Common use of Confidentiality of Company Information Clause in Contracts

Confidentiality of Company Information. MBA, and its officers, directors, employees and agents shall maintain in strict confidence and not copy, disclose or transfer to any other party (1) all confidential business and financial information regarding the Company and its affiliates, including without limitation, projections, business plans, marketing plans, product development plans, pricing, costs, customer, vendor and supplier lists and identification, channels of distribution, and terms of identification of proposed or actual contracts and (2) all confidential technology of the Company. In furtherance of the foregoing, MBA agrees that it shall not transfer, transmit, distribute, download or communicate, in any electronic, digitized or other form or media, any of the confidential technology of the Company. The foregoing is not intended to preclude MBA from utilizing, subject to the terms and conditions of this Agreement, the Financing or Offering Memorandum and/or other documents prepared or approved by the Company. Further, the Company must approve the Financing or Offering Memorandum, being prepared by MBA, before it is mailed to prospective Investors. All communications regarding any possible transactions, requests for due diligence or other information, requests for facility tours, product demonstrations or management meetings, will be submitted or directed to the Company, and MBA shall not contact any employees, customers, suppliers or contractors of the Company or its affiliates without express permission. Nothing in this Agreement shall constitute a grant of authority to MBA or any representatives thereof to remove, examine or copy any particular document or types of information regarding the Company, and the Company shall retain control over the particular documents or items to be provided, examined or copied. If a Financing is not consummated, or if at any time the Company so requests, MBA and its representatives will return to the Company all copies of information regarding the Company in their possession. The provisions of this Section shall survive any termination of this Agreement.

Appears in 4 contracts

Samples: Placement Agent and Advisory Services Agreement (Vinyl Products, Inc.), Placement Agent and Advisory Services Agreement (Voice Assist, Inc.), Placement Agent and Advisory Services Agreement (Voice Assist, Inc.)

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Confidentiality of Company Information. MBA, and its officers, directors, employees and agents shall maintain in strict confidence and not copy, disclose or transfer to any other party (1) all confidential business and financial information regarding the Company and its affiliates, including without limitation, projections, business plans, marketing plans, product development plans, pricing, costs, customer, vendor and supplier lists and identification, channels of distribution, and terms of identification of proposed or actual contracts and (2) all confidential technology of the Company. In furtherance of the foregoing, MBA agrees that it shall not transfer, transmit, distribute, download or communicate, in any electronic, digitized or other form or media, any of the confidential technology of the Company. The foregoing is not intended to preclude MBA from utilizing, subject to the terms and conditions of this Agreement, the Financing Private Placement or Offering Memorandum and/or other documents prepared or approved by the Company. Further, the Company must approve the Financing Private Placement or Offering Memorandum, being prepared by MBA, before it is mailed to prospective InvestorsInvestors or parties to a Transaction. All communications regarding any possible transactions, requests for due diligence or other information, requests for facility tours, product demonstrations or management meetings, will be submitted or directed to the Company, and MBA shall not contact any employees, customers, suppliers or contractors of the Company or its affiliates without express permission. Nothing in this Agreement shall constitute a grant of authority to MBA or any representatives thereof to remove, examine or copy any particular document or types of information regarding the Company, and the Company shall retain control over the particular documents or items to be provided, examined or copied. If a Financing Private Placement or a Transaction is not consummated, or if at any time the Company so requests, MBA and its representatives will return to the Company all copies of information regarding the Company in their possession. The provisions of this Section shall survive any termination of this Agreement.

Appears in 4 contracts

Samples: Placement Agent and Advisory Services Agreement (Remote Dynamics Inc), Placement Agent and Advisory Services Agreement (Monarch Staffing, Inc.), Placement Agent and Advisory Services Agreement (Sti Group Inc)

