Common use of Access to Records; Confidentiality Clause in Contracts

Access to Records; Confidentiality. 5.4.1 During the period from the date of this Agreement to the Closing Date, Buyer and the Company shall each permit the other party and its respective representatives, agents and designees reasonable access to its properties and those of its subsidiaries, and shall disclose and make available to them all books, papers and records relating to the assets, stock, ownership, properties, operations, obligations and liabilities of it and its subsidiaries, including, but not limited to, all books of accounts (including the general ledger), tax records, minute books of directors' and stockholders' meetings, organizational documents, bylaws, material contracts and agreements, filings with any regulatory authority, accountants' work papers, litigation files, plans affecting employees, and any other business activities or prospects in which Buyer or the Company, as the case may be, may have an interest. 5.4.2 All information furnished by Buyer to the Company and by the Company to Buyer pursuant hereto shall be treated as the sole property of the party furnishing the information and, if the Stock Exchange shall not occur, the party receiving the information shall return to the party furnishing the information, all documents (in whatever form, including electronic) or other materials containing, reflecting or referring to such information, shall use its best efforts to keep confidential all such information, and shall not directly or indirectly use such information for any competitive or other commercial purpose. The obligation to keep such information confidential shall not apply to (i) any information which: (w) the party receiving the information can establish was already in its possession prior to the disclosure thereof by the party furnishing the information; (x) was then generally known to the public; (y) became known to the public through no fault of the party receiving the information; or (z) was disclosed to the party receiving the information by a third party not bound by an obligation of confidentiality or (ii) disclosures in accordance with an order of a court of competent jurisdictions.

Access to Records; Confidentiality. 5.4.1 During the period from the date of this Agreement to the Closing Date, Buyer and the Company shall each permit the other party and its respective representatives, agents and designees reasonable access to its properties and those of its subsidiaries, and shall disclose and make available to them all books, papers and records relating to the assets, stock, ownership, properties, operations, obligations and liabilities of it and its subsidiaries, including, but not limited to, all books of accounts (including the general ledger), tax records, minute books of directors' and stockholders' meetings, organizational documents, bylaws, material contracts and agreements, filings with any regulatory authority, accountants' work papers, litigation files, plans affecting employees, and any other business activities or prospects in which Buyer or the Company, as the case may be, may have an interest. 5.4.2 All information furnished by Buyer to the Company and by the Company to Buyer pursuant hereto shall be treated as the sole property of the party furnishing the information and, if the Stock Exchange exchange shall not occur, the party receiving the information shall return to the party furnishing the information, all documents (in whatever form, including electronic) or other materials containing, reflecting or referring to such information, shall use its best efforts to keep confidential all such information, and shall not directly or indirectly use such information for any competitive or other commercial purpose. The obligation to keep such information confidential shall not apply to (i) any information which: (w) the party receiving the information can establish was already in its possession prior to the disclosure thereof by the party furnishing the information; (x) was then generally known to the public; (y) became known to the public through no fault of the party receiving the information; information or (z) was disclosed to the party receiving the information by a third party not bound by an obligation of confidentiality or (ii) disclosures in accordance with an order of a court of competent jurisdictions.

Access to Records; Confidentiality. 5.4.1 9.0.1. During the period from the date of this Agreement to the Closing Date, Buyer Purchaser and the Company shall each permit the other party and its respective representatives, agents and designees reasonable access to its properties and those of its subsidiariessubsidiaries (if any), and shall disclose and make available to them all books, papers and records relating to the assets, stock, ownership, properties, operations, obligations and liabilities of it and an its subsidiariessubsidiaries (if any), including, but not limited to, all books of accounts (including the general ledger)accounts, tax records, minute books of directors' and stockholders' meetingsbooks, organizational documents, bylaws, material contracts and agreements, filings with any regulatory authorityfilings, accountants' accountants records and work papers, litigation files, business plans, plans affecting employees, and any other business activities or prospects in which Buyer with Purchaser or the Company, as the case may beapplicable, may have an interest. 5.4.2 9.0.2. All information furnished by Buyer Purchaser to the Company and by the Company to Buyer the Purchaser pursuant hereto shall be treated as the sole property of the furnishing party furnishing the information and, if the Stock Share Exchange shall not occur, the receiving party receiving the information shall return to the party furnishing the party, all information, all documents (in whatever form, form including electronic) or other materials containing, containing reflecting or referring to such information, shall use its best efforts to keep confidential all such information, and shall not directly or indirectly use such information for any competitive or other commercial purpose. The obligation to keep such information confidential shall not apply to (i) any information which: (w) the receiving party receiving the information can establish was already in its it possession prior to the disclosure thereof by the party furnishing the information; (x) party, that was then generally known to know in the public; (y) public domain, became known to the public through no fault of the party receiving the information; or (z) was disclosed to the receiving party receiving the information by a third party not bound by an obligation of confidentiality or (ii) disclosures in accordance with an order of a court of competent jurisdictionsjurisdiction.