Common use of CONFIDENTIALITY AND ANNOUNCEMENTS Clause in Contracts

CONFIDENTIALITY AND ANNOUNCEMENTS. (a) The parties to this Agreement agree that the existence and terms of this Agreement are strictly confidential and further agree that they and their respective representatives shall not disclose to the public or to any third party the existence or terms of this Agreement or any other Confidential Information (as defined below) other than with the express prior written consent of the other party, except as may be required by applicable law, rule or regulation, or at the request of any Governmental Authority having jurisdiction over such party or any of its representatives, control persons or affiliates, including, without limitation, the rules and regulations of the SEC, the American Stock Exchange, or the NASD, or as may be required to defend any action brought against such person in connection with the transactions contemplated by this Agreement. (b) Notwithstanding the above, the Seller hereby consents to the filing by EIAC of a current report on Form 8-K with the SEC announcing the transaction contemplated by this Agreement upon the execution of this Agreement in such form as shall be agreed between EIAC and the Seller before the execution of this Agreement. (c) Any other press release or other public announcement by the Seller or EIAC or their respective representatives relating to the transactions contemplated by the Agreement shall be agreed between EIAC and the Seller prior to the public release or dissemination of same (such agreement not to be unreasonably withheld or delayed). (d) For the purposes of this Section 19, “Confidential Information” means any information relating to EIAC, the Buyer, the Seller, the SPVs, their directors, officers, representatives, employees, agents or advisers obtained whether before or after the date of this Agreement in any form from or pursuant to discussions with EIAC, the Buyer, the Seller, the SPVs, or any of their directors, officers, representatives, employees, agents or advisers unless it is publicly known either at the date of the disclosure or at any time thereafter (other than by breach of this Agreement).

CONFIDENTIALITY AND ANNOUNCEMENTS. (a) The parties to this Agreement agree Parties acknowledge that the existence and terms provisions of this Agreement are strictly confidential and further agree that they and shall be publicly disclosed in their respective representatives shall not disclose to the public or to any third party the existence or terms of this Agreement or any other Confidential Information (as defined below) other than with the express prior written consent of the other party, except as may be required by applicable law, rule or regulation, or at the request of any Governmental Authority having jurisdiction over such party or any of its representatives, control persons or affiliates, including, without limitation, the rules and regulations of the SEC, the American Stock Exchange, or the NASD, or as may be required to defend any action brought against such person in connection with the transactions contemplated by this Agreemententirety. (b) Notwithstanding Each Sponsor and Bohai agrees to hold in strict confidence all Confidential Information. Subject to applicable Law, a Party may disclose any Confidential Information to (a) any of its Representatives and (b) the aboveCompany, its Subsidiaries and their respective directors, management or advisers (collectively, Authorized Recipients) on a confidential basis. If Bohai, a Sponsor or any of its Authorized Recipients is required by Law or regulation or any legal or judicial process to disclose any Confidential Information, or disclosure of Confidential Information is requested by any Governmental Authority having authority over such Sponsor or Bohai, such Sponsor or Bohai, as applicable, shall promptly notify the Seller hereby consents to the filing by EIAC of a current report on Form 8-K with the SEC announcing the transaction contemplated by this Agreement upon the execution of this Agreement in such form as shall be agreed between EIAC Company and the Seller before other Sponsors or Bohai, as applicable, of such requirement so that the execution Company may at its own expense oppose such requirement or seek a protective order and request confidential treatment thereof. If such Sponsor, Bohai or such Authorized Recipient is nonetheless required, or such a request nonetheless remains outstanding, to disclose any such Confidential Information, such Sponsor, Bohai or Authorized Recipient may disclose such portion of this Agreementsuch Confidential Information without liability hereunder. (c) Any other No public announcement or press release concerning Confidential Information shall be made by any Sponsor or Bohai (or any Affiliate thereof), without the prior consent of the Company and the other Sponsors, which may also be given in general terms with respect to categories of announcements. This provision shall not prohibit any public announcement or press release required to be made by the Seller any applicable Laws or EIAC regulations, provided that Bohai or their respective representatives relating such Sponsor (or such Affiliate) that is making such announcement shall, to the transactions contemplated by extent practicable, consult with the Agreement shall be agreed between EIAC Company and the Seller prior other Sponsors concerning the timing and content of such announcement before such announcement is made and shall give a copy thereof to the public release other Parties at the same time as, or dissemination as soon as reasonably practicable after, the making of same (such agreement not to be unreasonably withheld or delayed)announcement. (d) For the purposes of Each Party agrees that nothing in this Section 19, “6.2 shall authorise the use of any Confidential Information” means any information relating to EIAC, the Buyer, the Seller, the SPVs, their directors, officers, representatives, employees, agents or advisers obtained whether before or after the date Information in contravention of this Agreement in any form from or pursuant to discussions with EIAC, the Buyer, the Seller, the SPVs, or any of their directors, officers, representatives, employees, agents or advisers unless it is publicly known either at the date of the disclosure or at any time thereafter (other than by breach of this Agreement)applicable securities Laws.

CONFIDENTIALITY AND ANNOUNCEMENTS. (a) The parties Seller undertakes to the Buyer, and the Buyer undertakes to the Seller, save as otherwise provided in this Agreement agree that Clause 10, to keep confidential the existence and terms of this Agreement agreement. The Buyer may disclose the existence of this agreement and the amount of the Consideration and the Option Period (but no other term of the agreement including the identity of the Seller) to any potential donor or funder for the purpose of raising funding to enable it to exercise the Option and purchase the Works. [Where [the relevant public body] has entered into this agreement, [the relevant public body] shall be entitled to disclose the existence of this agreement and the amount of the Consideration and the Option Period to potential assignees of this agreement who shall in turn be entitled to disclose such information to any potential donor or funder.]9 Either party may disclose any information that it is otherwise required to keep confidential under this Clause 10: to such of its professional advisers, consultants and employees or officers as are strictly confidential and further agree that they and their respective representatives shall not disclose reasonably necessary to the public advise on this agreement, or to any third facilitate the exercise of the Option, provided that the disclosing party procures that the existence or terms of this Agreement or any other Confidential Information (people to whom the information is disclosed keep it confidential as defined below) other than if they were that party; with the express prior written consent of the other party, except as may be ; to the extent that the disclosure is required by applicable law; and in the case of the Buyer, rule to: (i) its auditors, (ii) any Government or regulation, or at the request of any Governmental Authority regulatory authority having jurisdiction over such party or any it (including by way of its representatives, control persons or affiliates, including, without limitation, the rules a funding agreement); and regulations of the SEC, the American Stock Exchange(iii) Arts Council England. No announcement, or the NASD, or as may be required to defend any action brought against such person other publicity in connection with the transactions contemplated by this Agreement. (b) Notwithstanding the above, the Seller hereby consents to the filing by EIAC of a current report on Form 8-K with the SEC announcing the transaction contemplated by this Agreement upon the execution subject matter of this Agreement in such form as agreement shall be agreed between EIAC and the Seller before the execution of this Agreement. (c) Any other press release or other public announcement made by the Seller at any time or EIAC or their respective representatives relating shall, subject always to the transactions contemplated Clause 10.2, be made by the Agreement shall be agreed between EIAC and the Seller Buyer prior to Completion or (if earlier) the public release or dissemination lapse of same the Option. On Completion the Buyer (only) shall (with the consent of the Seller, such agreement consent not to be unreasonably withheld or delayed). ) be permitted to make a press announcement concerning the purchase of the Works in which the Consideration (dbut not the identity of the Seller) For may be made public. In the purposes event of this Section 19the lapse of the Option, “Confidential Information” means the Buyer shall be permitted to make a press announcement of the fact that it has failed to acquire the Works. [The parties acknowledge that the Buyer is subject to the Freedom of Information Act 2000 (FOIA) and the Environmental Information Regulations 2004 (EIRs) and agree that if Xxxxx receives any request under the FOIA or EIRs for information relating to EIACthis agreement it will, prior to responding, notify the BuyerSeller of the same and of its proposed response to the same. The Buyer will give consideration to any reasonable representations made by the Seller in relation to the proposed response before submitting the same, the Seller, the SPVs, their directors, officers, representatives, employees, agents or advisers obtained whether before or after the date of this Agreement in any form from or pursuant to discussions with EIAC, the Buyer, the Seller, the SPVs, or any of their directors, officers, representatives, employees, agents or advisers unless provided always that it is publicly known either at agreed that the date ultimate form of response is the sole responsible of the disclosure or Buyer and at any time thereafter (other than by breach of this Agreement).its complete discretion.]10

CONFIDENTIALITY AND ANNOUNCEMENTS. (a) The parties 11.1 Each of the Parties agrees that it shall treat as strictly confidential all information received or obtained by it or its employees or advisers as a result of entering into or performing this Agreement and the Note including information relating to the provisions of this Agreement and the Note and the negotiations leading up to this Agreement agree and the Note, the subject matter thereof or the business or affairs of the Issuer and, subject to the provisions of Clauses 11.2 and 11.3, it will not at any time hereafter make use of or disclose or divulge to any person other than to its Affiliates any such information and shall use its reasonable endeavours to prevent the publication or disclosure of any such information (provided that in the case of the Investor this undertaking shall not require it to take any legal action against any person). 11.2 The restrictions contained in Clause 11.1 shall not apply so as to prevent any Party from making any disclosure required by law or legal process by any securities exchange or supervisory or regulatory or governmental body pursuant to rules to which any Party is subject (provided that the existence requirements of Clause 11.3 are complied with) or from making any disclosure to any professional adviser for the purposes of obtaining advice (provided always that the provisions of Clause 11 shall apply to, and terms of this Agreement are strictly confidential and further agree the relevant Party shall procure that they apply to and their respective representatives are observed in relation to, the use or disclosure by such professional adviser of the information provided to him) nor shall not disclose to the restrictions apply in respect of any information which comes into the public domain otherwise than by a breach of Clause 11 by any of the Parties. 11.3 No public announcement or to communication of any third party kind shall be made in respect of the existence or terms subject matter of this Agreement or the Note unless specifically agreed by the Parties or unless an announcement is required pursuant to relevant law or regulation the requirements of the Stock Exchange or any other Confidential Information (as defined below) other than recognised stock exchange. Any announcement by any Party required to be made pursuant to any relevant law or the requirements of the Stock Exchange or any relevant stock exchange shall be issued only after such prior consultation with the express other Party as is reasonably practicable in the circumstances. 11.4 Notwithstanding the above, at the request of the holder or potential holder of any note of the Issuer, and with the prior written consent of the other partyInvestor, except as which consent may be required by applicable law, rule given or regulation, or withheld at the request of any Governmental Authority having jurisdiction over such party or any of its representatives, control persons or affiliates, including, without limitation, the rules and regulations sole discretion of the SECInvestor, the American Stock Exchange, or the NASD, or as such holder may be required given the opportunity to defend any action brought against such person in connection with the transactions contemplated by this Agreement. (b) Notwithstanding the above, the Seller hereby consents to the filing by EIAC of a current report on Form 8-K with the SEC announcing the transaction contemplated by review this Agreement upon the execution of this Agreement in such form as shall be agreed between EIAC and the Seller before the execution of this Agreement. (c) Any other press release or other public announcement by the Seller or EIAC or their respective representatives relating to the transactions contemplated by the Agreement shall be agreed between EIAC and the Seller prior to the public release or dissemination of same (such agreement not to be unreasonably withheld or delayed). (d) For the purposes of this Section 19, “Confidential Information” means any information relating to EIAC, the Buyer, the Seller, the SPVs, their directors, officers, representatives, employees, agents or advisers obtained whether before or after the date of this Agreement in any form from or pursuant to discussions with EIAC, the Buyer, the Seller, the SPVs, or any of their directors, officers, representatives, employees, agents or advisers unless it is publicly known either at the date Conditions of the disclosure or at any time thereafter (other than by breach of this Agreement)Note.

CONFIDENTIALITY AND ANNOUNCEMENTS. (a) The parties 15.1 Each of the Parties agrees that it shall treat as strictly confidential all information received or obtained by it or its employees or advisers as a result of entering into or performing this Agreement and the Bond including information relating to the provisions of this Agreement and the Bond and the negotiations leading up to this Agreement agree and the Bond, the subject matter thereof or the business or affairs of the Issuer and, subject to the provisions of Clauses 15.2 and 15.3, it will not at any time hereafter make use of or disclose or divulge to any person other than to its Affiliates any such information and shall use its reasonable endeavours to prevent the publication or disclosure of any such information (provided that in the case of the Investor this undertaking shall not require it to take any legal action against any person). 15.2 The restrictions contained in Clause 15.1 shall not apply so as to prevent any Party from making any disclosure required by law or legal process by any securities exchange or supervisory or regulatory or governmental body pursuant to rules to which any Party is subject (provided that the existence requirements of Clause 15.3 are complied with) or from making any disclosure to any professional adviser for the purposes of obtaining advice (provided always that the provisions of Clause 15 shall apply to, and terms of this Agreement are strictly confidential and further agree the relevant Party shall procure that they apply to and their respective representatives are observed in relation to, the use or disclosure by such professional adviser of the information provided to him) nor shall not disclose to the restrictions apply in respect of any information which comes into the public domain otherwise than by a breach of Clause 15 by any of the Parties. 15.3 No public announcement or to communication of any third party kind shall be made in respect of the existence or terms subject matter of this Agreement or the Bond unless specifically agreed by the Parties or unless an announcement is required pursuant to relevant law or regulation the requirements of the Stock Exchange or any other Confidential Information (as defined below) other than recognised stock exchange. Any announcement by any Party required to be made pursuant to any relevant law or the requirements of the Stock Exchange or any relevant stock exchange shall be issued only after such prior consultation with the express other Party as is reasonably practicable in the circumstances. 15.4 Notwithstanding the above, at the request of the holder or potential holder of any convertible bonds of the Issuer, and with the prior written consent of the other partyInvestor, except as which consent may be required by applicable law, rule given or regulation, or withheld at the request of any Governmental Authority having jurisdiction over such party or any of its representatives, control persons or affiliates, including, without limitation, the rules and regulations sole discretion of the SECInvestor, the American Stock Exchange, or the NASD, or as such holder may be required given the opportunity to defend any action brought against such person in connection with the transactions contemplated by this Agreement. (b) Notwithstanding the above, the Seller hereby consents to the filing by EIAC of a current report on Form 8-K with the SEC announcing the transaction contemplated by review this Agreement upon the execution of this Agreement in such form as shall be agreed between EIAC and the Seller before the execution of this Agreement. (c) Any other press release or other public announcement by the Seller or EIAC or their respective representatives relating to the transactions contemplated by the Agreement shall be agreed between EIAC and the Seller prior to the public release or dissemination of same (such agreement not to be unreasonably withheld or delayed). (d) For the purposes of this Section 19, “Confidential Information” means any information relating to EIAC, the Buyer, the Seller, the SPVs, their directors, officers, representatives, employees, agents or advisers obtained whether before or after the date of this Agreement in any form from or pursuant to discussions with EIAC, the Buyer, the Seller, the SPVs, or any of their directors, officers, representatives, employees, agents or advisers unless it is publicly known either at the date Conditions of the disclosure or at any time thereafter (other than by breach of this Agreement)Bond.

