Common use of Confidential Advice Clause in Contracts

Confidential Advice. Except to the extent legally required (after consultation with, and approval as to form and substance by, UBS and its counsel, unless such consultation is prohibited by law), none of (i) the name of UBS, (ii) any advice rendered by UBS to the Company, or (iii) the terms of this Agreement (but not the existence of this Agreement) or any communication from UBS, each in connection with the services performed by UBS pursuant to this Agreement, will be quoted or referred to orally or in writing, or in the case of (ii) and (iii), reproduced or disseminated, by the Company or any of its affiliates or any of its agents, without UBS’ prior written consent, which consent will not be unreasonably withheld in the case of clause (i) and (iii) (but not (ii)); provided, however, that this provision shall not be applicable to: (A) any information (except for the information in clause (ii)) that becomes publicly available through no fault of the Company; or (B) any information covered by each of clauses (i), (ii) and (iii) above, the release of which is required or requested by a regulatory agency, self-regulatory organization, or court with jurisdiction over the Company or its affiliates, provided, however, that the Company will promptly notify UBS of the information to be disclosed if notice thereof is permitted by law, does not violate the terms of the relevant request and is reasonably practicable under the circumstances.

Confidential Advice. Except to the extent legally required (after consultation with, and approval as to form and substance by, UBS Xxxxx Fargo and its counsel, unless such consultation is prohibited by law), none of (i) the name of UBSXxxxx Fargo, (ii) any advice rendered by UBS Xxxxx Fargo to the Company, or (iii) the terms of this Agreement (but not the existence of this Agreement) or any communication from UBSXxxxx Fargo, each in connection with the services performed by UBS Xxxxx Fargo pursuant to this Agreement, will be quoted or referred to orally or in writing, or in the case of (ii) and (iii), reproduced or disseminated, by the Company or any of its affiliates or any of its agents, without UBS’ Xxxxx Fargo’s prior written consent, which consent will not be unreasonably withheld in the case of clause (i) and (iii) (but not (ii)); provided, however, that this provision shall not be applicable to: (A) any information (except for the information in clause (ii)) that becomes publicly available through no fault of the Company; or (B) any information covered by each of clauses (i), (ii) and (iii) above, the release of which is required or requested by a regulatory agency, self-regulatory organization, or court with jurisdiction over the Company or its affiliates, provided, however, that the Company will promptly notify UBS Xxxxx Fargo of the information to be disclosed if notice thereof is permitted by law, does not violate the terms of the relevant request and is reasonably practicable under the circumstances.

Confidential Advice. Except to the extent legally required (after consultation with, and approval as to form and substance by, UBS and its counsel, unless such consultation is prohibited by law), none of (i) the name of UBS, (ii) any advice rendered by UBS to the Company, or (iii) the terms of this Agreement (but not the existence of this Agreement) or any communication from UBS, each in connection with the services performed by UBS pursuant to this Agreement, will be quoted or referred to orally or in writing, or in the case of (ii) and (iii), reproduced or disseminated, by the Company or any of its affiliates or any of its agents, without UBS’ prior written consent, which consent will not be unreasonably withheld in the case of clause (i) and (iii) (but not (ii)); provided, however, that this provision shall not be applicable to: (A) any information (except for the information in clause (ii)) that becomes publicly available through no fault of the Company; or (B) any information covered by each of clauses (i), (ii) and (iii) above, the release of which is required or requested by a regulatory agency, self-regulatory organization, or court with jurisdiction over the Company or its affiliates, provided, however, that the Company will promptly notify UBS of the information to be disclosed if notice thereof is permitted by law, does not violate the terms of the relevant request and is reasonably practicable under the circumstances.

Confidential Advice. Except to the extent legally required as provided below (after consultation with, and approval (not to be unreasonably withheld) as to form and substance by, UBS and its counsel, unless such consultation is prohibited by law), none of (ia) the name of UBS, (iib) any advice rendered by UBS to the Company, or (iiic) the terms of this Agreement (but not the existence of this Agreement) or any communication from UBS, each in connection with the services performed by UBS pursuant to this Agreement, will be quoted or referred to orally or in writing, or in the case of (iib) and (iiic), reproduced or disseminated, by the Company or any of its affiliates or any of its agents (not including for these purposes any underwriter party to the Underwriting Agreement or their affiliates or agents), without UBS’ prior written consentapproval, which consent will except (i) the Company may disclose the foregoing to any regulatory authority in response to a regulatory proceeding, process, inquiry or request provided the Company shall give UBS prompt notice thereafter of such request and disclosure if, in the view of Company counsel and regulatory authority, it is legally able to do so, (ii) to the extent otherwise required by law, judicial process or applicable regulation (after consultation with, and approval (not to be unreasonably withheld in the case of clause (iwithheld) as to form and substance by UBS and its counsel, unless such consultation is prohibited by law, order or regulation) and (iii) on a confidential need-to-know basis, to the Fund and its officers and directors and their legal counsel, auditors and other advisers. This confidentiality provision will terminate eighteen (but 18) months from the date first written above. The foregoing confidentiality restrictions will not (ii)); provided, however, that this provision shall not be applicable to: (A) apply to any information (except for the information in clause (ii)) that becomes publicly available through no fault of the Company; or (B) any information covered by each of clauses (i), (ii) and (iii) above, the release of which is required or requested by a regulatory agency, self-regulatory organization, or court with jurisdiction over the Company or its affiliates, provided, however, that the Company will promptly notify UBS of the information to be disclosed if notice thereof is permitted by law, does not violate the terms of the relevant request and is reasonably practicable under the circumstances.

