Common use of Permitted Disclosure Clause in Contracts

Permitted Disclosure. Notwithstanding the foregoing, (i) the Company may disclose the existence or content of any of the Confidential Information to its current or bona fide prospective investors, directors, officers, employees, shareholders, investment bankers, lenders, hedge counterparties, agents, trustees, arrangers, accountants, auditors, insurers, business or financial advisors, and attorneys, in each case only where such Persons are under appropriate nondisclosure obligations imposed by professional ethics, law or otherwise; (ii) VKC (and its fund manager) may, without disclosing the identities of the other shareholders or the financing terms of their respective investments in the Company without such other shareholder’s or the Company’s consent, disclose VKC’s investment in the Company to other Persons or to the public at its sole discretion and in relation thereto may use the Company’s logo and trademark (without requiring the Company’s further consent), and if it does so, the other Parties shall have the right to disclose to other Persons any such information disclosed in a press release or other public announcement by VKC; (iii) VKC may disclose the existence or content of any of the Confidential Information to its current or bona fide prospective partners, co-investors and financing sources or transferees, Affiliates and its and their respective employees, officers, directors, bankers, lenders, accountants, legal counsels, business partners or representatives or advisors who need to know such information as VKC deems appropriate and in each case only where such Persons are under appropriate nondisclosure obligations imposed by professional ethics, law or otherwise; (iv) VKC may disclose the existence or content of any of the financing terms for fund and inter-fund reporting purposes and any information contained in press releases or public announcements of the Company pursuant to Section 9.9(b); and (v) any Party may disclose the Confidential Information to any Person to which disclosure is approved in writing by the Party providing the Confidential Information. Any Party may also provide disclosure in order to comply with applicable Laws, as set forth in Section 9.9(c) below.

Permitted Disclosure. Notwithstanding the foregoing, (i) the Company You may disclose the existence or content of Confidential Information: (a) to any member of the Confidential Information to Purchaser Group, its current or bona fide prospective investors, directors, officers, employees, shareholders, investment bankers, lenders, hedge counterparties, agents, trustees, arrangers, accountants, auditors, insurers, business or financial advisors, and attorneys, in each case only where such Persons are under appropriate nondisclosure obligations imposed by professional ethics, law or otherwise; (ii) VKC (and its fund manager) may, without disclosing the identities of the other shareholders or the financing terms of their respective investments in the Company without such other shareholder’s or the Company’s consent, disclose VKC’s investment in the Company to other Persons or to the public at its sole discretion and in relation thereto may use the Company’s logo and trademark (without requiring the Company’s further consent), and if it does so, the other Parties shall have the right to disclose to other Persons any such information disclosed in a press release or other public announcement by VKC; (iii) VKC may disclose the existence or content of any of the Confidential Information to its current or bona fide prospective partners, co-investors and financing sources or transferees, Affiliates and its and their respective employeesadvisers, officers, directors, bankersemployees, lendersauditors and other persons providing services to it (provided that such person is under a duty of confidentiality in relation to the Confidential Information, accountantsprofessional, legal counsels, business partners or representatives or advisors who need to know such information as VKC deems appropriate and in each case only where such Persons are under appropriate nondisclosure obligations imposed by professional ethics, law contractual or otherwise; , to you) to the extent necessary for the Permitted Purpose, if such person to whom the Confidential Information is to be given pursuant to this paragraph is informed in writing of its confidential nature and that some or all of such Confidential Information may be price-sensitive information, except that there shall be no such requirement to so inform if the recipient is subject to professional obligations to maintain the confidentiality of the information or is otherwise bound by requirements of confidentiality in relation to the Confidential Information; (ivb) VKC (i) where requested or required by any court of competent jurisdiction or any competent banking, taxation, judicial, governmental, supervisory, regulatory or equivalent body, (ii) where required by the rules of any stock exchange on which the shares or other securities of any member of the Purchaser Group are listed or (iii) where required by the laws or regulations of any country with jurisdiction over the affairs of any member of the Purchaser Group; (c) to any person: (i) to (or through) whom you transfer (or may disclose the existence potentially transfer) all or content of any of the financing terms for fund rights, benefits and interobligations which you may acquire under the Facility Agreement; or (ii) with (or through) whom you enter into (or may potentially enter into) any sub-fund reporting purposes and participation in relation to, or any information contained in press releases other transaction under which payments are to be made by reference to, the Facility, the Facility Agreement and/or one or public announcements more of the Company pursuant other Finance Documents or the Borrower, provided that such person has delivered to Section 9.9(b)you (with a copy to the Company) a letter in equivalent form to this letter; and (d) notwithstanding paragraphs (a) to (c) above, to such persons to whom, and (v) any on the same terms as, a Finance Party may is permitted to disclose the Confidential Information to any Person to which disclosure is approved in writing by under the Party providing the Confidential Information. Any Party may also provide disclosure in order to comply with applicable LawsFacility Agreement, as if such permissions were set forth out in Section 9.9(c) belowfull in this letter and as if references in those permissions to a Finance Party were references to you.

Permitted Disclosure. Notwithstanding Each Party may disclose Confidential Information to the foregoingextent that such disclosure is: (a) made in response to a valid order of a court of competent jurisdiction or other competent authority; provided, however, that the Receiving Party shall first have given notice to the Disclosing Party and given the Disclosing Party a reasonable opportunity to quash any such order or obtain a protective order requiring that the Confidential Information and documents that are the subject of such order be held in confidence by such court or authority or, if disclosed, be used only for the purpose for which the order was issued; and provided further that if such order is not quashed or a protective order is not obtained, the Confidential Information disclosed in response to such court or governmental order shall be limited to that information that is legally required to be disclosed in response to such court or governmental order; (b) otherwise required by Applicable Law or the requirements of a national securities exchange or another similar regulatory body; provided, however, that the Receiving Party shall (i) provide the Company may disclose the existence or content Disclosing Party with reasonable advance notice of and an opportunity to comment on any of the Confidential Information to its current or bona fide prospective investorssuch required disclosure, directors, officers, employees, shareholders, investment bankers, lenders, hedge counterparties, agents, trustees, arrangers, accountants, auditors, insurers, business or financial advisors, and attorneys, in each case only where such Persons are under appropriate nondisclosure obligations imposed by professional ethics, law or otherwise; (ii) VKC (and its fund manager) mayif requested by the Disclosing Party, without disclosing the identities of the other shareholders or the financing terms of their respective investments in the Company without seek confidential treatment with respect to any such other shareholder’s or the Company’s consent, disclose VKC’s investment in the Company to other Persons or disclosure to the public at its sole discretion and in relation thereto may use the Company’s logo and trademark (without requiring the Company’s further consent)extent available, and if it does so, the other Parties shall have the right to disclose to other Persons any such information disclosed in a press release or other public announcement by VKC; (iii) VKC may disclose consider in good faith the existence or content of any comments of the Confidential Information Disclosing Party in any such disclosure or request for confidential treatment; or (c) made by Company, its Affiliates or Licensees to its current a regulatory authority in connection with any filing, application or bona fide prospective partnersrequest for any approval, co-investors license, registration or authorization relating to a Subject Product; provided, however, that Company will (i) provide Regeneron with reasonable advance notice of and financing sources or transfereesan opportunity to comment on any such required disclosure, Affiliates and its and their respective employees(ii) seek confidential treatment with respect to any such disclosure to the extent available, officers, directors, bankers, lenders, accountants, legal counsels, business partners or representatives or advisors who need to know such information as VKC deems appropriate and in each case only where such Persons are under appropriate nondisclosure obligations imposed by professional ethics, law or otherwise; (iv) VKC may disclose the existence or content of any of the financing terms for fund and inter-fund reporting purposes and any information contained in press releases or public announcements of the Company pursuant to Section 9.9(b); and (viii) consider in good faith the comments of Regeneron in any Party may disclose the Confidential Information to any Person to which such disclosure is approved in writing by the Party providing the Confidential Information. Any Party may also provide disclosure in order to comply with applicable Laws, as set forth in Section 9.9(c) below.or request for confidential treatment;

Permitted Disclosure. Notwithstanding the foregoing, You agree that we may disclose: (ia) the Company may disclose the existence or content of to any of the Confidential Information to its current or bona fide prospective investors, directors, officers, employees, shareholders, investment bankers, lenders, hedge counterparties, agents, trustees, arrangers, accountants, auditors, insurers, business or financial advisors, our Affiliates and attorneys, in each case only where such Persons are under appropriate nondisclosure obligations imposed by professional ethics, law or otherwise; (ii) VKC (and its fund manager) may, without disclosing the identities of the other shareholders or the financing terms of their respective investments in the Company without such other shareholder’s or the Company’s consent, disclose VKC’s investment in the Company to other Persons or to the public at its sole discretion and in relation thereto may use the Company’s logo and trademark (without requiring the Company’s further consent), and if it does so, the other Parties shall have the right to disclose to other Persons any such information disclosed in a press release or other public announcement by VKC; (iii) VKC may disclose the existence or content of any of the Confidential Information to its current our or bona fide prospective partners, co-investors and financing sources or transferees, Affiliates and its and their respective employees, officers, directors, bankersemployees, lenders, accountants, legal counsels, business partners or representatives or advisors who need professional advisers and auditors such Confidential Information as we shall consider appropriate if any person to know such information as VKC deems appropriate and in each case only where such Persons are under appropriate nondisclosure obligations imposed by professional ethics, law or otherwise; (iv) VKC may disclose the existence or content of any of the financing terms for fund and inter-fund reporting purposes and any information contained in press releases or public announcements of the Company pursuant to Section 9.9(b); and (v) any Party may disclose whom the Confidential Information is to any Person be given pursuant to which disclosure this paragraph 2.1 is approved informed in writing of its confidential nature and that some or all of such Confidential Information may be price-sensitive information, except that there shall be no such requirement to so inform if the recipient is subject to professional obligations to maintain the confidentiality of the information or is otherwise bound by the Party providing requirements of confidentiality in relation to the Confidential Information. Any ; (b) subject to the requirements of the Agreement, to any person: (i) to (or through) whom we assign or transfer (or may potentially assign or transfer) all or any of our rights and/or obligations which we may acquire under the Agreement such Confidential Information as we shall consider appropriate if the person to whom the Confidential Information is to be given pursuant to this sub-paragraph (i) of paragraph (a) has delivered a letter to us in equivalent form to this letter; (ii) with (or through) whom we enter into (or may potentially enter into) any sub-participation in relation to, or any other transaction under which payments are to be made or may be made by reference to the Agreement or any Obligor such Confidential Information as we shall consider appropriate if the person to whom the Confidential Information is to be given pursuant to this sub-paragraph (ii) of paragraph (a) has delivered a letter to us in equivalent form to this letter; (iii) to whom information is required or requested to be disclosed by any governmental, banking, taxation or other regulatory authority or similar body, the rules of any relevant stock exchange or pursuant to any applicable law or regulation such Confidential Information as we shall consider appropriate; and (c) notwithstanding paragraphs 2(a) and 2(b) above, Confidential Information to such persons to whom, and on the same terms as, a Finance Party may also provide disclosure in order is permitted to comply with applicable Lawsdisclose Confidential Information under the Agreement, as if such permissions were set forth out in Section 9.9(c) belowfull in this letter and as if references in those permissions to Finance Party were references to us.

Permitted Disclosure. Notwithstanding the foregoing, (i) the Company We agree that you may disclose the existence or content of any Confidential Information and those matters referred to in paragraph 1(b) above: (a) to members of the Confidential Information to its current or bona fide prospective investors, directors, officers, employees, shareholders, investment bankers, lenders, hedge counterparties, agents, trustees, arrangers, accountants, auditors, insurers, business or financial advisors, and attorneys, in each case only where such Persons are under appropriate nondisclosure obligations imposed by professional ethics, law or otherwise; (ii) VKC (and its fund manager) may, without disclosing the identities of the other shareholders or the financing terms of their respective investments in the Company without such other shareholder’s or the Company’s consent, disclose VKC’s investment in the Company to other Persons or to the public at its sole discretion and in relation thereto may use the Company’s logo and trademark (without requiring the Company’s further consent), and if it does so, the other Parties shall have the right to disclose to other Persons any such information disclosed in a press release or other public announcement by VKC; (iii) VKC may disclose the existence or content of any of the Confidential Information to its current or bona fide prospective partners, co-investors and financing sources or transferees, Affiliates and its Participant Group and their respective employees, officers, directors, bankersemployees, lendersprofessional advisers and auditors to the extent necessary for the Permitted Purpose and to any auditors of members of the Participant Group if any person to whom the Confidential Information is to be given pursuant to this paragraph 2(a) is informed in writing of its confidential nature and that some or all of such Confidential Information may be price-sensitive information, accountantsexcept that there shall be no such requirement to so inform if the recipient is subject to professional obligations to maintain the confidentiality of the information or is otherwise bound by requirements of confidentiality in relation to the Confidential Information; (i) where requested or required by any court of competent jurisdiction or any competent judicial, legal counselsgovernmental, business partners supervisory or representatives regulatory body, (ii) where required by the rules of any stock exchange on which the shares or advisors who need other securities of any member of the Participant Group are listed or (iii) where required by the laws or regulations of any country with jurisdiction over the affairs of any member of the Participant Group provided that, prior to know such information as VKC deems appropriate and in each case only where such Persons are any disclosures under appropriate nondisclosure obligations imposed by professional ethics, law or otherwise; (iv) VKC may disclose the existence or content of any of the financing terms for fund preceding clauses you shall give, if legally permitted, advance written notice to us so that we may determine whether to seek to void such required disclosure or take any other remedy; (c) notwithstanding paragraphs 2(a) and inter-fund reporting purposes and any information contained in press releases or public announcements of the Company pursuant to Section 9.9(b); and (v2(b) any Party may disclose the above, Confidential Information to any Person such persons to which disclosure whom, and on the same terms as, a Finance Party is approved in writing by permitted to disclose Confidential Information under the Party providing the Confidential Information. Any Party may also provide disclosure in order to comply with applicable LawsAgreement, as if such permissions were set forth out in Section 9.9(cfull in this letter and as if references in those permissions to Finance Party were references to you; or (d) belowwith the prior written consent of us and the Company.

Permitted Disclosure. Notwithstanding the foregoing, We agree that you may disclose: (ia) the Company may disclose the existence or content of to any of the Confidential Information to its current or bona fide prospective investors, directors, officers, employees, shareholders, investment bankers, lenders, hedge counterparties, agents, trustees, arrangers, accountants, auditors, insurers, business or financial advisors, your Affiliates and attorneys, in each case only where such Persons are under appropriate nondisclosure obligations imposed by professional ethics, law or otherwise; (ii) VKC (and its fund manager) may, without disclosing the identities of the other shareholders or the financing terms of their respective investments in the Company without such other shareholder’s or the Company’s consent, disclose VKC’s investment in the Company to other Persons or to the public at its sole discretion and in relation thereto may use the Company’s logo and trademark (without requiring the Company’s further consent), and if it does so, the other Parties shall have the right to disclose to other Persons any such information disclosed in a press release or other public announcement by VKC; (iii) VKC may disclose the existence or content of any of the Confidential Information to its current your or bona fide prospective partners, co-investors and financing sources or transferees, Affiliates and its and their respective employees, officers, directors, bankersemployees, lenders, accountants, legal counsels, business partners or representatives or advisors who need professional advisers and auditors such Confidential Information as you shall consider appropriate if any person to know such information as VKC deems appropriate and in each case only where such Persons are under appropriate nondisclosure obligations imposed by professional ethics, law or otherwise; (iv) VKC may disclose the existence or content of any of the financing terms for fund and inter-fund reporting purposes and any information contained in press releases or public announcements of the Company pursuant to Section 9.9(b); and (v) any Party may disclose whom the Confidential Information is to any Person be given pursuant to which disclosure this paragraph (a) is approved informed in writing of its confidential nature and that some or all of such Confidential Information may be price-sensitive information, except that there shall be no such requirement to so inform if the recipient is subject to professional obligations to maintain the confidentiality of the information or is otherwise bound by the Party providing requirements of confidentiality in relation to the Confidential Information. Any ; (b) subject to the requirements of the Agreement, to any person: (i) to (or through) whom you assign or transfer (or may potentially assign or transfer) all or any of your rights and/or obligations which you may acquire under the Agreement such Confidential Information as you shall consider appropriate if the person to whom the Confidential Information is to be given pursuant to this sub-paragraph (i) of paragraph (b) has delivered a letter to you in equivalent form to this letter; (ii) with (or through) whom you enter into (or may potentially enter into) any sub-participation in relation to, or any other transaction under which payments are to be made or may be made by reference to the Agreement or any Obligor such Confidential Information as you shall consider appropriate if the person to whom the Confidential Information is to be given pursuant to this sub-paragraph (ii) of paragraph (b) has delivered a letter to you in equivalent form to this letter; (iii) to whom information is required or requested to be disclosed by any governmental, banking, taxation or other regulatory authority or similar body, the rules of any relevant stock exchange or pursuant to any applicable law or regulation such Confidential Information as you shall consider appropriate; and (c) notwithstanding paragraphs (a) and (b) above, Confidential Information to such persons to whom, and on the same terms as, a Finance Party may also provide disclosure in order is permitted to comply with applicable Lawsdisclose Confidential Information under the Agreement, as if such permissions were set forth out in Section 9.9(c) belowfull in this letter and as if references in those permissions to Finance Party were references to you.

