Common use of Disclosure of Terms Clause in Contracts

Disclosure of Terms. The existence of the investment hereof and the terms and conditions of the Transaction Documents (collectively, the “Financing Terms”) shall be considered confidential information and shall not be disclosed by any Party hereto to any third party except in accordance with the provisions set forth below; provided that such confidential information shall not include, with respect to any Party, any information that is (i) in the public domain other than by reason of the breach of the confidentiality obligations hereunder by such Party, (ii) already in the possession of such Party at the time the information was disclosed to such Party by other parties hereto, (iii) is acquired by such Party from a source other than the other parties hereto, which source, to the Knowledge of the receiving party, is not in breach of any obligation owed to any Party in respect of such disclosure, (iv) independently developed by such Party without using or making reference to any confidential information, or (v) agreed in writing by the Company and the other Parties not to be confidential.

Disclosure of Terms. The existence of the investment hereof and the terms and conditions of the Transaction Documents (collectively, the “Financing Terms”) and any information received by any Shareholder from the Company pursuant to Article II or otherwise (collectively, the “Confidential Information”) shall be considered confidential information and shall not be disclosed by any Party hereto to any third party except in accordance with the provisions set forth below; provided that such confidential information Confidential Information shall not include, with respect to any Party, any information that is (i) in the public domain other than by reason of the breach of the confidentiality obligations hereunder by such Partyany Party hereto, (ii) already in the possession of such Party at the time the information was disclosed to such Party by other parties Parties hereto, (iii) is acquired by such Party from a source other than the other parties Parties hereto, which source, to the Knowledge knowledge of the receiving partyParty, is not in breach of any obligation owed to any Party hereto in respect of such disclosure, (iv) independently developed by such Party without using or making reference to any confidential informationConfidential Information, or (v) agreed in writing by the Company and the other Parties hereto not to be confidential.

Disclosure of Terms. The existence of the investment hereof and the terms and conditions of the Transaction Documents (collectively, the “Financing Terms”) shall be considered confidential information and shall not be disclosed by any Party hereto to any third party except in accordance with the provisions set forth below; provided that such confidential information shall not include, with respect to any PartyParty hereto, any information that is (i) in the public domain other than by reason of the breach of the confidentiality obligations hereunder by such Party, (ii) already in the possession of such Party at the time the information was disclosed to such Party by other parties hereto, (iii) is acquired by such Party from a source other than the other parties hereto, which source, to the Knowledge of the receiving party, is not in breach of any obligation owed to any Party hereto in respect of such disclosure, (iv) independently developed by such Party without using or making reference to any confidential information, or (v) agreed in writing by the Company and the other Parties hereto not to be confidential.. Table of Contents

Disclosure of Terms. (a) The existence of the investment hereof under this Agreement and the existence, terms and conditions of the Transaction Documents and any information or documents received by any Investor from AGH or the Company in relation to the transactions contemplated under this Agreement (collectively, the “Financing TermsConfidential Information”) shall be considered confidential information and shall not be disclosed by any Party hereto to any third party except in accordance with the provisions set forth below; provided that such confidential information Confidential Information shall not include, with respect to any Party, any information that is is: (i) in the public domain other than by reason of the breach of the confidentiality obligations hereunder under this Agreement by such Party, ; (ii) already in the possession of such Party at the time the information was disclosed to such Party by other parties hereto, Parties; (iii) is acquired by such Party from a source other than the other parties heretoParties, which source, to the Knowledge knowledge of the receiving partyParty, is not in breach of any obligation owed to any Party in respect of such disclosure, ; (iv) independently developed by such Party without using or making reference to any confidential information, or Confidential Information; or (v) agreed in writing by the Company and the other Parties not to be confidential.

Disclosure of Terms. The existence of the investment hereof and the terms and conditions of the Transaction Documents (collectively, the “Financing Terms”) and any information received by any Party from the Company pursuant to Article II or otherwise (collectively, the “Confidential Information”) shall be considered confidential information and shall not be disclosed by any Party hereto to any third party except in accordance with the provisions set forth below; provided that such confidential information Confidential Information shall not include, with respect to any Party, any information that is (i) in the public domain other than by reason of the breach of the confidentiality obligations hereunder by such Partyany Party hereto, (ii) already in the possession of such Party at the time the information was disclosed to such Party by other parties Parties hereto, (iii) is acquired by such Party from a source other than the other parties Parties hereto, which source, to the Knowledge knowledge of the receiving partyParty, is not in breach of any obligation owed to any Party hereto in respect of such disclosure, (iv) independently developed by such Party without using or making reference to any confidential informationConfidential Information, or (v) agreed in writing by the Company and the other Parties hereto not to be confidential.