Limited Disclosure. (i) Lender shall not disclose to any Person any Specified Information (as defined below) except to its, and its Affiliates’, officers, employees, agents, accountants, legal counsel, advisors and other representatives who have a need to know such Specified Information in connection with this Agreement or the transactions contemplated hereby. “Specified Information” means information that Borrower has furnished or in the future furnishes to the Lender in confidence, but does not include any such information that (a) is published in a source or otherwise becomes generally available to the public (other than through the actions of the Lender or any of its Affiliates, officers, employees, agents, accountants, legal counsel, advisors and other representatives in violation of this Agreement) or that is or becomes available to the Lender from a source other than Borrower, (b) without duplication with clause (a) above, is otherwise a matter of general public knowledge, (c) is required to be disclosed by law, regulation, or judicial order (including pursuant to the Code), (d) is requested by any regulatory body with jurisdiction over the Lender, (e) is disclosed to legal counsel, accountants and other professional advisors to the Lender, in connection with the exercise of any right or remedy hereunder or under any Note or any suit or other litigation or proceeding relating to this Agreement or any Note or to a rating agency if required by such agency in connection with a rating relating to the Loan, (f) is disclosed to assignees, participants or potential assignees or participants who agree to be bound by the provisions of this Section 9.11 or (g) is disclosed to any actual or prospective counterparty (or its advisors) to any swap or derivative transaction relating to Borrower and its obligations who agrees to be bound by the provisions of this Section 9.11.
Appears in 3 contracts
Samples: Loan Agreement (Potomac Electric Power Co), Loan Agreement (Delmarva Power & Light Co /De/), Loan Agreement (Potomac Electric Power Co)
Limited Disclosure. (ia) The Lender shall not disclose to any Person any Specified Information (as defined below) except to its, and its Affiliates’, officers, employees, agents, accountants, legal counsel, advisors and other representatives who have a need to know such Specified Information in connection with this Agreement or the transactions contemplated hereby. “Specified Information” means information that the Borrower has furnished or in the future furnishes to the Lender in confidence, but does not include any such information that (ai) is published in a source or otherwise becomes generally available to the public (other than through the actions of the Lender or any of its Affiliates, officers, employees, agents, accountants, legal counsel, advisors and other representatives in violation of this Agreement) or that is or becomes available to the Lender from a source other than the Borrower, (bii) without duplication with clause (ai) above, is otherwise a matter of general public knowledge, (ciii) that is required to be disclosed by law, regulation, regulation or judicial order (including pursuant to the Code), (div) that is requested by any regulatory body with jurisdiction over the Lender, (ev) that is disclosed to legal counsel, accountants and other professional advisors to the Lender, in connection with the exercise of any right or remedy hereunder or under any Note or any suit or other litigation or proceeding relating to this Agreement or any Note or to a rating agency if required by such agency in connection with a rating relating to the LoanCredit Extensions hereunder, (fvi) that is disclosed to assignees, participants or potential assignees or participants who agree to be bound by the provisions of this Section 9.11 9.9 or (gvii) that is disclosed to any actual or prospective counterparty (or its advisors) to any swap or derivative transaction relating to the Borrower and its obligations who agrees to be bound by the provisions of this Section 9.119.9.
Appears in 2 contracts
Samples: Credit Agreement (Pepco Holdings Inc), Credit Agreement (Pepco Holdings Inc)
Limited Disclosure. (ia) Neither the Agent nor any Lender shall not disclose to any Person any Specified Information (as defined below) except to its, and its Affiliates’, officers, employees, agents, accountants, legal counsel, advisors and other representatives who have a need to know such Specified Information in connection with this Agreement or the transactions contemplated hereby. “Specified Information” means information that Borrower has furnished or in the future furnishes to the Agent or any Lender in confidence, but does not include any such information that (ai) is published in a source or otherwise becomes generally available to the public (other than through the actions of the Agent, any Lender or any of its their Affiliates, officers, employees, agents, accountants, legal counsel, advisors and other representatives in violation of this Agreement) or that is or becomes available to the Agent or such Lender from a source other than Borrower, (bii) without duplication with clause (a) abovei), is otherwise a matter of general public knowledge, (ciii) that is required to be disclosed by law, regulation, regulation or judicial order (including pursuant to the Code), (div) that is requested by any regulatory body with jurisdiction over the Agent or any Lender, (ev) that is disclosed to legal counsel, accountants and other professional advisors to the Lender, Agent or such Lender in connection with the exercise of any right or remedy hereunder or under any Note or any suit or other litigation or proceeding relating to this Agreement or any Note or to a rating agency if required by such agency in connection with a rating relating to the LoanLoans hereunder, (fvi) that is disclosed to assignees, participants Participants or potential assignees or participants Participants who agree to be bound by the provisions of this Section 9.11 or (gvii) that is disclosed to any actual or prospective counterparty (or its advisors) to any swap or derivative transaction relating to Borrower and its obligations who agrees to be bound by the provisions of this Section 9.11.
