Common use of COMPANY DATABASE Clause in Contracts

COMPANY DATABASE. As soon as practicable following the date of this Agreement, the Company will deliver to Parent a letter representing and warranting (i) the number of unique (i.e., individuals not duplicated in the listing) customers of the Company and its subsidiaries who have purchased goods from the Company and its subsidiaries in the twelve (12) month period ended June 30, 2003, and (ii) the number of unique individuals who have requested catalogs or other information from the Company and its subsidiaries in the twelve (12) month period ended June 30, 2003, together in each instance with such customer's or individual's e-mail address and postal address, contained in the Company's customer databases used in the operation of the business of the Company and its subsidiaries (the "DATABASES"). The Company will also represent and warrant to Parent that the Databases contain the names of current, former and potential customers of the Company and its subsidiaries and Personally Identifiable Information related thereto. The letter will also state that except as set forth therein, neither the Company nor any of its subsidiaries has, since January 1, 2002, sold, assigned, leased, transferred, permitted the use of or otherwise disclosed to any other Person any information contained in any of the Databases, including any Personally Identifiable Information, and all information contained in the Databases has been collected, used and maintained in accordance with all applicable privacy laws, including, without limitation, the provisions of the Children's Online Privacy Protection Act of 1998, as amended, and any similar federal, state or local online privacy laws. For purposes hereof and of the letter, the term "PERSONALLY IDENTIFIABLE INFORMATION" means information that can be used to identify or contact consumers, including, by way of illustration, their first and last name, physical address, e-mail address, Social Security number or telephone number.

COMPANY DATABASE. As soon as practicable following the date of this Agreement, the Company will deliver to Parent a letter representing and warranting (i) the number of unique (i.e., individuals not duplicated in the listing) customers of the Company and its subsidiaries who have purchased goods from the Company and its subsidiaries in the twelve (12) month period ended June 30, 2003, and (ii) the number of unique individuals who have requested catalogs or other information from the Company and its subsidiaries in the twelve (12) month period ended June 30, 2003, together in each instance with such customer's ’s or individual's ’s e-mail address and postal address, contained in the Company's ’s customer databases used in the operation of the business of the Company and its subsidiaries (the "DATABASES"“Databases”). The Company will also represent and warrant to Parent that the Databases contain the names of current, former and potential customers of the Company and its subsidiaries and Personally Identifiable Information related thereto. The letter will also state that except as set forth therein, neither the Company nor any of its subsidiaries has, since January 1, 2002, sold, assigned, leased, transferred, permitted the use of or otherwise disclosed to any other Person any information contained in any of the Databases, including any Personally Identifiable Information, and all information contained in the Databases has been collected, used and maintained in accordance with all applicable privacy laws, including, without limitation, the provisions of the Children's ’s Online Privacy Protection Act of 1998, as amended, and any similar federal, state or local online privacy laws. For purposes hereof and of the letter, the term "PERSONALLY IDENTIFIABLE INFORMATION" “Personally Identifiable Information” means information that can be used to identify or contact consumers, including, by way of illustration, their first and last name, physical address, e-mail address, Social Security number or telephone number.