Common use of Confidentiality, Disclosure of Information Clause in Contracts

Confidentiality, Disclosure of Information. Each party hereto shall treat the transactions contemplated hereby and all financial and other information furnished to it about Borrower, the other Loan Parties and the Real Property Assets, as confidential; provided, however, that such confidential information may be disclosed (a) as required by law or pursuant to generally accepted accounting procedures, (b) to officers, directors, employees, agents, partners, attorneys, accountants, engineers and other consultants of the parties hereto who need to know such information, provided such Persons are instructed to treat such information confidentially, (c) by Lender to any Participant, Co-Lender, servicer, or assignee ("Transferee"), which disclosure to Transferees and prospective Transferees may include any and all information which has been delivered to Lender by Borrower pursuant to this Agreement or the other Loan Documents or which has been delivered to Lender in connection with Lender's credit evaluation of Borrower prior to entering into this Agreement, provided that such Transferee agrees to be bound by the provisions of this Section 9.7, or (d) upon the written consent of the party whose otherwise confidential information would be disclosed. Borrower and the REIT acknowledge and agree that Lender may provide to the Co-Lenders, and that Lender and each of the Co-Lenders may provide to any Participant, originals or copies of this Agreement, all Loan Documents and all other documents, instruments, certificates, opinions, insurance policies, letters of credit, reports, requisitions and other materials and information of every nature or description, and may communicate all oral information, at any time submitted by or on behalf of Borrower or the REIT or received by Lender in connection with the Loan or Borrower or the REIT.

Confidentiality, Disclosure of Information. Each party ------------------------------------------ hereto shall treat the transactions contemplated hereby and all financial and other information furnished to it about the Banks, the Borrower, the other Loan Parties and any Subsidiary or any of the Real Property Assets, as applicable, as confidential; provided, however, that such confidential information may be disclosed (a) as required by law or pursuant to generally accepted accounting procedures, (b) to officers, directors, employees, agents, partners, attorneys, accountants, engineers and other consultants of the parties hereto who need to know such information, provided such Persons are instructed to treat such information confidentially, or (c) by Lender any Bank to any Participant, Co-Lender, servicer, Participant or assignee Assignee or any prospective transferee ("Transferee"provided such prospective transferee agrees to treat such information confidentially), which disclosure to Transferees and prospective Transferees transferees may include any and all information which has been delivered to Lender such Bank by the Borrower pursuant to this Agreement or the other Loan Documents or which has been delivered to Lender such Bank in connection with Lendersuch Bank's credit evaluation of the Borrower prior to entering into this Agreement. Notwithstanding the foregoing, provided this Section 9.16 shall not apply to any Bank so long as any Event of Default hereunder or under any other Loan Documents shall have occurred and be continuing and, in any such event, such Bank shall be entitled to disclose any information furnished to it in connection with this Agreement as it deems necessary or appropriate in its sole and absolute discretion. Notwithstanding the foregoing, the Borrower hereby consents to the disclosure of any non-public information with respect to it which is related to this transaction by any Designated Lender to any rating agency, commercial paper dealer, or provider of a surety, guaranty or credit or liquidity enhancement to such Designated Lender, provided, however, that prior to any such Transferee agrees disclosure such Designated Lender shall obtain an agreement from the applicable Person pursuant to which it shall agree to be bound by the confidentiality provisions of this Section 9.7, or (d) upon the written consent of the party whose otherwise confidential information would be disclosed. Borrower and the REIT acknowledge and agree that Lender may provide similar to the Co-Lenders, and that Lender and each of the Co-Lenders may provide to any Participant, originals or copies of this Agreement, all Loan Documents and all other documents, instruments, certificates, opinions, insurance policies, letters of credit, reports, requisitions and other materials and information of every nature or description, and may communicate all oral information, at any time submitted by or on behalf of Borrower or the REIT or received by Lender in connection with the Loan or Borrower or the REITthose set forth herein.

