Unauthorized Disclosure. As may be required by law and without limiting any party’s rights in respect of a breach of this Section 11, each party will promptly: (a) notify the other party in writing of any unauthorized possession, use or disclosure of the other party’s Confidential Information by any person or entity that may become known to such party; (b) furnish to the other party full details of the unauthorized possession, use or disclosure; and (c) use commercially reasonable efforts to prevent a recurrence of any such unauthorized possession, use or disclosure of Confidential Information.
Appears in 45 contracts
Sources: Transfer Agency and Service Agreement (Cbre Global Real Estate Income Fund), Transfer Agency and Service Agreement (Nuveen Variable Rate Preferred & Income Fund), Transfer Agency and Service Agreement (Guggenheim Active Allocation Fund)
Unauthorized Disclosure. As may be required by law and without limiting any either party’s rights in respect of a breach of this Section 11Section, each party will promptlywill:
(a) promptly notify the other party in writing of any unauthorized possession, use or disclosure of the other party’s Confidential Information by any person or entity that may become known to such party;
(b) promptly furnish to the other party full details of the unauthorized possession, use or disclosure; and
(c) promptly use commercially reasonable efforts to prevent a recurrence of any such unauthorized possession, use or disclosure of Confidential Information.
Appears in 31 contracts
Sources: Subscription Agent Agreement, Transfer Agency and Service Agreement (Gabelli Convertible & Income Securities Fund Inc), Transfer Agency and Service Agreement (Gabelli Global Utility & Income Trust)
Unauthorized Disclosure. As may be required by law and without limiting any party’s rights in respect of a breach of this Section 1113, each party will promptly:
(a) notify the other party in writing of any unauthorized possession, use or disclosure of the other party’s Confidential Information by any person or entity that may become known to such party;
(b) furnish to the other party full details of the unauthorized possession, use or disclosure; and
(c) use commercially reasonable efforts to prevent a recurrence of any such unauthorized possession, use or disclosure of Confidential Information.
Appears in 23 contracts
Sources: Transfer Agency and Services Agreement (Western Asset High Income Opportunity Fund Inc.), Transfer Agency and Services Agreement (Western Asset High Yield Opportunity Fund Inc.), Transfer Agency and Services Agreement (Western Asset Municipal High Income Fund Inc.)
Unauthorized Disclosure. As may be required by law and without limiting any party’s 's rights in respect of a breach of this Section 1113, each party will promptly:
(a) notify Notify the other party in writing of any unauthorized possession, use or disclosure of the other party’s 's Confidential Information by any person or entity that may become known to such party;
(b) furnish Furnish to the other party full details of the unauthorized possession, use or disclosure; and
(c) use Use commercially reasonable efforts to prevent a recurrence of any such unauthorized possession, use or disclosure of Confidential Information.
Appears in 14 contracts
Sources: Subscription Agent and Information Agent Agreement (RiverNorth/DoubleLine Strategic Opportunity Fund, Inc.), Subscription Agent and Information Agent Agreement (RiverNorth Capital & Income Fund, Inc.), Subscription Agent Agreement (RiverNorth Capital & Income Fund, Inc.)
Unauthorized Disclosure. As may be required by law and without limiting any party’s rights in respect of a breach of this Section 1114, each party will promptly:
(a) notify Notify the other party in writing of any unauthorized possession, use or disclosure of the other party’s Confidential Information by any person or entity that may become known to such party;
(b) furnish Furnish to the other party full details of the unauthorized possession, use or disclosure; and
(c) use Use commercially reasonable efforts to prevent a recurrence of any such unauthorized possession, use or disclosure of Confidential Information.
Appears in 12 contracts
Sources: Subscription Agent Agreement (Gabelli Equity Trust Inc), Subscription Agent and Information Agent Agreement (RiverNorth/DoubleLine Strategic Opportunity Fund, Inc.), Subscription Agent and Information Agent Agreement (RiverNorth Capital & Income Fund, Inc.)
Unauthorized Disclosure. As may be required by law and without limiting any party’s 's rights in respect of a breach of this Article III, Section 1114, each party will promptly:
(a) notify Notify the other party in writing of any unauthorized possession, use or disclosure of the other party’s 's Confidential Information by any person or entity that may become known to such party;
(b) furnish Furnish to the other party full details of the unauthorized possession, use or disclosure; and
(c) use Use commercially reasonable efforts to prevent a recurrence of any such unauthorized possession, use or disclosure of Confidential Information.
