Common use of Confidentiality of Confidential Information Clause in Contracts

Confidentiality of Confidential Information. The Agent and each Lender acknowledges that certain information concerning Borrower which is obtained by or furnished to the Agent and such Lenders pursuant to this Agreement may be non-public, proprietary or confidential in nature ("Confidential Information"). The Agent and each Lender confirm to Borrower, for itself, that it is the policy and practice of the Agent and each such Lender to maintain in confidence all Confidential Information which is received by it in connection with the closing and administration of transactions of the kind contemplated by this Agreement and which is identified to the Agent or such Lender as such, and that the Agent and each Lender will protect the confidentiality of all Confidential Information submitted to it by or with respect to Borrower, commensurate with its efforts to maintain the confidentiality of its own Confidential Information, subject to (a) its need in connection with the closing and administration of the transactions contemplated by this Agreement to disclose any Confidential Information to any legal counsel, auditors, appraisers, consultants or other Persons retained by it for the purpose of advising the Agent or such Lender in connection therewith; (b) its need to disclose any Confidential Information under color of legal authority, including, without limitation, to any regulatory authority having jurisdiction over its or its operations or to or under the authority of any court deemed by it to be of competent jurisdiction; (c) its right to disclose the Confidential Information to any prospective Lender, assignee or participant which has agreed to maintain the confidentiality thereof on a basis substantially similar to that set forth herein; and (d) the inapplicability of the terms of this Section 11.9 to any information furnished to the Agent or any Lender which was (i) in the Agent's or such Lender's possession prior to its delivery to the Agent or such Lender by Borrower, or otherwise has been obtained by the Agent or such Lender on a non- confidential basis; or (ii) was or becomes available to the public or otherwise part of the public domain (other than as a result of the Agent's or such Lender's failure to abide hereby); or (iii) was not non-public, proprietary or confidential when Borrower delivered it to the Agent or such Lender.

Confidentiality of Confidential Information. The Agent and each Lender acknowledges that certain information concerning Borrower which is obtained by or furnished Subject to the Agent terms and such Lenders pursuant to this Agreement conditions hereof, the New Director may be non-public, proprietary or confidential in nature ("share and discuss Confidential Information")Information with the Investors. The Agent Investors agree, and each Lender confirm agree to Borrowercause their Representatives, for itself, that it is the policy and practice of the Agent and each such Lender to maintain in confidence keep all Confidential Information which strictly confidential and not disclose Confidential Information to any Person other than those of their Representatives who need to know such Confidential Information to assist an Investor for the purposes of advising, monitoring and evaluating such Investor’s investment in the Company, or as otherwise permitted by this Agreement; provided, however, that with respect to any such disclosure of Confidential Information, the Investors shall furnish to such Representative only that portion of the Confidential Information necessary for the purposes of advising, monitoring and evaluating such Investor’s investment in the Company, or as otherwise permitted by this Agreement. Before providing access to Confidential Information to any Representative, the Investor shall inform such Representative of the contents of this Agreement and the confidentiality of the Confidential Information, and shall advise such Representative that, by accepting possession of or access to such information, such Representative is received agreeing to be bound by this Agreement. The Investors shall instruct their Representatives to observe the terms of this Agreement and shall be responsible for any breach of this Agreement by any of their Representatives. (b) Compulsory Disclosure of Confidential Information. If an Investor or any of such Investor’s Representatives is legally required in any proceeding or governmental inquiry, including any judicial or administrative proceeding, or by any governmental or regulatory authority (whether by deposition, interrogatory, request for documents, subpoena, civil investigative demand or otherwise), or is otherwise legally required pursuant to applicable law or regulation (in each case if and as determined based on advice of counsel), to disclose any Confidential Information, such Investor shall (to the extent permissible under applicable law or the terms of such demand or request), if reasonably practicable, give the Company prompt notice of such request or requirement so that the Company may, at the Company’s sole expense, seek an appropriate protective order, and, upon the Company’s request and at the Company’s sole expense, shall provide reasonable cooperation to the Company in seeking such an order. If such Investor is nonetheless compelled to disclose Confidential Information, such Investor (or such Representative of such Investor to whom such request is directed) will furnish only that portion of the Confidential Information that, on the advice of counsel, is legally required to be disclosed and, upon the Company’s request, use its reasonable best efforts, at the Company’s sole expense, to obtain assurances that confidential treatment will be accorded to such information, and shall (to the extent permissible under applicable law or the terms of such demand or request) provide the Company with the text of the proposed disclosure as reasonably far in advance of its disclosure as is practicable and shall in good faith consult with and consider the suggestions of the Company concerning the nature and scope of the information it proposes to