Common use of Confidentiality Provisions Clause in Contracts

Confidentiality Provisions. (a) Each Management Stockholder acknowledges, represents, and agrees that: (i) the Company’s financial statements and any other Confidential Information (as defined below) that the Company may, in its sole discretion, furnish to the Stockholders contain confidential, proprietary, and material nonpublic information about the Company; (ii) it shall keep the Confidential Information and all information therein secret and confidential; (iii) it shall hold same in accordance with its customary procedures, if any, for handling confidential information on investments; (iv) it shall not disclose the Confidential Information or any information therein to anyone except (A) to its Affiliates (that do not compete with, or engage in any of the same businesses as, the Company), officers, directors, employees, agents or advisors, who are directly involved in the administration of its stockholding in the Company, all of whom must be advised of and agree to adhere to the terms of this Section 6, (B) as required by law, or (C) as requested or required by any provincial, state, federal, national or foreign authority or examiner regulating banks or banking or claiming to have the authority to regulate banks or banking; (v) it shall be responsible for any breach of the terms of this Section 6 committed to anyone to whom it disclosed the Confidential Information or any information therein; (vi) it shall not use the Confidential Information or any information therein for any purpose other than for appropriate purposes in connection with its stockholding in the Company; and (vii) in the event of any breach of the terms of this Section 6, the Company shall be entitled to specific performance and/or injunctive relief (without bond) as a remedy for any such breach, in addition to all other remedies available at law or in equity, and shall be entitled to reimbursement of all legal fees and litigation expenses incurred in enforcing the terms of this Section 6.

Confidentiality Provisions. (a) Each Management Stockholder acknowledgesof the parties hereto shall maintain and shall cause each of its employees and officers to maintain the confidentiality of the Agreement and all information with respect to the other parties, representsincluding all information regarding the business of the Originator, the Borrower and agrees that: the Servicer hereto and their respective businesses obtained by them in connection with the structuring, negotiating and execution of the transactions contemplated herein, except that each such party and its directors, officers and employees may (i) disclose such information to its external accountants, attorneys, investors, potential investors, credit enhancers to XX XXXX (including the Company’s financial statements and any other Confidential Information (as defined below) that the Company maydirectors, in its sole discretionofficers, furnish to the Stockholders contain confidential, proprietaryexternal accountants, and material nonpublic attorneys of such credit enhancers) and the agents or advisors of such Persons (“Excepted Persons”) who have a need to know such information; provided that each Excepted Person shall be advised by the party disclosing such information about of the Company; confidential nature of the information being disclosed, (ii) it shall keep disclose the Confidential Information and all information therein secret and confidential; existence of the Agreement, but not the financial terms thereof, (iii) it shall hold same in accordance with its customary procedures, if any, for handling confidential disclose such information on investments; as is required by applicable law and (iv) it shall not disclose the Confidential Information Agreement and such information in any suit, action, proceeding or any information therein investigation (whether in law or in equity or pursuant to anyone except (Aarbitration) to its Affiliates (that do not compete with, or engage in involving any of the same businesses asTransaction Documents for the purpose of defending itself, the Company)reducing its liability, officers, directors, employees, agents or advisors, who are directly involved in the administration protecting or exercising any of its stockholding in the Companyclaims, all of whom must be advised of and agree to adhere to the terms of this Section 6rights, (B) as required by lawremedies, or (C) as requested interests under or required by any provincial, state, federal, national or foreign authority or examiner regulating banks or banking or claiming to have the authority to regulate banks or banking; (v) it shall be responsible for any breach of the terms of this Section 6 committed to anyone to whom it disclosed the Confidential Information or any information therein; (vi) it shall not use the Confidential Information or any information therein for any purpose other than for appropriate purposes in connection with its stockholding in any of the CompanyTransaction Documents; provided that the Persons permitted to make such disclosures under clauses (iii) and (viiiv) shall also include credit enhancers to XX XXXX. It is understood that the financial terms that may not be disclosed except in the event of any breach of the terms of this Section 6, the Company shall be entitled to specific performance and/or injunctive relief (without bond) as a remedy for any such breach, in addition to all other remedies available at law or in equity, and shall be entitled to reimbursement of all legal fees and litigation expenses incurred in enforcing the terms of this Section 6.compliance with this