CONFIDENTIALITY AND ANNOUNCEMENTS. 11.1 The Seller and each of the Warrantors separately undertake to each of the Buyer and the Company that he shall: (a) The parties to this Agreement agree that keep confidential the existence and terms of this Agreement are strictly agreement and all confidential and further agree that they and their respective representatives shall information or trade secrets in his possession concerning the business, affairs, customers, clients or suppliers of the Company or any member of the Buyer's Group; (b) not disclose any of the information referred in clause 11.1(a) in whole or in part to any third party, except as expressly permitted by this clause 11; and (c) not make any use of any of the information referred in clause 11.1(a), other than to the extent necessary for the purpose of exercising or performing his rights and obligations under this agreement. 11.2 Nothing in this agreement shall be construed as imposing on the Buyer an obligation to keep confidential, or restrict its use after Completion, of any information relating to the Company. 11.3 Notwithstanding any other provision of this agreement, no party shall be obliged to keep confidential or to restrict its use of any information that: (a) is or becomes generally available to the public (other than as a result of its disclosure by the receiving party or any person to whom it has disclosed the information in accordance with clause 11.4(a) in breach of this agreement); or (b) was, is or becomes available to the receiving party on a non-confidential basis from a person who, to the receiving party's knowledge, is not bound by a confidentiality agreement with the disclosing party or otherwise prohibited from disclosing the information to the receiving party. 11.4 Any party may disclose any information that it is otherwise required to keep confidential under this clause 11: (a) to those of its employees, officers, consultants, representatives or advisers who need to know such information to enable them to advise on this agreement, or to facilitate the Transaction, provided that the party making the disclosure informs the recipient of the confidential nature of the information before disclosure and procures that each recipient shall, in relation to any third such information disclosed to him, comply with the obligations set out in this clause 11 as if they were that party. The party making a disclosure under this shall, at all times, be liable for the existence or terms failure of its recipients to comply with the obligations set out in this Agreement clause 11; or (b) with the prior consent in writing of all the other parties; or (c) if such information relates to one party only, with the prior consent in writing of that party; or (d) to the extent that the disclosure is required: (i) by the laws of any jurisdiction to which that party is subject; or (ii) by an order of any court of competent jurisdiction, or any regulatory, judicial, governmental or similar body, or any Taxation Authority or securities exchange of competent jurisdiction; or (iii) to make any filing with, or obtain any authorisation from, a regulatory, governmental or similar body, or any Taxation Authority or securities exchange of competent jurisdiction; or (iv) to protect that party's interest in any legal proceedings, PROVIDED that in each case (and to the extent it is legally permitted to do so) the party making the disclosure gives the other Confidential Information parties as much notice of such disclosure as possible and, where notice of disclosure is not prohibited and is given in accordance with this clause, it takes into account the reasonable requests of the other parties in relation to the content of such disclosure. 11.5 Subject to clause 11.6, clause 11.7 and clause 11.8, no party shall make, or permit any person to make, any public announcement, communication or circular (as defined belowannouncement) other than with concerning this agreement or the express Transaction without the prior written consent of the other party, except as may be required by applicable law, rule or regulation, or at the request of any Governmental Authority having jurisdiction over such party or any of its representatives, control persons or affiliates, including, without limitation, the rules and regulations of the SEC, the American Stock Exchange, or the NASD, or as may be required to defend any action brought against such person in connection with the transactions contemplated by this Agreement. (b) Notwithstanding the above, the Seller hereby consents to the filing by EIAC of a current report on Form 8-K with the SEC announcing the transaction contemplated by this Agreement upon the execution of this Agreement in such form as shall be agreed between EIAC and the Seller before the execution of this Agreement. (c) Any other press release or other public announcement by the Seller or EIAC or their respective representatives relating to the transactions contemplated by the Agreement shall be agreed between EIAC and the Seller prior to the public release or dissemination of same parties (such agreement consent not to be unreasonably withheld or delayed). 11.6 Nothing in clause 11.5 shall prevent any party from making any announcement required by law or any governmental or regulatory authority (d) For the purposes of this Section 19including, “Confidential Information” means without limitation, any information relating to EIAC, the Buyer, the Seller, the SPVs, their directors, officers, representatives, employees, agents or advisers obtained whether before or after the date of this Agreement in any form from or pursuant to discussions with EIAC, the Buyer, the Seller, the SPVsrelevant securities exchange), or by any court or other authority of their directors, officers, representatives, employees, agents or advisers unless competent jurisdiction provided that the party required to make the announcement consults with the other parties and takes into account the reasonable requests of the other parties in relation to the content of such announcement before it is publicly known either at made. 11.7 The parties shall cooperate and coordinate with each other with regard to the date issue of the disclosure or a press release in agreed form immediately after Completion. 11.8 The Buyer may, at any time thereafter (after Completion announce its acquisition of the Sale Shares to any employees, clients, customers or suppliers of the Company or any other than by breach member of the Buyer's Group. 11.9 The obligations and liability of the Seller and the Warrantors under this Agreement)clause 11 shall be several and extend only to any loss or damage arising out of their own breaches.

CONFIDENTIALITY AND ANNOUNCEMENTS. (a) The parties to this Agreement agree that From the existence and terms date of this Agreement are strictly confidential through the earlier of the Closing Date or the termination date of this Agreement, the Sellers and further agree that they the Purchaser and their respective representatives Affiliates shall not hold, and shall use reasonable efforts to cause their respective Representatives to hold, in confidence, unless compelled to disclose pursuant to any applicable Law, all confidential documents and information relating to the proposed Transaction, including this Agreement, the parties’ respective technical documents, business plans, product roadmaps, customer lists and similar proprietary information (“Confidential Information”), except to the extent that the disclosing party’s information was (i) previously known on a non-confidential basis or independently developed by the receiving party, or (ii) in the public domain through no fault of the receiving party or its Affiliates. (b) After the Closing Date of the Transaction, the Sellers and its respective Affiliates, and each of their respective Representatives shall maintain in confidence and not use or disclose to any third party any Confidential Information embodied in or relating to the Transferred Assets. To the extent that any former Representative of the Sellers is subject to a confidentiality agreement with the Sellers with respect to Confidential Information subject to this subsection (b), the Sellers shall enforce such confidentiality obligations, shall not waive such rights, or release such former Representative from its obligations with respect thereto, and, to the extent reasonably practicable, allow Purchaser to seek to enforce such rights directly. (c) The Purchaser shall determine in its sole discretion whether any public announcement, press release or response to media inquiries regarding this Agreement, the other Documents or the Transaction may be made. Without the prior written approval of the Purchaser, in its sole discretion, the Sellers shall not, and shall cause each of the Sellers’ Representatives and the holders of the Seller’s Securities and their Representatives not to, make any announcement or disclosure to any Person regarding (i) this Agreement, the other Documents or the Transaction, or any discussions, memoranda, letters or agreements related hereto or thereto; (ii) the existence or terms of this Agreement or any the other Confidential Information Documents; or (as defined belowiii) other than with the express prior written consent existence of discussions and negotiations between or among the Purchaser, the Sellers and the holders of the other party, except as may be required by applicable law, rule or regulation, or at the request of any Governmental Authority having jurisdiction over such party Sellers’ Securities or any of its representatives, control persons or affiliates, including, without limitation, the rules and regulations their respective Representatives. Any violation of the SECrestrictions set forth in this Section 5.5(c) by any of the Sellers, any holder of the American Stock Exchange, Sellers’ Securities or the NASD, or as may be required to defend any action brought against such person in connection with the transactions contemplated by this Agreement. (b) Notwithstanding the above, the Seller hereby consents to the filing by EIAC of a current report on Form 8-K with the SEC announcing the transaction contemplated by this Agreement upon the execution of this Agreement in such form as their Representatives shall be agreed between EIAC and the Seller before the execution deemed to be a breach of this Agreement. (c) Any other press release or other public announcement by the Seller or EIAC or their respective representatives relating to the transactions contemplated by the Agreement shall be agreed between EIAC and the Seller prior to the public release or dissemination of same (such agreement not to be unreasonably withheld or delayed). (d) For the purposes of this Section 19, “Confidential Information” means any information relating to EIAC, the Buyer, the Seller, the SPVs, their directors, officers, representatives, employees, agents or advisers obtained whether before or after the date of this Agreement in any form from or pursuant to discussions with EIAC, the Buyer, the Seller, the SPVs, or any of their directors, officers, representatives, employees, agents or advisers unless it is publicly known either at the date of the disclosure or at any time thereafter (other than by breach of this Agreement).

CONFIDENTIALITY AND ANNOUNCEMENTS. 12.1 Each of the parties shall not, and shall procure that each of its Affiliates shall not, at any time hereafter, divulge (aother than in accordance with Clause 12.2, Clause 12.3 or Clause 12.4) The parties to this Agreement agree that any information, other than information which is in the existence and terms public domain (otherwise than by reason of a breach of any of the provisions of this Agreement are strictly confidential and further agree that they and their respective representatives shall not disclose to Agreement), in respect of the public or to any third party the existence or terms of transactions contemplated by this Agreement or any other Confidential Information (Transaction Document, save as defined below) other required by any court order, law, regulation or any relevant regulatory body. 12.2 Other than with the express announcement in the agreed form which any party to this Agreement may issue following the date of this Agreement, no announcement or statement about this Agreement or the subject matter of, or any matter referred to in, this Agreement shall be made or issued before, on or after Closing by or on behalf of any of the parties without the prior written consent approval of the other partyparties, except as may be PROVIDED that nothing shall restrict the making by any party hereto (even in the absence of agreement by the other parties) of any statement which is required by applicable law or called for by the requirements of any court order, law, rule regulation or regulationany relevant regulatory body, but then only to the extent so required and after the relevant party has made reasonable endeavours to discuss the nature of the requirement and the form of the required announcement or statement with the other parties to this Agreement. 12.3 Nothing in this Clause 12 shall prevent Lion (which for the purpose of this Clause 12.3 shall include any employee, officer or professional adviser of Lion while acting in the ordinary course of their duties) from passing any information relating to the existence or contents of, or at any matter referred to in, this Agreement or which may otherwise come into their possession to: 12.3.1 any member of the request Lion Group; 12.3.2 any general partner, limited partner, trustee, nominee or manager of, or adviser to Lion, the Lion Group or any investor or potential investor in any of them; 12.3.3 any Governmental Authority having jurisdiction over company or fund (including any unit trust, investment trust, limited partnership or general partnership) which is advised by, or the assets of which are managed (whether solely or jointly with others) from time to time by Lion or in respect of which Lion is a general partner, or which is advised or managed by Lion as general partner, trustee, nominee, manager or adviser; 12.3.4 any employee, officer or professional adviser of Lion, providing always that any such party recipient requires the information and is directed to keep such information confidential. 12.4 Nothing in this Clause 12 shall prevent the Buyer, or any of its representatives, control persons or affiliates, including, without limitation, the rules and regulations of the SEC, the American Stock Exchange, or the NASD, or as may be required to defend any action brought against such person in connection with the transactions contemplated by this Agreement. (b) Notwithstanding the above, the Seller hereby consents to the filing by EIAC of a current report on Form 8-K with the SEC announcing the transaction contemplated by this Agreement upon the execution of this Agreement in such form as shall be agreed between EIAC and the Seller before the execution of this Agreement. (c) Any other press release or other public announcement by the Seller or EIAC or their respective representatives relating to the transactions contemplated by the Agreement shall be agreed between EIAC and the Seller prior to the public release or dissemination of same (such agreement not to be unreasonably withheld or delayed). (d) For the purposes of this Section 19, “Confidential Information” means any information relating to EIAC, the Buyer, the Seller, the SPVs, their directors, officers, representatives, employees, agents or advisers obtained whether before or after the date of this Agreement in any form from or pursuant to discussions with EIAC, the Buyer, the Seller, the SPVsAffiliates, or any of their directorsrespective employees, officers, representatives, employees, agents directors or advisers unless it is publicly known either at the date other representatives from disclosing any information in respect of the disclosure Transaction Documents required in the ordinary and normal course of the conduct of its business having regard in particular to the fact that the Buyer is registered with the US Securities and Exchange Commission (the “SEC”), it being understood and agreed that the Buyer and such other persons shall have the right to file copies of the Transaction Documents with the SEC and to discuss, publicise, provide information or at any time thereafter (other than by breach engage in public relations and investor relations activities with respect to its acquisition of this Agreement)the Group and/or the terms of such acquisition.

CONFIDENTIALITY AND ANNOUNCEMENTS. (a) The parties to this Agreement agree that Without limiting in any way the existence and terms of this Agreement are strictly confidential and further agree that they and the Confidentiality Agreement, no party hereto, nor any of their respective representatives Affiliates, shall not disclose to publicly (i) the public or to any third party the existence or terms fact of this Agreement or any other Confidential Information (as defined below) execution and delivery hereof other than with the express prior written consent of Seller and Buyer or (ii) any of the contents hereof other partythan as required by law upon prior notice to Seller and Buyer and other than with the prior consent of Seller and Buyer; provided, except as may however, that nothing contained herein shall prohibit any party (or any Affiliate thereof), following notification to Seller and Buyer if practicable, from making any disclosure which its counsel determines to be required by applicable law, rule . Notwithstanding the foregoing or regulation, or at anything else set forth herein to the request of any Governmental Authority having jurisdiction over such party or any of its representatives, control persons or affiliates, including, without limitationcontrary, the rules parties hereto acknowledge and regulations agree that (i) all required filings with Governmental Authorities regulating Buyer, Seller, the Company and its Subsidiary (and, following the Asset Transfer, the Partnership and the U.K. Partnership) and their Affiliates or by Applicable Laws in accordance with the operation of the SECbusiness of the foregoing and any actions they may wish to undertake, (ii) all required filings under the American Stock ExchangeHSR Act and responses to questions with respect thereto, or the NASD, or as may be required and (iii) disclosures to defend any action brought against such person in connection with the transactions contemplated by this AgreementBuyer's lenders and other financing services are all expressly permitted. (b) Notwithstanding Schedule 1.1(a) sets forth all of the above, employees and certain former employees of the Seller hereby consents to the filing by EIAC Company and its Subsidiary as of a current report on Form 8-K with the SEC announcing the transaction contemplated by this Agreement upon the execution of this Agreement in such form as shall be agreed between EIAC and the Seller before the execution of this Agreement. (c) Any other press release or other public announcement by the Seller or EIAC or their respective representatives relating to the transactions contemplated by the Agreement shall be agreed between EIAC and the Seller prior to the public release or dissemination of same (such agreement not to be unreasonably withheld or delayed). (d) For the purposes of this Section 19, “Confidential Information” means any information relating to EIAC, the Buyer, the Seller, the SPVs, their directors, officers, representatives, employees, agents or advisers obtained whether before or after the date of this Agreement in any form from or pursuant to discussions Agreement. The Partnership has no employees. Seller covenants and agrees with EIAC, the Buyer, that for a period of two (2) years after the SellerClosing, the SPVs, none of Seller or any of their directors, officers, representatives, employees, agents or advisers unless it is publicly known either at its Affiliates on the date hereof, shall, without the express written consent of Buyer, directly or indirectly, whether as owner, (a) to terminate his or her employment relationship or consulting relationship with the disclosure Company, its Subsidiary, the Partnership, the U.K. Partnership or at any time thereafter direct or indirect subsidiary of AMG, or (other than by breach of this Agreement)ii) hire any individual which, to such party's Knowledge, was such a Person.

CONFIDENTIALITY AND ANNOUNCEMENTS. 13.1 The Buyer and the Guarantor undertake to the Seller and each member of the Virgin Media Group (except as required by law or permitted by contract) to keep confidential the terms, existence and contents of this Agreement and all information that the Buyer and/or the Guarantor and any member of the Buyer Group have acquired about the Virgin Media Group, and to use such information only for the purposes permitted by this Agreement, provided that the Buyer and the Guarantor shall not be required to keep confidential or to restrict their use of any information that: (a) is or becomes public knowledge other than as a direct or indirect result of being disclosed in breach of this Agreement; or (b) the Parties agree in writing is not confidential; or (c) the Buyer or the Guarantor can demonstrate has been lawfully disclosed to the Buyer or the Guarantor by a Third Party and that the Buyer or the Guarantor has acquired free from any obligation of confidence to any other person. 13.2 The parties Seller undertakes to the Buyer and the Guarantor to keep confidential all the Confidential Information that it has acquired about the Buyer and the Guarantor and to use such information only for the purposes contemplated by this Agreement agree that the existence and terms of this Agreement are strictly confidential and further agree that they it will not and their respective representatives shall not disclose to procure that none of its Affiliates shall (except as permitted by or in the public or to course of performance of any third party of the existence or terms of this Commercial Agreements, the Transitional Services Agreement or any other agreement from time to time entered into by the Seller or one or more of its Affiliates) for a period of three (3) years after Completion (except as required by law or permitted by contract) disclose or divulge to any person (other than to officers or employees of the Buyer, members of the Buyer’s Group or the Target Group Companies) or use (other than for the benefit of the Buyer) any Target Group Company Confidential Information which may be within or have to come to his knowledge provided that the Seller shall not be required to keep confidential or to restrict its or any Affiliates’ use of any information that: (as defined belowa) is or becomes public knowledge other than as a direct or indirect result of being disclosed in breach of this Agreement; or (b) the Parties agree in writing is not confidential; or (c) has been lawfully disclosed to the Seller or a member of Virgin Media Group by a Third Party and that the Seller or a member of Virgin Media Group has acquired free from any obligation of confidence to any other person. 13.3 Each Party and its Affiliates and any member of the Virgin Media Group may disclose any information that it is otherwise required to keep confidential under this Clause 13 or Clause 10.2: (a) to such professional advisers, consultants and employees or officers of its group as are reasonably necessary to advise on this Agreement, or to facilitate the Transaction or to actual or prospective lenders or investors of the entity making the disclosure, provided that the disclosing entity procures that the persons to whom the information is disclosed keep it confidential; or (b) with the express prior written consent of the other partyParties, except as may such consent not to be required by applicable law, rule unreasonably withheld or regulation, or at the request of any Governmental Authority having jurisdiction over such party or any of its representatives, control persons or affiliates, including, without limitation, the rules and regulations of the SEC, the American Stock Exchange, or the NASD, or as may be required to defend any action brought against such person in connection with the transactions contemplated by this Agreement. (b) Notwithstanding the above, the Seller hereby consents to the filing by EIAC of a current report on Form 8-K with the SEC announcing the transaction contemplated by this Agreement upon the execution of this Agreement in such form as shall be agreed between EIAC and the Seller before the execution of this Agreement.delayed; or (c) Any to the extent that the disclosure is required: (i) by law; or (ii) by an Authority; or (iii) to make any filing with, or obtain any authorisation from, a regulatory body, tax authority or securities exchange; or (iv) under any arrangements in place under which negotiations relating to terms and conditions of employment are conducted; or (v) to protect the disclosing Party’s interest in any legal proceedings, but in any such case the disclosing Party shall use reasonable endeavours to consult the other press release or other public announcement Parties and to take into account any reasonable requests it may have in relation to the disclosure before making it), and the Parties acknowledge and agree that the disclosure by the Seller to BBC Worldwide of the terms of the Conditions (including the scope of the Material Adverse Event) shall not constitute a breach of the provisions of this Clause 13. 13.4 Each Party shall supply the other with any information about itself, its Group or EIAC this Agreement as the other may reasonably require for the purposes of satisfying the requirements of a law, regulatory body or their respective representatives relating securities exchange to which the requiring Party or any Affiliate of its Group is subject. 13.5 Subject to Clause 13.6, no Party and no Affiliate of that Party to this Agreement shall make any announcement (including any communication to the transactions contemplated by public, to any customers or suppliers of the Target Group Companies) concerning the provisions or subject matter of this Agreement or containing any information about any other Parties, without the prior written approval of the others (which shall be agreed between EIAC and the Seller prior to the public release or dissemination of same (such agreement not to be unreasonably withheld or delayed). (d) For 13.6 Clause 13.5 shall not apply if and to the purposes of this Section 19, “Confidential Information” means extent that such announcement is required by law or by any information relating to EIAC, the Buyer, the Seller, the SPVs, their directors, officers, representatives, employees, agents securities exchange or advisers obtained whether before or after the date of this Agreement in any form from or pursuant to discussions with EIAC, the Buyer, the Seller, the SPVs, Authority having jurisdiction over a Party or any of their directorsits Affiliates (including the US Securities and Exchange Commission, officersthe Financial Services Authority, representativesthe London Stock Exchange, employeesThe Panel on Take-overs and Mergers and the Serious Fraud Office to the extent applicable) and whether or not the requirement has the force of law, agents or advisers unless it but any such announcement shall be made only after consultation with the other Parties to the extent consultation is publicly known either at the date practicable. 13.7 The restrictions contained in this Clause 13 shall survive Completion and shall continue without limit of the disclosure or at any time thereafter (other than by breach of this Agreement)time.

