Chinese Wall. In acting as Agent, U.S. Swingline Agent or Arranger, the agency and syndications division of each of the Agent, the U.S. Swingline Agent and each Arranger shall be treated as a separate entity from its other divisions and departments. Any information acquired at any time by the Agent, the U.S. Swingline Agent or any Arranger otherwise than in the capacity of Agent, U.S. Swingline Agent or Arranger through its agency and syndications division (whether as financial advisor to any member of the Group or otherwise) may be treated as confidential by the Agent, U.S. Swingline Agent or Arranger and shall not be deemed to be information possessed by the Agent, U.S. Swingline Agent or Arranger in their capacity as such. Each Finance Party acknowledges that the Agent, the U.S. Swingline Agent and the Arrangers may, now or in the future, be in possession of, or provided with, information relating to the Obligors which has not or will not be provided to the other Finance Parties. Each Finance Party agrees that, except as expressly provided in this Agreement, none of the Agent, U.S. Swingline Agent or any Arranger will be under any obligation to provide, or under any liability for failure to provide, any such information to the other Finance Parties.
Chinese Wall. In acting as Agent, US Swingline Agent or Joint Lead Arranger, the agency and syndications division of each of the Agent, US Swingline Agent and Joint Lead Arrangers shall be treated as a separate entity from its other divisions and departments. Any information acquired at any time by the Agent, US Swingline Agent or any Joint Lead Arranger otherwise than in the capacity of Agent, US Swingline Agent or Joint Lead Arranger through its agency and syndications division (whether as financial advisor to any member of the Group or otherwise) may be treated as confidential by the Agent, US Swingline Agent or Joint Lead Arranger and shall not be deemed to be information possessed by the Agent, US Swingline Agent or Joint Lead Arranger in its capacity as such. Each Finance Party acknowledges that the Agent, US Swingline Agent and the Joint Lead Arrangers may, now or in the future, be in possession of, or provided with, information relating to the Obligors which has not or will not be provided to the other Finance Parties. Each Finance Party agrees that, except as expressly provided in this Agreement, neither the Agent, US Swingline Agent nor the Joint Lead Arrangers will be under any obligation to provide, or under any liability for failure to provide, any such information. 22.
Chinese Wall. Procedures ------------------------- The procedures attached hereto as Appendix II have been adopted to prevent misuse or misappropriation of information relating to the Funds' order flow through the F/X Desk. In no event shall any Xxxxxxx Xxxxx proprietary trading take place through the F/X Desk (other than trading of ML Institutional Partners L.P. which may be deemed "proprietary" to Xxxxxxx Xxxxx & Co., Inc. within the meaning of CFTC Reg. 1.3 (y)).
Chinese Wall. In acting as an Administrative Party, the agency and syndications division of each Administrative Party shall be treated as a separate entity from its other divisions and departments. Any information acquired at any time by an Administrative Party otherwise than in the capacity of an Administrative Party through its agency and syndications division (whether as financial advisor to any member of the Group or otherwise) may be treated as confidential by that Administrative Party and shall not be deemed to be information possessed by that Administrative Party in their capacity as such. Each Finance Party acknowledges that each Administrative Party may, now or in the future, be in possession of, or provided with, information relating to the Obligors which has not or will not be provided to the other Finance Parties. Each Finance Party agrees that, except as expressly provided in this Agreement no Administrative Party will be under any obligation to provide, or under any liability for failure to provide, any such information.
Chinese Wall. In acting as an Agent or as an Arranger, the agency and syndications division of each of an Agent and the Arrangers shall be treated as a separate entity from its other divisions and departments. Any information acquired at any time by an Agent, or any Arranger otherwise than in the capacity of Agent or Arranger through its agency and syndications division (whether as financial advisor to any member of the Group or otherwise) may be treated as confidential by that Agent or Arranger and shall not be deemed to be information possessed by that Agent or Arranger in their capacity as such. Each Finance Party acknowledges that an Agent and the Arrangers may, now or in the future, be in possession of, or provided with, information relating to the Group which has not or will not be provided to the other Finance Parties. Each Finance Party agrees that, except as expressly provided in this Agreement, neither any Agent nor any Arranger will be under any obligation to provide, or under any liability for failure to provide, any such information.
Chinese Wall. In acting as Agent for the Lenders, the Agent's syndication division (or such other division as may undertake such task) shall be treated as a separate entity from any other of its divisions or departments and, despite the provisions of this clause 23, if the Agent acts for or transacts business with any Group Company in any capacity in relation to any other matter (including as a Lender under this Agreement), any information given by any Group Company to the Agent in such other capacity may be treated as confidential by the Agent.
