Common use of Confidentiality; Sharing Information Clause in Contracts

Confidentiality; Sharing Information. (a) Agent, each Lender and each Transferee shall hold all non-public information obtained by Agent, such Lender or such Transferee pursuant to the requirements of this Agreement in accordance with Agent's, such Lender's and such Transferee's customary procedures for handling confidential information of this nature; provided, HOWEVER, Agent, each Lender and each Transferee may disclose such confidential information (a) to its examiners, affiliates, outside auditors, counsel and other professional advisors who need access to such information, (b) to Agent, any Lender or to any prospective Transferees and Purchasing Lenders, and (c) as required or requested by any Governmental Body or representative thereof or pursuant to legal process; PROVIDED, FURTHER that (i) unless specifically prohibited by applicable law or court order, Agent, each Lender and each Transferee shall use its best efforts prior to disclosure thereof, to notify the applicable Borrower of the applicable request for disclosure of such non-public information (A) by a Governmental Body or representative thereof (other than any such request in connection with an examination of the financial condition of a Lender or a Transferee by such Governmental Body) or (B) pursuant to legal process and (ii) in no event shall Agent, any Lender or any Transferee be obligated to return any materials furnished by any Borrower other than those documents and instruments in possession of Agent or any Lender in order to perfect its Lien on the Collateral once the Obligations have been paid in full and this Agreement has been terminated.

Confidentiality; Sharing Information. (a) Agent, each Lender and each Transferee Participant shall hold all non-public information obtained by Agent, such Lender or such Transferee Participant pursuant to the requirements of this Agreement in accordance with Agent's, such Lender's and such TransfereeParticipant's customary procedures for handling confidential information of this nature; provided, HOWEVERhowever, Agent, each Lender and each Transferee Participant may disclose such confidential information (a) to its examiners, affiliates, outside auditors, counsel and other professional advisors who need access to such informationadvisors, (b) to Agent, any Lender or or, subject to the provisions of this Section 15.16(a), to any prospective Transferees Participants and Purchasing Lenders, and (c) as required or requested by any Governmental Body or representative thereof or pursuant to legal process; PROVIDEDprovided, FURTHER further that (i) unless specifically prohibited by applicable law Applicable Law or court order, Agent, each Lender and each Transferee Participant shall use its best efforts prior to disclosure thereof, to notify the applicable Borrower of the applicable request for disclosure of such non-public information (A) by a Governmental Body or representative thereof (other than any such request in connection with an examination of the financial condition of a Lender or a Transferee Participant by such Governmental Body) or (B) pursuant to legal process and (ii) in no event shall Agent, any Lender or any Transferee Participant be obligated to return any materials furnished by any Borrower other than those documents and instruments in possession of Agent or any Lender in order to perfect its Lien on the Collateral once the Obligations have been paid in full and this Agreement has been terminated.

Confidentiality; Sharing Information. (a) AgentThe Lender, each Lender the Issuer and each Transferee transferee of the Lender or the Issuer pursuant to Section 16.3 (a "Transferee") shall hold all non-public information obtained by Agentthe Lender, such Lender the Issuer or such Transferee pursuant to the requirements of this Agreement in accordance with Agentthe Lender's, such Lenderthe Issuer's and such Transferee's customary procedures for handling confidential information of this nature; provided, HOWEVERhowever, Agentthe Lender, each Lender the Issuer and each such Transferee may disclose such confidential information (a) to its examiners, affiliates, outside auditors, counsel and other professional advisors who need access to such informationadvisors, (b) to Agentthe Lender, any Lender or to any prospective Transferees the Issuer and Purchasing Lenders, such Transferee and (c) as required or requested by any Governmental Body or representative thereof or pursuant to legal process; PROVIDEDprovided, FURTHER further that (i) unless specifically prohibited by applicable law or court order, Agentthe Lender, each Lender the Issuer and each such Transferee shall use its best efforts prior to disclosure thereof, to notify the applicable Borrower Loan Party of the applicable request for disclosure of such non-public information (A) by a Governmental Body or representative thereof (other than any such request in connection with an examination of the financial condition of a Lender the Lender, the Issuer or a such Transferee by such Governmental Body) or (B) pursuant to legal process and (ii) in no event shall Agentthe Lender, any Lender the Issuer or any such Transferee be obligated to return any materials furnished by any Borrower Loan Party other than those documents and instruments in possession of Agent the Lender or any Lender the Issuer in order to perfect its Lien on the Collateral once the Obligations have been paid in full and this Agreement has been terminated.

