Common use of Confidentiality; Public Statements Clause in Contracts

Confidentiality; Public Statements. (a) Each of SPC and the Stockholders acknowledges that it has had or may have access to certain information provided by or on behalf of the other Party concerning or relating to the Bid and the Transaction which is either confidential or proprietary in nature (collectively, the “Confidential Information”). Each Party agrees that it shall, and shall cause its directors, officers, employees, affiliates and representatives to, maintain the confidentiality of the Confidential Information and refrain from disclosing any Confidential Information to any third person or entity, except (i) as required by law, regulation or legal or regulatory process, (ii) its directors, officers, employees, affiliates, representatives and third-party advisors who need to know such Confidential Information in connection with advising such Party with respect to the Bid or the Transaction, (iii) as disclosed in the ordinary course to partners in funds affiliated with SPC and related co-investors (provided that such partners and co-investors shall be subject to this Section 4 to the same extent as SPC and SPC shall be responsible for any breaches of this Section 4 by such partners and co-investors), (iv) as authorized by writing by BZ (in the case of disclosure by SPC) or by SPC (in the case of disclosure by any of the Stockholders) or (v) in any proceeding arising from a dispute between the Parties alleging a breach of the terms of this Agreement. In the event that a Party receives a request to disclose all or any part of the Confidential Information from a court or governmental or regulatory authority or agency or is obligated to disclose any portion of the Confidential Information as described in clause (i) of the preceding sentence, it shall, to the extent permitted by law, (x) notify as promptly as possible the other Party of the existence, terms and circumstances surrounding such obligation; (y) consult with the other Party on the advisability of taking legally available steps to resist or defend against such obligation or to protect the confidentiality of such Confidential Information following such disclosure; and (z) if disclosure of such Confidential Information shall be required, furnish only that portion of the Confidential Information that such Party is requested or legally compelled to disclose. For purposes of this Agreement, “Confidential Information” shall not include information that is or becomes available to the public generally (including if disclosed by AmTrust), other than as a result of disclosure by a Party or its directors, officers, employees, affiliates or representatives in breach of the terms of this Agreement.

Confidentiality; Public Statements. (ai) Each of SPC and the Stockholders Parties acknowledges that it has had or may have access to certain information provided by or on behalf of the other Party Parties concerning or relating to the Bid Merger and the Transaction other transactions contemplated hereby which is either confidential or proprietary in nature (collectively, the “Confidential Information”). Each Party agrees that it shall, and shall cause its directors, officers, employees, affiliates Affiliates and representatives to, maintain the confidentiality of the Confidential Information and refrain from disclosing any Confidential Information to any third person or entity, except (iA) as required by law, regulation or legal or regulatory process, (iiB) its directors, officers, employees, affiliatesAffiliates, representatives and third-party advisors who need to know such Confidential Information in connection with advising such Party with respect to the Bid or Merger and the Transactionother transactions contemplated thereby, (iiiC) as disclosed in the ordinary course to partners in funds affiliated with SPC Trident and related co-investors (provided provided, that such partners and co-investors shall be subject to this Section 4 18(a) to the same extent as SPC Trident and SPC Trident shall be responsible for any breaches of this Section 4 18(a) by such partners and co-investors), (ivD) as authorized by writing by BZ (in the case of disclosure by SPC) or by SPC (in the case of disclosure by any of the Stockholders) Requisite Investors or (vE) in any proceeding arising from a dispute between the Parties alleging a breach of the terms of this Agreement. In the event that a Party receives a request to disclose all or any part of the Confidential Information from a court or governmental or regulatory authority or agency or is obligated to disclose any portion of the Confidential Information as described in clause (iA) of the preceding sentence, it shall, to the extent permitted by law, (x) notify as promptly as possible the other Party Requisite Investors of the existence, terms and circumstances surrounding such obligation; , (y) consult with the other Party Requisite Investors on the advisability of taking legally available steps to resist or defend against such obligation or to protect the confidentiality of such Confidential Information following such disclosure; , and (z) if disclosure of such Confidential Information shall be required, furnish only that portion of the Confidential Information that such Party is requested or legally compelled to disclose. For purposes of this Agreement, “Confidential Information” shall not include information that is or becomes available to the public generally (including if disclosed by AmTrustthe Company), other than as a result of disclosure by a Party or its directors, officers, employees, affiliates Affiliates or representatives in breach of the terms of this Agreement.