Permitted Disclosure. Notwithstanding the foregoing, (i) the Company We agree that you may disclose the existence or content of disclose: 2.1 to any of the Confidential Information to its current or bona fide prospective investors, directors, officers, employees, shareholders, investment bankers, lenders, hedge counterparties, agents, trustees, arrangers, accountants, auditors, insurers, business or financial advisors, your Affiliates and attorneys, in each case only where such Persons are under appropriate nondisclosure obligations imposed by professional ethics, law or otherwise; (ii) VKC (and its fund manager) may, without disclosing the identities of the other shareholders or the financing terms of their respective investments in the Company without such other shareholder’s or the Company’s consent, disclose VKC’s investment in the Company to other Persons or to the public at its sole discretion and in relation thereto may use the Company’s logo and trademark (without requiring the Company’s further consent), and if it does so, the other Parties shall have the right to disclose to other Persons any such information disclosed in a press release or other public announcement by VKC; (iii) VKC may disclose the existence or content of any of the Confidential Information to its current your or bona fide prospective partners, co-investors and financing sources or transferees, Affiliates and its and their respective employees, officers, directors, bankersemployees, lenders, accountants, legal counsels, business partners or representatives or advisors who need professional advisers and auditors such Confidential Information as you shall consider appropriate if any Person to know such information as VKC deems appropriate and in each case only where such Persons are under appropriate nondisclosure obligations imposed by professional ethics, law or otherwise; (iv) VKC may disclose the existence or content of any of the financing terms for fund and inter-fund reporting purposes and any information contained in press releases or public announcements of the Company pursuant to Section 9.9(b); and (v) any Party may disclose whom the Confidential Information is to any Person be given pursuant to which disclosure this paragraph 2.1 is approved informed in writing of its confidential nature and that some or all of such Confidential Information may be price-sensitive information, except that there shall be no such requirement to so inform if the recipient is subject to professional obligations to maintain the confidentiality of the information or is otherwise bound by the Party providing requirements of confidentiality in relation to the Confidential Information; 2.2 subject to the requirements of the Agreement, to any Person: (a) to (or through) whom you assign or transfer (or may potentially assign or transfer) all or any of your rights and/or obligations which you may acquire under the Agreement such Confidential Information as you shall consider appropriate if the Person to whom the Confidential Information is to be given pursuant to this sub-paragraph (a) of paragraph 2.2 has delivered a letter to you in equivalent form to this letter; (b) with (or through) whom you enter into (or may potentially enter into) any sub-participation in relation to, or any other transaction under which payments are to be made or may be made by reference to the Agreement or any Obligor such Confidential Information as you shall consider appropriate if the Person to whom the Confidential Information is to be given pursuant to this sub-paragraph (b) of paragraph 2.2 has delivered a letter to you in equivalent form to this letter; (c) to whom information is required or requested to be disclosed by any governmental, banking, taxation or other regulatory authority or similar body, the rules of any relevant stock exchange or pursuant to any applicable law or regulation such Confidential Information as you shall consider appropriate; and 2.3 notwithstanding paragraphs 2.1 and 2.2. Any above, Confidential Information to such Persons to whom, and on the same terms as, a Secured Party may also provide disclosure in order is permitted to comply with applicable Lawsdisclose Confidential Information under the Agreement, as if such permissions were set forth out in Section 9.9(c) belowfull in this letter and as if references in those permissions to Secured Party were references to you.

Permitted Disclosure. Notwithstanding the foregoing, (i) the Company You agree that we may disclose the existence or content of disclose: 2.1 to any of the Confidential Information to its current or bona fide prospective investors, directors, officers, employees, shareholders, investment bankers, lenders, hedge counterparties, agents, trustees, arrangers, accountants, auditors, insurers, business or financial advisors, our Affiliates and attorneys, in each case only where such Persons are under appropriate nondisclosure obligations imposed by professional ethics, law or otherwise; (ii) VKC (and its fund manager) may, without disclosing the identities of the other shareholders or the financing terms of their respective investments in the Company without such other shareholder’s or the Company’s consent, disclose VKC’s investment in the Company to other Persons or to the public at its sole discretion and in relation thereto may use the Company’s logo and trademark (without requiring the Company’s further consent), and if it does so, the other Parties shall have the right to disclose to other Persons any such information disclosed in a press release or other public announcement by VKC; (iii) VKC may disclose the existence or content of any of the Confidential Information to its current our or bona fide prospective partners, co-investors and financing sources or transferees, Affiliates and its and their respective employees, officers, directors, bankersemployees, lenders, accountants, legal counsels, business partners or representatives or advisors who need professional advisers and auditors such Confidential Information as we shall consider appropriate if any person to know such information as VKC deems appropriate and in each case only where such Persons are under appropriate nondisclosure obligations imposed by professional ethics, law or otherwise; (iv) VKC may disclose the existence or content of any of the financing terms for fund and inter-fund reporting purposes and any information contained in press releases or public announcements of the Company pursuant to Section 9.9(b); and (v) any Party may disclose whom the Confidential Information is to any Person be given pursuant to which disclosure this paragraph 2.1 is approved informed in writing of its confidential nature and that some or all of such Confidential Information may be price-sensitive information, except that there shall be no such requirement to so inform if the recipient is subject to professional obligations to maintain the confidentiality of the information or is otherwise bound by the Party providing requirements of confidentiality in relation to the Confidential Information; 2.2 subject to the requirements of the Agreement, to any person: (a) to (or through) whom we assign or transfer (or may potentially assign or transfer) all or any of our rights and/or obligations which we may acquire under the Agreement such Confidential Information as we shall consider appropriate if the person to whom the Confidential Information is to be given pursuant to this sub-paragraph (a) of paragraph 2.2 has delivered a letter to us in equivalent form to this letter; (b) with (or through) whom we enter into (or may potentially enter into) any sub-participation in relation to, or any other transaction under which payments are to be made or may be made by reference to the Agreement or any Obligor such Confidential Information as we shall consider appropriate if the person to whom the Confidential Information is to be given pursuant to this sub-paragraph (b) of paragraph 2.2 has delivered a letter to us in equivalent form to this letter; (c) to whom information is required or requested to be disclosed by any governmental, banking, taxation or other regulatory authority or similar body, the rules of any relevant stock exchange or pursuant to any applicable law or regulation such Confidential Information as we shall consider appropriate; and 2.3 notwithstanding paragraphs 2.1 and 2.2. Any above, Confidential Information to such persons to whom, and on the same terms as, a Finance Party may also provide disclosure in order is permitted to comply with applicable Lawsdisclose Confidential Information under the Agreement, as if such permissions were set forth out in Section 9.9(c) belowfull in this letter and as if references in those permissions to Finance Party were references to us.

Permitted Disclosure. Notwithstanding the foregoing, (i) the Company We agree that you may disclose the existence or content of disclose: 2.1 to any of the Confidential Information to its current or bona fide prospective investors, directors, officers, employees, shareholders, investment bankers, lenders, hedge counterparties, agents, trustees, arrangers, accountants, auditors, insurers, business or financial advisors, your Affiliates and attorneys, in each case only where such Persons are under appropriate nondisclosure obligations imposed by professional ethics, law or otherwise; (ii) VKC (and its fund manager) may, without disclosing the identities of the other shareholders or the financing terms of their respective investments in the Company without such other shareholder’s or the Company’s consent, disclose VKC’s investment in the Company to other Persons or to the public at its sole discretion and in relation thereto may use the Company’s logo and trademark (without requiring the Company’s further consent), and if it does so, the other Parties shall have the right to disclose to other Persons any such information disclosed in a press release or other public announcement by VKC; (iii) VKC may disclose the existence or content of any of the Confidential Information to its current your or bona fide prospective partners, co-investors and financing sources or transferees, Affiliates and its and their respective employees, officers, directors, bankersemployees, lenders, accountants, legal counsels, business partners or representatives or advisors who need professional advisers and auditors such Confidential Information as you shall consider appropriate if any person to know such information as VKC deems appropriate and in each case only where such Persons are under appropriate nondisclosure obligations imposed by professional ethics, law or otherwise; (iv) VKC may disclose the existence or content of any of the financing terms for fund and inter-fund reporting purposes and any information contained in press releases or public announcements of the Company pursuant to Section 9.9(b); and (v) any Party may disclose whom the Confidential Information is to any Person be given pursuant to which disclosure this paragraph 2.1 is approved informed in writing of its confidential nature and that some or all of such Confidential Information may be price sensitive information, except that there shall be no such requirement to so inform if the recipient is subject to professional obligations to maintain the confidentiality of the information or is otherwise bound by the Party providing requirements of confidentiality in relation to the Confidential Information. Any ; 2.2 subject to the requirements of the Agreement, to any person: (A) to (or through) whom you assign or transfer (or may potentially assign or transfer) all or any of your rights and/or obligations which you may acquire under the Agreement such Confidential Information as you shall consider appropriate if the person to whom the Confidential Information is to be given pursuant to this sub paragraph (A) of paragraph 2.2 has delivered a letter to you in equivalent form to this letter; (B) with (or through) whom you enter into (or may potentially enter into) any sub participation in relation to, or any other transaction under which payments are to be made or may be made by reference to the Agreement or the Borrower such Confidential Information as you shall consider appropriate if the person to whom the Confidential Information is to be given pursuant to this sub paragraph (B) of paragraph 2.2 has delivered a letter to you in equivalent form to this letter; (C) to whom information is required or requested to be disclosed by any governmental, banking, taxation or other regulatory authority or similar body, the rules of any relevant stock exchange or pursuant to any applicable law or regulation such Confidential Information as you shall consider appropriate; and 2.3 notwithstanding paragraphs [***] and [***] above, Confidential Information to such persons to whom, and on the same terms as, a Finance Party may also provide disclosure in order is permitted to comply with applicable Lawsdisclose Confidential Information under the Agreement, as if such permissions were set forth out in Section 9.9(c) belowfull in this letter and as if references in those permissions to Finance Party were references to you.

Permitted Disclosure. Notwithstanding the foregoing, (i) the Company You agree that we may disclose the existence or content of disclose: 2.1 to any of the Confidential Information to its current or bona fide prospective investors, directors, officers, employees, shareholders, investment bankers, lenders, hedge counterparties, agents, trustees, arrangers, accountants, auditors, insurers, business or financial advisors, our Affiliates and attorneys, in each case only where such Persons are under appropriate nondisclosure obligations imposed by professional ethics, law or otherwise; (ii) VKC (and its fund manager) may, without disclosing the identities of the other shareholders or the financing terms of their respective investments in the Company without such other shareholder’s or the Company’s consent, disclose VKC’s investment in the Company to other Persons or to the public at its sole discretion and in relation thereto may use the Company’s logo and trademark (without requiring the Company’s further consent), and if it does so, the other Parties shall have the right to disclose to other Persons any such information disclosed in a press release or other public announcement by VKC; (iii) VKC may disclose the existence or content of any of the Confidential Information to its current our or bona fide prospective partners, co-investors and financing sources or transferees, Affiliates and its and their respective employees, officers, directors, bankersemployees, lenders, accountants, legal counsels, business partners or representatives or advisors who need professional advisers and auditors such Confidential Information as we shall consider appropriate if any person to know such information as VKC deems appropriate and in each case only where such Persons are under appropriate nondisclosure obligations imposed by professional ethics, law or otherwise; (iv) VKC may disclose the existence or content of any of the financing terms for fund and inter-fund reporting purposes and any information contained in press releases or public announcements of the Company pursuant to Section 9.9(b); and (v) any Party may disclose whom the Confidential Information is to any Person be given pursuant to which disclosure this paragraph 2.1 is approved informed in writing of its confidential nature and that some or all of such Confidential Information may be price-sensitive information, except that there shall be no such requirement to so inform if the recipient is subject to professional obligations to maintain the confidentiality of the information or is otherwise bound by the Party providing requirements of confidentiality in relation to the Confidential Information; 2.2 subject to the requirements of the Financing Agreement, to any person: (a) to (or through) whom we assign or transfer (or may potentially assign or transfer) all or any of our rights and/or obligations which we may acquire under the Financing Agreement such Confidential Information as we shall consider appropriate if the person to whom the Confidential Information is to be given pursuant to this sub-paragraph (a) of paragraph 2.2 has delivered a letter to you materially in equivalent form to this letter; (b) with (or through) whom we enter into (or may potentially enter into) any sub-participation in relation to, or any other transaction under which payments are to be made or may be made by reference to the Financing Agreement in relation to that Acquisition or any Obligor such Confidential Information as we shall consider appropriate if the person to whom the Confidential Information is to be given pursuant to this sub-paragraph (b) of paragraph 2.2 has delivered a letter to you in materially equivalent form to this letter; (c) to whom information is required or requested to be disclosed by any governmental, banking, taxation or other regulatory authority or similar body, the rules of any recognised stock exchange or pursuant to any applicable law or regulation such Confidential Information as we shall consider appropriate; and 2.3 notwithstanding paragraphs 2.1 and 2.2. Any above, Confidential Information to such persons to whom, and on the same terms as, a Finance Party may also provide disclosure in order is permitted to comply with applicable Lawsdisclose Confidential Information under the Financing Agreement to which that Acquisition relates, as if such permissions were set forth out in Section 9.9(c) belowfull in this letter and as if references in those permissions to Finance Party were references to us for the purposes of that Acquisition.

Permitted Disclosure. Notwithstanding the foregoing, (i) the Company We agree that you may disclose the existence or content of disclose: 2.1 to any of the Confidential Information to its current or bona fide prospective investors, directors, officers, employees, shareholders, investment bankers, lenders, hedge counterparties, agents, trustees, arrangers, accountants, auditors, insurers, business or financial advisors, your Affiliates and attorneys, in each case only where such Persons are under appropriate nondisclosure obligations imposed by professional ethics, law or otherwise; (ii) VKC (and its fund manager) may, without disclosing the identities of the other shareholders or the financing terms of their respective investments in the Company without such other shareholder’s or the Company’s consent, disclose VKC’s investment in the Company to other Persons or to the public at its sole discretion and in relation thereto may use the Company’s logo and trademark (without requiring the Company’s further consent), and if it does so, the other Parties shall have the right to disclose to other Persons any such information disclosed in a press release or other public announcement by VKC; (iii) VKC may disclose the existence or content of any of the Confidential Information to its current your or bona fide prospective partners, co-investors and financing sources or transferees, Affiliates and its and their respective employees, officers, directors, bankersemployees, lenders, accountants, legal counsels, business partners or representatives or advisors who need professional advisers and auditors such Confidential Information as you shall consider appropriate if any person to know such information as VKC deems appropriate and in each case only where such Persons are under appropriate nondisclosure obligations imposed by professional ethics, law or otherwise; (iv) VKC may disclose the existence or content of any of the financing terms for fund and inter-fund reporting purposes and any information contained in press releases or public announcements of the Company pursuant to Section 9.9(b); and (v) any Party may disclose whom the Confidential Information is to any Person be given pursuant to which disclosure this paragraph 2.1 is approved informed in writing of its confidential nature and that some or all of such Confidential Information may be price-sensitive information, except that there shall be no such requirement to so inform if the recipient is subject to professional obligations to maintain the confidentiality of the information or is otherwise bound by the Party providing requirements of confidentiality in relation to the Confidential Information. Any ; 2.2 subject to the requirements of the Agreement, to any person: (A) to (or through) whom you assign or transfer (or may potentially assign or transfer) all or any of your rights and/or obligations which you may acquire under the Agreement such Confidential Information as you shall consider appropriate if the person to whom the Confidential Information is to be given pursuant to this sub-paragraph (A) of paragraph 2.2 has delivered a letter to you in equivalent form to this letter; (B) with (or through) whom you enter into (or may potentially enter into) any sub-participation in relation to, or any other transaction under which payments are to be made or may be made by reference to the Agreement or the Company such Confidential Information as you shall consider appropriate if the person to whom the Confidential Information is to be given pursuant to this sub-paragraph (B) of paragraph 2.2 has delivered a letter to you in equivalent form to this letter; (C) to whom information is required or requested to be disclosed by any governmental, banking, taxation or other regulatory authority or similar body, the rules of any relevant stock exchange or pursuant to any applicable law or regulation such Confidential Information as you shall consider appropriate; and 2.3 notwithstanding paragraphs 2.1 and 2.2 above, Confidential Information to such persons to whom, and on the same terms as, a Finance Party may also provide disclosure in order is permitted to comply with applicable Lawsdisclose Confidential Information under the Agreement, as if such permissions were set forth out in Section 9.9(c) belowfull in this letter and as if references in those permissions to Finance Party were references to you16.

