Common use of Confidentiality of Agreement Terms Clause in Contracts

Confidentiality of Agreement Terms. The Parties acknowledge that the terms of this Agreement shall be treated confidentially as Confidential Information of both Parties. For clarity, Section 11.1(a) and (e) shall not apply to the terms of this Agreement. Notwithstanding the foregoing and subject Company’s obligations under Section 11.6, after the No-Shop Start Date, such terms may be disclosed by a Party to investment bankers, investors, and potential investors or acquirers and their respective advisors, in the context of a potential transaction, each of whom prior to disclosure must be bound by similar obligations of confidentiality and non-use at least equivalent in scope to those set forth in this Article 11. In addition, the Parties agree that each of them will be required to file a copy of this Agreement with the U.S. Securities and Exchange Commission, and each of them will seek to obtain confidential treatment of economic and trade secret information and further agree that neither one of them will file this Agreement as an exhibit to Form 8-K but rather will attach it as an exhibit to its next periodic report required to be filed under the Securities Exchange Act of 1934, as amended. If the Agreement is required to be filed with another similar regulatory agency in a country other than the United States or of any stock exchange or other securities trading institution, as required by Applicable Law, the Parties agree to consult with each other in advance of any such filing and obtain the consent of the other Party with respect to the content of such disclosure, with such consent not to be unreasonably withheld. In connection with any such filing, such Party shall endeavor to obtain confidential treatment of economic and trade secret information. In any event, the Parties agree to take all reasonable action to avoid disclosure of Confidential Information except as permitted hereunder. The Party subject to such disclosure requirement shall provide the other Party with a reasonable opportunity to review and comment in advance on the disclosing Party’s proposed disclosure and such disclosing Party shall consider in good faith any comments thereon provided by the other Party.

Confidentiality of Agreement Terms. The Parties acknowledge To the extent not disclosed to ----------------------------------- the public by an authorized representative of Bank, Xx. Xxxxxxx also agrees that the terms and conditions of this Agreement shall be treated confidentially as Confidential Information of both Parties. For clarityand any and all actions by Bank in accordance therewith, Section 11.1(a) and (e) shall not apply to the terms of this Agreement. Notwithstanding the foregoing and subject Company’s obligations under Section 11.6are strictly confidential and, after the No-Shop Start Date, such terms may be disclosed by a Party to investment bankers, investors, and potential investors or acquirers and their respective advisors, in the context of a potential transaction, each of whom prior to disclosure must be bound by similar obligations of confidentiality and non-use at least equivalent in scope to those set forth in this Article 11. In addition, the Parties agree that each of them will be required to file a copy of this Agreement with the U.S. Securities and Exchange Commissionexception of Xx. Xxxxxxx'x counsel, and each of them will seek to obtain confidential treatment of economic and trade secret information and further agree that neither one of them will file this Agreement as an exhibit to Form 8-K but rather will attach it as an exhibit to its next periodic report required to be filed under the Securities Exchange Act of 1934tax advisor, as amended. If the Agreement is required to be filed with another similar regulatory agency in a country other than the United States financial advisor, immediate family, or of any stock exchange or other securities trading institution, as required by Applicable Lawapplicable law or legal process, or to enforce Xx. Xxxxxxx'x rights or secure performance by the Parties agree Bank under this Agreement, have not been and shall not be disclosed, discussed, or revealed by Xx. Xxxxxxx or his agents or representatives to consult with each any other persons, entities, or organizations, whether within or outside Bank, without prior written approval by Xxxxxxxx Xxxxx (or her successor or delegee); provided, however, that Xx. Xxxxxxx shall not be prohibited from disclosing the fact or terms of Paragraph 19. Xx. Xxxxxxx further agrees to take all reasonable steps necessary to insure that confidentiality is maintained by any of the individuals or entities referenced above to whom disclosure is authorized. Xx. Xxxxxxx shall make best, good faith efforts to promptly notify Bank of the pendency of any legal process or order which requests or requires disclosure of information governed by this Paragraph so that Bank has a reasonable opportunity to move for a protective order in advance of any such filing disclosure. A breach of this Paragraph is a material breach. The parties to this Agreement agree that, should Xx. Xxxxxxx violate the provisions of this Paragraph, Bank shall be relieved of any obligation it may have to provide any consideration to Xx. Xxxxxxx which has not yet been provided under this Agreement, except Xx. Xxxxxxx shall continue to receive the consideration provided for under Paragraphs 9, 10, and obtain the consent of the other Party with respect to the content of such disclosure, with such consent not to be unreasonably withheld11. In connection with addition to any such filing, such Party shall endeavor to obtain confidential treatment remedy for breach of economic and trade secret information. In any event, the Parties agree to take all reasonable action to avoid disclosure of Confidential Information except as permitted hereunder. The Party subject to such disclosure requirement shall provide the other Party with a reasonable opportunity to review and comment in advance on the disclosing Party’s proposed disclosure and such disclosing Party shall consider in good faith any comments thereon this Paragraph which is provided by this Paragraph, Bank retains all other legal and equitable rights or remedies, including injunctive relief, which may be available under the other Partylaw.

