Excepted Information. The provisions of this Clause 4 shall not apply to information which:
Excepted Information. The provisions of this Clause 4 shall not apply to information which: (i) is known to and has been reduced to tangible form by the receiving party prior to its receipt provided that such information is not already subject to any obligations of confidentiality; or (ii) is in the public domain at the time of receipt or later becomes part of the public domain without breach of the confidentiality obligations in this Agreement; or
Excepted Information. The provisions of this Section shall not preclude the parties or their respective subsidiaries, from using or disclosing information that is readily ascertainable from public information or trade sources, known by it before the commencement of discussions between the parties or subsequently developed by it or its subsidiaries independent of any investigation under this Plan of Merger, received from any other person who is not affiliated with a party and who is not under any obligation to keep such information confidential, or reasonably required to be included in any filing or application required by any governmental or regulatory agency.
Excepted Information. Notwithstanding the foregoing, the parties agree that the Banker is free to use (a) information in the public domain not as a result of a breach of this Agreement, (b) information lawfully received form a third party who had the right to disclose such information and (c) the Banker’s own independent skill, knowledge, know-how and experience to whatever extent and in whatever way he wishes, in each case consistent with his obligations as the Banker and that, at all times, the Banker is free to conduct any research relating to the Client’s business.
Excepted Information. The provisions of this Section shall not preclude Old Kent or First Evergreen, or their respective subsidiaries, from using or disclosing information that is readily ascertainable from public information or trade sources, known by it before the commencement of discussions between the parties or subsequently developed by it or its subsidiaries independent of any investigation under this Plan of Merger, received from any other person who is not affiliated with a party and who is not under any obligation to keep such information confidential, or reasonably required to be included in any filing or application required by any governmental or regulatory agency.
Excepted Information. Each Participant’s ability to provide information pursuant to Article I is subject to:
(a) the respective national laws, regulations, and policies which govern the Participants;
(b) any other contract, agreement or commitment that binds a Participant; and
(c) the right to refuse to provide information that would be unreasonably difficult or costly to identify or provide, unless otherwise mutually understood between the Participants.
Excepted Information. The provisions of this Section shall not preclude Old Kent or Grand Premier, or their respective subsidiaries, from using or disclosing information that is readily ascertainable from public information or trade sources, known by it before the commencement of discussions between the parties or subsequently developed by it or its subsidiaries independent of any investigation under this Plan of Merger, received from any other person who is not affiliated with a party and who is not under any obligation to keep such information confidential, or reasonably required to be included in any filing or application required by any governmental or regulatory agency in connection with this Plan of Merger, provided that upon a reasonable request of a party demonstrating the need for confidentiality, all commercially reasonable efforts are made to obtain confidential treatment of such information from such governmental or regulatory agency.
Excepted Information. The provisions of this Section shall not preclude Old Kent or CFSB, or their respective sub- sidiaries, from using or disclosing information that is readily ascer- tainable from public information or trade sources, known by it before the commencement of discussions between the parties or subsequently developed by it or its subsidiaries independent of any investigation under this Plan of Merger, received from any other person who is not affiliated with a party and who is not under any obligation to keep such information confidential, or reasonably required to be included in any filing or application required by any governmental or regula- tory agency.
Excepted Information. The undertakings contained in clauses 2 and 3 do not apply to any Information which the receiving party can prove by documentary evidence: was, is or has become lawfully available to the public otherwise than through breach of this Agreement; or was previously known to and at the free disposal of the receiving party (or any of its Affiliates or Representatives); or was disclosed to the receiving party by a third party having the right to make the disclosure free of any confidentiality obligation. If either party is required to disclose any of the Information by any legal requirement of any country which has jurisdiction over that party [or any regulation or rule of any recognised stock exchange on which that party’s shares are listed] [or any governmental or quasi-governmental authority] [or the Panel on Takeovers and Mergers or its equivalent] [or is required to make any announcement concerning the Purpose], it may do so provided that it informs the other party immediately it becomes aware that the disclosure is [alleged to be] required and [uses all reasonable efforts to] agree with the other party the extent and timing of the disclosure. On the written request of the other, each party shall immediately return all documents and materials containing the Information or, if so required by the other, shall destroy all material containing the Information (including any copies, analysis, memoranda or other notes made by the receiving party, its Representatives or Affiliates) in its possession or under its custody or control and shall in addition [take all reasonable steps to] remove any Information stored within any computer or word processing system whether or not in machine-readable form. A director of that party must certify in writing to the other that all the material has been destroyed. Both parties shall continue to be bound by the undertakings set out in this Agreement notwithstanding completion of the Purpose or return or destruction of the documents and materials containing the Information.
Excepted Information. The provisions of this Section shall not preclude the parties from using or disclosing at any time Confidential Information which is: (I) readily ascertainable from public information or trade sources; (II) reasonably required to be included in an annual report or proxy statement; (III) reasonably required to be included in any filing or application required by any governmental or regulatory agency; (IV) received from a third party not under any obligation to keep such information confidential; (V) required by law or regulation to be disclosed; (VI) known by it before the commencement of discussions among the parties to this Agreement; or (VII) subsequently developed by it independent of its disclosure pursuant to or in connection with this Agreement.
