Common use of Confidentiality Obligations of Seller Clause in Contracts

Confidentiality Obligations of Seller. SELLER shall, and shall cause any agents, officers, directors, employees and other affiliates of SELLER (collectively referred to in this Section as “SELLER affiliates”) to, treat all information received from BUYER concerning BUYER’s business, Assets, operations, and financial condition as confidential, unless and to the extent SELLER can demonstrate that such information was already known to SELLER or such SELLER affiliates or in the public domain; and SELLER shall, and shall cause SELLER affiliates to, not use any such information (so required to be treated as confidential) for any purpose except in furtherance of the transactions contemplated hereby. Upon the termination of this Agreement, SELLER shall, and shall cause SELLER affiliates to, promptly return all documents and workpapers containing, and all copies of, any such information required to be treated as confidential received from or on behalf of BUYER in connection with the transactions contemplated hereby. The covenants of SELLER contained in this Section 8.02 shall survive any termination of this Agreement prior to Closing, but shall terminate at the Closing; provided, however, that neither SELLER nor any of the SELLER affiliates shall be deemed to have violated the covenants set forth in this Section 8.02 if SELLER or any of such SELLER affiliates shall in good faith disclose any of such confidential information in compliance with any legal process, order, or decree issued by any court or agency of government of competent jurisdiction after SELLER has given BUYER notice of the legal process, order or decree (if permitted by law).

Confidentiality Obligations of Seller. SELLER shallFrom and after the date hereof, SELLER, its affiliates and its parent corporation shall cause any agents, officers, directors, employees and other affiliates of SELLER (collectively referred to in this Section as “SELLER affiliates”) to, treat all information received from BUYER concerning BUYER’s 's business, Assetsassets, operations, and financial condition as confidential, unless and to the extent SELLER can demonstrate that such information was already known to SELLER or such SELLER its affiliates or in the public domain; , and SELLER shall, and shall cause SELLER affiliates to, not use any such information (so required to be treated as confidential) for any purpose except in furtherance of the transactions contemplated hereby. Upon the termination of this Agreement, SELLER shall, and shall cause SELLER affiliates to, promptly return all documents and workpapers containing, and all copies of, any such information (so required to be treated as confidential confidential) received from or on behalf of BUYER in connection with the transactions contemplated hereby. The covenants of SELLER contained in this Section 8.02 are of the essence and shall survive any termination of this Agreement prior to ClosingAgreement; PROVIDED, but shall terminate at the Closing; provided, howeverHOWEVER, that neither SELLER nor any of the SELLER its affiliates shall be deemed to have violated the covenants set forth in this Section 8.02 if SELLER or any of such SELLER affiliates shall in good faith disclose any of such confidential information in compliance with any legal process, order, order or decree issued by any court or agency of government of competent jurisdiction after jurisdiction. It is expressly acknowledged by BUYER that all information provided to SELLER has given BUYER notice related to this purchase and assumption transaction may be provided to BANC ONE CORPORATION and SELLER's affiliates for the purpose of consummating the legal process, order or decree (if permitted by law)transaction which is the subject of this Agreement. The covenants and obligations of SELLER hereunder shall survive the Closing and any earlier termination of this Agreement.

