Common use of Confidentiality; Sharing Information Clause in Contracts

Confidentiality; Sharing Information. Lender shall hold all Information obtained by such Lender pursuant to the requirements of this Agreement in accordance with such Lender’s customary procedures for handling Information of this nature; provided, however, Lender may disclose such Information (a) to its examiners, Affiliates, outside auditors, counsel and other professional advisors, (b) to any prospective transferees, and (c) as required or requested by any Governmental Authority or representative thereof or pursuant to legal process; provided, further that (i) unless specifically prohibited by applicable law, Lender shall use its reasonable best efforts prior to disclosure thereof, to notify Borrower of the applicable request for disclosure of such Information (A) by a Governmental Authority or representative thereof (other than any such request in connection with an examination of the financial condition of such Lender by such Governmental Authority) or (B) pursuant to legal process and (ii) in no event shall Lender be obligated to return any materials furnished by Borrower other than those documents and instruments in possession of Lender in order to perfect its Lien on the Collateral once the Obligations have been paid in full and this Agreement has been terminated. Notwithstanding any non-disclosure agreement or similar document executed by Lender in favor of Borrower or any of any Borrower’s affiliates, the provisions of this Agreement shall supersede such agreements. Loan and Security Agreement

Confidentiality; Sharing Information. The Lender shall hold all agrees to maintain the confidentiality of the Information, and not to use the Information obtained by such Lender pursuant to other than in connection with or in the requirements enforcement of this Agreement in accordance with such Lender’s customary procedures for handling Information of this naturethe Loan Documents; provided, however, Lender may disclose such Information (a) to its examiners, Affiliates, outside auditors, counsel and other professional advisorsadvisors but only if such persons are bound to keep the Information confidential pursuant to a confidentiality agreement in form and substance substantially similar to this provision, (b) to any prospective transfereestransferees but only if such transferees are bound to keep the Information confidential pursuant to a confidentiality agreement in form and substance substantially similar to this provision, and (c) as required or requested by any Governmental Authority or representative thereof or pursuant to legal process; provided, further that (i) unless specifically prohibited by applicable law, Lender shall use its reasonable best efforts prior to disclosure thereof, to notify Borrower of the applicable request for disclosure of such Information (A) by a Governmental Authority or representative thereof (other than any such request in connection with an examination of the financial condition of such Lender by such Governmental Authority) or (B) pursuant to legal process and (ii) in no event shall Lender be obligated to return any materials furnished by Borrower other than those documents and instruments in possession of Lender in order to perfect its Lien on the Collateral once the Obligations have been paid in full and this Agreement has been terminated. Notwithstanding any non-disclosure agreement or similar document executed by Lender in favor of Borrower or any of any of Borrower’s affiliates, the provisions of this Agreement shall supersede such agreements. Loan and Security Agreement.

Confidentiality; Sharing Information. (a) Lender shall hold all Information non-public information obtained by such Lender pursuant to the requirements of this Agreement in confidence in accordance with such Lender’s customary procedures for handling Information confidential information of this nature; provided, however, Lender may disclose such Information confidential information (a) to its examiners, Affiliatesaffiliates, outside auditors, counsel and other professional advisors, (b) to any prospective transferees, Lender and (c) as required or requested by any Governmental Authority Body or representative thereof or pursuant to legal process; provided, further that (i) unless specifically prohibited by applicable lawlaw or court order, Lender shall use its reasonable best efforts prior to disclosure thereof, to notify Borrower Borrowers of the applicable request for disclosure of such Information non-public information (A) by a Governmental Authority Body or representative thereof (other than any such request in connection with an examination of the financial condition of such Lender by such Governmental AuthorityBody) or (B) pursuant to legal process and (ii) in no event shall Lender be obligated to return any materials furnished by Borrower Borrowers other than those documents and instruments in possession of Lender in order to perfect its Lien on the Collateral once the Obligations have been paid in full and this Agreement has been terminated. Notwithstanding any non-disclosure agreement or similar document executed by Lender in favor of Borrower or any of any Borrower’s affiliates, the provisions of this Agreement shall supersede such agreements. Loan and Security Agreement.

Confidentiality; Sharing Information. (a) Agent, each Lender and each Transferee shall hold all Information 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 Information confidential information of this nature; provided, however, Agent, each Lender and each Transferee may disclose such Information confidential information (a) to its examiners, Affiliates, outside auditors, counsel and other professional advisors, (b) to Agent, any Lender or to any prospective transfereesTransferees (such prospective Transferees to execute a similar confidentiality agreement), and (c) as required or requested by any Governmental Authority Body or representative thereof or pursuant to legal process; provided, further that (i) unless specifically prohibited by applicable lawApplicable Law or court order, Agent, each Lender and each Transferee shall use its reasonable best efforts prior to disclosure thereof, to notify Borrower of the applicable request for disclosure of such Information non-public information (A) by a Governmental Authority Body or representative thereof (other than any such request in connection with an examination of the financial condition of such a Lender or a Transferee by such Governmental AuthorityBody) 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 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. Notwithstanding any non-disclosure agreement or similar document executed by Lender in favor of Borrower or any of any Borrower’s affiliates, the provisions of this Agreement shall supersede such agreements. Loan and Security Agreement.