Appears in 10 contracts
Sources: Depositary and Information Agent Agreement (Tortoise Energy Independence Fund, Inc.), Depositary and Information Agent Agreement (Tortoise Pipeline & Energy Fund, Inc.), Depositary and Information Agent Agreement (Tortoise Energy Infrastructure Corp)
Unauthorized Disclosure. As may be required by law and without limiting any party’s rights in respect of a breach of this Section 118, each party will promptly:
(a) notify the other party in writing of any unauthorized possession, use or disclosure of the other party’s Confidential Information by any person or entity that may become known to such party;
(b) furnish to the other party full details of the unauthorized possession, use or disclosure; and
(c) use commercially reasonable efforts to prevent a recurrence of any such unauthorized possession, use or disclosure of Confidential Information.
Appears in 9 contracts
Sources: Transfer Agency and Service Agreement (Fundrise Growth Tech Fund, LLC), Transfer Agency and Service Agreement (Fundrise Real Estate Interval Fund II, LLC), Transfer Agency and Service Agreement (Fundrise Real Estate Interval Fund, LLC)
Unauthorized Disclosure. As may be required by law and without limiting any party’s rights in respect of a breach of this Article III, Section 1114, each party will promptly:
(a) notify Notify the other party in writing of any unauthorized possession, use or disclosure of the other party’s Confidential Information by any person or entity that may become known to such party;
(b) furnish Furnish to the other party full details of the unauthorized possession, use or disclosure; and
(c) use Use commercially reasonable efforts to prevent a recurrence of any such unauthorized possession, use or disclosure of Confidential Information.
Appears in 9 contracts
Sources: Depositary and Information Agent Agreement (Tortoise Power & Energy Infrastructure Fund Inc), Depositary and Information Agent Agreement (Tortoise Energy Independence Fund, Inc.), Depositary and Information Agent Agreement (Tortoise Midstream Energy Fund, Inc.)
Unauthorized Disclosure. As may be required by law and without limiting any party’s 's rights in respect of a breach of this Section 11, each party will promptly:
(a) notify the other party in writing of any unauthorized possession, use or disclosure of the other party’s 's Confidential Information by any person or entity that may become known to such party;
(b) furnish to the other party full details of the unauthorized possession, use or disclosure; and
(c) use commercially reasonable efforts to prevent a recurrence of any such unauthorized possession, use or disclosure of Confidential Information.
Appears in 9 contracts
Sources: Transfer Agency and Service Agreement (Virtus Stone Harbor Emerging Markets Income Fund), Transfer Agency and Service Agreement (Hercules Capital, Inc.), Transfer Agency and Service Agreement (Firsthand Technology Value Fund, Inc.)
Unauthorized Disclosure. As may be required by law and without limiting any party’s 's rights in respect of a breach of this Section 1113, each party will promptly:
(a) notify the other party in writing of any unauthorized possession, use or disclosure of the other party’s 's Confidential Information by any person or entity that may become known to such party;
(b) furnish to the other party full details of the unauthorized possession, use or disclosure; and
(c) use commercially reasonable efforts to prevent a recurrence of any such unauthorized possession, use or disclosure of Confidential Information.
Appears in 8 contracts
Sources: Subscription Agent Agreement (Enterprise Bancorp Inc /Ma/), Subscription Agent Agreement (Royce Value Trust, Inc.), Subscription Agent Agreement (New Ireland Fund Inc)
Unauthorized Disclosure. As may be required by law and without limiting any party’s 's rights in respect of a breach of this Section 1114, each party will promptly:
(a) notify Notify the other party in writing of any unauthorized possession, use or disclosure of the other party’s 's Confidential Information by any person or entity that may become known to such party;
(b) furnish Furnish to the other party full details of the unauthorized possession, use or disclosure; and
(c) use Use commercially reasonable efforts to prevent a recurrence of any such unauthorized possession, use or disclosure of Confidential Information.