Appears in 2 contracts
Samples: Term Loan Agreement (Pepco Holdings Inc), Term Loan Agreement (Pepco Holdings Inc)
Limited Disclosure. (ia) Neither Agent nor any Lender shall not disclose to any Person any Specified Information (as defined below) except to its, and its Affiliates’, officers, employees, agents, accountants, legal counsel, advisors and other representatives who have a need to know such Specified Information in connection with this Agreement or the transactions contemplated hereby. “Specified Information” means information that Borrower has furnished or in the future furnishes to the Agent or any Lender in confidence, but does not include any such information that (ai) is published in a source or otherwise becomes generally available to the public (other than through the actions of the Agent, any Lender or any of its their Affiliates, officers, employees, agents, accountants, legal counsel, advisors and other representatives in violation of this Agreement) or that is or becomes available to the Agent or such Lender from a source other than Borrower, (bii) without duplication with clause (a) abovei), is otherwise a matter of general public knowledge, (ciii) that is required to be disclosed by law, regulation, regulation or judicial order (including pursuant to the Code), (div) that is requested by any regulatory body with jurisdiction over the Agent or any Lender, (ev) that is disclosed to legal counsel, accountants and other professional advisors to the Lender, Agent or such Lender in connection with the exercise of any right or remedy hereunder or under any Note or any suit or other litigation or proceeding relating to this Agreement or any Note or to a rating agency if required by such agency in connection with a rating relating to the LoanLoans hereunder, (fvi) that is disclosed to assignees, participants Participants or potential assignees or participants Participants who agree to be bound by the provisions of this Section 9.11 or (gvii) that is disclosed to any actual or prospective counterparty (or its advisors) to any swap or derivative transaction relating to Borrower and its obligations who agrees to be bound by the provisions of this Section 9.11.
Appears in 1 contract
Limited Disclosure. (i) None of the Agent, the Issuer nor any Lender shall not disclose to any Person any Specified Information (as defined below) except to its, and its Affiliates’', officers, employees, agents, accountants, legal counsel, advisors and other representatives who have a need to know such Specified Information in connection with this Agreement or the transactions contemplated hereby. “"Specified Information” " means information that any Borrower has furnished or in the future furnishes to the Agent, the Issuer or any Lender in confidence, but does not include any such information that (a) is published in a source or otherwise becomes generally available to the public (other than through the actions of the Agent, the Issuer, any Lender or any of its their Affiliates, officers, employees, agents, accountants, legal counsel, advisors and other representatives in violation of this Agreement) or that is or becomes available to the Agent, the Issuer or such Lender from a source other than a Borrower, (b) without duplication with clause (ab) above, is otherwise a matter of general public knowledge, (c) that is required to be disclosed by law, regulation, regulation or judicial order (including pursuant to the Code), (d) that is requested by any regulatory body with jurisdiction over the Agent, the Issuer or any Lender, (e) that is disclosed to legal counsel, accountants and other professional advisors to the Agent, the Issuer or such Lender, in connection with the exercise of any right or remedy hereunder or under any Note or any suit or other litigation or proceeding relating to this Agreement or any Note or to a rating agency if required by such agency in connection with a rating relating to the LoanCredit Extensions hereunder, (f) that is disclosed to assignees, assignees or participants or potential assignees or participants who agree to be bound by the provisions of this Section 9.11 or (g) that is disclosed to any actual or prospective counterparty (or its advisors) to any swap or derivative transaction relating to any Borrower and its obligations who agrees to be bound by the provisions of this Section 9.11.
