Common use of Disclosure to Other Persons; Confidentiality Clause in Contracts

Disclosure to Other Persons; Confidentiality. The Company acknowledges that the holder of any Note may deliver copies of any financial statements and other documents or information delivered to such holder, and disclose any other information disclosed to such holder, by or on behalf of the Company or any Subsidiary in connection with or pursuant to this Agreement only to: (i) such holder's directors, officers, employees, agents and professional consultants, (ii) any other holder of any Note, (iii) any Person to which such holder offers to sell such Note or any part thereof, provided that each such Person agrees in writing to observe the confidentiality standards described in this paragraph 11H, (iv) any Person to which such holder sells or offers to sell a participation in all or any part of such Note, provided that each such Person agrees in writing to observe the confidentiality standards described in this paragraph 11H, (v) any Person from which such holder offers to purchase any security of the Company, provided that each such Person agrees in writing to observe the confidentiality standards described in this paragraph 11H, (vi) any federal or state regulatory authority having jurisdiction over such holder, (vii) the National Association of Insurance Commissioners or any similar organization or (viii) any other Person to which such delivery or disclosure may be necessary or reasonably appropriate (a) in compliance with any law, rule, regulation or order applicable to such holder, (b) in response to any subpoena or other legal process or informal investigative demand or (c) in connection with any litigation to which such holder is a party. Subject to the foregoing, each holder of a Note hereby agrees to use its best efforts to hold in confidence and not to disclose any Confidential Information; provided, that such holder will be free, after notice to the Company, to correct any false or misleading information which may become public concerning its relationship to the Company. For the purpose of this paragraph 11H, the term Confidential Information shall mean information about the Company or any Subsidiary furnished by the Company or any Subsidiary to such holder, but does not include any information (i) which as publicly known, or otherwise known to such holder, at the time of disclosure, (ii) which subsequently becomes publicly known through no act or omission by such holder, or (iii) which otherwise becomes known to such holder other than through disclosure by the Company or any Subsidiary.

Disclosure to Other Persons; Confidentiality. The Company acknowledges Agent and each Lender agree that the holder of any Note it may deliver copies of any financial statements and other documents or information delivered to such holder, it and disclose any other information disclosed to such holder, it by or on behalf of the Company Borrower or any Subsidiary of Borrower in connection with or pursuant to this Agreement and the other Loan Documents only to: (i) such holder's its directors, officers, employees, agents employees and professional consultants,, but only in connection with extensions of credit and proposed extensions of credit to the Borrower and/or some or all of its Subsidiaries (collectively, "Credit Transactions"); (ii) any other holder of any Note,Lender, but only in connection with Credit Transactions; (iii) any Person to which such holder Lender offers to sell such its Note or any part thereof, provided that each such Person agrees in writing before such disclosure to observe the confidentiality standards described in this paragraph 11H,Section (including but not limited to the restriction on the use of Confidential Information only in connection with Credit Transactions); (iv) any Person to which such holder Lender sells or offers to sell a participation in all or any part of such its Note, provided that each such Person agrees in writing before such disclosure to observe the confidentiality standards described in this paragraph 11H,Section (including but not limited to the restriction on the use of Confidential Information only in connection with Credit Transactions); (v) any Person from which such holder offers to purchase any security of the Company, provided that each such Person agrees in writing to observe the confidentiality standards described in this paragraph 11H, (vi) any federal or state regulatory authority having jurisdiction over such holder,it; (vii) the National Association of Insurance Commissioners or any similar organization or (viiivi) any other Person to which such delivery or disclosure may be necessary or reasonably appropriate (a) in compliance with any law, rule, regulation or order applicable to such holder, (b) in response to any subpoena or other legal process or informal investigative demand or demand; and (cvii) any other Person in connection with any litigation to which such holder is a partyinvolving any obligation, right or remedy of Agent or any Lender under the Loan Documents. Subject to the foregoing, Agent and each holder of a Note Lender hereby agrees to use its best efforts to hold in confidence and not to disclose any Confidential Information; provided, that such holder Person will be free, after notice to the Company, to correct any false or misleading information which may become public concerning its relationship to the Company. For the purpose of this paragraph 11H, the term Confidential Information shall mean information about the Company or any Subsidiary furnished by the Company or any Subsidiary to such holder, but does not include any information (i) which as publicly known, or otherwise known to such holder, at the time of disclosure, (ii) which subsequently becomes publicly known through no act or omission by such holder, or (iii) which otherwise becomes known to such holder other than through disclosure by the Company or any Subsidiary.be