Appears in 8 contracts
Sources: Subscription Agent Agreement (Oxford Square Capital Corp.), Subscription Agent Agreement (Neuberger Berman High Yield Strategies Fund Inc.), Subscription Agent Agreement (Gabelli Utility Trust)
Unauthorized Disclosure. As may be required by law and without limiting any party’s rights in respect of a breach of this Section 1113, each party will promptly:
(a) notify Notify the other party in writing of any unauthorized possession, use or disclosure of the other party’s Confidential Information by any person or entity that may become known to such party;
(b) furnish Furnish to the other party full details of the unauthorized possession, use or disclosure; and
(c) use Use commercially reasonable efforts to prevent a recurrence of any such unauthorized possession, use or disclosure of Confidential Information.
Appears in 7 contracts
Sources: Subscription Agent Agreement (LMP Capital & Income Fund Inc.), Subscription Agent Agreement (Western Asset Global High Income Fund Inc.), Subscription Agent Agreement (Western Asset High Income Fund Ii Inc.)
Unauthorized Disclosure. As may be required by law and without limiting any party’s rights in respect of a breach of this Section 1115, each party will promptly:
(a) notify Notify the other party in writing of any unauthorized possession, use or disclosure of the other party’s Confidential Information by any person or entity that may become known to such party;
(b) furnish Furnish to the other party full details of the unauthorized possession, use or disclosure; and
(c) use Use commercially reasonable efforts to prevent a recurrence of any such unauthorized possession, use or disclosure of Confidential Information.
Appears in 6 contracts
Sources: Subscription Agent Agreement (BlackRock Utilities, Infrastructure & Power Opportunities Trust), Subscription Agent Agreement (Blackrock Corporate High Yield Fund, Inc.), Subscription Agent Agreement (Blackrock Income Trust, Inc.)
Unauthorized Disclosure. As may be required by law and without limiting any either party’s 's rights in respect of a breach of this Section 11Section, each party will promptlywill:
(a) promptly notify the other party in writing of any unauthorized possession, use or disclosure of the other party’s 's Confidential Information by any person or entity that may become known to such party;
(b) promptly furnish to the other party full details of the unauthorized possession, use or disclosure; and
(c) promptly use commercially reasonable efforts to prevent a recurrence of any such unauthorized possession, use or disclosure of Confidential Information.
Appears in 6 contracts
Sources: Transfer Agency and Service Agreement (Gabelli Go Anywhere Trust), Transfer Agency and Service Agreement (Tortoise Power & Energy Infrastructure Fund Inc), Transfer Agency and Service Agreement (Tortoise Power & Energy Infrastructure Fund Inc)
Unauthorized Disclosure. As may be required by applicable law and without limiting any party’s 's rights in respect of a breach of this Section 119, each party will promptly:
(a) notify the other party in writing of any unauthorized possession, use or disclosure of the other party’s 's Confidential Information by any person or entity that may become known to such party;
(b) furnish to the other party full details of the unauthorized possession, use or disclosure; and
(c) use commercially reasonable efforts to prevent a recurrence of any such unauthorized possession, use or disclosure of Confidential Information.
Appears in 5 contracts
Sources: Transfer Agency and Service Agreement (Ultra Aerospace Opportunities Inc.), Transfer Agency and Service Agreement (RiverNorth Short Prime Unicorn Fund 2028, Inc), Transfer Agency and Service Agreement (RiverNorth Long Prime Unicorn Fund 2028, Inc.)
Unauthorized Disclosure. As may be required permissible by law and without limiting any party’s rights in respect of a breach of this Section 11, each party will promptly:
(a) notify the other party in writing of any unauthorized possession, use or disclosure of the other party’s Confidential Information by any person or entity that may become known to such party;
(b) furnish to the other party full details of the unauthorized possession, use or disclosure; and
(c) use commercially reasonable efforts to prevent a recurrence of any such unauthorized possession, use or disclosure of Confidential Information.
Appears in 5 contracts
Sources: Transfer Agency and Service Agreement, Transfer Agency and Service Agreement, Transfer Agency and Service Agreement (Goldman Sachs BDC, Inc.)
Unauthorized Disclosure. As may be required by law and without limiting any party’s 's rights in respect of a breach of this Section 118, each party will promptly:
(a) notify the other party in writing of any unauthorized possession, use or disclosure of the other party’s 's Confidential Information by any person or entity that may become known to such party;
(b) furnish to the other party full details of the unauthorized possession, use or disclosure; and
(c) use commercially reasonable efforts to prevent a recurrence of any such unauthorized possession, use or disclosure of Confidential Information.
