Common use of Departmentalisation Clause in Contracts

Departmentalisation. (a) In acting as the Senior Secured Notes Trustee, the Senior Secured Notes Trustee shall be treated as acting through its agency division which shall be treated as a separate entity from its other divisions and departments. Any information received or acquired by the Senior Secured Notes Trustee which is received or acquired by some other division or department or otherwise than in its capacity as the Senior Secured Notes Trustee may be treated as confidential by the Senior Secured Notes Trustee and will not be treated as information possessed by the Senior Secured Notes Trustee in its capacity as such. (b) Each of the Parties hereby irrevocably waives, in favour of the Security Agent and/or the Senior Secured Notes Trustee, any conflict of interest which may arise by virtue of the Agent and/or the Trustee acting in various capacities under the Debt Documents or for other customers of the Security Agent or the Senior Secured Notes Trustee. Each of the Parties acknowledges that the Security Agent and the Senior Secured Notes Trustee and their affiliates (together, the “Agent/Trustee Parties”) may have interests in, or may be providing or may in the future provide financial or other services to other parties with interests which a Party may regard as conflicting with its interests and may possess information (whether or not material to the Parties) other than as a result of the Agent/Trustee Parties acting as security agent and/or notes trustee hereunder, that the Agent/Trustee Parties may not be entitled to share with any Party. Without prejudice to the foregoing, each of the Parties agrees that the Agent/Trustee Parties may deal (whether for its own or its customers’ account) in, or advise on, securities of any party and that such dealing or giving of advice, will not constitute a conflict of interest for the purposes of the Debt Documents. (c) The Senior Secured Notes Trustee or Security Agent, as applicable, will treat confidential information obtained from any Party as confidential, but (unless consent is prohibited by law) each Party consents to the transfer and disclosure by the Senior Secured Notes Trustee or Security Agent, as applicable, of any such information to and between branches, subsidiaries, representative offices, affiliates and agents of the Senior Secured Notes Trustee or Security Agent, and third parties selected by any of them, wherever situated, for confidential use (including in connection with the provision of any service and for data processing, statistical and risk analysis purposes). The Senior Secured Notes Trustee or Security Agent, as applicable, and any branch, subsidiary, representative office, affiliate, agent or third party may transfer and disclose any such information as required by any law, court regulator or legal process.