Common use of Confidentiality; Announcements Clause in Contracts

Confidentiality; Announcements. (a) Each of the Company and the Lender (i) acknowledges that the existence and terms of this Agreement and, in the case of the Lender, any and all information relating to the Company (including, without limitation, any information shared by the Company in connection with discussions on the financial restructuring of the Company and any and all information provided by the Company in compliance with the information covenants of this Agreement) constitute confidential information and (ii) agrees not to disclose any such information to any Person without the prior written consent of the other party, except to any of its directors, officers, employees, affiliates, agents, attorneys, auditors or advisors (solely to the extent necessary for it to perform its obligations under this Agreement) or in connection with syndicating a DIP Financing (collectively, the “Authorized Persons”); provided that it shall inform each such Authorized Persons of the confidential nature of the information and shall direct each such Authorized Person to treat such information in accordance with the terms of this paragraph (a); and provided further that it shall also be permitted to disclose such information (i) to the extent required by any law, rule or regulation or by any subpoena or similar judicial and/or administrative order, or other regulatory authority (including any self-regulatory organization having jurisdiction or claiming to have jurisdiction over either party), or (ii) to the extent that such information is or becomes generally available to the public other than as a result of disclosure by it or its Authorized Persons.

Confidentiality; Announcements. (a) Each of the Company Company, the Agent and each of the Lender Lenders (i) acknowledges that the existence and terms of this Agreement and, in the case of the LenderAgent and each of the Lenders, any and all information relating to the Company (including, without limitation, any information shared by the Company in connection with discussions on the financial restructuring of the Company and any and all information provided by the Company in compliance with the information covenants of this Agreement) constitute confidential information and (ii) agrees not to disclose any such information to any Person without the prior written consent of the other party, parties except to any of its directors, officers, employees, affiliates, agents, attorneys, auditors or advisors (solely to the extent necessary for it to perform its obligations under this Agreement) or any other Person in connection with a syndication, assignment or participation under the Credit Agreement or in connection with syndicating a DIP Financing (collectively, the “Authorized Persons”); provided that it shall inform each such Authorized Persons of the confidential nature of the information and shall direct each such Authorized Person to treat such information in accordance with the terms of this paragraph (a); and provided further that it shall also be permitted to disclose such information (i) to the extent required by any law, rule or regulation or by any subpoena or similar judicial and/or administrative order, or other regulatory authority (including any self-regulatory organization having jurisdiction or claiming to have jurisdiction over either party), or (ii) to the extent that such information is or becomes generally available to the public other than as a result of disclosure by it or its Authorized Persons.