Appears in 5 contracts
Sources: Subscription Agent Agreement (Liberty All Star Equity Fund), Transfer Agency and Service Agreement (Pf Royalty I LLC), Subscription Agent Agreement (Liberty All Star Growth Fund Inc.)
Unauthorized Disclosure. As may be required by law and without limiting any party’s rights in respect of a breach of this Section 1110, each party will promptly:
(a) notify notify, the other party in writing of any unauthorized possession, use or disclosure of the other party’s Confidential Information by any person or entity that may become known to such party;
(b) furnish to the other party full details of the unauthorized possession, use or disclosure; and
(c) use commercially reasonable efforts to prevent a recurrence of any such unauthorized possession, use or disclosure of Confidential Information.
Appears in 5 contracts
Sources: Transfer Agency and Service Agreement (India Fund, Inc.), Transfer Agency and Service Agreement (Abrdn Total Dynamic Dividend Fund), Transfer Agency and Service Agreement (Aberdeen Standard Global Infrastructure Income Fund)
Unauthorized Disclosure. As may be required by applicable law and without limiting any party’s rights in respect of a breach of this Section 119, each party will promptly:
(a) notify the other party in writing of any unauthorized possession, use or disclosure of the other party’s Confidential Information by any person or entity that may become known to such party;
(b) furnish to the other party full details of the unauthorized possession, use or disclosure; and
(c) use commercially reasonable efforts to prevent a recurrence of any such unauthorized possession, use or disclosure of Confidential Information.
Appears in 4 contracts
Sources: Transfer Agency and Service Agreement (Tap US Private Equity Fund of Funds), Transfer Agency and Service Agreement (Ultra AI Opportunities Inc.), Transfer Agency and Service Agreement (Audax Private Credit Fund, LLC)
Unauthorized Disclosure. As may be required by law and without limiting any either party’s rights in respect of a breach of this Section 11Section, each party will promptly:
(a) notify the other party in writing of any unauthorized possession, use or disclosure of the other party’s Confidential Information by any person or entity that may become known to such party;
(b) furnish to the other party full details of the unauthorized possession, use or disclosure; and
(c) use commercially reasonable efforts to prevent a recurrence of any such unauthorized possession, use or disclosure of Confidential Information.
Appears in 4 contracts
Sources: Transfer Agency and Service Agreement (Virtus Global Dividend & Income Fund Inc.), Transfer Agency and Service Agreement (Zweig Fund Inc /Md/), Transfer Agency and Service Agreement (Virtus Global Multi-Sector Income Fund)
Unauthorized Disclosure. As may be required by law and without limiting any partyParty’s rights in with respect of to a breach of this Section 118, each party Party will promptly:
(a) notify the other party Party in writing of any unauthorized possession, use use, or disclosure of the other partyParty’s Confidential Information by any person or entity that may become becomes known to such partyParty;
(b) furnish to the other party Party full details of the unauthorized possession, use use, or disclosure; and
(c) use commercially reasonable efforts to prevent a recurrence of any such unauthorized possession, use or disclosure of Confidential Information.
Appears in 4 contracts
Sources: Transfer Agent Services Agreement (Figure Certificate Co), Transfer Agency and Services Agreement (WisdomTree Digital Trust), Transfer Agency and Registrar Services Agreement (WisdomTree Digital Trust)
Unauthorized Disclosure. As may be required by law and without limiting any party’s rights in respect of a breach of this Section 11, each party will promptly:
(a) notify the other party in writing of any unauthorized possession, use or disclosure of the other partypatty’s Confidential Information by any person or entity that may become known to such party;
(b) furnish to the other party full details of the unauthorized possession, use or disclosure; and
(c) use commercially reasonable efforts to prevent a recurrence of any such unauthorized possession, use or disclosure of Confidential Information.
Appears in 4 contracts
Sources: Transfer Agency and Service Agreement, Transfer Agency and Service Agreement (Invesco Municipal Income Opportunities Trust), Transfer Agency and Service Agreement (Invesco Value Municipal Income Trust)
Unauthorized Disclosure. As may be required by applicable law and without limiting any party’s 's rights in respect of a breach of this Section 1110, each party will promptly:
(a) notify the other party in writing of any unauthorized possession, use or disclosure of the other party’s 's Confidential Information by any person or entity that may become known to such party;
(b) furnish to the other party full details of the unauthorized possession, use or disclosure; and
(c) use commercially reasonable efforts to prevent a recurrence of any such unauthorized possession, use or disclosure of Confidential Information.