Confidentiality of Company Information. MBABSL, and its officers, directors, employees and agents shall maintain in strict confidence and not copy, disclose or transfer to any other party (1) all confidential business and financial information regarding the Company and its affiliates, including without limitation, projections, business plans, marketing plans, product development plans, pricing, costs, customer, vendor and supplier lists and identification, channels of distribution, and terms of identification of proposed or actual contracts and (2) all confidential technology of the Company. In furtherance of the foregoing, MBA BSL agrees that it shall not transfer, transmit, distribute, download or communicate, in any electronic, digitized or other form or media, any of the confidential technology of the Company. The foregoing is not intended to preclude MBA BSL from utilizing, subject to the terms and conditions of this Agreement, the Financing or Offering Memorandum offering memorandum and/or other documents prepared or approved by the Company. Further, the Company must approve the Financing or Offering Memorandumoffering memorandum, being prepared by MBABSL, before it is mailed to prospective Investors. All communications regarding any possible transactions, requests for due diligence or other information, requests for facility tours, product demonstrations or management meetings, will be submitted or directed to the Company, and MBA BSL shall not contact any employees, customers, suppliers or contractors of the Company or its affiliates without express permission. Nothing in this Agreement shall constitute a grant of authority to MBA BSL or any representatives thereof to remove, examine or copy any particular document or types of information regarding the Company, and the Company shall retain control over the particular documents or items to be provided, examined or copied. If a Financing or M&A Transaction is not consummated, or if at any time the Company so requests, MBA BSL and its representatives will return to the Company all copies of information regarding the Company in their possession. The provisions of this Section shall survive any termination of this Agreement.

Appears in 2 contracts

Samples: Placement Agent and Advisory Services Agreement (Sagoon Inc.), Placement Agent and Advisory Services Agreement (Sagoon Inc.)

Confidentiality of Company Information. MBAThe Agent, and its officers, directors, employees and agents shall maintain in strict confidence and not copy, disclose or transfer to any other party (1) all confidential business and financial information regarding the Company and its affiliates, including without limitation, projections, business plans, marketing plans, product development plans, pricing, costs, customer, vendor and supplier lists and identification, channels of distribution, and terms of identification of proposed or actual contracts and (2) all confidential technology of the Company. In furtherance of the foregoing, MBA the Agent agrees that it shall not transfer, transmit, distribute, download or communicate, in any electronic, digitized or other form or media, any of the confidential technology of the Company. The foregoing is not intended to preclude MBA the Agent from utilizing, subject to the terms and conditions of this Agent Agreement, the Financing or Offering Memorandum and/or other documents prepared or approved by the Company. Further, Company for use in the Company must approve the Financing or Offering Memorandum, being prepared by MBA, before it is mailed to prospective InvestorsOffering. All communications regarding any possible transactions, requests for due diligence or other information, requests for facility tours, product demonstrations or management meetings, will be submitted or directed to the Company, and MBA the Agent shall not contact any employees, customers, suppliers or contractors of the Company or its affiliates without express permission. Nothing in this Agent Agreement shall constitute a grant of authority to MBA the Agent or any representatives thereof to remove, examine or copy any particular document or types of information regarding the Company, and the Company shall retain control over the particular documents or items to be provided, examined or copied. If a Financing the Offering is not consummated, or if at any time the Company so requests, MBA the Agent and its representatives will return to the Company all copies of information regarding the Company in their possession. The provisions of this Section shall survive any termination of this Agent Agreement.

Appears in 2 contracts

Samples: Placement Agent Agreement (Little Squaw Gold Mining Co), Placement Agent Agreement (Little Squaw Gold Mining Co)

Confidentiality of Company Information. MBAThe Agent, and its officers, directors, employees and agents shall maintain in strict confidence and not copy, disclose or transfer to any other party (1) all confidential business and financial information regarding the Company and its affiliates, including without limitation, projections, business plans, marketing plans, product development plans, pricing, costs, customer, vendor and supplier lists and identification, channels of distribution, and terms of identification of proposed or actual contracts and (2) all confidential technology of the Company. In furtherance of the foregoing, MBA the Agent agrees that it shall not transfer, transmit, distribute, download or communicate, in any electronic, digitized or other form or media, any of the confidential technology of the Company. The foregoing is not intended to preclude MBA the Agent from utilizing, subject to the terms and conditions of this Agreement, the Financing or Offering Memorandum Subscription Agreement and/or other documents prepared or approved by the Company. Further, Company for use in the Company must approve the Financing or Offering Memorandum, being prepared by MBA, before it is mailed to prospective InvestorsOffering. All communications regarding any possible transactions, requests for due diligence or other information, requests for facility tours, product demonstrations or management meetings, will be submitted or directed to the Company, and MBA the Agent shall not contact any employees, customers, suppliers or contractors of the Company or its affiliates without express permission. Nothing in this Agreement shall constitute a grant of authority to MBA the Agent or any representatives thereof to remove, examine or copy any particular document or types of information regarding the Company, and the Company shall retain control over the particular documents or items to be provided, examined or copied. If a Financing the Offering is not consummated, or if at any time the Company so requests, MBA the Agent and its representatives will return to the Company all copies of information regarding the Company in their possession. The provisions of this Section shall survive any termination of this Agreement.

