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.
Appears in 2 contracts
Samples: Confidentiality Agreement, Confidentiality Agreement
Highly Confidential Material. A Producing Party Person 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 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 14 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, or by its experts and consultants (and their respective staff) that are retained by the signatories to this Order such Producing Person in connection with this Case if such materials contain trade secrets the Disputes or sensitive financial or business informationthese Chapter 11 Cases, and only to the extent that the Producing Party reasonably Person believes in good faith that such material is of such a nature that “Highly Confidentia lConfidential” 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). For Any model used by a testifying expert in connection with preparing an opinion or underlying that opinion that has been customized by the avoidance of doubt, Discovery Material previously identified expert or is not commercially available may be produced 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 OrderConfidential.”
Appears in 2 contracts
Samples: Confidentiality Agreement, Confidentiality Agreement
Highly Confidential Material. A Producing Party Person 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 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 14 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, or by its experts and consultants (and their respective staff) that are retained by the signatories to this Order such Producing Person in connection with this Case if such materials contain trade secrets the Disputes or sensitive financial or business informationthese Chapter 11 Cases, and only to the extent that the Producing Party reasonably Person believes in good faith that such material is of such a nature that “Highly Confidentia lConfidential” treatment is warranted. For ; or the avoidance of doubt, Discovery Material previously identified as “For Professional Eyes Only” Producing Person has in good faith been requested by another Party or non-Party to so designate on the Debtor or any grounds that such other Party are deemed designated as or non-Party considers such material to contain information that is Highly Confidential under this Order; provided, however, that the Material (as defined herein). The Parties may designate Highly Confidential designation is subject to all available challenges to that designation available pursuant to the terms of this OrderMaterials on a case-by-case basis.
Appears in 1 contract
Samples: Confidentiality Agreement
Highly Confidential Material. A Producing Party Person 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 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 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 14 12 of this OrderStipulation, such as trade secrets, sensitive financial or business information, or material prepared by its industry professionals, advisors, financial advisors, accounting advisors, experts, or by its experts and consultants (and their respective staff) that are retained by the signatories to this Order such Producing Person in connection with this Case if such materials contain trade secrets the Disputes or sensitive financial these Chapter 11 Cases, or business informationotherwise is highly private and personal to the Producing Person or its employees, and only to the extent that the Producing Party reasonably Person believes in good faith that such material Confidential Material is of such a nature that “Highly Confidentia lConfidential” treatment is warranted. For ; or the avoidance of doubt, Discovery Producing Person has in good faith been requested by another Party or non-Party to so designate on the grounds that the Confidential Material previously identified as “For Professional Eyes Only” by contains the Debtor or any other Party are deemed designated as or non-Party’s information, which such other Party or non-Party considers 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 OrderMaterial (as defined herein).
Appears in 1 contract
Samples: Confidentiality Agreement
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 lConfidential” 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.
Appears in 1 contract
Samples: Confidentiality Agreement and Stipulated Protective Order