Common use of Confidentiality of Portfolio Holdings and Other Information Clause in Contracts

Confidentiality of Portfolio Holdings and Other Information. Each of Bank and Agent shall keep confidential, and will cause its employees to keep confidential, all non-public information concerning each Lender’s portfolio holdings and other confidential information (collectively “Lender Confidential Information”) obtained hereunder from or on behalf of the Lender. Bank will use Lender Confidential Information only for the purposes of providing services under this Agreement and will disclose such Lender Confidential Information only to the extent necessary to provide the services specified in this Agreement or as otherwise required by law or otherwise with the consent of Lender. Agent will use Lender Confidential Information only for the purposes of providing services under the Securities Lending Agency Agreement or in furtherance of its obligations hereunder and will disclose such Lender Confidential Information only to the extent necessary to provide such services or fulfill such obligations or as otherwise required by law or otherwise with the consent of Lender. Each of Lender and Agent shall keep confidential all confidential information provided to it by Bank about Bank under this Agreement (“Bank Confidential Information”), except to the extent that disclosure is required by applicable law, disclosure to the advisors of the Lenders and other service providers to the Lenders is necessary to consummate the transactions contemplated by this Agreement, or otherwise with the consent of Bank. Each of Lender and Bank shall keep confidential all confidential information provided to it by Agent about Agent or a Borrower under a Borrowing Agreement under this Agreement (“Agent Confidential Information”), except to the extent that disclosure is required by applicable law, disclosure to the advisors of the Lenders and other service providers to the Lenders is necessary to consummate the transactions contemplated by this Agreement, or otherwise with the consent of Agent. Confidential Information of a disclosing party (whether it be Lender Confidential Information, Bank Confidential Information or Agent Confidential Information) shall in no event include information which the receiving party (i) knew at the time of first disclosure to it; (ii) is or becomes generally known in the industry or public knowledge without default by the receiving party of its obligations hereunder; (iii) can demonstrate, from written records, has been independently developed through employees none of whom had access to Confidential Information; or (iv) is generally furnished to third parties by the disclosing party without confidentiality restriction. A receiving party may disclose the other party’s Confidential Information pursuant to regulatory duties or competent judicial order provided that subject to Section 11(a)(ii) such party provides to the other party prompt detailed notice of such duties or order to permit the other party to seek an appropriate protective order or otherwise intervene to protect its Confidential Information. Notwithstanding anything herein that may be to the contrary, a receiving party may disclose Confidential Information of the other party to its regulatory authority having supervisory jurisdiction over it pursuant to a request made during the course of a supervisory examination or otherwise.

Confidentiality of Portfolio Holdings and Other Information. Each of Bank and Agent GSAL shall keep confidential, and will cause its employees to keep confidential, all non-public information concerning each Lender’s portfolio holdings and other confidential information (collectively “Lender Confidential Information”) obtained hereunder from or on behalf of the LenderLender to the extent provided in this Section 26. Bank GSAL will use Lender Confidential Information only for the purposes of providing services under this Agreement and will disclose such Lender Confidential Information only to the extent GSAL determines in good faith to be reasonably necessary to provide the services specified in this Agreement or as otherwise required by law or otherwise with the consent of Lender. Agent will use Lender Confidential Information only for the purposes of providing services under the Securities Lending Agency Agreement or in furtherance of its obligations hereunder and will disclose such Lender Confidential Information only to the extent necessary to provide such services or fulfill such obligations or as otherwise required by law or otherwise with the consent of Lenderlaw. Each of Lender and Agent shall keep confidential all confidential information provided to it by Bank about Bank GSAL under this Agreement (“Bank GSAL Confidential Information”), except to the extent that disclosure is required by applicable law, disclosure to the advisors of the Lenders Advisor and other service providers to the Lenders is necessary to consummate the transactions contemplated by this Agreement, or otherwise with the consent of Bank. Each of Lender and Bank shall keep confidential all confidential information provided to it by Agent about Agent or a Borrower under a Borrowing Agreement under this Agreement (“Agent Confidential Information”), except to the extent that disclosure is required by applicable law, disclosure to the advisors of the Lenders and other service providers to the Lenders is necessary to consummate the transactions contemplated by this Agreement, or otherwise with the consent of AgentGSAL. Confidential Information of a disclosing party (whether it be Lender Confidential Information, Bank Confidential Information or Agent Confidential Information) shall in no event include information which the receiving party (i) knew at the time of first disclosure to it; (ii) is or becomes generally known in the industry or public knowledge without default by the receiving party of its obligations hereunder; (iii) can demonstrate, from written records, has been independently developed through employees none of whom had access to Confidential Information; or (iv) is generally furnished to third parties by the disclosing party without confidentiality restriction. A receiving party may disclose the other party’s Confidential Information pursuant to regulatory duties or competent judicial order provided that subject to Section 11(a)(ii) such party provides to the other party prompt detailed notice of such duties or order to permit the other party to seek an appropriate protective order or otherwise intervene to protect its Confidential Information. Notwithstanding anything herein that may be to the contrary, a receiving party may disclose Confidential Information of the other party to its regulatory authority having supervisory jurisdiction over it pursuant to a request made during the course of a supervisory examination or otherwise.

