Confidential Material. Confidential Material, and any and all informa tion contained therein, may be given, shown, made available or communicated only to the following: (a) the Debtor and any professionals retained by the Debtor, or other industry advisors, financial advisors, accounting advisors, experts and consultants (and their respective staff) that are retained by the Debtor in connection with the Case; (b) with respect to information produced to a Receiving Party, counsel (and staff working under the express direction of counsel) to that Receiving Party; (c) counsel to the Committee; (d) any professionals retained by the Committee under 11 U.S.C. § 328, or other industry advisors, financial advisors, accounting advisors, experts and consultants (and their respective staff) that are retained by the Committe e in connection with the Case—in each case only after he/she or such entity has signed a Declaration in the form provided as Exhibit A hereto; (e) experts and other financial advisors to the Receiving Party—in each case, only as necessary to assist the Receiving Party with respect to the Case and only after he/she or such entity has signed a Declaration in the form provided as Exhibit A hereto; (f) the Committee, and members of the Committee (including the member’s attorneys, financial consultants, outside auditors, investment committe e members, other professionals, members, partners, directors, officers, employees or agents who need to know such information for purposes of the Debtor’s Case or for the purpose of rendering advice and guidance to the member or as required in order to discharge the responsibilities of the member’s institution as a member of the Committee (and with respect to MUFG Bank, Ltd., in its capacity as a Committee member, business line affiliates of MUFG Bank, Ltd.) (collectively, the “Committee Parties”)); (g) the U.S. Trustee, after the U.S. Trustee has signed a Declaration in the form provided as Exhibit A hereto; (h) deposition, hearing or trial witnesses in connection with the Debtor’s Case, provided that such witnesses have been provided with a copy of this Order and informed that the Confidential Information must be treated in accordance with its terms; (i) upon written notice to and with the prior, written consent of the Producing Party, any other persons or entities (whether or not otherwise Parties) who become bound by this Order by signifying their assent through execution of Exhibit A hereto, in each case, only as necessary to assist with or make decisions with respect to the Case, and only after he/she or such entity has signed a Declaration in the form provided as Exhibit A hereto (for the avoidance of doubt, in the event the Producing Party does not provide such consent, such persons or entities may move the Court to order the Producing Party to provide them with access to the Confidential Material, and the Producing Party reserves all rights to oppose any such request); (j) non-professional support personnel providing general secretarial services (such as word processing and printing) to and working under the supervision and direction of any natural person bound by this Order—in each case, only as necessary to assist such natural person with respect to the Case; (k) court reporters, stenographers, or videographers who record deposition or other testimony in this Case; and (l) any other persons specified in Paragraph 14 below.
Appears in 2 contracts
Samples: Confidentiality Agreement, Confidentiality Agreement
Confidential Material. Confidential Material, and any and all informa tion information contained therein, may be given, shown, made available or communicated only to the following:
a. outside counsel for the Parties and regular or temporary employees and service vendors of such counsel (aincluding outside copying and litigation support services), in each case only as necessary to assist with or make decisions with respect to the Cases;
b. the Parties (including, in the case of the Committee, its individual members) and their members, managers, partners, directors, officers, employees, and agents, in each case only as necessary to assist with or make decisions with respect to the Debtor and any Cases;
c. professionals retained by the Debtorunder 11 U.S.C. §§ 328 and 1103, or other professionals, industry advisors, financial advisors, accounting advisors, experts and consultants (and their respective staff) that are retained by the Debtor Parties in connection with the Case;
(b) with respect to information produced to a Receiving PartyCases, counsel (and staff working under the express direction of counsel) to that Receiving Party;
(c) counsel to the Committee;
(d) any professionals retained by the Committee under 11 U.S.C. § 328, or other industry advisors, financial advisors, accounting advisors, experts and consultants (and their respective staff) that are retained by the Committe e in connection with the Case—in each case only after he/she as necessary to assist with or make decisions with respect to the Cases, who become bound by this Order by signifying their assent through execution of Exhibit A hereto;
d. any person who is indicated on the face of a document (including, in the case of electronically stored information, in the metadata) to have been an author, addressee or copy recipient thereof, an actual or intended recipient thereof, or in the case of meeting minutes, an attendee of the meeting;