Chinese Wall a. ADMINISTRATOR and SDI agree that they and their Affiliates shall maintain procedures to ensure the confidentiality of potential transactions involving blocks of annuity contracts and life insurance policies with respect to which (a) COMMONWEALTH has contacted ADMINISTRATOR about a bid assistance assignment under Section 3.12(c) and (b) one or more of ADMINISTRATOR's Affiliates or other clients may have begun or determined to begin considering for acquisition themselves. Such procedures shall include but not be limited to: i. initiating a confidential process to select the appropriate team to work on the bid assistance assignment with appropriate management individuals; ii. assigning different members to a team slate for COMMONWEALTH and to team slate(s) for Affiliates or other clients; iii. obtaining individual confidentiality agreements from each person assigned to a team slate; iv. instructing each person to disclose information only to persons on the same team and to guard against inadvertent disclosure to persons who may be on other teams; v. ensuring that all information concerning the potential transaction is maintained in a confidential manner by ADMINISTRATOR; vi. taking appropriate corrective or disciplinary action for inadvertent or intentional breaches of confidentiality requirements; and vii. Submitting all pricing for the proposed transaction to a Pricing Committee for review and approval in conformance with ADMINISTRATOR'S established pricing policy. 52 <PAGE> b. Notwithstanding the generality of Section 14.8, ADMINISTRATOR and SDI agree that COMMONWEALTH may be irreparably and immediately harmed in the event of a breach of this Section 14.10, that money damages may not be a sufficient remedy therefore, and that COMMONWEALTH will be entitled to seek specific performance and injunctive relief as remedies for any such breach without proof of actual damages. ADMINISTRATOR and SDI agree not to oppose the granting of such relief, and to waive any requirement for the securing or posing of any bond in connection with such remedy. Such remedies shall not be deemed to be exclusive remedies for a breach of this Section 14.10 but shall be in addition to all other remedies available at law or equity.
Chinese Wall. In acting as Agent, Euro Swingline Agent or Arranger, the agency and syndications division of each of the Agent, the Euro Swingline Agent and each Arranger shall be treated as a separate entity from its other divisions and departments. Any information acquired at any time by the Agent, the Euro Swingline Agent or any Arranger otherwise than in the capacity of Agent, Euro Swingline Agent or Arranger through its agency and syndications division (whether as financial advisor to any member of the Group or otherwise) may be treated as confidential by the Agent, Euro Swingline Agent or Arranger and shall not be deemed to be information possessed by the Agent, Euro Swingline Agent or Arranger in their capacity as such. Each Finance Party acknowledges that the Agent, the Euro Swingline Agent and the Arrangers may, now or in the future, be in possession of, or provided with, information relating to the Obligors which has not or will not be provided to the other Finance Parties. Each Finance Party agrees that, except as expressly provided in this Agreement, none of the Agent, Euro Swingline Agent or any Arranger will be under any obligation to provide, or under any liability for failure to provide, any such information to the other Finance Parties.
Chinese Wall. In acting as Agent, U.S. Swingline Agent, euro Swingline Agent, Mandated Lead Arranger or Co-Arranger, the agency and syndications division of each of the Agent, the U.S. Swingline Agent, the euro Swingline Agent, the Mandated Lead Arrangers and the Co-Arrangers shall be treated as a separate entity from its other divisions and departments. Any information acquired at any time by the Agent, the U.S. Swingline Agent, the euro Swingline Agent, any Mandated Lead Arranger or any Co-Arranger otherwise than in the capacity of Agent, U.S. Swingline Agent, euro Swingline Agent, Mandated Lead Arranger or Co-Arranger through its agency and syndications division (whether as financial advisor to any member of the Group or otherwise) may be treated as confidential by the Agent, U.S. Swingline Agent, euro Swingline Agent, Mandated Lead Arranger or Co-Arranger and shall not be deemed to be information possessed by the Agent, U.S. Swingline Agent, euro Swingline Agent, Mandated Lead Arranger or Co-Arranger in their capacity as such. Each Finance Party acknowledges that the Agent, the U.S. Swingline Agent, the euro Swingline Agent, the Mandated Lead Arrangers and the Co-Arrangers may, now or in the future, be in possession of, or provided with, information relating to the Obligors which has not or will not be provided to the other Finance Parties. Each Finance Party agrees that, except as expressly provided in this Agreement, neither the Agent, U.S. Swingline Agent, euro Swingline Agent, any Mandated Lead Arranger nor any Co-Arranger will be under any obligation to provide, or under any liability for failure to provide, any such information.
Chinese Wall. In acting as Agent or a Mandated Arranger, the agency and syndications division of each of the Agent and each Mandated Arranger shall be treated as a separate entity from its other divisions and departments. Any information acquired at any time by the Agent or a Mandated Arranger otherwise than in the capacity of Agent or Mandated Arranger through its agency and syndications division (whether as financial advisor to any member of the Group or otherwise) may be treated as confidential by the Agent or that Mandated Arranger and shall not be deemed to be information possessed by the Agent or Mandated Arranger in its capacity as such. Each Finance Party acknowledges that the Agent and the Mandated Arrangers may, now or in the future, be in possession of, or provided with, information relating to the Obligors which has not or will not be provided to the other Finance Parties. Each Finance Party agrees that, except as expressly provided in this Agreement, neither the Agent nor either Mandated Arranger will be under any obligation to provide, or under any liability for failure to provide, any such information.
