Common use of Confidentiality Undertaking Clause in Contracts

Confidentiality Undertaking. You undertake: (a) to keep the Confidential Information confidential and not to disclose it to anyone except as provided for by paragraph 2 below and to ensure that the Confidential Information is protected with security measures and a degree of care that would apply to your own confidential information; (b) to keep confidential and not disclose to anyone the fact that the Confidential Information has been made available or that discussions or negotiations are taking place or have taken place between us in connection with the Facility; (c) to use the Confidential Information only for the Permitted Purpose; (d) to use all reasonable endeavours to ensure that any person to whom we pass any Confidential Information (unless disclosed under sub-paragraph 2(b) below) acknowledges and complies with the provisions of this letter as if that person were also a party to it; and (e) not to make enquiries of any member of the Borrower Group or any of their officers, directors, employees or professional advisers relating directly or indirectly to the Facility.

Appears in 6 contracts

Samples: Amendment and Restatement Agreement (Unitedglobalcom Inc), Credit Agreement (Unitedglobalcom Inc), Credit Agreement (Unitedglobalcom Inc)

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Confidentiality Undertaking. You undertake: (a) to keep the Confidential Information confidential and not to disclose it to anyone except as provided for by paragraph 2 below and to ensure that the Confidential Information is protected with security measures and a degree of care that would apply to your own confidential information; (b) to keep confidential and not disclose to anyone the fact that the Confidential Information has been made available or that discussions or negotiations are taking place or have taken place between us in connection with the FacilityFacilities; (c) to use the Confidential Information only for the Permitted Purpose; (d) to use all reasonable endeavours to ensure that any person to whom we you pass any Confidential Information (unless disclosed under sub-paragraph 2(b) below) acknowledges and complies with the provisions of this letter as if that person were also a party to it; and (e) not to make enquiries of any member of the Borrower Group or any of their officers, directors, employees or professional advisers relating directly or indirectly to the FacilityFacilities.

Appears in 3 contracts

Samples: Multicurrency Revolving Credit Facility (Scottish Power PLC), Multicurrency Revolving Credit Facility Agreement (Scottish Power PLC), Multicurrency Revolving Credit Facility (Scottish Power PLC)

Confidentiality Undertaking. You undertake: (a) to keep the Confidential Information confidential and not to disclose it to anyone except as provided for by paragraph 2 below and to ensure that the Confidential Information is protected with security measures and a degree of care that would apply to your own confidential information; (b) to keep confidential and not disclose to anyone the fact that the Confidential Information has been made available or that discussions or negotiations are taking place or have taken place between us in connection with the Facility; (c) to use the Confidential Information only for the Permitted Purpose; (d) to use all reasonable endeavours to ensure that any person to whom we you pass any Confidential Information (unless disclosed under sub-paragraph 2(b) below) acknowledges and complies with the provisions of this letter as if that person were also a party to it; and (e) not to make enquiries of any member of the Borrower Group or any of their officers, directors, employees or professional advisers relating directly or indirectly to the Facility.

Appears in 2 contracts

Samples: Permanent Facility Agreement (Groupe Eurotunnel SA), Permanent Facility Agreement (Groupe Eurotunnel SA)

Confidentiality Undertaking. You undertake: (a) to keep the Confidential Information confidential and not to disclose it to anyone except as provided for by paragraph 2 below and to ensure that the Confidential Information is protected with security measures and a degree of care that would apply to your own confidential information; (b) to keep confidential and not disclose to anyone the fact that the Confidential Information has been made available or that discussions or negotiations are taking place or have taken place between us in connection with the Facility; (c) to use the Confidential Information only for the Permitted Purpose; (d) to use all reasonable endeavours to ensure that any person to whom we pass any Confidential Information (unless disclosed under sub-paragraph 2(bsubparagraph 21.1(b) below) acknowledges and complies with the provisions of this letter as if that person were also a party to it; and (e) not to make enquiries of any member of the Borrower Group or any of their officers, directors, employees or professional advisers relating directly or indirectly to the Facility.