e. witnesses, noticed or subpoenaed, either at a deposition, at a Rule 2004 examination, or in court proceedings, and the witness’s counsel, only to the extent that such entity disclosure is reasonably necessary for the proceedings or the resolution of the Disputes, provided that the witness has signed or agreed on the record to sign a Declaration in the form provided as Exhibit A hereto;
(e) experts and other financial advisors to the Receiving Party—in each casef. court reporters, only as necessary to assist the Receiving Party with respect to the Case and only after he/she stenographers, or such entity has signed a Declaration in the form provided as Exhibit A hereto;
(f) the Committee, and members of the Committee (including the member’s attorneys, financial consultants, outside auditors, investment committe e members, other professionals, members, partners, directors, officers, employees or agents videographers who need to know such information for purposes of the Debtor’s Case or for the purpose of rendering advice and guidance to the member or as required in order to discharge the responsibilities of the member’s institution as a member of the Committee (and with respect to MUFG Bank, Ltd., in its capacity as a Committee member, business line affiliates of MUFG Bank, Ltd.) (collectively, the “Committee Parties”));
(g) the U.S. Trustee, after the U.S. Trustee has signed a Declaration in the form provided as Exhibit A hereto;
(h) deposition, hearing or trial witnesses record testimony in connection with the Debtor’s Case, provided that such witnesses have been provided with a copy of this Order and informed that the Confidential Information must be treated in accordance with its termsCases;
(i) upon written notice to g. the Court, its officers and with clerical staff in any judicial proceeding that may result from the prior, written consent of Cases;
h. the Producing Party, U.S. Trustee;
i. any other persons or entities (whether or not otherwise Parties) who become bound by this Order by signifying their assent through execution of Exhibit A hereto, including their respective members, managers, partners, directors, officers, employees, and agents—in each case, only as necessary to assist with or make decisions with respect to the CaseCases, and only after he/she or such entity has signed a Declaration in the form provided as Exhibit A hereto (for the avoidance of doubt, in the event hereto; and
j. any other person or entity with respect to whom the Producing Party does not provide such consent, such persons or entities may move the Court to order the Producing Party to provide them with access to the Confidential Material, and the Producing Party reserves all rights to oppose any such request);
(j) non-professional support personnel providing general secretarial services (such as word processing and printing) to and working under the supervision and direction of any natural person bound by this Order—consent in each case, only as necessary to assist such natural person with respect to the Case;
(k) court reporters, stenographers, or videographers who record deposition or other testimony in this Case; and
(l) any other persons specified in Paragraph 14 belowwriting.
Appears in 1 contract
Samples: Confidentiality Agreement
Confidential Material. Confidential Material, and any and all informa tion information contained therein, may be given, shown, made available or communicated only to the following:
(a) counsel for the Debtor Parties in the Disputes and any professionals retained by regular or temporary employees and service vendors of such counsel (including outside copying and litigation support services), in each case only as necessary to assist with or make decisions with respect to the DebtorDisputes;
(b) the Parties and the directors, officers, and employees of the Parties who are assisting counsel in the Disputes, in each case only as necessary to assist with or other make decisions with respect to the Disputes;
(c) professionals, industry advisors, financial advisors, accounting advisors, experts and consultants (and their respective staff) that are retained by the Debtor signatories to this Order in connection with the Case;
(b) with respect to information produced to a Receiving PartyDisputes, counsel (and staff working under the express direction of counsel) to that Receiving Party;
(c) counsel to the Committee;
(d) any professionals retained by the Committee under 11 U.S.C. § 328, or other industry advisors, financial advisors, accounting advisors, experts and consultants (and their respective staff) that are retained by the Committe e in connection with the Case—in each case only after he/she or such entity has signed a Declaration in the form provided as Exhibit A hereto;
(e) experts and other financial advisors to the Receiving Party—in each case, only as necessary to assist the Receiving Party with respect to the Case and only after he/she or such entity has signed a Declaration in the form provided as Exhibit A hereto;
(f) the Committee, and members of the Committee (including the member’s attorneys, financial consultants, outside auditors, investment committe e members, other professionals, members, partners, directors, officers, employees or agents who need to know such information for purposes of the Debtor’s Case or for the purpose of rendering advice and guidance to the member or as required in order to discharge the responsibilities of the member’s institution as a member of the Committee (and with respect to MUFG Bank, Ltd., in its capacity as a Committee member, business line affiliates of MUFG Bank, Ltd.) (collectively, the “Committee Parties”));