Confidentiality Obligations of Seller. SELLER shallFrom and after the date hereof, SELLER, its affiliates and its parent corporation shall cause any agents, officers, directors, employees and other affiliates of SELLER (collectively referred to in this Section as “SELLER affiliates”) to, treat all information received from BUYER concerning BUYER’s 's business, Assetsassets, operations, and financial condition as confidential, unless and to the extent SELLER can demonstrate that such information was already known to SELLER or such SELLER its affiliates or in the public domain; , and SELLER shall, and shall cause SELLER affiliates to, not use any such information (so required to be treated as confidential) for any purpose except in furtherance of the transactions contemplated herebyhereby (including in the filing of required regulatory applications, provided that, if available, a confidential treatment request will be made regarding such confidential information). Upon the any termination of this Agreement, SELLER shall, and shall cause SELLER affiliates to, promptly return all documents and workpapers containing, and all copies of, any such information required to be treated as confidential received from or on behalf of BUYER in connection with the transactions contemplated hereby. The covenants of SELLER contained in this Section 8.02 8.2 are of the essence and shall survive any termination of this Agreement prior to Closing, but shall terminate at the ClosingAgreement; provided, however, that neither SELLER nor any of the SELLER its affiliates shall be deemed to have violated the covenants set forth in this Section 8.02 8.2 if SELLER or any of such SELLER affiliates shall in good faith be required to disclose any of such confidential information in compliance with any legal process, order, order or decree issued by any court or agency of government of competent jurisdiction after jurisdiction. It is expressly acknowledged by BUYER that all information provided to SELLER has given BUYER notice related to the Acquisition may be provided to SELLER's affiliates for the purpose of consummating the legal process, order or decree (if permitted by law)Acquisition. The covenants and obligations of SELLER hereunder shall survive the Closing and any earlier termination of this Agreement.

Confidentiality Obligations of Seller. SELLER shallFrom and after the date hereof, SELLER, its affiliates and its parent corporation shall cause any agents, officers, directors, employees and other affiliates of SELLER (collectively referred to in this Section as “SELLER affiliates”) to, treat all information received from BUYER concerning BUYER’s business, Assetsassets, operations, and financial condition as confidential, unless and to the extent SELLER can demonstrate that such information was already known to SELLER or such SELLER its affiliates or in the public domain; , and SELLER shall, and shall cause SELLER affiliates to, not use any such information (so required to be treated as confidential) for any purpose except in furtherance of the transactions contemplated herebyhereby (including in the filing of required regulatory applications, provided that, if available, a confidential treatment request will be made regarding such confidential information). Upon the any termination of this Agreement, SELLER shall, and shall cause SELLER affiliates to, promptly return all documents and workpapers containing, and all copies of, any such information required to be treated as confidential received from or on behalf of BUYER in connection with the transactions contemplated hereby. The covenants of SELLER contained in this Section 8.02 8.2 are of the essence and shall survive any termination of this Agreement prior to Closing, but shall terminate at the ClosingAgreement; provided, however, that neither SELLER nor any of the SELLER its affiliates shall be deemed to have violated the covenants set forth in this Section 8.02 8.2 if SELLER or any of such SELLER affiliates shall in good faith be required to disclose any of such confidential information in compliance with any legal process, order, order or decree issued by any court or agency of government of competent jurisdiction after jurisdiction. It is expressly acknowledged by BUYER that all information provided to SELLER has given BUYER notice related to the Acquisition may be provided to SELLER’s affiliates for the purpose of consummating the legal process, order or decree (if permitted by law)Acquisition. The covenants and obligations of SELLER hereunder shall survive the Closing and any earlier termination of this Agreement.

Confidentiality Obligations of Seller. From and after the date hereof, SELLER shall, and its affiliates shall cause any agents, officers, directors, employees and other affiliates of SELLER (collectively referred to in this Section as “SELLER affiliates”) to, treat all information received from BUYER concerning BUYER’s business, Assetsassets, operations, and financial condition as confidential, unless and to the extent SELLER can demonstrate that such information was already known to SELLER or such SELLER its affiliates or in the public domain; , and SELLER shall, and shall cause SELLER affiliates to, not use any such information (so required to be treated as confidential) for any purpose except in furtherance of the transactions contemplated hereby. Upon the termination of this Agreement, SELLER shall, and shall cause SELLER affiliates to, promptly return all documents and workpapers containing, and all copies of, any such information (so required to be treated as confidential confidential) received from or on behalf of BUYER in connection with the transactions contemplated hereby. The covenants of SELLER contained in this Section 8.02 8.2 are of the essence and shall survive any termination of this Agreement prior to Closing, but shall terminate at the ClosingAgreement; provided, however, that neither SELLER nor any of the SELLER its affiliates shall be deemed to have violated the covenants set forth in this Section 8.02 8.2 if SELLER or any of such SELLER affiliates shall in good faith disclose any of such confidential information in compliance with any legal process, order, order or decree issued by any court or agency of government of competent jurisdiction after jurisdiction. It is expressly acknowledged by BUYER that all information provided to SELLER has given BUYER notice related to this purchase and assumption transaction may be provided to SELLER’s affiliates for the purpose of consummating the legal process, order or decree (if permitted by law)transaction which is the subject of this Agreement. The covenants and obligations of SELLER hereunder shall survive the Closing and any earlier termination of this Agreement.