CONFIDENTIALITY AND ANNOUNCEMENTS. (a) 10.1 The parties to Transaction Documents, their existence and all information exchanged between the Parties under the Transaction Documents or during the negotiations preceding this Agreement agree that the existence is confidential to them and terms of this Agreement are strictly confidential and further agree that they and their respective representatives shall not disclose to the public or be disclosed to any third party Person by any of the existence Parties. The Parties shall hold in strictest confidence, not use or terms disclose to any third Person, and take all necessary precautions to secure any confidential information of this Agreement the other Parties. Disclosure of such information shall be restricted, on a need to know basis, solely to employees, agents, consultants and representatives of a Party, who have been advised of their obligation with respect to such confidential information. The Parties shall not issue any press release or organise a press meet or make any other Confidential Information (as defined below) other than with public announcement or disclosure in India or elsewhere in relation to the express Transaction Documents, or the relationship between the Parties without taking prior written consent of the other partyParty, except as may and all such press releases / public announcements in India shall be required jointly issued by applicable law, rule or regulation, or at the request Parties. The obligations of any Governmental Authority having jurisdiction over such party or any of its representatives, control persons or affiliates, including, without limitation, confidentiality do not extend to information which: (a) is disclosed with the rules and regulations prior written consent of the SEC, Party who supplied the American Stock Exchange, or the NASD, or as may be required to defend any action brought against such person in connection with the transactions contemplated by this Agreement.information; (b) Notwithstanding is, as on the abovedate of disclosure, lawfully in the Seller hereby consents to possession of the filing by EIAC recipient of the information through sources other than the Party who supplied the information except where the Party knows that the source has this information as a result of a current report on Form 8-K with the SEC announcing the transaction contemplated by this Agreement upon the execution breach of this Agreement in such form as shall be agreed between EIAC and the Seller before the execution of this Agreement.a confidentiality obligation; (c) Any other press release is required to be disclosed pursuant to Law or other public announcement by the Seller in connection with any necessary or EIAC or their respective representatives relating desirable intimation to the transactions contemplated by the Agreement shall be agreed between EIAC and the Seller prior to the public release government or dissemination of same (such agreement not to be unreasonably withheld or delayed).any regulatory authority; (d) For the purposes is required to be disclosed pursuant to judicial or regulatory process or in connection with any judicial process regarding any legal action, suit or proceeding arising out of this Section 19, “Confidential Information” means any information or relating to EIACthe Transaction Documents, after giving prior notice to the other Party; or (e) is generally and publicly available, other than as a result of breach of confidentiality by the Party receiving the information. 10.2 Subject to the requirements of applicable Law, no public announcement of Investors’ interest shall be made without such Investor’s prior written no objection or consent. Notwithstanding that Investors’ such written no objection or consent may have been given by Investors, the BuyerCompany shall be solely responsible for compliance with all statutory requirements applicable to it, in this regard. An Investor shall be responsible to ensure that any public announcement as required to be made by such Investor in compliance with all applicable Laws, is accurate and the SellerCompany shall provide all necessary assistance to such Investor in this regard. Neither Party can announce the transaction details if completed, without the SPVsapproval of the other Parties. 10.3 Nothing contained in this Clause will restrict any Investor from disclosing any confidential information to (a) any proposed transferee of its rights, their Securities etc; or (b) any Person from whom it seeks investment in itself or who has invested in it; or (c) any of its Affiliates, advisors, consultants, directors, officers, representatives, employees, agents or advisers obtained whether before or after the date of this Agreement in any form from or pursuant to discussions with EIACmanagers, the Buyer, the Seller, the SPVs, or any of their directors, officers, representatives, employees, agents or advisers unless it is publicly known either at the date of the disclosure or at any time thereafter (other than by breach of this Agreement)general partners and investment council members.

CONFIDENTIALITY AND ANNOUNCEMENTS. (a) The Except as provided below in this Section 7.1, none of the parties to this Agreement agree that hereto, nor any of their respective Affiliates, shall publicly disclose the existence and terms execution, delivery or contents of this Agreement are strictly confidential and further agree that they and their respective representatives shall not disclose to the public or to any third party the existence or terms of this Agreement or any other Confidential Information (as defined below) other than (i) with the express prior written consent of the other partyparties hereto, except or (ii) as may be required by any Applicable Law, the applicable law, rule or regulationrules of any stock exchange, or at the request of any Governmental Authority having jurisdiction over such party upon prior notice to the other parties hereto. Acquiror and Target shall agree with each other as to the form, timing and substance of any press release or any of its representatives, control persons public disclosure related to this Agreement or affiliates, including, without limitation, the rules and regulations of the SEC, the American Stock Exchange, or the NASD, or as may be required to defend any action brought against such person in connection with the transactions contemplated hereby; provided that (x) such agreement shall not be unreasonably withheld or delayed, and (y) nothing contained herein shall prohibit Acquiror or Target, following notification and consultation with the other party, from making any such disclosure if required by this Agreement. (b) Notwithstanding the aboveany Applicable Law, the Seller hereby consents applicable rules of any stock exchange or any Governmental Authority. Notwithstanding anything to the filing by EIAC contrary contained in this Section 7.1, after receipt of a current report on Form 8-K with the SEC announcing the transaction contemplated by this Agreement upon the execution prior written consent of this Agreement in such form as Acquiror (which shall be agreed between EIAC and the Seller before the execution of this Agreement. (c) Any other press release or other public announcement by the Seller or EIAC or their respective representatives relating to the transactions contemplated by the Agreement shall be agreed between EIAC and the Seller prior to the public release or dissemination of same (such agreement not to be unreasonably withheld or delayed), Target shall be permitted to disclose the existence of this Agreement (but not the terms or provisions) to (A) those of its customers, suppliers and sales representatives with whom Target has entered into a non-disclosure agreement and (B) those third parties whose consent is required as set forth in Schedule 9.1(e). (db) For The parties hereto acknowledge that from and after the purposes date hereof, each of Acquiror and Merger Sub, on the one hand, and Target, the Indemnifying Stockholders and the Stockholder Representative, on the other hand, shall keep confidential all information (whether in oral or written form, electronically stored or otherwise) received by the other party that is related in any way to the proposed Merger, this Section 19Agreement, the Transaction Documents and the other transactions contemplated hereby (collectively, “Confidential Information” means ”); provided that any information relating Confidential Information that (i) was or becomes generally available to EIACthe public other than as a result of a disclosure by the party receiving the Confidential Information in violation of this Agreement, (ii) was or becomes available to a party on a non-confidential basis from a source other than the Buyerparty disclosing the Confidential Information or its members, the Sellermanagers, the SPVs, their directors, officers, representativesemployees, employeespartners, agents or advisers obtained whether before advisors (collectively, “Representatives”); provided, further, that such source was not bound by any agreement or after obligation to keep such information confidential or (iii) was independently developed by the date of party receiving the Confidential Information or its Representatives without reference to the Confidential Information, shall not be subject to the restrictions contained in this Section 7.1(b). Notwithstanding anything to the contrary contained herein, a party may disclose the Confidential Information to its Representatives who need to know such Confidential Information to evaluate the transactions contemplated by this Agreement in any form from or pursuant the Transaction Documents, are informed of its confidential nature, and agree to discussions with EIAC, abide by this Section 7.1(b). In the Buyer, the Seller, the SPVs, event that a party or any of their directorsits Representatives is required by Applicable Law, officersregulation, representatives, employees, agents supervisory authority or advisers unless it is publicly known either at the date other applicable judicial or governmental order to disclose any of the disclosure Confidential Information, Acquiror and Merger Sub, on the one hand, and Target, the Indemnifying Stockholders and the Stockholder Representative, on the other hand, shall provide the other party with prompt written notice, unless notice is prohibited by law, of any such request or at requirement so that the other party may seek a protective order or other appropriate remedy. If, failing the entry of a protective order (which the party required to disclose will use its reasonable commercial efforts to obtain), the party required to disclose the Confidential Information is, in the opinion of its counsel, compelled to disclose such Confidential Information, such party may disclose that portion of the Confidential Information that counsel advises that such party is compelled to disclose and will exercise reasonable commercial efforts to obtain assurance to the extent possible that confidential treatment will be accorded to that portion of the Confidential Information that is being disclosed. In any time thereafter (event, the party required to disclose the Confidential Information will use its reasonable commercial efforts to, and will not oppose action by the other than by breach party to, obtain an appropriate protective order or other reliable assurance that confidential treatment will be accorded the Confidential Information. The parties’ obligations under this Section 7.1 shall survive the termination of this Agreement).

CONFIDENTIALITY AND ANNOUNCEMENTS. (a) The parties 17.1 For the purpose of assuring the full benefit of the business and goodwill of each Group member and the Business and in consideration of the Purchaser hereby agreeing to this Agreement agree that purchase the existence Shares, Assets and Business on the terms of this Agreement are strictly confidential Agreement, the Seller agrees with the Purchaser that (save as may be required by law or regulation (including the regulation of any applicable stock exchange or listing authority or in relation to disclosure to any Tax authority) or for the purpose of enforcing this Agreement, and further agree that they and their respective representatives shall not disclose then only to the public extent so required) it will not at any time hereafter divulge (other than in accordance with clause 17.2 any information that is currently confidential information in relation to the affairs or businesses of any Group member or in relation to the Business or any third party information in relation to the existence Purchaser or terms its business. 17.2 Save as provided in clause 17.1 or as required by law or regulation (including the regulation of any applicable stock exchange or listing authority) no announcement or statement about this Agreement or the subject matter of, or any other Confidential Information (as defined below) other than with matter referred to in, this Agreement shall be made or issued before, on or after Completion by or on behalf of any of the express parties without the prior written consent of the other party, except as may be required by applicable law, rule or regulation, or at the request of any Governmental Authority having jurisdiction over such party or any of its representatives, control persons or affiliates, including, without limitation, the rules and regulations of the SEC, the American Stock Exchange, or the NASD, or as may be required to defend any action brought against such person in connection with the transactions contemplated by this Agreement. (b) Notwithstanding the above, the Seller hereby consents to the filing by EIAC of a current report on Form 8-K with the SEC announcing the transaction contemplated by this Agreement upon the execution of this Agreement in such form as shall be agreed between EIAC Purchaser and the Seller before the execution of this Agreement. (c) Any other press release or other public announcement by the Seller or EIAC or their respective representatives relating to the transactions contemplated by the Agreement shall be agreed between EIAC and the Seller prior to the public release or dissemination of same (any such agreement consents not to be unreasonably withheld or delayed). ) PROVIDED further that nothing shall restrict the making by the Seller (deven in the absence of agreement by the other parties) For of the purposes announcement or the making of this Section 19, “Confidential Information” means any information relating to EIACstatement which may be required or called for by the requirements of the UK Listing Authority, the BuyerCode or the Panel, or the United States Securities Exchange Commission but, having regard to any applicable time constraints, the SellerSeller shall give the Purchaser a reasonable opportunity to review and comment on the announcement or statement and, after having given such comments due and proper consideration, the SPVsSeller may, their directorsbut shall be under no obligation to, officers, representatives, employees, agents incorporate all or advisers obtained whether before or after the date of this Agreement in any form from or pursuant to discussions with EIAC, the Buyer, the Seller, the SPVs, or any of their directors, officers, representatives, employees, agents or advisers unless it is publicly known either at the date part of the disclosure Purchaser's comments in the announcement or at any time thereafter (other than by breach of this Agreement)statement.

CONFIDENTIALITY AND ANNOUNCEMENTS. 30.1 Subject to Clauses 30.3 and 30.6, each party: (a) The shall treat, and shall procure that each of its Affiliates shall treat, as strictly confidential: (i) the provisions of this Deed and the other Transaction Documents (including the identities of the parties to this Agreement agree that such agreements), their subject matter, any documents referred to in them, and the existence and terms process of this Agreement are strictly confidential and further agree that they and their negotiation; (ii) in the case of the Seller or the Seller Guarantor, any information received or held by the Seller, the Seller Guarantor, or any of their respective representatives shall not disclose Representatives which relates to the public Buyer Group; and (iii) in the case of the Buyer or to the Buyer Guarantor, any third party information directly or indirectly received or held by the existence or terms of this Agreement Buyer, the Buyer Guarantor, or any other of their respective Representatives which relates to the Seller Group, (together “Confidential Information Information”); and (as defined belowb) other than shall not, and shall procure that its Affiliates shall not, except with the express prior written consent of the other partyparty to whom the Confidential Information relates (which shall not be unreasonably withheld, delayed or conditioned), make use of (except as may be required by applicable law, rule for the purposes of performing its obligations or regulation, or at the request of any Governmental Authority having jurisdiction over such party exercising its rights under this Deed or any other Transaction Document) or disclose to any person (other than its Representatives in accordance with Clause 30.2) any Confidential Information, and for the purposes of its representatives, control persons or affiliates, including, without limitationthis Clause 30, the rules term “Affiliates” includes the Group Companies with respect to the Seller before Completion and regulations with respect to the Buyer after Completion. 30.2 Each party undertakes that it shall, and it shall procure that its Affiliates shall, only disclose Confidential Information to its Representatives where: (a) it is reasonably required for the purposes of performing its obligations or exercising its rights under this Deed or any other Transaction Document (including in respect of the SEC, the American Stock Exchange, or the NASD, or as may be required to defend any action brought against such person in connection with the transactions contemplated by this Agreement.Pre-emption Rights); or (b) Notwithstanding it is reasonably required for the abovepurposes of refinancing any financing put in place and / or obtaining financing to enable the Buyer to perform its obligations under this Deed or any other Transaction Document, only where such recipients are informed of the confidential nature of the Confidential Information and the provisions of this Clause 30 and instructed to comply with this Clause 30 as if they were a party to it. 30.3 The Seller hereby consents may disclose Confidential Information to any Joint Venture Participant if such Joint Venture Participant is informed of the confidential nature of the Confidential Information and the provisions of this Clause 30 and instructed to comply with this Clause 30 as if they were a party to it. 30.4 Subject to Clauses 30.5 and 30.6, each party shall not (and shall procure that its Affiliates shall not) make any announcement (including any communication to the filing by EIAC public, to any customers, suppliers or employees of a current report on Form 8-K with any Group Company) concerning the SEC announcing the transaction contemplated by this Agreement upon the execution subject matter of this Agreement in such form as Deed without the other parties’ written consent (which shall be agreed between EIAC and the Seller before the execution of this Agreement. (c) Any other press release or other public announcement by the Seller or EIAC or their respective representatives relating to the transactions contemplated by the Agreement shall be agreed between EIAC and the Seller prior to the public release or dissemination of same (such agreement not to be unreasonably withheld or delayed). 30.5 As soon as practicable after each of the date of this Deed and Completion the Seller and the Buyer: (a) may make individual announcements regarding the Transaction; and / or (b) shall procure that a joint announcement of the Transaction is made, in each case by way of press release in Agreed Form. 30.6 Clauses 30.1, 30.2 and 30.3 will not apply if and to the extent that the party using or disclosing Confidential Information or making such announcement can demonstrate that: (a) such disclosure or announcement is required by Law or by any Authority (including, for the avoidance of doubt, any Tax Authority) having applicable jurisdiction, the rules of a Stock Exchange or the securities laws of the United States of America; (b) such disclosure is required for the purposes of the transactions contemplated by the Transaction Documents or the Jellinbah SPA (including any arbitral or judicial proceedings arising out of any of the Transaction Documents or the Jellinbah SPA); (c) such disclosure is required for the purposes or the preparation of, or to be included within any accounts, financial statements and / or the tax returns or other submissions to or communications with any Tax Authority in connection with the tax affairs of the disclosing party or its Affiliate; (d) For such disclosure or announcement is required to facilitate any assignment or proposed assignment of the purposes whole or any part of the rights or benefits under this Section 19Deed which is permitted by Clause 39; or (e) the Confidential Information concerned has come into the public domain other than through that party’s fault (or that of its Representatives) or the fault of any person to whom such Confidential Information has been disclosed in accordance with this Clause 30.6. 30.7 Notwithstanding anything to the contrary contained in this Deed, “Confidential Information” means the Buyer Group and its respective Representatives may disclose any information relating to EIACthe Seller or the transactions contemplated by the Transaction Documents to any Financing Sources or rating agencies (in each case, without any obligation on the Buyerpart of the Financing Sources or rating agencies to comply with the terms of this clause) so long as: (a) in the case of any Financing Source, such Financing Source is subject to confidentiality undertakings set forth in the SellerCommitment Letter or that are at least as restrictive as those to the Financing Sources under the Commitment Letter; or (b) in the case of any rating agency, the SPVs, their directors, officers, representatives, employees, agents such rating agency is subject to customary confidentiality undertakings with respect to dissemination of such information to such rating agency. 30.8 The provisions of this Clause 30 will survive termination of this Deed or advisers obtained whether before or after Completion and will continue for a period of five years from the date of this Agreement in any form from or pursuant to discussions with EIAC, the Buyer, the Seller, the SPVs, or any of their directors, officers, representatives, employees, agents or advisers unless it is publicly known either at the date of the disclosure or at any time thereafter (other than by breach of this Agreement)Deed.

