Common use of Information, Access and Confidentiality Clause in Contracts

Information, Access and Confidentiality. So long as any Commitments shall be in effect or any Loans shall remain unpaid: (i) the Lenders, acting through their officers and other duly designated employees, shall have the right to discuss the affairs, finances and accounts of the Borrower and the Subsidiaries with senior financial officers and employees of the Borrower at such reasonable times and intervals as the Lenders shall reasonably request; and (ii) the Borrower will make available to the Lenders such other information relating to the financial condition or business operations of the Borrower and the Subsidiaries as the Lenders shall from time to time reasonably request. Notwithstanding anything herein to the contrary, in no event shall the Borrower be required to furnish to the Lenders any information pursuant to this Section 9.09 if the Borrower shall reasonably determine that the furnishing of such requested information would be in violation of any applicable law, regulation or order of any Governmental Body or if such information relates to the Borrower's strategic planning, research, development, testing, manufacturing or marketing activities and the furnishing thereof would, in the sole judgment of the Borrower reasonably exercised, adversely affect the competitive position of the Borrower. Each Lender agrees that all such information provided to such Lender (or any officer or employee of such Lender) is confidential and proprietary to the Borrower and that such Lender will not disclose (other than to the directors, officers and employees of such Lender who require such information in connection with such Lender's administration of this Agreement and who have been directed to treat such information as confidential and proprietary to the Borrower and other than to bank examiners with jurisdiction over such Lender who request such information) any such information (excluding information which becomes (i) generally available to the public other than as a result of the disclosure thereof by such Lender or its representatives or (ii) available to such Lender on a non-confidential basis from a source other than the Borrower or the Subsidiaries or any of their respective directors, officers, employees, agents or representatives, provided such source is not known to such Lender to be bound by a confidentiality agreement with the Borrower), except to the extent such Lender is, in the opinion of legal counsel to such Lender, required by law to disclose such information and then only after such Lender shall have given the Borrower at least five (5) days' prior written notice of such required disclosure or, if such prior notice period is not available to such Lender under applicable law, such shorter notice period, if any, as shall in fact be available to such Lender under applicable law.

Information, Access and Confidentiality. So long as any Commitments shall be in effect or any Loans shall remain unpaid: (i) the Lenders, acting through their officers and other duly designated employees, shall have the right to discuss the affairs, finances and accounts of the Borrower and the Subsidiaries with senior financial officers and employees of the Borrower at such reasonable times and intervals as the Lenders shall reasonably request; and (ii) the Borrower will make available to the Lenders such other information relating to the financial condition or business operations of the Borrower and the Subsidiaries as the Lenders shall from time to time reasonably request. Notwithstanding anything herein to the contrary, in no event shall the Borrower be required to furnish to the Lenders any information pursuant to this Section 9.09 9.08 if the Borrower shall reasonably determine that the furnishing of such requested information would be in violation of any applicable law, regulation or order of any Governmental Body or if such information relates to the Borrower's strategic planning, research, development, testing, manufacturing or marketing activities and the furnishing thereof would, in the sole judgment of the Borrower reasonably exercised, adversely affect the competitive position of the Borrower. Each Lender agrees that all such information provided to such Lender (or any officer or employee of such Lender) is confidential and proprietary to the Borrower and that such Lender will not disclose (other than to the directors, officers and employees of such Lender who require such information in connection with such Lender's administration of this Agreement and who have been directed to treat such information as confidential and proprietary to the Borrower and other than to bank examiners with jurisdiction over such Lender who request such informationBorrower) any such information (excluding information which becomes (i) generally available to the public other than as a result of the disclosure thereof by such Lender or its representatives or (ii) available to such Lender on a non-confidential basis from a source other than the Borrower or the Subsidiaries or any of their respective directors, officers, employees, agents or representatives, provided such source is not known to such Lender to be bound by a confidentiality agreement with the Borrower), except to the extent such Lender is, in the opinion of legal counsel to such Lender, required by law to disclose such information and then only after such Lender shall have given the Borrower at least five (5) days' prior written notice of such required disclosure or, if such prior notice period is not available to such Lender under applicable law, such shorter notice period, if any, as shall in fact be available to such Lender under applicable law.

