Regulation FD. The Lender understands that the fact that the Borrower is undertaking this offering, as well as certain information contained in this Agreement, may be considered to be material, non-public information under Regulation FD (Fair Disclosure) promulgated under the 1934 Act. Each recipient expressly agrees to maintain such information in confidence until such time as public disclosure of same is made.
Appears in 2 contracts
Sources: Note Purchase Agreement (Blue Earth, Inc.), Note and Warrant Purchase Agreement (Blue Earth, Inc.)