Common use of Confidential Borrower Information Clause in Contracts

Confidential Borrower Information. Each party hereto (other than the Loan Parties) acknowledges that certain of the information provided to such party by or on behalf of the Loan Parties in connection with this Agreement and the transactions contemplated hereby is or may be confidential, and each such party severally agrees that, unless Lanixx xxxll otherwise agree in writing, and except as provided in subsection (b), such party will not disclose to any other person or entity: (i) any information regarding, or copies of, any nonpublic financial statements, reports, schedules and other information furnished by any Loan Party to any Lender, either Co-Agent or the Administrative Agent (A) prior to the date hereof in connection with such party's due diligence relating to the Loan Parties and the transactions contemplated hereby, or (B) pursuant to Section 3.1, 5.1, 6.1(i), 6.1(j), 7.1(c) or 7.2, or (ii) any other information regarding any Loan Party which is designated by any Loan Party to such party in writing as confidential, (the information referred to in clauses (i) and (ii) above, whether furnished by any Loan Party or any attorney for or other representative thereof (each a "Borrower Information Provider"), is collectively referred to as the "Borrower Information"); provided, however, "Borrower Information" shall not include any information which is or becomes generally available to the general public or to such party on a nonconfidential basis from a source other than any Borrower Information Provider, or which was known to such party on a nonconfidential basis prior to its disclosure by any Borrower Information Provider.

Appears in 1 contract

Samples: Credit and Security Agreement (Lanier Worldwide Inc)

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Confidential Borrower Information. Each party hereto (other than the Loan Parties) acknowledges that certain of the information provided to such party by or on behalf of the Loan Parties in connection with this Agreement and the transactions contemplated hereby is or may be confidential, and each such party severally agrees that, unless Lanixx xxxll Xxxxxx shall otherwise agree in writing, and except as provided in subsection (b), such party will not disclose to any other person or entity: (i) any information regarding, or copies of, any nonpublic financial statements, reports, schedules and other information furnished by any Loan Party to any Lender, either Co-Agent the Lender or the Administrative Agent Administrator (A) prior to the date hereof in connection with such party's ’s due diligence relating to the Loan Parties and the transactions contemplated hereby, or (B) pursuant to Section 3.1, 5.1, 6.1(i), 6.1(j), 7.1(c) or 7.2, or (ii) any other information regarding any Loan Party which is designated by any Loan Party to such party in writing as confidential, confidential (the information referred to in clauses (i) and (ii) above, whether furnished by any Loan Party or any attorney for or other representative thereof (each a "Borrower Information Provider"), is collectively referred to as the "Borrower Information"); provided, however, "Borrower 51 Information" shall not include any information which is or becomes generally available to the general public or to such party on a nonconfidential basis from a source other than any Borrower Information Provider, or which was known to such party on a nonconfidential basis prior to its disclosure by any Borrower Information Provider.

Appears in 1 contract

Samples: Credit and Security Agreement (Lanier Worldwide Inc)

Confidential Borrower Information. Each party hereto (other than the Loan Parties) acknowledges that certain of the information provided to such party by or on behalf of the Loan Parties in connection with this Agreement and the transactions contemplated hereby is or may be confidential, and each such party severally agrees that, unless Lanixx xxxll INTERIM SERVICES shall otherwise agree in writing, and except as provided in subsection SUBSECTION (b), such party will not disclose to any other person or entity: (i) any information regarding, or copies of, any nonpublic financial statements, reports, schedules and other information furnished by any Loan Party to any Lender, either the Co-Agent or Agents and the Administrative Agent Lenders (A) prior to the date hereof in connection with such party's due diligence relating to the Loan Parties and the transactions contemplated hereby, or (B) pursuant to Section SECTION 3.1, 5.1, 6.1(i), 6.1(j6.1(m), 7.1(c) or 7.2, or (ii) any other information regarding any Loan Party which is designated by any Loan Party to such party in writing as confidential, confidential (the information referred to in clauses CLAUSES (i) and AND (ii) above, whether furnished by any Loan Party or any attorney for or other representative thereof (each each, a "Borrower Information ProviderBORROWER INFORMATION PROVIDER"), is collectively referred to as the "Borrower InformationBORROWER INFORMATION"); providedPROVIDED, howeverHOWEVER, "Borrower InformationBORROWER INFORMATION" shall not include any information which is or becomes generally available to the general public or to such party on a nonconfidential basis from a source other than any Borrower Information Provider, or which was known to such party on a nonconfidential basis prior to its disclosure by any Borrower Information Provider.the

Appears in 1 contract

Samples: Credit and Security Agreement (Interim Services Inc)

