Confidentiality of Certain Information. No Borrower Party shall disclose any terms, conditions, underwriting requirements or underwriting procedures of the Credit Facility or any of the Loan Documents; 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 Borrower who need to know such information, provided such Persons are instructed to treat such information confidentially, (c) to any regulatory authority having jurisdiction over Borrower, (d) in connection with any filings with the Securities and Exchange Commission or other Governmental Authorities, or (e) to any other Person to which such delivery or disclosure may be necessary or appropriate (i) in compliance with any law, rule, regulation or order applicable to Borrower, (ii) in response to any subpoena or other legal process or information investigative demand or (iii) in connection with any litigation to which Borrower is a party.
Appears in 2 contracts
Samples: Master Credit Facility Agreement (Colonial Realty Limited Partnership), Master Credit Facility Agreement (Colonial Properties Trust)
Confidentiality of Certain Information. No Borrower Party Parties shall not disclose any terms, conditions, underwriting requirements or underwriting procedures of the Credit Facility or any of the Loan Documents; provided, however, that such confidential information may be disclosed (aA) as required by law or pursuant to generally accepted accounting procedures, (bB) to officers, directors, employees, agents, partners, attorneys, accountants, engineers and other consultants of Borrower Parties who need to know such information, provided such Persons are instructed to treat such information confidentially, (cC) to any regulatory authority having jurisdiction over Borrowera Borrower Party, (dD) in connection with any filings with the Securities and Exchange Commission or other Governmental Authorities, or (eE) to any other Person to which such delivery or disclosure may be necessary or appropriate (i1) in compliance with any law, rule, regulation or order applicable to Borrowera Borrower Party, or (ii2) in response to any subpoena or other legal process or information investigative demand demand. Borrower permits Lender to disclose all financial and other information received from or (iii) on behalf of Borrower to Xxxxxx Xxx in connection with any litigation to which Borrower is a partythe assignment of the Loan.
Appears in 2 contracts
Samples: Master Credit Facility Agreement (Education Realty Trust, Inc.), Master Credit Facility Agreement (Education Realty Trust, Inc.)
Confidentiality of Certain Information. No Borrower Party shall disclose any terms, conditions, underwriting requirements or underwriting procedures of the Credit Facility or any of the Loan Documents; 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, investment advisors, attorneys, accountants, engineers and other consultants of Borrower who need to know such information, provided such Persons are instructed to treat such information confidentially, (c) to any regulatory authority having jurisdiction over Borrower, (d) in connection with any filings with the Securities and Exchange Commission or other Governmental Authorities, (e) to the extent included in periodic management reports prepared by Guarantor and delivered to lenders and certain other parties; provided, however, no fees provided for under this Agreement shall be disclosed in such reports, or (ef) to any other Person to which such delivery or disclosure may be necessary or appropriate (i) in compliance with any law, rule, regulation or order applicable to Borrower, (ii) in response to any subpoena or other legal process or information investigative demand or (iii) in connection with any litigation to which Borrower is a party.
Appears in 1 contract
Samples: Master Credit Facility Agreement (Newcastle Investment Corp)
Confidentiality of Certain Information. No Borrower Party Parties shall not disclose any terms, conditions, underwriting requirements or underwriting procedures of the Credit Facility or any of the Loan Documents; provided, however, that such confidential information may be disclosed (aA) as required by law or pursuant to generally accepted accounting procedures, (bB) to direct or indirect owners of any Borrower Party, officers, directors, employees, agents, partners, attorneys, accountants, engineers and other consultants of Borrower Parties who need to know such information, provided such Persons are instructed to treat such information confidentially, (cC) to any regulatory authority having jurisdiction over Borrowera Borrower Party, (dD) in connection with any filings with the Securities and Exchange Commission or other Governmental Authorities, or (eE) to any other Person to which such delivery or disclosure may be necessary or appropriate (i1) in compliance with any law, rule, regulation or order applicable to Borrowera Borrower Party, (ii2) in response to any subpoena or other legal process or information investigative demand or (iii3) in connection with any litigation to which such Borrower Party is a party.
Appears in 1 contract
Samples: Master Credit Facility Agreement (Archstone Smith Operating Trust)
Confidentiality of Certain Information. No Without express written consent of Lender and Xxxxxx Xxx, no Borrower Party shall disclose any terms, conditions, underwriting requirements or underwriting procedures of the Credit Facility or any of the Loan Documents; 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 Borrower who need to know such information, provided such Persons are instructed to treat such information confidentially, (c) to any regulatory authority having jurisdiction over Borrower, (d) in connection with any filings with the Securities and Exchange Commission or other Governmental Authorities, or (e) to any other Person to which such delivery or disclosure may be necessary or appropriate (i) in compliance with any law, rule, regulation or order applicable to Borrower, (ii) in response to any subpoena or other legal process or information investigative demand or (iii) in connection with any litigation to which Borrower is a party.
Appears in 1 contract
Samples: Master Credit Facility Agreement (Bre Properties Inc /Md/)