Confidentiality; Public Statements. (a) Each of SPC and the Stockholders 4.1 Investor acknowledges that it has had or may have access to certain information provided by or on behalf of the other Party Parent concerning or relating to the Bid Merger and the Transaction other transactions contemplated hereby or by the Merger Agreement which is either confidential or proprietary in nature (collectively, the “Confidential Information”). Each Party Investor agrees that it shall, and shall cause its directors, officers, employees, affiliates Affiliates and representatives to, maintain the confidentiality of the Confidential Information and refrain from disclosing any Confidential Information to any third person or entity, except (iA) as required by law, regulation or legal or regulatory process, (iiB) to its directors, officers, employees, affiliatesAffiliates, representatives and third-party advisors who need to know such Confidential Information in connection with advising such Party with respect to the Bid or Merger and the Transactionother transactions contemplated by this Agreement and by the Merger Agreement, (iiiC) as disclosed in the ordinary course to partners in funds affiliated with SPC Investor and its Affiliates and related co-investors (provided provided, that such partners and co-investors shall be subject to this Section 4 4.1 to the same extent as SPC Investor and SPC Investor shall be responsible for any breaches of this Section 4 4.1 by such partners and co-investors), (ivD) as authorized by writing by BZ (in the case of disclosure by SPC) or by SPC (in the case of disclosure by any of the Stockholders) Parent, or (vE) as required in any proceeding arising from a dispute between the Parties alleging a breach of the terms of this Agreement. In the event that a Party Investor receives a request to disclose all or any part of the Confidential Information from a court or governmental or regulatory authority or agency or is obligated to disclose any portion of the Confidential Information as described in clause (iA) of the preceding sentence, it shall, to the extent permitted by law, (x) notify as promptly as possible the other Party Parent of the existence, terms and circumstances surrounding such obligation; , (y) consult with the other Party Parent on the advisability of taking legally available steps to resist or defend against such obligation or to protect the confidentiality of such Confidential Information following such disclosure; disclosure (which such actions would be at the expense of Parent), and (z) if disclosure of such Confidential Information shall be required, furnish only that portion of the Confidential Information that such Party is requested or legally compelled to disclose. For purposes of this Agreement, “Confidential Information” shall not include information that is or becomes available to the public generally (including if disclosed by AmTrustthe Company), other than as a result of disclosure by a Party or its directors, officers, employees, affiliates Affiliates or representatives in breach of the terms of this Agreement.

Confidentiality; Public Statements. (a) Each of SPC and the Stockholders 4.1 Investor acknowledges that it has had or may have access to certain information provided by or on behalf of the other Party Parent concerning or relating to the Bid Merger and the Transaction other transactions contemplated hereby or by the Merger Agreement which is either confidential or proprietary in nature (collectively, the “Confidential Information”). Each Party Investor agrees that it shall, and shall cause direct its directors, officers, employees, affiliates Affiliates and representatives to, maintain the confidentiality of the Confidential Information and refrain from disclosing any Confidential Information to any third person or entity, except (iA) as required by law, regulation or legal or regulatory process, (iiB) to its directors, officers, employees, affiliatesAffiliates, representatives and third-party advisors who need to know such Confidential Information in connection with advising such Party with respect to the Bid or Merger and the Transactionother transactions contemplated by this Agreement and by the Merger Agreement, (iiiC) as disclosed in the ordinary course to partners in funds affiliated with SPC Investor and its Affiliates and related co-investors (provided provided, that such partners and co-investors shall be subject to this Section 4 4.1 to the same extent as SPC Investor and SPC Investor shall be responsible for any breaches of this Section 4 4.1 by such partners and co-investors), (ivD) as authorized by writing by BZ (in the case of disclosure by SPC) or by SPC (in the case of disclosure by any of the Stockholders) Parent, or (vE) as required in any proceeding arising from a dispute between the Parties alleging a breach of the terms of this Agreement. In the event that a Party Investor receives a request to disclose all or any part of the Confidential Information from a court or governmental or regulatory authority or agency or is obligated to disclose any portion of the Confidential Information as described in clause (iA) of the preceding sentence, it shall, to the extent practicable and permitted by law, (x) notify as promptly as possible the other Party Parent of the existence, terms and circumstances surrounding such obligation; , (y) consult with the other Party Parent on the advisability of taking legally available steps to resist or defend against such obligation or to protect the confidentiality of such Confidential Information following such disclosure; disclosure (which such actions would be at the expense of Parent), and (z) if disclosure of such Confidential Information shall be required, furnish only that portion of the Confidential Information that such Party is requested or legally compelled to disclose. For purposes of this Agreement, “Confidential Information” shall not include information that is or becomes available to the public generally (including if disclosed by AmTrustthe Company), other than as a result of disclosure by a Party Investor or its directors, officers, employees, affiliates Affiliates or representatives in breach of the terms of this Agreement.