Common use of Disclosure of Information; Confidentiality Clause in Contracts

Disclosure of Information; Confidentiality. Lender agrees to hold any confidential information that it may receive from Borrower, Guarantor or SunLink pursuant to this Loan Agreement in confidence, except for disclosure: (a) on a confidential basis to legal counsel, independent public accountants and other professional advisors of Lender; (b) to regulatory officials having jurisdiction over Lender; (c) as required by applicable law or legal process (provided that, in the event Lender is so required to disclose such confidential information, Lender shall promptly notify Borrower, so that Borrower, Guarantor or SunLink or any of them may seek a protective order or other appropriate remedy) or in connection with any legal proceeding between Lender and Borrower, Guarantor, SunLink or any of them; and (d) to another financial institution in connection with a disposition or proposed disposition to that financial institution of all or part of Lender’s interests hereunder or a participation interest in the Loan, provided that such disclosure is made subject to an appropriate confidentiality agreement on terms substantially similar to this Section. For purposes of the foregoing, “confidential information” shall mean all information respecting Borrower, Guarantor, SunLink, or any of them, other than (i) information previously filed by Borrower, Guarantor or SunLink with any governmental authority and available to the public, and (ii) information previously published in any public medium from a source other than, directly or indirectly, Lender. Use of information by counsel in enforcement proceedings after Default shall not constitute a prohibited disclosure of information under this section.

Disclosure of Information; Confidentiality. Lender agrees The Agents and the Lenders shall hold all non-public information with respect to hold any confidential information that it may receive from Borrower, Guarantor or SunLink the Borrowers obtained pursuant to the Loan Documents in accordance with their customary procedures for handling confidential information; provided, that the Agents may disclose information relating to this Loan Agreement in confidence, except for disclosure: (a) on a confidential basis to legal counsel, independent public accountants Gold Sheets and other professional advisors similar bank trade publications, such information to consist of Lender; (b) deal terms and other information customarily found in such publications and provided further, that the Agents and Lenders may disclose any such information to regulatory officials having jurisdiction over Lender; (c) as the extent such disclosure is required by applicable law or regulation or requested by any regulatory authority or pursuant to subpoena or other legal process (provided that, in the event Lender is so required to disclose such confidential information, Lender shall promptly notify Borrower, so that Borrower, Guarantor or SunLink or any of them may seek a protective order or other appropriate remedy) or in connection with the Lenders' enforcement of their rights or remedies hereunder or under any legal proceeding between other Loan Document. Any Lender and Borrowermay, Guarantor, SunLink or any of them; and (d) to another financial institution in connection with a disposition any assignment, proposed assignment, participation or proposed disposition to that financial institution of all or part of Lender’s interests hereunder or a participation interest in the Loan, provided that such disclosure is made subject to an appropriate confidentiality agreement on terms substantially similar pursuant to this Section. For purposes Section 14.10, disclose to the assignee, participant, proposed assignee or proposed participant, any information relating to the Borrowers furnished to such Lender by or on behalf of the foregoingBorrowers; provided, “that prior to any such disclosure, each such assignee, proposed assignee, participant or proposed participant shall agree with the Borrowers or such Lender to preserve the confidentiality of any confidential information” information relating to the Borrowers received from such Lender. The provisions of this Section 14.10(g) shall mean all not be applicable to any information respecting Borrower, Guarantor, SunLink, which (a) is or any of them, other than (i) information previously filed by Borrower, Guarantor or SunLink with any governmental authority and available becomes generally known to the public, and (iib) information previously published was already known to the Administrative Agent, the Collateral Agent, the Documentation Agent, the Syndication Agent or any Lender or was in any public medium from a source other than, directly or indirectly, Lender. Use of information by counsel in enforcement proceedings after Default shall not constitute a prohibited such Person's possession prior to the disclosure of such information under in connection with this sectionAgreement (including, without limitation, the underwriting or other evaluation of the transactions contemplated hereby prior to the Closing Date) unless such information is subject to any other confidentiality agreement by such Person in favor of the Company or any Subsidiary or Affiliates thereof or (c) was disclosed to an Agent or a Lender by a third party, the Company or any Subsidiary or Affiliate thereof not known to such Agent or Lender to be bound by a confidentiality agreement with any Borrower.

Disclosure of Information; Confidentiality. Lender agrees to hold any confidential information that it may receive from the Borrower, Guarantor or SunLink pursuant to this Loan Agreement in confidence, except for disclosure: (a) on a confidential basis to legal counsel, independent public accountants and other professional advisors of Lender; (b) to regulatory officials having jurisdiction over Lender; (c) as required by applicable law or legal process (provided that, in the event Lender is so required to disclose such confidential information, Lender shall promptly notify Borrower, so that Borrower, Guarantor or SunLink or any of them may seek a protective order or other appropriate remedy) or in connection with any legal proceeding between Lender and Borrower, Guarantor, SunLink or any of them; and (d) to another financial institution in connection with a disposition or proposed disposition to that financial institution of all or part of Lender’s interests hereunder or a participation interest in the Loan, provided that such disclosure is made subject to an appropriate confidentiality agreement on terms substantially similar to this Section. For purposes of the foregoing, “confidential information” shall mean all information respecting the Borrower, Guarantor, SunLink, or any of them, other than (i) information previously filed by the Borrower, Guarantor or SunLink with any governmental authority and available to the public, and (ii) information previously published in any public medium from a source other than, directly or indirectly, Lender. Use of information by counsel in enforcement proceedings after Default shall not constitute a prohibited disclosure of information under this section.