(g) the U.S. Trustee, after the U.S. Trustee has signed a Declaration in the form provided as Exhibit A hereto;
(h) deposition, hearing or trial witnesses in connection with the Debtor’s Case, provided that such witnesses have been provided with a copy of this Order and informed that the Confidential Information must be treated in accordance with its terms;
(i) upon written notice to and with the prior, written consent of the Producing Party, any other persons or entities (whether or not otherwise Parties) who become bound by this Order by signifying their assent through execution of Exhibit A hereto, in each case, only as necessary to assist with or make decisions with respect to the CaseDisputes, and only after he/she provided such individuals or such entity has signed entities are provided a Declaration copy of this Order and confirm in writing that they will be bound thereby;
(d) any person who is indicated on the face of a document to have been an author, addressee or copy recipient thereof, an actual or intended recipient thereof, or in the form provided as Exhibit A hereto case of meeting minutes, an attendee of the meeting;
(for the avoidance of doubte) witnesses, noticed or subpoenaed, either at a deposition, through other Discovery Requests, or in the event the Producing Party does not provide such consent, such persons or entities may move the Court to order the Producing Party to provide them with access to the Confidential Materialcourt proceedings, and the Producing Party reserves all rights witness’s counsel, to oppose any the extent that such request)disclosure is reasonably necessary for the proceedings or the resolution of the Disputes, provided that the witness is provided a copy of this Order and confirms in writing that they will be bound thereby. Those witnesses or deponents who are shown Confidential Material shall not be allowed to retain copies unless such witness or deponent is a professional as set forth in Paragraph 9(c) of this Order;
(j) non-professional support personnel providing general secretarial services (such as word processing and printing) to and working under the supervision and direction of any natural person bound by this Order—in each case, only as necessary to assist such natural person with respect to the Case;
(kf) court reporters, stenographers, or videographers who record deposition or other testimony in this Caseconnection with the Disputes; and
(lg) the Court, its officers and clerical staff in any other persons specified in Paragraph 14 belowjudicial proceeding that may result from the Disputes.
Appears in 1 contract
Samples: Stipulated Confidentiality Agreement and Protective Order
Confidential Material. Confidential Material, and any and all informa tion information contained therein, may be given, shown, made available or communicated only to the following:
(a) the Debtor and any professionals retained by the Debtor, or other industry advisors, financial advisors, accounting advisors, experts and consultants (and their respective staff) that are retained by the Debtor in connection with the Case;
(b) with respect to information produced to a Receiving Party, counsel (and staff working under the express direction of counsel) to that Receiving Party;
(c) counsel to the Committee;
(d) any professionals retained by the Committee under 11 U.S.C. § 328, or other industry advisors, financial advisors, accounting advisors, experts and consultants (and their respective staff) that are retained by the Committe e Committee in connection with the Case—in each case only after he/she or such entity has signed a Declaration in the form provided as Exhibit A hereto;
(e) experts and other financial advisors to the Receiving Party—in each case, only as necessary to assist the Receiving Party with respect to the Case and only after he/she or such entity has signed a Declaration in the form provided as Exhibit A hereto;
(f) the Committee, and members of the Committee (including the member’s attorneys, financial consultants, outside auditors, investment committe e committee members, other professionals, members, partners, directors, officers, employees or agents who need to know such information for purposes of the Debtor’s Case or for the purpose of rendering advice and guidance to the member or as required in order to discharge the responsibilities of the member’s institution as a member of the Committee (and with respect to MUFG Bank, Ltd., in its capacity as a Committee member, business line affiliates of MUFG Bank, Ltd.) (collectively, the “Committee Parties”));
(g) the U.S. Trustee, after the U.S. Trustee has signed a Declaration in the form provided as Exhibit A hereto;
(h) deposition, hearing or trial witnesses in connection with the Debtor’s Case, provided that such witnesses have been provided with a copy of this Order and informed that the Confidential Information must be treated in accordance with its terms;
(i) upon written notice to and with the prior, written consent of the Producing Party, any other persons or entities (whether or not otherwise Parties) who become bound by this Order by signifying their assent through execution of Exhibit A hereto, in each case, only as necessary to assist with or make decisions with respect to the Case, and only after he/she or such entity has signed a Declaration in the form provided as Exhibit A hereto (for the avoidance of doubt, in the event the Producing Party does not provide such consent, such persons or entities may move the Court to order the Producing Party to provide them with access to the Confidential Material, and the Producing Party reserves all rights to oppose any such request);