CONFIDENTIALITY AND ANNOUNCEMENTS. 12.1 Subject to Clause 12.2, each Party: (a) The parties to this Agreement agree that shall treat as strictly confidential: (i) the existence and terms provisions of this Agreement are strictly confidential and further agree that they and the process of their respective negotiation; (ii) in the case of Saudi Aramco, any information received or held by Saudi Aramco or any of its representatives shall not disclose which relates to the public Company or, following an Asset Contribution Closing Date, the relevant Assets; (iii) in the case of Rowan, any information received or to any third party the existence or terms of this Agreement held by Rowan or any other of its representatives which relates to the Company or, following an Asset Contribution Closing Date, the relevant Assets; and (iv) in the case of the Company, any information received or held by the Company or any of its representatives which relates to Saudi Aramco or, prior to an Asset Contribution Closing Date, the relevant Assets, (together “Confidential Information Information”); and (as defined belowb) other than shall not, except with the express prior written consent of the other party, except as may be required by applicable law, rule or regulation, or at the request of any Governmental Authority having jurisdiction over such party or any of its representatives, control persons or affiliates, including, without limitation, the rules and regulations of the SEC, the American Stock Exchange, or the NASD, or as may be required to defend any action brought against such person in connection with the transactions contemplated by this Agreement. Parties (b) Notwithstanding the above, the Seller hereby consents to the filing by EIAC of a current report on Form 8-K with the SEC announcing the transaction contemplated by this Agreement upon the execution of this Agreement in such form as which shall be agreed between EIAC and the Seller before the execution of this Agreement. (c) Any other press release or other public announcement by the Seller or EIAC or their respective representatives relating to the transactions contemplated by the Agreement shall be agreed between EIAC and the Seller prior to the public release or dissemination of same (such agreement not to be unreasonably withheld or delayed), make use of (save for the purposes of performing its obligations under this Agreement) or disclose to any person (other than its representatives in accordance with Clause 12.3) any Confidential Information. 12.2 Clause 12.1 shall not apply to the disclosure of Confidential Information if and to the extent: (a) such disclosure is required by any laws, rules, regulations, directives or orders promulgated by any governmental authority or body having, or claiming to have, jurisdiction over the Parties or the operations hereunder; (b) the Confidential Information concerned has come into the public domain other than through its fault (or that of its representatives) or the fault of any person to whom such Confidential Information has been disclosed in accordance with this Clause 12; (c) has been lawfully disclosed to the relevant Party by a third party and that it has acquired free from any obligation of confidence to any other person; (d) For such disclosure is to its professional advisers and Affiliates in relation to the negotiation, entry into or performance of this Agreement or any matter arising out of the same (provided that such persons are required to treat such information as confidential); (e) such disclosure is required to facilitate the obtaining of any consents required for the contribution, transfer and delivery of any of the applicable Assets to the Company; or (f) such disclosure is permitted in accordance with the Shareholders’ Agreement. 12.3 Each Party undertakes that it shall (and shall procure that its Affiliates shall) only disclose Confidential Information to a person referred to in Clause 12.2(d) or 12.2(e) where it is reasonably required for the purposes of exercising its rights or performing its obligations under this Section 19Agreement and the other Transaction Agreements and only where such persons are informed of the confidential nature of the Confidential Information and provisions of this Clause 12. 12.4 No Party shall make any announcement (including any communication to the public, “Confidential Information” means to any information relating to EIACcustomers, suppliers or employees or their Affiliates) concerning the Buyer, the Seller, the SPVs, their directors, officers, representatives, employees, agents or advisers obtained whether before or after the date subject matter of this Agreement in any form from or pursuant to discussions with EIAC, without the Buyer, the Seller, the SPVs, or any of their directors, officers, representatives, employees, agents or advisers unless it is publicly known either at the date prior written consent of the disclosure other (which shall not be unreasonably withheld or at any time thereafter (other than by breach delayed) or where permitted under the terms of the Shareholders’ Agreement. 12.5 The provisions of this Agreement)Clause 12 shall survive the termination of this Agreement and shall continue for a period of three (3) years therefrom.

CONFIDENTIALITY AND ANNOUNCEMENTS. (a) The parties agree to this be bound by and comply with the provisions set forth in the Confidentiality Agreement, the provisions of which are hereby incorporated herein by reference; provided, however, that effective upon the Closing, Buyer's obligations under the Confidentiality Agreement agree that the existence and terms of this Agreement are strictly confidential and further agree that they and their respective representatives shall not disclose terminate with respect to information to the public extent relating to the Company or its business or operations and with respect to any third party the existence or terms of this Agreement or any other Confidential Information (as defined below) other than with the express prior written consent of the other party, except as may be required by applicable law, rule or regulation, or at the request of any Governmental Authority having jurisdiction over such party or any of its representatives, control persons or affiliates, including, without limitation, the rules and regulations of the SEC, the American Stock Exchange, or the NASD, or as may be required disclosure relating to defend any action brought against such person in connection with the transactions contemplated by this Agreementhereby. (b) Notwithstanding For a period of four years from and after the aboveClosing, Holdings shall, and shall cause OMAM and the Centralized Entities and its and their respective officers, directors, employees and advisors (other than any directors of OMAM or Holdings who are not officers or employees of Holdings, OMAM or any Centralized Entity) (each a "Restricted Person") to, keep confidential and not use for its benefit or for the benefit of any other Person, and will not disclose to any other Person, any and all Restricted Information. For the avoidance of doubt, there shall be no restriction on the use or disclosure by Holdings, OMAM and the Centralized Entities or their respective officers, directors, employees and advisors of information described in clause (iii) of the second sentence of the definition of Restricted Information. Holdings shall be liable hereunder for any failure by any Restricted Person to comply with this Section 5.9(b); provided, however, that Holdings shall not be liable under this Section 5.9(b) with respect to any disclosure of Restricted Information to the extent such disclosure is (i) compelled by legal process (by interrogatories, subpoena, civil investigative demand or similar process) so long as the last sentence of this Section 5.9(b) has been complied with or (ii) in the opinion of its counsel, required by Applicable Law (including without limitation the Securities Act, the Seller hereby consents Exchange Act or any U.S. national or foreign stock exchange). Prior to making any disclosure of Restricted Information otherwise permitted pursuant to clause (i) of the proviso to the filing by EIAC first sentence of this Section 5.9(b), the Restricted Person proposing to make such disclosure shall provide the Company with prompt written notice of the legal process requiring such disclosure so that the Company may seek a protective order or other appropriate remedy and/or waive compliance with the provisions of this Section 5.9(b). If, in the absence of a current report protective order or other remedy or the receipt of a waiver made by the Company, the Restricted Person is nonetheless, in the opinion of its counsel, legally compelled to disclose Restricted Information to any tribunal or else stand liable for contempt or suffer other censure or penalty, the Restricted Person may, without liability on Form 8-K the part of Holdings hereunder, disclose to such tribunal only that portion of such information which such counsel advises the Restricted Person is legally required to be disclosed, provided that the Restricted Person exercises its reasonable best efforts to preserve the confidentiality of such information, including by cooperating with the SEC announcing Company to obtain an appropriate protective order or other reliable assurance that confidential treatment will be accorded such information by such tribunal. The parties acknowledge that the transaction contemplated by this Agreement upon Company and Buyer, on the execution one hand, and Holdings and its Affiliates (within the meaning of this Agreement in such form as shall be agreed between EIAC and the Seller before first sentence only of the execution definition of this Agreement"Affiliate"), on the other hand, will compete following the Closing. (c) Any Subject to Sections 5.11(a) and (b), prior to the Closing the parties to this Agreement shall consult with each other as to the form, substance and timing of any press release or other public announcement by the Seller disclosure related to this Agreement or EIAC or their respective representatives relating to the transactions contemplated by the Agreement hereby and no such press release or other public disclosure shall be agreed between EIAC and made without the Seller prior to consent of the public release or dissemination of same (such agreement other parties, which consent shall not to be unreasonably withheld or delayed). (d) For ; provided, however, that the purposes of this Section 19, “Confidential Information” means any information relating parties may make such disclosure to EIAC, the Buyer, extent required by Applicable Law or the Seller, the SPVs, their directors, officers, representatives, employees, agents or advisers obtained whether before or after the date of this Agreement in any form from or pursuant to discussions with EIAC, the Buyer, the Seller, the SPVs, or any of their directors, officers, representatives, employees, agents or advisers unless it is publicly known either at the date applicable rules of the disclosure or at any time thereafter (African Exchanges, based on advice of counsel, after making all reasonable best efforts under the circumstances to consult with each other than by breach of this Agreement)prior to such disclosure.

CONFIDENTIALITY AND ANNOUNCEMENTS. 11.1 Each Selling Shareholder undertakes to the Buyer and subject to clause 11.3, the Buyer undertakes to the Selling Shareholders, to keep confidential the terms of this deed and all information about the Company and its Subsidiaries and the Buyer and the Buyer’s Group and use the information only for the purposes contemplated by this deed. 11.2 Neither party is required to keep confidential or to restrict its use of: (a) The parties to this Agreement agree information that is or becomes public knowledge other than as a direct or indirect result of the existence and terms information being disclosed in breach of this Agreement are strictly confidential and further agree that they and their respective representatives shall not disclose to the public or to any third party the existence or terms of this Agreement or any other Confidential Information (as defined below) other than with the express prior written consent of the other party, except as may be required by applicable law, rule or regulation, or at the request of any Governmental Authority having jurisdiction over such party or any of its representatives, control persons or affiliates, including, without limitation, the rules and regulations of the SEC, the American Stock Exchange, or the NASD, or as may be required to defend any action brought against such person in connection with the transactions contemplated by this Agreement.deed; or (b) Notwithstanding information that the above, the Seller hereby consents to the filing by EIAC of a current report on Form 8-K with the SEC announcing the transaction contemplated by this Agreement upon the execution of this Agreement parties agree in such form as shall be agreed between EIAC and the Seller before the execution of this Agreement.writing is not confidential; or (c) Any information about the other press release party’s Group, or the Company and the Company’s Subsidiaries, that it finds out from a source not connected with that Group, the Company or the Company’s Subsidiaries, and that it has acquired free from any obligation of confidence to any other public announcement by person. 11.3 Notwithstanding clause 11.1, the Seller Buyer does not have to keep confidential or EIAC or their respective representatives relating restrict its use of: (a) information about the Company and its Subsidiaries after Closing (which information becomes the property of the Buyer on Closing); or (b) information that is known to the transactions contemplated by Buyer before the Agreement shall be agreed between EIAC date of this deed and that it has acquired free from any obligation of confidence to any other person. 11.4 Either party may disclose any information that it is otherwise required to keep confidential under this clause: (a) to such employees, professional advisers, consultants, or officers of its Group as are reasonably necessary to advise on this deed, or to facilitate the Transaction, if the disclosing party procures that the people to whom the information is disclosed keep it confidential as if they were that party; or (b) with the other party’s written consent; or (c) to confirm that the sale has taken place and the Seller prior to date of the public release sale (but without otherwise revealing any other terms of sale or dissemination of same (such agreement not to be unreasonably withheld or delayedmaking any other announcement).; or (d) For in any filing with the US Securities and Exchange Commission if required by US securities laws or regulations; or (e) to the extent that the disclosure is required: (i) by law; or (ii) by a regulatory body, tax authority or securities exchange; or (iii) to make any filing with, or obtain any authorisation from, a regulatory body, tax authority or securities exchange; or (iv) to protect the disclosing party’s interest in any legal proceedings, but shall use reasonable efforts to consult the other party and to take into account any reasonable requests it may have in relation to the disclosure before making it. 11.5 Each party shall supply the other with any information about itself, its Group or this deed as the other may reasonably require for the purposes of this Section 19satisfying the requirements of a law, “Confidential Information” means any information relating regulatory body or securities exchange to EIAC, which the Buyer, the Seller, the SPVs, their directors, officers, representatives, employees, agents or advisers obtained whether before or after the date of this Agreement in any form from or pursuant to discussions with EIAC, the Buyer, the Seller, the SPVs, or any of their directors, officers, representatives, employees, agents or advisers unless it requiring party is publicly known either at the date of the disclosure or at any time thereafter (other than by breach of this Agreement)subject.

CONFIDENTIALITY AND ANNOUNCEMENTS. (a) The parties agree to this Agreement agree that be bound by and comply with the existence provisions set forth in the Confidentiality Agreements, the provisions of which Confidentiality Agreements are hereby incorporated herein by reference. Effective upon, and terms of this Agreement are strictly confidential and further agree that they and their respective representatives only upon, the Closing, Buyer's obligations under the Confidentiality Agreements shall not disclose terminate with respect to information to the public or extent relating solely to any third party the existence or terms of this Agreement or any other Confidential Information (as defined below) other than with the express prior written consent of the other partyCompany, except as may be required by applicable law, rule or regulation, or at the request of any Governmental Authority having jurisdiction over such party or any of its representatives, control persons or affiliates, including, without limitationSubsidiaries, the rules Non-Registered Funds and regulations of the SEC, Funds and the American Stock Exchange, or parties' obligations under the NASD, or as may be required Confidentiality Agreements shall terminate with respect to defend any action brought against such person in connection with disclosure relating to the transactions contemplated by this Agreementhereby; provided, however, that Buyer's obligations under the Confidentiality Agreements with respect to information obtained from and/or regarding Parent shall survive the Closing. (b) From and after the Closing, each of Parent, the Members and the Company Principals shall, and shall cause each of their Affiliates and its and their officers, directors, employees and advisors to, keep confidential and not use for its benefit or for the benefit of any other Person, any and all non-public information relating to the Company, its Subsidiaries, its Clients, the Non-Registered Funds and the Funds; provided, however, that Parent, the Members and/or the Company Principals, as the case may be, shall not be liable hereunder with respect to any disclosure to the extent such disclosure is (i) compelled by legal process (by interrogatories, subpoena, civil investigative demand or similar process) or (ii) required, based upon the written advice of counsel, pursuant to the requirements of any Applicable Law (including without limitation the Securities Act of 1933, as amended, the Securities Exchange Act of 1934, as amended, or any rule or regulation promulgated under either Act or any national stock exchange). Notwithstanding the aboveforegoing, such non-public information shall not include information that (i) is or becomes part of the public domain through no fault of Parent, the Seller hereby consents Members or the Company Principals (provided that information shall not be deemed to be within such exclusion merely because it is embraced by general disclosures in the public domain); (ii) is lawfully disclosed to Parent, the Members or the Company Principals by a third party not bound by an obligation of confidentiality; or (iii) is independently developed by Parent, the Members or the Company Principals without reference to or the use of such non-public information. (c) Subject to Section 5.11(a) and (b), the parties to this Agreement shall consult with each other as to the filing form, substance and timing of any press release or other public disclosure related to this Agreement or the transactions contemplated hereby and no such press release or other public disclosure shall be made without the consent of the other parties, which consent shall not be unreasonably withheld or delayed; provided, however, that the parties may make such disclosure to the extent (i) such disclosure is compelled by EIAC legal process (by interrogatories, subpoena, civil investigative demand or similar process) or (ii) such disclosure is required, based upon the written advice of counsel, pursuant to the requirements of any Applicable Law (including without limitation the Securities Act, the Exchange Act, or any rule or regulation promulgated by any national stock exchange); provided, however ,that following the execution of this Agreement, it is understood and agreed that Parent and Buyer each shall be permitted to file with the SEC a current report Current Report on Form 8-K with under the SEC announcing the transaction contemplated by this Agreement upon the execution of this Agreement Exchange Act in such form as shall be agreed between EIAC and the Seller before order to disclose the execution of this Agreement. (c) Any other press release or other public announcement by the Seller or EIAC or their respective representatives relating to the transactions contemplated by the Agreement shall be agreed between EIAC and the Seller prior to the public release or dissemination of same (such agreement not to be unreasonably withheld or delayed). (d) For the purposes of this Section 19, “Confidential Information” means any information relating to EIAC, the Buyer, the Seller, the SPVs, their directors, officers, representatives, employees, agents or advisers obtained whether before or after the date which Form may include a copy of this Agreement in any form from or pursuant to discussions with EIAC, the Buyer, the Seller, the SPVs, or any of their directors, officers, representatives, employees, agents or advisers unless it is publicly known either at the date of the disclosure or at any time thereafter (other than by breach of the Company Disclosure Schedule, the Buyer Disclosure Schedule and the Exhibits to this Agreement)) as an exhibit to such Form 8-K, without the prior consent of any of the other parties hereto.

