Information to Participant. Lender may divulge to any participant, assignee or co-lender or prospective participant, assignee or co-lender it may obtain in the Loan or any portion thereof, all information, and furnish to such Person copies of any reports, financial statements, certificates, and documents obtained under any provision of this Agreement, or related agreements and documents.
Information to Participant. Agent and each Lender may divulge to any participant, co-lender or assignee or prospective participant, co-lender or assignee it may obtain in the Credit Facility, or any portion thereof, all information, and furnish to such Person copies of any reports, financial statements, certificates, and documents obtained under any provision of this Agreement, or related agreements and documents; provided, however that any potential participant, co-lender or assignee agrees to hold in confidence all confidential or proprietary information provided to them by Borrower, Agent or such Lender except (a) to the extent that the production of such information is required pursuant to any statute, ordinance, regulation, rule or order or any subpoena or any governmental inquiry or by reason of any bank regulation in connection with any bank examination, and (b) such potential participant, co-lender or assignee shall not be prohibited from disclosing any such information to any of their agents, officers, employees, attorneys, accountants or consultants who shall be informed of this provision.
Information to Participant. Administrative Agent may divulge to any participant, assignee or co-lender or prospective participant, assignee or co-lender it may obtain in the Revolving Credit or Term Loan or any portion thereof, all information, and furnish to such Person copies of any reports, financial statements, certificates, and documents obtained under any provision of this Agreement, or related agreements and documents, subject to Section 9.23.
Information to Participant. Agent and Lenders may divulge to any participant, assignee or co-lender or prospective participant, assignee or co-lender it may obtain in the Loans or any portion thereof, all information, and furnish to such Person copies of any reports, financial statements, certificates, and documents obtained under any provision of this Agreement, or related agreements and documents.
Information to Participant. Lender may divulge to any participant or unless prohibited by applicable law, prospective participant it may obtain in the Loans, or any portion thereof, all information in its possession concerning Borrowers, their Property and financial condition, and furnish to such participant copies of reports, financial statements, projections, certificates, and documents obtained under any provision of this Agreement, or related agreements and documents.
Information to Participant. Each Lender may divulge to any participant, co-lender or assignee or prospective participant, co-lender or assignee it is permitted to obtain hereunder, all information, and furnish to such Person copies of any reports, financial statements, certificates, and documents obtained under any provision of this Agreement, or related agreements and documents; provided, however that the Lender and any potential participant, co-lender or assignee agrees to hold in confidence all confidential or proprietary information not otherwise public (as indicated in writing to them by the Borrower) provided to them by the Borrower, the Agent or such Lender except (a) to the extent disclosure thereof is required under any statute, ordinance, regulation, rule or order or any subpoena or any governmental inquiry or by reason of any bank regulation in connection with any bank examination, and (b) such potential participant, co-lender or assignee shall not be prohibited from disclosing any such information to any of their agents, officers, employees, attorneys, accountants or consultants who shall be informed of this provision.
Information to Participant. Lender may divulge to any participant -------------------------- or co-lender or prospective participant or co-lender it may obtain in the Credit Facility, or any portion thereof, all information, and furnish to such Person copies of any reports, financial statements, certificates, and documents obtained under any provision of this Agreement, or related agreements and documents; provided that any material non-public confidential or proprietary information shall be identified as such by Borrowers upon its delivery to Lender and may not be disclosed by Lender to any such participant except with appropriate confidentiality protection as agreed by Borrower and Lender.
Information to Participant. 68 EXHIBIT LIST Exhibit 2.1(b) -- Form of Revolving Credit Note Exhibit 2.1(c) -- Form of Term Note Exhibit 2.1(e) -- Form of Borrowing Base Certificate Exhibit 2.3(b)(ii) -- Form of Assignment Agreement Exhibit 5.1 -- Borrower's States of Qualifications Exhibit 5.2 -- Places of Business Exhibit 5.3 -- Judgments, Proceedings, Litigation and Orders Exhibit 5.9 -- Subsidiaries and Affiliates Exhibit 5.10 -- Existing Guaranties, Investments and Borrowings, Leases and Employment Agreements Exhibit 5.12(a) -- Schedule of Names Exhibit 5.12(b) -- Trademarks, Patents and Copyrights Exhibit 5.13 -- Other Associations Exhibit 5.14 -- Environmental Matters Exhibit 5.15 -- Capital Stock Exhibit 5.17 -- Form of Lease Exhibit 6.11 -- Officers' Certificates Schedule A -- Schedule and Addresses of Lenders AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT This Amended and Restated Loan and Security Agreement ("Agreement") is dated this ____ day of September, 1998, by and among Fidelity Leasing, Inc., a Pennsylvania corporation ("Borrower"), First Union National Bank, a national banking association in its capacity as agent ("Agent") and as lender, and the financial institutions listed on Schedule A attached hereto and made a part of this Agreement (as such Schedule may be amended, modified or replaced from time to time), in their capacity as lenders (singly, each is a "Lender" and collectively, all are "Lenders").
Information to Participant. Agent and each Lender may divulge to any participant, assignee or co-lender or prospective participant, assignee or co-lender it may obtain in the Revolving Credit or Term Loans, or any portion thereof, all information, and furnish to such Person copies of any reports, financial statements, certificates, and documents obtained under any provision of this Agreement, or related agreements and documents; provided, however, such Participant, assignee, co-lender or prospective participant, assignee or co-lender is aware of Agent's and such Lender's covenant pursuant to Section 10.20 hereof and has agreed to comply with such covenant.
Information to Participant. In the event the Bank sells a participating interest in the Loan to another financial institution, the Bank may, from time to time, notify the Borrowers that information to be reported and delivered to the Bank hereunder shall also and simultaneously be provided to such participant, whereupon it shall be Borrowers' obligation hereunder to provide such participant with all information and notices directed to Bank. Any participant shall have the right to join the Bank in the conduct of any audit or examination of books and records.
(l) An Amended Schedule "A" and an Amended Schedule "B", in the form attached hereto, shall be substituted in lieu of the Schedule "A" and Schedule "B" appended to the 1995 Loan Agreement.