(j) non-professional support personnel providing general secretarial services (such as word processing and printing) to and working under the supervision and direction of any natural person bound by this Order—in each case, only as necessary to assist such natural person with respect to the Case;
(k) court reporters, stenographers, or videographers who record deposition or other testimony in this Case; and
(l) any other persons specified in Paragraph 14 below.
Appears in 1 contract
Samples: Confidentiality Agreement and Stipulated Protective Order
Confidential Material. Confidential Material, and any and all informa tion information contained therein, may be given, shown, made available or communicated only to the following:
(a) Counsel to the Debtor and any professionals retained by the Debtor, or other industry advisors, financial advisors, accounting advisors, experts and consultants (and their respective staff) that are retained by the Debtor in connection with the CaseReceiving Party;
(b) with respect to information produced to a Receiving Party, counsel (and staff working under the express direction of counsel) to that Receiving Party;
(c) counsel Counsel to the Committee;
(dc) any professionals retained by the Committee under 11 U.S.C. § 328, or other industry advisors, financial advisors, accounting advisors, experts and consultants (and their respective staff) that are retained by the Committe e Committee in connection with the CaseCases—in each case case, only as necessary to assist with respect to the Cases and only after he/she or such entity has signed a Declaration in the form provided as Exhibit A hereto;
(ed) experts and other financial advisors to the Receiving Party—in each case, only as necessary to assist the Receiving Party with respect to the Case Cases and only after he/she or such entity has signed a Declaration in the form provided as Exhibit A hereto;
(e) upon written notice to and with the prior, written consent of the Producing Party, any Party to this Protective Order other than the Committee, to the extent the disclosure is necessary to assist with or make decisions with respect to the Cases;
(f) the Committee, Committee and members of the Committee (including the member’s attorneys, financial consultants, outside auditors, investment committe e members, other professionals, membersrespective managers, partners, directors, officers, employees or officers and agents who need to know such information for purposes of any individual members of the Debtor’s Case or for the purpose of rendering advice Committee) and guidance to the member or as required in order to discharge the responsibilities of the member’s institution as a member of the Committee (their respective counsel and with respect to MUFG Bank, Ltd., in its capacity as a Committee member, business line affiliates of MUFG Bank, Ltd.) advisors (collectively, the “Committee Parties”Parties”)- in each case, only as necessary to assist with or make decisions with respect to the Cases; provided that with respect to documents produced by Xxxxx only, counsel to the Committee will request that such documents can be shared with the Committee Parties and Xxxxx will respond in writing within two (2) business days (which shall be reasonably extended with the consent of Committee counsel, such consent not to be unreasonably withheld, to the extent necessary relative to the volume of such request). If there is a dispute between Committee counsel and Hemen as to whether such information may be shared with the Committee Parties (or a particular Committee member), the matter shall be resolved by the Bankruptcy Court and the Committee and Hemen consent to the hearing of such dispute on shortened notice;
(g) the U.S. Trustee, after the U.S. Trustee has signed a Declaration in the form provided as Exhibit A hereto;
(h) deposition, hearing or trial witnesses in connection with the Debtor’s CaseDebtors’ chapter 11 cases, provided that such witnesses have been provided with a copy of this Order and informed that the Confidential Information must be treated in accordance with its terms;
(i) upon written notice to and with the prior, written consent of the Producing Party, any other persons or entities (whether or not otherwise Parties) who become bound by this Order by signifying their assent through execution of Exhibit A hereto, including their respective managers, partners, directors, officers, and agents—in each case, only as necessary to assist with or make decisions with respect to the CaseCases, and only after he/she or such entity has signed a Declaration in the form provided as Exhibit A hereto (for the avoidance of doubt, in the event the Producing Party does not provide such consent, such persons or entities may move the Court to order the Producing Party to provide them with access to the Confidential Material, and the Producing Party reserves all rights to oppose any such request);
(j) non-professional support personnel providing general secretarial services (such as word processing and printing) to and working under the supervision and direction of any natural person bound by this Order—in each case, only as necessary to assist such natural person with respect to the Case;
(k) court reporters, stenographers, or videographers who record deposition or other testimony in this CaseCases; and
(lk) any other persons specified in Paragraph 14 below.