CONFIDENTIALITY AND ANNOUNCEMENTS. (a) The parties agree to this Agreement agree that be bound by and comply with the existence and terms provisions set forth in the Confidentiality Agreement, the provisions of this Agreement which are strictly confidential hereby incorporated herein by reference, and further agree that they the Confidentiality Agreement shall terminate upon the Closing (other than with respect to any nonpublic information relating to Buyer, Parent, Seller or their respective Subsidiaries except for the Companies and their respective representatives Subsidiaries). In addition, without limiting the foregoing, from the date hereof through the Closing, Buyer and Parent shall keep confidential and not use for its benefit or for the benefit of any other Person (other than the Companies and their Subsidiaries) any and all nonpublic information relating to any of the Companies or their Subsidiaries, including the identity of and the mandates of Clients. (b) From and after the Closing, Seller shall keep confidential all material nonpublic information in its possession relating to the Buyer, Parent, any of the Companies and their Subsidiaries; provided, however, that Seller shall not disclose be liable hereunder with respect to any disclosure to the extent such disclosure is required pursuant to legal process (including pursuant to the assertion of Seller's rights under this Agreement), regulatory process or request, or to the extent such disclosure is reasonably necessary for purposes of compliance by Seller or its Affiliates with Tax or regulatory reporting requirements, provided, however, that in the event of any disclosure pursuant to legal process (other than disputes arising out of this Agreement) Seller exercises its commercially reasonable efforts to preserve the confidentiality of the material nonpublic information disclosed, including by cooperating with Buyer to permit Buyer to obtain an appropriate protective order or other reliable assurance that confidential treatment will be accorded the nonpublic information required to be disclosed. The parties agree that the term “material nonpublic information” as used in this Section 4.4 does not include any information that: (i) is or becomes generally available to the public other than as a result of disclosure directly or indirectly by a party or a party's representative in violation of this Agreement; (ii) is or becomes available to a party or a party's representative on a non-confidential basis from a source other than, in the case of the Seller, the Buyer, Parent or any of the Companies and their Subsidiaries, and in the case of the Buyer, Parent or any of the Companies and their Subsidiaries, the Seller, unless the such party knows after reasonable inquiry that such source is prohibited from disclosing the information by a contractual, fiduciary or other legal obligation; or (iii) the disclosing party can show was independently acquired or developed by or for it or its representatives without the use of material nonpublic information of, in the case of the Seller, the Buyer, Parent or any of the Companies and their Subsidiaries, and in the case of the Buyer, Parent or any of the Companies and their Subsidiaries, the Seller. For the avoidance of doubt, Seller and Buyer acknowledge and agree that (A) Seller and its Affiliates on the one hand, and Buyer and its Affiliates on the other hand, may possess information regarding certain clients and customers that would concurrently be material nonpublic information of the other; and (B) the use of such material non-public information contemplated in (A) in the operation of a party's respective business shall not be in breach of the provisions of this Section 4.4. (c) From and after the Closing, each of Buyer and Parent shall keep confidential all material non-public information in its possession relating to Seller and its Affiliates other than such information relating to the Companies and their Subsidiaries; provided, however, that neither Buyer nor Parent shall be liable hereunder with respect to any disclosure to the extent such disclosure is required pursuant to legal process (including pursuant to the assertion of Buyer's rights under this Agreement) or regulatory process or request, or to the extent such disclosure is reasonably necessary for purposes of compliance by Seller or its Affiliates with Tax or regulatory reporting requirements, provided, however that in the event of any third party disclosure pursuant to legal process (other than disputes arising out of this Agreement) Buyer or Parent, as applicable, exercises its commercially reasonable efforts to preserve the existence confidentiality of the material nonpublic information disclosed, including by cooperating with Seller to permit Seller to obtain an appropriate protective order or terms other reliable assurance that confidential treatment will be accorded the nonpublic information required to be disclosed. (d) Seller and Buyer shall consult with each other as to the form, substance and timing of any press release or other public disclosure related to this Agreement or any the transactions contemplated hereby, and no such press release or other Confidential Information (as defined below) other than with public disclosure shall be made without the express prior written consent or approval of the other party, except as which consent or approval shall not be unreasonably withheld, conditioned or delayed; provided, however, that (i) either party may be make such disclosure to the extent required by applicable lawApplicable Law, rule based on advice of counsel, after making reasonable efforts under the circumstances to consult with the other with respect to the timing and content thereof prior to such disclosure and (ii) either party may make any disclosure related to this Agreement or regulation, or at the request of any Governmental Authority having jurisdiction over such party or any of its representatives, control persons or affiliates, including, without limitation, the rules and regulations of the SEC, the American Stock Exchange, or the NASD, or as may be required to defend any action brought against such person in connection with the transactions contemplated by this Agreement. (b) Notwithstanding hereby without the above, prior written consent or approval of the Seller hereby consents other party to the filing by EIAC of a current report on Form 8-K with extent the SEC announcing the transaction contemplated by this Agreement upon the execution of this Agreement information contained in such form as disclosure has been previously approved in accordance with this Section 4.4(d) or is otherwise permitted by an exception provided in Section 4.4(b). Notwithstanding anything in Section 4.4 to the contrary, nothing in this Section 4.4 shall be agreed between EIAC and the prevent Buyer, Parent or Seller before the execution of this Agreement. (c) Any other press release or other public announcement by the Seller or EIAC or their respective representatives relating Affiliates from undertaking confidential communications on a need to the transactions contemplated by the Agreement shall be agreed between EIAC and the Seller prior to the public release know basis with their respective lenders, security holders, customers, suppliers or dissemination of same (such agreement not to be unreasonably withheld or delayed). (d) For the purposes of this Section 19, “Confidential Information” means any information relating to EIAC, the Buyer, the Seller, the SPVs, their directors, officers, representatives, employees, agents or advisers obtained whether before or after the date of this Agreement in any form from or pursuant to discussions with EIAC, the Buyer, the Seller, the SPVs, or any of their directors, officers, representatives, employees, agents or advisers unless it is publicly known either at the date of the disclosure or at any time thereafter (other than by breach of this Agreement).

CONFIDENTIALITY AND ANNOUNCEMENTS. 10.1 Each of the Sellers severally undertakes to the Buyer to keep confidential the terms of this agreement and all information which they have acquired about the Company and the Buyer’s Group (as such Group is constituted immediately before Completion) and, in the case of the Buyer, all information which it has acquired about the Company and to use the information only for the purposes contemplated by this agreement. 10.2 A party does not have to keep confidential or to restrict its use of: (a) The parties to this Agreement agree information that the existence and terms is or becomes public knowledge other than as a direct or indirect result of a breach of this Agreement are strictly confidential and further agree that they and their respective representatives shall not disclose to the public or to any third party the existence or terms of this Agreement or any other Confidential Information (as defined below) other than with the express prior written consent of the other party, except as may be required by applicable law, rule or regulation, or at the request of any Governmental Authority having jurisdiction over such party or any of its representatives, control persons or affiliates, including, without limitation, the rules and regulations of the SEC, the American Stock Exchange, or the NASD, or as may be required to defend any action brought against such person in connection with the transactions contemplated by this Agreement.agreement; or (b) Notwithstanding the above, the Seller hereby consents to the filing by EIAC of information that it receives from a current report on Form 8-K source not connected with the SEC announcing party to whom the transaction contemplated by duty of confidence is owed that it acquires free from any obligation of confidence to any other person. 10.3 Any party may disclose any information that it is otherwise required to keep confidential under clause 10: (a) to such professional advisers, consultants and employees or officers of its Group as are reasonably necessary to advise on this Agreement upon agreement, or to facilitate the execution Transaction, if the disclosing party procures that the people to whom the information is disclosed keep it confidential as if they were that party; or (b) with the written consent of this Agreement in such form as shall be agreed between EIAC and all the Seller before the execution of this Agreement.other parties; or (c) Any other press release or other public announcement by with the Seller or EIAC or their respective representatives relating written consent of one party, if such information relates only to that party; or (d) to confirm that the transactions contemplated by the Agreement shall be agreed between EIAC sale has taken place, and the Seller prior to date of the public release sale (but without otherwise revealing any other items of sale or dissemination of same (such agreement not to be unreasonably withheld or delayedmaking any other announcement). (de) For to the extent that the disclosure is required: (i) by law; or (ii) by a regulatory body, Taxation Authority or securities exchange; or (iii) to make any filing with, or obtain any authorisation from, a regulatory body, Taxation Authority or securities exchange; or (iv) under any arrangements in place under which negotiations relating to terms and conditions of employment are conducted; or (v) to protect the disclosing parry’s interest in any legal proceedings, but shall use reasonable endeavours to consult the other parties and to take into account any reasonable requests they may have in relation to the disclosure before making it. 10.4 Each party shall supply any other party with any information about itself, its Group or this agreement as such other party may reasonably require for the purposes of this Section 19satisfying the requirements of a law, “Confidential Information” means any information relating regulatory body or securities exchange to EIAC, the Buyer, the Seller, the SPVs, their directors, officers, representatives, employees, agents or advisers obtained whether before or after the date of this Agreement in any form from or pursuant to discussions with EIAC, the Buyer, the Seller, the SPVs, or any of their directors, officers, representatives, employees, agents or advisers unless it which such other party is publicly known either at the date of the disclosure or at any time thereafter (other than by breach of this Agreement)subject.

CONFIDENTIALITY AND ANNOUNCEMENTS. (a) The Buyer and Sequana shall agree with each other on behalf of the parties hereto as to the form and substance of any press release related to this Agreement agree or the transactions contemplated hereby; provided, however, that nothing contained herein shall prohibit (i) any party from making any disclosure required by Applicable Law or applicable rules of any national securities exchange, (ii) the Companies and the Sellers from making any disclosure regarding the existence and terms of this Agreement are strictly confidential to Clients of the Companies and further agree that they shareholders, interest holders, limited partners or other investors in the Funds and their (iii) any disclosure by each of Buyer or Sequana by its respective representatives shall not disclose to the officers in periodic public or to any third party the existence or terms of analysts’ conferences, periodic regulatory filings and other investor relations materials regarding this Agreement or any other Confidential Information (as defined below) other than with the express prior written consent of the other party, except as may be required by applicable law, rule or regulation, or at the request of any Governmental Authority having jurisdiction over such party or any of its representatives, control persons or affiliates, including, without limitation, the rules and regulations of the SEC, the American Stock Exchange, or the NASD, or as may be required to defend any action brought against such person in connection with the transactions contemplated by hereby. Notwithstanding anything herein to the contrary, neither Buyer nor the Sellers shall make any written or verbal statements regarding the potential operation of Permal after the Initial Closing other than as explicitly set forth in this Agreement, including the Exhibits hereto. (b) Notwithstanding Except, in the abovecase of the Management Shareholders, the Seller hereby consents to the filing extent otherwise provided in the Employment Agreements, for a period of twenty-four (24) months after the Initial Closing, each Seller shall, and shall cause each of its Affiliates and Representatives to, keep confidential and not disclose to any other person or use for such Person’s own benefit or the benefit of any other person any Confidential Information. The obligations of the Sellers under this Section 6.4(b) shall not apply to information which (i) is or becomes generally available to the public without breach of the commitment provided in this Section 6.4 by EIAC such Seller, (ii) was available to such Seller (other than from the Companies or their predecessors) on a nonconfidential basis prior to its disclosure by Buyer or any of its Representatives, (iii) becomes available to a current report Seller following the Initial Closing on Form 8-K with the SEC announcing the transaction contemplated by this Agreement upon the execution of this Agreement in such form as shall be agreed between EIAC and the Seller before the execution of this Agreement. a nonconfidential basis from a person (c) Any other press release or other public announcement by than the Seller or EIAC or their respective representatives relating to the transactions contemplated by the Agreement shall be agreed between EIAC and the Seller prior to the public release or dissemination of same (such agreement its Representatives) who is not known to be unreasonably withheld or delayed). (d) For the purposes of this Section 19prohibited from disclosing such information to such Seller by a legal, “Confidential Information” means any information relating to EIAC, the Buyer, the Seller, the SPVs, their directors, officers, representatives, employees, agents or advisers obtained whether before or after the date of this Agreement in any form from or pursuant to discussions with EIAC, the Buyer, the Seller, the SPVs, or any of their directors, officers, representatives, employees, agents or advisers unless it is publicly known either at the date of the disclosure or at any time thereafter (other than by breach of this Agreement).contractual or

CONFIDENTIALITY AND ANNOUNCEMENTS. (a) 10.1 The parties Seller undertakes to this Agreement agree that the existence and Buyer to keep confidential the terms of this Agreement are strictly confidential and further agree that they all information about the Buyer and their respective representatives shall not disclose to about the public or to any third party Company, and use the existence or terms of this Agreement or any other Confidential Information (as defined below) other than with information only for the express prior written consent of the other party, except as may be required by applicable law, rule or regulation, or at the request of any Governmental Authority having jurisdiction over such party or any of its representatives, control persons or affiliates, including, without limitation, the rules and regulations of the SEC, the American Stock Exchange, or the NASD, or as may be required to defend any action brought against such person in connection with the transactions purposes contemplated by this Agreement. (b) Notwithstanding the above, 10.2 The Buyer undertakes to the Seller hereby consents to keep confidential the filing by EIAC of a current report on Form 8-K with the SEC announcing the transaction contemplated by this Agreement upon the execution terms of this Agreement in such form as shall be agreed between EIAC and all information that it has acquired about the Seller before and to use the execution of information only for the purposes contemplated by this Agreement. 10.3 Neither Party is required to keep confidential or to restrict its use of: (a) information that is or becomes public knowledge other than as a direct or indirect result of the information being disclosed in breach of this Agreement; or (b) information that the Parties agree in writing is not confidential; or (c) Any information about the other press release Party or the Company that it finds out from a source not connected with that Party or the Company and that it has acquired free from any obligation of confidence to any other public announcement by person. 10.4 The Buyer does not have to keep confidential or restrict its use of: (a) information about the Seller or EIAC or their respective representatives relating Company after Closing; or (b) information that is known to the transactions contemplated by the Agreement shall be agreed between EIAC and the Seller prior to the public release or dissemination of same (such agreement not to be unreasonably withheld or delayed). (d) For the purposes of this Section 19, “Confidential Information” means any information relating to EIAC, the Buyer, the Seller, the SPVs, their directors, officers, representatives, employees, agents or advisers obtained whether Buyer before or after the date of this Agreement in and that it has acquired free from any form from or pursuant obligation of confidence to discussions with EIACany other person. 10.5 Either Party may disclose any information that it is otherwise required to keep confidential under this Clause: (a) to such of its employees, the Buyerprofessional advisers, the Seller, the SPVsconsultants, or any of their directorsofficers as are reasonably necessary to advise on this Agreement, officersor to facilitate the Transaction, representativesif the disclosing Party procures that the people to whom the information is disclosed keep it confidential as if they were that Party; or (b) with the other Party’s written consent (such consent not to be unreasonably withheld, employees, agents delayed or advisers unless it is publicly known either at conditioned); or (c) to confirm that the sale has taken place and the date of the sale (including any relevant terms of the Agreement) for the purposes of making an announcement to the media, but the non-disclosing Party shall give its prior written consent to the disclosure such consent not to be unreasonably withheld, delayed or at conditioned; or (d) to the extent that the disclosure is required: (i) by the Laws; or (ii) by a regulatory body, tax authority or securities exchange; or (iii) to make any time thereafter filing with, or obtain any authorisation from, a Governmental Authority, regulatory body, tax authority or securities exchange; or (iv) under any arrangements in place under which negotiations relating to terms and conditions of employment are conducted; or (v) to protect the disclosing Party’s interest in any legal proceedings, but shall use reasonable endeavours to consult the other than by breach Party and to take into account any reasonable requests it may have in relation to the disclosure before making it. 10.6 Each Party shall supply the other with any information about itself or this Agreement as the other may reasonably require for the purposes of this Agreement)satisfying the requirements of any the Laws, regulatory body or securities exchange to which the requiring Party is subject. 10.7 This Clause shall continue to have effect for the period of thirty six (36) months from the Closing Date.

