Limitation on Disclosure Obligation. The Company shall not be required to disclose the following information pursuant to Section 7.1(c), 7.1(h) or 7.3:
Limitation on Disclosure Obligation. The Obligors shall not be required to disclose the following information pursuant to Section 7.1(d)(ii), 7.1(g) or 7.3:
Limitation on Disclosure Obligation. Neither of the Obligors nor the Parent Guarantor shall be required to disclose the following information pursuant to Section 7.1(c), 7.1(g), 7.1(h) or 7.3:
Limitation on Disclosure Obligation. Neither Constituent Company nor any Subsidiary shall be required to disclose the following information pursuant to Section 7.1(c)(1)(i), 7.1(h) or 7.3:
Limitation on Disclosure Obligation. Notwithstanding the obligations under Section 7.1(g) or 7.3, the Company shall not be required to disclose information (x) to the extent that such disclosure to the holder of Notes violates any bona fide contractual confidentiality obligations by which it is bound, so long as (i) such obligations were not entered into in contemplation of this Agreement or any of the other transactions contemplated hereby and (ii) such obligations are owed by it to a third party that is not an Affiliate or (y) as to which it has been advised by counsel that the provision of such information to any holder of Notes would give rise to a waiver of the attorney-client privilege. Promptly after determining that the Company is not permitted to disclose any information as a result of the limitations described in this Section 7.5, the Company will provide each of the holders with an Officer’s Certificate describing generally the requested information that the Company is prohibited from disclosing pursuant to this Section 7.5 and the circumstances under which the Company is not permitted to disclose such information.
Limitation on Disclosure Obligation. The Company shall not be required to disclose the following information pursuant to Section 7.1(c)(i)(x), 7.1(h) or 7.3: information that the Company determines after consultation with counsel qualified to advise on such matters that, notwithstanding the confidentiality requirements of Section 21, it would be prohibited from disclosing by applicable law or regulations without making public disclosure thereof; or information that, notwithstanding the confidentiality requirements of Section 21, the Company is prohibited from disclosing by the terms of an obligation of confidentiality contained in any agreement with any non-Affiliate binding upon the Company and not entered into in contemplation of this clause (b), provided that the Company shall use commercially reasonable efforts to obtain consent from the party in whose favor the obligation of confidentiality was made to permit the disclosure of the relevant information and provided further that the Company has received a written opinion of counsel confirming that disclosure of such information without consent from such other contractual party would constitute a breach of such agreement. Promptly after determining that the Company is not permitted to disclose any information as a result of the limitations described in this Section 7.5, the Company will provide each of the holders with an Officer’s Certificate describing generally the requested information that the Company is prohibited from disclosing pursuant to this Section 7.5 and the circumstances under which the Company is not permitted to disclose such information. Promptly after a request therefor from any holder of Notes that is an Institutional Investor, the Company will provide such holder with a written opinion of counsel (which may be addressed to the Company) relied upon as to any requested information that the Company is prohibited from disclosing to such holder under circumstances described in this Section 7.5.
Limitation on Disclosure Obligation. The Company shall not be required to disclose the following information pursuant to Section 7.1(f), Section 7.1(g) or Section 7.3: information that the Company determines after consultation with independent counsel qualified to advise on such matters that, notwithstanding the confidentiality requirements of Section 20, it would be prohibited from disclosing by applicable law, rule, regulation or order without making public disclosure thereof; information that the Company determines after consultation with independent counsel qualified to advise on such matters that, notwithstanding the confidentiality requirements of Section 20, the Company is prohibited from disclosing by the terms of an obligation of confidentiality contained in any agreement with any non-Affiliate binding upon the Company and not entered into in contemplation of this clause (b), provided that the Company shall use commercially reasonable efforts to obtain consent from the party in whose favor the obligation of confidentiality was made to permit the disclosure of the relevant information; or information the reason for the non-disclosure of which is solely to preserve an attorney-client privilege available to the Company or a Subsidiary, as applicable, and that the Company determines, after consultation with independent counsel qualified to advise on such matters, would, if disclosed, no longer be entitled to the benefit of such attorney-client privilege notwithstanding the confidentiality requirements of Section 20, provided that (1) such information was not made subject to such attorney-client privilege in contemplation of this clause (c) and (2) such non-disclosure is necessary to preserve such attorney-client privilege. Promptly after a request therefor from any holder of Notes that is an Institutional Investor, the Company will provide such holder with a written opinion of counsel (which counsel may be in-house counsel and/or which opinion may (i) be subject to such assumptions, qualifications and exceptions as are typically included in opinions of such type and (ii) be addressed to the Company) substantiating that the information requested is not required to be disclosed to such holder pursuant to this Section 7.4 and, if at the time of such request no Default or Event of Default shall exist, the cost of providing such opinion, if provided by independent counsel, shall be shared equally between the Company and the requesting holder(s).
Limitation on Disclosure Obligation. The Borrower shall not be required to disclose information pursuant to Sections 7.1(j) and (l) and Section 7.3 that:
Limitation on Disclosure Obligation. Parent shall not be required to disclose the following information pursuant to Section 7.1(c)(i)(x), 7.1(e), 7.1(f), 7.1(h) or 7.3:
Limitation on Disclosure Obligation. The Company shall not be required to disclose any information pursuant to Section 7.1(i) or 7.3 (x) to any Competitor or (y) if the Company is prohibited from disclosing such information by the terms of an obligation of confidentiality contained in any agreement which is binding upon the Company and which was entered into on normal commercial terms (and not in contemplation of this clause (y)), provided that the Company shall make a good faith attempt (i) to include in any such agreement entered into after the date hereof customary exceptions with respect to the disclosure of information to the Company’s lenders and creditors that have agreed to take such information on a confidential basis and (ii) to obtain consent from the party in whose favor the obligation of confidentiality was made to permit the disclosure of the relevant information if reasonably requested to do so by the holder or holders of the Notes requesting such information.