Appears in 1 contract
Samples: Confidentiality Agreement and Proposed Stipulated Protective Order
Confidential Material. Confidential Material, and any and all informa tion information contained therein, may be given, shown, made available or communicated only to the following:
(a) counsel to the Debtor and any professionals retained by the Debtor, or other industry advisors, financial advisors, accounting advisors, experts and consultants (and their respective staff) that are retained by the Debtor in connection with the Case;
(b) with respect to information produced to a Receiving Party, counsel (and staff working under the express direction of counsel) to that Receiving Party;
(cb) counsel to the Committee;
(dc) any professionals professionals, other than counsel, retained by the Committee under 11 U.S.C. § 328, or other industry advisors, financial advisors, accounting advisors, experts and consultants (and their respective staff) that are retained by the Committe e Committee in connection with the CaseCases—in each case case, only as necessary to assist with respect to the Cases and only after he/she or such entity has signed a Declaration in the form provided as Exhibit A hereto;
(ed) experts and other financial advisors to the Receiving Party—in each case, only as necessary to assist the Receiving Party with respect to the Case Cases and only after he/she or such entity has signed a Declaration in the form provided as Exhibit A hereto;
(e) upon written notice to and with the prior, written consent of the Producing Party, any Party to this Protective Order other than the Committee, to the extent the disclosure is necessary to assist with or make decisions with respect to the Cases;
(f) the Committee, Committee and members of the Committee (including the member’s attorneys, financial consultants, outside auditors, investment committe e members, other professionals, membersrespective managers, partners, directors, officers, employees or officers and agents who need to know such information for purposes of any individual members of the Debtor’s Case or for the purpose of rendering advice Committee) and guidance to the member or as required in order to discharge the responsibilities of the member’s institution as a member of the Committee (their respective counsel and with respect to MUFG Bank, Ltd., in its capacity as a Committee member, business line affiliates of MUFG Bank, Ltd.) advisors (collectively, the “Committee Parties”))Parties”)—in each case, only as necessary to assist with or make decisions with respect to the Cases;
(g) the U.S. Trustee, after the U.S. Trustee has signed a Declaration in the form provided as Exhibit A hereto;
(h) deposition, hearing or trial witnesses in connection with the Debtor’s CaseDebtors’ chapter 11 cases, provided that such witnesses have been provided with a copy of this Order and informed that the Confidential Information Material must be treated in accordance with its terms;
(i) upon written notice to and with the prior, written consent of the Producing Party, any other persons or entities (whether or not otherwise Parties) who become bound by this Order by signifying their assent through execution of Exhibit A hereto, including their respective managers, partners, directors, officers, and agents—in each case, only as necessary to assist with or make decisions with respect to the CaseCases, and only after he/she or such entity has signed a Declaration in the form provided as Exhibit A hereto (for the avoidance of doubt, in the event the Producing Party does not provide such consent, such persons or entities may move the Court to order the Producing Party to provide them with access to the Confidential Material, and the Producing Party reserves all rights to oppose any such request);
(j) non-professional support personnel providing general secretarial services (such as word processing and printing) to and working under the supervision and direction of any natural person bound by this Order—in each case, only as necessary to assist such natural person with respect to the CaseCases;
(k) court reporters, stenographers, or videographers who record deposition or other testimony in this Casethese chapter 11 cases; and
(l) any other persons specified in Paragraph 14 below.