Appears in 1 contract

Samples: Placement Agent Agreement (Chilco River Holdings Inc)

Confidentiality of Company Information. MBAThe Agent, and its officers, directors, employees and agents shall maintain in strict confidence and not copy, disclose or transfer to any other party (1) all confidential business and financial information regarding the Company and its affiliates, including without limitation, projections, business plans, marketing plans, product development plans, pricing, costs, customer, vendor and supplier lists and identification, channels of distribution, and terms of identification of proposed or actual contracts and contracts, (2) all confidential technology of the CompanyCompany and (3) the terms and existence of this Agreement. In furtherance of the foregoing, MBA the Agent agrees that it shall not transfer, transmit, distribute, download or communicate, in any electronic, digitized or other form or media, any of the confidential technology of the Company. The foregoing is not intended to preclude MBA the Agent from utilizing, subject to the terms and conditions of this Agreement, the Financing or Offering Memorandum and/or other documents Subscription Agreement prepared or approved by the Company. Further, Company for use in the Company must approve the Financing or Offering Memorandum, being prepared by MBA, before it is mailed to prospective InvestorsOffering. All communications regarding any possible transactions, requests for due diligence or other information, requests for facility tours, product demonstrations or management meetings, will be submitted or directed to the Company, and MBA the Agent shall not contact any employees, customers, suppliers or contractors of the Company or its affiliates without express permission. Nothing in this Agreement shall constitute a grant of authority to MBA the Agent or any representatives thereof to remove, examine or copy any particular document or types of information regarding the Company, and the Company shall retain control over the particular documents or items to be provided, examined or copied. If a Financing the Offering is not consummated, or if at any time the Company so requests, MBA the Agent and its representatives will return to the Company all copies of information regarding the Company in their possession. The provisions of this Section shall survive any termination of this Agreement.

Appears in 1 contract

Samples: Agency Agreement (Ireland Inc.)

Confidentiality of Company Information. MBAThe Finder, and its officers, directors, employees and agents shall maintain in strict confidence and not copy, disclose or transfer to any other party (1) all confidential business and financial information regarding the Company and its affiliates, including without limitation, projections, business plans, marketing plans, product development plans, pricing, costs, customer, vendor and supplier lists and identification, channels of distribution, and terms of identification of proposed or actual contracts and (2) all confidential technology of the Company. In furtherance of the foregoing, MBA the Finder agrees that it shall not transfer, transmit, distribute, download or communicate, in any electronic, digitized or other form or media, any of the confidential technology of the Company. The foregoing is not intended to preclude MBA the Finder from utilizing, subject to the terms and conditions of this Agreement, the Financing or Offering Memorandum Private Placement memorandum and/or other documents prepared or approved by the Company. Further, Company for use in the Company must approve the Financing or Offering Memorandum, being prepared by MBA, before it is mailed to prospective InvestorsOffering. All communications regarding any possible transactions, requests for due diligence or other information, requests for facility tours, product demonstrations or management meetings, will be submitted or directed to the Company, and MBA shall the Finder hall not contact any employees, customers, suppliers or contractors of the Company or its affiliates without express permission. Nothing in this Agreement shall constitute a grant of authority to MBA the Finder or any representatives thereof to remove, examine or copy any particular document or types of information regarding the Company, and the Company shall retain control over the particular documents or items to be provided, examined or copied. If a Financing the Offering is not consummated, or if at any time the Company so requests, MBA the Finder and its representatives will return to the Company all copies of information regarding the Company in their possession. The provisions of this Section shall survive any termination of this Agreement.