Confidentiality; Sharing Information. (a) Agent, each Lender and each Transferee shall hold all non-public information obtained by Agent, such Lender or such Transferee pursuant to the requirements of this Agreement in accordance with Agent's, such Lender's and such Transferee's customary procedures for handling confidential information of this nature; provided, HOWEVERhowever, Agent, each Lender and each Transferee may disclose such confidential information (a) to its examiners, affiliates, outside auditors, counsel and other professional advisors who need access to such informationadvisors, (b) to Agent, any Lender or to any prospective Transferees and Purchasing Lenders, and (c) as required or requested by any Governmental Body or representative thereof or pursuant to legal process; PROVIDEDprovided, FURTHER further that (i) unless specifically prohibited by applicable law or court order, Agent, each Lender and each Transferee shall use its BLU-69367_7/ZRM1343/PNC008-129635 012000/11:12 77 best efforts as soon as reasonably practical, and in any event prior to disclosure thereof, to notify the applicable Borrower relevant Borrower[s] of the applicable request for disclosure of such non-public information (A) by a Governmental Body or representative thereof (other than any such request in connection with an examination of the financial condition of a Lender or a Transferee by such Governmental Body) or (B) pursuant to legal process and (ii) in no event shall Agent, any Lender or any Transferee be obligated to return any materials furnished by any Borrower Borrowers other than those documents and instruments in possession of Agent or any Lender in order to perfect its Lien on the Collateral once the Obligations have been paid in full and this Agreement has been terminated.

Confidentiality; Sharing Information. (a) Agent, each Lender ------------------------------------ and each Transferee shall hold maintain the confidentiality of all non-public information obtained by Agent, such Lender or such Transferee pursuant to the requirements of this Agreement in accordance with Agent's, such Lender's and such Transferee's customary procedures for handling confidential information of this nature; provided, HOWEVERhowever, Agent, each Lender and each Transferee may -------- ------- disclose such confidential information (a) to its examiners, affiliates, outside auditors, counsel and other professional advisors who need access to such informationadvisors, (b) to Agent, any Lender or or, subject to confidentiality restrictions, to any prospective Transferees and Purchasing Lenders, and (c) as required or requested by any Governmental Body or representative thereof or pursuant to legal process; PROVIDEDprovided, FURTHER further that (i) -------- ------- unless specifically prohibited by applicable law or court order, Agent, each Lender and each Transferee shall use its best efforts as soon as practicable prior to disclosure thereof, to notify the applicable Borrower AMC of the applicable request for disclosure of such non-public information (A) by a Governmental Body or representative thereof (other than any such request in connection with an examination of the financial condition of a Lender or a Transferee by such Governmental Body) or (B) pursuant to legal process and (ii) in no event shall Agent, any Lender or any Transferee be obligated to return any materials furnished by any Borrower other than those documents and instruments in possession of Agent or any Lender in order to perfect its Lien on the Collateral once the Obligations have been paid in full and this Agreement has been terminated.

Confidentiality; Sharing Information. (a) Each Agent, each Lender and each Transferee shall hold all non-public information obtained by such Agent, such Lender or such Transferee pursuant to the requirements of this Agreement in accordance with such Agent's’s, such Lender's ’s and such Transferee's ’s customary procedures for handling confidential information of this nature; provided, HOWEVERhowever, each Agent, each Lender and each Transferee may disclose such confidential information (a) to its examiners, affiliatesAffiliates, outside auditors, counsel and other professional advisors who need access to such informationadvisors, (b) to any Agent, any Lender or to any prospective Transferees and Purchasing Lenderswhich agrees to be bound by the provisions of this Section, and (c) as required or requested by any Governmental Body or representative thereof or pursuant to legal process; PROVIDEDprovided, FURTHER further that (i) unless specifically prohibited by applicable law or court orderApplicable Law, each Agent, each Lender and each Transferee shall use its reasonable best efforts prior to disclosure thereof, to notify the applicable Borrower of the applicable request for disclosure of such non-public information (A) by a Governmental Body or representative thereof (other than any such request in connection with an examination of the financial condition of a Lender or a Transferee by such Governmental Body) or (B) pursuant to legal process and (ii) in no event shall any Agent, any Lender or any Transferee be obligated to return any materials furnished by any Borrower other than those documents and instruments in possession of Administrative Agent or any Lender in order to perfect its Lien on the Collateral once the Obligations have been paid in full and this Agreement has been terminated.

Confidentiality; Sharing Information. (a) Agent, each Lender and each Transferee shall hold all non-public information obtained by Agent, such Lender or such Transferee pursuant to the requirements of this Agreement in accordance with Agent's’s, such Lender's ’s and such Transferee's ’s customary procedures for handling confidential information of this nature; provided, HOWEVERhowever, Agent, each Lender and each Transferee may disclose such confidential information (ai) to its examiners, affiliates, outside auditors, counsel and other professional advisors who need access to such informationadvisors, (bii) to Agent, any Lender or to any prospective Transferees and Purchasing LendersLenders which agree to hold such non-public information confidential in a manner similar to the provisions of this Section 16.15, and (ciii) as required or requested by any Governmental Body or representative thereof or pursuant to legal process; PROVIDEDprovided, FURTHER further that (ix) unless specifically prohibited by applicable law or court order, order Agent, each Lender and each Transferee shall use its best reasonable efforts prior to disclosure thereof, to notify the applicable Borrower Loan Parties of the applicable request for disclosure of such non-public information (A) by a Governmental Body or representative thereof (other than any such request in connection with an examination of the financial condition of a Lender or a Transferee by such Governmental Body) or (B) pursuant to legal process and (iiy) in no event shall Agent, any Lender or any Transferee be obligated to return any materials furnished by any Borrower Loan Party other than those documents and instruments in possession of Agent or any Lender in order to perfect its Lien on the Collateral once the Obligations have been paid in full and this Agreement has been terminated.