Appears in 1 contract
Samples: Stipulated Confidentiality Agreement and Protective Order
Confidential Material. Confidential Material, and any and all informa tion information contained therein, may be given, shown, made available or communicated only to the following:
(a) outside counsel for the Debtor Parties in the Cases and any professionals retained by regular or temporary employees and service vendors of such counsel (including outside copying and litigation support services), in each case only as necessary to assist with or make decisions with respect to the Debtor, or other industry advisors, financial advisors, accounting advisors, experts and consultants (and their respective staff) that are retained by the Debtor in connection with the CaseCases;
(b) the Parties in the Cases and the directors, officers, and employees of the Parties who are assisting counsel in the Cases, in each case only as necessary to assist with or make decisions with respect to information produced to a Receiving Party, counsel (and staff working under the express direction of counsel) to that Receiving PartyCases;
(c) counsel any person who is indicated on the face of a document to have been an author, addressee or copy recipient thereof, an actual or intended recipient thereof, or in the Committeecase of meeting minutes, an attendee of the meeting;
(d) any professionals retained by the Committee under 11 U.S.C. § 328witnesses, noticed or subpoenaed, either at a deposition, through other Discovery Requests, or other industry advisorsin court proceedings, financial advisorsand the witness’s counsel, accounting advisorsto the extent that such disclosure is reasonably necessary for the proceedings or the resolution of the Disputes, experts and consultants (and their respective staff) provided that are retained by the Committe e in connection with the Case—in each case only after he/she or such entity witness has signed or agreed on the record to sign a Declaration in the form provided as Exhibit A hereto. Those witnesses or deponents who are shown Confidential Material shall not be allowed to retain copies;
(e) experts and other financial advisors to the Receiving Party—in each case, only as necessary to assist the Receiving Party with respect to the Case and only after he/she or such entity has signed a Declaration in the form provided as Exhibit A hereto;
(f) the Committee, and members of the Committee (including the member’s attorneys, financial consultants, outside auditors, investment committe e members, other professionals, members, partners, directors, officers, employees or agents who need to know such information for purposes of the Debtor’s Case or for the purpose of rendering advice and guidance to the member or as required in order to discharge the responsibilities of the member’s institution as a member of the Committee (and with respect to MUFG Bank, Ltd., in its capacity as a Committee member, business line affiliates of MUFG Bank, Ltd.) (collectively, the “Committee Parties”));
(g) the U.S. Trustee, after the U.S. Trustee has signed a Declaration in the form provided as Exhibit A hereto;
(h) deposition, hearing or trial witnesses in connection with the Debtor’s Case, provided that such witnesses have been provided with a copy of this Order and informed that the Confidential Information must be treated in accordance with its terms;
(i) upon written notice to and with the prior, written consent of the Producing PartyParty (which shall not be unreasonably withheld), any other persons or entities (whether or not otherwise Parties) who become bound by this Order by signifying their assent through execution of Exhibit A hereto, including their respective managers, partners, directors, officers, and agents—in each case, only as necessary to assist with or make decisions with respect to the CaseCases, and only after he/she or such entity has signed a Declaration in the form provided as Exhibit A hereto (for the avoidance of doubt, in the event the Producing Party does not provide such consent, such persons or entities may move the Court to order the Producing Party to provide them with access to the Confidential Material, and the Producing Party reserves all rights to oppose any such request);
(j) non-professional support personnel providing general secretarial services (such as word processing and printing) to and working under the supervision and direction of any natural person bound by this Order—in each case, only as necessary to assist such natural person with respect to the Case;
(k) court reporters, stenographers, or videographers who record deposition or other testimony in this Casehereto; and
(lf) any other additional persons specified in Paragraph 14 12 below.