Appears in 2 contracts

Samples: Facility Agreement (Liberty Global, Inc.), Facility Agreement (Liberty Global, Inc.)

Confidentiality Undertaking. You undertake: (a) to keep the Confidential Information confidential and not to disclose it to anyone except as provided for by paragraph 2 below and to ensure that the Confidential Information is protected with security measures and a degree of care that would apply to your own confidential information; (b) to keep confidential and not disclose to anyone the fact that the Confidential Information has been made available or that discussions or negotiations are taking place or have taken place between us in connection with the Facility; (c) to use the Confidential Information only for the Permitted Purpose; (d) to use all reasonable endeavours to ensure that any person to whom we pass any Confidential Information (unless disclosed under sub-paragraph subparagraph 2(b) below) acknowledges and complies with the provisions of this letter as if that person were also a party to it; and (e) not to make enquiries of any member of the Borrower Group or any of their officers, directors, employees or professional advisers relating directly or indirectly to the Facility.

Appears in 1 contract

Samples: Credit Agreement (Liberty Global, Inc.)

Confidentiality Undertaking. You undertake: (a) to keep the Confidential Information confidential and not to disclose it to anyone except as provided for by paragraph 2 1.2 below and to ensure that the Confidential Information is protected with security measures and a degree of care that would apply to your own confidential information; (b) to keep confidential and not disclose to anyone the fact that the Confidential Information has been made available or that discussions or negotiations are taking place or have taken place between us in connection with the FacilityAgreement; (c) to use the Confidential Information only for the Permitted Purpose; (d) to use all reasonable endeavours to ensure that any person to whom we you pass any Confidential Information (unless disclosed under sub-paragraph 2(b1.2(b) below) acknowledges and complies with the provisions of this letter as if that person were also a party to it; and (e) not to make enquiries of any member of the Borrower Group or any of their officers, directors, employees or professional advisers relating directly or indirectly to the FacilityAgreement.

Appears in 1 contract

Samples: Multicurrency Revolving Facility Agreement (Reuters Group PLC /Adr/)

Confidentiality Undertaking. You undertake: (ai) to keep the Confidential Information confidential and not to disclose it to anyone except as provided for by paragraph 2 (b) below and to ensure that the Confidential Information is protected with security measures and a degree of care that would apply to your own confidential information; (bii) to keep confidential and not disclose to anyone the fact that the Confidential Information has been made available or that discussions or negotiations are taking place or have taken place between us in connection with the Facility; (ciii) to use the Confidential Information only for the Permitted Purpose; (div) to use all reasonable endeavours to ensure that any person to whom we you pass any Confidential Information (unless disclosed under sub-paragraph 2(b(b)(ii) below) acknowledges and complies with the provisions of this letter as if that person were also a party to it; and (ev) not to make enquiries of any member of the Borrower Group or any related entity or any of their officers, directors, employees or professional advisers relating directly or indirectly to the Facility, save for such officers, directors, employees or professional advisers as may be nominated by the Companies for this purpose.

Appears in 1 contract

Samples: Amendment Agreement (BHP Billiton PLC)

Confidentiality Undertaking. You undertake: (a) 1.1 to keep the Confidential Information confidential and not to disclose it to anyone except as provided for by paragraph 2 below and to ensure that the Confidential Information is protected with security measures and a degree of care that would apply to your own confidential information; (b) 1.2 to keep confidential and not disclose to anyone the fact that the Confidential Information has been made available or that discussions or negotiations are taking place or have taken place between us in connection with the Facility; (c) 1.3 to use the Confidential Information only for the Permitted Purpose; (d) 1.4 to use all reasonable endeavours to ensure that any person to whom we you pass any Confidential Information (unless disclosed under sub-paragraph 2(b) 2.2 below) acknowledges and complies with the provisions of this letter as if that person were also a party to it; and (e) 1.5 not to make enquiries of any member of the Borrower Group or any of their officers, directors, employees or professional advisers relating directly or indirectly to the Facility.