Permitted Disclosure. Notwithstanding We agree that you may disclose: 2.1 to any of your Affiliates and any of your or their officers, directors, employees, professional advisers and auditors such Confidential Information as you shall consider appropriate if any person to whom the foregoingConfidential Information is to be given pursuant to this paragraph 2.1 is informed in writing of its confidential nature and that some or all of such Confidential Information may be price-sensitive information, except that there shall be no such requirement to so inform if the recipient is subject to professional obligations to maintain the confidentiality of the information or is otherwise bound by requirements of confidentiality in relation to the Confidential Information; 2.2 subject to the requirements of the Agreement, to any person: (a) to (or through) whom you assign or transfer (or may potentially assign or transfer) all or any of your rights and/or obligations which you may acquire under the Agreement such Confidential Information as you shall consider appropriate if the person to whom the Confidential Information is to be given pursuant to this sub-paragraph (a) of paragraph 2.2 has delivered a letter to you in equivalent form to this letter; (b) with (or through) whom you enter into (or may potentially enter into) any sub-participation in relation to, or any other transaction under which payments are to be made or may be made by reference to the Agreement or any Obligor such Confidential Information as you shall consider appropriate if the person to whom the Confidential Information is to be given pursuant to this sub-paragraph (b) of paragraph 2.2 has delivered a letter to you in equivalent form to this letter; (c) to whom information is required or requested to be disclosed by any governmental, banking, taxation or other regulatory authority or similar body, the rules of any relevant stock exchange or pursuant to any applicable law or regulation such Confidential Information as you shall consider appropriate; (d) which is an insurance or reinsurance company for the purpose of obtaining insurance in respect of a Facility Interest provided that such persons (i) the Company may disclose the existence are informed in writing of its confidential nature and that some or content of any all of the Confidential Information to its current or bona fide prospective investors, directors, officers, employees, shareholders, investment bankers, lenders, hedge counterparties, agents, trustees, arrangers, accountants, auditors, insurers, business or financial advisors, may be price sensitive information and attorneys, in each case only where such Persons are under appropriate nondisclosure obligations imposed by professional ethics, law or otherwise; (ii) VKC prior to any disclosure, enter into a confidentiality agreement (in form and its fund managersubstance similar to this letter) maywith you which may be enforced and relied on by each Relevant Person (as defined below), without disclosing the identities Company and each member of the other shareholders or the financing terms of their respective investments in the Company without such other shareholder’s or the Company’s consentGroup; and 2.3 notwithstanding paragraphs 2.1 and 2.2. above, disclose VKC’s investment in the Company to other Persons or to the public at its sole discretion and in relation thereto may use the Company’s logo and trademark (without requiring the Company’s further consent), and if it does so, the other Parties shall have the right to disclose to other Persons any such information disclosed in a press release or other public announcement by VKC; (iii) VKC may disclose the existence or content of any of the Confidential Information to its current or bona fide prospective partnerssuch persons to whom, co-investors and financing sources or transfereeson the same terms as, Affiliates and its and their respective employees, officers, directors, bankers, lenders, accountants, legal counsels, business partners or representatives or advisors who need a Finance Party is permitted to know such information as VKC deems appropriate and in each case only where such Persons are under appropriate nondisclosure obligations imposed by professional ethics, law or otherwise; (iv) VKC may disclose the existence or content of any of the financing terms for fund and inter-fund reporting purposes and any information contained in press releases or public announcements of the Company pursuant to Section 9.9(b); and (v) any Party may disclose the Confidential Information to any Person to which disclosure is approved in writing by under the Party providing the Confidential Information. Any Party may also provide disclosure in order to comply with applicable LawsAgreement, as if such permissions were set forth out in Section 9.9(c) belowfull in this letter and as if references in those permissions to Finance Party were references to you.

Permitted Disclosure. Notwithstanding the foregoing, (i) the Company We agree that you may disclose the existence or content of disclose: 2.1 to any of the Confidential Information to its current or bona fide prospective investors, directors, officers, employees, shareholders, investment bankers, lenders, hedge counterparties, agents, trustees, arrangers, accountants, auditors, insurers, business or financial advisors, your Affiliates and attorneys, in each case only where such Persons are under appropriate nondisclosure obligations imposed by professional ethics, law or otherwise; (ii) VKC (and its fund manager) may, without disclosing the identities of the other shareholders or the financing terms of their respective investments in the Company without such other shareholder’s or the Company’s consent, disclose VKC’s investment in the Company to other Persons or to the public at its sole discretion and in relation thereto may use the Company’s logo and trademark (without requiring the Company’s further consent), and if it does so, the other Parties shall have the right to disclose to other Persons any such information disclosed in a press release or other public announcement by VKC; (iii) VKC may disclose the existence or content of any of the Confidential Information to its current your or bona fide prospective partners, co-investors and financing sources or transferees, Affiliates and its and their respective employees, officers, directors, bankersemployees, lenders, accountants, legal counsels, business partners or representatives or advisors who need professional advisers and auditors such Confidential Information as you shall consider appropriate if any person to know such information as VKC deems appropriate and in each case only where such Persons are under appropriate nondisclosure obligations imposed by professional ethics, law or otherwise; (iv) VKC may disclose the existence or content of any of the financing terms for fund and inter-fund reporting purposes and any information contained in press releases or public announcements of the Company pursuant to Section 9.9(b); and (v) any Party may disclose whom the Confidential Information is to any Person be given pursuant to which disclosure this paragraph 2.1 is approved informed in writing of its confidential nature and that some or all of such Confidential Information may be price-sensitive information, except that there shall be no such requirement to so inform if the recipient is subject to professional obligations to maintain the confidentiality of the information or is otherwise bound by the Party providing requirements of confidentiality in relation to the Confidential Information; 2.2 subject to the requirements of the Agreement, to any person: (a) to (or through) whom you assign or transfer (or may potentially assign or transfer) all or any of your rights and/or obligations which you may acquire under the Agreement such Confidential Information as you shall consider appropriate if the person to whom the Confidential Information is to be given pursuant to this sub-paragraph (a) of paragraph 2.2 has delivered a letter to you in equivalent form to this letter; (b) with (or through) whom you enter into (or may potentially enter into) any sub- participation in relation to, or any other transaction under which payments are to be made or may be made by reference to the Agreement or any Obligor such Confidential Information as you shall consider appropriate if the person to whom the Confidential Information is to be given pursuant to this sub-paragraph (b) of paragraph 2.2 has delivered a letter to you in equivalent form to this letter; (c) to whom information is required or requested to be disclosed by any governmental, banking, taxation or other regulatory authority or similar body, the rules of any relevant stock exchange or pursuant to any applicable law or regulation such Confidential Information as you shall consider appropriate; and 2.3 notwithstanding paragraphs 2.1 and 2.2. Any above, Confidential Information to such persons to whom, and on the same terms as, a Finance Party may also provide disclosure in order is permitted to comply with applicable Lawsdisclose Confidential Information under the Agreement, as if such permissions were set forth out in Section 9.9(c) belowfull in this letter and as if references in those permissions to Finance Party were references to you.

Permitted Disclosure. Notwithstanding the foregoing, You agree that we may disclose: (ia) the Company may disclose the existence or content of to any of the Confidential Information to its current or bona fide prospective investors, directors, officers, employees, shareholders, investment bankers, lenders, hedge counterparties, agents, trustees, arrangers, accountants, auditors, insurers, business or financial advisors, our Affiliates and attorneys, in each case only where such Persons are under appropriate nondisclosure obligations imposed by professional ethics, law or otherwise; (ii) VKC (and its fund manager) may, without disclosing the identities of the other shareholders or the financing terms of their respective investments in the Company without such other shareholder’s or the Company’s consent, disclose VKC’s investment in the Company to other Persons or to the public at its sole discretion and in relation thereto may use the Company’s logo and trademark (without requiring the Company’s further consent), and if it does so, the other Parties shall have the right to disclose to other Persons any such information disclosed in a press release or other public announcement by VKC; (iii) VKC may disclose the existence or content of any of the Confidential Information to its current our or bona fide prospective partners, co-investors and financing sources or transferees, Affiliates and its and their respective employees, officers, directors, bankersemployees, lenders, accountants, legal counsels, business partners or representatives or advisors who need professional advisers and auditors such Confidential Information as we shall consider appropriate if any person to know such information as VKC deems appropriate and in each case only where such Persons are under appropriate nondisclosure obligations imposed by professional ethics, law or otherwise; (iv) VKC may disclose the existence or content of any of the financing terms for fund and inter-fund reporting purposes and any information contained in press releases or public announcements of the Company pursuant to Section 9.9(b); and (v) any Party may disclose whom the Confidential Information is to any Person be given pursuant to which disclosure this paragraph 2(a) is approved informed in writing of its confidential nature and that some or all of such Confidential Information may be price-sensitive information, except that there shall be no such requirement to so inform if the recipient is subject to professional obligations to maintain the confidentiality of the information or is otherwise bound by the Party providing requirements of confidentiality in relation to the Confidential Information; (b) subject to the requirements of the Agreement, to any person: (i) to (or through) whom we assign or transfer (or may potentially assign or transfer) all or any of our rights and/or obligations which we may acquire under the Agreement such Confidential Information as we shall consider appropriate if the person to whom the Confidential Information is to be given pursuant to this sub-paragraph (i) of paragraph 2(b) has delivered a letter to us in equivalent form to this letter; (ii) with (or through) whom we enter into (or may potentially enter into) any sub-participation in relation to, or any other transaction under which payments are to be made or may be made by reference to the Agreement or any Obligor such Confidential Information as we shall consider appropriate if the person to whom the Confidential Information is to be given pursuant to this sub-paragraph (ii) of paragraph 2(b) has delivered a letter to us in equivalent form to this letter; (iii) to whom information is required or requested to be disclosed by any governmental, banking, taxation or other regulatory authority or similar body, the rules of any relevant stock exchange or pursuant to any applicable law or regulation such Confidential Information as we shall consider appropriate; and (c) notwithstanding paragraphs 2(a) and 2(b). Any above, Confidential Information to such persons to whom, and on the same terms as, a Finance Party may also provide disclosure in order is permitted to comply with applicable Lawsdisclose Confidential Information under the Agreement, as if such permissions were set forth out in Section 9.9(c) belowfull in this letter and as if references in those permissions to Finance Party were references to us.

Permitted Disclosure. Notwithstanding the foregoing, (i) the Company You agree that we may disclose the existence or content of to any of the Confidential Information to its current or bona fide prospective investors, directors, officers, employees, shareholders, investment bankers, lenders, hedge counterparties, agents, trustees, arrangers, accountants, auditors, insurers, business or financial advisors, our Affiliates and attorneys, in each case only where such Persons are under appropriate nondisclosure obligations imposed by professional ethics, law or otherwise; (ii) VKC (and its fund manager) may, without disclosing the identities of the other shareholders or the financing terms of their respective investments in the Company without such other shareholder’s or the Company’s consent, disclose VKC’s investment in the Company to other Persons or to the public at its sole discretion and in relation thereto may use the Company’s logo and trademark (without requiring the Company’s further consent), and if it does so, the other Parties shall have the right to disclose to other Persons any such information disclosed in a press release or other public announcement by VKC; (iii) VKC may disclose the existence or content of any of the Confidential Information to its current our or bona fide prospective partners, co-investors and financing sources or transferees, Affiliates and its and their respective employees, officers, directors, bankersemployees, lenders, accountants, legal counsels, business partners or representatives or advisors who need professional advisers and auditors such Confidential Information as we shall consider appropriate if any person to know such information as VKC deems appropriate and in each case only where such Persons are under appropriate nondisclosure obligations imposed by professional ethics, law or otherwise; (iv) VKC may disclose the existence or content of any of the financing terms for fund and inter-fund reporting purposes and any information contained in press releases or public announcements of the Company pursuant to Section 9.9(b); and (v) any Party may disclose whom the Confidential Information is to any Person be given pursuant to which disclosure this paragraph 2.1 is approved informed in writing of its confidential nature and that some or all of such Confidential Information may be price-sensitive information, except that there shall be no such requirement to so inform if the recipient is subject to professional obligations to maintain the confidentiality of the information or is otherwise bound by the Party providing requirements of confidentiality in relation to the Confidential Information; 2.1 subject to the requirements of the Agreement, to any person: (a) to (or through) whom we assign or transfer (or may potentially assign or transfer) all or any of our rights and/or obligations which we may acquire under the Agreement such Confidential Information as we shall consider appropriate if the person to whom the Confidential Information is to be given pursuant to this sub-paragraph (a) of paragraph 2.2 has delivered a letter to us in equivalent form to this letter; (b) with (or through) whom we enter into (or may potentially enter into) any sub-participation in relation to, or any other transaction under which payments are to be made or may be made by reference to the Agreement or any Obligor such Confidential Information as we shall consider appropriate if the person to whom the Confidential Information is to be given pursuant to this sub-paragraph (b) of paragraph 2.2 has delivered a letter to us in equivalent form to this letter; (c) to whom information is required or requested to be disclosed by any governmental, banking, taxation or other regulatory authority or similar body, the rules of any relevant stock exchange or pursuant to any applicable law or regulation such Confidential Information as we shall consider appropriate; and 2.2 notwithstanding paragraphs 2.1 and 2.2. Any above, Confidential Information to such persons to whom, and on the same terms as, a Finance Party may also provide disclosure in order is permitted to comply with applicable Lawsdisclose Confidential Information under the Agreement, as if such permissions were set forth out in Section 9.9(c) belowfull in this letter and as if references in those permissions to Finance Party were references to us.

Permitted Disclosure. Each Party agrees that its use of the Confidential Information of the other Party will be solely for the Permitted Purposes and that such information will be kept confidential and disclosed to no other Person; provided, that each Party may disclose, or may permit disclosure of, Confidential Information (i) to its respective auditors, attorneys, financial advisors, bankers and other appropriate consultants and advisors who have a need to know such Confidential Information in furtherance of effecting the Permitted Purposes, who have been informed of the confidential nature of such information and who have been directed, and who shall have agreed, to treat such information confidentially and to use such information only for the Permitted Purposes and in respect of whose failure to comply with such obligations, such Party will be responsible, (ii) if such Party or any of the members of such Party’s respective Group is compelled to disclose any such information by judicial or administrative process or, in the opinion of independent legal counsel, by other requirements of Applicable Law, (iii) if any such information is or becomes generally available to the public other than as a result of a disclosure in violation of this Agreement or (iv) if such information was or becomes available to either Party or any member of its respective Group on a non-confidential basis and from a source (other than the other Party or any Affiliate, director, officer, employee, agent, consultant, advisor and other representative of such Party) that is not known after actual inquiry to be bound by a confidentiality obligation. Notwithstanding the foregoing, in the event that any demand or request for disclosure of Confidential Information is made pursuant to clause (iii) above, the Company may disclose first Party shall promptly notify the other of the existence of such request or content demand and shall provide the other a reasonable opportunity to seek an appropriate confidentiality agreement, protective order or other remedy at the reasonable cost and expense of any the disclosing party and which both Parties will cooperate in obtaining. In the event that such appropriate protective order or other remedy is not obtained, the Party whose Confidential Information is required to be disclosed shall, or shall cause to be, furnished, only that portion of the Confidential Information that is legally required to its current or bona fide prospective investors, directors, officers, employees, shareholders, investment bankers, lenders, hedge counterparties, agents, trustees, arrangers, accountants, auditors, insurers, business or financial advisors, and attorneys, in each case only where such Persons are under appropriate nondisclosure obligations imposed by professional ethics, law or otherwise; (ii) VKC (and its fund manager) may, without disclosing the identities of the other shareholders or the financing terms of their respective investments in the Company without such other shareholder’s or the Company’s consent, disclose VKC’s investment in the Company to other Persons or to the public at its sole discretion and in relation thereto may use the Company’s logo and trademark (without requiring the Company’s further consent), and if it does so, the other Parties shall have the right to disclose to other Persons any such information disclosed in a press release or other public announcement by VKC; (iii) VKC may disclose the existence or content of any of the Confidential Information to its current or bona fide prospective partners, co-investors and financing sources or transferees, Affiliates and its and their respective employees, officers, directors, bankers, lenders, accountants, legal counsels, business partners or representatives or advisors who need to know such information as VKC deems appropriate and in each case only where such Persons are under appropriate nondisclosure obligations imposed by professional ethics, law or otherwise; (iv) VKC may disclose the existence or content of any of the financing terms for fund and inter-fund reporting purposes and any information contained in press releases or public announcements of the Company pursuant to Section 9.9(b); and (v) any Party may disclose the Confidential Information to any Person to which disclosure is approved in writing by the Party providing the Confidential Information. Any Party may also provide disclosure in order to comply with applicable Laws, as set forth in Section 9.9(c) belowbe disclosed.