Appears in 3 contracts
Sources: Transfer Agency and Service Agreement (Abrdn World Healthcare Fund), Transfer Agency and Service Agreement (Abrdn Global Dynamic Dividend Fund), Transfer Agency and Service Agreement (Abrdn Global Infrastructure Income Fund)
Unauthorized Disclosure. As may be required by law and without limiting any party’s 's rights in respect of a breach of this Section 119.13, each party will promptly:
(ai) notify the other party in writing of any unauthorized possession, use or disclosure of the other party’s Confidential Information by any person or entity that may become known to such party;
(bii) furnish to the other party full details of the unauthorized possession, use or disclosure; and
(ciii) use commercially reasonable efforts to prevent a recurrence of any such unauthorized possession, use or disclosure of Confidential Information.
Appears in 2 contracts
Sources: Merger Agreement (Innovus Pharmaceuticals, Inc.), Contingent Value Rights Agreement (Aytu Bioscience, Inc)
Unauthorized Disclosure. As may be required by law and without limiting any party’s rights in respect of a breach of this Section 1122, each party will promptly:
(a) notify Notify the other party in writing of any unauthorized possession, use or disclosure of the other party’s Confidential Information by any person or entity that may become known to such party;
(b) furnish Furnish to the other party full details of the unauthorized possession, use or disclosure; and
(c) use Use commercially reasonable efforts to prevent a recurrence of any such unauthorized possession, use or disclosure of Confidential Information.
Appears in 2 contracts
Sources: Depositary Agreement (Invesco Trust for Investment Grade New York Municipals), Depositary Agreement (Invesco Pennsylvania Value Municipal Income Trust)
Unauthorized Disclosure. As may be required by law and without limiting any party’s 's rights in respect of a breach of this Section 1121, each party will promptly:
(a) notify the other party in writing of any unauthorized possession, use or disclosure of the other party’s 's Confidential Information by any person or entity that may become known to such party;
(b) furnish to the other party full details of the unauthorized possession, use or disclosure; and
(c) use commercially reasonable efforts to prevent a recurrence of any such unauthorized possession, use or disclosure of Confidential Information.
Appears in 2 contracts
Sources: Depositary Agreement (Delaware Investments Dividend & Income Fund, Inc), Depositary Agreement (Delaware Investments Dividend & Income Fund, Inc)
Unauthorized Disclosure. As may be required by law and without limiting any party’s rights in respect of a breach of this Section 118, each party will promptly:
(a) notify the other party in writing of any unauthorized possession, use use, or disclosure of the other party’s Confidential Information by any person or entity that may become known to such party;
(b) furnish to the other party full details of the unauthorized possession, use or disclosure; and
(c) use commercially reasonable efforts to prevent a recurrence of any such unauthorized possession, use or disclosure of Confidential Information.
Appears in 2 contracts
Sources: Transfer Agency and Service Agreement (INX LTD), Transfer Agency and Service Agreement (Arca U.S. Treasury Fund)
Unauthorized Disclosure. As may be required by law and without limiting any party’s rights in respect of a breach of this Section 1121, each party will promptly:
(a) notify the other party in writing of any unauthorized possession, use or disclosure of the other party’s Confidential Information by any person or entity that may become known to such party;
(b) furnish to the other party full details of the unauthorized possession, use or disclosure; and
(c) use commercially reasonable efforts to prevent a recurrence of any such unauthorized possession, use or disclosure of Confidential Information.
Appears in 2 contracts
Sources: Depositary Agreement (Firsthand Technology Value Fund, Inc.), Depositary Agreement (Delaware Investments Dividend & Income Fund, Inc)
Unauthorized Disclosure. As may be required by law and without limiting any party’s rights in respect of a breach of this Section 118, each party will promptly:
: (a) notify the other party in writing of any unauthorized possession, use or disclosure of the other party’s Confidential Information by any person or entity that may become known to such party;
; (b) furnish to the other party full details of the unauthorized possession, use or disclosure; and
and (c) use commercially reasonable efforts to prevent a recurrence of any such unauthorized possession, use or disclosure of Confidential Information.
