Examples of MNPI in a sentence
The Credit Parties agree that by identifying such Borrower Materials as “PUBLIC” or publicly filing such Borrower Materials with the Commission, then Agent and the Lenders and the L/C Issuers shall be entitled to treat such Borrower Materials as not containing any MNPI for purposes of United States federal and state securities laws.
Until the earlier of (i) the appointment of an Information Agent and (ii) 90 days after the Closing Date, no Default or Event of Default shall be deemed to occur under Sections 6.01(e), (f) or (g) solely to the extent such Default or Event of Default results from the Company’s failure to provide information to the Holders or Information Agent that would, in its good faith and commercially reasonable determination, constitute MNPI.
Before distribution of Borrower Materials, the Credit Parties agree to execute and deliver to Agent a letter authorizing distribution of the evaluation materials to prospective Lenders and their employees willing to receive MNPI, and a separate letter authorizing distribution of evaluation materials that do not contain MNPI and represent that no MNPI is contained therein.
The Loan Parties further represent, warrant, acknowledge and agree that the following documents and materials shall be deemed to be “PUBLIC,” whether or not so marked, and do not contain any MNPI: (A) the Loan Documents, including the schedules and exhibits attached thereto, and (B) administrative materials of a customary nature prepared by the Loan Parties or any Agent (including, Notices of Borrowing).
Notwithstanding anything to the contrary in this Indenture or the other Transaction Documents, prior to the appointment of an Information Agent, the Company shall not provide any Company Materials (including any MNPI) to any Holders or the Information Agent.