Confidentiality of Borrower Information. Each of the Agents and the Lenders agrees to keep information obtained by it pursuant to the Transaction Documents confidential in accordance with such Agent’s or Lender’s customary practices and in accordance with applicable law and agrees that it will only use such information in connection with the transactions contemplated hereby and not disclose any of such information other than (a) to such Agent’s or Lender’s employees, representatives, directors, attorneys, auditors, agents, professional advisors, trustees or affiliates who are advised of the confidential nature thereof it solely for the purposes of evaluating, administering and enforcing the transactions contemplated by the Transaction Documents and making any necessary business judgments with respect thereto, or to any direct or indirect contractual counterparty in swap agreements or such contractual counterparty’s professional advisor (so long as such contractual counterparty or professional advisor to such contractual counterparty agrees to be bound by the provision of this Section 14.7, such Agent or Lender being liable for any breach of confidentiality by any Person described in this clause (a) and with respect to disclosures to an Affiliate to the extent disclosed by such Agent or Lender to such Affiliate), (b) to the extent such information presently is or hereafter becomes available to such Agent or Lender on a non-confidential basis from a Person not an Affiliate of such Agent or Lender not known to such Lender to be violating a confidentiality obligation by such disclosure, (c) to the extent disclosure is required by any Law, subpoena or judicial order or process (provided that notice of such requirement or order shall be promptly furnished to the applicable Loan Party unless such notice is legally prohibited) or requested or required by bank, securities, insurance or investment company regulations or auditors or any administrative body or commission to whose jurisdiction such Agent or Lender may be subject, (d) to any rating agency to the extent required in connection with any rating to be assigned to such Lender, (e) to assignees or participants or prospective assignees or participants who agree to be bound by the provisions of this Section 14.7, (f) to the extent required in connection with any litigation between any Loan Party and any Lender with respect to the Loans or any Transaction Document, (g) to any dealer or placement agent for such party’s Commercial Paper Notes, who (i) in ...
Confidentiality of Borrower Information. Lender will use reasonable efforts to assure that information about Borrowers and their operations, affairs and financial condition, not generally disclosed to the public or to trade and other creditors, which is furnished to Lender pursuant to the provisions of this Agreement is used only for the purposes of this Agreement and any other relationship between Borrowers and Lender and will not be divulged to any Person other than Lender, its Affiliates and their respective officers, directors, employees and agents, except: (a) to their attorneys and accountants, (b) in connection with the enforcement of the rights of Lender under the Loan Documents, the Transaction Documents or otherwise in connection with applicable litigation, (c) in connection with assignments and participations and the solicitation of prospective Participants referred to in Section 12.5, (d) if such information is generally available to the public other than as a result of disclosure by Lender, (e) to any direct or indirect contractual counterparty in any hedging arrangement or such contractual counterparty's professional advisor, (f) to any rating agency that requires information about Lender's loan portfolio in connection with ratings issued with respect to Lender or an Affiliate of Lender and (g) as may otherwise be required or requested by any regulatory authority having jurisdiction over Lender or by any applicable law, rule, regulation or judicial process. Neither Lender nor its Affiliates nor any Participant will incur any liability to Borrowers by reason of any disclosure permitted by this Section.
Confidentiality of Borrower Information. 59 SECTION 14.8
Confidentiality of Borrower Information. To clarify that the Lenders' agreement with respect to confidentiality of Borrower information is not limited to financial data, the second sentence of Section 7.3 of the Credit Agreement, up to the proviso in that sentence, is hereby amended to read as follows: "Each Lender covenants and agrees to preserve the confidentiality of any data or information, financial or otherwise, concerning Borrower or any Affiliate of Borrower, or related to the businesses or operations of Borrower or any Affiliate of Borrower, with respect to which Borrower or any Affiliate of Borrower has (a) an obligation of confidentiality to a third party (to the extent such obligation has been disclosed to such Lender) or (b) informed such Lender of the confidential nature of the specific information, except to the extent such Lender is required to disclose such information pursuant to any applicable law, rule, regulation or order of any Governmental Authority;"
Confidentiality of Borrower Information. Bank agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to Bank’s and Bank’s affiliates’ officers, directors, employees, and agents, including, but not limited to, accountants, legal counsel and other advisors (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential), (b) to the extent required or requested by, or required to be disclosed to, any regulatory or similar authority purporting to have jurisdiction over Bank or its affiliates’ officers, directors, employees, and agents (including any self-regulatory authority, such as the National Association of Insurance Commissioners), (c) to the extent required by applicable laws or regulations or by any subpoena or similar legal process, (d) to any other party hereto, (e) in connection with the exercise of any remedies under this Agreement, under any other Loan Document, or any suit, action or proceeding relating to this Agreement, any other Loan Document or the enforcement or defense of its rights hereunder or thereunder, (f) subject to an agreement containing provisions substantially the same as those of this Section 8.12, to (i) any actual or prospective assignee of or participant in any of Bank’s rights or obligations under this Agreement and the other Loan Documents or (ii) any actual or prospective counterparty (or its affiliates’ officers, directors, employees, and agents, including, but not limited to, accountants, legal counsel and other advisors) to any swap or derivative transaction relating to Borrower or any of its respective obligations, (g) with the consent of Borrower, (h) to the extent such Information (i) becomes publicly available other than as a result of a breach of this Section 8.12 or (ii) becomes available to Bank or any of its affiliates from a third party that is not, to such Person’s knowledge, subject to confidentiality obligations to Borrower, (i) to governmental regulatory authorities in connection with any regulatory examination of Bank or in accordance with Bank’s regulatory compliance policy if Bank deems necessary for the mitigation of claims by those authorities against Bank or any of its subsidiaries or affiliates, or (j) to the extent that such Information is independently developed by Bank. For purposes of this Section, “Information” shall mean all information received fro...
Confidentiality of Borrower Information. 51 (a) CONFIDENTIAL BORROWER INFORMATION....................................................................52 (b) DISCLOSURE...........................................................................................52 (c)
Confidentiality of Borrower Information