Confidentiality of Portfolio Holdings and Other Information. Each of Bank and Agent shall keep confidential, and will cause its employees to keep confidential, all non-public information concerning each the Lender’s portfolio holdings and other confidential information (collectively collectively, “Lender Confidential Information”) obtained hereunder from or on behalf of the Lender. Bank will use Lender Confidential Information only for the purposes of providing services under this Agreement and will disclose such Lender Confidential Information only to the extent necessary to provide the services specified in this Agreement or as otherwise required by law or otherwise with the consent of Lenderlaw. Agent will use Lender Confidential Information only for the purposes of providing services under the Securities Lending Agency Agreement or in furtherance of its obligations hereunder and will disclose such Lender Confidential Information only to the extent necessary to provide such services or fulfill such obligations or as otherwise required by law or otherwise with the consent of Lender. Each of Lender and Agent shall keep confidential all confidential information provided to it by Bank about Bank under this Agreement (“Bank Confidential Information”), except to the extent that disclosure is required by applicable law, disclosure to the advisors of the Lenders and other service providers to the Lenders is necessary to consummate the transactions contemplated by this Agreement, law or otherwise with the consent of Bank. Each of Lender and Bank shall keep confidential all confidential information provided to it by Agent about Agent or a Borrower under a Borrowing Agreement under this Agreement (“Agent Confidential Information”), except to the extent that disclosure is required by applicable law, disclosure to the advisors of the Lenders and other service providers to the Lenders is necessary to consummate the transactions contemplated by this Agreement, or otherwise with the consent of Agent. Confidential Information of a disclosing party (whether it be Lender Confidential Information, Bank Confidential Information or Agent Confidential Information) shall in no event include information which the receiving party (i) knew at the time of first disclosure to it; (ii) is or becomes generally known in the industry or public knowledge without default by the receiving party of its obligations hereunder; (iii) can demonstrate, from written records, has been independently developed through employees none of whom had access to Confidential Information; or (iv) is generally furnished to third parties by the disclosing party without confidentiality restriction. A receiving party may disclose the other party’s Confidential Information pursuant to regulatory duties or competent judicial order provided that subject to Section 11(a)(ii) such party provides to the other party prompt detailed notice of such duties or order to permit the other party to seek an appropriate protective order or otherwise intervene to protect its Confidential Information. Notwithstanding anything herein that may be to the contrary, a receiving party may disclose Confidential Information of the other party to its regulatory authority having supervisory jurisdiction over it pursuant to a request made during the course of a supervisory examination or otherwise.

