Common use of Withholding Information Clause in Contracts

Withholding Information. To the extent permitted by applicable law, and notwithstanding the provisions of this ARTICLE 10, each of the Fund and the Administrative Agent may, in its reasonable discretion, keep confidential from any Member information to the extent such Person reasonably determines that (i) disclosure of such information to such Member likely would have a material adverse effect upon the Fund or any Investment due to an actual or likely conflict of business interests between such Member and one or more other parties or an actual or likely imposition of additional statutory or regulatory constraints upon the Fund, the Administrative Agent or an Investment; or (ii) such Member cannot or will not adequately protect against the improper disclosure of Confidential Information, the disclosure of which likely would have a material adverse effect upon the Fund, the Administrative Agent or an Investment. Notwithstanding the foregoing, the Fund and the Administrative Agent shall promptly provide to each Member all relevant documents and information that would otherwise be required to be provided under this ARTICLE 10 but for the preceding sentence that is related to any notice or request (whether written or oral) received from any governmental or regulatory agency involving any pending or threatened Proceeding in connection with the activities or operations of the Fund.