Excepted Information. 4.3 The provisions of this Clause 4 shall not apply to information which:
Excepted Information. The provisions of this Section shall not preclude the parties or their respective subsidiaries, from using or disclosing information that is readily ascertainable from public information or trade sources, known by it before the commencement of discussions between the parties or subsequently developed by it or its subsidiaries independent of any investigation under this Plan of Merger, received from any other person who is not affiliated with a party and who is not under any obligation to keep such information confidential, or reasonably required to be included in any filing or application required by any governmental or regulatory agency.
Excepted Information. The provisions of this Clause 4 shall not apply to information which: (i) is known to and has been reduced to tangible form by the receiving party prior to its receipt provided that such information is not already subject to any obligations of confidentiality; or (ii) is in the public domain at the time of receipt or later becomes part of the public domain without breach of the confidentiality obligations in this Agreement; or
Excepted Information. Notwithstanding the foregoing, the parties agree that the Banker is free to use (a) information in the public domain not as a result of a breach of this Agreement, (b) information lawfully received form a third party who had the right to disclose such information and (c) the Banker’s own independent skill, knowledge, know-how and experience to whatever extent and in whatever way he wishes, in each case consistent with his obligations as the Banker and that, at all times, the Banker is free to conduct any research relating to the Client’s business.
Excepted Information. The provisions of this Section shall not preclude Old Kent or First Evergreen, or their respective subsidiaries, from using or disclosing information that is readily ascertainable from public information or trade sources, known by it before the commencement of discussions between the parties or subsequently developed by it or its subsidiaries independent of any investigation under this Plan of Merger, received from any other person who is not affiliated with a party and who is not under any obligation to keep such information confidential, or reasonably required to be included in any filing or application required by any governmental or regulatory agency.
Excepted Information. The provisions of this Section shall not preclude Old Kent or CFSB, or their respective sub- sidiaries, from using or disclosing information that is readily ascer- tainable from public information or trade sources, known by it before the commencement of discussions between the parties or subsequently developed by it or its subsidiaries independent of any investigation under this Plan of Merger, received from any other person who is not affiliated with a party and who is not under any obligation to keep such information confidential, or reasonably required to be included in any filing or application required by any governmental or regula- tory agency.
Excepted Information. The provisions of this Section shall not preclude Old Kent or Grand Premier, or their respective subsidiaries, from using or disclosing information that is readily ascertainable from public information or trade sources, known by it before the commencement of discussions between the parties or subsequently developed by it or its subsidiaries independent of any investigation under this Plan of Merger, received from any other person who is not affiliated with a party and who is not under any obligation to keep such information confidential, or reasonably required to be included in any filing or application required by any governmental or regulatory agency in connection with this Plan of Merger, provided that upon a reasonable request of a party demonstrating the need for confidentiality, all commercially reasonable efforts are made to obtain confidential treatment of such information from such governmental or regulatory agency.
Excepted Information. The provisions of this Clause 3 shall not apply to information which: (i) is known to and has been reduced to tangible form by the receiving party prior to its receipt provided that such information is not already subject to any obligations of confidentiality; or (ii) is in the public domain at the time of receipt or later becomes part of the public domain without breach of the confidentiality obligations in this Agreement; or (iii) is received from a third party without any breach of any obligation of confidentiality in respect of such information provided that such information is not subject to any continuing obligations of confidentiality.
Excepted Information. 4.1 The undertakings contained in clause 2 shall not apply to any Information in relation to which the Disclosee can prove by documentary evidence produced to the Discloser that that Information:
Excepted Information. Notwithstanding any other provisions of this Agreement, the obligations (including, without limitation, restrictions) set forth in this Agreement regarding Confidential Material do not apply to the following information (“Excepted Information”): information that (a) is or becomes generally available to the public other than as a result of a disclosure by a Xxxxxx Entity that is not permitted by this Agreement, (b) was lawfully within any Xxxxxx Entity’s possession prior to the information being furnished to such Xxxxxx Entity by or on behalf of the Debtors pursuant hereto, provided that the source of such information was not actually known by such Xxxxxx Entity to be bound by an agreement with or other contractual, legal or fiduciary obligation of confidentiality to the Debtors with respect to such information, (c) is or becomes available to any Xxxxxx Entity on a non-confidential basis from a source other than the Debtors or their representatives provided that such availability does not violate an agreement or other contractual, legal or fiduciary obligation of confidentiality, or (d) is or becomes available through any open records request (without giving effect to any required time periods to obtain such information), including, without limitation, through any federal or state open records request law such as the New Jersey Open Public Records Act.