Permitted Disclosure. Notwithstanding the foregoing, (i) the Company We agree that you may disclose the existence or content of disclose: 2.1 to any of the Confidential Information to its current or bona fide prospective investors, directors, officers, employees, shareholders, investment bankers, lenders, hedge counterparties, agents, trustees, arrangers, accountants, auditors, insurers, business or financial advisors, your Affiliates and attorneys, in each case only where such Persons are under appropriate nondisclosure obligations imposed by professional ethics, law or otherwise; (ii) VKC (and its fund manager) may, without disclosing the identities of the other shareholders or the financing terms of their respective investments in the Company without such other shareholder’s or the Company’s consent, disclose VKC’s investment in the Company to other Persons or to the public at its sole discretion and in relation thereto may use the Company’s logo and trademark (without requiring the Company’s further consent), and if it does so, the other Parties shall have the right to disclose to other Persons any such information disclosed in a press release or other public announcement by VKC; (iii) VKC may disclose the existence or content of any of the Confidential Information to its current your or bona fide prospective partners, co-investors and financing sources or transferees, Affiliates and its and their respective employees, officers, directors, bankersemployees, lenders, accountants, legal counsels, business partners or representatives or advisors who need professional advisers and auditors such Confidential Information as you shall consider appropriate if any person to know such information as VKC deems appropriate and in each case only where such Persons are under appropriate nondisclosure obligations imposed by professional ethics, law or otherwise; (iv) VKC may disclose the existence or content of any of the financing terms for fund and inter-fund reporting purposes and any information contained in press releases or public announcements of the Company pursuant to Section 9.9(b); and (v) any Party may disclose whom the Confidential Information is to any Person be given pursuant to which disclosure this paragraph 2.1 is approved informed in writing of its confidential nature and that some or all of such Confidential Information may be price-sensitive information, except that there shall be no such requirement to so inform if the recipient is subject to professional obligations to maintain the confidentiality of the information or is otherwise bound by the Party providing requirements of confidentiality in relation to the Confidential Information; 2.2 subject to the requirements of the Agreement, to any person: (a) to (or through) whom you assign or transfer (or may potentially assign or transfer) all or any of your rights and/or obligations which you may acquire under the Agreement such Confidential Information as you shall consider appropriate if the person to whom the Confidential Information is to be given pursuant to this sub-paragraph (a) of paragraph 2.2 has delivered a letter to you in equivalent form to this letter; (b) with (or through) whom you enter into (or may potentially enter into) any sub-participation in relation to, or any other transaction under which payments are to be made or may be made by reference to the Agreement or any Obligor such Confidential Information as you shall consider appropriate if the person to whom the Confidential Information is to be given pursuant to this sub-paragraph (b) of paragraph 2.2 has delivered a letter to you in equivalent form to this letter; (c) to whom information is required or requested to be disclosed by any governmental, banking, taxation or other regulatory authority or similar body, the rules of any relevant stock exchange or pursuant to any applicable law or regulation such Confidential Information as you shall consider appropriate; and 2.3 notwithstanding paragraphs 2.1 and 2.2. Any above, Confidential Information to such persons to whom, and on the same terms as, a Finance Party may also provide disclosure in order is permitted to comply with applicable Lawsdisclose Confidential Information under the Agreement, as if such permissions were set forth out in Section 9.9(c) belowfull in this letter and as if references in those permissions to Finance Party were references to you.

Permitted Disclosure. Notwithstanding the foregoing, (i) the Company ​ You may disclose the existence or content of Confidential Information: ​ (a) to any member of the Confidential Information to Purchaser Group, its current or bona fide prospective investors, directors, officers, employees, shareholders, investment bankers, lenders, hedge counterparties, agents, trustees, arrangers, accountants, auditors, insurers, business or financial advisors, and attorneys, in each case only where such Persons are under appropriate nondisclosure obligations imposed by professional ethics, law or otherwise; (ii) VKC (and its fund manager) may, without disclosing the identities of the other shareholders or the financing terms of their respective investments in the Company without such other shareholder’s or the Company’s consent, disclose VKC’s investment in the Company to other Persons or to the public at its sole discretion and in relation thereto may use the Company’s logo and trademark (without requiring the Company’s further consent), and if it does so, the other Parties shall have the right to disclose to other Persons any such information disclosed in a press release or other public announcement by VKC; (iii) VKC may disclose the existence or content of any of the Confidential Information to its current or bona fide prospective partners, co-investors and financing sources or transferees, Affiliates and its and their respective employeesadvisers, officers, directors, bankersemployees, lendersauditors and other persons providing services to it (provided that such person is under a duty of confidentiality in relation to the Confidential Information, accountantsprofessional, legal counsels, business partners or representatives or advisors who need to know such information as VKC deems appropriate and in each case only where such Persons are under appropriate nondisclosure obligations imposed by professional ethics, law contractual or otherwise, to you) to the extent necessary for the Permitted Purpose, if such person to whom the Confidential Information is to be given pursuant to this paragraph is informed in writing of its confidential nature and that some or all of such Confidential ​ ​ ​ Information may be price-sensitive information, except that there shall be no such requirement to so inform if the recipient is subject to professional obligations to maintain the confidentiality of the information or is otherwise bound by requirements of confidentiality in relation to the Confidential Information; ​ (ivb) VKC (i) where requested or required by any court of competent jurisdiction or any competent banking, taxation, judicial, governmental, supervisory, regulatory or equivalent body, (ii) where required by the rules of any stock exchange on which the shares or other securities of any member of the Purchaser Group are listed or (iii) where required by the laws or regulations of any country with jurisdiction over the affairs of any member of the Purchaser Group; (c) to any person: ​ (i) to (or through) whom you transfer (or may disclose the existence potentially transfer) all or content of any of the financing terms for fund rights, benefits and interobligations which you may acquire under the Facility Agreement; or (ii) with (or through) whom you enter into (or may potentially enter into) any sub-fund reporting purposes and participation in relation to, or any information contained in press releases other transaction under which payments are to be made by reference to, the Facility, the Facility Agreement and/or one or public announcements more of the Company pursuant other Finance Documents or the Obligors, ​ provided that such person has delivered to Section 9.9(b)you (with a copy to the Company) a letter in equivalent form to this letter; and (d) notwithstanding paragraphs (a) to (c) above, to such persons to whom, and (v) any on the same terms as, a Finance Party may is permitted to disclose the Confidential Information to any Person to which disclosure is approved in writing by under the Party providing the Confidential Information. Any Party may also provide disclosure in order to comply with applicable LawsFacility Agreement, as if such permissions were set forth out in Section 9.9(c) belowfull in this letter and as if references in those permissions to a Finance Party were references to you.

Permitted Disclosure. Notwithstanding Each Party may disclose Confidential Information to the foregoingextent that such disclosure is: (a) made in response to a valid order of a court of competent jurisdiction or other competent authority; provided, however, that the Receiving Party shall first have given notice to the Disclosing Party and given the Disclosing Party a reasonable opportunity to quash any such order or obtain a protective order requiring that the Confidential Information and documents that are the subject of such order be held in confidence by such court or authority or, if disclosed, be used only for the purpose for which the order was issued; and provided further that if such order is not quashed or a protective order is not obtained, the Confidential Information disclosed in response to such court or governmental order shall be limited to that information that is legally required to be disclosed in response to such court or governmental order; (b) otherwise required by Applicable Law or the requirements of a national securities exchange or another similar regulatory body; provided, however, that the Receiving Party shall (i) provide the Company may disclose the existence or content Disclosing Party with reasonable advance notice of and an opportunity to comment on any of the Confidential Information to its current or bona fide prospective investorssuch required disclosure, directors, officers, employees, shareholders, investment bankers, lenders, hedge counterparties, agents, trustees, arrangers, accountants, auditors, insurers, business or financial advisors, and attorneys, in each case only where such Persons are under appropriate nondisclosure obligations imposed by professional ethics, law or otherwise; (ii) VKC (and its fund manager) mayif requested by the Disclosing Party, without disclosing the identities of the other shareholders or the financing terms of their respective investments in the Company without seek confidential treatment with respect to any such other shareholder’s or the Company’s consent, disclose VKC’s investment in the Company to other Persons or disclosure to the public at its sole discretion and in relation thereto may use the Company’s logo and trademark (without requiring the Company’s further consent)extent available, and if it does so, the other Parties shall have the right to disclose to other Persons any such information disclosed in a press release or other public announcement by VKC; (iii) VKC may disclose consider in good faith the existence or content of any comments of the Confidential Information Disclosing Party in any such disclosure or request for confidential treatment; or (c) made by Company, its Affiliates or Licensees to its current a regulatory authority in connection with any filing, application or bona fide prospective partnersrequest for any approval, co-investors and financing sources license, registration or transfereesauthorization relating to a Subject Product; provided, Affiliates and its and their respective employeeshowever, officers, directors, bankers, lenders, accountants, legal counsels, business partners or representatives or advisors who need to know such information as VKC deems appropriate and in each case only where such Persons are under appropriate nondisclosure obligations imposed by professional ethics, law or otherwise; that Company will (ivi) VKC may disclose the existence or content of any of the financing terms for fund and inter-fund reporting purposes and any information contained in press releases or public announcements of the Company pursuant to Section 9.9(b); and (v) any Party may disclose the Confidential Information to any Person to which disclosure is approved in writing by the Party providing the Confidential Information. Any Party may also provide disclosure in order to comply with applicable Laws, as set forth in Section 9.9(c) below.20

Permitted Disclosure. Notwithstanding the foregoing, (i) the Company The Purchaser may disclose the existence in relation to each Acquisition made or content of which may be made by it: 2.1 to any of the Confidential Information to its current or bona fide prospective investors, directors, officers, employees, shareholders, investment bankers, lenders, hedge counterparties, agents, trustees, arrangers, accountants, auditors, insurers, business or financial advisors, Affiliates and attorneys, in each case only where such Persons are under appropriate nondisclosure obligations imposed by professional ethics, law or otherwise; (ii) VKC (and its fund manager) may, without disclosing the identities of the other shareholders or the financing terms of their respective investments in the Company without such other shareholder’s or the Company’s consent, disclose VKC’s investment in the Company to other Persons or to the public at its sole discretion and in relation thereto may use the Company’s logo and trademark (without requiring the Company’s further consent), and if it does so, the other Parties shall have the right to disclose to other Persons any such information disclosed in a press release or other public announcement by VKC; (iii) VKC may disclose the existence or content of any of the Confidential Information to its current or bona fide prospective partners, co-investors and financing sources or transferees, Affiliates and its and their respective employees, officers, directors, bankersemployees, lendersprofessional advisers and auditors such Confidential Information as the Purchaser shall consider appropriate if any person to whom such Confidential Information is to be given pursuant to this paragraph [***] is informed in writing of its confidential nature and that some or all of such Confidential Information may be price sensitive information except that there shall be no such requirement to so inform if the recipient is subject to professional obligations to maintain the confidentiality of the information or is otherwise bound by requirements of confidentiality in relation to such Confidential Information; 2.2 subject to the requirements of the relevant Agreement, accountantsto any person: (A) to (or through) whom the Purchaser assigns or transfers (or may potentially assign or transfer) all or any of its rights and/or obligations which it may acquire under that Agreement such Confidential Information which the Seller supplies to the Purchaser in relation to that Acquisition as the Purchaser shall consider appropriate if the person to whom such Confidential Information is to be given pursuant to this sub paragraph (a) of paragraph [***] has delivered a letter to the Purchaser in equivalent form to this undertaking; (B) with (or through) whom the Purchaser enters into (or may potentially enter into) any sub participation in relation to, legal counselsor any other transaction under which payments are to be made or may be made by reference to that Agreement or the Borrower such Confidential Information which the Seller supplies to the Purchaser in relation to that Acquisition as the Purchaser shall consider appropriate if the person to whom such Confidential Information is to be given pursuant to this sub paragraph (b) of paragraph [***] has delivered a letter to the Purchaser in equivalent form to this undertaking; (C) to whom information is required or requested to be disclosed by any governmental, business partners banking, taxation or representatives other regulatory authority or advisors who need similar body, the rules of any relevant stock exchange or pursuant to know such information as VKC deems appropriate and in each case only where such Persons are under appropriate nondisclosure obligations imposed by professional ethics, any applicable law or otherwiseregulation such Confidential Information which the Seller supplies to the Purchaser in relation to that Acquisition as the Purchaser shall consider appropriate; (iv) VKC may disclose the existence or content of any of the financing terms for fund and 2.3 notwithstanding paragraphs [***] and inter-fund reporting purposes and any information contained in press releases or public announcements of the Company pursuant to Section 9.9(b); and (v) any Party may disclose the [***] above, Confidential Information to any Person such persons to whom, and on the same terms as, a Finance Party is permitted to disclose such Confidential Information under the Agreement to which disclosure is approved in writing by the Party providing the Confidential Information. Any Party may also provide disclosure in order to comply with applicable Lawsthat Acquisition relates, as if such permissions were set forth out in Section 9.9(c) belowfull in this undertaking for the purposes of that Acquisition and as if references in those permissions to Finance Party were references to the Purchaser for the purposes of that Acquisition.

Permitted Disclosure. Notwithstanding the foregoing, (i) the Company The Purchaser may disclose the existence in relation to each Acquisition made or content of which may be made by it: 2.1 to any of the Confidential Information to its current or bona fide prospective investors, directors, officers, employees, shareholders, investment bankers, lenders, hedge counterparties, agents, trustees, arrangers, accountants, auditors, insurers, business or financial advisors, Affiliates and attorneys, in each case only where such Persons are under appropriate nondisclosure obligations imposed by professional ethics, law or otherwise; (ii) VKC (and its fund manager) may, without disclosing the identities of the other shareholders or the financing terms of their respective investments in the Company without such other shareholder’s or the Company’s consent, disclose VKC’s investment in the Company to other Persons or to the public at its sole discretion and in relation thereto may use the Company’s logo and trademark (without requiring the Company’s further consent), and if it does so, the other Parties shall have the right to disclose to other Persons any such information disclosed in a press release or other public announcement by VKC; (iii) VKC may disclose the existence or content of any of the Confidential Information to its current or bona fide prospective partners, co-investors and financing sources or transferees, Affiliates and its and their respective employees, officers, directors, bankersemployees, lendersprofessional advisers and auditors such Confidential Information as the Purchaser shall consider appropriate if any person to whom such Confidential Information is to be given pursuant to this paragraph [***] is informed in writing of its confidential nature and that some or all of such Confidential Information may be price sensitive information except that there shall be no such requirement to so inform if the recipient is subject to professional obligations to maintain the confidentiality of the information or is otherwise bound by requirements of confidentiality in relation to such Confidential Information; 2.2 subject to the requirements of the relevant Agreement, accountantsto any person: (A) to (or through) whom the Purchaser assigns or transfers (or may potentially assign or transfer) all or any of its rights and/or obligations which it may acquire under that EUI-1201462749v32 89 Agreement such Confidential Information which the Seller supplies to the Purchaser in relation to that Acquisition as the Purchaser shall consider appropriate if the person to whom such Confidential Information is to be given pursuant to this sub paragraph (a) of paragraph [***] has delivered a letter to the Purchaser in equivalent form to this undertaking; (B) with (or through) whom the Purchaser enters into (or may potentially enter into) any sub participation in relation to, legal counselsor any other transaction under which payments are to be made or may be made by reference to that Agreement or the Borrower such Confidential Information which the Seller supplies to the Purchaser in relation to that Acquisition as the Purchaser shall consider appropriate if the person to whom such Confidential Information is to be given pursuant to this sub paragraph (b) of paragraph [***] has delivered a letter to the Purchaser in equivalent form to this undertaking; (C) to whom information is required or requested to be disclosed by any governmental, business partners banking, taxation or representatives other regulatory authority or advisors who need similar body, the rules of any relevant stock exchange or pursuant to know such information as VKC deems appropriate and in each case only where such Persons are under appropriate nondisclosure obligations imposed by professional ethics, any applicable law or otherwiseregulation such Confidential Information which the Seller supplies to the Purchaser in relation to that Acquisition as the Purchaser shall consider appropriate; (iv) VKC may disclose the existence or content of any of the financing terms for fund and 2.3 notwithstanding paragraphs [***] and inter-fund reporting purposes and any information contained in press releases or public announcements of the Company pursuant to Section 9.9(b); and (v) any Party may disclose the [***] above, Confidential Information to any Person such persons to whom, and on the same terms as, a Finance Party is permitted to disclose such Confidential Information under the Agreement to which disclosure is approved in writing by the Party providing the Confidential Information. Any Party may also provide disclosure in order to comply with applicable Lawsthat Acquisition relates, as if such permissions were set forth out in Section 9.9(c) belowfull in this undertaking for the purposes of that Acquisition and as if references in those permissions to Finance Party were references to the Purchaser for the purposes of that Acquisition.

