Common use of Confidentiality; Sharing Information Clause in Contracts

Confidentiality; Sharing Information. (a) Each Agent, each Lender and each Transferee shall hold all non-public information obtained by such Agent, such Lender or such Transferee pursuant to the requirements of this Agreement in accordance with such Agent’s, such Lender’s and such Transferee’s customary procedures for handling confidential information of this nature; provided, however, each Agent, each Lender and each Transferee may disclose such confidential information (a) to its examiners, Affiliates, outside auditors, counsel and other professional advisors, (b) to any Agent, any Lender or to any prospective Transferees which agrees to be bound by the provisions of this Section, and (c) as required or requested by any Governmental Body or representative thereof or pursuant to legal process; provided, further that (i) unless specifically prohibited by Applicable Law, each Agent, each Lender and each Transferee shall use its reasonable best efforts prior to disclosure thereof, to notify the applicable Borrower of the applicable request for disclosure of such non-public information (A) by a Governmental Body or representative thereof (other than any such request in connection with an examination of the financial condition of a Lender or a Transferee by such Governmental Body) or (B) pursuant to legal process and (ii) in no event shall any Agent, any Lender or any Transferee be obligated to return any materials furnished by any Borrower other than those documents and instruments in possession of Administrative Agent or any Lender in order to perfect its Lien on the Collateral once the Obligations have been paid in full and this Agreement has been terminated.

Appears in 1 contract

Samples: Security Agreement (Skullcandy, Inc.)

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Confidentiality; Sharing Information. (a) Each Agent, each Lender and each Transferee shall hold all non-public information obtained by such Agent, such Lender or such Transferee pursuant to the requirements of this Agreement in accordance with such Agent’s's, such Lender’s 's and such Transferee’s 's customary procedures for handling confidential information of this nature; provided, however, each Agent, each Lender and each Transferee may disclose such confidential information (a) to its examiners, Affiliatesaffiliates, outside auditors, counsel and other professional advisors, (b) to any Agent, any Lender or to any prospective Transferees which agrees to be bound by the provisions of this Sectionand Purchasing Lenders, and (c) as required or requested by any Governmental Body or representative thereof or pursuant to legal process; provided, further that (i) unless specifically prohibited by Applicable Lawapplicable law or court order, each Agent, each Lender and each Transferee shall use its reasonable BLU-69367_7/ZRM1343/PNC008-129635 012000/11:12 77 best efforts as soon as reasonably practical, and in any event prior to disclosure thereof, to notify the applicable Borrower relevant Borrower[s] of the applicable request for disclosure of such non-public information (A) by a Governmental Body or representative thereof (other than any such request in connection with an examination of the financial condition of a Lender or a Transferee by such Governmental Body) or (B) pursuant to legal process and (ii) in no event shall any Agent, any Lender or any Transferee be obligated to return any materials furnished by any Borrower Borrowers other than those documents and instruments in possession of Administrative Agent or any Lender in order to perfect its Lien on the Collateral once the Obligations have been paid in full and this Agreement has been terminated.

Appears in 1 contract

Samples: Security Agreement (HMG Worldwide Corp)

Confidentiality; Sharing Information. (a) Each Agent, each Lender and each Transferee shall hold all non-public information obtained by such Agent, such Lender or such Transferee pursuant to the requirements of this Agreement in accordance with such Agent’s, such Lender’s and such Transferee’s customary procedures for handling confidential information of this nature; provided, however, each Agent, each Lender and each Transferee may disclose such confidential information (ai) to its examiners, Affiliatesaffiliates, outside auditors, counsel and other professional advisors, (bii) to any Agent, any Lender or to any prospective Transferees and Purchasing Lenders which agrees agree to be bound by hold such non-public information confidential in a manner similar to the provisions of this SectionSection 16.15, and (ciii) as required or requested by any Governmental Body or representative thereof or pursuant to legal process; provided, further that (ix) unless specifically prohibited by Applicable Law, each applicable law or court order Agent, each Lender and each Transferee shall use its reasonable best efforts prior to disclosure thereof, to notify the applicable Borrower Loan Parties of the applicable request for disclosure of such non-public information (A) by a Governmental Body or representative thereof (other than any such request in connection with an examination of the financial condition of a Lender or a Transferee by such Governmental Body) or (B) pursuant to legal process and (iiy) in no event shall any Agent, any Lender or any Transferee be obligated to return any materials furnished by any Borrower Loan Party other than those documents and instruments in possession of Administrative Agent or any Lender in order to perfect its Lien on the Collateral once the Obligations have been paid in full and this Agreement has been terminated.

Appears in 1 contract

Samples: Financing Agreement (Verrazano,inc.)

