Common use of Confidential Treatment of Confidential Information Clause in Contracts

Confidential Treatment of Confidential Information. (a) In the event any Purchaser (including its officers, employees, counsel, accountants, partners and other authorized representatives) obtains from the Company or the Subsidiaries any Confidential Information, such Purchaser (i) shall treat all such Confidential Information as confidential, (ii) shall use such Confidential Information only for the purposes contemplated in this Agreement and (iii) shall not disclose such Confidential Information to any third party except to such officers, employees, counsel, accountants, partners and other authorized representatives of such Purchaser who need to know such Confidential Information for the purpose of effectuating the transactions contemplated by this Agreement and who have been informed of and have agreed to protect the confidential nature of such Confidential Information (and such Purchaser shall be responsible for compliance with this Section 5.8 by such officers, employees, counsel, accountants, partners and other authorized representatives). Notwithstanding the preceding sentence, if such Purchaser or any of its authorized representatives becomes legally required pursuant to applicable law or regulation (including securities laws or regulations or the regulations of the NMS or any applicable stock exchange) or regulatory, legal or judicial process (including by deposition, interrogatory, request for documents, subpoena or similar process) to disclose any of the Confidential Information, such Purchaser shall provide the Company with prompt prior written notice of such requirement so that the Company may seek a protective order or other appropriate remedy or waive in writing compliance with the provisions of this Agreement. If such protective order or other remedy is not obtained and such a written waiver has not been received from the Company that would permit such required disclosure, such Purchaser and its authorized representatives shall disclose only that portion of the Confidential Information which the Purchaser is advised in the opinion of its counsel is legally required to be disclosed and shall take all reasonable steps to preserve the confidentiality of the Confidential Information by cooperating with the Company to obtain an appropriate protective order or other reliable assurance that confidential treatment will be accorded the Confidential Information.

Confidential Treatment of Confidential Information. (a) In the event any the Purchaser (including its officers, employees, counsel, accountants, partners and other authorized representatives) obtains from the Company or the Subsidiaries any Confidential Information, such the Purchaser (i) shall treat all such Confidential Information as confidential, (ii) shall use such Confidential Information only for the purposes contemplated in this Agreement and (iii) shall not disclose such Confidential Information to any third party except to such officers, employees, counsel, accountants, partners and other authorized representatives of such the Purchaser who need to know such Confidential Information for the purpose of effectuating the transactions contemplated by this Agreement and who have been informed of and have agreed to protect the confidential nature of such Confidential Information (and such the Purchaser shall be responsible for compliance with this Section 5.8 4.8 by such officers, employees, counsel, accountants, partners and other authorized representatives). Notwithstanding the preceding sentence, if such the Purchaser or any of its authorized representatives becomes legally required pursuant to applicable law or regulation (including securities laws or regulations or the regulations of the NMS or any applicable stock exchange) or regulatory, legal or judicial process (including by deposition, interrogatory, request for documents, subpoena or similar process) to disclose any of the Confidential Information, such the Purchaser shall provide the Company with prompt prior written notice of such requirement so that the Company may seek a protective order or other appropriate remedy or waive in writing compliance with the provisions of this Agreement. If such protective order or other remedy is not obtained and such a written waiver has not been received from the Company that would permit such required disclosure, such the Purchaser and its authorized representatives shall disclose only that portion of the Confidential Information which the Purchaser is advised in the opinion of its counsel is legally required to be disclosed and shall take all reasonable steps to preserve the confidentiality of the Confidential Information by cooperating with the Company to obtain an appropriate protective order or other reliable assurance that confidential treatment will be accorded the Confidential Information.

Confidential Treatment of Confidential Information. (a) In the event any Purchaser Holder (including its officers, employees, counsel, accountants, financial advisers, partners and other authorized representatives) obtains from the Company or the Subsidiaries any of its subsidiaries any Confidential InformationInformation (as defined in this Section 5.3), such Purchaser Holder (ia) shall treat all such Confidential Information as confidential, (iib) shall use such Confidential Information only for purposes of evaluating the purposes transactions contemplated in by this Agreement and (iiic) shall not disclose such Confidential Information to any third party except to such officers, employees, counsel, accountants, financial advisers, partners and other authorized representatives of such Purchaser Holder who need to know such Confidential Information for the purpose of effectuating the transactions contemplated by this Agreement and who have been informed of and have agreed to protect the confidential nature of such Confidential Information (and such Purchaser Holder shall be responsible for compliance with this Section 5.8 5.3 by such officers, employees, counsel, accountants, partners and other authorized representatives). Notwithstanding the preceding sentence, if such Purchaser or any of its authorized representatives becomes legally required pursuant to applicable law or regulation (including securities laws or regulations or the regulations of the NMS or any applicable stock exchange) or regulatory, legal or judicial process (including by deposition, interrogatory, request for documents, subpoena or similar process) to disclose any of the Confidential Information, such Purchaser shall provide the Company with prompt prior written notice of such requirement so that the Company may seek a protective order or other appropriate remedy or waive in writing compliance with the provisions For purposes of this Agreement. If such protective order , “Confidential Information” means information relating to the Company’s business, intellectual property and processes, operations, strategies, liquidity and financial condition, Recapitalization terms, pricing policies, markets, customers, distribution, sales, marketing and production and future business plans and any other information of a “confidential” nature, specifically including any information that is identified orally or other remedy is not obtained and such a written waiver has not been received from the Company that would permit such required disclosure, such Purchaser and its authorized representatives shall disclose only that portion of the Confidential Information which the Purchaser is advised in the opinion of its counsel is legally required to be disclosed and shall take all reasonable steps to preserve the confidentiality of the Confidential Information writing by cooperating with the Company to obtain an appropriate protective order be confidential, or that any Holder should reasonably understand under the circumstances to be a trade secret or information of a similar nature, provided, that Confidential Information shall not include any such information which (i) was in the public domain on the date hereof or subsequently comes into the public domain other reliable assurance than through the fault or negligence of a Holder, (ii) was lawfully obtained by a Holder from a third party without breach of this Agreement and otherwise not in violation of the Company’s rights, (iii) was known to a Holder at the time of disclosure of such Confidential Information to such Holder by the Company, provided, that confidential treatment will be accorded the such Holder was not, at such time, subject to any confidentiality obligation with respect thereto, or (iv) was independently developed by a Holder without making use of any Confidential Information.