Appears in 1 contract
Samples: Stipulated Confidentiality Agreement and Protective Order
Confidential Material. Confidential Material, and any and all informa tion information contained therein, may be given, shown, made available or communicated only to the following:
(a) the Debtor and any professionals retained by the Debtor, or other industry advisors, financial advisors, accounting advisors, experts and consultants Parties (and including their respective staff) that are retained by the Debtor in connection with the Case;
(b) with respect to information produced to a Receiving Party, counsel (and staff working under the express direction of counsel) to that Receiving Party;
(c) counsel to the Committee;
(d) any professionals retained by the Committee under 11 U.S.C. § 328, or other industry advisors, financial advisors, accounting advisors, experts and consultants (and their respective staff) that are retained by the Committe e in connection with the Case—in each case only after he/she or such entity has signed a Declaration in the form provided as Exhibit A hereto;
(e) experts and other financial advisors to the Receiving Party—in each case, only as necessary to assist the Receiving Party with respect to the Case and only after he/she or such entity has signed a Declaration in the form provided as Exhibit A hereto;
(f) the Committee, and members of the Committee (including the member’s attorneys, financial consultants, outside auditors, investment committe e members, other professionals, membersmanagers, partners, directors, officers, employees or agents who need to know such information for purposes of the Debtor’s Case or for the purpose of rendering advice employees, counsel, and guidance to the member or as required in order to discharge the responsibilities of the member’s institution as a member of the Committee (and with respect to MUFG Bank, Ltd., in its capacity as a Committee member, business line affiliates of MUFG Bank, Ltd.) (collectively, the “Committee Parties”agents));
(g) the U.S. Trustee, after the U.S. Trustee has signed a Declaration in the form provided as Exhibit A hereto;
(h) deposition, hearing or trial witnesses in connection with the Debtor’s Case, provided that such witnesses have been provided with a copy of this Order and informed that the Confidential Information must be treated in accordance with its terms;
(i) upon written notice to and with the prior, written consent of the Producing Party, any other persons or entities (whether or not otherwise Parties) who become bound by this Order by signifying their assent through execution of Exhibit A hereto, in each case, only as necessary to assist with or make decisions with respect to the CaseCases;
(b) financial advisors to the Parties—in each case, and only after he/she or such entity it has signed a Declaration in the form provided as Exhibit A hereto hereto;
(c) the U.S. Trustee;
(d) witnesses being questioned, either at a deposition or in court proceedings, and the witness’s counsel, to the extent that such disclosure is reasonably necessary for the avoidance proceedings or the resolution of doubtthe Disputes, provided that the witness has signed or agreed on the record to sign a Declaration in the event form provided as Exhibit A hereto;
(e) upon written notice to and with the consent of the Producing Party does (which shall not provide such consentbe unreasonably withheld), such any other persons or entities may move the Court who become bound by this Order by signifying their assent through execution of Exhibit A hereto, including their respective managers, partners, directors, officers, and agents—in each case, only as necessary to order the Producing Party to provide them assist with access or make decisions with respect to the Confidential MaterialCases, and only after he/she has signed a Declaration in the Producing Party reserves all rights to oppose any such request)form provided as Exhibit A hereto;
(jf) non-professional support personnel providing general secretarial services (such as word processing and printing) ), paralegal services, or litigation support services to and working under the supervision and direction of any natural person bound by this Order—in each case, only as necessary to assist such natural person with respect to the CaseCases;
(kg) court reportersoutside photocopying, stenographersgraphic production services, or videographers who record deposition litigation support services, as necessary for use in connection with the Cases, provided that no originals or other testimony in this Casecopies of such Confidential Materials are retained by said service providers after the provision of services;
(h) the Court and the Court’s personnel, provided that any Confidential Material filed with the Court is filed under seal; and
(li) any other persons specified in Paragraph 14 13 below.
Appears in 1 contract
Samples: Stipulated Confidentiality Agreement and Protective Order