Permitted Disclosure. Notwithstanding the foregoing, (i) the Company We agree that you may disclose the existence or content of disclose: 2.1 to any of the Confidential Information to its current or bona fide prospective investors, directors, officers, employees, shareholders, investment bankers, lenders, hedge counterparties, agents, trustees, arrangers, accountants, auditors, insurers, business or financial advisors, your Affiliates and attorneys, in each case only where such Persons are under appropriate nondisclosure obligations imposed by professional ethics, law or otherwise; (ii) VKC (and its fund manager) may, without disclosing the identities of the other shareholders or the financing terms of their respective investments in the Company without such other shareholder’s or the Company’s consent, disclose VKC’s investment in the Company to other Persons or to the public at its sole discretion and in relation thereto may use the Company’s logo and trademark (without requiring the Company’s further consent), and if it does so, the other Parties shall have the right to disclose to other Persons any such information disclosed in a press release or other public announcement by VKC; (iii) VKC may disclose the existence or content of any of the Confidential Information to its current your or bona fide prospective partners, co-investors and financing sources or transferees, Affiliates and its and their respective employees, officers, directors, bankersemployees, lenders, accountants, legal counsels, business partners or representatives or advisors who need professional advisers and auditors such Confidential Information as you shall consider appropriate if any person to know such information as VKC deems appropriate and in each case only where such Persons are under appropriate nondisclosure obligations imposed by professional ethics, law or otherwise; (iv) VKC may disclose the existence or content of any of the financing terms for fund and inter-fund reporting purposes and any information contained in press releases or public announcements of the Company pursuant to Section 9.9(b); and (v) any Party may disclose whom the Confidential Information is to any Person be given 204 63529049_1 pursuant to which disclosure this paragraph 2.1 is approved informed in writing of its confidential nature and that some or all of such Confidential Information may be price-sensitive information, except that there shall be no such requirement to so inform if the recipient is subject to professional obligations to maintain the confidentiality of the information or is otherwise bound by the Party providing requirements of confidentiality in relation to the Confidential Information. Any ; 2.2 subject to the requirements of the Agreement, to any person: (a) to (or through) whom you assign or transfer (or may potentially assign or transfer) all or any of your rights and/or obligations which you may acquire under the Agreement such Confidential Information as you shall consider appropriate if the person to whom the Confidential Information is to be given pursuant to this sub-paragraph (a) of paragraph 2.2 has delivered a letter to you in equivalent form to this letter; (b) with (or through) whom you enter into (or may potentially enter into) any sub-participation in relation to, or any other transaction under which payments are to be made or may be made by reference to the Agreement or any Obligor such Confidential Information as you shall consider appropriate if the person to whom the Confidential Information is to be given pursuant to this sub-paragraph (b) of paragraph 2.2 has delivered a letter to you in equivalent form to this letter; (c) to whom information is required or requested to be disclosed by any governmental, banking, taxation or other regulatory authority or similar body, the rules of any relevant stock exchange or pursuant to any applicable law or regulation such Confidential Information as you shall consider appropriate; and 2.3 notwithstanding paragraphs 2.1 and 2.2 above, Confidential Information to such persons to whom, and on the same terms as, a Finance Party may also provide disclosure in order is permitted to comply with applicable Lawsdisclose Confidential Information under the Agreement, as if such permissions were set forth out in Section 9.9(c) belowfull in this letter and as if references in those permissions to Finance Party were references to you.

Permitted Disclosure. Notwithstanding the foregoing, (i) the Company You agree that we may disclose the existence or content of disclose: 2.1 to any of the Confidential Information to its current or bona fide prospective investors, directors, officers, employees, shareholders, investment bankers, lenders, hedge counterparties, agents, trustees, arrangers, accountants, auditors, insurers, business or financial advisors, our Affiliates and attorneys, in each case only where such Persons are under appropriate nondisclosure obligations imposed by professional ethics, law or otherwise; (ii) VKC (and its fund manager) may, without disclosing the identities of the other shareholders or the financing terms of their respective investments in the Company without such other shareholder’s or the Company’s consent, disclose VKC’s investment in the Company to other Persons or to the public at its sole discretion and in relation thereto may use the Company’s logo and trademark (without requiring the Company’s further consent), and if it does so, the other Parties shall have the right to disclose to other Persons any such information disclosed in a press release or other public announcement by VKC; (iii) VKC may disclose the existence or content of any of the Confidential Information to its current our or bona fide prospective partners, co-investors and financing sources or transferees, Affiliates and its and their respective employees, officers, directors, bankersemployees, lenders, accountants, legal counsels, business partners or representatives or advisors who need professional advisers and auditors such Confidential Information as we shall consider appropriate if any person to know such information as VKC deems appropriate and in each case only where such Persons are under appropriate nondisclosure obligations imposed by professional ethics, law or otherwise; (iv) VKC may disclose the existence or content of any of the financing terms for fund and inter-fund reporting purposes and any information contained in press releases or public announcements of the Company pursuant to Section 9.9(b); and (v) any Party may disclose whom the Confidential Information is to any Person be given pursuant to which disclosure this paragraph 2.1 is approved informed in writing of its confidential nature and that some or all of such Confidential Information may be price-sensitive information, except that there shall be no such requirement to so inform if the recipient is subject to professional obligations to maintain the confidentiality of the information or is otherwise bound by the Party providing requirements of confidentiality in relation to the Confidential Information; 2.2 subject to the requirements of the Facilities Agreement, to any person: (a) to (or through) whom we assign or transfer (or may potentially assign or transfer) all or any of our rights and/or obligations which we may acquire under the Facilities Agreement such Confidential Information as we shall consider appropriate if the person to whom the Confidential Information is to be given pursuant to this sub-paragraph (a) of paragraph 2.2 has delivered a letter to you materially in equivalent form to this letter; (b) with (or through) whom we enter into (or may potentially enter into) any sub-participation in relation to, or any other transaction under which payments are to be made or may be made by reference to the Facilities Agreement in relation to that Acquisition or any Obligor such Confidential Information as we shall consider appropriate if the person to whom the Confidential Information is to be given pursuant to this sub-paragraph (b) of paragraph 2.2 has delivered a letter to you in materially equivalent form to this letter; (c) to whom information is required or requested to be disclosed by any governmental, banking, taxation or other regulatory authority or similar body, the rules of any recognised stock exchange or pursuant to any applicable law or regulation such Confidential Information as we shall consider appropriate; and 2.3 notwithstanding paragraphs 2.1 and 2.2. Any above, Confidential Information to such persons to whom, and on the same terms as, a Finance Party may also provide disclosure in order is permitted to comply with applicable Lawsdisclose Confidential Information under the Facilities Agreement to which that Acquisition relates, as if such permissions were set forth out in Section 9.9(c) belowfull in this letter and as if references in those permissions to Finance Party were references to us for the purposes of that Acquisition.

Permitted Disclosure. Notwithstanding the foregoing, (i) the Company We agree that you may disclose the existence or content of disclose: 2.1 to any of the Confidential Information to its current or bona fide prospective investors, directors, officers, employees, shareholders, investment bankers, lenders, hedge counterparties, agents, trustees, arrangers, accountants, auditors, insurers, business or financial advisors, your Affiliates and attorneys, in each case only where such Persons are under appropriate nondisclosure obligations imposed by professional ethics, law or otherwise; (ii) VKC (and its fund manager) may, without disclosing the identities of the other shareholders or the financing terms of their respective investments in the Company without such other shareholder’s or the Company’s consent, disclose VKC’s investment in the Company to other Persons or to the public at its sole discretion and in relation thereto may use the Company’s logo and trademark (without requiring the Company’s further consent), and if it does so, the other Parties shall have the right to disclose to other Persons any such information disclosed in a press release or other public announcement by VKC; (iii) VKC may disclose the existence or content of any of the Confidential Information to its current your or bona fide prospective partners, co-investors and financing sources or transferees, Affiliates and its and their respective employees, officers, directors, bankersemployees, lenders, accountants, legal counsels, business partners or representatives or advisors who need professional advisers and auditors such Confidential Information as you shall consider appropriate if any person to know such information as VKC deems appropriate and in each case only where such Persons are under appropriate nondisclosure obligations imposed by professional ethics, law or otherwise; (iv) VKC may disclose the existence or content of any of the financing terms for fund and inter-fund reporting purposes and any information contained in press releases or public announcements of the Company pursuant to Section 9.9(b); and (v) any Party may disclose whom the Confidential Information is to any Person be given pursuant to which disclosure this paragraph 2.1 is approved informed in writing of its confidential nature and that some or all of such Confidential Information may be price-sensitive information, except that there shall be no such requirement to so inform if the recipient is subject to professional obligations to maintain the confidentiality of the information or is otherwise bound by the Party providing requirements of confidentiality in relation to the Confidential Information. Any ; 2.2 subject to the requirements of the Agreement, to any person: (a) to (or through) whom you assign or transfer (or may potentially assign or transfer) all or any of your rights and/or obligations which you may acquire under the Agreement such Confidential Information as you shall consider appropriate if the person to whom the Confidential Information is to be given pursuant to this 63140965_9 sub-paragraph (a) of paragraph 2.2 has delivered a letter to you in equivalent form to this letter; (b) with (or through) whom you enter into (or may potentially enter into) any sub-participation in relation to, or any other transaction under which payments are to be made or may be made by reference to the Agreement or any Obligor such Confidential Information as you shall consider appropriate if the person to whom the Confidential Information is to be given pursuant to this sub-paragraph (b) of paragraph 2.2 has delivered a letter to you in equivalent form to this letter; (c) to whom information is required or requested to be disclosed by any governmental, banking, taxation or other regulatory authority or similar body, the rules of any relevant stock exchange or pursuant to any applicable law or regulation such Confidential Information as you shall consider appropriate; and 2.3 notwithstanding paragraphs 2.1 and 2.2 above, Confidential Information to such persons to whom, and on the same terms as, a Finance Party may also provide disclosure in order is permitted to comply with applicable Lawsdisclose Confidential Information under the Agreement, as if such permissions were set forth out in Section 9.9(c) belowfull in this letter and as if references in those permissions to Finance Party were references to you.

Permitted Disclosure. Notwithstanding the foregoing, We agree that you may disclose: (ia) the Company may disclose the existence or content of to any of the Confidential Information to its current or bona fide prospective investors, directors, officers, employees, shareholders, investment bankers, lenders, hedge counterparties, agents, trustees, arrangers, accountants, auditors, insurers, business or financial advisors, your Affiliates and attorneys, in each case only where such Persons are under appropriate nondisclosure obligations imposed by professional ethics, law or otherwise; (ii) VKC (and its fund manager) may, without disclosing the identities of the other shareholders or the financing terms of their respective investments in the Company without such other shareholder’s or the Company’s consent, disclose VKC’s investment in the Company to other Persons or to the public at its sole discretion and in relation thereto may use the Company’s logo and trademark (without requiring the Company’s further consent), and if it does so, the other Parties shall have the right to disclose to other Persons any such information disclosed in a press release or other public announcement by VKC; (iii) VKC may disclose the existence or content of any of the Confidential Information to its current your or bona fide prospective partners, co-investors and financing sources or transferees, Affiliates and its and their respective employees, officers, directors, bankersemployees, lendersprofessional advisers and auditors such Confidential Information as you shall consider appropriate if any person to whom the Confidential Information is to be given pursuant to this paragraph is informed in writing of its confidential nature and that some or all of such Confidential Information may be price-sensitive information, accountantsexcept that there shall be no such requirement to so inform if the recipient is subject to professional obligations to maintain the confidentiality of the information or is otherwise bound by requirements of confidentiality in relation to the Confidential Information; (b) subject to the requirements of the Facility Agreement, legal counselsto any person: (i) to (or through) whom you assign or transfer (or may potentially assign or transfer) all or any of your rights and/or obligations which you may acquire under the Facility Agreement such Confidential Information as you shall consider appropriate if the person to whom the Confidential Information is to be given pursuant to this sub-paragraph (i) of paragraph (b) has delivered a letter to you in equivalent form to this letter;; or (ii) with (or through) whom you enter into (or may potentially enter into) any sub-participation in relation to, business partners or representatives any other transaction under which payments are to be made or advisors who need may be made by reference to know the Facility Agreement or the Borrower such Confidential Information as you shall consider appropriate if the person to whom the Confidential Information is to be given pursuant to this sub-paragraph (ii) of paragraph (b) has delivered a letter to you in equivalent form to this letter; (iii) to whom information as VKC deems appropriate and in each case only where such Persons are under appropriate nondisclosure obligations imposed is required or requested to be disclosed by professional ethicsany court of competent jurisdiction or any governmental, banking, taxation or other regulatory authority or similar body, the rules of any relevant stock exchange or pursuant to any applicable law or otherwiseregulation such Confidential Information as you shall consider appropriate; if the person to whom the Confidential Information is to be given pursuant to this sub-paragraph (iii) of paragraph (b) is informed of its confidential nature and that some or all of such Confidential Information may be price-sensitive information except that there shall be no requirement to so inform if it is not practicable so to do in the circumstances; (iv) VKC may disclose to whom information is required to be disclosed in connection with, and for the existence purposes of, any litigation, arbitration, administrative or content of any of other investigations, proceedings or disputes, if the financing terms for fund and inter-fund reporting purposes and any information contained in press releases or public announcements of person to whom the Company Confidential Information is to be given pursuant to Section 9.9(b); this sub-paragraph (iv) of paragraph (b ) is informed of its confidential nature and that some or all of such Confidential Information may be price-sensitive information except that there shall be no requirement to so inform if it is not practicable so to do in the circumstances; (v) any Party may disclose who is a Party; and (vi) with the consent of ▇▇▇▇▇▇▇▇. (c) notwithstanding paragraphs (a) to (c) above, Confidential Information to any Person such persons to which disclosure whom, and on the same terms as, a Lender is approved in writing by permitted to disclose Confidential Information under the Party providing the Confidential Information. Any Party may also provide disclosure in order to comply with applicable LawsFacility Agreement, as if such permissions were set forth out in Section 9.9(c) belowfull in this letter and as if references in those permissions to a Lender were references to you.

Permitted Disclosure. Notwithstanding the foregoing, provisions of Clause 9.2: (ia) the Company may disclose the existence or content of any of the Confidential Information to its current or bona fide prospective investors, directors, officers, employees, shareholders, investment bankers, lenders, hedge counterparties, agents, trustees, arrangers, accountants, auditors, insurers, business or financial advisors, and attorneys, in each case only where such Persons are under appropriate nondisclosure obligations imposed by professional ethics, law or otherwise; (ii) VKC (and its fund manager) may, without disclosing the identities of the other shareholders or the financing terms of their respective investments in the Company without such other shareholder’s or the Company’s consent, disclose VKC’s investment in the Company to other Persons or to the public at its sole discretion and in relation thereto may use the Company’s logo and trademark (without requiring the Company’s further consent), and if it does so, the other Parties shall have the right to disclose to other Persons any such information disclosed in a press release or other public announcement by VKC; (iii) VKC may disclose the existence or content of any of the Confidential Information to its current or bona fide prospective partners, co-investors and financing sources or transferees, Affiliates and its and their respective employees, officers, directors, bankers, lenders, accountants, legal counsels, business partners or representatives or advisors who need to know such information as VKC deems appropriate and in each case only where such Persons are under appropriate nondisclosure obligations imposed by professional ethics, law or otherwise; (iv) VKC may disclose the existence or content of any of the financing terms for fund and inter-fund reporting purposes and any information contained in press releases or public announcements of the Company pursuant which any Party is required to Section 9.9(b); and submit to any Governmental Authority having jurisdiction over such Party may be so submitted; (vb) any Party may disclose any information (in the Confidential Information case of (iv), (v) and (vi) after first having given notice in writing to the other Party of any intended disclosure): (i) to any Person Affiliated Company or to which any professional advisers, auditors or consultants (to the extent required for the proper execution of their work) of such Party provided that the relevant Party at all times procures that any person to whom any such information is disclosed at all times treats that information as confidential in accordance with the provisions of this Clause 9; (ii) to any bona fide intending transferee of the whole or a significant part of the issued share capital of such Party or to any bona fide assignee of the whole or any part of such Party's interest under this Agreement provided that the relevant Party at all times procures that any person to whom any such information is disclosed at all times treats that information as confidential in accordance with the provisions of this Clause 9; (iii) to any financier or bank or financial institution from whom such Party has obtained or is seeking finance or finance related services provided that the relevant Party at all times procures that any person to whom any such information is disclosed at all times treats that information as confidential in accordance with the provisions of this Clause 9; (iv) to the extent required by law or in relation to any stock market regulations; (v) to the extent required by the order of any court having competent jurisdiction; (vi) to any competent tax authority; (vii) to any directors, officer or employee of the Party in question or to any person engaged in the provision of goods or services to or for such Party if disclosure is approved in writing by necessary or expedient to enable the Party providing in question to perform its obligations under this Agreement or to enforce its rights under this Agreement, provided that the Confidential Information. Any relevant Party may also provide disclosure at all times procures that any person to whom any such information is disclosed at all times treats that information as confidential in order accordance with the provisions of this Clause 11; (viii) to comply with applicable Lawsany Expert provided that such Expert has entered into a confidentiality undertaking as provided for in clause 3.1 of the Expert Determination Agreement; (ix) in the course of, and as set forth in Section 9.9(crequired or reasonably necessary for the purposes of, any litigation or arbitration; and/or (x) belowto any Regulator.

