Highly Confidential Material Sample Clauses

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...
Sample 1Sample 2See All (11)
AutoNDA by SimpleDocs
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.
Sample 1Sample 2See All (7)
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.
Sample 1
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.
Sample 1
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.
Sample 1
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.”
Sample 1
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.
Sample 1
AutoNDA by SimpleDocs
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. the Committee (but not its individual members without prior approval); and iii. Debtors’ creditors and other constituents as specified in the signature pages to this Stipulation that are or become a Party. b. The U.S. Trustee; c. Professionals retained under Sections 328 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; d. 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; e. for purposes of witness preparation, any deponent or witness who was noticed for a deposition, a Bankruptcy Rule 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 subparagraph shall not be permitted to retain copies of such Highly Confidential Material beyond the time necessary to fulfil their obligations; f. 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; g. outside photocopying, graphic production services, or litigation support services, as necessary for use in connection with a Dispute or these Chapter 11 Cases; h. court reporters, stenographers, or videographers who record testimony in connection with a Dispute or these Chapter 11 Cases; i. the Court, its officers and clerical staff in any judicial pr...
Sample 1
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
Sample 1

Related to Highly Confidential Material

  • Confidential Material (a) Each Bank agrees that any information, documentation or materials provided by each Borrower or such Borrower’s Affiliates, trustees, directors, officers, employees, agents or representatives (“Representatives”) disclosing the portfolio holdings of such Borrower or disclosing other non-public information in relation to this Agreement or the other Loan Documents (“Confidential Material”), whether before or after the date of this Agreement, shall be treated confidentially, using the same degree of care that such Bank uses to protect its own similar material. (b) Confidential Material may be disclosed to Representatives of each Bank in connection with the transactions contemplated herein or in connection with managing the relationship of such Bank or its Affiliates with such Borrower but shall not be disclosed to any third party and may not be used for purposes of buying or selling securities, including shares issued by such Borrower; provided, however, that the Banks may disclose Confidential Material to (i) the Federal Reserve Board pursuant to applicable rules and regulations promulgated by the Federal Reserve Board (which, as of the Effective Date, require a filing of a list of all Margin Stock which directly or indirectly secures a Loan), (ii) the extent required by statute, rule, regulation or judicial process, (iii) counsel for any of the Banks or the Agent in connection with this Agreement or any of the other Loan Documents, (iv) bank examiners, regulators, auditors and accountants, or (v) any Assignee or Participant (or prospective Assignee or Participant) as long as such Assignee or Participant (or prospective Assignee or Participant) first agrees to be bound by the provisions of this Section 9.09. Notwithstanding anything to the contrary contained in this Section, any information that would, but for this sentence, constitute Confidential Material shall cease to be Confidential Material after the second anniversary of the date such information was first received by the Agent or any Bank.

  • Return of Confidential Material Executive shall promptly ------------------------------- deliver to the Company on termination of Executive's employment with the Company, whether or not for Cause and whatever the reason, or at any time the Company may so request, all memoranda, notes, records, reports, manuals, drawings, blueprints, Confidential Information and any other documents of a confidential nature belonging to the Company, including all copies of such materials which Executive may then possess or have under Executive's control. Upon termination of Executive's employment by the Company, Executive shall not take any document, data, or other material of any nature containing or pertaining to the proprietary information of the Company.

  • Findings Confidential All of the reports, information, data, et cetera, prepared or assembled by the Contractor under this Agreement are confidential and the Contractor agrees that they shall not be made available to any individual or organization without the prior written approval of the City. Contractor shall not be required under the provisions of this paragraph to keep confidential any data or information which is or becomes publicly available, is required by applicable law or by proper legal or governmental authority, is already rightfully in the Contractor’s possession without obligation of confidentiality, is independently developed by Contractor outside the scope of this Agreement or is rightfully obtained from third parties. Contractor shall give City prompt notice of any such legal or governmental demand and reasonably cooperate with City in any effort to seek a protective order or otherwise to contest such required disclosure.

  • E4 Confidential Information Except to the extent set out in this clause or where disclosure is expressly permitted elsewhere in this Contract, each Party shall:

  • Exclusions from Confidential Information Receiving Party's obligations under this Agreement do not extend to information that is: (a) publicly known at the time of disclosure or subsequently becomes publicly known through no fault of the Receiving Party; (b) discovered or created by the Receiving Party before disclosure by Disclosing Party; (c) learned by the Receiving Party through legitimate means other than from the Disclosing Party or Disclosing Party's representatives; or (d) is disclosed by Receiving Party with Disclosing Party's prior written approval.