Confidentiality Obligations of Seller. SELLER shallFrom and after the date hereof, Seller, its affiliates, and its parent corporation shall cause any agents, officers, directors, employees and other affiliates of SELLER (collectively referred to in this Section as “SELLER affiliates”) to, treat all information received from BUYER Buyer concerning BUYER’s Buyer's business, Assetsassets, operations, and financial condition as confidentialconfidential (the "Confidential Information"), unless and to the extent SELLER Seller can demonstrate that such information Confidential Information was already known to SELLER Seller or such SELLER affiliates its affiliates, or in the public domain, or received from a third person not known by Seller to be under any obligation to Buyer; and SELLER shall, and Seller shall cause SELLER affiliates to, not use any such information (so required to be treated as confidential) Confidential Information for any purpose except in furtherance of the transactions contemplated hereby. Upon the termination of this Agreement, SELLER Seller shall, and shall cause SELLER affiliates toits affiliates, if any, to promptly return all documents and workpapers work papers containing, and all copies of, any such information required to be treated as confidential Confidential Information received from or on behalf of BUYER Buyer in connection with the transactions contemplated hereby. The covenants of SELLER Seller contained in this Section 8.02 are of the essence and shall survive any termination of this Agreement prior to Closing, but shall terminate at the ClosingAgreement; provided, however, that neither SELLER Seller nor any of the SELLER its affiliates shall be deemed to have violated the covenants set forth in this Section 8.02 if SELLER or any of such SELLER affiliates Seller shall in good faith disclose any of such confidential information Confidential Information in compliance with any legal process, order, order or decree issued by any court or agency of government of competent jurisdiction after SELLER has given BUYER notice jurisdiction. It is expressly acknowledged by Buyer that all Confidential Information provided to Seller related to the Acquisition may be provided to Seller's affiliates for the purpose of consummating the legal process, order or decree (if permitted by law)Acquisition subject to compliance with the foregoing restrictions. The covenants and obligations of Seller hereunder shall survive the Closing and any earlier termination of this Agreement.

Confidentiality Obligations of Seller. SELLER shall, and shall cause any agents, officers, directors, employees and other affiliates of SELLER (collectively referred to in this Section as “SELLER affiliates”) to, treat all information received from BUYER concerning BUYER’s business, Assets, operations, and financial condition as confidential, unless and to the extent SELLER can demonstrate that such information was already known to SELLER or such SELLER affiliates or in the public domain; and SELLER shall, and shall cause SELLER its affiliates to, not use any such information (so required to be treated as confidential) for any purpose except in furtherance of the transactions contemplated hereby. Upon the termination of this Agreement, SELLER shall, and shall cause SELLER its affiliates to, promptly return all documents and workpapers containing, and all copies of, any such information required to be treated as confidential received from or on behalf of BUYER in connection with the transactions contemplated hereby. The covenants of SELLER contained in this Section 8.02 7.02 shall survive any termination of this Agreement prior to Closing, but shall terminate at the Closing; provided, however, that neither SELLER nor any of the SELLER its affiliates shall be deemed to have violated the covenants set forth in this Section 8.02 7.02 if SELLER or any of such SELLER its affiliates shall in good faith disclose any of such confidential information in compliance with any legal process, order, or decree issued by any court or agency of government of competent jurisdiction after jurisdiction; provided, however, that SELLER has given shall give BUYER prompt notice of the legal process, any such order or decree (so that BUYER may challenge such order if permitted by law)BUYER so desires.