Permitted Disclosure. Notwithstanding the foregoing, (i) the Company We agree that you may disclose the existence or content of disclose: 2.1. to any of the Confidential Information to its current or bona fide prospective investors, directors, officers, employees, shareholders, investment bankers, lenders, hedge counterparties, agents, trustees, arrangers, accountants, auditors, insurers, business or financial advisors, your Affiliates and attorneys, in each case only where such Persons are under appropriate nondisclosure obligations imposed by professional ethics, law or otherwise; (ii) VKC (and its fund manager) may, without disclosing the identities of the other shareholders or the financing terms of their respective investments in the Company without such other shareholder’s or the Company’s consent, disclose VKC’s investment in the Company to other Persons or to the public at its sole discretion and in relation thereto may use the Company’s logo and trademark (without requiring the Company’s further consent), and if it does so, the other Parties shall have the right to disclose to other Persons any such information disclosed in a press release or other public announcement by VKC; (iii) VKC may disclose the existence or content of any of the Confidential Information to its current your or bona fide prospective partners, co-investors and financing sources or transferees, Affiliates and its and their respective employees, officers, directors, bankersemployees, lenders, accountants, legal counsels, business partners or representatives or advisors who need professional advisers and auditors such Confidential Information as you shall consider appropriate if any person to know such information as VKC deems appropriate and in each case only where such Persons are under appropriate nondisclosure obligations imposed by professional ethics, law or otherwise; (iv) VKC may disclose the existence or content of any of the financing terms for fund and inter-fund reporting purposes and any information contained in press releases or public announcements of the Company pursuant to Section 9.9(b); and (v) any Party may disclose whom the Confidential Information is to any Person be given pursuant to which disclosure this paragraph 2.1 is approved informed in writing of its confidential nature and that some or all of such Confidential Information may be price-sensitive information, except that there shall be no such requirement to so inform if the recipient is subject to professional obligations to maintain the confidentiality of the information or is otherwise bound by the Party providing requirements of confidentiality in relation to the Confidential Information; 2.2. Any subject to the requirements of the Agreement, to any person: (a) to (or through) whom you assign or transfer (or may potentially assign or transfer) all or any of your rights and/or obligations which you may acquire under the Agreement such Confidential Information as you shall consider appropriate if the person to whom the Confidential Information is to be given pursuant to this sub-paragraph (a) of paragraph 2.2 has delivered a letter to you in equivalent form to this letter; (b) with (or through) whom you enter into (or may potentially enter into) any sub-participation in relation to, or any other transaction under which payments are to be made or may be made by reference to the Agreement or any Obligor such Confidential Information as you shall consider appropriate if the person to whom the Confidential Information is to be given pursuant to this sub-paragraph (b) of paragraph 2.2 has delivered a letter to you in equivalent form to this letter; (c) to whom information is required or requested to be disclosed by any governmental, banking, taxation or other regulatory authority or similar body, the rules of any relevant stock exchange or pursuant to any applicable law or regulation such Confidential Information as you shall consider appropriate; and 2.3. notwithstanding paragraphs 2.1 and 2.2. above, Confidential Information to such persons to whom, and on the same terms as, a Finance Party may also provide disclosure in order is permitted to comply with applicable Lawsdisclose Confidential Information under the Agreement, as if such permissions were set forth out in Section 9.9(c) belowfull in this letter and as if references in those permissions to Finance Party were references to you.

Permitted Disclosure. Notwithstanding the foregoing, provisions of Clause 9.2: (ia) the Company may disclose the existence or content of any of the Confidential Information to its current or bona fide prospective investors, directors, officers, employees, shareholders, investment bankers, lenders, hedge counterparties, agents, trustees, arrangers, accountants, auditors, insurers, business or financial advisors, and attorneys, in each case only where such Persons are under appropriate nondisclosure obligations imposed by professional ethics, law or otherwise; (ii) VKC (and its fund manager) may, without disclosing the identities of the other shareholders or the financing terms of their respective investments in the Company without such other shareholder’s or the Company’s consent, disclose VKC’s investment in the Company to other Persons or to the public at its sole discretion and in relation thereto may use the Company’s logo and trademark (without requiring the Company’s further consent), and if it does so, the other Parties shall have the right to disclose to other Persons any such information disclosed in a press release or other public announcement by VKC; (iii) VKC may disclose the existence or content of any of the Confidential Information to its current or bona fide prospective partners, co-investors and financing sources or transferees, Affiliates and its and their respective employees, officers, directors, bankers, lenders, accountants, legal counsels, business partners or representatives or advisors who need to know such information as VKC deems appropriate and in each case only where such Persons are under appropriate nondisclosure obligations imposed by professional ethics, law or otherwise; (iv) VKC may disclose the existence or content of any of the financing terms for fund and inter-fund reporting purposes and any information contained in press releases or public announcements of the Company pursuant which any Party is required to Section 9.9(b); and submit to any Governmental Authority having jurisdiction over such Party may be so submitted; (vb) any Party may disclose any information (in the Confidential Information case of (iv), (v) and (vi) after first having given notice in writing to the other Party of any intended disclosure): (i) to any Person Affiliated Company or to which any professional advisers, auditors or consultants (to the extent required for the proper execution of their work) of such Party provided that the relevant Party at all times procures that any person to whom any such information is disclosed at all times treats that information as confidential in accordance with the provisions of this Clause 9; (ii) to any bona fide intending transferee of the whole or a significant part of the issued share capital of such Party or to any bona fide assignee of the whole or any part of such Party's interest under this Agreement provided that the relevant Party at all times procures that any person to whom any such information is disclosed at all times treats that information as confidential in accordance with the provisions of this Clause 9; (iii) to any financier or bank or financial institution from whom such Party has obtained or is seeking finance or finance related services provided that the relevant Party at all times procures that any person to whom any such information is disclosed at all times treats that information as confidential in accordance with the provisions of this Clause 9; (iv) to the extent required by law or in relation to any stock market regulations; (v) to the extent required by the order of any court having competent jurisdiction; (vi) to any competent tax authority; (vii) to any directors, officer or employee of the Party in question or to any person engaged in the provision of goods or services to or for such Party if disclosure is approved in writing by necessary or expedient to enable the Party providing in question to perform its obligations under this Agreement or to enforce its rights under this Agreement, provided that the Confidential Information. Any relevant Party may also provide disclosure at all times procures that any person to whom any such information is disclosed at all times treats that information as confidential in order accordance with the provisions of this Clause 11; (viii) to comply with applicable Lawsany Expert provided that such Expert has entered into a confidentiality undertaking as provided for in Clause 13.3 below; (ix) in the course of, and as set forth in Section 9.9(crequired or reasonably necessary for the purposes of, any litigation or arbitration; and/or (x) belowto any Regulator.

Permitted Disclosure. Notwithstanding the foregoing, (i) the Company You may disclose the existence or content of Confidential Information: (a) to any member of the Confidential Information to Purchaser Group, its current or bona fide prospective investors, directors, officers, employees, shareholders, investment bankers, lenders, hedge counterparties, agents, trustees, arrangers, accountants, auditors, insurers, business or financial advisors, and attorneys, in each case only where such Persons are under appropriate nondisclosure obligations imposed by professional ethics, law or otherwise; (ii) VKC (and its fund manager) may, without disclosing the identities of the other shareholders or the financing terms of their respective investments in the Company without such other shareholder’s or the Company’s consent, disclose VKC’s investment in the Company to other Persons or to the public at its sole discretion and in relation thereto may use the Company’s logo and trademark (without requiring the Company’s further consent), and if it does so, the other Parties shall have the right to disclose to other Persons any such information disclosed in a press release or other public announcement by VKC; (iii) VKC may disclose the existence or content of any of the Confidential Information to its current or bona fide prospective partners, co-investors and financing sources or transferees, Affiliates and its and their respective employeesadvisers, officers, directors, bankersemployees, lendersauditors and other persons providing services to it (provided that such person is under a duty of confidentiality in relation to the Confidential Information, accountantsprofessional, legal counsels, business partners or representatives or advisors who need to know such information as VKC deems appropriate and in each case only where such Persons are under appropriate nondisclosure obligations imposed by professional ethics, law contractual or otherwise; , to you) to the extent necessary for the Permitted Purpose, if such person to whom the 111 = NUMPAGES 135-2 133 Confidential Information is to be given pursuant to this paragraph is informed in writing of its confidential nature and that some or all of such Confidential Information may be price-sensitive information, except that there shall be no such requirement to so inform if the recipient is subject to professional obligations to maintain the confidentiality of the information or is otherwise bound by requirements of confidentiality in relation to the Confidential Information; (ivb) VKC (i) where requested or required by any court of competent jurisdiction or any competent banking, taxation, judicial, governmental, supervisory, regulatory or equivalent body, (ii) where required by the rules of any stock exchange on which the shares or other securities of any member of the Purchaser Group are listed or (iii) where required by the laws or regulations of any country with jurisdiction over the affairs of any member of the Purchaser Group; (c) to any person: (i) to (or through) whom you transfer (or may disclose the existence potentially transfer) all or content of any of the financing terms for fund rights, benefits and interobligations which you may acquire under the Facility Agreement; or (ii) with (or through) whom you enter into (or may potentially enter into) any sub-fund reporting purposes and participation in relation to, or any information contained in press releases other transaction under which payments are to be made by reference to, the Facility, the Facility Agreement and/or one or public announcements more of the Company pursuant other Finance Documents or the Obligors, provided that such person has delivered to Section 9.9(b)you (with a copy to the Company) a letter in equivalent form to this letter; and (d) notwithstanding paragraphs (a) to (c) above, to such persons to whom, and (v) any on the same terms as, a Finance Party may is permitted to disclose the Confidential Information to any Person to which disclosure is approved in writing by under the Party providing the Confidential Information. Any Party may also provide disclosure in order to comply with applicable LawsFacility Agreement, as if such permissions were set forth out in Section 9.9(c) belowfull in this letter and as if references in those permissions to a Finance Party were references to you.

Permitted Disclosure. Notwithstanding the foregoing, (i) the Company You may disclose the existence or content of Confidential Information: (a) to any member of the Confidential Information to Purchaser Group, its current or bona fide prospective investors, directors, officers, employees, shareholders, investment bankers, lenders, hedge counterparties, agents, trustees, arrangers, accountants, auditors, insurers, business or financial advisors, and attorneys, in each case only where such Persons are under appropriate nondisclosure obligations imposed by professional ethics, law or otherwise; (ii) VKC (and its fund manager) may, without disclosing the identities of the other shareholders or the financing terms of their respective investments in the Company without such other shareholder’s or the Company’s consent, disclose VKC’s investment in the Company to other Persons or to the public at its sole discretion and in relation thereto may use the Company’s logo and trademark (without requiring the Company’s further consent), and if it does so, the other Parties shall have the right to disclose to other Persons any such information disclosed in a press release or other public announcement by VKC; (iii) VKC may disclose the existence or content of any of the Confidential Information to its current or bona fide prospective partners, co-investors and financing sources or transferees, Affiliates and its and their respective employeesadvisers, officers, directors, bankersemployees, lendersauditors and other persons providing services to it (provided that such person is under a duty of confidentiality in relation to the Confidential Information, accountantsprofessional, legal counsels, business partners or representatives or advisors who need to know such information as VKC deems appropriate and in each case only where such Persons are under appropriate nondisclosure obligations imposed by professional ethics, law contractual or otherwise, to you) to the extent necessary for the Permitted Purpose, if such person to whom the Confidential Information is to be given pursuant to this paragraph is informed in writing of its confidential nature and that some or all of such Confidential Information may be price-sensitive information, except that there shall be no such requirement to so inform if the recipient is subject to professional obligations to maintain the confidentiality of the information or is otherwise bound by requirements of confidentiality in relation to the Confidential Information; (b) (i) where requested or required by any court of competent jurisdiction or any competent banking, taxation, judicial, governmental, supervisory, regulatory or equivalent body, (ii) where required by the rules of any stock exchange on which the shares or other securities of any member of the Purchaser Group are listed or (iii) where required by the laws or regulations of any country with jurisdiction over the affairs of any member of the Purchaser Group; and (ivc) VKC to any person: (i) to (or through) whom you assign or transfer (or may disclose the existence potentially assign or content of transfer) all or any of the financing terms for fund rights, benefits and interobligations which you may acquire under the Facilities Agreement; or (ii) with (or through) whom you enter into (or may potentially enter into) any sub-fund reporting purposes and participation in relation to, or any information contained in press releases other transaction under which payments are to be made by reference to, the Facilities, the Facilities Agreement and/or one or public announcements more of the Company pursuant other Finance Documents or any Obligor, provided that such person has delivered to Section 9.9(b)you (with a copy to the Company) a letter in equivalent form to this letter; and (d) notwithstanding paragraphs (a) to (c) above, to such persons to whom, and (v) any on the same terms as, a Finance Party may is permitted to disclose the Confidential Information to any Person to which disclosure is approved in writing by under the Party providing the Confidential Information. Any Party may also provide disclosure in order to comply with applicable LawsFacilities Agreement, as if such permissions were set forth out in Section 9.9(c) belowfull in this letter and as if references in those permissions to a Finance Party were references to you.

Permitted Disclosure. Notwithstanding the foregoing, We agree that you may disclose: (ia) the Company may disclose the existence or content of to any of the Confidential Information to its current or bona fide prospective investors, directors, officers, employees, shareholders, investment bankers, lenders, hedge counterparties, agents, trustees, arrangers, accountants, auditors, insurers, business or financial advisors, your Affiliates and attorneys, in each case only where such Persons are under appropriate nondisclosure obligations imposed by professional ethics, law or otherwise; (ii) VKC (and its fund manager) may, without disclosing the identities of the other shareholders or the financing terms of their respective investments in the Company without such other shareholder’s or the Company’s consent, disclose VKC’s investment in the Company to other Persons or to the public at its sole discretion and in relation thereto may use the Company’s logo and trademark (without requiring the Company’s further consent), and if it does so, the other Parties shall have the right to disclose to other Persons any such information disclosed in a press release or other public announcement by VKC; (iii) VKC may disclose the existence or content of any of the Confidential Information to its current your or bona fide prospective partners, co-investors and financing sources or transferees, Affiliates and its and their respective employees, officers, directors, bankersemployees, lenders, accountants, legal counsels, business partners or representatives or advisors who need professional advisers and auditors such Confidential Information as you shall consider appropriate if any person to know such information as VKC deems appropriate and in each case only where such Persons are under appropriate nondisclosure obligations imposed by professional ethics, law or otherwise; (iv) VKC may disclose the existence or content of any of the financing terms for fund and inter-fund reporting purposes and any information contained in press releases or public announcements of the Company pursuant to Section 9.9(b); and (v) any Party may disclose whom the Confidential Information is to any Person be given pursuant to which disclosure this sub-paragraph (a) is approved informed in writing of its confidential nature and that some or all of such Confidential Information may be price-sensitive information, except that there shall be no such requirement to so inform if the recipient is subject to professional obligations to maintain the confidentiality of the information or is otherwise bound by the Party providing requirements of confidentiality in relation to the Confidential Information. Any ; 93954-4-1-v3.0 -116- 70-40529536 (b) subject to the requirements of the Agreement, to any person: (i) to (or through) whom you assign or transfer (or may potentially assign or transfer) all or any of your rights and/or obligations which you may acquire under the Agreement such Confidential Information as you shall consider appropriate if the person to whom the Confidential Information is to be given pursuant to this sub-paragraph (i) has delivered a letter to you in equivalent form to this letter; (ii) with (or through) whom you enter into (or may potentially enter into) any sub-participation in relation to, or any other transaction under which payments are to be made or may be made by reference to the Agreement or any Obligor such Confidential Information as you shall consider appropriate if the person to whom the Confidential Information is to be given pursuant to this sub-paragraph (ii) has delivered a letter to you in equivalent form to this letter; (iii) to whom information is required or requested to be disclosed by any governmental, banking, taxation or other regulatory authority or similar body, the rules of any relevant stock exchange or pursuant to any applicable law or regulation such Confidential Information as you shall consider appropriate; and (c) notwithstanding sub-paragraphs (a) and (b) above, Confidential Information to such persons to whom, and on the same terms as, a Finance Party may also provide disclosure in order is permitted to comply with applicable Lawsdisclose Confidential Information under the Agreement, as if such permissions were set forth out in Section 9.9(c) belowfull in this letter and as if references in those permissions to Finance Party were references to you.