Appears in 1 contract
Limited Disclosure. (ia) None of the Agent, the Swingline Lender nor any other Lender shall not disclose to any Person any Specified Information (as defined below) except to its, and its Affiliates’, officers, employees, agents, accountants, legal counsel, advisors and other representatives who have a need to know such Specified Information in connection with this Agreement or the transactions contemplated hereby. “Specified Information” means information that Borrower has furnished or in the future furnishes to the Agent, the Swingline Lender or any other Lender in confidence, but does not include any such information that (ai) is published in a source or otherwise becomes generally available to the public (other than through the actions of the Agent, the Swingline Lender, any other Lender or any of its their Affiliates, officers, employees, agents, accountants, legal counsel, advisors and other representatives in violation of this Agreement) or that is or becomes available to the Agent, the Swingline Lender or such other Lender from a source other than Borrower, (bii) without duplication with clause (ai) above, is otherwise a matter of general public knowledge, (ciii) that is required to be disclosed by law, regulation, regulation or judicial order (including pursuant to the Code), (div) that is requested by any regulatory body with jurisdiction over the Agent, the Swingline Lender or any other Lender, (ev) that is disclosed to legal counsel, accountants and other professional advisors to the Agent, the Swingline Lender or such other Lender, in connection with the exercise of any right or remedy hereunder or under any Note or any suit or other litigation or proceeding relating to this Agreement or any Note or to a rating agency if required by such agency in connection with a rating relating to the LoanCredit Extensions hereunder, (fvi) that is disclosed to assignees, assignees or participants or potential assignees or participants who agree to be bound by the provisions of this Section 9.11 or (gvii) that is disclosed to any actual or prospective counterparty (or its advisors) to any swap or derivative transaction relating to Borrower and its obligations who agrees to be bound by the provisions of this Section 9.11.
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Limited Disclosure. (i) None of the Agent, any Issuer, the Swingline Lender nor any Lender shall not disclose to any Person any Specified Information (as defined below) except to its, and its Affiliates’, officers, employees, agents, accountants, legal counsel, advisors and other representatives who have a need to know such Specified Information in connection with this Agreement or the transactions contemplated hereby. “Specified Information” means information that any Borrower has furnished or in the future furnishes to the Agent, any Issuer, the Swingline Lender or any Lender in confidence, but does not include any such information that (a) is published in a source or otherwise becomes generally available to the public (other than through the actions of the Agent, any Issuer, the Swingline Lender, any Lender or any of its their Affiliates, officers, employees, agents, accountants, legal counsel, advisors and other representatives in violation of this Agreement) or that is or becomes available to the Agent, such Issuer, the Swingline Lender or such Lender from a source other than a Borrower, (b) without duplication with clause (ab) above, is otherwise a matter of general public knowledge, (c) that is required to be disclosed by law, regulation, regulation or judicial order (including pursuant to the Code), (d) that is requested by any regulatory body with jurisdiction over the Agent, any Issuer, the Swingline Lender or any Lender, (e) that is disclosed to legal counsel, accountants and other professional advisors to the Agent, such Issuer, the Swingline Lender or such Lender, in connection with the exercise of any right or remedy hereunder or under any Note or any suit or other litigation or proceeding relating to this Agreement or any Note or to a rating agency if required by such agency in connection with a rating relating to the LoanCredit Extensions hereunder, (f) that is disclosed to assignees, assignees or participants or potential assignees or participants who agree to be bound by the provisions of this Section 9.11 or (g) that is disclosed to any actual or prospective counterparty (or its advisors) to any swap or derivative transaction relating to any Borrower and its obligations who agrees to be bound by the provisions of this Section 9.11.
Appears in 1 contract
Limited Disclosure. (i) Lender shall not disclose to any Person any Specified Information (as defined below) except to its, and its Affiliates’', officers, employees, agents, accountants, legal counsel, advisors and other representatives who have a need to know such Specified Information in connection with this Agreement or the transactions contemplated herebyLoan. “"Specified Information” " means information that Borrower has furnished or in the future furnishes to the Lender in confidenceconfidence , but does not include any such information that (a) is published in a source or otherwise becomes generally available to the public (other than through the actions of the Lender or any of its Affiliates, officers, employees, agents, accountants, legal counsel, advisors and other representatives in violation of this Agreement) or that is or becomes available to the Lender from a source other than Borrower, (b) without duplication with clause (a) above, is otherwise a matter of general public knowledge, (c) that is required to be disclosed by law, regulation, or judicial order (including pursuant to the Code), (d) that is requested by any regulatory body with jurisdiction over the Lender, (e) that is disclosed to legal counsel, accountants and other professional advisors to the Lender, in connection with the exercise of any right or remedy hereunder or under any Note or any suit or other litigation or proceeding relating to this Agreement or any Note or to a rating agency if required by such agency in connection with a rating relating to the Loan, Loan or (f) that is disclosed to assignees, participants or potential assignees or participants who agree to be bound by the provisions of this Section 9.11 or (g) is disclosed to any actual or prospective counterparty (or its advisors) to any swap or derivative transaction relating to Borrower and its obligations who agrees to be bound by the provisions of this Section 9.11.
Appears in 1 contract
Limited Disclosure. (i) None of the Agent, any Issuer, the Swingline Lender nor any Lender shall not disclose to any Person any Specified Information (as defined below) except to its, and its Affiliates’, officers, employees, agents, accountants, legal counsel, advisors and other representatives who have a need to know such Specified Information in connection with this Agreement or the transactions contemplated hereby. “Specified Information” means information that any Borrower has furnished or in the future furnishes to the Agent, any Issuer, the Swingline Lender or any Lender in confidence, but does not include any such information that (a) is published in a source or otherwise becomes generally available to the public (other than through the actions of the Agent, any Issuer, the Swingline Lender, any Lender or any of its their Affiliates, officers, employees, agents, accountants, legal counsel, advisors and other representatives in violation of this Agreement) or that is or becomes available to the Agent, such Issuer, the Swingline Lender or such Lender from a source other than a Borrower, (b) without duplication with clause (ab) above, is otherwise a matter of general public knowledge, (c) that is required to be disclosed by law, regulation, regulation or judicial order (including pursuant to the Code), (d) that is requested by any regulatory body with jurisdiction over the Agent, any Issuer, the Swingline Lender or any Lender, (e) that is disclosed to legal counsel, accountants and other professional advisors to the Agent, such Issuer, the Swingline Lender or such Lender, in connection with the exercise of any right or remedy hereunder or under any Note or any suit or other litigation or proceeding relating to this Agreement or any Note or to a rating agency if required by such agency in connection with a rating relating to the LoanCredit Extensions hereunder, (f) that is disclosed to assignees, assignees or participants or potential assignees or participants who agree to be bound by the provisions of this Section 9.11 or provisions at least as restrictive as those in this Section 9.11, (g) that is disclosed to any actual or prospective counterparty (or its advisors) to any swap or derivative transaction relating to any Borrower and its obligations who agrees to be bound by the provisions of this Section 9.119.11 or (h) the disclosure of which is approved by the relevant Borrower.
Appears in 1 contract
Samples: Fourth Amendment to Second Amended and Restated Credit Agreement (Baltimore Gas & Electric Co)
Limited Disclosure. (i) Lender shall not disclose to any Person any Specified Information (as defined below) except to its, and its Affiliates’', officers, employees, agents, accountants, legal counsel, advisors and other representatives who have a need to know such Specified Information in connection with this Agreement or the transactions contemplated hereby. “"Specified Information” " means information that Borrower has furnished or in the future furnishes to the Lender in confidence, but does not include any such information that (a) is published in a source or otherwise becomes generally available to the public (other than through the actions of the Lender or any of its Affiliates, officers, employees, agents, accountants, legal counsel, advisors and other representatives in violation of this Agreement) or that is or becomes available to the Lender from a source other than Borrower, (b) without duplication with clause (a) above, is otherwise a matter of general public knowledge, (c) is required to be disclosed by law, regulation, or judicial order (including pursuant to the Code), (d) is requested by any regulatory body with jurisdiction over the Lender, (e) is disclosed to legal counsel, accountants and other professional advisors to the Lender, in connection with the exercise of any right or remedy hereunder or under any Note or any suit or other litigation or proceeding relating to this Agreement or any Note or to a rating agency if required by such agency in connection with a rating relating to the Loan, (f) is disclosed to assignees, participants or potential assignees or participants who agree to be bound by the provisions of this Section 9.11 or (g) is disclosed to any actual or prospective counterparty (or its advisors) to any swap or derivative transaction relating to Borrower and its obligations who agrees to be bound by the provisions of this Section 9.11.