Confidentiality Obligations of Seller. SELLER shallFrom and after the date -------------------------------------- hereof, SELLER, its affiliates and its parent corporation shall cause any agents, officers, directors, employees and other affiliates of SELLER (collectively referred to in this Section as “SELLER affiliates”) to, treat all information received from BUYER concerning BUYER’s 's business, Assetsassets, operations, operations and financial condition as confidential, unless and to the extent SELLER can demonstrate that such information was already known to SELLER or such SELLER its affiliates or in the public domain; , and SELLER shall, and shall cause SELLER affiliates to, not use any such information (so required to be treated as confidential) for any purpose except in furtherance of the transactions contemplated hereby. Upon the termination of this Agreement, SELLER shall, and shall cause SELLER affiliates to, promptly return all documents and workpapers work papers containing, and all copies of, any such information (so required to be treated as confidential confidential) received from or on behalf of BUYER in connection with the transactions contemplated hereby. The covenants of SELLER contained in this Section 8.02 SECTION 8.2 are ----------- of the essence and shall survive any termination of this Agreement prior to Closing, but shall terminate at the ClosingAgreement; provided, however, that neither SELLER nor any of the SELLER its affiliates shall be deemed to have violated the covenants set forth in this Section 8.02 SECTION 8.2 if SELLER or any of such SELLER affiliates shall in good ----------- faith disclose any of such confidential information in compliance with any legal process, order, order or decree issued by any court or agency of government of competent jurisdiction after jurisdiction. It is expressly acknowledged by BUYER that all information provided to SELLER has given BUYER notice related to the Acquisition may be provided to Blackhawk Bancorp, Inc. and SELLER's affiliates for the purpose of consummating the legal process, order or decree (if permitted by law)Acquisition. The covenants and obligations of SELLER hereunder shall survive the Closing and any earlier termination of this Agreement.

Confidentiality Obligations of Seller. From and after the date hereof, SELLER shall, and its affiliates shall cause any agents, officers, directors, employees and other affiliates of SELLER (collectively referred to in this Section as “SELLER affiliates”) to, treat all information received from BUYER concerning BUYER’s 's business, Assetsassets, operations, and financial condition as confidential, unless and to the extent SELLER can demonstrate that such information was already known to SELLER or such SELLER its affiliates or in the public domain; , and SELLER shall, and shall cause SELLER affiliates to, not use any such information (so required to be treated as confidential) for any purpose except in furtherance of the transactions contemplated hereby. Upon the termination of this Agreement, SELLER shall, and shall cause SELLER affiliates to, promptly return all documents and workpapers containing, and all copies of, any such information (so required to be treated as confidential confidential) received from or on behalf of BUYER in connection with the transactions contemplated hereby. The covenants of SELLER contained in this Section 8.02 8.2 are of the essence and shall survive any termination of this Agreement prior to Closing, but shall terminate at the ClosingAgreement; provided, however, that neither SELLER nor any of the SELLER its affiliates shall be deemed to have violated the covenants set forth in this Section 8.02 8.2 if SELLER or any of such SELLER affiliates shall in good faith disclose any of such confidential information in compliance with any legal process, order, order or decree issued by any court or agency of government of competent jurisdiction after jurisdiction. It is expressly acknowledged by BUYER that all information provided to SELLER has given BUYER notice related to this purchase and assumption transaction may be provided to SELLER's affiliates for the purpose of consummating the legal process, order or decree (if permitted by law)transaction which is the subject of this Agreement. The covenants and obligations of SELLER hereunder shall survive the Closing and any earlier termination of this Agreement.