Appears in 1 contract

Samples: Finder's Agreement (Film & Music Entertainment, Inc.)

Confidentiality of Company Information. MBAThe Consultant, and its officers, directors, employees and agents shall maintain in strict confidence and not copy, disclose or transfer to any other party (1) all confidential business and financial information regarding the Company and its affiliates, including without limitation, projections, business plans, marketing plans, product development plans, pricing, costs, customer, vendor and supplier lists and identification, channels of distribution, and terms of identification of proposed or actual contracts and (2) all confidential technology of the Company. In furtherance of the foregoing, MBA the Consultant agrees that it shall not transfer, transmit, distribute, download or communicate, in any electronic, digitized or other form or media, any of the confidential technology of the Company. The foregoing is not intended to preclude MBA the Consultant from utilizing, subject to the terms and conditions of this Agreement, the Financing or Offering Memorandum Private Placement Memorandum, the SB2, 8K, 10Q and 10K Filings and/or other documents prepared or approved by the CompanyCompany or outside Research Reports for use in a Transaction. Further, the Company must approve the Financing or Offering Confidential Memorandum and/or Private Placement Memorandum, being prepared by MBAthe Consultant, before it is mailed to prospective InvestorsPartners. All communications regarding any possible transactions, requests for due diligence or other information, requests for facility tours, product demonstrations or management meetings, will be submitted or directed to the Company, and MBA the Consultant shall not contact any employees, customers, suppliers or contractors of the Company or its affiliates without express permission. Nothing in this Agreement shall constitute a grant of authority to MBA the Consultant or any representatives thereof to remove, examine or copy any particular document or types of information regarding the Company, and the Company shall retain control over the particular documents or items to be provided, examined or copied. If a Financing Transaction is not consummated, or if at any time the Company so requests, MBA the Consultant and its representatives will return to the Company all copies of information regarding the Company in their possession. The provisions of this Section shall survive any termination of this Agreement.

Appears in 1 contract

Samples: Consultant's Agreement (Trestle Holdings Inc)

Confidentiality of Company Information. MBAThe Finder, and its officers, directors, employees and agents shall maintain in strict confidence and not copy, disclose or transfer to any other party (1) all confidential business and financial information regarding the Company and its affiliates, including without limitation, projections, business plans, marketing plans, product development plans, pricing, costs, customer, vendor and supplier lists and identification, channels of distribution, and terms of identification of or proposed or actual contracts and (2) all confidential technology of the Company. In furtherance of the foregoing, MBA the Finder agrees that it shall not transfer, transmit, distribute, download or communicate, in any electronic, digitized or other form or media, any of the confidential technology of the Company. The foregoing is not intended to preclude MBA the Finder from utilizing, subject to the terms and conditions of this Agreement, the Financing or Offering Private Placement Memorandum and/or other documents prepared or approved by the Company. Further, Company for use in the Company must approve the Financing or Offering Memorandum, being prepared by MBA, before it is mailed to prospective InvestorsOffering. All communications regarding any possible transactions, requests for due diligence or other information, requests for facility tours, product demonstrations or management meetings, will be submitted or directed to the Company, and MBA the Finder shall not contact any employees, customers, suppliers or contractors of the Company or its affiliates without express permission. Nothing in this Agreement shall constitute a grant of authority to MBA the Finder or any representatives thereof to remove, examine or copy any particular document or types of information regarding the Company, and the Company shall retain control over the particular documents or items to be provided, examined or copied. If a Financing the Offering is not consummated, or if at any time the Company so requests, MBA the Finder and its representatives will return to the Company all copies of information regarding the Company in their possession. The provisions of this Section shall survive any termination of this Agreement.