Appears in 1 contract
Limited Disclosure. (i) None of the Agent, the Swingline Lender nor any other Lender shall not disclose to any Person any Specified Information (as defined below) except to its, and its Affiliates’, officers, employees, agents, accountants, legal counsel, advisors and other representatives who have a need to know such Specified Information in connection with this Agreement or the transactions contemplated hereby. “Specified Information” means information that Borrower has furnished or in the future furnishes to the Agent, the Swingline Lender or any other Lender in confidence, but does not include any such information that (a) is published in a source or otherwise becomes generally available to the public (other than through the actions of the Agent, the Swingline Lender, any other Lender or any of its their Affiliates, officers, employees, agents, accountants, legal counsel, advisors and other representatives in violation of this Agreement) or that is or becomes available to the Agent, the Swingline Lender or such other Lender from a source other than Borrower, (b) without duplication with clause (ab) above, is otherwise a matter of general public knowledge, (c) that is required to be disclosed by law, regulation, regulation or judicial order (including pursuant to the Code), (d) that is requested by any regulatory body with jurisdiction over the Agent, the Swingline Lender or any other Lender, (e) that is disclosed to legal counsel, accountants and other professional advisors to the Agent, the Swingline Lender or such other Lender, in connection with the exercise of any right or remedy hereunder or under any Note or any suit or other litigation or proceeding relating to this Agreement or any Note or to a rating agency if required by such agency in connection with a rating relating to the LoanCredit Extensions hereunder, (f) that is disclosed to assignees, assignees or participants or potential assignees or participants who agree to be bound by the provisions of this Section 9.11 or (g) that is disclosed to any actual or prospective counterparty (or its advisors) to any swap or derivative transaction relating to Borrower and its obligations who agrees to be bound by the provisions of this Section 9.11.
Appears in 1 contract
Limited Disclosure. (i) Lender shall not disclose to any Person any Specified Information (as defined below) except to its, and its Affiliates’', officers, employees, agents, accountants, legal counsel, advisors and other representatives who have a need to know such Specified Information in connection with this Agreement or the transactions contemplated herebyLoan. “"Specified Information” " means information that Borrower has furnished or in the future furnishes to the Lender in confidence, but does not include any such information that (a) is published in a source or otherwise becomes generally available to the public (other than through the actions of the Lender or any of its Affiliates, officers, employees, agents, accountants, legal counsel, advisors and other representatives in violation of this Agreement) or that is or becomes available to the Lender from a source other than Borrower, (b) without duplication with clause (a) above, is otherwise a matter of general public knowledge, (c) that is required to be disclosed by law, regulation, regulation or judicial order (including pursuant to the Code), (d) that is requested by any regulatory body with jurisdiction over the Lender, (e) that is disclosed to legal counsel, accountants and other professional advisors to the Lender, in connection with the exercise of any right or remedy hereunder or under any Note or any suit or other litigation or proceeding relating to this Agreement or any Note or to a rating agency if required by such agency in connection with a rating relating to the Loan, Loan or (f) that is disclosed to assignees, assignees or participants or potential assignees or participants who agree to be bound by the provisions of this Section 9.11 or (g) is disclosed to any actual or prospective counterparty (or its advisors) to any swap or derivative transaction relating to Borrower and its obligations who agrees to be bound by the provisions of this Section 9.11.
Appears in 1 contract
Limited Disclosure. (ia) Neither the Agent nor any Lender shall not disclose to any Person any Specified Information (as defined below) except to its, and its Affiliates’, officers, employees, agents, accountants, legal counsel, advisors and other representatives who have a need to know such Specified Information in connection with this Agreement or the transactions contemplated hereby. “Specified Information” means information that Borrower has furnished or in the future furnishes to the Agent or any Lender in confidence, but does not include any such information that (ai) is published in a source or otherwise becomes generally available to the public (other than through the actions of the Agent, any Lender or any of its their Affiliates, officers, employees, agents, accountants, legal counsel, advisors and other representatives in violation of this Agreement) or that is or becomes available to the Agent or such Lender from a source other than Borrower, (bii) without duplication with clause (a) abovei), is otherwise a matter of general public knowledge, (ciii) that is required to be disclosed by law, regulation, regulation or judicial order (including pursuant to the Code), (div) that is requested by any regulatory body with jurisdiction over the Agent or any Lender, (ev) that is disclosed to legal counsel, accountants and other professional advisors to the Lender, Agent or such Lender in connection with the exercise of any right or remedy hereunder or under any Note or any suit or other litigation or proceeding relating to this Agreement or any Note or to a rating agency if required by such agency in connection with a rating relating to the LoanLoans hereunder, (fvi) that is disclosed to assignees, participants assignees or Participants or potential assignees or participants Participants who agree to be bound by the provisions of this Section 9.11 or (gvii) that is disclosed to any actual or prospective counterparty (or its advisors) to any swap or derivative transaction relating to Borrower and its obligations who agrees to be bound by the provisions of this Section 9.11.
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