Appears in 1 contract

Samples: Syndicated L/G Facility Agreement (Hillenbrand, Inc.)

Confidentiality Undertaking. You undertake: (a) to 1.1 To keep the Confidential Information confidential and not to disclose it to anyone except as provided for by paragraph 2 below and to ensure that the Confidential Information is protected with security measures and a degree of care that would apply to your own confidential information; (b) 1.2 to keep confidential and not disclose to anyone the fact that the Confidential Information has been made available or that discussions or negotiations are taking place or have taken place between us in connection with the FacilityFacilities; (c) 1.3 to use the Confidential Information only for the Permitted Purpose; (d) 1.4 to use all reasonable endeavours to ensure that any person to whom we you pass any Confidential Information (unless disclosed under sub-paragraph 2(b) below) acknowledges and complies with the provisions of this letter as if that person were also a party to it; and (e) 1.5 not to make enquiries of any member of the Borrower Group or any of their officers, directors, employees or professional advisers relating directly or indirectly to the FacilityFacilities.

Appears in 1 contract

Samples: Credit Agreement (Fimep Sa)

Confidentiality Undertaking. You undertake: (aA) to keep the Confidential Information confidential and not to disclose it to anyone except as provided for by paragraph 2 below and to ensure that the Confidential Information is protected with security measures and with a degree of care not less than that which you would apply to your own confidential information; (bB) to keep confidential and not disclose to anyone except as provided for by paragraph 2 below the fact that the Confidential Information has been made available or that discussions or negotiations are taking place or have taken place between us in connection with the Facilityus; (cC) to use the Confidential Information only for the Permitted Purpose; (dD) to use all reasonable endeavours to ensure that any person to whom we you pass any Confidential Information in accordance with paragraph 2 (unless disclosed under sub-paragraph 2(b2(B) below) acknowledges and complies with the provisions of this letter as if that person were also a party to it; and (eE) not to make enquiries in relation to the Confidential Information of any other person, whether a third party or any member of the Borrower Group or any of their officers, directors, employees or professional advisers, save for such officers, directors, employees or professional advisers relating directly or indirectly to the Facilityas may be expressly nominated by us for this purpose.

Appears in 1 contract

Samples: Common Terms Agreement (Kosmos Energy Ltd.)

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Confidentiality Undertaking. You undertake: (a) to keep the Confidential Information confidential and not to disclose it to anyone except as provided for by paragraph 2 below and to ensure that the Confidential Information is protected with security measures and a degree of care that would apply to your own confidential information; (b) to keep confidential and not disclose to anyone the fact that the Confidential Information has been made available or that discussions or negotiations are taking place or have taken place between us in connection with the Facility; (c) to use the Confidential Information only for the Permitted Purpose; (d) to use all reasonable endeavours to ensure that any person to whom we you pass any Confidential Information (unless disclosed under sub-paragraph 2(b) below)) acknowledges and complies with the provisions of this letter as if that person were also a party to it; and (e) not to make enquiries of any member of the Borrower Group or any of their officers, directors, employees or professional advisers relating directly or indirectly to the Facility.

Appears in 1 contract

Samples: Loan Agreement (Ship Acquisition Inc.)

Confidentiality Undertaking. You undertake: (a) You undertake to keep the Confidential Information confidential and not to disclose it to anyone except as provided for by paragraph 2 below and to ensure that the Confidential Information is protected with security measures and a degree of care that would apply to your own confidential information; (b) to keep confidential and not disclose to anyone the fact that the Confidential Information has been made available or that discussions or negotiations are taking place or have taken place between us in connection with the Facility; (c) to use the Confidential Information only for the Permitted Purpose; (d) to use all reasonable endeavours to ensure that any person to whom we you pass any Confidential Information (unless disclosed under sub-paragraph 2(b) below) acknowledges and complies with the provisions of this letter as if that person were also a party to it; , and (e) not to make enquiries of any member of the Borrower Group or any of their officers, directors, employees or professional advisers relating directly or indirectly to the Facility.

