Common use of Holdings Information and Other Information Clause in Contracts

Holdings Information and Other Information. (a) Except as otherwise provided in Section 7.1(n), notwithstanding Section 9.1, the Warranty Provider or the Calculation Agent may to the extent necessary in the Warranty Provider’s or Calculation Agent’s sole discretion disclose Fund Confidential Information in connection with the Warranty Provider’s or Calculation Agent’s hedging arrangements to hedging counterparties (“Permitted Recipients”) so long as such persons agree in writing to keep such information confidential on the terms contained in Section 9.1. Permitted Recipients shall agree to keep such information confidential and shall memorialize such arrangement by entering into a confidentiality agreement in substantially the form of Annex C hereto. The Warranty Provider and Calculation Agent agree to provide information concerning its disclosure of Fund Confidential Information to Permitted Recipients as requested by, and as reasonably necessary for, the Trust to monitor its compliance with Requirements of Law. (b) Except as otherwise provided in Section 7.1(n), notwithstanding Section 9.1, the Warranty Provider and the Calculation Agent may disclose Fund Confidential Information to those of its officers, employees, directors, representatives, agents, outside counsel, and independent auditors (collectively, “Warranty Provider Representatives”) who need (in the Warranty Provider’s or Calculation Agent’s sole discretion) to see such information in connection with administration of the Agreement, the exercise of the Warranty Provider’s rights or obligations hereunder, or legitimate corporate purposes so long as such persons agree to keep such information confidential on the terms contained in Section 9.1 and, other than with respect to Warranty Provider Representatives serving as legal counsel or independent registered public accountants for the Warranty Provider or its Affiliates, memorialize such arrangement by entering into a confidentiality agreement in substantially the form of Annex C hereto.

Holdings Information and Other Information. (a) Except as otherwise provided in Section 7.1(n), notwithstanding Section 9.1, the Warranty Provider or the Calculation Agent may to the extent necessary in the Warranty Provider’s or Calculation Agent’s sole discretion disclose Fund Confidential Information in connection with the Warranty Provider’s or Calculation Agent’s hedging arrangements to hedging counterparties (“Permitted Recipients”) so long as such persons agree in writing to keep such information confidential on the terms contained in Section 9.1. Permitted Recipients shall agree to keep such information confidential and shall memorialize such arrangement by entering into a confidentiality agreement in substantially the form of Annex C heretoB hereof. The Warranty Provider and Calculation Agent agree to provide information concerning its disclosure of Fund Confidential Information to Permitted Recipients as requested by, and as reasonably necessary for, the Trust to monitor its compliance with Requirements of Law. (b) Except as otherwise provided in Section 7.1(n), notwithstanding Section 9.1, the Warranty Provider Provider, the Guarantor and the Calculation Agent may Agentmay disclose Fund Confidential Information to those of its officers, employees, directors, representatives, agents, outside counsel, and independent auditors (collectively, “Warranty Provider Representatives”) who need (in the Warranty Provider’s, the Guarantor’s or Calculation Agent’s sole discretion) to see such information in connection with administration of the AgreementAgreement or the Guarantee, the exercise of the Warranty Provider’s or the Guarantor’s rights or obligations hereunderunder the Agreement or the Guarantee, respectively, or legitimate corporate purposes so long as such persons agree to keep such information confidential on the terms contained in Section 9.1 and, other than with respect to Warranty Provider Representatives serving as legal counsel or independent registered public accountants for the Warranty Provider Provider, the Guarantor or its their Affiliates, memorialize such arrangement by entering into a confidentiality agreement in substantially the form of Annex C heretoB hereof.