwithstanding anything in this Agreement to the contrary, the Company acknowledges that the Members' and their respective Representatives' businesses include the analysis of, and investment in, securities, instruments, businesses and assets and the review of the Confidential Information given to the Members and their respective Representatives inevitably will serve to give the Members and their respective Representatives a deeper overall knowledge and understanding in a way that cannot be separated from the Members' or such Representatives' other knowledge. Accordingly, and without in any member of Amneal Group way limiting the Members' obligations under this Agreement or any Transaction DocumentAgreement, then the Company Confidential Information so disclosed agrees that this Agreement shall be disclosed solely not restrict the Members' use of such overall, generalized knowledge and understanding retained in the unaided memory of individual personnel for the Members' own internal purposes, including the purchase, sale, consideration of, and decisions related to the extent necessary to perform such services. Amneal Group shall use the same degree of care to prevent and restrain the unauthorized use or disclosure of the Company Confidential Information by any of their Representatives as they currently use for their own confidential information of a like nature, but in no event less than a reasonable standard of careother investments. For purposes of this Section 7.2(a)Agreement, any Information relating to the business currently or formerly conducted, or proposed to be conducted, by any member of the Company Group furnished to or in the possession of any member of Amneal Group, irrespective of the form of communication, and all notes, analyses, compilations, forecasts, data, translations, studies, memoranda or other documents prepared by any member of Amneal Group or their respective officers, directors and Affiliates, that contain or otherwise reflect such Information is hereinafter referred to as “Company Confidential Information.” Company Confidential Information does not include, and there shall be no obligation hereunder with respect to, information that (i) is or becomes generally available to the public, other than as a result of a disclosure by any Amneal Group Member not otherwise permissible hereunder, (ii) Amneal Group can demonstrate was or became available to any Amneal Group Member from a source other than the Company or its Affiliates or (iii) is developed independently by an Amneal Group Member without reference to the Company Confidential Information; provided, however, that, in the case of clause (ii), the source of such information was not known by such member of Amneal Group to be bound by a confidentiality agreement with, or other contractual, legal or fiduciary obligation of confidentiality to, any member of the Company Group with respect to such information. In the event any Amneal Group Member receives Company Confidential Information after the Trigger Date, Amneal Group shall keep and shall cause its Representatives to keep such Company Confidential Information confidential for the period of one (1) year following the date such Company Confidential Information was disclosed to Amneal Group."Confidential

Company Confidential Information. For a period Manager shall maintain the confidentiality of four (4) years following the Closing Date, subject to Section 7.2(c) and except as contemplated by this Agreement or any Transaction Document, Amneal Group shall not, and shall cause its Subsidiaries and their respective officers, directors, employees, and other agents and representatives (collectively, “Representatives”), not to, directly or indirectly, disclose, reveal, divulge or communicate to any Person, other than its Representatives or its Affiliates who reasonably need to know such information in providing services to any member of Amneal Group, any Company Confidential Information. If any disclosures are made in connection with providing services to any member of Amneal Group under this Agreement or any Transaction Document, then the Company Confidential Information so disclosed shall be disclosed solely to the extent necessary to perform such services. Amneal Group shall use the same degree of care to prevent and restrain the unauthorized use or disclosure of the Company Confidential Information by any of their Representatives as they currently use for their own confidential information of a like nature, but in no event less than a reasonable standard of care. For purposes of this Section 7.2(a), any Information relating to the business currently or formerly conducted, or proposed to be conducted, by any member of the Company Group furnished to or in the possession of any member of Amneal Group, irrespective of the form of communication, and all notes, analyses, compilations, forecasts, data, translations, studies, memoranda or other documents prepared by any member of Amneal Group or their respective officers, directors and Affiliates, that contain or otherwise reflect such Information is hereinafter referred to as “Company Confidential Information.” Company Confidential Information does not include, and there shall be no obligation hereunder with respect to, information that (i) is or becomes generally available to the public, other than as a result of a disclosure by any Amneal Group Member not otherwise permissible hereunder, (ii) Amneal Group can demonstrate was or became available to any Amneal Group Member from a source other than the Company or its Affiliates or (iii) is developed independently by an Amneal Group Member without reference to the Company Confidential Information; provided, however, thatthat Manager may disclose such Confidential Information (i) to its Affiliates to the extent deemed by Manager to be reasonably necessary or desirable to enable it to perform the Services (provided, however, that such Affiliate has entered into a confidentiality agreement containing terms no less favorable than set forth in this Section 11 or such Affiliate is informed of the confidentiality and non-use provisions of this Agreement and agrees to comply with such provisions); (ii) to the extent necessary for Manager or its Affiliates to provide services for third parties that have interests in the Properties; (iii) in any judicial or alternative dispute resolution proceeding to resolve disputes between Manager or its Affiliates and Company or its Affiliates arising hereunder; (iv) to the extent disclosure is legally required under applicable Legal Requirements (provided, however, that prior to making any legally required disclosures in any judicial, regulatory or dispute resolution proceeding, Manager shall promptly Notify the Board thereof and, if requested by the Board, at Company’s sole cost and expense, seek a protective order or other relief to prevent or reduce the scope of such disclosure); (v) to Manager’s or its Affiliates’ existing or potential lenders, investors, joint interest owners, purchasers or other parties with whom Manager or its Affiliates may enter into contractual relationships, to the extent deemed by Manager to be reasonably necessary or desirable to enable it to perform the Services or to obtain the financing or to pursue such other transaction or contractual arrangement for which such disclosure is necessary or desirable, as applicable (provided, however, that such third party has entered into a confidentiality agreement for the benefit of Company containing terms no less favorable than set forth in this Section 11); (vi) if authorized by the Board or Officers, as appropriate, in writing; and (vii) to the extent such Confidential Information was already known to Manager or its Affiliates (through a source other than Company or its representatives or Affiliates) or becomes publicly available (other than through a breach by Manager of its obligations arising under this Section 11(a)) or is independently made known to Manager or its Affiliates (by a source not known by Manager or such Affiliate, as the case may be, to be in breach of clause a confidentiality obligation with respect to such disclosure). Manager acknowledges and agrees that (x) the Confidential Information is being furnished to it for the sole and exclusive purpose of enabling it to perform the Services and (y) the Confidential Information may not be used by it for any other purposes, unless disclosure is permitted by clauses (i), (ii), (iii), (iv), (v) and (vi) above, and in such event may be used solely to the source of such information was not known extent contemplated by such member of Amneal Group to be bound by a confidentiality agreement withclauses, or other contractual, legal or fiduciary obligation of confidentiality to, any member of the Company Group with respect to such information. In the event any Amneal Group Member receives Company Confidential Information after the Trigger Date, Amneal Group shall keep and shall cause its Representatives to keep such Company Confidential Information confidential for the period of one by clause (1) year following the date such Company Confidential Information was disclosed to Amneal Groupvii).