Appears in 1 contract

Samples: Facilities Agreement (Cemex Sa De Cv)

Confidentiality Undertaking. You undertake: (ai) to keep the Confidential Information confidential and not to disclose it to anyone except as provided for by paragraph 2 (c) below and to ensure that the Confidential Information is protected with security measures and a degree of care that would apply to your own confidential information; (bii) to keep confidential and not disclose to anyone the fact that the Confidential Information has been made available or that discussions or negotiations are taking place or have taken place between us in connection with the Facility; (ciii) to use the Confidential Information only for the Permitted Purpose; (div) to use all reasonable endeavours to ensure that any person to whom we you pass any Confidential Information (unless disclosed under sub-paragraph 2(b(c)(ii) below) acknowledges and complies with the provisions of this letter as if that person were also a party to it; and (ev) not to make enquiries of any member of the Borrower Group or any related entity or any of their officers, directors, employees or professional advisers relating directly or indirectly to the Facility, save for such officers, directors, employees or professional advisers as may be nominated by the Companies for this purpose.

Appears in 1 contract

Samples: Facility and Subscription Agreement (BHP Billiton PLC)

Confidentiality Undertaking. You undertake: (a) to keep the Confidential Information confidential and not to disclose it to anyone except as provided for by paragraph 2 below and to ensure that the Confidential Information is protected with security measures and a degree of care that would apply to your own confidential information; (b) to keep confidential and not disclose to anyone the fact that the Confidential Information has been made available or that discussions or negotiations are taking place or have taken place between us in connection with the FacilityFacilit[y/ies]; (c) to use the Confidential Information only for the Permitted Purpose; (d) to use all reasonable endeavours to ensure that any person to whom we you pass any Confidential Information (unless disclosed under sub-paragraph 2(b) below) acknowledges and complies with the provisions of this letter as if that person were also a party to it; and (e) not to make enquiries of any member of the Borrower Group or any of their officers, directors, employees or professional advisers relating directly or indirectly to the FacilityFacilit[y/ies].

Appears in 1 contract

Samples: Facility Agreement (Midamerican Energy Holdings Co /New/)

Confidentiality Undertaking. You undertake: (a) to keep the Confidential Information confidential and not to disclose it to anyone except as provided for by paragraph 2 9 below and to ensure that the Confidential Information is protected with security measures and a degree of care that would apply to your own confidential information; (b) to keep confidential and not disclose to anyone the fact that the Confidential Information has been made available or that discussions or negotiations are taking place or have taken place between us in connection with the Facility; (c) to use the Confidential Information only for the Permitted Purpose; (d) to use all reasonable endeavours to ensure that any person to whom we pass any Confidential Information (unless disclosed under sub-paragraph 2(bsubparagraph 91.1(b) below) acknowledges and complies with the provisions of this letter as if that person were also a party to it; and (e) not to make enquiries of any member of the Borrower Group or any of their officers, directors, employees or professional advisers relating directly or indirectly to the Facility.

Appears in 1 contract

Samples: Senior Secured Credit Facility (Liberty Global PLC)

Confidentiality Undertaking. You undertake: (a) to keep the Confidential Information confidential and not to disclose it to anyone except as provided for by paragraph 2 below and to ensure that the Confidential Information is protected with security measures and a degree of care that would apply to your own confidential information; (b) to keep confidential and not disclose to anyone the fact that the Confidential Information has been made available or that discussions or negotiations are taking place or have taken place between us in connection with the Facility; (c) to use the Confidential Information only for the Permitted Purpose; (d) to use all reasonable endeavours to ensure that any person to whom we you pass any Confidential Information (unless disclosed under sub-paragraph 2(b) below)) acknowledges and complies with the provisions of this letter as if that person were also a party to it; and (e) not to make enquiries of any member the Company and each of the Borrower Group its Subsidiaries or any of their officers, directors, employees or professional advisers relating directly or indirectly to the Facility.

Appears in 1 contract

Samples: Facility Agreement (TRM Corp)

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