Disclosure to Other Persons; Confidentiality. The Company acknowledges Agent and each Lender agree that the holder of any Note it may deliver copies of any financial statements and other documents or information delivered to such holder, it and disclose any other information disclosed to such holder, it by or on behalf of the Company Borrower or any Subsidiary of Borrower in connection with or pursuant to this Agreement and the other Loan Documents only to: (i) such holder's its and its affiliates’ directors, officers, employees, agents auditors, attorneys and professional consultants,consultants (it being understood that the Persons to which such disclosure is made will be informed of the confidential nature of such information and instructed to keep such information confidential); (ii) any other holder of any Note,Lender; (iii) any Person to which such holder Lender offers to sell such its Note or any part thereof, provided that each such Person agrees in writing to observe the confidentiality standards described in this paragraph 11H,Section; (iv) any Person to which such holder Lender sells or offers to sell a participation in all or any part of such its Note, provided that each such Person agrees in writing to observe the confidentiality standards described in this paragraph 11H,Section; (v) any Person from which such holder offers to purchase any security of the Company, provided that each such Person agrees in writing to observe the confidentiality standards described in this paragraph 11H, (vi) any federal or state regulatory authority having jurisdiction over such holder,it; (vii) the National Association of Insurance Commissioners or any similar organization or (viiivi) any other Person to which such delivery or disclosure may be necessary or reasonably appropriate (a) in compliance with any law, rule, regulation or order applicable to such holder, (b) legally required in response to any subpoena or other legal process or informal investigative demand or demand; (cvii) any other Person in connection with any litigation to which such holder is a party. Subject to the foregoinginvolving any obligation, each holder right or remedy of a Note hereby agrees to use its best efforts to hold in confidence and not to disclose any Confidential Information; provided, that such holder will be free, after notice to the Company, to correct any false or misleading information which may become public concerning its relationship to the Company. For the purpose of this paragraph 11H, the term Confidential Information shall mean information about the Company Agent or any Subsidiary furnished by Lender under the Company Loan Documents, and (viii) any Lender may also disclose the size and term of the facility and the name of each of the obligors to any investor or any Subsidiary to such holder, but does not include any information a potential investor in a securitization (ior similar transaction of broadly equivalent economic effect) which as publicly known, of that Lender’s rights or otherwise known to such holder, at the time of disclosure, (ii) which subsequently becomes publicly known through no act or omission by such holder, or (iii) which otherwise becomes known to such holder other than through disclosure by the Company or any Subsidiaryobligations under this Agreement and associated documentation.

Disclosure to Other Persons; Confidentiality. The Company acknowledges (a) Agent and each Lender agree that the holder of any Note it may deliver copies of any financial statements and other documents or information delivered to such holder, it and disclose any other information disclosed to such holder, it by or on behalf of the Company Borrower or any Subsidiary of Borrower in connection with or pursuant to this Agreement and the other Loan Documents only to: (i) such holder's its directors, officers, employees, agents employees and professional consultants,, but only in connection with extensions of credit and proposed extensions of credit to the Borrower and/or some or all of its Subsidiaries (collectively, "Credit Transactions"); (ii) any other holder of any Note,Lender, but only in connection with Credit Transactions; (iii) any Person to which such holder Lender offers to sell such its Note or any part thereof, provided that each such Person agrees in writing before such disclosure to observe the confidentiality standards described in this paragraph 11H,Section (including but not limited to the restriction on the use of Confidential Information only in connection with Credit Transactions); (iv) any Person to which such holder Lender sells or offers to sell a participation in all or any part of such its Note, provided that each such Person agrees in writing before such disclosure to observe the confidentiality standards described in this paragraph 11H,Section (including but not limited to the restriction on the use of Confidential Information only in connection with Credit Transactions); (v) any Person from which such holder offers to purchase any security of the Company, provided that each such Person agrees in writing to observe the confidentiality standards described in this paragraph 11H, (vi) any federal or state regulatory authority having jurisdiction over such holder,it; (vii) the National Association of Insurance Commissioners or any similar organization or (viiivi) any other Person to which such delivery or disclosure may be necessary or reasonably appropriate (a) in compliance with any law, rule, regulation or order applicable to such holder, (b) in response to any subpoena or other legal process or informal investigative demand or demand; and (cvii) any other Person in connection with any litigation to which such holder is a party. involving any obligation, right or remedy of Agent or any Lender under the Loan Documents. (b) Subject to the foregoing, each holder of a Note Agent and each Lender hereby agrees to use its best efforts to hold in confidence and not to disclose any Confidential Information; provided, that such holder Person will be free, after notice to the CompanyBorrower, to correct any false or misleading information which may become public concerning its relationship to the CompanyBorrower. For the purpose of this paragraph 11HSection, the term "Confidential Information Information" shall mean information about the Company Borrower or any Subsidiary of Borrower furnished by the Company Borrower or any Subsidiary to such holderSubsidiary, but does not include any information which (i) which as is publicly known, or otherwise known to such holder, at the time of disclosure, ; (ii) which subsequently becomes publicly known known, but not through no any act or omission by such holder, ; or (iii) which otherwise becomes known to such holder other than through disclosure by the Company Borrower, any Subsidiary of Borrower, Agent or any SubsidiaryLender.