Confidentiality, Disclosure of Information. Each party hereto shall treat the transactions contemplated hereby and all financial and other information furnished to it about Borrower, the other Loan Parties and the Real Property AssetsHospitality Properties owned, leased, or managed by Borrower or Borrower Subsidiaries as confidential; provided, however, that such confidential information may be disclosed (a) as required by law (including without limitation to bank regulators) or pursuant to generally accepted accounting procedures, (b) to officers, directors, employees, agents, partners, investors, attorneys, accountants, engineers and other consultants of the parties hereto who need to know such information, provided such Persons are instructed to treat such information confidentially, (c) by Lender Agent or the Syndication Agent to any Participant, Co-Lender, servicer, or assignee ("Transferee"), which disclosure to Transferees and prospective Transferees may include any and all information which has been delivered to Lender Agent or the Syndication Agent by Borrower or any other Loan Party pursuant to this Agreement or the other Loan Documents or which has been delivered to Lender Agent or the Syndication Agent in connection with LenderAgent's or the Syndication Agent's or the Co-Lenders' credit evaluation of Borrower prior to entering into this Agreement, ; provided that such Transferee agrees to be bound by the provisions of this Section 9.7keep such information confidential, or (d) upon the written consent of the party whose otherwise confidential information would be disclosed. Borrower acknowledges and agrees that Agent and the REIT acknowledge and agree that Lender Syndication Agent may provide to the Co-Lenders, and that Lender Agent, the Syndication Agent and each of the Co-Lenders may provide to any Participant, originals or copies of this Agreement, all Loan Documents and all other documents, instruments, certificates, opinions, insurance policies, letters of credit, reports, requisitions and other materials and information of every nature or description, and may communicate all oral information, at any time submitted by or on behalf of Borrower or the REIT any other Loan Party or received by Lender Agent or the Syndication Agent in connection with the Loan or Borrower or the REITany other loan Party.

Confidentiality, Disclosure of Information. Each party hereto shall treat the transactions contemplated hereby and all financial and other information furnished to it about Borrower, the other Loan Parties and the Real Property Assets, as confidential; provided, however, that such confidential information may be disclosed (a) as required by law or pursuant to generally accepted accounting procedures, (b) to officers, directors, employees, agents, partners, attorneys, accountants, engineers and other consultants of the parties hereto who need to know such information, provided such Persons are instructed to treat such information confidentially, (c) by Lender Agent or the Syndication Agent to any Participant, Co-Lender, servicer, or assignee ("Transferee"), which disclosure to Transferees and prospective Transferees may include any and all information which has been delivered to Lender Agent or the Syndication Agent by Borrower or any other Loan Party pursuant to this Agreement or the other Loan Documents or which has been delivered to Lender Agent or the Syndication Agent in connection with LenderAgent's or the Syndication Agent's and the Co-Lenders' credit evaluation of Borrower and the REIT prior to entering into this Agreement, provided that such Transferee agrees to be bound by the provisions of this Section 9.7, or (d) upon the written consent of the party whose otherwise confidential information would be disclosed. Borrower and the REIT acknowledge and agree that Lender Agent and the Syndication Agent may provide to the Co-Lenders, and that Lender Agent, the Syndication Agent and each of the Co-Lenders may provide to any Participant, originals or copies of this Agreement, all Loan Documents and all other documents, instruments, certificates, opinions, insurance policies, letters of credit, reports, requisitions and other materials and information of every nature or description, and may communicate all oral information, at any time submitted by or on behalf of Borrower or the REIT or received by Lender Agent or the Syndication Agent in connection with the Loan or Borrower or the REIT.

Confidentiality, Disclosure of Information. Each party hereto shall treat the transactions contemplated hereby and all financial and other information furnished to it about the Banks, the Borrower, the other Loan Parties and any Subsidiary or any of the Real Property Assets, as applicable, as confidential; provided, however, that such confidential information may be disclosed (a) as required by law or pursuant to generally accepted accounting procedures, (b) to officers, directors, employees, agents, partners, attorneys, accountants, engineers and other consultants of the parties hereto who need to know such information, provided such Persons are instructed to treat such information confidentially, or (c) by Lender any Bank to any Participant, Co-Lender, servicer, Participant or assignee Assignee or any prospective transferee ("Transferee"provided such prospective transferee agrees to treat such information confidentially), which disclosure to Transferees and prospective Transferees transferees may include any and all information which has been delivered to Lender such Bank by the Borrower pursuant to this Agreement or the other Loan Documents or which has been delivered to Lender such Bank in connection with Lendersuch Bank's credit evaluation of the Borrower prior to entering into this Agreement. Notwithstanding the foregoing, provided that such Transferee agrees to be bound by the provisions of this Section 9.7, or (d) upon the written consent of the party whose otherwise confidential information would be disclosed. Borrower and the REIT acknowledge and agree that Lender may provide to the Co-Lenders, and that Lender and each of the Co-Lenders may provide 9.16 shall not apply to any Participant, originals Bank so long as any Event of Default hereunder or copies of this Agreement, all under any other Loan Documents shall have occurred and all other documentsbe continuing and, instrumentsin any such event, certificates, opinions, insurance policies, letters of credit, reports, requisitions and other materials and such Bank shall be entitled to disclose any information of every nature or description, and may communicate all oral information, at any time submitted by or on behalf of Borrower or the REIT or received by Lender furnished to it in connection with the Loan this Agreement as it deems necessary or Borrower or the REITappropriate in its sole and absolute discretion.

