Common use of Disclosure of Information; Confidentiality Clause in Contracts

Disclosure of Information; Confidentiality. The SECURED PARTIES shall hold all non-public information with respect to the BORROWER confidential. The BORROWER agrees that any LENDER may, in connection with any assignment, proposed assignment, participation or proposed participation pursuant to this Section, disclose to the ASSIGNEE, PARTICIPANT, proposed ASSIGNEE or proposed PARTICIPANT, any information relating to the BORROWER furnished to such LENDER by or on behalf of the BORROWER; provided, that prior to any such disclosure, each such ASSIGNEE, proposed ASSIGNEE, PARTICIPANT or proposed PARTICIPANT shall agree with the BORROWER or such LENDER to preserve the confidentiality of any confidential information relating to the BORROWER received from such LENDER. Nothing herein shall prevent any SECURED PARTY from disclosing such information: (a) to any other SECURED PARTY; (b) upon the order of any court or administrative agency; (c) upon the request or demand of any regulatory agency or authority having jurisdiction over such SECURED PARTY; (d) which has been publicly disclosed; (e) to the extent reasonably required in connection with any litigation to which such SECURED PARTY may be a party; (f) to its counsel and auditors; and (g) to the extent reasonably required in connection with the exercise of any remedy hereunder.

Appears in 2 contracts

Samples: Loan and Security Agreement (Martek Biosciences Corp), Loan and Security Agreement (Martek Biosciences Corp)

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Disclosure of Information; Confidentiality. The SECURED PARTIES Administrative Agent and the Lenders shall hold all non-public information with respect to the BORROWER confidentialBorrower obtained pursuant to the Loan Documents in accordance with their customary procedures for handling confidential information; PROVIDED, that the Administrative Agent may disclose information relating to this Agreement may disclose information relating to this Agreement to Gold Sheets and other similar bank trade publications, such information to consist of deal terms and other information customarily found in such publications and PROVIDED FURTHER, that the Administrative Agent and the Lenders may disclose any such information to their counsel and accountants and to the extent they reasonably believe that such disclosure is required by law or requested by any regulatory authority. The BORROWER agrees that any LENDER Any Lender may, in connection with any assignment, proposed assignment, participation or proposed participation pursuant to this SectionSection 13.11, disclose to the ASSIGNEEassignee, PARTICIPANTparticipant, proposed ASSIGNEE assignee or proposed PARTICIPANTparticipant, any information relating to the BORROWER Borrower furnished to such LENDER Lender by or on behalf of the BORROWERBorrower; providedPROVIDED, that prior to any such disclosure, each such ASSIGNEEassignee, proposed ASSIGNEEassignee, PARTICIPANT participant or proposed PARTICIPANT participant shall agree with the BORROWER Borrower or such LENDER Lender to preserve the confidentiality of any confidential information relating to the BORROWER Borrower received from such LENDER. Nothing herein shall prevent any SECURED PARTY from disclosing such information: (a) to any other SECURED PARTY; (b) upon the order of any court or administrative agency; (c) upon the request or demand of any regulatory agency or authority having jurisdiction over such SECURED PARTY; (d) which has been publicly disclosed; (e) to the extent reasonably required in connection with any litigation to which such SECURED PARTY may be a party; (f) to its counsel and auditors; and (g) to the extent reasonably required in connection with the exercise of any remedy hereunderLender.

Appears in 1 contract

Samples: Credit Agreement (Healthplan Services Corp)

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Disclosure of Information; Confidentiality. The SECURED PARTIES Administrative Agent ------------------------------------------ and the Lenders shall hold all non-public information with respect to the BORROWER confidentialBorrower obtained pursuant to the Loan Documents on a need to know basis for making and administering the credit in accordance with their customary procedures for handling confidential information; provided, that the -------- Administrative Agent may disclose information relating to this Agreement to Gold ---- Sheets and other similar bank trade publications, such information to consist of ------ deal terms and other information customarily found in such publications and provided further, that the Administrative Agent and Lenders may disclose any such information to the extent such disclosure is required by law or requested by any Governmental Authority. The BORROWER agrees that any LENDER Any Lender may, in connection with any assignment, proposed assignment, participation or proposed participation pursuant to this SectionSection 12.10, disclose to the ASSIGNEEassignee, PARTICIPANTparticipant, proposed ASSIGNEE assignee or proposed PARTICIPANTparticipant, any information relating to the BORROWER Borrower furnished to such LENDER Lender by or on behalf of the BORROWERBorrower; provided, that prior -------- to any such disclosure, each such ASSIGNEEassignee, proposed ASSIGNEEassignee, PARTICIPANT participant or proposed PARTICIPANT participant shall agree with the BORROWER Borrower or such LENDER Lender to preserve the confidentiality of any confidential information relating to the BORROWER Borrower received from such LENDER. Nothing herein shall prevent any SECURED PARTY from disclosing such information: (a) to any other SECURED PARTY; (b) upon the order of any court or administrative agency; (c) upon the request or demand of any regulatory agency or authority having jurisdiction over such SECURED PARTY; (d) which has been publicly disclosed; (e) to the extent reasonably required Lender in connection accordance with any litigation to which such SECURED PARTY may be a party; (f) to its counsel and auditors; and (g) to the extent reasonably required in connection with the exercise of any remedy hereunderthis Section.

Appears in 1 contract

Samples: Credit Agreement (Commonwealth Telephone Enterprises Inc /New/)

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