Navistar. Except as set forth in Section 4.4.1 of the Navistar Disclosure Schedule, from the date of this Agreement until the earlier of the Closing Date and the date of termination of this Agreement, Navistar, Navistar Parent and each of their Affiliates will provide to Caterpillar and its Representatives reasonable access to all documents and information that Caterpillar reasonably requests in connection with the transactions contemplated by this Agreement and the Transaction Agreements (whether such request is made before, on or after the date of this Agreement), except to the extent that doing so would result in a loss of attorney-client privilege for Navistar, Navistar Parent or any of their Affiliates, or that Navistar, Navistar Parent or any of their Affiliates is required by Law to withhold, or the provision of which would constitute a breach of a Contract to which Navistar, Navistar Parent or any of their Affiliates is a party; provided, that Navistar shall provide to Caterpillar a reasonably detailed summary of any such documents if such summary would not result in a loss of attorney-client privilege for Navistar, Navistar Parent or any of their Affiliates, is permissible under Law and would not constitute a breach of a Contract to which Navistar, Navistar Parent or any of their Affiliates is a party; provided further, with respect to such documents a summary of which (a) would result in a loss of attorney-client privilege for Navistar, Navistar Parent or any of their Affiliates, (b) is not permissible under Law or (c) would constitute a breach of a Contract to which Navistar, Navistar Parent or any of their Affiliates is a party, Navistar shall provide to Caterpillar a list of the names of, and parties to, such documents. The information Caterpillar or any of its Affiliates receive from Navistar, Navistar Parent or any of their Affiliates in the course of the reviews contemplated by this Section 4.4.1 shall be considered Confidential Information.
Navistar. From the date hereof through the Closing Date, unless and until this Agreement shall have been terminated in accordance with the provisions of Section 7, none of Navistar, Navistar Parent, any of their Affiliates or any of their respective Representatives shall, except as expressly permitted by this Section 4.5.1, directly or indirectly: (a) authorize, execute, consummate or enter into any letter of intent, agreement in principle, understanding, agreement or commitment with respect to any Navistar Alternative Transaction or (b) initiate, solicit, respond to or encourage (including by way of furnishing information or assistance) any proposal or offer or enter into, engage in or continue any discussions or negotiations with any party (other than Caterpillar and its Affiliates and Representatives) concerning any Navistar Alternative Transaction. Navistar, Navistar Parent and their Affiliates and Representatives shall cease immediately all discussions and negotiations regarding any Navistar Alternative Transaction that commenced prior to the date of this Agreement and are in progress on the date of this Agreement.