Confidentiality Obligations of Seller. SELLER From and after the date hereof, Seller shall, and shall cause any agents, officers, directors, employees its subsidiaries and other affiliates of SELLER (collectively referred to in this Section as “SELLER affiliates”) to, treat all information received from BUYER Purchaser concerning BUYER’s the business, Assetsassets, operations, and financial condition of Purchaser as confidential, unless and to the extent SELLER that Seller can demonstrate that such information was already known to SELLER Seller or such SELLER subsidiary or affiliates or in the public domaindomain or was subsequently independently developed by Seller; and SELLER Seller shall, and shall cause SELLER its subsidiaries and affiliates to, not use any such information (so required to be treated as confidential) for any purpose purposes except in furtherance of the transactions contemplated hereby. From and after the date of Closing, Seller shall, and shall cause its subsidiaries and affiliates to, treat all information regarding the Seller Offices as confidential, and Seller shall, and shall cause its subsidiaries and affiliates to, not use any such information so required to be treated as confidential for any purpose. Upon the termination of this Agreement, SELLER Seller shall, and shall cause SELLER its affiliates to, promptly return all documents and workpapers work papers containing, and all copies of, any such information (so required to be treated as confidential confidential) received from or on behalf of BUYER Purchaser in connection with the transactions contemplated hereby. The covenants of SELLER Seller contained in this Section 8.02 5.01 shall survive any termination of this Agreement prior to Closing, but shall terminate at the ClosingAgreement; provided, however, that neither SELLER Seller nor any of the SELLER its affiliates shall be deemed to have violated the covenants set forth in this Section 8.02 5.01 if SELLER Seller or any of such SELLER affiliates shall in good faith disclose any of such confidential information in compliance with any legal process, order, order or decree issued by any court or agency of government of competent jurisdiction after SELLER has given BUYER jurisdiction, provided that prior to such disclosure, Seller shall give Purchaser reasonable prior notice of the legal process, order or decree (if permitted by law)thereof.

Confidentiality Obligations of Seller. SELLER shallFrom and after the date hereof, SELLER, and its affiliates shall cause any agents, officers, directors, employees and other affiliates of SELLER (collectively referred to in this Section as “SELLER affiliates”) to, treat all information received from BUYER concerning BUYER’s 's business, Assetsassets, operations, and financial condition as confidential, unless and to the extent SELLER can demonstrate that such information was already known to SELLER or such SELLER its affiliates or in the public domain; , and SELLER shall, and shall cause SELLER affiliates to, not use any such information (so required to be treated as confidential) for any purpose except in furtherance of the transactions contemplated hereby. Upon the termination of this Agreement, SELLER shall, and shall cause SELLER affiliates to, promptly return all documents and workpapers containing, and all copies of, any such information (so required to be treated as confidential confidential) received from or on behalf of BUYER in connection with the transactions contemplated hereby. The covenants of SELLER contained in this Section 8.02 8.2 are of the essence and shall survive any termination of this Agreement prior to Closing, but shall terminate at the ClosingAgreement; provided, however, that neither SELLER nor any of the SELLER its affiliates shall be deemed to have violated the covenants set forth in this Section 8.02 8.2 if SELLER or any of such SELLER affiliates shall in good faith disclose any of such confidential information in compliance with any legal process, order, order or decree issued by any court or agency of government of competent jurisdiction after jurisdiction. It is expressly acknowledged by BUYER that all information provided to SELLER has given BUYER notice related to this purchase and assumption transaction may be provided to SELLER's affiliates for the purpose of consummating the legal process, order or decree (if permitted by law)transaction which is the subject of this Agreement. The covenants and obligations of SELLER hereunder shall survive the Closing and any earlier termination of this Agreement.