CONFIDENTIALITY AND ANNOUNCEMENTS. 19.1 Subject to subclause 19.2, none of the Sellers nor the Purchaser shall make (or, in the case of the Purchaser, permit any other member of the Purchaser’s Group to make) and each Seller (so far as it is reasonably able) shall procure that no Group Company makes any announcement concerning this sale and purchase or any ancillary matter before, on or after Completion, except for the Press Release. 19.2 The Investors and the Purchaser shall each be entitled to make any announcement that contains only those matters set out in the Press Release. 19.3 The Purchaser shall and shall procure that: (a) The parties to this Agreement agree that the existence and terms of this Agreement are strictly confidential and further agree that they and their respective representatives shall not disclose to the public or to any third party the existence or terms of this Agreement or any other Confidential Information (as defined below) other than with the express prior written consent each member of the other party, except as may be required Purchaser’s Group from time to time shall keep confidential all information provided to it by applicable law, rule or regulation, or at the request on behalf of any Governmental Authority having jurisdiction over such party Seller or any of its representatives, control persons otherwise obtained by or affiliates, including, without limitation, the rules and regulations of the SEC, the American Stock Exchange, or the NASD, or as may be required to defend any action brought against such person in connection with this agreement which relates to any Seller; and (b) if after Completion any Group Company holds confidential information relating to any Seller, it shall procure that such information is kept confidential and, to the extent reasonably practicable, shall deliver that information to the relevant Seller or destroy it, in each case without retaining copies. 19.4 Each Seller shall: (a) keep confidential all information provided to it by or on behalf of the Purchaser or otherwise obtained by or in connection with this agreement which relates to any member of the Purchaser’s Group; and (b) if after Completion any Seller holds confidential information relating to any Group Company, it shall keep that information confidential and, to the extent reasonably practicable, shall deliver that information to the Purchaser or destroy it, in each case without retaining copies. 19.5 Nothing in this clause prevents any announcement concerning this agreement or the transactions contemplated by this Agreement.agreement being made or any confidential information being disclosed: (ba) Notwithstanding the above, the Seller hereby consents to the filing by EIAC of a current report on Form 8-K with the SEC announcing written approval of the transaction contemplated by this Agreement upon other parties, which in the execution case of this Agreement in such form as an announcement shall be agreed between EIAC and the Seller before the execution of this Agreement. (c) Any other press release or other public announcement by the Seller or EIAC or their respective representatives relating to the transactions contemplated by the Agreement shall be agreed between EIAC and the Seller prior to the public release or dissemination of same (such agreement not to be unreasonably withheld or delayed); or (b) to the extent required by law, any court of competent jurisdiction or any competent regulatory body or Tax Authority, but a party required to disclose any confidential information shall promptly notify the other parties, where practicable and lawful to do so, before disclosure occurs and co-operate with the other parties regarding the timing and content of such disclosure or any action which the other parties may reasonably elect to take to challenge the validity of such requirement. 19.6 Nothing in this clause prevents disclosure of confidential information by any party: (da) For to the purposes extent that the information is in or comes into the public domain other than as a result of a breach of any undertaking or duty of confidentiality by that party; or (b) to that party’s professional advisers, auditors or bankers, but before any disclosure to any such person the relevant party shall procure that he is made aware of the terms of this Section 19clause and shall use all reasonable endeavours to procure that such person adheres to those terms as if he were bound by the provisions of this clause. 19.7 Nothing in this agreement is intended to vary, “Confidential Information” means repeal or in any information relating to EIACway affect the terms of a confidentiality letter dated 8 November 2005 between the Company, the Buyer, Purchaser and Apax Partners Worldwide LLP (the Seller, the SPVs, their directors, officers, representatives, employees, agents or advisers obtained whether before or after Confidentiality Agreement) prior to Completion. The Confidentiality Agreement will terminate on the date of this Agreement in any form from or pursuant to discussions with EIAC, the Buyer, the Seller, the SPVs, or any of their directors, officers, representatives, employees, agents or advisers unless it is publicly known either at the date of the disclosure or at any time thereafter (other than by breach of this Agreement)Completion.

CONFIDENTIALITY AND ANNOUNCEMENTS. 12.1 Subject to Clause 12.2, each Party: (a) The parties to this Agreement agree that shall treat as strictly confidential: (i) the existence and terms provisions of this Agreement are strictly confidential and further agree that they and the process of their respective negotiation; (ii) in the case of Rowan, any information received or held by Rowan or any of its representatives shall not disclose which relates to the public Company or, following an Asset Contribution Closing Date, the relevant Assets; (iii) in the case of Saudi Aramco, any information received or to any third party the existence or terms of this Agreement held by Saudi Aramco or any other of its representatives which relates to the Company or, following an Asset Contribution Closing Date, the relevant Assets; and US-DOCS\80810184.2 (iv) in the case of the Company, any information received or held by the Company or any of its representatives which relates to Rowan or, prior to an Asset Contribution Closing Date, the relevant Assets, (together “Confidential Information Information”); and (as defined belowb) other than shall not, except with the express prior written consent of the other party, except as may be required by applicable law, rule or regulation, or at the request of any Governmental Authority having jurisdiction over such party or any of its representatives, control persons or affiliates, including, without limitation, the rules and regulations of the SEC, the American Stock Exchange, or the NASD, or as may be required to defend any action brought against such person in connection with the transactions contemplated by this Agreement. Parties (b) Notwithstanding the above, the Seller hereby consents to the filing by EIAC of a current report on Form 8-K with the SEC announcing the transaction contemplated by this Agreement upon the execution of this Agreement in such form as which shall be agreed between EIAC and the Seller before the execution of this Agreement. (c) Any other press release or other public announcement by the Seller or EIAC or their respective representatives relating to the transactions contemplated by the Agreement shall be agreed between EIAC and the Seller prior to the public release or dissemination of same (such agreement not to be unreasonably withheld or delayed), make use of (save for the purposes of performing its obligations under this Agreement) or disclose to any person (other than its representatives in accordance with Clause 12.3) any Confidential Information. 12.2 Clause 12.1 shall not apply to the disclosure of Confidential Information if and to the extent: (a) such disclosure is required by any laws, rules, regulations, directives or orders promulgated by any governmental authority or body having, or claiming to have, jurisdiction over the Parties or the operations hereunder; (b) the Confidential Information concerned has come into the public domain other than through its fault (or that of its representatives) or the fault of any person to whom such Confidential Information has been disclosed in accordance with this Clause 12; (c) has been lawfully disclosed to the relevant Party by a third party and that it has acquired free from any obligation of confidence to any other person; (d) For such disclosure is to its professional advisers and Affiliates in relation to the negotiation, entry into or performance of this Agreement or any matter arising out of the same (provided that such persons are required to treat such information as confidential); (e) such disclosure is required to facilitate the obtaining of any consents required for the contribution, transfer and delivery of any of the applicable Assets to the Company; or (f) such disclosure is permitted in accordance with the Shareholders’ Agreement. 12.3 Each Party undertakes that it shall (and shall procure that its Affiliates shall) only disclose Confidential Information to a person referred to in Clause 12.2(d) or 12.2(e) where it is reasonably required for the purposes of exercising its rights or performing its obligations under this Section 19Agreement and the other Transaction Agreements and only where such persons are informed of the confidential nature of the Confidential Information and provisions of this Clause 12. 12.4 No Party shall make any announcement (including any communication to the public, “Confidential Information” means to any information relating to EIACcustomers, suppliers or employees or their Affiliates) concerning the Buyer, the Seller, the SPVs, their directors, officers, representatives, employees, agents or advisers obtained whether before or after the date subject matter of this Agreement in any form from or pursuant to discussions with EIAC, without the Buyer, the Seller, the SPVs, or any of their directors, officers, representatives, employees, agents or advisers unless it is publicly known either at the date prior written consent of the disclosure other (which shall not be unreasonably withheld or at any time thereafter (other than by breach delayed) or where permitted under the terms of the Shareholders’ Agreement. 12.5 The provisions of this Agreement)Clause 12 shall survive the termination of this Agreement and shall continue for a period of three (3) years therefrom.

CONFIDENTIALITY AND ANNOUNCEMENTS. (a) The parties to this Agreement agree that the existence and terms of this Agreement are strictly confidential and further agree that they and their respective representatives shall not disclose 10.1 Subject to the public provisions of Clause 10.2, any applicable statutory or to any third party the existence regulatory rules or terms of this Agreement or any other Confidential Information (as defined below) other than with the express prior written consent of the other party, except otherwise as may be required by applicable lawany court, rule relevant stock exchange, government or regulationany other regulatory body with competent jurisdiction, each party hereto shall at all times keep confidential and not directly or indirectly disclose or make use of any information in its possession relating to any other party, or at the request of make any Governmental Authority having jurisdiction over such party or any of its representatives, control persons or affiliates, including, without limitation, the rules and regulations of the SEC, the American Stock Exchange, or the NASD, or as may be required to defend any action brought against such person in connection with the transactions contemplated by this Agreement. (b) Notwithstanding the above, the Seller hereby consents to the filing by EIAC of a current report on Form 8-K with the SEC announcing the transaction contemplated by this Agreement upon the execution of this Agreement in such form as shall be agreed between EIAC and the Seller before the execution of this Agreement. (c) Any other press release or other public announcement by the Seller or EIAC or their respective representatives relating in relation to the transactions the terms of which are set out in this Agreement or the transactions or arrangements hereby contemplated by or herein referred to or any matter ancillary hereto or thereto (together the Agreement “Information”) without the prior consent of the other (which consent shall be agreed between EIAC and the Seller prior to the public release or dissemination of same (such agreement not to be unreasonably withheld or delayed). 10.2 The restrictions contained in Clause 10.1 shall not apply: (a) to prevent any party from making any disclosure to such of the directors, officers or employees of and any financial, legal or other professional advisers, lenders or auditors engaged by the Vendor, the Purchaser, the shareholders of the Vendor and the Purchaser and/or their respective holding companies or subsidiaries (having the meanings ascribed to them under the Companies Ordinance) who are involved in or have been engaged in connection with the transactions contemplated under this Agreement (together the “Authorised Persons”), in each case only where such Authorised Persons shall comply with or are subject to similar non-disclosure obligations; (b) if and to the extent that disclosure is required for the purpose of any judicial, arbitration or similar proceedings, or at the request of a relevant stock exchange, government or any other regulatory body with competent jurisdiction, ; or (c) in respect of any Information which is or becomes generally available to the public otherwise than by a breach of Clause 10.1 by any of the parties; or (d) For to any Information which is already in the purposes possession of this Section 19the receiving party at the time of disclosure, “Confidential Information” means otherwise than due to a breach of any information relating obligations of confidentiality on the disclosing party; or (e) to EIAC, any public announcement or press release made by the Buyer, the Seller, the SPVs, their directors, officers, representatives, employees, agents or advisers obtained whether before or after the date of this Agreement in any form from or Target Company pursuant to discussions the rules of any relevant stock exchange or regulatory body with EIACcompetent jurisdiction, provided that the BuyerVendor had consulted the Purchaser on the contents of such press release or public announcement, insofar as such consultation is reasonably practicable and permitted by relevant laws and regulations; or (f) to any public announcement or press release made by the SellerPurchaser pursuant to the rules of any relevant stock exchange or regulatory body with competent jurisdiction, provided that the SPVsPurchaser had consulted the Vendor and the Target Company on the contents of such press release or public announcement, or any of their directors, officers, representatives, employees, agents or advisers unless it insofar as such consultation is publicly known either at the date of the disclosure or at any time thereafter (other than reasonably practicable and permitted by breach of this Agreement)relevant laws and regulations.

CONFIDENTIALITY AND ANNOUNCEMENTS. (a) The parties 10.1 For the purpose of assuring the full benefit of the goodwill of each Group Member and in consideration of the Purchaser agreeing to this Agreement agree that buy the existence and Shares on the terms of this Agreement are strictly Agreement, the Seller agrees with the Purchaser and its successors in title as a separate and independent agreement that it will not at any time hereafter use or divulge (other than in accordance with clauses 10.2 and 10.3) any confidential and further agree that they and their respective representatives shall not disclose information in relation to the public affairs or to businesses of any third party Group Member. 10.2 Other than the existence Agreed Announcements, no announcement or terms of statement about this Agreement or the subject matter of, or any other Confidential Information (as defined below) other than with matter referred to in, this Agreement shall be made or issued before, on or after Completion by or on behalf of any of the express parties hereto without the prior written consent approval of the other party, except as may be required by applicable law, rule or regulation, or at the request of any Governmental Authority having jurisdiction over such party or any of its representatives, control persons or affiliates, including, without limitation, the rules and regulations of the SEC, the American Stock Exchange, or the NASD, or as may be required to defend any action brought against such person in connection with the transactions contemplated by this Agreement. (b) Notwithstanding the above, the Seller hereby consents to the filing by EIAC of a current report on Form 8-K with the SEC announcing the transaction contemplated by this Agreement upon the execution of this Agreement in such form as shall be agreed between EIAC and the Seller before the execution of this Agreement. (c) Any other press release or other public announcement by the Seller or EIAC or their respective representatives relating to the transactions contemplated by the Agreement shall be agreed between EIAC and the Seller prior to the public release or dissemination of same parties (such agreement approval not to be unreasonably withheld or delayed)) PROVIDED THAT nothing shall restrict the Seller from making such disclosures to directors of the Group Members as may be reasonably necessary for the performance by such directors of their duties. 10.3 Nothing in this clause 10 shall restrict a party (deven in the absence of agreement by the other parties) For from making any statement or providing information which may be required by law or by the purposes requirements of this Section 19any recognised stock exchange, “Confidential Information” means any information relating Tax authority or regulatory body, but then only to EIACthe extent so required. Where practical, the Buyerrequirement to make such announcement or statement and the content of such announcement or statement shall be disclosed to the other parties to this Agreement before such announcement or statement is made by the disclosing party and where possible agreement reached, or where prior disclosure and agreement is not possible, the disclosing party shall notify the other parties of the announcement or statement and the reason for having made the announcement or statement immediately after having made such announcement or statement. 10.4 The Purchaser shall, and shall procure that each Group Member shall, return to the Seller within two months of the Completion Date all of the Seller's Confidential Information held by or on behalf of the Group on or prior to the Completion Date and pending such return hereby undertakes for itself and each Group Member not to disclose or divulge the Seller's Confidential Information to any third party, to maintain it in strict confidence and not to use any of the Seller's Confidential Information for any purpose whatsoever. 10.5 The parties to this Agreement acknowledge that in relation to a breach of their obligations to each of the other parties under clauses 10.1, 10.2 and 10.4, that damages may not be an adequate remedy and that accordingly, where a party is in breach of any of those clauses, the SPVs, their directors, officers, representatives, employees, agents or advisers obtained whether before or after the date of this Agreement in any form from or pursuant other parties shall be entitled to discussions with EIAC, the Buyer, the Seller, the SPVs, an order for specific performance or any other form of their directorsequitable relief or interim remedies to enforce the obligations contained in clauses 10.1, officers, representatives, employees, agents or advisers unless it is publicly known either at the date of the disclosure or at any time thereafter (other than by breach of this Agreement)10.2 and 10.

CONFIDENTIALITY AND ANNOUNCEMENTS. 22.1 Subject to Clause 22.4, each party: (a) The parties to this Agreement agree shall treat, and shall procure that its Affiliates treat, as strictly confidential: (i) the existence and terms provisions of this Agreement are strictly confidential and further agree that they the other Transaction Documents (including the identities of the parties to such agreements), their subject matter and any documents referred to therein and the process of their negotiation; (ii) in the case of Ardutch, the Ardutch Guarantor and the Buyer, any information directly or indirectly received or held by them or any of their respective representatives shall not disclose Representatives which relates to the public or to any third party the existence or terms of this Agreement Whirlpool or any other Affiliate of Whirlpool (excluding, with effect on and from Completion, any member of the Whirlpool Europe Group); and (iii) in the case of Whirlpool and the Whirlpool Guarantor, any information directly or indirectly received or held by them or any of their respective Representatives which relates to Ardutch or any Affiliate of Ardutch, (together “Confidential Information Information”); and (as defined belowb) other than shall not, and shall procure that its Affiliates shall not, except with the express prior written consent of the other party, except as may be required by applicable law, rule or regulation, or at party to whom the request of any Governmental Authority having jurisdiction over such party or any of its representatives, control persons or affiliates, including, without limitation, the rules and regulations of the SEC, the American Stock Exchange, or the NASD, or as may be required to defend any action brought against such person in connection with the transactions contemplated by this Agreement. Confidential Information relates (b) Notwithstanding the above, the Seller hereby consents to the filing by EIAC of a current report on Form 8-K with the SEC announcing the transaction contemplated by this Agreement upon the execution of this Agreement in such form as which shall be agreed between EIAC and the Seller before the execution of this Agreement. (c) Any other press release or other public announcement by the Seller or EIAC or their respective representatives relating to the transactions contemplated by the Agreement shall be agreed between EIAC and the Seller prior to the public release or dissemination of same (such agreement not to be unreasonably withheld or delayed), make use of (except for the purposes of performing its obligations or exercising its rights under this Agreement or any other Transaction Document) or disclose to any person (other than its Representatives in accordance with Clause 22.2) any Confidential Information. 22.2 Each party undertakes that it shall, and it shall procure that its Affiliates shall, only disclose Confidential Information to its Representatives for the purposes of the Transaction where it is reasonably required for the purposes of performing its obligations or exercising its rights under this Agreement or any other Transaction Document and only where such recipients are informed of the confidential nature of the Confidential Information and the provisions of this Clause 22 and instructed to comply with this Clause 22 as if they were a party to it. 22.3 Subject to Clause 22.4, each party shall not (and shall procure that its Affiliates shall not) make any announcement (including any communication to the public, to any customers, suppliers or employees of any Buyer Group Company) concerning the subject matter of this Agreement without the prior written consent (not to be unreasonably withheld, delayed or conditioned) of: (a) in respect of an announcement by a member of the Ardutch Group or, a member of the Buyer Group, Whirlpool; and (b) in respect of an announcement by a member of the Whirlpool Group, Ardutch. 22.4 Clauses 22.1, 22.2 and 22.3 shall not apply if and to the extent that the party using or disclosing Confidential Information or making such announcement can demonstrate that: (a) such announcement is in the Agreed Form or comprises only information set out in an announcement in the Agreed Form; (b) such disclosure or announcement is required by Law or by any Authority (including, for the avoidance of doubt, any Tax Authority) having applicable jurisdiction over it and/or any of its Affiliates; (c) such disclosure is required or appropriate for the purposes or the preparation of, or to be included within any accounts, financial statements and/or the Tax Returns or other submissions to or communications with any Tax Authority in connection with the Tax affairs of the disclosing party and/or any of its Affiliates; (d) such disclosure or announcement is required in order to facilitate any assignment or proposed assignment of the whole or any part of the rights or benefits under this Agreement which is permitted by Clause 29; (e) to the extent that preventing that disclosure would cause any transaction contemplated by this Agreement or any documents referred to herein to become an arrangement described in Part II A 1 of Annex IV of Directive 2011/16/EU; or (f) the Confidential Information concerned has come into the public domain other than through that party’s fault (or that of its Representatives) or the fault of any person to whom such Confidential Information has been disclosed in accordance with this Clause 22.4. 22.5 The provisions of this Clause 22 shall survive termination of this Agreement or Completion, as the case may be. 22.6 For the purposes of this Section 19Clause 22 only, “Confidential Information” means any information relating Koç Holding and its Affiliates shall be deemed to EIACbe Affiliates of Ardutch and the Ardutch Guarantor, the Buyer, the Seller, the SPVs, their and Koç Holding’s and its Affiliates’ respective directors, officers, representatives, employees, agents or advisers obtained whether before or after agents, consultants, advisers, auditors and accountants shall be deemed to be Representatives of Ardutch and the date of this Agreement in any form from or pursuant to discussions with EIAC, the Buyer, the Seller, the SPVs, or any of their directors, officers, representatives, employees, agents or advisers unless it is publicly known either at the date of the disclosure or at any time thereafter (other than by breach of this Agreement)Ardutch Guarantor.

