Common use of Required or Permitted Disclosure Clause in Contracts

Required or Permitted Disclosure. In the event that any requests or demands are made for the disclosure of Confidential Information, other than requests to Agent for Shareholder records pursuant to standard subpoenas from state or federal government authorities (e.g., divorce and criminal actions), the party receiving such request will promptly notify the other party to secure instructions from an authorized officer of such party as to such request and to enable the other party the opportunity to obtain a protective order or other confidential treatment, unless such notification is otherwise prohibited by law or court order. Each party expressly reserves the right, however, to disclose Confidential Information to any person whenever it is advised by counsel that it may be held liable for the failure to disclose such Confidential Information or if required by law or court order.

Appears in 59 contracts

Samples: Subscription Agent Agreement (Gabelli Equity Trust Inc), Depositary Agreement (Firsthand Technology Value Fund, Inc.), Agent Agreement (Rivernorth Opportunities Fund, Inc.)

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Required or Permitted Disclosure. In the event that any requests or demands are made for the disclosure of Confidential Information, other than requests to Transfer Agent for Shareholder records pursuant to standard subpoenas from state or federal government authorities (e.g., probate, divorce and criminal actions), the party receiving such request will promptly notify the other party to secure instructions from an authorized officer of such party as to such request and to enable the other party the opportunity to obtain a protective order or other confidential treatment, unless such notification is otherwise prohibited by law or court order. Each party expressly reserves the right, however, to disclose Confidential Information to any person whenever it is advised by counsel that it may be held liable for the failure to disclose such Confidential Information or if required by law or court order.

Appears in 26 contracts

Samples: Agency and Service Agreement (Nuveen All Cap Energy MLP Opportunities Fund), Agency and Service Agreement (Nuveen California Select Tax Free Income Portfolio), Agency and Service Agreement (Nuveen Municipal Income Fund Inc)

Required or Permitted Disclosure. In the event that any requests or demands are made for the disclosure of Confidential Information, other than requests to Transfer Agent for Shareholder records pursuant to standard subpoenas from state or federal government authorities (e.g., divorce and criminal actions), the party receiving such request will promptly notify the other party to secure instructions from an authorized officer of such party as to such request and to enable the other party the opportunity to obtain a protective order or other confidential treatment, unless such notification is otherwise prohibited by law or court order. Each party expressly reserves the right, however, to disclose Confidential Information to any person whenever it is advised by counsel that it may be held liable for the failure to disclose such Confidential Information or if required by law or court order.

Appears in 23 contracts

Samples: Agency and Service Agreement (Aberdeen Australia Equity Fund Inc), Agency and Service Agreement (Goldman Sachs BDC, Inc.), Transfer Agency and Service Agreement (Royce Global Value Trust, Inc.)

Required or Permitted Disclosure. In the event that any requests or demands are made for the disclosure of Confidential Information, other than requests to Agent for Shareholder records pursuant to standard subpoenas from state or federal government authorities (e.g., probate, divorce and criminal actions), the party receiving such request will promptly notify the other party to secure instructions from an authorized officer of such party as to such request and to enable the other party the opportunity to obtain a protective order or other confidential treatment, unless such notification is otherwise prohibited by law or court order. Each party expressly reserves the right, however, to disclose Confidential Information to any person whenever it is advised by counsel that it may be held liable for the failure to disclose such Confidential Information or if required by law or court order.

Appears in 20 contracts

Samples: Transfer Agency and Service Agreement (Fundrise Growth Tech Fund, LLC), Transfer Agency and Service Agreement (Pf Royalty I LLC), Transfer Agency and Service Agreement (Advent Claymore Convertible Securities & Income Fund)

Required or Permitted Disclosure. In the event that any requests or demands are made for the disclosure of Confidential Information, other than requests to Agent or Xxxxxxxxx, as applicable, for Shareholder shareholder records pursuant to standard subpoenas from state or federal government authorities (e.g., divorce and criminal actions), the party receiving such request will promptly notify the other party to secure instructions from an authorized officer of such party as to such request and to enable the other party the opportunity to obtain a protective order or other confidential treatment, unless such notification is otherwise prohibited by law or court order. Each party expressly reserves the right, however, to disclose Confidential Information to any person whenever it is advised by counsel that it may be held liable for the failure to disclose such Confidential Information or if required by law or court order.

Appears in 15 contracts

Samples: Depositary and Information Agent Agreement (Nuveen Taxable Municipal Income Fund), Depositary and Information Agent Agreement (Nuveen Mortgage Opportunity Term Fund), Depositary and Information Agent Agreement (Tortoise Energy Independence Fund, Inc.)