  • Treatment of Confidential Information (A) Each party agrees that at all times during and after the terms of this Agreement, it shall use, handle, collect, maintain, and safeguard Confidential Information in accordance with (1) the confidentiality and non-disclosure requirements of this Agreement; (2) the GLB Act, as applicable and as it may be amended; and (3) such other Applicable Law, whether in effect now or in the future. (B) Without limiting the foregoing, the Receiving Party shall apply to any Confidential Information at least the same degree of reasonable care used for its own confidential and proprietary information to avoid unauthorized disclosure or use of Confidential Information under this Agreement. (C) Each party further agrees that: (1) The Receiving Party will hold all Confidential Information it obtains in strictest confidence and will use and permit use of Confidential Information solely for the purposes of this Agreement or as otherwise provided for in this Agreement, and consistent therewith, may disclose or provide access to its responsible employees or agents who have a need to know and are under adequate confidentiality agreements or arrangements and make copies of Confidential Information to the extent reasonably necessary to carry out its obligations under this Agreement; (2) Notwithstanding the foregoing, the Receiving Party may release Confidential Information as permitted or required by law or approved in writing by the Disclosing party, which approval shall not be unreasonably withheld and may not be withheld where the Receiving Party may be exposed to civil or criminal liability or proceedings for failure to release such information; (3) Additionally, Ultimus may provide Confidential Information typically supplied in the investment company industry to companies that track or report price, performance or other information regarding investment companies; and (4) The Receiving Party will immediately notify the Disclosing Party of any unauthorized disclosure or use, and will cooperate with the Disclosing Party to protect all proprietary rights in any Confidential Information.

  • Third Party Confidential Information Consultant recognizes that the Company has received and in the future will receive from third parties their confidential or proprietary information subject to a duty on the Company’s part to maintain the confidentiality of such information and to use it only for certain limited purposes. Consultant agrees that at all times during the term of this Agreement and thereafter, Consultant owes the Company and such third parties a duty to hold all such confidential or proprietary information in the strictest confidence and not to use it or to disclose it to any person, firm, corporation, or other third party except as necessary in carrying out the Services for the Company consistent with the Company’s agreement with such third party.

  • Disposition of Confidential Information Upon termination of Agreement or request of City, Contractor shall within forty-eight (48) hours return all Confidential Information which includes all original media. Once Contractor has received written confirmation from City that Confidential Information has been successfully transferred to City, Contractor shall within ten (10) business days purge all Confidential Information from its servers, any hosted environment Contractor has used in performance of this Agreement, work stations that were used to process the data or for production of the data, and any other work files stored by Contractor in whatever medium. Contractor shall provide City with written certification that such purge occurred within five (5) business days of the purge.

  • HANDLING OF CONFIDENTIAL INFORMATION The Company agrees to undertake the following in relation to IHiS’ Confidential Information: to maintain the same in confidence and to use it only for the Purpose and for no other purpose; not to make any commercial use thereof; not to use the same for the benefit of itself or of any third party other than pursuant to a further agreement with IHiS; not to use the same for the purpose of guiding or conducting a search of any information, materials or sources, whether or not available to the public, for any purpose whatsoever, including without limitation, for the purpose of demonstrating that any information falls within one of the exceptions in Clause 1.1(b); not to copy, reproduce, reverse engineer or reduce to writing any part thereof except as may be reasonably necessary for the Purpose and that any copies, reproductions or reductions to writing so made shall be the property of IHiS; not to disclose the Confidential Information whether to its employees or to third parties except in confidence to such of its Representatives who have been informed of the confidential nature thereof and who need to know the same for the Purpose and that: such Representatives are contractually obliged (whether by their contracts of employment or service, or otherwise) not to disclose the same or to use the same otherwise than for the Purpose; and the Company shall enforce such obligations at its expense, and to such extent as may be required by IHiS, in the event of a breach thereof that relates to IHiS' Confidential Information; to ensure the compliance to this NDA (including sub-clauses (a) to (f) above) on the part of its Representatives to whom Confidential Information is disclosed; and to apply to the Confidential Information no lesser security measures and degree of care than those which the Company applies to its own confidential or proprietary information of similar nature, but in no event less than reasonable care, and which the Company warrants as being adequate protection of such information from unauthorised disclosure, copying or use. The Company, as the principal party, shall be responsible and held liable for any breach of this NDA by any of its Representatives. If the Company is uncertain as to whether any information is Confidential Information, the Company shall treat the information as if it was Confidential Information, unless otherwise agreed by IHiS in writing. The Company shall immediately notify IHiS of any unauthorised disclosure or use of the Confidential Information of which the Company becomes aware and will take all steps which IHiS may require in relation to such unauthorised disclosure or use, or to prevent further unauthorised disclosure or use. Notwithstanding the foregoing, the Company shall be entitled to make any disclosure of the Confidential Information as required by law, but shall give IHiS not less than TWO (2) business days' notice of such disclosure and shall consult with IHiS prior to such disclosure with a view to avoiding such disclosure, if legally possible.

  • Maintaining Confidential Information Executive reaffirms his obligations under the Confidentiality Agreement. Executive acknowledges and agrees that the payments provided in Section 3 above shall be subject to Executive’s continued compliance with Executive’s obligations under the Confidentiality Agreement.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!