Commingled Information definition
Examples of Commingled Information in a sentence
In the event that a protective order or other remedy is not obtained or if the Beneficial Owner waives compliance with this Section 7.6(c), such Person shall furnish only that portion of such Commingled Information that is, upon the advice of such Person’s legal counsel, legally required to be provided and exercise its commercially reasonable efforts to obtain assurances that confidential treatment will be accorded such information.
Notwithstanding the foregoing, Commingled Information may be disclosed subject to reasonable confidentiality measures, and no notice as referenced above is required to be provided, pursuant to requests for information in connection with routine supervisory examinations by regulatory authorities with jurisdiction over Buyer or its Representatives and not directed at the Beneficial Owner or any of its Affiliates (other than any Company Group Member) or the Transaction.
For clarity, to the extent that data and records of any Company Group Member are shared with Buyer or its Representatives as part of the activities contemplated by this Section 6.11, the confidentiality obligations set forth in Section 7.1(a) shall apply to Buyer and its Representatives with respect to any Company Information or Commingled Information accessed pursuant to this Section 6.11.
Notwithstanding the foregoing, such obligation shall not apply to any information generally available to, or known by, the public (other than as a result of disclosure in violation hereof) or that was independently developed by the Buyer or its Affiliates without use of, reliance upon or reference to Commingled Information or was in their rightful possession before the disclosure of the applicable Commingled Information to them.
Notwithstanding the foregoing, Buyer and its Affiliates may disclose Commingled Information as required by Law (including securities Laws) or court, arbitral, or governmental order or process, or any stock exchange listing.
In the event that Buyer or any of its Representatives becomes legally compelled to disclose any Commingled Information pursuant to any court, arbitral or other governmental order or process, such Person shall, to the extent legally permissible, provide the Beneficial Owner with prompt written notice of such requirement so that the Beneficial Owner may (at its own cost and expense) seek a protective order or other remedy or waive compliance with the provisions of this Section 7.6(c).