Information, Access and Confidentiality. So long as any Commitments shall be in effect or any Loans shall remain unpaid: (i) the Lenders, acting through their officers and other duly designated employees, shall have the right to discuss the affairs, finances and accounts of the Borrower and the Subsidiaries with senior financial officers and employees of the Borrower at such reasonable times and intervals as the Lenders shall reasonably request; and (ii) the Borrower will make available to the Lenders such other information relating to the financial condition or business operations of the Borrower and the Subsidiaries as the Lenders shall from time to time reasonably request. Notwithstanding anything herein to the contrary, in no event shall the Borrower be required to furnish to the Lenders any information pursuant to this Section 9.09 9.08 if the Borrower shall reasonably determine that the furnishing of such requested information would be in violation of any applicable law, regulation or order of any Governmental Body or if such information relates to the Borrower's strategic planning, research, development, testing, manufacturing or marketing activities and the furnishing thereof would, in the sole judgment of the Borrower reasonably exercised, adversely affect the competitive position of the Borrower. Each Lender agrees that all such information provided to such Lender (or any officer or employee of such Lender) is confidential and proprietary to the Borrower and that such Lender will not disclose (other than to the directors, officers and employees of such Lender who require such information in connection with such Lender's administration of this Agreement and who have been directed to treat such information as confidential and proprietary to the Borrower and other than to bank examiners with jurisdiction over such Lender who request such informationBorrower) any such information (excluding information which becomes (i) generally available to the public other than as a result of the disclosure thereof by such Lender or its representatives or (ii) available to such Lender on a non-confidential basis from a source other than the Borrower or the Subsidiaries or any of their respective directors, officers, employees, agents or representatives, provided such source is not known to such Lender to be bound by a confidentiality agreement with the Borrower), except to the extent such Lender is, in the opinion of legal counsel to such Lender, required by law to disclose such information and then only after such Lender shall have given the Borrower at least five (5) days' prior written notice of such required disclosure or, if such prior notice period is not available to such Lender under applicable law, such shorter notice period, if any, as shall in fact be available to such Lender under applicable law.

Information, Access and Confidentiality. So long as (a) Upon providing reasonable notice, MNB and its Representatives shall, at all times during normal business hours prior to the Closing Date, have full and continuing access to the facilities, operations, records and properties of LBI and each LBI Subsidiary. MNB and its Representatives may, prior to the Closing Date, make or cause to be made such reasonable investigation of the operations, records and properties of LBI and each LBI Subsidiary, including observation of any Commitments shall be in effect audit of, and examination of any audit work papers with respect to, LBI or any Loans LBI Subsidiary, and of its and their financial and legal condition as MNB shall remain unpaid: (i) the Lendersdeem necessary or advisable to familiarize itself with such records, acting through their officers properties and other duly designated employeesmatters; provided, that such access or investigation shall have not interfere unnecessarily with the right to discuss the affairs, finances and accounts of the Borrower and the Subsidiaries with senior financial officers and employees of the Borrower at such reasonable times and intervals as the Lenders shall reasonably request; and (ii) the Borrower will make available to the Lenders such other information relating to the financial condition or business normal operations of the Borrower and the Subsidiaries as the Lenders shall from time to time reasonably request. Notwithstanding anything herein to the contrary, in no event shall the Borrower be required to furnish to the Lenders any information pursuant to this Section 9.09 if the Borrower shall reasonably determine that the furnishing of such requested information would be in violation of any applicable law, regulation or order of any Governmental Body or if such information relates to the Borrower's strategic planning, research, development, testing, manufacturing or marketing activities and the furnishing thereof would, in the sole judgment of the Borrower reasonably exercised, adversely affect the competitive position of the Borrower. Each Lender agrees that all such information provided to such Lender (or any officer or employee of such Lender) is confidential and proprietary to the Borrower and that such Lender will not disclose (other than to the directors, officers and employees of such Lender who require such information in connection with such Lender's administration of this Agreement and who have been directed to treat such information as confidential and proprietary to the Borrower and other than to bank examiners with jurisdiction over such Lender who request such information) any such information (excluding