Confidentiality Provisions. (a) Each Management Stockholder acknowledgesof the parties hereto shall maintain and shall cause each of its employees and officers to maintain the confidentiality of the Agreement and all information with respect to the other parties, representsincluding all information regarding the business of the Borrower and the Servicer hereto and their respective businesses obtained by it or them in connection with the structuring, negotiating and agrees that: execution of the transactions contemplated herein, except that each such party and its directors, officers and employees may (i) the Company’s financial statements and any other Confidential Information (as defined below) that the Company maydisclose such information to its external accountants, in its sole discretionattorneys, furnish investors, potential investors, credit enhancers to the Stockholders contain confidentialpurchaser (including the directors, proprietaryofficers, external accountants, and material nonpublic attorneys of such credit enhancers) and the agents or advisors of such Persons (“Excepted Persons”) who have a need to know such information, provided that each Excepted Person shall be advised by the party disclosing such information about of the Company; confidential nature of the information being disclosed, (ii) it shall keep disclose the Confidential Information and all information therein secret and confidential; existence of the Agreement, but not the financial terms thereof, (iii) it shall hold same in accordance with its customary procedures, if any, for handling confidential disclose such information on investments; as is required by applicable law and (iv) it shall not disclose the Confidential Information Agreement and such information in any suit, action, proceeding or any information therein investigation (whether in law or in equity or pursuant to anyone except (Aarbitration) to its Affiliates (that do not compete with, or engage in involving any of the same businesses asTransaction Documents for the purpose of defending itself, the Company)reducing its liability, officers, directors, employees, agents or advisors, who are directly involved in the administration protecting or exercising any of its stockholding in the Companyclaims, all of whom must be advised of and agree to adhere to the terms of this Section 6rights, (B) as required by lawremedies, or (C) as requested interests under or required by any provincial, state, federal, national or foreign authority or examiner regulating banks or banking or claiming to have the authority to regulate banks or banking; (v) it shall be responsible for any breach of the terms of this Section 6 committed to anyone to whom it disclosed the Confidential Information or any information therein; (vi) it shall not use the Confidential Information or any information therein for any purpose other than for appropriate purposes in connection with its stockholding in any of the Company; Transaction Documents, provided that the Persons permitted to make such disclosures under clauses (iii) and (viiiv) shall also include credit enhancers to Advances. It is understood that the financial terms that may not be disclosed except in the event of any breach of the terms of compliance with this Section 614.7(a) include, the Company shall be entitled to specific performance and/or injunctive relief (without bond) as a remedy for any such breachlimitation, in addition to all fees and other remedies available at law or in equitypricing terms, and shall be entitled to reimbursement all Events of all legal fees Default and litigation expenses incurred in enforcing the terms priority of this Section 6payment provisions.