Confidential Borrower Information. Each party hereto (other than the Loan PartiesBorrower) acknowledges that certain of the information provided to such party by or on behalf of the Loan Borrower Parties in connection with this Agreement and the transactions contemplated hereby is or may be confidential, and each such party severally agrees that, unless Lanixx xxxll the Borrower and the Servicer shall otherwise agree in writing, and except as provided in subsection (b), such party will not disclose to any other person or entity: (i) any information regarding, or copies of, any nonpublic non-public financial statements, reports, schedules reports and other information furnished by any Loan Borrower Party to any the Lender, either Co-the Parallel Lenders, the Administrative Agent, the Bank Agent or the Administrative Collateral Agent (A) prior to the date hereof in connection with such party's due diligence relating to the Loan Parties and the transactions contemplated hereby, or (B) pursuant to Section 3.1, 5.1, 6.1(i), 6.1(j), 7.1(c) or 7.2hereto, or (ii) any other information regarding any Loan Borrower Party which is designated by any Loan Party the Borrower or the Servicer to such party in writing or otherwise as confidential, confidential (the information referred to in clauses (i) and (ii) above, whether furnished by any Loan Borrower Party or any attorney for or other representative thereof (each a "of such Borrower Information Provider")Party, is collectively referred to as the "Borrower Information"); provided, however, "Borrower Information" shall not include any information which is or becomes generally available to the general public or to such party on a nonconfidential basis from a source other than any Borrower Information ProviderParty or its representative, or which was known to such party on a nonconfidential basis prior to its disclosure by any Borrower Information ProviderParty or its representative.

Appears in 1 contract

Samples: Warehouse Loan and Security Agreement (Financial Pacific Co)

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Confidential Borrower Information. Each party hereto (other than the Loan Parties) acknowledges that certain of the information provided to such party by or on behalf of the Loan Parties in connection with this Agreement and the transactions contemplated hereby is or may be confidential, and each such party severally agrees that, unless Lanixx xxxll PCC shall otherwise agree in writing, and except as provided in subsection (b), such party will not disclose to any other person or entity: (i) any information regarding, or copies of, any nonpublic financial statements, reports, schedules and other information furnished by any Loan Party to any Lender, either Co-the Agent or the Administrative Agent Lenders (A) prior to the date hereof in connection with such party's due diligence relating to the Loan Parties and the transactions contemplated hereby, or (B) pursuant to Section 3.1, 5.1, 6.1(i), 6.1(j6.1(m), 7.1(c) or 7.2, or (ii) any other information regarding any Loan Party which is designated by any Loan Party to such party in writing as confidential, confidential (the information referred to in clauses (i) and (ii) above, whether furnished by any Loan Party or any attorney for or other representative thereof (each each, a "Borrower Information Provider"), is collectively referred to as the "Borrower Information"); provided, however, "Borrower Information" shall not include any information which is or becomes generally available to the general public or to such party on a nonconfidential basis from a source other than any Borrower Information Provider, or which was known to such party on a nonconfidential basis prior to its disclosure by any Borrower Information Provider.

Appears in 1 contract

Samples: Credit and Security Agreement (Precision Castparts Corp)

Confidential Borrower Information. Each party hereto (other than the Loan PartiesBorrower) acknowledges that certain of the information provided to such party by or on behalf of the Loan Parties Borrower in connection with this Agreement and the transactions contemplated hereby is or may be confidential, and each such party severally agrees that, unless Lanixx xxxll Performance Guarantor shall otherwise agree in writing, and except as provided in subsection (b), such party will not disclose to any other person or entity: (i) entity any information regarding, or copies of, any nonpublic financial statements, reports, schedules and other information furnished by any Loan Party to any Lender, either Co-Agent or the Administrative Agent (A) prior to the date hereof in connection with such party's due diligence relating to the Loan Parties and the transactions contemplated hereby, or (B) pursuant to Section 3.1, 5.1, 6.1(i), 6.1(j), 7.1(c) or 7.2, or (ii) any other information regarding any Loan Party which is designated by any Loan Party to such party in writing as confidential, (the information referred to in clauses (i) and (ii) above, whether furnished by any Loan Party or any attorney for or other representative thereof (each each, a "Borrower Information ProviderBORROWER INFORMATION PROVIDER"), is collectively referred to as the "Borrower InformationBORROWER INFORMATION"); providedPROVIDED, howeverHOWEVER, "Borrower InformationBORROWER INFORMATION" shall not include any information which is or becomes generally available to the general public or to such party on a nonconfidential basis from a source other than any Borrower Information Provider, or which was known to such party on a nonconfidential basis prior to its disclosure by any Borrower Information Provider.

Appears in 1 contract

Samples: Credit and Security Agreement (Packaging Corp of America)

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