Required or Permitted Disclosure. In the event that any requests or demands are made for the disclosure of Confidential Information, other than requests to Agent for Shareholder records of Shareholders pursuant to standard subpoenas from state or federal government authorities (e.g., in divorce and criminal actions), the party receiving such request will promptly notify the other party to secure instructions from an authorized officer of such party as to such request and to enable the other party the opportunity to obtain a protective order or other confidential treatment, unless such notification is otherwise prohibited by law or court order. Each party expressly reserves the right, however, to disclose the Confidential Information to any person whenever it is advised by counsel that it may be held liable for the failure to disclose such Confidential Information or if required by law or court order.

Appears in 12 contracts

Samples: Subscription Agent Agreement (Gabelli Healthcare & WellnessRx Trust), Subscription Agent Agreement (Simon Worldwide Inc), Subscription Agent Agreement (SWK Holdings Corp)

Required or Permitted Disclosure. In the event that any requests or demands are made for the disclosure of Confidential Information, other than requests to Rights Agent for Shareholder stockholder records pursuant to standard subpoenas from state or federal government authorities (e.g., divorce and criminal actions), the party receiving such request will promptly notify the other party to secure instructions from an authorized officer of such party as to such request and to enable the other party the opportunity to obtain a protective order or other confidential treatment, unless such notification is otherwise prohibited by law or court order. Each party expressly reserves the right, however, to disclose Confidential Information to any person whenever it is advised by counsel that it may be held liable for the failure to disclose such Confidential Information or if required by law or court order.

Appears in 6 contracts

Samples: Agreement and Plan of Merger (Innovus Pharmaceuticals, Inc.), Contingent Value Rights Agreement (Rxi Pharmaceuticals Corp), Contingent Value Rights Agreement (Aytu Bioscience, Inc)

Required or Permitted Disclosure. In the event that any requests or demands are made for the disclosure of Confidential Information, other than requests to the Transfer Agent for Shareholder records of Shareholders pursuant to standard subpoenas from state or federal government authorities (e.g., in divorce and criminal actions), the party receiving such request will promptly notify the other party to secure instructions from an authorized officer of such party as to such request and to enable the other party the opportunity to obtain a protective order or other confidential treatment, unless such notification is otherwise prohibited by law or court order. Each party expressly reserves the right, however, to disclose Confidential Information to any person whenever it is advised by counsel that it may is reasonably likely to be held liable for the failure to disclose such Confidential Information or if required by law or court order.

Appears in 5 contracts

Samples: Agreement (Zweig Fund Inc /Md/), Agency and Service Agreement (Virtus Global Multi-Sector Income Fund), Agreement (Duff & Phelps Select Energy MLP Fund Inc.)

Required or Permitted Disclosure. In the event that any requests or demands are made for the disclosure of Confidential Information, other than requests to Agent or Gxxxxxxxx, as applicable, for Shareholder shareholder records pursuant to standard subpoenas from state or federal government authorities (e.g., divorce and criminal actions), the party receiving such request will promptly notify the other party to secure instructions from an authorized officer of such party as to such request and to enable the other party the opportunity to obtain a protective order or other confidential treatment, unless such notification is otherwise prohibited by law or court order. Each party expressly reserves the right, however, to disclose Confidential Information to any person whenever it is advised by counsel that it may be held liable for the failure to disclose such Confidential Information or if required by law or court order.

Appears in 4 contracts

Samples: Depositary and Information Agent Agreement (Tortoise Pipeline & Energy Fund, Inc.), Depositary and Information Agent Agreement (Tortoise Energy Infrastructure Corp), Depositary and Information Agent Agreement (Tortoise Midstream Energy Fund, Inc.)

Required or Permitted Disclosure. In the event that any requests or demands are made for the disclosure of Confidential Information, other than requests to Transfer Agent for Shareholder records pursuant to standard subpoenas from state or federal government authorities (e.g., divorce and criminal actions), the party receiving such request will promptly notify the other party to secure instructions from an authorized officer of such party as to such request and to enable the other party xxxxx the opportunity to obtain a protective order or other confidential treatment, unless such notification is otherwise prohibited by law or court order. Each party xxxxx expressly reserves the right, however, to disclose Confidential Information to any person whenever it is advised by counsel that it may be held liable for the failure to disclose such Confidential Information or if required by law or court order.

