Confidentiality of Holders. (a) Notwithstanding the termination of this Agreement and except as otherwise provided herein or in subsection (a) or (b) below, Inland shall maintain the confidentiality of the identities of (i) any Holder or any holder of any Obligation other than the TCW Sub Notes; and (ii) any owner of a beneficial interest in the TCW Sub Notes (collectively, "CONFIDENTIAL INFORMATION") and shall not, without the Requisite Holders' prior written consent, disclose any such information to another Person or use such information for purposes other than those contemplated herein.
Confidentiality of Holders. (a) Each Holder agrees, severally and not jointly, to use the same degree of care as such Holder uses to protect its own confidential information to keep confidential any information furnished to it which the Issuer identifies in writing as being proprietary or confidential (the “Issuer Confidential Information”), except such information that (a) was in the public domain prior to the time it was furnished to such Holder, (b) is or becomes (through no willful or improper action or inaction by such Holder) generally available to the public, (c) was in its possession or known by such Holder without restriction prior to receipt from the Issuer, (d) was rightfully disclosed to such Holder by a third party without restriction or (e) was independently developed without any use of the Issuer’s confidential information. Notwithstanding the foregoing, each Holder may disclose such proprietary or confidential information to any former partner who has retained an economic interest in such Holder, current or prospective partner, limited partner, general partner or management company of such Holder (or any employee or representative of any of the foregoing) (each of the foregoing persons, a “Permitted Disclosee”) or legal counsel, accountants or representatives for such Holder or Permitted Disclosee; provided, however, that any such Permitted Disclosee to whom Issuer confidential information is disclosed shall be subject to the confidentiality provisions of the operating agreements of such Holder. Furthermore, nothing contained herein shall prevent any Holder or Permitted Disclosee from (a) entering into any business, entering into any agreement with a third party, or investing in or engaging in investment discussions with any other company (whether or not competitive with the Issuer), provided that such Holder or Permitted Disclosee does not, except as permitted in accordance with this Section 9.11, disclose any proprietary or confidential information of the Issuer in connection with such activities, or (b) making any disclosures required by law, rule, regulation or court or other governmental order.
Confidentiality of Holders. The identity of each Certificateholder shall be kept confidential by the Certificate Registrar, the Securities Administrator and the Trustee unless such Certificateholder directs the Certificate Registrar, the Securities Administrator or the Trustee to release the identity of its ownership to the other Certificateholders pursuant to Section 3.02(c) or except to the extent that such disclosure is necessary to establish that a Certificate is in registered form under Section 5f.103-1(c) of the U.S. Department of Treasury regulations or is required by law by any regulatory or administrative authority in order to avoid withholding taxes or otherwise.
Confidentiality of Holders. (a) Notwithstanding the termination of this Agreement and except as otherwise provided in subsection (b), (c) or (d) below, Borrower shall maintain the confidentiality of the identities of (i) any Holder or any holder of any Obligation other than the Notes; (ii) any participant in any of the TCW Funds; and (iii) any owner of a beneficial interest in the Notes (collectively, "Confidential Information") and shall not, without Lenders' or the Holder's prior written consent, disclose any such information to another Person or use such information for purposes other than those contemplated herein.
Confidentiality of Holders. (a) Notwithstanding the termination of this Agreement and except as otherwise provided herein or in this subsection (a) or subsection (b) below, Inland shall maintain the confidentiality of the identities of (i) any Holder or any holder of any Obligation other than the Senior Sub Notes; and (ii) any owner of a beneficial interest in the Senior Sub Notes (collectively, "Confidential Information") and shall not, without the Requisite Holders' prior written consent, disclose any such information to another Person or use such information for purposes other than those contemplated herein.