Permitted Disclosure. Notwithstanding the foregoing, (i) the Company We agree that you may disclose the existence or content of disclose: 2.1 to any of the Confidential Information to its current or bona fide prospective investors, directors, officers, employees, shareholders, investment bankers, lenders, hedge counterparties, agents, trustees, arrangers, accountants, auditors, insurers, business or financial advisors, your Affiliates and attorneys, in each case only where such Persons are under appropriate nondisclosure obligations imposed by professional ethics, law or otherwise; (ii) VKC (and its fund manager) may, without disclosing the identities of the other shareholders or the financing terms of their respective investments in the Company without such other shareholder’s or the Company’s consent, disclose VKC’s investment in the Company to other Persons or to the public at its sole discretion and in relation thereto may use the Company’s logo and trademark (without requiring the Company’s further consent), and if it does so, the other Parties shall have the right to disclose to other Persons any such information disclosed in a press release or other public announcement by VKC; (iii) VKC may disclose the existence or content of any of the Confidential Information to its current your or bona fide prospective partners, co-investors and financing sources or transferees, Affiliates and its and their respective employees, officers, directors, bankersemployees, lenders, accountants, legal counsels, business partners or representatives or advisors who need professional advisers and auditors such Confidential Information as you shall consider appropriate if any person to know such information as VKC deems appropriate and in each case only where such Persons are under appropriate nondisclosure obligations imposed by professional ethics, law or otherwise; (iv) VKC may disclose the existence or content of any of the financing terms for fund and inter-fund reporting purposes and any information contained in press releases or public announcements of the Company pursuant to Section 9.9(b); and (v) any Party may disclose whom the Confidential Information is to any Person be given pursuant to which disclosure this paragraph ‎2.1 is approved informed in writing of its confidential nature and that some or all of such Confidential Information may be price sensitive information, except that there shall be no such requirement to so inform if the recipient is subject to professional obligations to maintain the confidentiality of the information or is otherwise bound by the Party providing requirements of confidentiality in relation to the Confidential Information. Any ; 2.2 subject to the requirements of the Agreement, to any person: (A) to (or through) whom you assign or transfer (or may potentially assign or transfer) all or any of your rights and/or obligations which you may acquire under the Agreement such Confidential Information as you shall consider appropriate if the person to whom the Confidential Information is to be given pursuant to this sub paragraph ‎(A) of paragraph ‎2.2 has delivered a letter to you in equivalent form to this letter; (B) with (or through) whom you enter into (or may potentially enter into) any sub participation in relation to, or any other transaction under which payments are to be made or may be made by reference to the Agreement or the Borrower such Confidential Information as you shall consider appropriate if the person to whom the Confidential Information is to be given pursuant to this sub paragraph ‎(B) of paragraph ‎2.2 has delivered a letter to you in equivalent form to this letter; (C) to whom information is required or requested to be disclosed by any governmental, banking, taxation or other regulatory authority or similar body, the rules of any relevant stock exchange or pursuant to any applicable law or regulation such Confidential Information as you shall consider appropriate; and 2.3 notwithstanding paragraphs [***] and [***] above, Confidential Information to such persons to whom, and on the same terms as, a Finance Party may also provide disclosure in order is permitted to comply with applicable Lawsdisclose Confidential Information under the Agreement, as if such permissions were set forth out in Section 9.9(c) belowfull in this letter and as if references in those permissions to Finance Party were references to you.

Permitted Disclosure. Notwithstanding the foregoing, We agree that you may disclose: (ia) the Company may disclose the existence or content of to any of the Confidential Information to its current or bona fide prospective investors, directors, officers, employees, shareholders, investment bankers, lenders, hedge counterparties, agents, trustees, arrangers, accountants, auditors, insurers, business or financial advisors, your Affiliates and attorneys, in each case only where such Persons are under appropriate nondisclosure obligations imposed by professional ethics, law or otherwise; (ii) VKC (and its fund manager) may, without disclosing the identities of the other shareholders or the financing terms of their respective investments in the Company without such other shareholder’s or the Company’s consent, disclose VKC’s investment in the Company to other Persons or to the public at its sole discretion and in relation thereto may use the Company’s logo and trademark (without requiring the Company’s further consent), and if it does so, the other Parties shall have the right to disclose to other Persons any such information disclosed in a press release or other public announcement by VKC; (iii) VKC may disclose the existence or content of any of the Confidential Information to its current your or bona fide prospective partners, co-investors and financing sources or transferees, Affiliates and its and their respective employees, officers, directors, bankersemployees, lendersprofessional advisers and auditors such Confidential Information as you shall consider appropriate if any person to whom the Confidential Information is to be given pursuant to this sub-paragraph (a) is informed in writing of its confidential nature and that some or all of such Confidential Information may be price-sensitive information, accountantsexcept that there shall be no 10328650694-v9 - 139 - 70-41102614 such requirement to so inform if the recipient is subject to professional obligations to maintain the confidentiality of the information or is otherwise bound by requirements of confidentiality in relation to the Confidential Information; (b) subject to the requirements of the Agreement, legal counselsto any person: (i) to (or through) whom you assign or transfer (or may potentially assign or transfer) all or any of your rights and/or obligations which you may acquire under the Agreement such Confidential Information as you shall consider appropriate if the person to whom the Confidential Information is to be given pursuant to this sub-paragraph (i) has delivered a letter to you in equivalent form to this letter; (ii) with (or through) whom you enter into (or may potentially enter into) any sub-participation in relation to, business partners or representatives any other transaction under which payments are to be made or advisors who need may be made by reference to know the Agreement or any Obligor such Confidential Information as you shall consider appropriate if the person to whom the Confidential Information is to be given pursuant to this sub-paragraph (ii) has delivered a letter to you in equivalent form to this letter; (iii) to whom information as VKC deems appropriate and in each case only where such Persons are under appropriate nondisclosure obligations imposed is required or requested to be disclosed by professional ethicsany governmental, banking, taxation or other regulatory authority or similar body, the rules of any relevant stock exchange or pursuant to any applicable law or otherwiseregulation such Confidential Information as you shall consider appropriate; and (iv) VKC may disclose the existence or content of any of the financing terms for fund and internotwithstanding sub-fund reporting purposes and any information contained in press releases or public announcements of the Company pursuant to Section 9.9(b); paragraphs (a) and (vb) any Party may disclose the above, Confidential Information to any Person such persons to which disclosure whom, and on the same terms as, a Finance Party is approved in writing by permitted to disclose Confidential Information under the Party providing the Confidential Information. Any Party may also provide disclosure in order to comply with applicable LawsAgreement, as if such permissions were set forth out in Section 9.9(c) belowfull in this letter and as if references in those permissions to Finance Party were references to you.

Permitted Disclosure. Notwithstanding Each Amberjack Designee is permitted to disclose to the foregoingStockholders information that he or she receives as a result of being a Director. Each of the Stockholders severally agrees that it will, (i) and will cause its respective Affiliates to, keep confidential and not disclose, divulge or use for any purpose, other than to monitor and make voting and investment decisions with respect to its investment in the Company may disclose and its Subsidiaries and to the existence or content extent necessary for the enforcement of any of its rights under this Agreement, any confidential information of the Confidential Information Company (including, for the avoidance of doubt, confidential information obtained pursuant to this Section 2.2 and Section 2.3), unless such confidential information is known or becomes known to the public in general (other than as a result of a breach of this Section 2.2 by the Stockholders or their respective Affiliates), is or has been independently developed or conceived by the Stockholders without use of, reliance on or reference to the Company’s confidential information or is or has been made known or disclosed to the Stockholders by a third party (other than an Amberjack Designee or an Affiliate of a Stockholder) without a breach of any obligation of confidentiality such third party may have to the Company that is known to the Stockholders; provided, however, that the Stockholders may disclose confidential information (x) to its current or bona fide prospective investorsAffiliates, directors, officers, employees, shareholders, investment bankers, lenders, hedge counterparties, agents, trustees, arrangersand its and their respective attorneys, accountants, auditors, insurers, business or financial advisorsconsultants, and attorneys, other professionals to the extent necessary to obtain their services in each case only where such Persons are under appropriate nondisclosure obligations imposed by professional ethics, law connection with monitoring and making voting and investment decisions with respect to its or otherwise; (ii) VKC (and its fund manager) may, without disclosing the identities of the other shareholders or the financing terms of their respective investments in the Company without such other shareholder’s or the Company’s consent, disclose VKCAffiliate’s investment in the Company to other Persons or to the public at its sole discretion and in relation thereto may use the Company’s logo and trademark any potential transferees of Equity Securities (without requiring the Company’s further consent)directly or indirectly, and if it does so, the other Parties shall have the right to disclose to other Persons any such information disclosed in including a press release merger or other public announcement business combination) held by VKC; the Stockholders (iiiprovided such potential transferee has executed a confidentiality agreement with terms substantially similar to this Section 2.2) VKC or (y) as may disclose otherwise be required by Applicable Law or legal, judicial or regulatory process, provided that the existence or content Stockholders shall take reasonable steps to minimize the extent of any of the Confidential Information to its current or bona fide prospective partners, co-investors and financing sources or transferees, Affiliates and its and their respective employees, officers, directors, bankers, lenders, accountants, legal counsels, business partners or representatives or advisors who need to know such information as VKC deems appropriate and required disclosure described in each case only where such Persons are under appropriate nondisclosure obligations imposed by professional ethics, law or otherwise; this clause (iv) VKC may disclose the existence or content of any of the financing terms for fund and inter-fund reporting purposes and any information contained in press releases or public announcements of the Company pursuant to Section 9.9(by); and (v) any Party may disclose provided, further, that the Confidential Information to acts and omissions of any Person to which disclosure is approved in writing by whom the Party providing Stockholders may disclose confidential information pursuant to clause (x) of the Confidential Information. Any Party may also provide disclosure in order preceding proviso will be attributable to comply the Stockholders for purposes of determining such Stockholder’s compliance with applicable Laws, as set forth in this Section 9.9(c) below2.2.

Permitted Disclosure. Notwithstanding the foregoing, (i) the Company You may disclose the existence or content of Confidential Information: (a) to any member of the Confidential Information to Purchaser Group, its current or bona fide prospective investors, directors, officers, employees, shareholders, investment bankers, lenders, hedge counterparties, agents, trustees, arrangers, accountants, auditors, insurers, business or financial advisors, and attorneys, in each case only where such Persons are under appropriate nondisclosure obligations imposed by professional ethics, law or otherwise; (ii) VKC (and its fund manager) may, without disclosing the identities of the other shareholders or the financing terms of their respective investments in the Company without such other shareholder’s or the Company’s consent, disclose VKC’s investment in the Company to other Persons or to the public at its sole discretion and in relation thereto may use the Company’s logo and trademark (without requiring the Company’s further consent), and if it does so, the other Parties shall have the right to disclose to other Persons any such information disclosed in a press release or other public announcement by VKC; (iii) VKC may disclose the existence or content of any of the Confidential Information to its current or bona fide prospective partners, co-investors and financing sources or transferees, Affiliates and its and their respective employeesadvisers, officers, directors, bankersemployees, lendersauditors and other persons providing services to it (provided that such person is under a duty of confidentiality 119148 in relation to the Confidential Information, accountantsprofessional, legal counsels, business partners or representatives or advisors who need to know such information as VKC deems appropriate and in each case only where such Persons are under appropriate nondisclosure obligations imposed by professional ethics, law contractual or otherwise; , to you) to the extent necessary for the Permitted Purpose, if such person to whom the Confidential Information is to be given pursuant to this paragraph is informed in writing of its confidential nature and that some or all of such Confidential Information may be price-sensitive information, except that there shall be no such requirement to so inform if the recipient is subject to professional obligations to maintain the confidentiality of the information or is otherwise bound by requirements of confidentiality in relation to the Confidential Information; (ivi) VKC where requested or required by any court of competent jurisdiction or any competent banking, taxation, judicial, governmental, supervisory, regulatory or equivalent body, (ii) where required by the rules of any stock exchange on which the shares or other securities of any member of the Purchaser Group are listed or (iii) where required by the laws or regulations of any country with jurisdiction over the affairs of any member of the Purchaser Group; (c) to any person: (i) to (or through) whom you transfer (or may disclose the existence potentially transfer) all or content of any of the financing terms for fund rights, benefits and interobligations which you may acquire under the Facility Agreement; or (ii) with (or through) whom you enter into (or may potentially enter into) any sub-fund reporting purposes and participation in relation to, or any information contained in press releases other transaction under which payments are to be made by reference to, the Facility, the Facility Agreement and/or one or public announcements more of the Company pursuant other Finance Documents or the Borrower, provided that such person has delivered to Section 9.9(b)you (with a copy to the Company) a letter in equivalent form to this letter; and (d) notwithstanding paragraphs (a) to (c) above, to such persons to whom, and (v) any on the same terms as, a Finance Party may is permitted to disclose the Confidential Information to any Person to which disclosure is approved in writing by under the Party providing the Confidential Information. Any Party may also provide disclosure in order to comply with applicable LawsFacility Agreement, as if such permissions were set forth out in Section 9.9(c) belowfull in this letter and as if references in those permissions to a Finance Party were references to you.

Permitted Disclosure. Notwithstanding the foregoing, (ia) the Company may disclose the existence or content of any of the Confidential Information to its Affiliates, and their respective current or bona fide prospective investors, directors, officers, employees, shareholders, partners, investment bankers, lenders, hedge counterparties, agents, trustees, arrangers, accountants, auditors, insurers, business or financial advisors, and attorneys, in each case only where such Persons are under appropriate nondisclosure obligations imposed by professional ethics, law or otherwise; (iib) VKC each Investor (and its fund manager) may, without disclosing the identities of the other shareholders or the financing terms of their respective investments in the Company without such other shareholderShareholder’s or the Company’s consent, disclose VKCsuch Investor’s investment in the Company to other Persons or to the public at its sole discretion and in relation thereto may use the Company’s logo and trademark (without requiring the Company’s further consent), and if it does so, the other Parties shall have the right to disclose to other Persons any such information disclosed in a press release or other public announcement by VKCsuch Investor; (iiic) VKC each Investor may disclose the existence or content of any of the Confidential Information to its current or bona fide prospective partners, co-investors and financing sources or transferees, Affiliates and its and their respective employees, officers, directors, bankers, lenders, accountants, legal counsels, business partners or representatives or advisors who need to know such information as VKC such Investor deems appropriate and in each case only where such Persons are under appropriate nondisclosure obligations imposed by professional ethics, law or otherwise; and (ivd) VKC each Investor may disclose the existence or content of any of the financing terms for fund and inter-fund reporting purposes and any information contained in press releases or public announcements of the Company pursuant to Section 9.9(b16.5(ii); , and (ve) any Party may disclose the Confidential Information to any Person to which disclosure is approved in writing by the Party providing the Confidential Information. Any Party may also provide disclosure in order to comply with applicable Laws, as set forth in Section 9.9(c16.5(iii) below.;

Permitted Disclosure. Notwithstanding the foregoing, (i) the Company The Purchaser may disclose the existence in relation to each Acquisition made or content of which may be made by it: 2.1 to any of the Confidential Information to its current or bona fide prospective investors, directors, officers, employees, shareholders, investment bankers, lenders, hedge counterparties, agents, trustees, arrangers, accountants, auditors, insurers, business or financial advisors, Affiliates and attorneys, in each case only where such Persons are under appropriate nondisclosure obligations imposed by professional ethics, law or otherwise; (ii) VKC (and its fund manager) may, without disclosing the identities of the other shareholders or the financing terms of their respective investments in the Company without such other shareholder’s or the Company’s consent, disclose VKC’s investment in the Company to other Persons or to the public at its sole discretion and in relation thereto may use the Company’s logo and trademark (without requiring the Company’s further consent), and if it does so, the other Parties shall have the right to disclose to other Persons any such information disclosed in a press release or other public announcement by VKC; (iii) VKC may disclose the existence or content of any of the Confidential Information to its current or bona fide prospective partners, co-investors and financing sources or transferees, Affiliates and its and their respective employees, officers, directors, bankersemployees, lendersprofessional advisers and auditors such Confidential Information as the Purchaser shall consider appropriate if any person to whom such Confidential Information is to be given pursuant to this paragraph [***] is informed in writing of its confidential nature and that some or all of such Confidential Information may be price sensitive information except that there shall be no such requirement to so inform if the recipient is subject to professional obligations to maintain the confidentiality of the information or is otherwise bound by requirements of confidentiality in relation to such Confidential Information; 2.2 subject to the requirements of the relevant Agreement, accountantsto any person: (A) to (or through) whom the Purchaser assigns or transfers (or may potentially assign or transfer) all or any of its rights and/or obligations which it may acquire under that Agreement such Confidential Information which the Seller supplies to the Purchaser in relation to that Acquisition as the Purchaser shall consider appropriate if the person to whom such Confidential Information is to be given pursuant to this sub paragraph (a) of paragraph [***] has delivered a letter to the Purchaser in equivalent form to this undertaking; (B) with (or through) whom the Purchaser enters into (or may potentially enter into) any sub participation in relation to, legal counselsor any other transaction under which payments are to be made or may be made by reference to that Agreement or the Borrower such Confidential Information which the Seller supplies to the Purchaser in relation to that Acquisition as the Purchaser shall consider appropriate if the person to whom such Confidential Information is to be given pursuant to this sub paragraph (b) of paragraph [***] has delivered a letter to the Purchaser in equivalent form to this undertaking; (C) to whom information is required or requested to be disclosed by any governmental, business partners banking, taxation or representatives other regulatory authority or advisors who need similar body, the rules of any relevant stock exchange or pursuant to know such information as VKC deems appropriate and in each case only where such Persons are under appropriate nondisclosure obligations imposed by professional ethics, any applicable law or otherwiseregulation such Confidential Information which the Seller supplies to the Purchaser in relation to that Acquisition as the Purchaser shall consider appropriate; (iv) VKC may disclose the existence or content of any of the financing terms for fund and 2.3 notwithstanding paragraphs [***] and inter-fund reporting purposes and any information contained in press releases or public announcements of the Company pursuant to Section 9.9(b); and (v) any Party may disclose the [***] above, Confidential Information to any Person such persons to whom, and on the same terms as, a Finance Party is permitted to disclose such Confidential Information under the Agreement to which disclosure is approved in writing by the Party providing the Confidential Information. Any Party may also provide disclosure in order to comply with applicable Lawsthat Acquisition relates, as if such permissions were set forth out in Section 9.9(c) belowfull in this undertaking for the purposes of that Acquisition and as if references in those permissions to Finance Party were references to the Purchaser for the purposes of that Acquisition.

