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

Disclosure to Other Persons; Confidentiality. Except as provided in this paragraph 11H, each holder and each Person who purchases a participation in a Note or any part thereof agrees that, prior to the occurrence of a Default, it will, in accordance with its usual practices, hold in confidence and not disclose the Confidential Information. The Corporation acknowledges that the holder of any Note may deliver copies of any financial statements and other documents delivered to such holder, and disclose any other information disclosed to such holder, by or on behalf of the Corporation or any Subsidiary in connection with or pursuant to this Agreement to (i) such holder's directors, officers, employees, agents and professional consultants (to the extent such disclosure relates to the administration of the investment represented by the Notes), (ii) any other holder of any Note, (iii) any Person to which such holder offers to sell such Note or any part thereof, and any Person to which such holder sells or offers to sell a participation in all or any part of such Note (if such Person has agreed in writing prior to its receipt of s uch Confidential Information to be bound by this paragraph), (iv) any Person from which such holder offers to purchase any security of the Corporation (if such Person has agreed in writing prior to its receipt of such Confidential Information to be bound by this paragraph), (v) any federal or state regulatory authority having jurisdiction over such holder, (vi) the National Association of Insurance Commissioners (including the Securities Valuation Office) or any similar organization, (vii) rating agencies that require access to information about the Purchaser's investment portfolio, or (viii) any other Person to which such delivery or disclosure may be necessary or 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 of a Governmental/Judicial Body or (c) in connection with any litigation to which such holder is a party.

Disclosure to Other Persons; Confidentiality. Except as provided in this paragraph 11H, each holder and each Person who purchases a participation in a Note or any part thereof agrees that, prior to the occurrence of a Default, it will, in accordance with will use its usual practices, best efforts to hold in confidence and not to disclose the Confidential Information. The Corporation Company acknowledges that the holder of any Note may deliver copies of any financial statements and other documents delivered to such holder, and disclose any other information disclosed to such holder, by or on behalf of the Corporation Company or any Subsidiary in connection with or pursuant to this Agreement to (i) such holder's directors, officers, employees, agents and professional consultants (to the extent such disclosure relates to the administration of the investment represented by the Notes)consultants, (ii) any other holder of any Note, (iii) any Person to which such holder offers to sell such Note or any part thereof, and (iv) any Person to which such holder sells or offers to sell a participation in all or any part of such Note (if such Person has agreed in writing prior to its receipt of s uch Confidential Information to be bound by this paragraph), (iv) any Person from which such holder offers to purchase any security of the Corporation (if such Person has agreed in writing prior to its receipt of such Confidential Information to be bound by this paragraph)Note, (v) any federal or state regulatory authority having jurisdiction over such holder, (vi) the National Association of Insurance Commissioners (including the Securities Valuation Office) or any similar organization, organization or (vii) rating agencies that require access to information about the Purchaser's investment portfolio, or (viii) any other Person to which such delivery or disclosure may be necessary or 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 of a Governmental/Judicial Body or demand, (c) in connection with any litigation to which such holder is a partyparty or (d) in order to protect such holder's investment in such Note; provided that prior to disclosing Confidential Information to any offeree referred to in clauses (iii) and (iv) above, such holder will use its best efforts to have such offeree deliver to the Company a confidentiality agreement substantially in the form of Exhibit F hereto.

Disclosure to Other Persons; Confidentiality. Except as provided in this paragraph 11H11I, each holder and each Person who purchases a participation in a Note or any part thereof agrees that, prior to the occurrence of a Default, it will, in accordance with will use its usual practices, best efforts to hold in confidence and not to disclose the Confidential Information. The Corporation Company acknowledges that the holder of any Note may deliver copies of any financial statements and other documents delivered to such holder, and disclose any other information disclosed to such holder, by or on behalf of the Corporation Company or any Subsidiary in connection with or pursuant to this Agreement to (i) such holder's directors, officers, employees, agents and professional consultants (to the extent such disclosure relates to the administration of the investment represented by the Notes)consultants, (ii) any other holder of any Note, (iii) any Person to which such holder offers to sell such Note or any part thereof, and (iv) any Person to which such holder sells or offers to sell a participation in all or any part of such Note (if such Person has agreed in writing prior to its receipt of s uch Confidential Information to be bound by this paragraph), (iv) any Person from which such holder offers to purchase any security of the Corporation (if such Person has agreed in writing prior to its receipt of such Confidential Information to be bound by this paragraph)Note, (v) any federal or state regulatory authority having jurisdiction over such holder, (vi) the National Association of Insurance Commissioners (including the Securities Valuation Office) or any similar organization, organization or (vii) rating agencies that require access to information about the Purchaser's investment portfolio, or (viii) any other Person to which such delivery or disclosure may be necessary or 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 of a Governmental/Judicial Body or demand, (c) in connection with any litigation to which such holder is a partyparty or (d) in order to protect such holder's investment in such Note; provided that prior to disclosing Confidential Information to any offeree referred to in clauses (iii) and (iv) above, such holder will use its best efforts to have such offeree deliver to the Company a confidentiality agreement substantially in the form of Exhibit D hereto.

Disclosure to Other Persons; Confidentiality. Except as provided in this paragraph 11H, each holder and each Person who purchases a participation in a Note or any part thereof agrees that, prior that it will use its best efforts to the occurrence of a Default, it will, in accordance with its usual practices, hold in confidence and not to disclose the Confidential Information. The Corporation Company acknowledges that the holder of any Note may deliver copies of any financial statements and other documents delivered to such holder, and disclose any other information disclosed to such holder, by or on behalf of the Corporation Company or any Subsidiary in connection with or pursuant to this Agreement to (i) such holder's directors, officers, employees, agents and professional consultants (to the extent such disclosure relates to the administration of the investment represented by the Notes)consultants, (ii) any other holder of any Note, (iii) any Person to which such holder offers to sell such Note or any part thereof, and (iv) any Person to which such holder sells or offers to sell a participation in all or any part of such Note (if such Person has agreed in writing prior to its receipt of s uch Confidential Information to be bound by this paragraph), (iv) any Person from which such holder offers to purchase any security of the Corporation (if such Person has agreed in writing prior to its receipt of such Confidential Information to be bound by this paragraph)Note, (v) any federal or state regulatory authority having jurisdiction over such holder, (vi) the National Association of Insurance Commissioners (including the Securities Valuation Office) or any similar organization, organization or (vii) rating agencies that require access to information about the Purchaser's investment portfolio, or (viii) any other Person to which such delivery or disclosure may be necessary or 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 of a Governmental/Judicial Body or demand, (c) in connection with any litigation to which such holder is a partyparty or (d) in order to protect such holder's investment in such Note; provided that prior to disclosing Confidential Information to any offeree referred to in clause (iii) and (iv) above, such holder will use its best efforts to have such offeree deliver to the Company a confidentiality agreement substantially in the form of Exhibit F hereto.