Appears in 2 contracts
Sources: Transfer Agency and Service Agreement (Fundrise Growth Tech Fund, LLC), Transfer Agency and Service Agreement (Fundrise Income Real Estate Fund, LLC)
Unauthorized Disclosure. As may be required by law and without limiting any party’s rights in respect of a breach of this Section 1110, each party will promptly:
(a) notify the other party in writing of any unauthorized possession, use or disclosure of the other party’s Confidential Information by any person or entity that may become known to such party;
(b) furnish to the other party full details of the unauthorized possession, use or disclosure; and
(c) use commercially reasonable efforts to prevent a recurrence of any such unauthorized possession, use or disclosure of Confidential Information.
Appears in 2 contracts
Sources: Transfer Agency and Service Agreement (Ivy High Income Opportunities Fund), Transfer Agency and Service Agreement (Aberdeen Australia Equity Fund Inc)
Unauthorized Disclosure. As may be required by applicable law and without limiting any party’s rights in respect of a breach of this Section 118, each party will promptly:
(a) notify the other party in writing of any unauthorized possession, use or disclosure of the other party’s Confidential Information by any person or entity that may become known to such party;
(b) furnish to the other party full details of the unauthorized possession, use or disclosure; and
(c) use commercially reasonable efforts to prevent a recurrence of any such unauthorized possession, use or disclosure of Confidential Information.
Appears in 2 contracts
Sources: Transfer Agency and Service Agreement (CWS Investments Inc), Transfer Agency and Service Agreement (CWS Investments Inc)
Unauthorized Disclosure. As may be required by law and without limiting any party’s rights in respect of a breach of this Section 1120, each party will promptly:
(a) notify the other party in writing of any unauthorized possession, use or disclosure of the other party’s Confidential Information by any person or entity that may become known to such party;
(b) furnish to the other party full details of the unauthorized possession, use or disclosure; and
(c) use commercially reasonable efforts to prevent a recurrence of any such unauthorized possession, use or disclosure of Confidential Information.
Appears in 1 contract
Sources: Depositary Agreement (BlackRock Fixed Income Value Opportunities II)
Unauthorized Disclosure. As may be required by law and without limiting any either party’s 's rights in respect of a breach of this Section 11Section, each party will promptly:
(ai) promptly notify the other party in writing of any unauthorized possession, use or disclosure of the other party’s 's Confidential Information by any person or entity that may become known to such party;
; (bii) promptly furnish to the other party full details of the unauthorized possession, use or disclosure; and
and (ciii) promptly use commercially reasonable efforts to prevent a recurrence of any such unauthorized possession, use or disclosure of Confidential Information.
Appears in 1 contract
Unauthorized Disclosure. As may be required by law and without limiting any party’s 's rights in respect of a breach of this Section 11, each party will promptly:
: (a) notify the other party in writing of any unauthorized possession, use or disclosure of the other party’s 's Confidential Information by any person or entity that may become known to such party;
; (b) furnish to the other party full details of the unauthorized possession, use or disclosure; and
and (c) use commercially reasonable efforts to prevent a recurrence of any such unauthorized possession, use or disclosure of Confidential Information.
Appears in 1 contract
Sources: Transfer Agency and Service Agreement (First Trust Dynamic Europe Equity Income Fund)
Unauthorized Disclosure. As may be required by applicable law and without limiting any party’s rights in respect of a breach of this Section 1115.4, each party will promptly:
(a) notify Notify the other party in writing of any unauthorized possession, use or disclosure of the other party’s Confidential Information by any person or entity that may become known to such party;
(b) furnish Furnish to the other party full details of the unauthorized possession, use or disclosure; and
(c) use Use commercially reasonable efforts to prevent a recurrence of any such unauthorized possession, use or disclosure of Confidential Information.
Appears in 1 contract
Sources: Subscription Agent Agreement (Cohen & Steers Infrastructure Fund Inc)
Unauthorized Disclosure. As may be required by law and without limiting any partyParty’s rights in with respect of to a breach of this Section 115, each party Party will promptly:
(a) notify the other party Party in writing of any unauthorized possession, use use, or disclosure of the other partyParty’s Confidential Information by any person or entity that may become becomes known to such partyParty;
(b) furnish to the other party Party full details of the unauthorized possession, use use, or disclosure; and
(c) use commercially reasonable efforts to prevent a recurrence of any such unauthorized possession, use or disclosure of Confidential Information.