Appears in 1 contract

Samples: Finder's Agreement (Vitrotech Corp)

Confidentiality of Company Information. MBAD&C, and its officers, directors, employees and agents shall maintain in strict confidence and not copy, disclose or transfer to any other party (1) all confidential business and financial information regarding the Company and its affiliates, including without limitation, projections, business plans, marketing plans, product development plans, pricing, costs, customer, vendor and supplier lists and identification, channels of distribution, and terms of identification of proposed or actual contracts and (2) all confidential technology of the Company. In furtherance of the foregoing, MBA D&C agrees that it shall not transfer, transmit, distribute, download or communicate, in any electronic, digitized or other form or media, any of the confidential technology of the Company. The foregoing is not intended to preclude MBA D&C from utilizing, subject to the terms and conditions of this Agreement, the Financing or an Offering Memorandum Memorandum, subscription agreement and/or other documents prepared or approved by the CompanyCompany for utilization in connection with the transactions contemplated hereunder. Further, the Company must approve the Financing or any such Offering Memorandum, subscription agreement or other documents, and any amendments or supplements thereto, being prepared by MBAD&C, before it is mailed to prospective Investors. All communications regarding any possible transactions, requests for due diligence or other information, requests for facility tours, product demonstrations or management meetings, will be submitted or directed to the Company, and MBA D&C shall not contact any employees, customers, suppliers or contractors of the Company or its affiliates without express permissionpermission from the Company. Nothing in this Agreement shall constitute a grant of authority to MBA D&C or any representatives thereof to remove, examine or copy any particular document or types of information regarding the Company, and the Company shall retain control over the particular documents or items to be provided, examined or copied. If a Financing Placement is not consummated, or if at any time the Company so requests, MBA D&C and its representatives will return to the Company all copies of information regarding the Company in their possession. The provisions of this Section shall survive any termination of this Agreement.

Appears in 1 contract

Samples: Placement Agent and Advisory Services Agreement (Abviva Inc)

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Confidentiality of Company Information. MBAIB, and its officers, directors, employees and agents shall maintain in strict confidence and not copy, disclose or transfer to any other party (1) all confidential business and financial information regarding the Company and its affiliates, including without limitation, projections, business plans, marketing plans, product development plans, pricing, costs, customer, vendor and supplier lists and identification, channels of distribution, and terms of identification of proposed or actual contracts and (2) all confidential technology of the Company. In furtherance of the foregoing, MBA IB agrees that it shall not transfer, transmit, distribute, download or communicate, in any electronic, digitized or other form or media, any of the confidential technology of the Company. The foregoing is not intended to preclude MBA IB from utilizing, subject to the terms and conditions of this Agreement, the Financing or an Offering Memorandum Memorandum, subscription agreement and/or other documents prepared or approved by the CompanyCompany for utilization in connection with the transactions contemplated hereunder. Further, the Company must approve the Financing or any such Offering Memorandum, subscription agreement or other documents, and any amendments or supplements thereto, being prepared by MBAIB, before it is mailed to prospective Investors. All communications regarding any possible transactions, requests for due diligence or other information, requests for facility tours, product demonstrations or management meetings, will be submitted or directed to the Company, and MBA IB shall not contact any employees, customers, suppliers or contractors of the Company or its affiliates without express permissionpermission from the Company. Nothing in this Agreement shall constitute a grant of authority to MBA IB or any representatives thereof to remove, examine or copy any particular document or types of information regarding the Company, and the Company shall retain control over the particular documents or items to be provided, examined or copied. If a Financing Placement is not consummated, or if at any time the Company so requests, MBA IB and its representatives will return to the Company all copies of information regarding the Company in their possession. The provisions of this Section shall survive any termination of this Agreement.

Appears in 1 contract

Samples: Placement Agent and Advisory Services Agreement (Web Blockchain Media, Inc.)