Confidentiality of Agreement Terms. The Parties acknowledge that the terms of this Agreement and the Additional Agreements shall be treated confidentially as Confidential Information of both Parties. For clarity, Section 11.1(a) and (e) shall not apply to the terms of this Agreement. Notwithstanding the foregoing and subject Company’s obligations under Section 11.6, after the No-Shop Start Dateforegoing, such terms may be disclosed by a Party Party: (a) in the context of a potential transaction to investment bankers, investors, and potential investors investors, licensees, or acquirers and their respective advisors, in the context of a potential transaction, each of whom prior to disclosure must be are bound by similar obligations of confidentiality and non-use at least equivalent in scope to those set forth in this Article 11Agreement; (b) as required by law, rule, regulation or court order; and (c) as required for the performance of this Agreement. Notwithstanding the foregoing Purchaser acknowledges that Seller will be notifying the customers, suppliers and other parties connected with its business about the transaction in general terms and Seller acknowledges that Purchaser will discuss the existence and certain contents of this Agreement and the Additional Agreements with persons affiliated with the DOE in order to facilitate the transfer of the DOE integrated biorefinery project to the Purchased Real Property. Purchaser shall also be permitted to discuss the existence of this Agreement and the Additional Agreements with local officials in order to permit discussions regarding Purchaser’s potential purchase of the Purchased Assets; provided, however, that Seller is notified of such discussions in advance so as to allow both Parties to coordinate such discussions. In addition, the Parties agree that each of them will be required to file a copy of this Agreement and/or the Additional Agreements may be filed by a Party with the U.S. Securities and Exchange Commission, and each of them will seek to obtain confidential treatment of economic and trade secret information and further agree that neither one of them will file this Agreement as an exhibit to Form 8-K but rather will attach it as an exhibit to its next periodic report required to be filed under the Securities The New York Stock Exchange Act of 1934, as amended. If the Agreement is required to be filed with another similar regulatory agency in a country other than the United States or of any stock exchange or other securities trading institution, and/or Nasdaq as required by Applicable Law, the Parties agree applicable law or regulation if a Party becomes subject to consult with each other in advance of any such filing laws and obtain the consent of the other Party with respect to the content of such disclosure, with such consent not to be unreasonably withheldregulation. In connection with any such filing, such Party shall endeavor to obtain confidential treatment of economic and trade secret information. In any event, the Parties agree to take all reasonable action to avoid disclosure of Confidential Information except as permitted hereunder. The Party subject to such disclosure requirement shall provide the other Party with a reasonable opportunity to review and comment in advance on the disclosing Party’s proposed disclosure and such disclosing Party shall consider in good faith any comments thereon provided by the other Party.

Confidentiality of Agreement Terms. The Parties acknowledge that the terms of this Agreement shall be treated confidentially as Confidential Information of both Parties. For clarity, Section 11.1(a) and (e) shall not apply to the terms of this Agreement. Notwithstanding the foregoing and subject Company’s obligations under Section 11.6, after the No-Shop Start Date, such terms may be disclosed by a Party to investment bankers, investors, and potential investors or acquirers and their respective advisors, in the context of a potential transaction, each of whom prior to disclosure must be bound by similar obligations of confidentiality and non-use at least equivalent in scope to those set forth in this Article 11. In addition, the Parties agree that each of them will be required to file a copy of this Agreement with the U.S. Securities and Exchange Commission, and each of them will seek to obtain confidential treatment of economic and trade secret information and further agree that neither one of them will file this Agreement as an exhibit to Form 8-K but rather will attach it as an exhibit to its next periodic report required to be filed under the Securities Exchange Act of 1934, as amended. If the Agreement is required to CONFIDENTIAL TREATMENT HAS BEEN REQUESTED AS TO CERTAIN PORTIONS OF THIS DOCUMENT. EACH SUCH PORTION, WHICH HAS BEEN OMITTED HEREIN AND REPLACED WITH AN ASTERISK ***, HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. be filed with another similar regulatory agency in a country other than the United States or of any stock exchange or other securities trading institution, as required by Applicable Law, the Parties agree to consult with each other in advance of any such filing and obtain the consent of the other Party with respect to the content of such disclosure, with such consent not to be unreasonably withheld. In connection with any such filing, such Party shall endeavor to obtain confidential treatment of economic and trade secret information. In any event, the Parties agree to take all reasonable action to avoid disclosure of Confidential Information except as permitted hereunder. The Party subject to such disclosure requirement shall provide the other Party with a reasonable opportunity to review and comment in advance on the disclosing Party’s proposed disclosure and such disclosing Party shall consider in good faith any comments thereon provided by the other Party.