CONFIDENTIALITY AND ANNOUNCEMENTS. 10.1 Subject to Clause 10.4, each party: (a) The parties to this Agreement agree that shall treat as strictly confidential: (i) the existence and terms provisions of this Agreement are strictly confidential and further agree that they the other Transaction Documents and the process of their respective representatives shall not disclose negotiation; (ii) in the case of the Vendors, any information received or held by the Vendors or any of its Representatives which relates to the public or to any third party Purchaser Group or, following Completion, the existence or terms of this Agreement or any other Company, (together “Confidential Information Information”); and (as defined belowb) other than shall not, except with the express prior written consent of the other partyparty (which shall not be unreasonably withheld or delayed), except as may be make use of (save for the purposes of performing its obligations under this Agreement) or disclose to any person (other than its Representatives and providers of finance for the purposes of the Transaction in accordance with Clause 10.2) any Confidential Information. 10.2 Each party undertakes that it shall only disclose Confidential Information to Representatives and providers of finance for the purposes of the Transaction where it is reasonably required by applicable law, rule or regulation, or at for the request purposes of any Governmental Authority having jurisdiction over such party or any of performing its representatives, control persons or affiliates, including, without limitationobligations under this Agreement, the rules Master Merger Agreement or the other Transaction Documents and regulations only where such recipients are informed of the SEC, confidential nature of the American Stock Exchange, or Confidential Information and the NASD, or provisions of this Clause 10 and instructed to comply with this Clause 10 as may be required if they were a party to defend any action brought against such person in connection with the transactions contemplated by this Agreementit. 10.3 The Vendors shall not make any announcement (b) Notwithstanding the above, the Seller hereby consents including any communication to the filing by EIAC public, to any customers suppliers or employees of a current report on Form 8-K with the SEC announcing Company) concerning the transaction contemplated by this Agreement upon the execution subject matter of this Agreement in such form as without the prior written consent of the Purchaser (which shall be agreed between EIAC and the Seller before the execution of this Agreement. (c) Any other press release or other public announcement by the Seller or EIAC or their respective representatives relating to the transactions contemplated by the Agreement shall be agreed between EIAC and the Seller prior to the public release or dissemination of same (such agreement not to be unreasonably withheld or delayed). (d) For 10.4 Nothing in this Clause 10 shall prevent or restrict the purposes Purchaser or any of this Section 19, “Confidential Information” means any information relating to EIAC, the Buyer, the Seller, the SPVs, their directors, officers, representatives, employees, agents or advisers obtained whether before or after the date of this Agreement in any form from or pursuant to discussions with EIAC, the Buyer, the Seller, the SPVsits Affiliates, or any of their respective directors, officers, representatives, employees, agents agents, consultants and advisers from passing any information to: (a) any purchaser or advisers unless it is publicly known either at the date potential purchaser of the Company or the Purchaser Group and any parent undertaking of the Purchaser; (b) any provider of finance to the Purchaser Group, including (provided they have a duty to keep such information confidential) their advisors; (c) any general partner, limited partner, trustee, nominee or manager of, or adviser to, the Purchaser or of or to any of its Affiliates, or any investor or potential investor in any of them, or any provider of finance to any such general partner, limited partner, investor or potential investor or any of their advisers; (d) any co-investment scheme of the Purchaser or any of its Affiliates or any person holding shares under such scheme or entitled to the benefit of shares under such scheme; or (e) any company or fund (including any unit trust, investment trust, limited partnership or general partnership) which is advised by, or the assets of which are managed by (whether solely or jointly with others), the Purchaser or its Affiliates or in respect of which such person is a general partner, or which is advised or managed by such person’s general partner, trustee, nominee, manager or adviser, or any potential investors in any such company or fund or any potential such company or fund. 10.5 Clause 10.1 and 10.3 shall not apply if and to the extent that the party using or disclosing Confidential Information or making such announcement can demonstrate that: (a) such disclosure or at announcement is required by Law or by any time thereafter stock exchange or any supervisory, regulatory, governmental or anti-trust body (including, for the avoidance of doubt, any Tax Authority) having applicable jurisdiction; (b) such disclosure or announcement is required in order to facilitate any assignment or proposed assignment of the whole or any part of the rights or benefits under this Agreement which is permitted by Clause 17; or (c) the Confidential Information concerned has come into the public domain other than by breach through its fault (or that of its Representatives) or the fault of any person to whom such Confidential Information has been disclosed in accordance with this Clause 10.5. 10.6 The provisions of this Agreement)Clause 10 shall survive termination of this Agreement or Completion, as the case may be, and shall continue indefinitely regardless of whether this Agreement is terminated.

CONFIDENTIALITY AND ANNOUNCEMENTS. 11.1 For the purpose of assuring the full benefit of the business and goodwill of each Target Company and in consideration of the Purchaser agreeing to buy the Target Shares on the terms of this Agreement, the Seller agrees with the Purchaser and its successors in title as a separate and independent agreement that, save as provided in clause 11.2, it will not (and will procure that no member of the Allied Group shall) divulge (other than in accordance with clause 11.3) any Confidential Business Information. 11.2 The Allied Group may disclose or permit the disclosure of Confidential Business Information: (a) The parties to this Agreement agree that its officers, employees, legal or other professional advisers, subject to them holding the existence and terms information under a similar duty of this Agreement are strictly confidential and further agree that they and their respective representatives shall not disclose confidentiality, to the public extent necessary to enable it or them to perform or cause to be performed or to any third party the existence or terms of this Agreement or any other Confidential Information (as defined below) other than with the express prior written consent of the other party, except as may be required by applicable law, rule or regulation, or at the request of any Governmental Authority having jurisdiction over such party or enforce any of its representatives, control persons rights or affiliates, including, without limitation, the rules and regulations of the SEC, the American Stock Exchange, or the NASD, or as may be required to defend any action brought against such person in connection with the transactions contemplated by obligations under this Agreement.; (b) Notwithstanding the above, the Seller hereby consents to the filing by EIAC extent that the Confidential Business Information has become publicly available or is or has been in the public domain at the time of such disclosure otherwise than as a result of a current report on Form 8-K with the SEC announcing the transaction contemplated by this Agreement upon the execution breach of this Agreement in such form as shall be agreed between EIAC and the Seller before the execution of this Agreement.clause; and (c) Any other press release when required to do so by law or other public announcement by the Seller or EIAC or their respective representatives relating any order of court, but only to the transactions contemplated by extent so required. 11.3 No announcement or statement about this Agreement or the subject matter of, or any matter referred to in, this Agreement shall be agreed between EIAC and made or issued before, on or after Completion by or on behalf of any of the Seller parties without the prior to written approval of the public release or dissemination of same other parties (such agreement approval not to be unreasonably withheld or delayed). (d) For the purposes of this Section 19, “Confidential Information” means any delayed once such information relating to EIAC, the Buyer, the Seller, the SPVs, their directors, officers, representatives, employees, agents or advisers obtained whether before or after the date of this Agreement in any form from or pursuant to discussions with EIAC, the Buyer, the Seller, the SPVs, or any of their directors, officers, representatives, employees, agents or advisers unless it is publicly known either at the date of the disclosure or at any time thereafter (shall have become public other than by breach of this Agreement)) PROVIDED that nothing shall restrict the making by the Purchaser (even in the absence of agreement by the other parties) of any statement or announcement which may be required by law or which is in compliance with the requirements of the UK Listing Authority and FURTHER PROVIDED that nothing shall restrict the making by the Seller (even in the absence of agreement by the other parties) of any statement or announcement which may be required by law, the Securities and Exchange Commission and/or the New York Stock Exchange.

CONFIDENTIALITY AND ANNOUNCEMENTS. (a) The parties agree to this be bound by and comply with the Confidentiality Agreement, the provisions of which are hereby incorporated herein by reference. The parties further agree that, upon the occurrence of the Closing, the Confidentiality Agreement agree that and the existence and terms first sentence of this Section 5.5(a) shall automatically terminate and cease to be of further effect with respect to information relating solely to the Company Group (but all other information provided to the Buyers and their Affiliates by the Sellers and their Affiliates (including the Company Group) prior to the Closing shall remain subject to the terms and conditions of the Confidentiality Agreement are strictly confidential from and further after the Closing, which the parties agree that they (on behalf of themselves and their respective representatives Affiliates party thereto, as applicable) shall automatically be deemed amended, effective upon the occurrence of the Closing, to extend the term thereof for a period of two years from the Closing Date with respect to all such information not disclose solely relating to the public or to any third party the existence or terms of this Agreement or any other Confidential Information (Company Group and which shall, as defined below) other than with the express prior written consent of the other partyso amended, except as may be required remain incorporated by applicable law, rule or regulation, or at the request of any Governmental Authority having jurisdiction over such party or any of its representatives, control persons or affiliates, including, without limitation, the rules and regulations of the SEC, the American Stock Exchange, or the NASD, or as may be required to defend any action brought against such person in connection with the transactions contemplated by this Agreementreference herein). (b) Notwithstanding For a period of two years following the aboveClosing, the Seller hereby consents to the filing by EIAC of a current report on Form 8-K with the SEC announcing the transaction contemplated except as otherwise permitted or required by this Agreement upon or any Ancillary Agreement, the execution Sellers and their Affiliates shall keep confidential all non-public, confidential information of the Company Group, by using the same degree of care to prevent the unauthorized disclosure of such information as they had used prior to the date hereof; provided that disclosure of any such information shall be permitted to the extent requested or required pursuant to legal process (by interrogatories, subpoena, civil investigative demand or similar process) or Applicable Law; provided, further, that in the event of any such disclosure, the disclosing party shall use its reasonable best efforts to preserve the confidentiality of the non-public, confidential information so disclosed, including by cooperating with the Company Group in attempting to obtain an appropriate protective order or other reliable assurance that confidential treatment will be accorded such non-public, confidential information. Notwithstanding the foregoing, this Section 5.5(b) shall not restrict the disclosure of any information (i) that, as determined by the Sellers in their reasonable discretion, (A) is or becomes generally available to the public, other than by reason of the breach of this Section 5.5(b), (B) is obtained by the Sellers and their Affiliates from any third party not known by the recipient to be subject to a confidentiality obligation to the Company Group or (C) is, after the Closing, independently developed by the Sellers and their Affiliates without reference to any non-public, confidential information of the Company Group otherwise subject to this Section 5.5(b), (ii) to the Sellers and their Affiliates, and their respective directors, officers, managers, partners, employees, attorneys, accountants, financial advisors and other representatives (including SoftBank Group Corp., any Applicable Investor (as defined in the Foundation Merger Agreement) and their respective directors, officers, managers, partners, employees, attorneys, accountants, financial advisors and other representatives) who need to know such information and who agree to maintain such information in confidence in a manner consistent with this Section 5.5(b), or (iii) for purposes of (A) financial reporting under Applicable Law or applicable accounting standards or (B) enforcement of the rights of the Sellers and their Affiliates under this Agreement or any Ancillary Agreement or in such form as shall be agreed between EIAC and the Seller before the execution of this Agreementconnection with any dispute thereunder. (c) Any Notwithstanding Sections 5.5(a) and (b), prior to the Closing, the parties hereto shall consult with each other as to the form, substance and timing of any press release or other public announcement by the Seller disclosure related to this Agreement or EIAC or their respective representatives relating to the transactions contemplated by the Agreement hereby, and no such press release or other public disclosure shall be agreed between EIAC and made by any party hereto without the Seller consent of the other parties hereto, which consent shall not be unreasonably withheld, delayed or conditioned; provided, however, that notwithstanding anything to the contrary herein or in the Confidentiality Agreement, (i) any party may make such disclosure to the extent required by Applicable Law, based on advice of counsel, after using its reasonable best efforts under the circumstances to consult with the other parties prior to such disclosure and considering in good faith the suggestions of such other parties with respect thereto, (ii) Fortress Parent and Affiliates of the Buyers may make such disclosure as it reasonably deems appropriate in its filings with the Securities and Exchange Commission and SoftBank Group Corp. may make such disclosure as it reasonably deems appropriate in its filings with the Tokyo Stock Exchange (provided that in the event any such disclosure is required by SoftBank Group Corp., Fortress Parent shall use its commercially reasonable efforts to cause SoftBank Group Corp. to seek confidential treatment (to the extent reasonably available) of any non-public release or dissemination of same information) and (iii) any party may make such agreement not other public announcements as are substantially identical to be unreasonably withheld or delayedprior public statements made in accordance with this Section 5.5(c). (d) For Notwithstanding anything to the purposes contrary in this Agreement, (i) the Sellers and their Affiliates shall not be restricted from making (and shall not be required to notify any Person, including the Buyers and their Affiliates, in connection with) any disclosure to any Governmental Authority in the course of this Section 19any routine examination or inspection by such Governmental Authority that is not targeted at the Company Group or the transactions contemplated hereby or by any Ancillary Agreement and (ii) the Buyers acknowledge that the Sellers and their Affiliates include financial institutions that engage in a broad range of financial activities (including trading activity, “Confidential Information” means any information relating merger and acquisition, and securities transactions) and, subject to EIACapplicable Securities Laws, the Buyer, the Seller, the SPVs, their directors, officers, representatives, employees, agents or advisers obtained whether before or after the date of nothing in this Agreement in any form from or pursuant shall be deemed to discussions with EIAC, restrict the Buyer, the Seller, the SPVs, or any of their directors, officers, representatives, employees, agents or advisers unless it is publicly known either at the date ability of the disclosure or at any time thereafter Sellers and their Affiliates to engage in ordinary course activities, including ordinary trading, asset management, asset backed lending, investment banking, financing, capital markets, loan origination, research and arbitrage activities; provided that prior to the Closing (other than by breach and then solely to the extent constituting an activity of this Agreement)the Company Group) such activity is conducted in accordance with Section 5.1.

CONFIDENTIALITY AND ANNOUNCEMENTS. 10.1 Each of the Sellers severally undertakes to the Buyer to keep confidential the terms of this agreement and all information which they have acquired about the Company and the Buyer’s Group (as such Group is constituted immediately before Completion) and, in the case of the Buyer, all information which it has acquired about the Company and to use the information only for the purposes contemplated by this agreement. 10.2 A party does not have to keep confidential or to restrict its use of: (a) The parties to this Agreement agree information that the existence and terms is or becomes public knowledge other than as a direct or indirect result of a breach of this Agreement are strictly confidential and further agree that they and their respective representatives shall not disclose to the public or to any third party the existence or terms of this Agreement or any other Confidential Information (as defined below) other than with the express prior written consent of the other party, except as may be required by applicable law, rule or regulation, or at the request of any Governmental Authority having jurisdiction over such party or any of its representatives, control persons or affiliates, including, without limitation, the rules and regulations of the SEC, the American Stock Exchange, or the NASD, or as may be required to defend any action brought against such person in connection with the transactions contemplated by this Agreement.agreement; or (b) Notwithstanding the above, the Seller hereby consents to the filing by EIAC of information that it receives from a current report on Form 8-K source not connected with the SEC announcing party to whom the transaction contemplated by duty of confidence is owed that it acquires free from any obligation of confidence to any other person. 10.3 Any party may disclose any information that it is otherwise required to keep confidential under clause 10: (a) to such professional advisers, consultants and employees or officers of its Group as are reasonably necessary to advise on this Agreement upon agreement, or to facilitate the execution Transaction, if the disclosing party procures that the people to whom the information is disclosed keep it confidential as if they were that party; or (b) with the written consent of this Agreement in such form as shall be agreed between EIAC and all the Seller before the execution of this Agreement.other parties; or (c) Any other press release or other public announcement by with the Seller or EIAC or their respective representatives relating written consent of one party, if such information relates only to that party; or (d) to confirm that the transactions contemplated by the Agreement shall be agreed between EIAC sale has taken place, and the Seller prior to date of the public release sale (but without otherwise revealing any other items of sale or dissemination of same (such agreement not to be unreasonably withheld or delayedmaking any other announcement). (de) For to the extent that the disclosure is required: (i) by law; or (ii) by a regulatory body, Taxation Authority or securities exchange; or (iii) to make any filing with, or obtain any authorisation from, a regulatory body, Taxation Authority or securities exchange; or (iv) under any arrangements in place under which negotiations relating to terms and conditions of employment are conducted; or (v) to protect the disclosing party’s interest in any legal proceedings, but shall use reasonable endeavours to consult the other parties and to take into account any reasonable requests they may have in relation to the disclosure before making it. 10.4 Each party shall supply any other party with any information about itself, its Group or this agreement as such other party may reasonably require for the purposes of this Section 19satisfying the requirements of a law, “Confidential Information” means any information relating regulatory body or securities exchange to EIAC, the Buyer, the Seller, the SPVs, their directors, officers, representatives, employees, agents or advisers obtained whether before or after the date of this Agreement in any form from or pursuant to discussions with EIAC, the Buyer, the Seller, the SPVs, or any of their directors, officers, representatives, employees, agents or advisers unless it which such other party is publicly known either at the date of the disclosure or at any time thereafter (other than by breach of this Agreement)subject.