Confidentiality of Company Information. MBABSL, and its officers, directors, employees and agents shall use commercially reasonable efforts to maintain in strict confidence and not copy, disclose or transfer to any other party (1) all confidential business and financial information regarding the Company and its affiliates, including without limitation, projections, business plans, marketing plans, product development plans, pricing, costs, customer, vendor and supplier lists and identification, channels of distribution, and terms of identification of proposed or actual contracts and (2) all confidential technology of the Company. In furtherance of the foregoing, MBA BSL agrees that it shall not transfer, transmit, distribute, download or communicate, in any electronic, digitized or other form or media, any of the confidential technology of the Company. The foregoing is not intended to preclude MBA BSL from utilizing, subject to the terms and conditions of this Agreement, the Financing or Offering Memorandum and/or other documents prepared or approved by the Company. Further, the Company must approve the Financing or Offering Memorandum, being prepared by MBA, before it is mailed to prospective Investors. All communications regarding any possible transactions, requests for due diligence or other information, requests for facility tours, product demonstrations or management meetings, will be submitted or directed to the Company, and MBA BSL shall not contact any employees, customers, suppliers or contractors of the Company or its affiliates without express permission. Nothing in this Agreement shall constitute a grant of authority to MBA BSL or any representatives thereof to remove, examine or copy any particular document or types of information regarding the Company, and the Company shall retain control over the particular documents or items to be provided, examined or copied. If a Financing is not consummatedBSL shall be permitted to maintain at least one copy of all Company information, confidential or if at not, in any time the Company so requestsformat, MBA and whether electronic, digital or hard copy, to satisfy its representatives will return to the Company all copies of information regarding the Company in their possessionrecordkeeping requirements. The provisions of this Section shall survive any termination of this Agreement.

Appears in 1 contract

Samples: Placement Agent and Advisory Services Agreement (Green Hygienics Holdings Inc.)

Confidentiality of Company Information. MBAThe Finder, and its officers, directors, employees and agents shall maintain in strict confidence and not copy, disclose or transfer to any other party (1) all confidential business and financial information regarding the Company and its affiliates, including without limitation, projections, business plans, marketing plans, product development plans, pricing, costs, customer, vendor and supplier lists and identification, channels of distribution, and terms of identification of proposed or actual contracts and (2) all confidential technology of the Company. In furtherance of the foregoing, MBA the Finder agrees that it shall not transfer, transmit, distribute, download or communicate, in any electronic, digitized or other form or media, any of the confidential technology of the Company. The foregoing is not intended to preclude MBA the Finder from utilizing, subject to the terms and conditions of this Agreement, the Financing or Offering any Private Placement Memorandum and/or other documents prepared or approved by the Company. Further, Company for use in the Company must approve the Financing or Offering Memorandum, being prepared by MBA, before it is mailed to prospective InvestorsOffering. All communications regarding any possible transactions, requests for due diligence or other information, requests for facility tours, product demonstrations or management meetings, will be submitted or directed to the Company, and MBA the Finder shall not contact any employees, customers, suppliers or contractors of the Company or its affiliates without express permission. Nothing in this Agreement shall constitute a grant of authority to MBA the Finder or any representatives thereof to remove, examine or copy any particular document or types of information regarding the Company, and the Company shall retain control over the particular documents or items to be provided, examined or copied. If a Financing the Offering is not consummated, or if at any time the Company so requests, MBA the Finder and its representatives will return to the Company all copies of information regarding the Company in their possession. The provisions of this Section shall survive any termination of this Agreement.

Appears in 1 contract

Samples: Finder's Agreement (Siga Technologies Inc)

Confidentiality of Company Information. MBA, and its officers, directors, employees and agents shall maintain in strict confidence and not copy, disclose or transfer to any other party (1) all confidential business and financial information regarding the Company and its affiliates, including without limitation, projections, business plans, marketing plans, product development plans, pricing, costs, customer, vendor and supplier lists and identification, channels of distribution, and terms of identification of proposed or actual contracts and (2) all confidential technology of the Company. In furtherance of the foregoing, MBA agrees that it shall not transfer, transmit, distribute, download or communicate, in any electronic, digitized or other form or media, any of the confidential technology of the Company. The foregoing is not intended to preclude MBA from utilizing, subject to the terms and conditions of this Agreement, the Financing or Offering Memorandum and/or other documents prepared or approved by the Company. Further, the Company must approve the Financing or Offering Memorandum, being prepared by MBA, before it is mailed to prospective InvestorsInvestors or parties to an M&A Transaction. All communications regarding any possible transactions, requests for due diligence or other information, requests for facility tours, product demonstrations or management meetings, will be submitted or directed to the Company, and MBA shall not contact any employees, customers, suppliers or contractors of the Company or its affiliates without express permission. Nothing in this Agreement shall constitute a grant of authority to MBA or any representatives thereof to remove, examine or copy any particular document or types of information regarding the Company, and the Company shall retain control over the particular documents or items to be provided, examined or copied. If a Financing or an M&A Transaction is not consummated, or if at any time the Company so requests, MBA and its representatives will return to the Company all copies of information regarding the Company in their possession. The provisions of this Section shall survive any termination of this Agreement.