Appears in 3 contracts

Samples: Agreement (Invesco Quality Municipal Income Trust), Agreement (Invesco Value Municipal Income Trust), Agreement (Invesco Municipal Income Opportunities Trust)

Required or Permitted Disclosure. In the event that any requests or demands are made for the disclosure of Confidential Information, other than requests to Agent for Shareholder stockholder records pursuant to standard subpoenas from state or federal government authorities (e.g., divorce and criminal actions), the party receiving such request will promptly notify the other party to secure instructions from an authorized officer of such party as to such request and to enable the other party the opportunity to obtain a protective order or other confidential treatment, unless such notification is otherwise prohibited by law or court order. Each party expressly reserves the right, however, to disclose Confidential Information to any person whenever it is advised by counsel that it may be held liable for the failure to disclose such Confidential Information or if required by law or court order.

Appears in 3 contracts

Samples: Agent Agreement (Blackrock Corporate High Yield Fund, Inc.), Subscription Agent Agreement (Distribution Solutions Group, Inc.), Escrow Agreement (Blackhawk Network Holdings, Inc)

Required or Permitted Disclosure. In the event that any requests or demands are made for the disclosure of Confidential Information, Information other than requests to Agent Securrency for Shareholder records Token holder records, pursuant to standard subpoenas from state or federal government authorities (e.g., divorce probate, divorce, and criminal actions), the party Party receiving such request will promptly notify the other party Party to secure instructions from an authorized officer of such party Party as to such request and to enable the other party Party the opportunity to obtain a protective order or other confidential treatment, unless such notification is otherwise prohibited by law or court order. Each party expressly reserves the right, however, to Party may disclose Confidential Information to any person whenever it is advised by counsel that it the Party may be held liable for the failure to disclose such Confidential Information or if required by law or court order.

Appears in 2 contracts

Samples: Form of Transfer Agency and Services Agreement (WisdomTree Digital Trust), Transfer Agency and Services Agreement (WisdomTree Digital Trust)

Required or Permitted Disclosure. In the event that any requests or demands are made for the disclosure of Confidential Information, other than requests to Agent for Shareholder records pursuant to standard subpoenas from state or federal government authorities (e.g., divorce and criminal actions), the party receiving such request will promptly notify the other party to secure instructions from an authorized officer of such party as to such request and to enable the other party the opportunity to obtain a protective order or other confidential treatment, unless such notification is otherwise prohibited by law or court order. Each party expressly reserves the right, however, to disclose Confidential Information to any person whenever it is advised by counsel in writing that it may be held liable for the failure to disclose such Confidential Information or if required by law or court order.

Appears in 2 contracts

Samples: Agent Agreement (Western Asset High Income Fund Ii Inc.), Subscription Agent Agreement (Western Asset High Income Fund Ii Inc.)

Required or Permitted Disclosure. In the event that any requests or demands are made for the disclosure of Confidential Information, other than requests to Agent DTAC for Shareholder records pursuant to standard subpoenas from state or federal government authorities (e.g., divorce probate, divorce, and criminal actions), the party receiving such request will promptly notify the other party to secure instructions from an authorized officer of such party as to such request and to enable the other party the opportunity to obtain a protective order or other confidential treatment, unless such notification is otherwise prohibited by law or court order. Each party expressly reserves the right, however, to disclose Confidential Information to any person whenever it is advised by counsel that it may be held liable for the failure to disclose such Confidential Information or if required by law or court order.

Appears in 2 contracts

Samples: Transfer Agency and Service Agreement (Arca U.S. Treasury Fund), Form of Transfer Agency and Service Agreement (Arca U.S. Treasury Fund)

Required or Permitted Disclosure. In the event that any requests or demands are made for the disclosure of Confidential Information, other than requests to Paying Agent for Shareholder Holder records pursuant to standard subpoenas from state or federal government authorities (e.g., divorce and criminal actions), the party receiving such request will promptly notify the other party to secure instructions from an authorized officer of such party as to such request and to enable the other party the opportunity to obtain a protective order or other confidential treatment, unless such notification is otherwise prohibited by law or court order. Each party of Paying Agent and Company expressly reserves the right, however, to disclose Confidential Information to any person whenever it is advised by counsel that it may be held liable for the failure to disclose such Confidential Information or if required by law or court order.