Confidentiality; Sharing Information. (a) Each Agent, each Lender and each Transferee Participant shall hold all non-public information obtained by such Agent, such Lender or such Transferee Participant pursuant to the requirements of this Agreement in accordance with such Agent’s's, such Lender’s 's and such Transferee’s Participant's customary procedures for handling confidential information of this nature; provided, however, each Agent, each Lender and each Transferee Participant may disclose such confidential information (a) to its examiners, Affiliatesaffiliates, outside auditors, counsel and other professional advisors, (b) to any Agent, any Lender or or, subject to any prospective Transferees which agrees to be bound by the provisions of this SectionSection 15.16(a), to any prospective Participants and Purchasing Lenders, and (c) as required or requested by any Governmental Body or representative thereof or pursuant to legal process; provided, further that (i) unless specifically prohibited by Applicable LawLaw or court order, each Agent, each Lender and each Transferee Participant shall use its reasonable best efforts prior to disclosure thereof, to notify the applicable Borrower of the applicable request for disclosure of such non-public information (A) by a Governmental Body or representative thereof (other than any such request in connection with an examination of the financial condition of a Lender or a Transferee Participant by such Governmental Body) or (B) pursuant to legal process and (ii) in no event shall any Agent, any Lender or any Transferee Participant be obligated to return any materials furnished by any Borrower other than those documents and instruments in possession of Administrative Agent or any Lender in order to perfect its Lien on the Collateral once the Obligations have been paid in full and this Agreement has been terminated.

Appears in 1 contract

Samples: Credit, Term Loan and Security Agreement (Aaf McQuay Inc)

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Confidentiality; Sharing Information. (a) Each AgentThe Lender, each Lender the Issuer and each Transferee transferee of the Lender or the Issuer pursuant to Section 16.3 (a "Transferee") shall hold all non-public information obtained by such Agentthe Lender, such Lender the Issuer or such Transferee pursuant to the requirements of this Agreement in accordance with such Agent’sthe Lender's, such Lender’s the Issuer's and such Transferee’s 's customary procedures for handling confidential information of this nature; provided, however, each Agentthe Lender, each Lender the Issuer and each such Transferee may disclose such confidential information (a) to its examiners, Affiliatesaffiliates, outside auditors, counsel and other professional advisors, (b) to any Agentthe Lender, any Lender or to any prospective Transferees which agrees to be bound by the provisions of this Section, Issuer and such Transferee and (c) as required or requested by any Governmental Body or representative thereof or pursuant to legal process; provided, further that (i) unless specifically prohibited by Applicable Lawapplicable law or court order, each Agentthe Lender, each Lender the Issuer and each such Transferee shall use its reasonable best efforts prior to disclosure thereof, to notify the applicable Borrower Loan Party of the applicable request for disclosure of such non-public information (A) by a Governmental Body or representative thereof (other than any such request in connection with an examination of the financial condition of a Lender the Lender, the Issuer or a such Transferee by such Governmental Body) or (B) pursuant to legal process and (ii) in no event shall any Agentthe Lender, any Lender the Issuer or any such Transferee be obligated to return any materials furnished by any Borrower Loan Party other than those documents and instruments in possession of Administrative Agent the Lender or any Lender the Issuer in order to perfect its Lien on the Collateral once the Obligations have been paid in full and this Agreement has been terminated.

Appears in 1 contract

Samples: And (Blonder Tongue Laboratories Inc)

Confidentiality; Sharing Information. (a) Each Agent, each Lender and each Transferee shall hold all non-public information obtained by such Agent, such Lender or such Transferee pursuant to the requirements of this Agreement in accordance with such Agent’s's, such Lender’s 's and such Transferee’s 's customary procedures for handling confidential information of this nature; provided, howeverHOWEVER, each Agent, each Lender and each Transferee may disclose such confidential information (a) to its examiners, Affiliatesaffiliates, outside auditors, counsel and other professional advisorsadvisors who need access to such information, (b) to any Agent, any Lender or to any prospective Transferees which agrees to be bound by the provisions of this Sectionand Purchasing Lenders, and (c) as required or requested by any Governmental Body or representative thereof or pursuant to legal process; providedPROVIDED, further FURTHER that (i) unless specifically prohibited by Applicable Lawapplicable law or court order, each Agent, each Lender and each Transferee shall use its reasonable best efforts prior to disclosure thereof, to notify the applicable Borrower of the applicable request for disclosure of such non-public information (A) by a Governmental Body or representative thereof (other than any such request in connection with an examination of the financial condition of a Lender or a Transferee by such Governmental Body) or (B) pursuant to legal process and (ii) in no event shall any Agent, any Lender or any Transferee be obligated to return any materials furnished by any Borrower other than those documents and instruments in possession of Administrative Agent or any Lender in order to perfect its Lien on the Collateral once the Obligations have been paid in full and this Agreement has been terminated.

Appears in 1 contract

Samples: Security Agreement (Waxman Industries Inc)

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