Appears in 1 contract

Samples: Placement Agent and Advisory Services Agreement (Pinnacle Energy Corp.)

Confidentiality of Company Information. MBAMBS, and its officers, directors, employees and agents shall maintain in strict confidence and not copy, disclose or transfer to any other party (1) all confidential business and financial information regarding the Company and its affiliates, including without limitation, projections, business plans, marketing plans, product development plans, pricing, costs, customer, vendor and supplier lists and identification, channels of distribution, and terms of identification of proposed or actual contracts and (2) all confidential technology of the Company. In furtherance of the foregoing, MBA MBS agrees that it shall not transfer, transmit, distribute, download or communicate, in any electronic, digitized or other form or media, any of the confidential technology of the Company. The foregoing is not intended to preclude MBA MBS from utilizing, subject to the terms and conditions of this Agreement, the Financing or Offering Memorandum and/or other documents prepared or approved by the Company. Further, the Company must approve the Financing or Offering Offering. Memorandum, being prepared by MBAMBS, before it is mailed to prospective Investors. All communications regarding any possible transactions, requests for due diligence or other information, requests for facility tours, product demonstrations or management meetings, will be submitted or directed to the Company, and MBA MBS shall not contact any employees, customers, suppliers or contractors of the Company or its affiliates without express permission. Nothing in this Agreement shall constitute a grant of authority to MBA MBS or any representatives thereof to remove, examine or copy any particular document or types of information regarding the Company, and the Company shall retain control over the particular documents or items to be provided, examined or copied. If a Financing is not consummated, or if at any time the Company so requests, MBA MBS and its representatives will return to the Company all copies of information regarding the Company in their possession. The provisions of this Section shall survive any termination of this Agreement.

Appears in 1 contract

Samples: Placement Agent and Advisory Services Agreement (BioSculpture Technology, Inc.)

Confidentiality of Company Information. MBAShemano , and its officers, directors, employees and agents shall maintain in strict confidence and not copy, disclose or transfer to any other party (1) all confidential business and financial information regarding the Company and its affiliates, including without limitation, projections, business plans, marketing plans, product development plans, pricing, costs, customer, vendor and supplier lists and identification, channels of distribution, and terms of identification of proposed or actual contracts and (2) all confidential technology of the Company. For purposes hereof, it shall be assumed that all information furnished by the Company to Shemano shall be confidential information. In furtherance of the foregoing, MBA Shemano agrees that it shall not transfer, transmit, distribute, download or communicate, in any electronic, digitized or other form or media, any of the confidential technology of the Company. The foregoing is not intended to preclude MBA Shemano from utilizing, subject to the terms and conditions of this Agreement, the Financing or Offering Memorandum and/or other documents Documents prepared or approved by the Company. Further, Company for use in the Company must approve the Financing or Offering Memorandum, being prepared by MBA, before it is mailed to prospective InvestorsOffering. All communications regarding any possible transactions, requests for due diligence or other information, requests for facility tours, product demonstrations or management meetings, will be submitted or directed to the Company, and MBA Shemano shall not contact any employees, customers, suppliers or contractors of the Company or its affiliates without express permissionpermission of the Company. Nothing in this Agreement shall constitute a grant of authority to MBA Shemano or any representatives thereof to remove, examine or copy any particular document or types of information regarding the Company, and the Company shall retain control over the particular documents or items to be provided, examined or copied. If a Financing the Offering is not consummated, or if at any time the Company so requests, MBA Shemano and its representatives will return to the Company all copies of information regarding the Company in their possession. The provisions of this Section shall survive any termination of this Agreement.

Appears in 1 contract

Samples: Agency Agreement (Guardian Technologies International Inc)

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