Confidentiality Obligations of Seller. SELLER From and after the date hereof, Seller shall, and shall cause any agents, officers, directors, employees its subsidiaries and other affiliates of SELLER (collectively referred to in this Section as “SELLER affiliates”) to, treat all information received from BUYER Purchaser concerning BUYER’s the business, Assetsassets, operations, and financial condition of Purchaser as confidential, unless and to the extent SELLER that Seller can demonstrate that such information was already known to SELLER Seller or such SELLER subsidiary or affiliates or in the public domaindomain or was subsequently independently developed by Seller; and SELLER Seller shall, and shall cause SELLER its subsidiaries and affiliates to, not use any such information (so required to be treated as confidential) for any purpose purposes except in furtherance of the transactions contemplated hereby. From and after the Closing Date, Seller shall, and shall cause its subsidiaries and affiliates to, treat all information regarding the Seller Office as confidential, and Seller shall, and shall cause its subsidiaries and affiliates to, not use any such information so required to be treated as confidential for any purpose. Upon the termination of this Agreement, SELLER Seller shall, and shall cause SELLER its affiliates to, promptly return all documents and workpapers work papers containing, and all copies of, any such information (so required to be treated as confidential confidential) received from or on behalf of BUYER Purchaser in connection with the transactions contemplated hereby. The covenants of SELLER Seller contained in this Section 8.02 5.01 shall survive any termination of this Agreement prior to Closing, but shall terminate at the ClosingAgreement; provided, however, that neither SELLER Seller nor any of the SELLER its affiliates shall be deemed to have violated the covenants set forth in this Section 8.02 5.01 if SELLER Seller or any of such SELLER affiliates shall in good faith disclose any of such confidential information in compliance with any legal process, order, order or decree issued by any court or agency of government of competent jurisdiction after SELLER has given BUYER jurisdiction, provided that prior to such disclosure, Seller shall give Purchaser reasonable prior notice of the legal process, order or decree (if permitted by law)thereof.

Confidentiality Obligations of Seller. SELLER From and after the date hereof, Seller shall, and shall cause any agents, officers, directors, employees its subsidiaries and other affiliates of SELLER (collectively referred to in this Section as “SELLER affiliates”) to, treat all information received from BUYER Purchaser concerning BUYER’s the business, Assetsassets, operations, and financial condition of Purchaser as confidential, unless and to the extent SELLER that Seller can demonstrate that such information was already known to SELLER Seller or such SELLER subsidiary or affiliates or in the public domaindomain or was subsequently independently developed by Seller; and SELLER Seller shall, and shall cause SELLER its subsidiaries and affiliates to, not use any such information (so required to be treated as confidential) for any purpose purposes except in furtherance of the transactions contemplated hereby. From and after the date of Closing, Seller shall, and shall cause its subsidiaries and affiliates to, treat all information regarding the Seller Office as confidential, and Seller shall, and shall cause its subsidiaries and affiliates to, not use any such information so required to be treated as confidential for any purpose. Upon the termination of this Agreement, SELLER Seller shall, and shall cause SELLER its affiliates to, promptly return all documents and workpapers work papers containing, and all copies of, any such information (so required to be treated as confidential confidential) received from or on behalf of BUYER Purchaser in connection with the transactions contemplated hereby. The covenants of SELLER Seller contained in this Section 8.02 5.01 shall survive any termination of this Agreement prior to Closing, but shall terminate at the ClosingAgreement; provided, however, that neither SELLER Seller nor any of the SELLER its affiliates shall be deemed to have violated the covenants set forth in this Section 8.02 5.01 if SELLER Seller or any of such SELLER affiliates shall in good faith disclose any of such confidential information in compliance with any legal process, order, order or decree issued by any court or agency of government of competent jurisdiction after SELLER has given BUYER jurisdiction, provided that prior to such disclosure, Seller shall give Purchaser reasonable prior notice of the legal process, order or decree (if permitted by law)thereof.