Re: Confidentiality AgreementGymboree Corp • October 25th, 2010 • Apparel & other finishd prods of fabrics & similar matl • Delaware
In connection with your consideration of a possible negotiated transaction (a “Possible Transaction”) involving The Gymboree Corporation, a Delaware corporation (together with its subsidiaries, the “Company”), the Company is prepared to make available to you and your Representatives (as hereinafter defined) certain information concerning the Company. As a condition to being furnished such information, you agree that you will, and will cause your Representatives to, treat the Evaluation Material (as hereinafter defined) in accordance with the provisions of this letter agreement. The term “Representatives” shall mean, as to any party, its affiliates, partners, members, directors, officers, employees, agents, advisors (including, without limitation, attorneys, accountants, consultants, bankers, and financial advisors) and representatives of any of the foregoing; provided, however, that, as applied to you, the term “Representatives” shall only mean those of your Representatives who receive
Re: Amendment to Confidentiality AgreementGymboree Corp • October 25th, 2010 • Apparel & other finishd prods of fabrics & similar matl
Reference is made to that certain Confidentiality Agreement, dated August 9, 2010 (the “Confidentiality Agreement”), by and between The Gymboree Corporation, a Delaware corporation (together with its subsidiaries, the “Company”) and Bain Capital Partners, LLC (“you”). The Company and you hereby agree as follows:
