Limitations on Information Rights. (a) The provisions of Section 2.1 shall not be in limitation of any rights which any Holder or Significant Holder may have with respect to the books and records of the Company and its subsidiaries, or to inspect their properties or discuss their affairs, finances and accounts, under the laws of the jurisdictions in which they are incorporated.

Limitations on Information Rights. The Company may refrain from providing a particular portion of the information pursuant to Sections 3.1 and 3.2 to a Series A Holder or Series B Holder if the Board reasonably and in good faith determines that (i) such portion of the information is a Company trade secret or involves personal information; or (ii) the disclosure of such information would be reasonably expected to adversely affect the attorney-client privilege between the Company and its counsel, and provided that this Section 3.3 shall not limit the Company’s obligations to provide any information required under Sections 3.1 and/or 3.2 which does not fall within the limitations set forth in this Section 3.3.

Limitations on Information Rights. Each Class B Member who is not then currently employed by the Company, by execution hereof, hereby agrees and acknowledges that pursuant to and in accordance with Section 18-305(g) of the DLLCA and notwithstanding anything contained in this Agreement to the contrary, such Person shall not be entitled to receive any information of any kind or nature concerning the Company and or its business and affairs or financial condition, other than such information as the Board (in its sole discretion) provides to such Person from time to time. In no event shall the Board, any Manager or any Member have any liability in respect of any duty (fiduciary or otherwise) to any Class B Member who is not then currently employed by the Company for failing to provide such person with any information required pursuant to the provisions of this Article VI or the DLLCA.

Limitations on Information Rights. The Company may refrain from providing any of the information pursuant to Sections 1.1 and 1.2 : (i) which (as determined by the Board of Directors of the Company or a committee thereof in good faith) is a Company trade secret; (ii) the disclosure of which would be reasonably expected (as determined by the Board of Directors of the Company in good faith) to adversely affect the attorney-client privilege between the Company and its counsel; (iii) the disclosure of which would be reasonably expected (as determined by the Board of Directors of the Company in good faith) to create a bona fide conflict of interests between the Company and the Major Shareholder requesting to receive such information; or (iv) during any period in which the Company is prohibited to do by any relevant securities law.

Limitations on Information Rights. Notwithstanding anything to the contrary in this Section 7.2, (i) to the extent that any Founder Investor is, directly or indirectly, an employee, officer, director, trustee, member, shareholder, consultant, owner or partner of, or otherwise performs services for, a Competitor of the Company or any Company Subsidiary, such Founder Investor shall not be entitled to receive any materials, reports or information otherwise required to be provided hereunder to the extent any such materials, reports or information are determined by the Board in good faith to constitute competitively sensitive information with respect to such Competitor; provided, that the foregoing restrictions shall not apply to ownership of less than five percent (5%) of the outstanding securities of any class of any publicly-traded securities of a corporation that is a Competitor so long as such Founder Investor does not, directly or indirectly, have any active participation in the management or other business of such corporation, and (ii) any Founder Investor who is in material breach of any noncompetition, non-solicitation, non-disclosure or other restrictive covenant applicable to such Founder Investor pursuant to this Agreement or such Founder Investor’s employment agreement (or any release executed in connection with the termination thereof) shall not be entitled to receive any materials, reports or information otherwise required to be provided hereunder. Upon the request of the Board in good faith, each Shareholder shall provide the Company with such non-confidential information concerning such Shareholder as is reasonable necessary for the Company to comply, or determine its compliance, with any laws or regulations applicable to it (including the Investment Company Act and tax Laws). Each Shareholder, other than the General Atlantic Shareholder and the Summit Shareholder, irrevocably waives any rights to information from the Company provided under Section 18-305 of the Act. Notwithstanding anything to the contrary set forth herein, all rights set forth in this Section 7.2 shall be suspended any time the Company is a reporting company under the Exchange Act or otherwise provides to the general public substantially similar reporting as required by the Exchange Act for reporting companies.

Related to Limitations on Information Rights

Limitations on Disclosure The Company shall not, and the Company shall cause each of its Subsidiaries and each of its and their respective officers, directors, employees and agents not to, provide any Buyer with any material, non-public information regarding the Company or any of its Subsidiaries from and after the date hereof without the express prior written consent of such Buyer (which may be granted or withheld in such Buyer’s sole discretion). In the event of a breach of any of the foregoing covenants, including, without limitation, Section 4(o) of this Agreement, or any of the covenants or agreements contained in any other Transaction Document, by the Company, any of its Subsidiaries, or any of its or their respective officers, directors, employees and agents (as determined in the reasonable good faith judgment of such Buyer), in addition to any other remedy provided herein or in the Transaction Documents, such Buyer shall have the right to make a public disclosure, in the form of a press release, public advertisement or otherwise, of such breach or such material, non-public information, as applicable, without the prior approval by the Company, any of its Subsidiaries, or any of its or their respective officers, directors, employees or agents. No Buyer shall have any liability to the Company, any of its Subsidiaries, or any of its or their respective officers, directors, employees, affiliates, stockholders or agents, for any such disclosure. To the extent that the Company delivers any material, non-public information to a Buyer without such Buyer’s consent, the Company hereby covenants and agrees that such Buyer shall not have any duty of confidentiality with respect to, or a duty not to trade on the basis of, such material, non-public information. Subject to the foregoing, neither the Company, its Subsidiaries nor any Buyer shall issue any press releases or any other public statements with respect to the transactions contemplated hereby; provided, however, the Company shall be entitled, without the prior approval of any Buyer, to make the Press Release and any press release or other public disclosure with respect to such transactions (i) in substantial conformity with the 8-K Filing and contemporaneously therewith and (ii) as is required by applicable law and regulations (provided that in the case of clause (i) each Buyer shall be consulted by the Company in connection with any such press release or other public disclosure prior to its release). Without the prior written consent of the applicable Buyer (which may be granted or withheld in such Buyer’s sole discretion), the Company shall not (and shall cause each of its Subsidiaries and affiliates to not) disclose the name of such Buyer in any filing, announcement, release or otherwise. Notwithstanding anything contained in this Agreement to the contrary and without implication that the contrary would otherwise be true, the Company expressly acknowledges and agrees that no Buyer shall have (unless expressly agreed to by a particular Buyer after the date hereof in a written definitive and binding agreement executed by the Company and such particular Buyer (it being understood and agreed that no Buyer may bind any other Buyer with respect thereto)), any duty of confidentiality with respect to, or a duty not to trade on the basis of, any material, non-public information regarding the Company or any of its Subsidiaries.
Limitations on Use of Information The Fund agrees not to use the information received for marketing or any other similar purpose without the prior written consent of the Intermediary.
Limitations on Rights of Others The provisions of this Agreement are solely for the benefit of the Owner Trustee, the Depositor, the Certificateholder, the Servicer and, to the extent expressly provided herein, the Trustee, the Trust Collateral Agent and the Noteholders, and nothing in this Agreement, whether express or implied, shall be construed to give to any other Person any legal or equitable right, remedy or claim in the Owner Trust Estate or under or in respect of this Agreement or any covenants, conditions or provisions contained herein.
Limitations on Rights of Third Parties The provisions of this Agreement are solely for the benefit of the Seller, the Issuer, the Indenture Trustee (for the benefit of the Secured Parties) and the other Persons expressly referred to herein, and such Persons shall have the right to enforce the relevant provisions of this Agreement. Nothing in this Agreement, whether express or implied, shall be construed to give to any other Person any legal or equitable right, remedy or claim in the Recovery Property or under or in respect of this Agreement or any covenants, conditions or provisions contained herein.
Limitations on Use Each Party shall use, and cause each of its Affiliates, its licensees and its sublicensees to use, any Confidential Information obtained by such Party from the other Party, its Affiliates, its licensees or its sublicensees, pursuant to this Agreement or otherwise, solely in connection with the activities or transactions contemplated hereby.
Limitations on Duties and Exculpation and Indemnification, of Securities Intermediary.
Limitations on Warranties (a) Except for the representations and warranties contained in this Agreement, the Company’s Disclosure Letter and any agreements or certificates delivered pursuant to this Agreement, the Company makes no other express or implied representation or warranty to Parent or Merger Subsidiary. Parent and Merger Subsidiary each acknowledge that, in entering into this Agreement, it has not relied on any representations or warranties of the Company other than the representations and warranties of the Company set forth in this Agreement, the Company’s Disclosure Letter or any agreements or certificates delivered pursuant to this Agreement.
Limitations on Recourse (a) Subject to the qualifications set forth in this Section, neither Maker nor Guarantor nor any partner, member, shareholder, officer or director of either of them shall be personally liable either at law or in equity for the repayment of the Debt or the failure of performance of any other obligation evidenced by this Note or contained in the Deed of Trust or the Other Security Documents, and Payee will satisfy any judgments, orders or decrees on account of the failure to repay such Debt and/or the failure to perform any such obligation, from the Property and any other real or personal property, tangible or intangible, as Maker, Guarantor or any other entity shall have pledged or assigned to secure this Note by any of the Loan Documents, except that Payee may bring a foreclosure action, an action for specific performance or any other appropriate action or proceeding to enable Payee to enforce and realize upon this Note, the Deed of Trust, the Other Security Documents, and the interests in the Property and any other collateral given to Payee pursuant to the Deed of Trust and the Other Security Documents; provided, however, that, except as specifically provided in this Section, any judgment in any such action or proceeding shall be enforceable against Maker only to the extent of Maker’s interest in the Property and in any other collateral given to Payee. Xxxxx, by accepting this Note, the Deed of Trust and the Other Security Documents, agrees that it shall not sue for, seek or demand any deficiency judgment against Maker in any such action or proceeding, under, by reason of or in connection with the Deed of Trust, the Other Security Documents or this Note. The provisions of this Section shall not, however: (i) constitute a waiver, release or impairment of any obligation evidenced or secured by the Deed of Trust, the Environmental Agreement, the Guaranty or the Other Security Documents or this Note; (ii) impair the right of Payee to name Maker as a party defendant in any action or suit for foreclosure and sale under the Deed of Trust; (iii) affect the validity or enforceability of any guaranty or indemnity made in connection with the Deed of Trust, this Note or the Other Security Documents; (iv) impair the right of Payee to obtain the appointment of a receiver; (v) impair the right of Payee to bring suit with respect to fraud or misrepresentation by Maker in connection with the Deed of Trust, this Note, the Environmental Agreement, the Guaranty or the Other Security Documents; (vi) affect the validity or enforceability of the Environmental Agreement or limit the liability of Maker or Guarantor thereunder; or (vii) affect the validity or enforceability of the Guaranty or limit the liability of Guarantor thereunder.
Restrictions on Disclosure i) During the period of employment with Employer and thereafter, Executive shall not disclose Confidential Information to any third parties other than Employer, its employees, agents, consultants, contractors and designees without the prior written permission of Employer, or use Confidential Information for any purpose other than the conduct of Employer's business.
Limitation on Rights of Others Except for Sections 2.6, 7.2 and 11.1, this Agreement is solely for the benefit of the Owner Trustee, the Depositor, the Administrator, the Servicer, the holder of the Residual Interest and the Indenture Trustee and the Secured Parties. Nothing in this Agreement (other than Section 2.6), will give to any other Person any legal or equitable right, remedy or claim in the Trust Property or under this Agreement.

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