CONFIDENTIALITY AND ANNOUNCEMENTS. (a) The parties to terms of the letter agreement dated as of September 16, 2002 (the "Confidentiality Agreement") between Sierra and the Purchaser are herewith incorporated by reference and shall continue in full force and effect until Closing and if this Agreement is terminated shall remain in full force and effect after such termination; provided that, following the Closing Date, Sierra and the Seller jointly and severally covenant and agree that to keep all non-public information relating to the existence Company and the Subsidiaries confidential on the same terms as set forth for the Purchaser in the Confidentiality Agreement. If this Agreement is, for any reason, terminated prior to the Closing, the Confidentiality Agreement shall continue in full force and effect pursuant to the terms thereof. (b) The Purchaser and the Seller shall agree with each other as to the form, timing and substance of any press release related to the execution of this Agreement are strictly confidential and further agree that they the Operative Documents, and their respective representatives shall not disclose consult each other as to the form, timing and substance of other public or disclosures related thereto, provided, however, that nothing contained herein shall prohibit either party, following notification to any third party the existence or terms of this Agreement or any other Confidential Information (as defined below) other than with the express prior written consent of the other partyparty if practicable, except as may from making any disclosure which its counsel determines to be required by any Applicable Law or the applicable lawrules of any stock exchange. (c) From and after the date hereof through the Closing Date, rule or regulationthe Purchaser will maintain the confidentiality of any non-public personal health and financial information of policyholders, or at claimants under policies, of the request of any Governmental Authority having jurisdiction over such party Company or any Subsidiary in its possession in accordance with Applicable Law and will, with respect to such information, comply with all Applicable Laws pertaining to the confidentiality of its representatives, control persons or affiliates, such personal financial and personal health information including, without limitation, the Xxxxx-Xxxxx-Xxxxxx Act, 15 U.S.C. §§ 6801-6827 and any other applicable state or federal privacy rules and regulations of the SEC, the American Stock Exchange, or the NASD, or as may be required to defend any action brought against such person in connection with the transactions contemplated by this Agreement. (b) Notwithstanding the above, the Seller hereby consents to the filing by EIAC of a current report on Form 8-K with the SEC announcing the transaction contemplated by this Agreement upon the execution of this Agreement in such form as shall be agreed between EIAC and the Seller before the execution of this Agreement. (c) Any other press release or other public announcement by the Seller or EIAC or their respective representatives relating to the transactions contemplated by the Agreement shall be agreed between EIAC and the Seller prior to the public release or dissemination of same (such agreement not to be unreasonably withheld or delayed)regulations. (d) For Notwithstanding anything herein or in the purposes Confidentiality Agreement to the contrary, each party hereto (and each employee, representative, or other agent of this Section 19any party) may disclose to any and all Persons, “Confidential Information” means without limitation of any information kind, the tax treatment and tax structure of any and all transaction(s) contemplated herein and all materials of any kind (including opinions or other tax analyses) that are or have been provided to any party (or to any employee, representative, or other agent of any party) relating to EIACsuch tax treatment or tax structure, provided, however, that this authorization of disclosure shall not apply to restrictions reasonably necessary to comply with securities laws. This authorization is not intended to permit disclosure of any other information including, without limitation, (i) any portion of any materials to the Buyer, extent not related to the Seller, the SPVs, their directors, officers, representatives, employees, agents tax treatment or advisers obtained whether before or after the date of this Agreement in any form from or pursuant to discussions with EIAC, the Buyer, the Seller, the SPVs, or any of their directors, officers, representatives, employees, agents or advisers unless it is publicly known either at the date tax structure of the transaction, (ii) the identities of participants in the transaction, (iii) any pricing information, (iv) any financial information or (vi) any other term or detail not related to the tax treatment or tax structure of the transaction. This authorization of disclosure or at any time thereafter (other than by breach is retroactively effective immediately upon commencement of this Agreement)the first discussions regarding the transactions contemplated herein.

CONFIDENTIALITY AND ANNOUNCEMENTS. (a) The parties Henkel undertakes to this Agreement agree Ecolab on behalf of itself and its Subsidiaries, that the existence and terms of this Agreement are strictly it shall keep confidential and further agree that they and their respective representatives shall not disclose to not, without the public or to any third party the existence or terms of this Agreement or any other Confidential Information (as defined below) other than with the express prior written consent of Ecolab, disclose to any person, nor use or exploit commercially for its own purposes, any information relating to the other partyTransaction Documents and the Amended and Restated Stockholder's Agreement or the customers, except as may be required by applicable law, rule business or regulationaffairs of the JV Entities or of Ecolab or its respective Subsidiaries which it has, or at which it may have received or in the request future acquire, (i) as a result of any Governmental Authority having jurisdiction over such party the negotiating or any entering into of the Transaction Documents and the Amended and Restated Stockholder's Agreement, (ii) through the holding of Ecolab Common Stock, or (iii) through the previous ownership or operation by it or one of its representatives, control persons or affiliates, including, without limitation, the rules and regulations Subsidiaries of assets of the SECJV Entities, otherwise than as permitted or contemplated under said agreements; provided, however, that Henkel may disclose such information (A) to its Subsidiaries for any purposes reasonably incidental to the American Stock Exchangepurposes of the Agreement, or the NASD, or as may be required (B) to defend any action brought against such person its advisors for use in connection with the transactions contemplated by this Agreement. (b) Notwithstanding the above, the Seller hereby consents to the filing by EIAC of a current report on Form 8-K rendering advice with the SEC announcing the transaction contemplated by this Agreement upon the execution of this Agreement in such form as shall be agreed between EIAC and the Seller before the execution of this Agreement. (c) Any other press release or other public announcement by the Seller or EIAC or their respective representatives relating respect to the transactions contemplated by the Transaction Documents and the Amended and Restated Stockholder's Agreement and (C) as is required to be disclosed by operation of law or any stock exchange regulations or any binding judgment or order, or by any requirement of any competent Governmental Entity. In performing its obligations under this Section 8.2(a), Henkel shall apply such standards of confidentiality as it applies generally in relation to its own confidential information. Henkel shall use all reasonable efforts to ensure that its employees and agents and those of its Subsidiaries observe such confidentiality. (b) Ecolab undertakes to Henkel on behalf of itself and its Subsidiaries, that it shall keep confidential and shall not, without the prior written consent of Henkel, disclose to any person, nor use or exploit commercially for its own purposes, any confidential and proprietary information of Henkel, except as contemplated by this Agreement or as permitted by the Transaction Documents. (c) Section 8.2(a) and (b) shall not apply to information: (i) acquired from a third party with the right to divulge the same; (ii) which, prior to the Closing, Ecolab and Henkel have jointly decided to disclose; or (iii) which is or becomes within the public domain (otherwise than through the fault of the recipient party). (d) No announcement in connection with the subject matter of the Transaction Documents and the Amended and Restated Stockholder's Agreement shall be agreed between EIAC and made or issued by or on behalf of any of the Seller parties hereto (or any of their Subsidiaries) prior to or upon the public release or dissemination Closing without the prior written approval of same both Ecolab and Henkel (such agreement approval not to be unreasonably withheld or delayed), except as permitted by the Communications Plan or as may be required by law, by any stock exchange or by any Governmental Authority. (d) For the purposes of this Section 19, “Confidential Information” means any information relating to EIAC, the Buyer, the Seller, the SPVs, their directors, officers, representatives, employees, agents or advisers obtained whether before or after the date of this Agreement in any form from or pursuant to discussions with EIAC, the Buyer, the Seller, the SPVs, or any of their directors, officers, representatives, employees, agents or advisers unless it is publicly known either at the date of the disclosure or at any time thereafter (other than by breach of this Agreement).

CONFIDENTIALITY AND ANNOUNCEMENTS. (a) The parties Prior to this Agreement Completion, the Vendors Representative and the Purchasers Representative shall consult together and agree that the existence and terms of this Agreement are strictly confidential and further agree that they and their respective representatives shall not disclose as to the public terms of, the timetable for and the manner of publication of any announcement which either Party may desire or be obliged to make regarding the Transaction or the Agreement and no other Party shall make any announcement (including any communication to the public, to any third party customers suppliers or employees of any of the existence or terms Group Companies) concerning the subject matter of this Agreement or any other Confidential Information (as defined below) other than with the express Agreement, without the prior written consent of the other party, except as may be required by applicable law, rule or regulation, or at the request of any Governmental Authority having jurisdiction over such party or any of its representatives, control persons or affiliates, including, without limitation, the rules and regulations of the SEC, the American Stock Exchange, or the NASD, or as may be required to defend any action brought against such person in connection with the transactions contemplated by this Agreement. (b) Notwithstanding the above, the Seller hereby consents to the filing by EIAC of a current report on Form 8-K with the SEC announcing the transaction contemplated by this Agreement upon the execution of this Agreement in such form as shall be agreed between EIAC Purchasers Representative and the Seller before the execution of this Agreement. Vendors Representative (c) Any other press release or other public announcement by the Seller or EIAC or their respective representatives relating to the transactions contemplated by the Agreement which shall be agreed between EIAC and the Seller prior to the public release or dissemination of same (such agreement not to be unreasonably withheld or delayed). (b) As soon as practicable after Completion, the Vendors Representative and the Purchasers Representative shall procure that a joint announcement of the Transaction is made in such form as they may jointly agree. (c) The confidentiality letter entered into between Hercule PAI Holding S.à x.x. and Silgan Holdings Inc. on 21 October 2019 shall remain in full force and effect up to the Completion Date, it being agreed that should Completion not take place, it shall remain in force until its contractual termination date. (d) For the purposes of this Section 19Subject to Clause 17(e) and Clause 17(f), “Confidential Information” means each Party shall treat as strictly confidential: (i) any information relating to EIACthe Transaction, the Buyerprovisions of the Agreement, the SellerIP Assignment Agreement and the Ancillary Documents (including the names of the parties to such agreements) and the process of their negotiations; (ii) in the case of the Vendors, any information received or held by the SPVs, their directors, officers, representatives, employees, agents or advisers obtained whether before or after the date of this Agreement in any form from or pursuant to discussions with EIAC, the Buyer, the Seller, the SPVs, Vendors or any of their directorsRepresentatives which relates to the Purchasers Group or, officersfollowing Completion, representativesto any of the Group Companies or the Business; and (iii) in the case of the Purchasers, employees, agents any information received or advisers unless held by the Purchasers or any of their Representatives which relates to the Vendors Group; (together the Confidential Information). (e) Clauses (a) and (d) shall in no way prevent or restrict any Party or any of its Representatives from passing any Confidential Information to any of their Representatives or any provider of finance for the purpose of the Transaction. Each Party undertakes that it shall only disclose Confidential Information to its Representatives and providers of finance for the purpose of the Transaction where it is publicly known either at reasonably required for the purposes of performing its obligations under the Agreement, the IP Assignment Agreement or the Ancillary Documents and only where such recipients are informed of the confidential nature of the Confidential Information and have undertaken to comply with this Clause 17 as if they were a party to it. (f) Clauses (a) and (d) shall not apply if and to the extent that the Party using or disclosing Confidential Information or making such announcement can demonstrate that: (i) such disclosure or announcement is required by Law or by any stock exchange or any Authority (including, for the avoidance of doubt, any Tax Authority) having applicable jurisdiction, including as may be required in connection with the satisfaction of the Conditions; (ii) the Confidential Information concerned has come into the public domain other than through its fault (or that of its Representatives) or the fault of any person to whom such Confidential Information has been disclosed in accordance with this Clause (f). (g) The provisions of this Clause 17 shall survive termination of the Agreement or Completion, as the case may be, and shall continue for a period of five years from the date of the disclosure or at any time thereafter (other than by breach of this Agreement).

CONFIDENTIALITY AND ANNOUNCEMENTS. (a) The parties agree to this Agreement agree that be bound by and comply with the existence provisions set forth in the Confidentiality Agreements, the provisions of which Confidentiality Agreements are hereby incorporated herein by reference. Effective upon, and terms of this Agreement are strictly confidential and further agree that they and their respective representatives only upon, the Closing, Buyer's obligations under the Confidentiality Agreements shall not disclose terminate with respect to information to the public or extent relating solely to any third party the existence or terms of this Agreement or any other Confidential Information (as defined below) other than with the express prior written consent of the other partyCompany, except as may be required by applicable law, rule or regulation, or at the request of any Governmental Authority having jurisdiction over such party or any of its representatives, control persons or affiliates, including, without limitationSubsidiaries, the rules Non-Registered Funds and regulations of the SEC, Funds and the American Stock Exchange, or parties' obligations under the NASD, or as may be required Confidentiality Agreements shall terminate with respect to defend any action brought against such person in connection with disclosure relating to the transactions contemplated by this Agreementhereby; provided, however, that Buyer's obligations under the Confidentiality Agreements with respect to information obtained from and/or regarding Parent shall survive the Closing. (b) From and after the Closing, each of Parent, the Members and the Company Principals shall, and shall cause each of their Affiliates and its and their officers, directors, employees and advisors to, keep confidential and not use for its benefit or for the benefit of any other Person, any and all non-public information relating to the Company, its Subsidiaries, its Clients, the Non-Registered Funds and the Funds; provided, however, that Parent, the Members and/or the Company Principals, as the case may be, shall not be liable hereunder with respect to any disclosure to the extent such disclosure is (i) compelled by legal process (by interrogatories, subpoena, civil investigative demand or similar process) or (ii) required, based upon the written advice of counsel, pursuant to the requirements of any Applicable Law (including without limitation the Securities Act of 1933, as amended, the Securities Exchange Act of 1934, as amended, or any rule or regulation promulgated under either Act or any national stock exchange). Notwithstanding the aboveforegoing, such non-public information shall not include information that (i) is or becomes part of the public domain through no fault of Parent, the Seller hereby consents Members or the Company Principals (provided that information shall not be deemed to be within such exclusion merely because it is embraced by general disclosures in the public domain); (ii) is lawfully disclosed to Parent, the Members or the Company Principals by a third party not bound by an obligation of confidentiality; or (iii) is independently developed by Parent, the Members or the Company Principals without reference to or the use of such non-public information. (c) Subject to Section 5.11(a) and (b), the parties to this Agreement shall consult with each other as to the filing form, substance and timing of any press release or other public disclosure related to this Agreement or the transactions contemplated hereby and no such press release or other public disclosure shall be made without the consent of the other parties, which consent shall not be unreasonably withheld or delayed; provided, however, that the parties may make such disclosure to the extent (i) such disclosure is compelled by EIAC legal process (by interrogatories, subpoena, civil investigative demand or similar process) or (ii) such disclosure is required, based upon the written advice of counsel, pursuant to the requirements of any Applicable Law (including without limitation the Securities Act, the Exchange Act, or any rule or regulation promulgated by any national stock exchange); provided, however, that following the execution of this Agreement, it is understood and agreed that Parent and Buyer each shall be permitted to file with the SEC a current report Current Report on Form 8-K with under the SEC announcing the transaction contemplated by this Agreement upon the execution of this Agreement Exchange Act in such form as shall be agreed between EIAC and the Seller before order to disclose the execution of this Agreement. (c) Any other press release or other public announcement by the Seller or EIAC or their respective representatives relating to the transactions contemplated by the Agreement shall be agreed between EIAC and the Seller prior to the public release or dissemination of same (such agreement not to be unreasonably withheld or delayed). (d) For the purposes of this Section 19, “Confidential Information” means any information relating to EIAC, the Buyer, the Seller, the SPVs, their directors, officers, representatives, employees, agents or advisers obtained whether before or after the date which Form may include a copy of this Agreement in any form from or pursuant to discussions with EIAC, the Buyer, the Seller, the SPVs, or any of their directors, officers, representatives, employees, agents or advisers unless it is publicly known either at the date of the disclosure or at any time thereafter (other than by breach of the Company Disclosure Schedule, the Buyer Disclosure Schedule and the Exhibits to this Agreement)) as an exhibit to such Form 8-K, without the prior consent of any of the other parties hereto.