Confidentiality, Disclosure of Information. Each ----------------------------------------- party hereto shall treat the transactions contemplated hereby and all financial and other information furnished to it about Borrower, the other Loan Parties and the Real Property Assets, as confidential; provided, however, that such confidential information may be disclosed (a) as required by law or pursuant to generally accepted accounting procedures, (b) to officers, directors, employees, agents, partners, investors, attorneys, accountants, engineers and other consultants of the parties hereto who need to know such information, provided such Persons are instructed to treat such information confidentially, (c) by Lender Agent or the Syndication Agent on a similar confidential basis to any Participant, Co-Lender, servicer, or assignee ("Transferee"), which disclosure to Transferees and prospective Transferees may include any and all information which has been delivered to Lender Agent or the Syndication Agent by Borrower or any other Loan Party pursuant to this Agreement or the other Loan Documents or which has been delivered to Lender Agent or the Syndication Agent in connection with LenderAgent's or the Syndication Agent's or the Co-Lenders' credit evaluation of Borrower and the REIT prior to entering into this Agreement, provided that such Transferee agrees to be bound by the provisions of this Section 9.7, or (d) upon the written consent of the party whose otherwise confidential information would be disclosed. Borrower and the REIT acknowledge and agree that Lender Agent and the Syndication Agent may provide to the Co-Lenders, and that Lender Agent, the Syndication Agent and each of the Co-Lenders may provide to any Participant, originals or copies of this Agreement, all Loan Documents and all other documents, instruments, certificates, opinions, insurance policies, letters of credit, reports, requisitions and other materials and information of every nature or description, and may communicate all oral information, at any time submitted by or on behalf of Borrower or Borrower, the REIT or any other Loan Party or received by Lender Agent or the Syndication Agent in connection with the Loan or Borrower or the REITany other loan Party.

Confidentiality, Disclosure of Information. Each ----------------------------------------- party hereto shall treat the transactions contemplated hereby and all financial and other information furnished to it about Borrower, the other Loan Parties and the Real Property Assets, as confidential; provided, however, that such confidential information may be disclosed (a) as required by law or pursuant to generally accepted accounting procedures, (b) to officers, directors, employees, agents, partners, investors, attorneys, accountants, engineers engineers, other consultants, Affiliates and other consultants Co-Lenders of the parties hereto who need to know such information, provided such Persons are instructed to treat such information confidentially, (c) by Lender Agent or the Syndication Agent on a similar confidential basis to any Participant, Affiliate, Co-Lender, servicer, or assignee ("Transferee"), which disclosure to Transferees and prospective Transferees may include any and all information which has been delivered to Lender Agent or the Syndication Agent by Borrower or any other Loan Party pursuant to this Agreement or the other Loan Documents or which has been delivered to Lender Agent or the Syndication Agent in connection with LenderAgent's or the Syndication Agent's or the Co-Lenders' credit evaluation of Borrower and the REIT prior to entering into this Agreement, provided that such Transferee agrees to be bound by the provisions of this Section 9.7, or (d) upon the written consent of the party whose otherwise confidential information would be disclosed. Borrower and the REIT acknowledge and agree that Lender Agent and the Syndication Agent may provide to the Co-Lenders, and that Lender Agent, the Syndication Agent and each of the Co-Lenders may provide to any Participant, originals or copies of this Agreement, all Loan Documents and all other documents, instruments, certificates, opinions, insurance policies, letters of credit, reports, requisitions and other materials and information of every nature or description, and may communicate all oral information, at any time submitted by or on behalf of Borrower or Borrower, the REIT or any other Loan Party or received by Lender Agent or the Syndication Agent in connection with the Loan or Borrower or the REITany other loan Party.