Confidentiality of Holders. 70 Section 8.13 Transfer of Notes....................................................................71 Section 8.14
Confidentiality of Holders. 72 Section 8.13 Transfer of Notes................................... 73 Section 8.14 Reproduction of Documents........................... 73 Section 8.15 Currency in Which Payments Shall Be Made............ 74 Section 8.16 Judgments in Other Than Dollars..................... 74 Section 8.17 Ratification of Credit Agreement and Loan Documents. 74 Exhibits: --------- Exhibit A - Form of Australian Charge Exhibit B-1 - Form of Restricted Account Agreement Exhibit B-2 - Form of Bankers Deed of Covenant Exhibit C-1 - Form of Guarantee Agreement Exhibit C-2 - Form of Guarantee and Indemnity Exhibit D - Form of TC Pledge and Security Agreement Exhibit D-1 - Form of First Amendment to TC Pledge and Security Agreement Exhibit E - Form of Royalty Agreement Exhibit F - Form of TOGA Security Agreement Exhibit G-1 - Form of Equity Letter of Credit Exhibit G-2 - Form of Tri-Star Litigation Indemnity Letter of Credit Exhibit H - Form of Subordination Agreement Exhibit I - Form of TOGA-Borrower Management Agreement Exhibit J-1 - Form of First Amended and Restated TOGC Pledge and Security Agreement Exhibit K - Form of Senior Secured Promissory Note Exhibit L - Form of Request for Initial Loan Advance Exhibit M - Form of Request for Additional Loan Advance Exhibit N - [Deleted] Exhibit O - Form of Letter Directing Payment to Collateral Account Exhibit P - Form of Omnibus Certificate of Secretary Exhibit Q - Form of Compliance Certificate Exhibit R-1 - Form of Opinion of Australian counsel Exhibit R-2 - Form of Opinion of New York counsel Exhibit R-3 - Form of Opinion of Texas counsel Exhibit S - Form of Collateral Properties Exhibit T - Form of Supplement to Royalty Agreement Schedules: ---------- Schedule 1 - Disclosure Schedule Schedule 2 - List of Lenders Schedule 3 - Holders' Individual Note Amounts/Pro Rata Shares Schedule 4 - Security Schedule Schedule 5 - Payment Accounts Schedule 6 - Insurance FIRST AMENDED AND RESTATED CREDIT AGREEMENT THIS FIRST AMENDED AND RESTATED CREDIT AGREEMENT ("Agreement") is entered into as of February 2, 2001 and amends and restates in its entirety that certain Credit Agreement dated as of April 28, 2000, by and between: TIPPERARY CORPORATION, a Texas corporation ("Borrower"); TIPPERARY OIL & GAS (AUSTRALIA) PTY. LTD (XXX 000 000 000), x Xxxxxxxxxx, Xxxxxxxxx corporation ("TOGA"); TIPPERARY OIL & GAS CORPORATION, a Texas corporation ("TOGC"); LENDERS (as defined below) that are party hereto; TCW ASSET MANAGEMENT COMPANY, a California corp...
Confidentiality of Holders. (a) Notwithstanding the termination of this Agreement and except as otherwise provided herein or in this subsection (a) or subsection (c) below, Issuer shall, and shall cause its Subsidiaries and Affiliates to, maintain the confidentiality of the identities of (i) any Holder or any holder of any Note Obligation other than the Notes; and (ii) any owner of a beneficial interest in the Notes (collectively, “Confidential Information”) and shall not, without the prior written consent of the Requisite Holders, as applicable, disclose any such information to another Person or use such information for purposes other than those contemplated herein.
Confidentiality of Holders. 28 10.9 Successors and Assigns.....................................................28 10.10 Counterparts...............................................................28 10.11 Severability...............................................................28 10.12 Expenses...................................................................29 10.13 Specific Performance.......................................................29 TABLE OF EXHIBITS AND SCHEDULES Exhibit A Form of Officer's Certificate Exhibit B Form of Secretary's Certificate Exhibit C Form of Amendment to Senior Subordinated Note Purchase Agreement Exhibit D Form of Amendment to Option Agreement Exhibit E Form of Amended Registration Rights Agreement Exhibit F Form of Development Agreement Exhibit G Form of Termination Agreement Exhibit H Form of Legal Opinion Exhibit I-1 Form of XxxXxxxx Amendment to Employment Agreement Exhibit I-2 Form of Xxxxxxxxxx Amendment to Employment Agreement Exhibit J Form of Amendment to Articles of Incorporation Schedule 3.1 Subsidiaries Schedule 3.2 Convertible Securities Schedule 3.3 Financial Information Schedule 3.5 Litigation Schedule 3.6 Undisclosed Liabilities Schedule 3.7 Consents/Approvals Schedule 3.10 Compliance with Laws Schedule 3.13 ERISA Plans Schedule 3.16 Environmental EXCHANGE AND STOCK ISSUANCE AGREEMENT This EXCHANGE AND STOCK ISSUANCE AGREEMENT (this "Agreement") is dated as of January 30, 2003, by and among INLAND RESOURCES INC., a Washington corporation ("Inland") and INLAND PRODUCTION COMPANY, a Texas corporation ("IPC" together with Inland, the "Companies"), on the one hand, and INLAND HOLDINGS, LLC, a California limited liability company ("TCW") and SOLVation Inc., a Delaware corporation ("Xxxxx," together with TCW, the "Holders" and each, a "Holder"), on the other hand.
Confidentiality of Holders. (a) Notwithstanding the termination of this Agreement and except as otherwise required by Law or provided herein or in the subsections below, Inland shall maintain the confidentiality of the identities of the Holders and any owner of a beneficial interest in the Stock (collectively, "Confidential Information") and shall not, without the Requisite Holders' prior written consent, disclose any such information to another Person or use such information for purposes other than those contemplated herein.