Confidentiality Provisions. Each Purchaser (aand each Transferee by its acceptance of an interest in any Note) Each Management Stockholder acknowledgesagrees, representsso long as no Event of Default has occurred and continued for a period of one hundred eighty days under paragraphs 7A(i), (ii), (viii), (ix) or (x), that it will use its best efforts to hold in confidence and not disclose any Confidential Information without the prior written consent of the Company which consent shall not be unreasonably denied; provided, however, that nothing contained herein shall prevent the holder of any Note from delivering copies of any financial statements and other documents delivered to such holder, and agrees that: disclosing any other information disclosed to such holder, by the Company or any Subsidiary in connection with or pursuant to this Agreement to (i) the Company’s financial statements and any other Confidential Information (as defined below) that the Company may, in its sole discretion, furnish to the Stockholders contain confidential, proprietary, and material nonpublic information about the Company; (ii) it shall keep the Confidential Information and all information therein secret and confidential; (iii) it shall hold same in accordance with its customary procedures, if any, for handling confidential information on investments; (iv) it shall not disclose the Confidential Information or any information therein to anyone except (A) to its Affiliates (that do not compete with, or engage in any of the same businesses as, the Company)such holder's directors, officers, directors, employees, agents and professional consultants, (ii) any other holder of any Note, (iii) any Institutional Investor to which such holder offers to sell such Note or advisorsany part thereof, who are directly involved (iv) any Institutional Investor to which such holder sells or offers to sell a participation in the administration all or any part of its stockholding in such Note, (v) any Institutional Investor from which such holder offers to purchase any security of the Company, all of whom must be advised of and agree to adhere to the terms of this Section 6, (B) as required by law, or (C) as requested or required by any provincial, state, federal, national or foreign authority or examiner regulating banks or banking or claiming to have the authority to regulate banks or banking; (v) it shall be responsible for any breach of the terms of this Section 6 committed to anyone to whom it disclosed the Confidential Information or any information therein; (vi) it shall not use any federal or state regulatory authority having jurisdiction over such holder, (vii) the Confidential Information National Association of Insurance Commissioners or any information therein for similar organization or any purpose nationally recognized rating agency or (viii) any other than for Person which is not a Competitor to which such delivery or disclosure may be reasonably necessary or appropriate purposes (a) in compliance with any law, rule, regulation or order applicable to such holder, (b) in response to any subpoena or other legal process or investigative demand, (c) in connection with any litigation in connection with this Agreement to which such holder is a party or (d) in order to protect such holder's investment and enforce the rights of such holder under this Agreement; and provided further that after notice to the Company the holders of the Notes shall be free to correct any false or misleading information which may become public concerning their relationship to the Company or any of its stockholding Subsidiaries. For purposes of this Agreement, each Purchaser and each Transferee may in good faith conclusively rely on a certificate of a proposed purchaser of the Note(s) addressed and delivered to the Company and such Purchaser or Transferee to the effect that such proposed purchaser of the Note(s) is not a Competitor, provided that the Company has not, by written notice to such Purchaser or Transferee delivered within five Business Days after the Company; and (vii) 's receipt of such certificate, objected to such reliance on the grounds that the Company in the event of any breach good faith reasonably believes such proposed purchaser of the terms of this Section 6, the Company shall be entitled to specific performance and/or injunctive relief (without bondNote(s) as is a remedy for any such breach, in addition to all other remedies available at law or in equity, and shall be entitled to reimbursement of all legal fees and litigation expenses incurred in enforcing the terms of this Section 6Competitor.

Confidentiality Provisions. (a) Each Management Stockholder acknowledges, represents, and agrees that: (i) the Company’s financial statements and any other Confidential Information (as defined below) that the Company may, in its sole discretion, furnish to the Management Stockholders may contain confidential, proprietary, and material nonpublic information about the Company; (ii) it he or she shall keep the Confidential Information and all information therein secret and confidential; (iii) it he or she shall hold the same in accordance with its his or her customary procedures, if any, for handling confidential information on acquired in an employment or consulting arrangement or in connection with his or her investments; (iv) it he or she shall not disclose the Confidential Information or any information therein to anyone except (A) to its Affiliates (that do not compete with, or engage in any of the same businesses as, the Company), officers, directors, employees, agents or advisors, who are directly involved in the administration of its his or her stockholding in the Company, all of whom must be advised of and agree to adhere to the terms of this Section 6, (B) as required by law, or (C) as requested or required by law or any provincial, state, federal, national or foreign authority or examiner regulating banks examiner, or banking (D) to the extent necessary to enforce his or claiming to have the authority to regulate banks or bankingher rights hereunder; (v) it shall he or she may be responsible for any breach of the terms of this Section 6 committed to anyone by anyone, other than a Company employee, officer, director or agent, to whom it he or she disclosed the Confidential Information or any information thereinInformation; (vi) it he or she shall not use the Confidential Information or any information therein for any purpose other than for appropriate purposes in connection with its his or her employment or consulting relationship with the Company, if any, and his or her stockholding in the Company; and (vii) in the event of any breach of the terms of this Section 6, the Company shall be entitled to specific performance and/or injunctive relief (without bond) as a remedy for any such breach, in addition to all other remedies available at law or in equity, and . The prevailing party shall be entitled to reimbursement of all reasonable legal fees and litigation expenses incurred in enforcing or defending the terms of this Section 6.. For purposes of this Agreement, the term “