disclose. Notwithstanding anything to the contrary contained herein, the Company and the Investors or any Representative thereof may disclose this Agreement in connection with the closing and administration of transactions of the kind contemplated by this Agreement and which is identified to the Agent or such Lender as such, and that the Agent and each Lender will protect the confidentiality of all Confidential Information submitted to it by or with respect to Borrower, commensurate with its efforts to maintain the confidentiality of its own Confidential Information, subject to (a) its need in connection with the closing and administration of the transactions contemplated by this Agreement to disclose any Confidential Information to any legal counsel, auditors, appraisers, consultants or other Persons retained by it for the purpose of advising the Agent or such Lender in connection therewith; (b) its need to disclose any Confidential Information under color of legal authority, including, without limitation, to any regulatory authority having jurisdiction over its or its operations or to or under the authority enforcement of any court deemed by it to be of competent jurisdiction; (c) its right to disclose the Confidential Information to any prospective Lender, assignee or participant which has agreed to maintain the confidentiality thereof on a basis substantially similar to that set forth herein; and (d) the inapplicability of the terms of this Section 11.9 to any information furnished to the Agent or any Lender which was (i) in the Agent's or such Lender's possession prior to its delivery to the Agent or such Lender by Borrower, or otherwise has been obtained by the Agent or such Lender on a non- confidential basis; or (ii) was or becomes available to the public or otherwise part of the public domain (other than as a result of the Agent's or such Lender's failure to abide hereby); or (iii) was not non-public, proprietary or confidential when Borrower delivered it to the Agent or such LenderAgreement.

Confidentiality of Confidential Information. The Agent Recipient agrees to receive and each Lender acknowledges that certain information concerning Borrower which is obtained by or furnished to hold the Agent and such Lenders pursuant to this Agreement may be non-public, proprietary or confidential in nature ("Confidential Information"). The Agent and each Lender confirm to Borrower, for itself, that it is the policy and practice of the Agent and each such Lender to maintain in confidence all Confidential Information which is (whether received by from Puma or any of its Representatives) in strict confidence and not to disclose it in connection to any third party without the express written consent of Puma other than to Recipient’s Representatives (who are provided with the closing and administration a copy of transactions of the kind contemplated by this Agreement and which is identified who agree to be bound by the Agent or such Lender as suchterms of this Agreement, and that the Agent and each Lender will protect the confidentiality of all Confidential Information submitted to it by or with respect to Borrower, commensurate with its efforts to maintain the confidentiality of its own Confidential Information, subject to (a) its need in connection with the closing and administration of the transactions contemplated by this Agreement to disclose Recipient shall be responsible for any Confidential Information to any legal counsel, auditors, appraisers, consultants or other Persons retained by it for the purpose of advising the Agent or such Lender in connection therewith; (b) its need to disclose any Confidential Information under color of legal authority, including, without limitation, to any regulatory authority having jurisdiction over its or its operations or to or under the authority of any court deemed by it to be of competent jurisdiction; (c) its right to disclose the Confidential Information to any prospective Lender, assignee or participant which has agreed to maintain the confidentiality thereof on a basis substantially similar to that set forth herein; and (d) the inapplicability breach of the terms of this Section 11.9 Agreement by its Representatives) for the limited purpose of deciding whether to go forward with the Transaction and shall not use any information furnished such Confidential Information except pursuant to and in the Agent course of deciding to go forward with the Transaction. Recipient shall (and shall cause its Representatives to) take all security precautions to protect from disclosure and keep confidential the Confidential Information as it takes in respect of its own confidential information, including without limitation, protection of documents from theft, unauthorized duplication and discovery of contents, and restrictions on access by other persons to such Confidential Information. This Agreement shall apply to all the Confidential Information disclosed to Recipient or any Lender which was (i) of its Representatives, without regard to whether such disclosure is by means of written documents, oral communication, or otherwise. Recipient acknowledges that the Confidential Information is confidential to Puma and that Recipient has no rights or interest in the Agent's or such Lender's possession prior to its delivery to the Agent or such Lender by Borrower, or otherwise has been obtained by the Agent or such Lender on a non- confidential basis; or (ii) was or becomes available to the public or otherwise Confidential Information and shall not use any part of the public domain (other than Confidential Information for its own benefit except as a result specifically set forth in this Agreement. The fact that Recipient is in the process of evaluating and possibly acquiring certain rights and obligations of Puma in the Properties, and any of the Agent's terms, conditions or such Lender's failure other facts with respect to abide hereby); or (iii) was not non-publica possible Transaction, proprietary or including the status of any negotiations, shall likewise be kept strictly confidential when Borrower delivered it to by the Agent or such LenderRecipient for the term of this Agreement.