information which becomes (i) generally available to the public other than as a result of the disclosure thereof by such Lender or its representatives or (ii) available to such Lender on a non-confidential basis from a source other than the Borrower or the Subsidiaries LBI or any of their respective directorsthe LBI Subsidiary. Upon request, officersLBI and each LBI Subsidiary will furnish MNB or its Representatives its attorneys' responses to auditors' requests for information and such financial and operating data and other information reasonably requested by MNB developed by LBI or any LBI Subsidiary, employeesits auditors, agents accountants or representativesattorneys (provided with respect to attorneys, provided such source is disclosure shall be limited to information that would not known to such Lender to be bound result in the waiver by a confidentiality agreement with the BorrowerLBI or any LBI Subsidiary of any claim of attorney-client privilege), except and will permit MNB or its Representatives to discuss such information directly with any individual or firm performing auditing or accounting functions for LBI or any LBI Subsidiary, and such auditors and accountants shall be directed to furnish copies of any reports or financial information as developed to MNB or its Representatives. No investigation by MNB shall affect the representations and warranties made by LBI. This Section shall not require the disclosure of any information the disclosure of which to MNB would be prohibited by law. (b) Any confidential information or trade secrets received by LBI, its employees or agents in the course of the examination described in Section 6.1 shall be treated confidentially, and any correspondence, memoranda, records, copies, documents and electronic or other media of any kind containing either such confidential information, or trade secrets or both shall be destroyed by LBI or, at MNB's request, returned to MNB in the event this Agreement is terminated as provided in Section 11.1. Such information shall not be used by LBI or its agents to the extent such Lender is, in the opinion detriment of legal counsel to such Lender, required by law to disclose such information and then only after such Lender shall have given the Borrower at least five (5) days' prior written notice of such required disclosure or, if such prior notice period is not available to such Lender under applicable law, such shorter notice period, if any, as shall in fact be available to such Lender under applicable law.MNB or any MNB Subsidiary. Section 7.2

Information, Access and Confidentiality. So long as (a) Upon providing reasonable notice, LBI and its Representatives shall, at all times during normal business hours prior to the Closing Date, have full and continuing access to the facilities, operations, records and properties of MNB and each MNB Subsidiary. LBI and its Representatives may, prior to the Closing Date, make or cause to be made such reasonable investigation of the operations, records and properties of MNB and each MNB Subsidiary, including observation of any Commitments shall be in effect audit of, and examination of any audit work papers with respect to, MNB or any Loans MNB Subsidiary, and of its and their financial and legal condition as LBI shall remain unpaid: (i) the Lendersdeem necessary or advisable to familiarize itself with such records, acting through their officers properties and other duly designated employeesmatters; provided, that such access or investigation shall have not interfere unnecessarily with the right to discuss the affairs, finances and accounts of the Borrower and the Subsidiaries with senior financial officers and employees of the Borrower at such reasonable times and intervals as the Lenders shall reasonably request; and (ii) the Borrower will make available to the Lenders such other information relating to the financial condition or business normal operations of the Borrower and the Subsidiaries as the Lenders shall from time to time reasonably request. Notwithstanding anything herein to the contrary, in no event shall the Borrower be required to furnish to the Lenders any information pursuant to this Section 9.09 if the Borrower shall reasonably determine that the furnishing of such requested information would be in violation of any applicable law, regulation or order of any Governmental Body or if such information relates to the Borrower's strategic planning, research, development, testing, manufacturing or marketing activities and the furnishing thereof would, in the sole judgment of the Borrower reasonably exercised, adversely affect the competitive position of the Borrower. Each Lender agrees that all such information provided to such Lender (or any officer or employee of such Lender) is confidential and proprietary to the Borrower and that such Lender will not disclose (other than to the directors, officers and employees of such Lender who require such information in connection with such Lender's administration of this Agreement and who have been directed to treat such information as confidential and proprietary to the Borrower and other than to bank examiners with jurisdiction over such Lender who request such information) any such information (excluding information which becomes (i) generally available to the public other than as a result of the disclosure thereof by such Lender or its representatives or (ii) available to such Lender on a non-confidential basis from a source other than the Borrower or the Subsidiaries MNB or any of their