Appears in 2 contracts

Samples: Agency Agreement (Roi Land Investments LTD), Agency Agreement (Roi Land Investments LTD)

Required or Permitted Disclosure. In the event that any requests or demands are made for the disclosure of Confidential Information, other than requests to Agent the Depositary for Shareholder records of Holders pursuant to standard subpoenas from state or federal government authorities (e.g., in divorce and criminal actions), the party receiving such request will promptly notify the other party to secure instructions from an authorized officer of such party as to such request and to enable the other party the opportunity to obtain a protective order or other confidential treatment, unless such notification is otherwise prohibited by law or court order. Each party expressly reserves the right, however, to disclose Confidential Information to any person whenever it is advised by counsel that it may be held liable for the failure to disclose such Confidential Information or if required by law or court order.

Appears in 1 contract

Samples: Deposit Agreement (Nb Capital Corp)

Required or Permitted Disclosure. In the event that any requests or demands are made for the disclosure of Confidential Information, other than requests to Transfer Agent for Shareholder records pursuant to standard subpoenas from state or federal government authorities ({e.g., divorce and criminal actions), the party receiving such request will promptly notify the other party to secure instructions from an authorized officer of such party as to such request and to enable the other party the opportunity to obtain a protective order or other confidential treatment, unless such notification is otherwise prohibited by law or court order. Each party expressly reserves the right, however, to disclose Confidential Information to any person whenever it is advised by counsel that it may be held liable for the failure to disclose such Confidential Information or if required by law or court order.

Appears in 1 contract

Samples: Agency and Service Agreement (StoneCastle Financial Corp.)

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Required or Permitted Disclosure. In the event that any requests or demands are made for the disclosure of Confidential Information, other than requests to Agent for Shareholder stockholder records pursuant to standard subpoenas from state or federal government authorities (e.g., divorce and criminal actions), the party receiving such request will promptly notify the other party to secure instructions from an authorized officer of such party as to such request and to enable the other party the opportunity to obtain a protective order or other confidential treatment, unless such notification is otherwise prohibited by law or court order. Each party expressly reserves the right, however, to disclose Confidential Information to any person whenever it is advised by counsel that it may be held liable for the failure to disclose such Confidential Information or if required by law or court order.

Appears in 1 contract

Samples: Subscription Agent Agreement (Royce Value Trust, Inc.)

Required or Permitted Disclosure. In the event that any requests or demands are made for the disclosure of Confidential Information, other than requests to Transfer Agent for Shareholder records pursuant to standard subpoenas from state or federal government authorities (e.g., divorce and criminal actions), the party receiving such request will promptly notify the other party to secure instructions from an authorized officer of such party as to such request and to enable the other party the opportunity to obtain a protective order or other confidential treatment, unless such notification is otherwise prohibited by law or court order. Each party expressly reserves the right, however, to disclose Confidential Information to any person whenever it is advised by counsel that it may be held liable for the failure to disclose such Confidential Information or if required by law or court order; provided, that each party shall provide the other party with notice, if permitted, prior to making any such disclosure.

Appears in 1 contract

Samples: Agreement (Ivy High Income Opportunities Fund)

Required or Permitted Disclosure. In the event that any requests or demands are made for the disclosure of Confidential Information, other than requests to Agent for Shareholder stockholder records pursuant to standard subpoenas from state or federal government authorities arising from actions that are unrelated to the Company or its business (e.g., divorce and criminal actions), the party receiving such request will promptly notify the other party to secure instructions from an authorized officer of such party as to such request and to enable the other party the opportunity to obtain a protective order or other confidential treatment, unless such notification is otherwise prohibited by law or court order. Each party expressly reserves the right, however, to disclose Confidential Information to any person whenever it is advised by counsel that it may be held liable for the failure to disclose such Confidential Information or if required by law or court order.

Appears in 1 contract

Samples: Subscription Agent Agreement (Cohen & Steers Quality Income Realty Fund Inc)

Required or Permitted Disclosure. In the event that any requests or demands are made for the disclosure of Confidential Information, other than requests to Agent for Shareholder Holder records pursuant to standard subpoenas from state or federal government authorities (e.g., divorce and criminal actions), the party receiving such request will promptly notify the other party to secure instructions from an authorized officer of such party as to such request and to enable the other party the opportunity to obtain a protective order or other confidential treatment, unless such notification is otherwise prohibited by law or court order. Each party expressly reserves the right, however, to disclose Confidential Information to any person whenever it is advised by counsel that it may be held liable for the failure to disclose such Confidential Information or if required by law or court order.