Appears in 1 contract
Sources: Aml/Kyc Service Provider Agreement (Figure Certificate Co)
Unauthorized Disclosure. As may be required by law and without limiting any party’s rights in respect of a breach of this Section 118.11, each party will promptly:
(ai) notify the other party in writing of any unauthorized possession, use or disclosure of the other party’s Confidential Information by any person or entity that may become known to such party;
(bii) furnish to the other party full details of the unauthorized possession, use or disclosure; and
(ciii) use commercially reasonable efforts to prevent a recurrence of any such unauthorized possession, use or disclosure of Confidential Information.
Appears in 1 contract
Sources: Contingent Value Rights Agreement (Leap Wireless International Inc)
Unauthorized Disclosure. As may be required by law and without limiting any party’s party 's rights in respect of a breach of this Section 11, each party will promptly:
(a) notify the other party in writing of any unauthorized possession, use or disclosure of the other party’s Confidential Information by any person or entity that may become known to such partyparty ;
(b) furnish to the other party full details of the unauthorized possession, use or disclosure; and
(c) use commercially reasonable efforts to prevent a recurrence of any such unauthorized possession, use or disclosure of Confidential Information.
Appears in 1 contract
Sources: Transfer Agency and Service Agreement (First Trust Energy Income & Growth Fund)
Unauthorized Disclosure. As may be required by law and without limiting any either party’s rights in respect of a breach of this Section 11Section, each party will promptly:
(ai) promptly notify the other party in writing of any unauthorized possession, use or disclosure of the other party’s Confidential Information by any person or entity that may become known to such party;
; (bii) promptly furnish to the other party full details of the unauthorized possession, use or disclosure; and
and (ciii) promptly use commercially reasonable efforts to prevent a recurrence of any such unauthorized possession, use or disclosure of Confidential Information.
Appears in 1 contract
Unauthorized Disclosure. As may be required by law and without limiting any party’s rights in respect of a breach of this Section 118.13, each party will promptly:
(ai) notify the other party in writing of any unauthorized possession, use or disclosure of the other party’s Confidential Information by any person or entity that may become known to such party;
(bii) furnish to the other party full details of the unauthorized possession, use or disclosure; and
(ciii) use commercially reasonable efforts to prevent a recurrence of any such unauthorized possession, use or disclosure of Confidential Information.
Appears in 1 contract
Sources: Contingent Value Rights Agreement (Mateon Therapeutics Inc)
Unauthorized Disclosure. As may be required by law and without limiting any party’s rights in respect of a breach of this Section 1115, each party will promptly:
: (a) notify the other party in writing of any unauthorized possession, use or disclosure of the other party’s Confidential Information by any person or entity that may become known to such party;
; (b) furnish to the other party full details of the unauthorized possession, use or disclosure; and
and (c) use commercially reasonable efforts to prevent a recurrence of any such unauthorized possession, use or disclosure of Confidential Information.
Appears in 1 contract
Unauthorized Disclosure. As may be required by law and without limiting any party’s rights in respect of a breach of this Section 1114, each party will promptly:
(a) notify the other party in writing of any unauthorized possession, use or disclosure of the other party’s Confidential Information by any person or entity that may become known to such party;
(b) furnish to the other party full details of the unauthorized possession, use or disclosure; and
(c) use commercially reasonable efforts to prevent a recurrence of any such unauthorized possession, use or disclosure of Confidential Information.
Appears in 1 contract
Sources: Subscription Agent Agreement (Gabelli Dividend & Income Trust)
Unauthorized Disclosure. As may be required by law and without limiting any party’s rights in respect of a breach of this Section 1119, each party will promptly:
: (a) notify the each other party in writing of any unauthorized possession, use or disclosure of the other another party’s Confidential Information by any person or entity that may become known to such party;
; (b) furnish to the other party full details of the unauthorized possession, use or disclosure; and
and (c) use commercially reasonable efforts to prevent a recurrence of any such unauthorized possession, use or disclosure of Confidential Information.
Appears in 1 contract
Unauthorized Disclosure. As may be required by law and without limiting any party’s 's rights in respect of a breach of this Section 1122, each party will promptly:
(a) notify the other party in writing of any unauthorized possession, use or disclosure of the other party’s 's Confidential Information by any person or entity that may become known to such party;
(b) furnish to the other party full details of the unauthorized possession, use or disclosure; and
(c) use commercially reasonable efforts to prevent a recurrence of any such unauthorized possession, use or disclosure of Confidential Information.