respective directorsthe MNB Subsidiary. Upon request, MNB and each MNB Subsidiary will furnish LBI or its Representatives its attorneys' responses to auditors' requests for information and such financial and operating data and other information reasonably requested by LBI developed by MNB or any MNB Subsidiary, its auditors, accountants or attorneys (provided with respect to attorneys, such disclosure shall be limited to information that would not result in the waiver by MNB or any MNB Subsidiary of any claim of attorney-client privilege), and will permit LBI or its Representatives to discuss such information directly with any individual or firm performing auditing or accounting functions for MNB or any MNB Subsidiary, and such auditors and accountants shall be directed to furnish copies of any reports or financial information as developed to LBI or its Representatives. No investigation by LBI shall affect the representations and warranties made by MNB. This Section shall not require the disclosure of any information the disclosure of which to LBI would be prohibited by law. (b) Any confidential information or trade secrets received by MNB, its employees or agents in the course of the examination described in Section 7.1 shall be treated confidentially, and any correspondence, memoranda, records, copies, documents and electronic or other media of any kind containing either such confidential information, or trade secrets or both shall be destroyed by MNB or, at LBI's request, returned to LBI in the event this Agreement is terminated as provided in Section 11.1. Such information shall not be used by MNB or its agents to the detriment of LBI or any LBI Subsidiary. Section 6.2 Carry on in Regular Course. MNB and each MNB Subsidiary shall carry on its business diligently and substantially in the same manner as is presently being conducted and shall not make or institute any unusual or material change in its methods of doing business without the prior written consent of LBI, which consent shall not be unreasonably withheld or delayed. MNB shall, and shall also cause each MNB Subsidiary to, unless otherwise consented to in writing in advance by LBI: (a) conduct its business only in the Ordinary Course of Business; (b) use its Best Efforts to preserve intact its current business organization, keep available the services of its current officers, employees and agents, and maintain the relations and goodwill with its suppliers, customers, landlords, creditors, employees, agents and others having business relationships with it; (c) confer and consult with LBI concerning operational matters of a material nature, any sales of investment securities or representativesloans that were not originated with the intent to sell, provided and any changes or revisions to the asset-liability management of SNB; (d) enter into loan transactions only in accordance with sound credit practices and only on terms and conditions which are not materially more favorable than those available to the borrower from competitive sources in transactions in the ordinary course of business and consistent with prudent banking practices and policies and regulations of applicable regulatory authorities, and in that connection, MNB will consult and discuss with LBI all new credits or new lending relationships, or extensions or renewals of any existing credit relationships, approved in excess of $1,000,000 to any Person or Persons and his, her or their Affiliates from the date hereof to the Effective Time; (e) consistent with past practice, maintain a reserve for probable loan and lease losses that is adequate in all material respects to provide for probable losses, net of recoveries relating to loans previously charged off, on loans outstanding (including accrued interest receivable); (f) maintain all of its assets necessary for the conduct of its business in good operating condition and repair, reasonable wear and tear and damage by fire or unavoidable casualty excepted, and maintain policies of insurance upon its assets and with respect to the conduct of its business in amounts and kinds comparable to that in effect on the date hereof and pay all premiums on such source is not known policies when due; (g) file in a timely manner all required filings with all Regulatory Authorities and cause such filings to be true and correct in all material respects; and (h) maintain its books, accounts and records in the usual, regular and ordinary manner, on a basis consistent with prior years and comply with all Legal Requirements. With respect to any written request by MNB for LBI's consent to any non-permitted action of MNB or any MNB Subsidiary described in this Section, MNB shall be entitled to conclusively presume LBI has consented to any such action unless MNB shall have received LBI's written objection to such Lender to be bound by a confidentiality agreement with action within three (3) Business Days of the Borrower), except to the extent such Lender is, in the opinion date of legal counsel to such Lender, required by law to disclose such information and then only after such Lender shall have given the Borrower at least five (5) days' prior written notice LBI's receipt of such required disclosure or, if such prior notice period is not available to such Lender under applicable law, such shorter notice period, if any, as shall in fact be available to such Lender under applicable law.written request. Section 6.3