Permitted Disclosure. Notwithstanding the foregoing, We agree that you may disclose: (ia) the Company may disclose the existence or content of to any of the Confidential Information to its current or bona fide prospective investors, directors, officers, employees, shareholders, investment bankers, lenders, hedge counterparties, agents, trustees, arrangers, accountants, auditors, insurers, business or financial advisors, your Affiliates and attorneys, in each case only where such Persons are under appropriate nondisclosure obligations imposed by professional ethics, law or otherwise; (ii) VKC (and its fund manager) may, without disclosing the identities of the other shareholders or the financing terms of their respective investments in the Company without such other shareholder’s or the Company’s consent, disclose VKC’s investment in the Company to other Persons or to the public at its sole discretion and in relation thereto may use the Company’s logo and trademark (without requiring the Company’s further consent), and if it does so, the other Parties shall have the right to disclose to other Persons any such information disclosed in a press release or other public announcement by VKC; (iii) VKC may disclose the existence or content of any of the Confidential Information to its current your or bona fide prospective partners, co-investors and financing sources or transferees, Affiliates and its and their respective employees, officers, directors, bankersemployees, lenders, accountants, legal counsels, business partners or representatives or advisors who need professional advisers and auditors such Confidential Information as you shall consider appropriate if any person to know such information as VKC deems appropriate and in each case only where such Persons are under appropriate nondisclosure obligations imposed by professional ethics, law or otherwise; (iv) VKC may disclose the existence or content of any of the financing terms for fund and inter-fund reporting purposes and any information contained in press releases or public announcements of the Company pursuant to Section 9.9(b); and (v) any Party may disclose whom the Confidential Information is to any Person be given pursuant to which disclosure this paragraph 2(a) is approved informed in writing of its confidential nature and that some or all of such Confidential Information may be price-sensitive information, except that there shall be no such requirement to so inform if the recipient is subject to professional obligations to maintain the confidentiality of the information or is otherwise bound by the Party providing requirements of confidentiality in relation to the Confidential Information. Any ; (b) subject to the requirements of the Agreement, to any person: (i) to (or through) whom you assign or transfer (or may potentially assign or transfer) all or any of your rights and/or obligations which you may acquire under the Agreement such Confidential Information as you shall consider appropriate if the person to whom the Confidential Information is to be given pursuant to this sub-paragraph (i) of paragraph 2(b) has delivered a letter to you in equivalent form to this letter; (ii) with (or through) whom you enter into (or may potentially enter into) any sub- participation in relation to, or any other transaction under which payments are to be made or may be made by reference to the Agreement or any Obligor, such Confidential Information as you shall consider appropriate if the person to whom the Confidential Information is to be given pursuant to this sub paragraph (ii) of paragraph 2(b) has delivered a letter to you in equivalent form to this letter; (iii) to whom information is required or requested to be disclosed by any governmental, banking, taxation or other regulatory authority or similar body, the rules of any relevant stock exchange or pursuant to any applicable law or regulation such Confidential Information as you shall consider appropriate, provided that prior to disclosing such Confidential Information; and (c) notwithstanding paragraphs 2(a) and 2(b) above, Confidential Information to such persons to whom, and on the same terms as, a Finance Party may also provide disclosure in order is permitted to comply with applicable Lawsdisclose Confidential Information under the Agreement, as if such permissions were set forth out in Section 9.9(c) belowfull in this letter and as if references in those permissions to Finance Party were references to you.

Permitted Disclosure. Notwithstanding the foregoing, (i) the Company The Parties agree that Owner may disclose Contractor Confidential Information without the existence or content consent of Contractor to the following Persons that are not Competitors: (a) any member of the Confidential Information to its current or bona fide prospective investors, directors, officers, employees, shareholders, investment bankers, lenders, hedge counterparties, agents, trustees, arrangers, Owner Group and their respective accountants, auditors, insurers, business or financial advisorsinsurance brokers and underwriters, and attorneys, in each case only where such Persons are under appropriate nondisclosure obligations imposed by professional ethics, law or otherwise; (ii) VKC (and its fund manager) may, without disclosing the identities of the other shareholders or the financing terms of their respective investments in the Company without such other shareholder’s or the Company’s consent, disclose VKC’s investment in the Company to other Persons or to the public at its sole discretion and in relation thereto may use the Company’s logo and trademark (without requiring the Company’s further consent), and if it does so, the other Parties shall have the right to disclose to other Persons any such information disclosed in a press release or other public announcement by VKC; (iii) VKC may disclose the existence or content of any of the Confidential Information to its current or bona fide prospective partners, co-investors and financing sources or transferees, Affiliates and its and their respective employees, officers, directors, bankers, lenders, accountants, legal counsels, business partners or representatives or advisors counsel who need to know such information Confidential Information in connection with the Liquefaction Project, or to its Affiliates in connection with any other project in accordance with Section 12.2.2(c), and who have been informed of the confidential nature of the Confidential Information and, with respect to any such Persons that are not Affiliates of Owner or directors, officers or employees of Owner or its Affiliates, who have agreed to be bound in writing to confidentiality obligations substantially similar to those stated in this Section 14.2 or are otherwise subject to confidentiality obligations as VKC deems a matter of law or professional practice; (b) any Person when required by any Applicable Laws binding on Owner or a member of the Owner Group; provided, that: (i) the Person who is subject to such disclosure requirement shall provide advance notice of such disclosure requirement to Contractor; and (ii) such disclosure shall be subject where applicable to Section 14.5; (c) any Person pursuant to the rules of any stock exchange on which the equity interests of Owner or any of its Affiliates are listed or are in the process of being listed, which rules require the disclosure be made; provided, that Owner shall provide advance notice of such disclosure requirement to Contractor and shall cooperate with Contractor so that Contractor may seek a protective order or other appropriate remedy; (d) any Person: (i) that is an actual or prospective Lender and their respective agents, consultants and advisors; (ii) in connection with an offering memorandum, prospectus or similar sales document for a capital markets offering; and (c) that is any rating agency, in each case only where for purposes of acquiring financing or other borrowed funds, subject in each case to the extent reasonably practicable (and reflecting standard policy and customary market practice of rating agencies and Lenders to execution of confidentiality agreements) to such Persons first agreeing in writing to hold such information or documents confidential under terms substantially similar to those stated in this Section 14.2 and Section 14.6, or are under appropriate nondisclosure otherwise subject to confidentiality obligations imposed by professional ethics, as a matter of law or otherwiseprofessional practice; (e) bona fide transferees or prospective transferees of all or a portion of Owner’s, Parent’s or any member of Parent’s direct or indirect interests in the LNG Facility or this Agreement, or of a direct or indirect interest in Owner; provided, that such Persons first agree in writing to hold such information or documents confidential under terms substantially similar to those stated in this Section 14.2 and Section 14.6, and where applicable, comply with the requirements of Section 14.2.3; (ivf) VKC may disclose customers or potential customers of Owner; provided, that Owner first binds such Persons in writing to confidentiality obligations with substantially similar protections to those contained in this Article 14; (g) potential equity investors in any future expansion of the existence Liquefaction Project, subject to such Persons first agreeing in writing to hold such information or content documents confidential under terms substantially similar to those stated in this Section 14.2 and Section 14.6, and subject to Section 14.2.3; (h) Other Contractors and other actual or prospective contractors and subcontractors engaged or proposed to be engaged by Owner or its Affiliates or any other member of the Owner Group, or by any Other Contractors, contractors or subcontractors in connection with the construction, operation, maintenance, repair or decommissioning of the LNG Facility, the Liquefaction Project, the Equipment or other operations at the LNG Facility, to the extent such disclosure is reasonably necessary to secure contracts with such Persons or for such Persons to fulfill their duties; provided, that Owner first binds such Persons in writing to confidentiality obligations with substantially similar protections to those contained in this Article 14 and in the case of Other Contractors or prospective contractors and subcontractors, Contractor’s pricing and financial information shall not be disclosed; and (i) any mediation or arbitration tribunal or court in any proceeding involving Contractor or any Supplier, including any proceeding with respect to a Dispute pursuant to Article 20; provided, that Owner shall be liable to Contractor for any Claims and expenses (including court costs, attorneys’ fees and disbursements, and other litigation costs) suffered or incurred by Contractor arising out of any breach of the provisions of this Section 14.2 by any Person (other than Contractor, other Contractor Group members or Persons to whom Contractor or Contractor Group members have disclosed such information) to whom Contractor Confidential Information has been directly or indirectly disclosed by Owner, pursuant to this Section 14.2, excluding any such disclosure by any Person to whom Contractor Confidential Information has been disclosed in accordance with Section 14.2.1(b). If any of the financing terms for fund and inter-fund reporting purposes and any information contained Persons described above in press releases or public announcements of the Company pursuant to this Section 9.9(b); and (v) any Party may 14.2.1 is a Competitor, Owner shall not disclose the Contractor Confidential Information to any Person to which disclosure is approved in writing by the Party providing the Confidential Information. Any Party may also provide disclosure in order to comply with applicable Laws, as set forth in Section 9.9(c) belowsuch Competitor without Contractor’s prior written consent.

Permitted Disclosure. Notwithstanding the foregoing, (i) the Company The Recipient may disclose the existence or content of such Confidential Information as it shall consider appropriate: 2.1 to any of the Confidential Information to its current Affiliates and any of its or bona fide prospective investorstheir partners, officers, directors, officers, employees, shareholdersprofessional advisers, investment bankersinsurance providers and auditors (together with the Recipient, lenders, hedge counterparties, agents, trustees, arrangers, accountants, auditors, insurers, business or financial advisors, and attorneysthe "Authorised Recipients"), in each case only where to the extent necessary for the Permitted Purpose, provided that any person to whom such Persons are under appropriate nondisclosure obligations imposed by professional ethicsConfidential Information is to be disclosed pursuant to this paragraph 2.1 is informed of its confidential nature, law or otherwise; (ii) VKC (and its fund manager) may, without disclosing the identities of the other shareholders or the financing terms of their respective investments undertakings set out in the Company without such other shareholder’s or the Company’s consent, disclose VKC’s investment in the Company to other Persons or to the public at its sole discretion and in relation thereto may use the Company’s logo and trademark (without requiring the Company’s further consent)this undertaking, and if it does sothat some or all of such Confidential Information may be Restricted Information, and on the other Parties shall have the right to disclose to other Persons basis that any such information disclosed in a press release person themselves will not disclose or other public announcement by VKC; (iii) VKC may disclose the existence or content of any of the Confidential Information to its current or bona fide prospective partners, co-investors and financing sources or transferees, Affiliates and its and their respective employees, officers, directors, bankers, lenders, accountants, legal counsels, business partners or representatives or advisors who need to know copy such information as VKC deems appropriate and in each case only where such Persons are under appropriate nondisclosure obligations imposed by professional ethics, law or otherwise; (iv) VKC may disclose the existence or content of any of the financing terms for fund and inter-fund reporting purposes and any information contained in press releases or public announcements of the Company pursuant to Section 9.9(b); and (v) any Party may disclose the Confidential Information to any Person person who is not authorised to which disclosure receive Confidential Information pursuant to the terms of this undertaking. The Recipient will procure, so far as practicable, that each of its Authorised Recipients who receives any Confidential Information complies with the terms of this undertaking as if it had itself signed this undertaking and agreed to its terms (except if the Authorised Recipient has already entered into a direct confidentiality undertaking with the Company in relation to the Potential Sale on similar terms to this undertaking). The Recipient will be responsible for any breach of the terms of this undertaking by any of its Authorised Recipients as if they were each a party to this undertaking (except if the Authorised Recipient is approved subject to professional obligations to maintain the confidentiality of the information); 2.2 to the Company and its Connected Persons' legal and financial advisers; 2.3 to any person to whom information is required or requested to be disclosed by any governmental, banking, taxation or other regulatory authority, including the SRA or similar body, the rules of any relevant stock exchange or pursuant to any applicable law or regulation; 2.4 to any person who enters into a direct confidentiality undertaking with the Company in writing by relation to the Party providing Potential Sale on terms acceptable to the Confidential Information. Any Party may also provide disclosure in order Company; and 2.5 to comply any other person with applicable Laws, as set forth in Section 9.9(c) belowthe prior written consent of the Company.

Permitted Disclosure. Notwithstanding the foregoing, (i) the Company We agree that you may disclose the existence or content of disclose: 2.1. to any of the Confidential Information to its current or bona fide prospective investors, directors, officers, employees, shareholders, investment bankers, lenders, hedge counterparties, agents, trustees, arrangers, accountants, auditors, insurers, business or financial advisors, your Affiliates and attorneys, in each case only where such Persons are under appropriate nondisclosure obligations imposed by professional ethics, law or otherwise; (ii) VKC (and its fund manager) may, without disclosing the identities of the other shareholders or the financing terms of their respective investments in the Company without such other shareholder’s or the Company’s consent, disclose VKC’s investment in the Company to other Persons or to the public at its sole discretion and in relation thereto may use the Company’s logo and trademark (without requiring the Company’s further consent), and if it does so, the other Parties shall have the right to disclose to other Persons any such information disclosed in a press release or other public announcement by VKC; (iii) VKC may disclose the existence or content of any of the Confidential Information to its current your or bona fide prospective partners, co-investors and financing sources or transferees, Affiliates and its and their respective employees, officers, directors, bankersemployees, lenders, accountants, legal counsels, business partners or representatives or advisors who need professional advisers and auditors such Confidential Information as you shall consider appropriate if any person to know such information as VKC deems appropriate and in each case only where such Persons are under appropriate nondisclosure obligations imposed by professional ethics, law or otherwise; (iv) VKC may disclose the existence or content of any of the financing terms for fund and inter-fund reporting purposes and any information contained in press releases or public announcements of the Company pursuant to Section 9.9(b); and (v) any Party may disclose whom the Confidential Information is to any Person be given pursuant to which disclosure this clause 2.1 is approved informed in writing of its confidential nature and that some or all of such Confidential Information 140 may be price-sensitive information, except that there shall be no such requirement to so inform if the recipient is subject to professional obligations to maintain the confidentiality of the information or is otherwise bound by the Party providing requirements of confidentiality in relation to the Confidential Information; 2.2. Any subject to the requirements of the Agreement, to any person: 2.2.1. to (or through) whom you assign or transfer (or may potentially assign or transfer) all or any of your rights and/or obligations which you may acquire under the Agreement such Confidential Information as you shall consider appropriate if the person to whom the Confidential Information is to be given pursuant to this clause 2.2.1 has delivered a letter to you in equivalent form to this letter; 2.2.2. with (or through) whom you enter into (or may potentially enter into) any sub-participation in relation to, or any other transaction under which payments are to be made or may be made by reference to the Agreement or any Obligor such Confidential Information as you shall consider appropriate if the person to whom the Confidential Information is to be given pursuant to this clause 2.2.2 has delivered a letter to you in equivalent form to this letter; 2.2.3. to whom information is required or requested to be disclosed by any governmental, banking, taxation or other regulatory authority or similar body, the rules of any relevant stock exchange or pursuant to any applicable law or regulation such Confidential Information as you shall consider appropriate; and 2.3. notwithstanding clauses 2.1 and 2.2, Confidential Information to such persons to whom, and on the same terms as, a Finance Party may also provide disclosure in order is permitted to comply with applicable Lawsdisclose Confidential Information under the Agreement, as if such permissions were set forth out in Section 9.9(c) belowfull in this letter and as if references in those permissions to Finance Party were references to you.