Confidentiality of Portfolio Holdings and Other Information. Each of Bank and Agent shall keep confidential, and will cause its employees to keep confidential, all non-public information concerning each the Lender’s 's portfolio holdings and other confidential information (collectively “collectively, "Lender Confidential Information”") obtained hereunder from or on behalf of the Lender. Bank will use Lender Confidential Information only for the purposes of providing services under this Agreement and will disclose such Lender Confidential Information only to the extent necessary to provide the services specified in this Agreement or as otherwise required by law or otherwise with the consent of Lenderlaw. Agent will use Lender Confidential Information only for the purposes of providing services under the Securities Lending Agency Agreement or in furtherance of its obligations hereunder and will disclose such Lender Confidential Information only to the extent necessary to provide such services or fulfill such obligations or as otherwise required by law or otherwise with the consent of Lender. Each of Lender and Agent shall keep confidential all confidential information provided to it by Bank about Bank under this Agreement (“"Bank Confidential Information”"), except to the extent that disclosure is required by applicable law, disclosure to the advisors of the Lenders and other service providers to the Lenders is necessary to consummate the transactions contemplated by this Agreement, law or otherwise with the consent of Bank. Each of Lender and Bank shall keep confidential all confidential information provided to it by Agent about Agent or a Borrower under a Borrowing Agreement under this Agreement (“Agent Confidential Information”), except to the extent that disclosure is required by applicable law, disclosure to the advisors of the Lenders and other service providers to the Lenders is necessary to consummate the transactions contemplated by this Agreement, or otherwise with the consent of Agent. Confidential Information of a disclosing party (whether it be Lender Confidential Information, Bank Confidential Information or Agent Confidential Information) shall in no event include information which the receiving party (i) knew at the time of first disclosure to it; (ii) is or becomes generally known in the industry or public knowledge without default by the receiving party of its obligations hereunder; (iii) can demonstrate, from written records, has been independently developed through employees none of whom had access to Confidential Information; or (iv) is generally furnished to third parties by the disclosing party without confidentiality restriction. A receiving party may disclose the other party’s 's Confidential Information pursuant to regulatory duties or competent judicial order provided that subject to Section 11(a)(ii) such party provides to the other party prompt detailed notice of such duties or order to permit the other party to seek an appropriate protective order or otherwise intervene to protect its Confidential Information. Notwithstanding anything herein that may be to the contrary, a receiving party may disclose Confidential Information of the other party to its regulatory authority having supervisory jurisdiction over it pursuant to a request made during the course of a supervisory examination or otherwise.

Confidentiality of Portfolio Holdings and Other Information. Each of Bank and Collateral Agent shall keep confidential, and will cause its employees to keep confidential, all non-public information concerning each the Lender’s portfolio holdings and other confidential information (collectively collectively, “Lender Confidential Information”) obtained hereunder from or on behalf of the Lender. Bank Collateral Agent will use Lender Confidential Information only for the purposes of providing services under this Agreement and will disclose such Lender Confidential Information to Securities Lending Agent or any other person only to the extent necessary to provide the services specified in this Agreement or as otherwise required by law or otherwise with the consent of Lender. Agent will use Lender Confidential Information only for the purposes of providing services under the Securities Lending Agency Agreement or in furtherance of its obligations hereunder and will disclose such Lender Confidential Information only to the extent necessary to provide such services or fulfill such obligations or as otherwise required by law or otherwise with the consent of Lender. Each of Lender and Agent shall keep confidential all confidential information provided to it by Bank about Bank Collateral Agent under this Agreement (“Bank "Collateral Agent Confidential Information”"), except to the extent that disclosure is required by applicable law, disclosure to the advisors of the Lenders and other service providers to the Lenders is necessary to consummate the transactions contemplated by this Agreement, or otherwise with the consent of Bank. Each of Lender and Bank shall keep confidential all confidential information provided to it by Agent about Agent or a Borrower under a Borrowing Agreement under this Agreement (“Agent Confidential Information”), except to the extent that disclosure is required by applicable law, disclosure to the advisors of the Lenders and other service providers to the Lenders is necessary to consummate the transactions contemplated by this Agreement, or otherwise with the consent of Collateral Agent. Confidential Information of a disclosing party (whether it be Lender Confidential Information, Bank Confidential Information or Agent Confidential Information) shall in no event include information which the receiving party (i) knew at the time of first disclosure to it; (ii) is or becomes generally known in the industry or public knowledge without default by the receiving party of its obligations hereunder; (iii) can demonstrate, from written records, has been independently developed through employees none of whom had access to Confidential Information; or (iv) is generally furnished to third parties by the disclosing party without confidentiality restriction. A receiving party may disclose the other party’s Confidential Information pursuant to regulatory duties or competent judicial order provided that subject to Section 11(a)(ii) such party provides to the other party prompt detailed notice of such duties or order to permit the other party to seek an appropriate protective order or otherwise intervene to protect its Confidential Information. Notwithstanding anything herein that may be to the contrary, a receiving party may disclose Confidential Information of the other party to its regulatory authority having supervisory jurisdiction over it pursuant to a request made during the course of a supervisory examination or otherwise.