Information, Access and Confidentiality. So long as any Commitments shall be in effect effect, any Letter of Credit shall be outstanding or any Loans or reimbursement obligations in respect of LC Disbursements shall remain unpaid: (i) the LendersLenders and any Issuing Bank, acting through their officers and other duly designated employees, shall have the right to discuss the affairs, finances and accounts of the Borrower and the Subsidiaries with senior financial officers and employees of the Borrower at such reasonable times and intervals as the Lenders and any Issuing Bank shall reasonably request; and (ii) the Borrower will make available to the Lenders and any Issuing Bank such other information relating to the financial condition or business operations of the Borrower and the Subsidiaries as the Lenders shall from time to time reasonably request. Notwithstanding anything herein to the contrary, in no event shall the Borrower be required to furnish to the Lenders any information pursuant to this Section 9.09 if the Borrower shall reasonably determine that the furnishing of such requested information would be in violation of any applicable law, regulation or order of any Governmental Body or if such information relates to the Borrower's strategic planning, research, development, testing, manufacturing or marketing activities and the furnishing thereof would, in the sole judgment of the Borrower reasonably exercised, adversely affect the competitive position of the Borrower. Each Lender and Issuing Bank agrees that all such information provided to such Lender or such Issuing Bank (or any officer or employee of such LenderLender or such Issuing Bank) is confidential and proprietary to the Borrower and that such Lender or such Issuing Bank will not disclose (other than to the directors, officers and employees of such Lender or such Issuing Bank who require such information in connection with such Lender's or such Issuing Bank's administration of this Agreement and who have been directed to treat such information as confidential and proprietary to the Borrower and other than to bank examiners with jurisdiction over such Lender or such Issuing Bank who request such information) any such information (excluding information which becomes (i) generally available to the public other than as a result of the disclosure thereof by such Lender or such Issuing Bank or its representatives in breach of this Section 9.09 or (ii) available to such Lender or such Issuing Bank on a non-confidential basis from a source other than the Borrower or the Subsidiaries or any of their respective directors, officers, employees, agents or representatives, provided such source is not known to such Lender or such Issuing Bank to be bound by a confidentiality agreement with the Borrower), except to the extent such Lender or such Issuing Bank is, in the opinion of legal counsel to such LenderLender or such Issuing Bank, required by law to disclose such information and then only after such Lender or such Issuing Bank shall have given the Borrower at least five (5) days' prior written notice of such required disclosure or, if such prior notice period is not available to such Lender under applicable law, such shorter notice period, if any, as shall in fact be available to such Lender or such Issuing Bank under applicable law.

Information, Access and Confidentiality. So long as any Commitments shall be (a) From the date hereof until the date following the Closing Date on which the Investor Percentage Interest of an Investor (other than CapGen), together with the Investor Percentage Interests of Investors that share a common investment advisor with such Investor, is, in effect or any Loans shall remain unpaid: (i) the Lendersaggregate, acting through their officers and other duly designated employeesless than 5%, shall have the right to discuss the affairs, finances and accounts of the Borrower Company and the Subsidiaries with senior financial officers and employees will permit such Investor, whether or not such Investor qualifies, or is intended to qualify, as a “venture capital operating company” (a “VCOC”) as defined in the regulations (the “Plan Asset Regulations”) issued by the Department of the Borrower Labor at such reasonable times and intervals 29 C.F.R. Section 2510.3 101, as the Lenders shall reasonably request; and (ii) the Borrower will make available to the Lenders such other information relating to the financial condition or business operations of the Borrower and the Subsidiaries as the Lenders shall same may be amended from time to time reasonably request. Notwithstanding anything herein (each such person a “VCOC Rights Inspector”), to have customary and appropriate VCOC rights, including consultations rights, inspection and access rights, and rights to receive materials for all meetings of the Board of Directors, and the right to audited and unaudited financial statements, annual budget and other financial and operations information, including advance notification of and consultation with respect to significant corporate actions) relating to inspection, information and consultation with respect to the contrary, in no event shall Company or the Borrower be required to furnish to the Lenders any information Bank. Any consultation or inspection permitted pursuant to this Section 9.09 if 6.09 shall be conducted during normal business hours and in such a manner as not to interfere unreasonably with the Borrower shall reasonably determine that the furnishing of such requested information would be in violation of any applicable law, regulation or order of any Governmental Body or if such