Highly Confidential Material. Highly Confidential Material, and any and all information contained therein, may be given, shown, made available or communicated only to the following:
(a) outside counsel and staff working under the express direction of outside counsel for:
(i) the Debtor and any professionals retained by the Debtor, or other industry advisors, financial advisors, accounting advisors, experts and consultants (and their respective staff) that are retained by the Debtor in connection with the Case;
(ii) the Committee;
(iii) upon written notice to and with the prior, written consent of the Producing Party, any Party to this Protective Order other than the Committee, to the extent the disclosure is necessary to assist with or make decisions with respect to the Case; and
(iv) upon written notice to and with the prior, written consent of the Producing Party, any other persons or entities who become bound by this Order by signifying their assent through execution of Exhibit A hereto and providing the executed version of Exhibit A to the Producing Party (for the avoidance of doubt, in the event the Producing Party does not provide such consent, such persons or entities may move the Court to order the Producing Party to provide their outside counsel with access to the Highly Confidential Material, and the Producing Party reserves all rights to oppose any such request);
(b) the U.S. Trustee, after the U.S. Trustee has signed a Declaration in the form provided as Exhibit A hereto;
(c) professionals retained by the Committee under 11 U.S.C. § 328, or other industry advisors, financial advisors, accounting advisors, experts and consultants (and their respective staff) that are retained by the Committe e in connection with the Case—in each case only after he/she or such entity has signed a Declaration in the form provided as Exhibit A hereto;
(d) professionals or other industry advisors, financial advisors, accounting advisors, experts and consultants (and their respective staff) that are retained by any Party to this Protective Order with whom Highly Confidential Material, and any and all information contained therein, has been given, shown, made available or communicated under 14(a)(ii) in connection with the Case—in each case, only as necessary to assist with respect to the Case and only after he/she or such entity has signed a Declaration in the form provided as Exhibit A hereto;
(e) any person who is indicated on the face of a document to have been an author, addressee or copy rec...
Highly Confidential Material. A Producing Party may designate Discovery Material as “Highly Confidential” if such Discovery Material is of a nature that should be protected under the Bankruptcy Rules or the Federal Rules and the Producing Party reasonably believes (or with respect to documents received from another person, has been reasonably advised by such other person) that such Discovery Material is of such a nature that a risk of competitive injury would be created if such Discovery Material were disclosed to persons other than those identified in Paragraph 14 of this Order, such as trade secrets, sensitive financial or business information, or material prepared by its industry advisors, financial advisors, accounting advisors, experts, or by its consultants (and their respective staff) that are retained by the signatories to this Order in connection with this Case if such materials contain trade secrets or sensitive financial or business information, and only to the extent that the Producing Party reasonably believes that such material is of such a nature that “Highly Confidentia l” treatment is warranted. For the avoidance of doubt, Discovery Material previously identified as “For Professional Eyes Only” by the Debtor or any other Party are deemed designated as Highly Confidential under this Order; provided, however, that the Highly Confidential designation is subject to all available challenges to that designation available pursuant to the terms of this Order.
Highly Confidential Material. Highly Confidential Material, and any and all information contained therein, may be given, shown, made available to, or communicated only to the following:
a. counsel, and staff working under the express direction of such counsel, for:
i. Debtors;
ii. Debtors’ creditors and other constituents as specified in the signature pages to this Order that are or become a Party; and
iii. The U.S. Trustee.
b. Professionals retained under Sections 327 and 1103 of the Bankruptcy Code, industry advisors, financial advisors, accounting advisors, experts and consultants (and their respective staff) in each case that are retained by a Party in connection with the Disputes or these Chapter 11 Cases and have signed a Declaration, in the form provided as Exhibit A hereto;
c. any person who is indicated on the face of a document to have been an author, addressee or copy recipient thereof, an actual or intended recipient thereof, or in the case of meeting minutes, an attendee of the meeting;
d. for purposes of witness preparation, any deponent or witness who was noticed for a deposition, a 2004 examination, or is on a witness list for hearing or trial, in preparation for his or her testimony where such Highly Confidential Material is determined by counsel in good faith to be necessary to the anticipated subject matter of testimony, and that doing so would not cause competitive harm; provided, however, that such Highly Confidential Material can only be shared with such person in connection with preparation for the anticipated testimony, and the persons identified in this paragraph shall not be permitted to retain copies of such Highly Confidential Material beyond the time necessary to fulfil their obligations;
e. subject to the provisions of Paragraph 15, any witness during the course of a deposition, examination, evidentiary hearing or trial, where counsel questioning the witness reasonably and in good faith believes that questioning the witness regarding the document is necessary and that doing so would not cause competitive harm;
f. outside photocopying, graphic production services, or litigation support services, as necessary for use in connection with a Dispute or these Chapter 11 Cases;
g. court reporters, stenographers, or videographers who record testimony in connection with a Dispute or these Chapter 11 Cases;
h. the Court, its officers, and clerical staff in any judicial proceeding that may result from a Dispute or these Chapter 11 Cases; and
i. any other person or ent...