Confidential Advice. Except to the extent legally required (after consultation with, and approval as to form and substance by, UBS Stifel and its counsel, unless such consultation is prohibited by law), none of (i) the name of UBSStifel, (ii) any advice rendered by UBS Stifel to the Company, or (iii) the terms of this Agreement (but not the existence of this Agreement) or any communication from UBSStifel, each in connection with the services performed by UBS Stifel pursuant to this Agreement, will be quoted or referred to orally or in writing, or in the case of (ii) and (iii), reproduced or disseminated, by the Company or any of its affiliates or any of its agents, without UBS’ Stifel’s prior written consent, which consent will not be unreasonably withheld in the case of clause (i) and (iii) (but not (ii)); provided, however, that this provision shall not be applicable to: (A) any information (except for the information in clause (ii)) that becomes publicly available through no fault of the Company; or (B) any information covered by each of clauses (i), (ii) and (iii) above, the release of which is required or requested by a regulatory agency, self-regulatory organization, or court with jurisdiction over the Company or its affiliates, provided, however, that the Company will promptly notify UBS Stifel of the information to be disclosed if notice thereof is permitted by law, does not violate the terms of the relevant request and is reasonably practicable under the circumstances.

Confidential Advice. Except to the extent legally required (after consultation with, and approval as to form and substance by, UBS [●] and its counsel, unless such consultation is prohibited by law), none of (i) the name of UBS[●], (ii) any advice rendered by UBS [●] to the Company, or (iii) the terms of this Agreement (but not the existence of this Agreement) or any communication from UBS[●], each in connection with the services performed by UBS [●] pursuant to this Agreement, will be quoted or referred to orally or in writing, or in the case of (ii) and (iii), reproduced or disseminated, by the Company or any of its affiliates or any of its agents, without UBS’ [●]’s prior written consent, which consent will not be unreasonably withheld in the case of clause (i) and (iii) (but not (ii)); provided, however, that this provision shall not be applicable to: (A) any information (except for the information in clause (ii)) that becomes publicly available through no fault of the Company; or (B) any information covered by each of clauses (i), (ii) and (iii) above, the release of which is required or requested by a regulatory agency, self-regulatory organization, or court with jurisdiction over the Company or its affiliates, provided, however, that the Company will promptly notify UBS [●] of the information to be disclosed if notice thereof is permitted by law, does not violate the terms of the relevant request and is reasonably practicable under the circumstances.

Confidential Advice. Except to the extent legally required (after consultation with, and approval as to form and substance by, UBS Oppenheimer and its counsel, unless such consultation is prohibited by law), none of (i) the name of UBSXxxxxxxxxxx, (ii) any advice rendered by UBS Oppenheimer to the Company, or (iii) the terms of this Agreement (but not the existence of this Agreement) or any communication from UBSOppenheimer, each in connection with the services performed by UBS Oppenheimer pursuant to this Agreement, will be quoted or referred to orally or in writing, or in the case of (ii) and (iii), reproduced or disseminated, by the Company or any of its affiliates or any of its agents, without UBS’ Xxxxxxxxxxx’x prior written consent, which consent will not be unreasonably withheld in the case of clause (i) and (iii) (but not (ii)); provided, however, that this provision shall not be applicable to: (A) any information (except for the information in clause (ii)) that becomes publicly available through no fault of the Company; or (B) any information covered by each of clauses (i), (ii) and (iii) above, the release of which is required or requested by a regulatory agency, self-regulatory organization, or court with jurisdiction over the Company or its affiliates, provided, however, that the Company will promptly notify UBS Oppenheimer of the information to be disclosed if notice thereof is permitted by law, does not violate the terms of the relevant request and is reasonably practicable under the circumstances.