Exchange and Confidentiality of Information. (a) The Borrower agrees that the Agent and each Lender may provide any assignee or participant or any bona fide prospective assignee or participant pursuant to Article 15 with any information concerning the financial condition of the Borrower and its Subsidiaries provided such party agrees in writing with the Agent or such Lender for the benefit of the Borrower to be bound by a like duty of confidentiality to that contained in this Section.
Exchange and Confidentiality of Information. 20.1 Confidential information in respect of a Party means (i) information disclosed by that Party to the other Party under this Agreement that is in its nature confidential, proprietary or commercially sensitive and (ii) information derived from the information referred to in (i), but excludes the following:
Exchange and Confidentiality of Information. (1) Each of the Lenders and the Agent acknowledges the confidential nature of the financial, operational and other information, reports and data provided and to be provided to them by the Borrowers and each other Obligor pursuant to this Agreement (the “Information”) and agrees to hold the Information in confidence and will not discuss or disclose or allow access to, or transfer or transmit the Information to any person, provided however that:
Exchange and Confidentiality of Information. 21.1. For purposes of this Agreement, “Confidential Information” does not include:
Exchange and Confidentiality of Information. (a) Each of the Agent and the Lenders acknowledges the confidential nature of the Information (as defined below) and agrees to use all reasonable efforts to prevent the disclosure thereof; provided, however, that:
Exchange and Confidentiality of Information. 21.1. For purposes of this Agreement, AConfidential Information@ does not include:
Exchange and Confidentiality of Information. The Borrower authorizes and consents to the reproduction, disclosure and use by the Agent and Lenders of information about the Borrower (including, without limitation, the Borrower’s name and any identifying logos) and the transactions herein contemplated to enable the Agent and/or the Lenders to publish promotional “tombstones” and other forms of notices of the transactions contemplated herein in any manner and in any media (including, without limitation, brochures) although such disclosure shall not reference the purchase price and the use of such information shall be subject to the prior approval of the Borrower acting reasonably. The Borrower acknowledges and agrees that the Agent or any Lender shall be entitled to determine, in its discretion, whether to use such information, that no compensation will be payable by the Agent or any Lender resulting therefrom, and that the Agent and the Lender shall have no liability whatsoever to the Borrower or any of its employees, officers, directors, affiliates or shareholders in obtaining and using such information in accordance with the terms hereof.
Exchange and Confidentiality of Information. (a) Xxxxxx and the Borrower each agrees that the Lender may provide any assignee or participant or any bona fide prospective assignee or participant pursuant to Section 15.5 with any information concerning the financial condition of Xxxxxx, the Borrower and its Subsidiaries provided such party agrees in writing with the Lender for the benefit of Xxxxxx and the Borrower to be bound by a like duty of confidentiality to that contained in this Section.
Exchange and Confidentiality of Information. Section 14.1(2) of the Credit Agreement is hereby amended as follows:
Exchange and Confidentiality of Information. Each Party agrees to comply with the terms and conditions of the confidentiality agreement dated as of February 7, 2009 between the Lender and the Borrower in connection with the Arrangement Agreement and certain other parties thereto. In the event that such confidentiality agreement is terminated or otherwise no longer effective, the foregoing covenant shall nevertheless survive and continue to be effective until all Loan Indebtedness has been repaid and the Lender’s Commitment has been terminated pursuant to the terms hereof.