Highly Confidential Material. A Party may designate Discovery Material as “Highly Confidential” if it believes in good faith that such Discovery Material constitutes or includes information that is of such a nature that a risk of competitive injury would be created if such Discovery Material were disclosed to persons other than those identified in Paragraph 13 of this Order, such as trade secrets, sensitive financial or business information that would be competitively harmful if disclosed, or material prepared by its industry advisors, financial advisors, accounting advisors, experts and consultants (and their respective staff) that are retained by the signatories to this Order in connection with the Proceedings, and only to the extent that the Producing Person believes in good faith that such material is of such a nature that “Highly Confidential” treatment is warranted and it would be competitively harmful if disclosed. Any model used by a testifying industry expert in connection with preparing an opinion or underlying that opinion that has been customized by the expert and is not commercially available may be produced as “Highly Confidential.”
Highly Confidential Material. A Producing Party may designate Discovery Material as “Highly Confidential” if such Producing Party believes in good faith (or with respect to documents received from another person, has been reasonably advised by such other person) that such Discovery Material is of such a nature that a risk of competitive injury would be created if such Discovery Material were disclosed to persons other than those identified in Paragraph 12 of this Order, which may include certain trade secrets, sensitive financial or business information, or material prepared by its industry professionals, advisors, financial advisors, accounting advisors, experts and consultants (and their respective staff) that are retained by the Parties in connection with the Cases, and only to the extent that the Producing Party believes in good faith that such material is of such a nature that “Highly Confidential” treatment is warranted.
Highly Confidential Material. A Producing Party may designate Discovery Material as “Highly Confidential” if such Producing Party believes in good faith (or, with respect to documents received from another person, has been reasonably advised by such other person) that the Discovery Material contains “sensitive” personal data as defined by either the EU GDPR or UK GDPR, or is of such a nature that a risk of competitive injury would be created if the Discovery Material were disclosed to persons other than those identified in Paragraph 13 of this Order, which may include certain trade secrets or sensitive financial or business information, including such material prepared by industry professionals, advisors, financial advisors, accounting advisors, experts and consultants (and their respective staff) that are retained by the signatories to this Order in connection with the Cases, and only to the extent that the Producing Party believes in good faith that such material is of such a nature that “Highly Confidential” treatment is warranted.
Highly Confidential Material. A Producing Party will designate Discovery Material as “Highly Confidential” if such Producing Party believes in good faith (or with respect to documents received from another person, has been reasonably advised by such other person) that such Discovery Material is Confidential (as defined herein) and that also is: (i) highly personal in nature, or (ii) is of such a nature that a risk of competitive injury would be created if such Discovery Material were disclosed to persons other than those identified in Paragraph 14, which may include trade secrets, sensitive financial or business information, or material prepared by its industry professionals, advisors, financial advisors, accounting advisors, experts and consultants to the extent such material contains trade secrets or sensitive financial or business information that would create a risk of competitive injury if disclosed to persons other than those identified in Paragraph 14; or
Highly Confidential Material. A Producing Person may designate Discovery Material as “Highly Confidential” if such Producing Person believes in good faith (or with respect to documents received from another person, has been reasonably advised by such other person) that such Discovery Material constitutes or includes Highly Confidential Material that is of such a nature that a risk of competitive injury would be created if such Discovery Material were disclosed to persons other than those identified in Paragraph 12 of this Order, such as trade secrets, sensitive financial or business information, or material prepared by its industry professionals, advisors, financial advisors, accounting advisors, experts and consultants (and their respective staff) that are retained by such Producing Person in connection with the Disputes or these Chapter 11 Cases, and only to the extent that the Producing Person believes in good faith that such material is of such a nature that “Highly Confidential” treatment is warranted; or the Producing Person has in good faith been requested by another Party or non-Party to so designate on the grounds that such other Party or non-Party considers such material to contain information that is Highly Confidential Material (as defined herein). The Parties may designate Highly Confidential Materials on a case-by-case basis.
Highly Confidential Material. Highly Confidential Material, and any and all information contained therein, may be given, shown, made available or communicated only to the persons or entities (or their representatives) referenced in subsections (a), (c) – (h), and (j) of Paragraph 11.
Highly Confidential Material. Highly Confidential Material, and any and all information contained therein, shall be given, shown, made available to or communicated only to the individuals identified in Paragraphs 14(b)-(g) and:
a) outside counsel for the individual members of the Committee;
b) any person who is indicated on the face of a document to have been an author, addressee or copy recipient thereof, an actual or intended recipient thereof, or in the case of meeting minutes, an attendee of the meeting;
c) any deponent or witness who was noticed for a deposition, or is on a witness list for hearing or trial, in preparation for or otherwise in connection with his or her noticed deposition, hearing, or trial testimony where the witness is testifying as a witness on behalf of the Designating Party pursuant to FRCP 30(b)(6), however, the only Highly Confidential Information that may be given, shown, be made available to, or communicated to such a witness is that of the party for which the deponent or witness is testifying; and
d) any other person or entity with respect to whom the Producing Party may consent in writing.