information relates to the Borrower's strategic planning, research, development, testing, manufacturing or marketing activities and the furnishing thereof would, in the sole judgment conduct of the Borrower reasonably exercised, adversely affect the competitive position business of the Borrower. Each Lender agrees that all such information provided to such Lender (Company or any officer or employee of such Lender) is confidential the Subsidiaries, and proprietary to nothing herein shall require the Borrower and that such Lender will not disclose (other than to the directors, officers and employees of such Lender who require such information in connection with such Lender's administration of this Agreement and who have been directed to treat such information as confidential and proprietary to the Borrower and other than to bank examiners with jurisdiction over such Lender who request such information) any such information (excluding information which becomes (i) generally available to the public other than as a result of the disclosure thereof by such Lender or its representatives or (ii) available to such Lender on a non-confidential basis from a source other than the Borrower Company or the Subsidiaries to disclose any information to the extent (1) prohibited by Applicable Laws or any of their respective directors, officers, employees, agents (2) that the Company or representatives, provided the Subsidiaries reasonably believe such source is not known to such Lender information to be bound by a confidentiality agreement with the Borrower), competitively sensitive proprietary information (except to the extent the Investor provides assurances reasonably acceptable to the Company or such Lender isSubsidiary, as applicable, that such information shall not be used by the Investor or its affiliates to compete with the Company or such Subsidiary, as applicable). Such Investor also shall hold and use any information that it receives pursuant to this Section solely for purposes of managing its investment in the opinion Company, and shall not use or disclose any material nonpublic information regarding the Company to trade in Company securities or any derivatives thereof. Notwithstanding the foregoing, nothing herein shall require the Company or the Subsidiaries to (1) honor a request from such Investor to visit and inspect any of legal counsel to such Lenderthe offices and properties of the Company and the Subsidiaries and inspect and copy the books and records of the Company and the Subsidiaries more frequently than once per quarter, required by law to disclose such information or (2) make appropriate officers and then only after such Lender shall have given directors of the Borrower at least five (5) days' prior written notice of such required disclosure or, if such prior notice period is not Company and the Subsidiaries available to such Lender Investor for consultation with the Investor or its designated representative with respect to matters relating to the business and affairs of the Company and the Subsidiaries more frequently than once per quarter. Any information to be provided to an Investor hereunder shall be sent or provided only to the Person or department set forth on such Investor’s signature page hereto as the Person or department to receive notices under applicable lawthis Agreement, and neither the Company nor any Person acting on its behalf shall send or provide information hereunder to any other Person on behalf of any Investor without the prior written consent of such shorter notice period, if any, as shall in fact be available to person or a member of such Lender under applicable lawdepartment.

Information, Access and Confidentiality. So long as (a) Upon providing reasonable notice, MNB and its Representatives shall, at all times during normal business hours prior to the Closing Date, have full and continuing access to the facilities, operations, records and properties of LBI and each LBI Subsidiary. MNB and its Representatives may, prior to the Closing Date, make or cause to be made such reasonable investigation of the operations, records and properties of LBI and each LBI Subsidiary, including observation of any Commitments shall be in effect audit of, and examination of any audit work papers with respect to, LBI or any Loans LBI Subsidiary, and of its and their financial and legal condition as MNB shall remain unpaid: (i) the Lendersdeem necessary or advisable to familiarize itself with such records, acting through their officers properties and other duly designated employeesmatters; provided, that such access or investigation shall have not interfere unnecessarily with the right to discuss the affairs, finances and accounts of the Borrower and the Subsidiaries with senior financial officers and employees of the Borrower at such reasonable times and intervals as the Lenders shall reasonably request; and (ii) the Borrower will make available to the Lenders such other information relating to the financial condition or business normal operations of the Borrower and the Subsidiaries as the Lenders shall from time to time reasonably request. Notwithstanding anything herein to the contrary, in no event shall the Borrower be required to furnish to the Lenders any information pursuant to this Section 9.09 if the Borrower shall reasonably determine that the furnishing of such requested information would be in violation of any applicable law, regulation or order of any Governmental Body or if such information relates to the Borrower's strategic