Appears in 1 contract

Samples: Depositary Agreement (BlackRock Fixed Income Value Opportunities II)

Required or Permitted Disclosure. In the event that any requests or demands are made for the disclosure of Confidential Information, other than requests or demands to Agent for Shareholder records pursuant to standard subpoenas or requests from state or federal government authorities (e.g., probate, divorce and criminal actions), the party receiving such request or demand will promptly notify the other party to secure instructions from an authorized officer of such party as to such request or demand and to enable the other party the opportunity to obtain a protective order or other confidential treatment, unless such notification is otherwise prohibited by applicable law or court order. Each party expressly reserves the right, however, to disclose Confidential Information to any person whenever it is advised by counsel that it may be held liable for the failure to disclose such Confidential Information or if required by applicable law or court order.

Appears in 1 contract

Samples: Transfer Agency and Service Agreement (Nuveen Churchill Direct Lending Corp.)

Required or Permitted Disclosure. In the event that any requests or demands are made for the disclosure of Confidential Information, other than requests to Agent TTA for Shareholder Token Holder records pursuant to standard subpoenas from state or federal government authorities (e.g., divorce probate, divorce, and criminal actions), the party receiving such request will promptly notify the other party to secure instructions from an authorized officer of such party as to such request and to enable the other party the opportunity to obtain a protective order or other confidential treatment, unless such notification is otherwise prohibited by law or court order. Each party expressly reserves the right, however, to disclose Confidential Information to any person whenever it is advised by counsel that it may be held liable for the failure to disclose such Confidential Information or if required by law or court order.

Appears in 1 contract

Samples: Transfer Agency and Service Agreement (INX LTD)

Required or Permitted Disclosure. In the event that any requests or demands are made for the disclosure of Confidential Information, Information other than requests to the Transfer Agent for Shareholder records Token holder records, pursuant to standard subpoenas from state or federal government authorities (e.g., divorce probate, divorce, and criminal actions), the party Party receiving such request will promptly notify the other party Party to secure instructions from an authorized officer of such party Party as to such request and to enable the other party Party the opportunity to obtain a protective order or other confidential treatment, unless such notification is otherwise prohibited by law or court order. Each party expressly reserves the right, however, to Party may disclose Confidential Information to any person whenever it is advised by counsel that it the Party may be held liable for the failure to disclose such Confidential Information or if required by law or court order.

Appears in 1 contract

Samples: Transfer Agency and Services Agreement (WisdomTree Digital Trust)

Required or Permitted Disclosure. In the event that any requests or demands are made for the disclosure of Confidential Information, other than requests to Rights Agent for Shareholder stockholder records pursuant to standard subpoenas from state or federal government authorities (e.g., divorce and criminal actions), the party receiving such request will promptly notify the other party to secure instructions from an authorized officer of such party as to such request and to enable the other party the opportunity to obtain a protective order or other confidential treatment, unless such notification is otherwise prohibited by law or court order. Each party expressly reserves the right, however, to disclose Confidential Information to any person whenever it is advised by counsel that it may be held liable for the failure to disclose such Confidential Information or if required by law or court order.. Annex B-15

Appears in 1 contract

Samples: Contingent Value Rights Agreement (Aytu Bioscience, Inc)

Required or Permitted Disclosure. In the event that any requests or demands are made for the disclosure of Confidential Information, other than requests to Agent for Shareholder shareholder records pursuant to standard subpoenas from state or federal government authorities (e.g., divorce and criminal actions), the party receiving such request will promptly notify the other party to secure instructions from an authorized officer of such party as to such request and to enable the other party the opportunity to obtain a protective order or other confidential treatment, unless such notification is otherwise prohibited by law or court order. Each party expressly reserves the right, however, to disclose Confidential Information to any person whenever it is advised by counsel that it may be held liable for the failure to disclose such Confidential Information or if required by law or court order.

Appears in 1 contract

Samples: Subscription Agent Agreement (Williams Industrial Services Group Inc.)

Required or Permitted Disclosure. In the event that any requests or demands are made for the disclosure of Confidential Information, other than requests to Agent for Shareholder records pursuant to standard subpoenas from state or federal government authorities (e.g., probate, divorce and criminal actions), the party receiving such request or demand will promptly notify the other party to secure instructions from an authorized officer of such party as to such request or demand and to enable the other party the opportunity to obtain a protective order or other confidential treatment, unless such notification is otherwise prohibited by applicable law or court order. Each party hereto expressly reserves the right, however, to disclose Confidential Information to any person whenever it is advised by counsel that it may be held liable for the failure to disclose such Confidential Information or if required by applicable law or court order.

Appears in 1 contract

Samples: Agency and Service Agreement (Thornburg Income Builder Opportunities Trust)

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