Confidentiality of Confidential Information. The Agent Recipient agrees to receive and each Lender acknowledges that certain information concerning Borrower which is obtained by or furnished to hold the Agent and such Lenders pursuant to this Agreement may be non-public, proprietary or confidential in nature ("Confidential Information"). The Agent and each Lender confirm to Borrower, for itself, that it is the policy and practice of the Agent and each such Lender to maintain in confidence all Confidential Information which is (whether received by from Windsor Xxxxxx or any of its Representatives) in strict confidence and not to disclose it in connection to any third party without the express written consent of Windsor Xxxxxx other than to Recipient’s Representatives (who are provided with the closing and administration a copy of transactions of the kind contemplated by this Agreement and which is identified who agree to be bound by the Agent or such Lender as suchterms of this Agreement, and that the Agent and each Lender will protect the confidentiality of all Confidential Information submitted to it by or with respect to Borrower, commensurate with its efforts to maintain the confidentiality of its own Confidential Information, subject to (a) its need in connection with the closing and administration of the transactions contemplated by this Agreement to disclose Recipient shall be responsible for any Confidential Information to any legal counsel, auditors, appraisers, consultants or other Persons retained by it for the purpose of advising the Agent or such Lender in connection therewith; (b) its need to disclose any Confidential Information under color of legal authority, including, without limitation, to any regulatory authority having jurisdiction over its or its operations or to or under the authority of any court deemed by it to be of competent jurisdiction; (c) its right to disclose the Confidential Information to any prospective Lender, assignee or participant which has agreed to maintain the confidentiality thereof on a basis substantially similar to that set forth herein; and (d) the inapplicability breach of the terms of this Section 11.9 Agreement by its Representatives) for the limited purpose of deciding whether to go forward with the Transaction and shall not use any information furnished such Confidential Information except pursuant to and in the Agent course of deciding to go forward with the Transaction. Recipient shall (and shall cause its Representatives to) take all security precautions to protect from disclosure and keep confidential the Confidential Information as it takes in respect of its own confidential information, including without limitation, protection of documents from theft, unauthorized duplication and discovery of contents, and restrictions on access by other persons to such Confidential Information. This Agreement shall apply to all the Confidential Information disclosed to Recipient or any Lender which was (i) of its Representatives, without regard to whether such disclosure is by means of written documents, oral communication, or otherwise. Recipient acknowledges that the Confidential Information is confidential to Windsor Xxxxxx and that Recipient has no rights or interest in the Agent's or such Lender's possession prior to its delivery to the Agent or such Lender by Borrower, or otherwise has been obtained by the Agent or such Lender on a non- confidential basis; or (ii) was or becomes available to the public or otherwise Confidential Information and shall not use any part of the public domain (other than Confidential Information for its own benefit except as a result specifically set forth in this Agreement. The fact that Recipient is in the process of evaluating and possibly acquiring certain rights and obligations of Windsor Xxxxxx in the Properties, and any of the Agent's terms, conditions or such Lender's failure other facts with respect to abide hereby); or (iii) was not non-publica possible Transaction, proprietary or including the status of any negotiations, shall likewise be kept strictly confidential when Borrower delivered it to by the Agent or such LenderRecipient for the term of this Agreement.