planning, research, development, testing, manufacturing or marketing activities and the furnishing thereof would, in the sole judgment of the Borrower reasonably exercised, adversely affect the competitive position of the Borrower. Each Lender agrees that all such information provided to such Lender (or any officer or employee of such Lender) is confidential and proprietary to the Borrower and that such Lender will not disclose (other than to the directors, officers and employees of such Lender who require such information in connection with such Lender's administration of this Agreement and who have been directed to treat such information as confidential and proprietary to the Borrower and other than to bank examiners with jurisdiction over such Lender who request such information) any such information (excluding information which becomes (i) generally available to the public other than as a result of the disclosure thereof by such Lender or its representatives or (ii) available to such Lender on a non-confidential basis from a source other than the Borrower or the Subsidiaries LBI or any of their respective directorsthe LBI Subsidiary. Upon request, officersLBI and each LBI Subsidiary will furnish MNB or its Representatives its attorneys' responses to auditors' requests for information and such financial and operating data and other information reasonably requested by MNB developed by LBI or any LBI Subsidiary, employeesits auditors, agents accountants or representativesattorneys (provided with respect to attorneys, provided such source is disclosure shall be limited to information that would not known to such Lender to be bound result in the waiver by a confidentiality agreement with the BorrowerLBI or any LBI Subsidiary of any claim of attorney-client privilege), except and will permit MNB or its Representatives to the extent such Lender is, in the opinion of legal counsel to such Lender, required by law to disclose discuss such information directly with any individual or firm performing auditing or accounting functions for LBI or any LBI Subsidiary, and then only after such Lender auditors and accountants shall have given be directed to furnish copies of any reports or financial information as developed to MNB or its Representatives. No investigation by MNB shall affect the Borrower at least five (5) days' prior written notice representations and warranties made by LBI. This Section shall not require the disclosure of such required any information the disclosure or, if such prior notice period is not available of which to such Lender under applicable law, such shorter notice period, if any, as shall in fact MNB would be available to such Lender under applicable prohibited by law.

Information, Access and Confidentiality. So long as any Commitments shall be in effect or any Loans shall remain unpaid: (i) the Lenders, acting through their officers and other duly designated employees, shall have the right to discuss the affairs, finances and accounts of the Borrower and the Subsidiaries with senior financial officers and employees of the Borrower at such reasonable times and intervals as the Lenders shall reasonably request; and (ii) the Borrower will make available to the Lenders such other information relating to the financial condition or business operations of the Borrower and the Subsidiaries as the Lenders shall from time to time reasonably request. Notwithstanding anything herein to the contrary, in no event shall the Borrower be required to furnish to the Lenders any information pursuant to this Section 9.09 if the Borrower shall reasonably determine that the furnishing of such requested information would be in violation of any applicable law, regulation or order of any Governmental Body or if such information relates to the Borrower's strategic planning, research, development, testing, manufacturing or marketing activities and the furnishing thereof would, in the sole judgment of the Borrower reasonably exercised, adversely affect the competitive position of the Borrower. Each Lender agrees that all such information provided to such Lender (or any officer or employee of such Lender) is confidential and proprietary to the Borrower and that such Lender will not disclose (other than to the directors, officers and employees of such Lender who require such information in connection with such Lender's administration of this Agreement and who have been directed to treat such information as confidential and proprietary to the Borrower and other than to bank examiners with jurisdiction over such Lender who request such information) any such information (excluding information which becomes (i) generally available to the public other than as a result of the disclosure thereof by such Lender or its representatives or (ii) available to such Lender on a non-confidential basis from a source other than the Borrower or the Subsidiaries or any of their respective directors, officers, employees, agents or representatives, provided such source is not known to such Lender to be bound by a confidentiality agreement with the Borrower), except to the extent such Lender is, in the opinion of legal counsel to such Lender, required by law to disclose such information and then only after such Lender shall have given the Borrower at least five (5) days' prior written notice of such required disclosure or, if such prior notice period is not available to such Lender under applicable law, such shorter notice period, if any, as shall in fact be available to such Lender under applicable law.