Appears in 1 contract
Sources: Dutch Tender Depositary Agreement (Firsthand Technology Value Fund, Inc.)
Unauthorized Disclosure. As may be required by law and without limiting any either party’s rights in respect of a breach of this Section 11Section, each party will promptlywill:
(ai) promptly notify the other party in writing of any unauthorized possession, use or disclosure of the other party’s Confidential Information by any person or entity that may become known to such party;
(bii) promptly furnish to the other party full details of the unauthorized possession, use or disclosure; and
(ciii) promptly use commercially reasonable efforts to prevent a recurrence of any such unauthorized possession, use or disclosure of Confidential Information.
Appears in 1 contract
Sources: Deposit Agreement (Nb Capital Corp)
Unauthorized Disclosure. As may be required by law and without limiting any either party’s 's rights in respect of a breach of this Section 11Section, each party will promptly:
(a) notify the other party in writing of any unauthorized possession, use or disclosure of the other party’s 's Confidential Information by any person or entity that may become known to such party;
(b) furnish to the other party full details of the unauthorized possession, use or disclosure; and
(c) use commercially reasonable efforts to prevent a recurrence of any such unauthorized possession, use or disclosure of Confidential Information.
Appears in 1 contract
Sources: Transfer Agency and Service Agreement (Duff & Phelps Select Energy MLP Fund Inc.)
Unauthorized Disclosure. As may be required by applicable law and without limiting any party’s rights in respect of a breach of this Section 11, each party hereto will promptly:
(a) notify the other party in writing of any unauthorized possession, use or disclosure of the other party’s Confidential Information by any person or entity that may become known to such party;
(b) furnish to the other party full details of the unauthorized possession, use or disclosure; and
(c) use commercially reasonable efforts to prevent a recurrence of any such unauthorized possession, use or disclosure of Confidential Information.
Appears in 1 contract
Sources: Transfer Agency and Service Agreement (Thornburg Income Builder Opportunities Trust)
Unauthorized Disclosure. As may be required by law and without limiting any party’s party 's rights in respect of a breach of this Section 11, each party will promptly:
(a) notify the other party in writing of any unauthorized possession, use or disclosure of the other party’s party 's Confidential Information by any person or entity that may become known to such partyparty ;
(b) furnish to the other party full details of the unauthorized possession, use or disclosure; and
(c) use commercially reasonable efforts to prevent a recurrence of any such unauthorized possession, use or disclosure of Confidential Information.
Appears in 1 contract
Sources: Transfer Agency and Service Agreement (First Trust High Yield Opportunities 2027 Term Fund)
Unauthorized Disclosure. As may be required by law and without limiting any party’s 's rights in respect of a breach of this Article III, Section 1110, each party will promptly:
(a) notify the other party in writing of any unauthorized possession, use or disclosure of the other party’s 's Confidential Information by any person or entity that may become known to such party;
(b) furnish to the other party full details of the unauthorized possession, use or disclosure; and
(c) use commercially reasonable efforts to prevent a recurrence of any such unauthorized possession, use or disclosure of Confidential Information.
Appears in 1 contract
Sources: Depositary and Information Agent Agreement (Delaware Investments Dividend & Income Fund, Inc)
Unauthorized Disclosure. As may be required by law and without limiting any party’s 's rights in respect of a breach of this Section 1116, each party will promptly:
(a) notify the other party in writing of any unauthorized possession, use or disclosure of the other party’s 's Confidential Information by any person or entity that may become known to such party;
(b) furnish to the other party full details of the unauthorized possession, use or disclosure; and
(c) use commercially reasonable efforts to prevent a recurrence of any such unauthorized possession, use or disclosure of Confidential Information.
Appears in 1 contract
Unauthorized Disclosure. As may be required by law and without limiting any party’s 's rights in respect of a breach of this Section 118, each party will promptly:
(a) notify the other party in writing of any unauthorized possession, use use, or disclosure of the other party’s 's Confidential Information by any person or entity that may become known to such party;
(b) furnish to the other party full details of the unauthorized possession, use or disclosure; and
(c) use commercially reasonable efforts to prevent a recurrence of any such unauthorized possession, use or disclosure of Confidential Information.
Appears in 1 contract
Sources: Transfer Agency and Service Agreement (Arca U.S. Treasury Fund)