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Common use of Non-Confidentiality Clause in Contracts

Non-Confidentiality. The parties hereby agree that (i) effective from the date of commencement of discussions concerning the Transactions, Counterparty and each of its employees, representatives, or other agents may disclose to any and all persons, without limitation of any kind, the tax treatment and tax structure of the Transactions and all materials of any kind, including opinions or other tax analyses, provided by Dealer and its affiliates to Counterparty relating to such tax treatment and tax structure; provided that the foregoing does not constitute an authorization to disclose the identity of Dealer or its affiliates, agents or advisers, or, except to the extent relating to such tax structure or tax treatment, any specific pricing terms or commercial or financial information, and (ii) Dealer does not assert any claim of proprietary ownership in respect of any description contained herein or therein relating to the use of any entities, plans or arrangements to give rise to a particular United States federal income tax treatment for Counterparty.

Appears in 17 contracts

Samples: Equity Distribution Agreement (Agree Realty Corp), Sales Agency Financing Agreement (Eastgroup Properties Inc), Master Confirmation (Avalonbay Communities Inc)

Non-Confidentiality. The parties hereby agree that (i) effective from the date of commencement of discussions concerning the Transactionsany Transaction, Counterparty and each of its employees, representatives, or other agents may disclose to any and all persons, without limitation of any kind, the tax treatment and tax structure of the Transactions such Transaction and all materials of any kind, including opinions or other tax analyses, provided by Dealer and its affiliates to Counterparty relating to such tax treatment and tax structure; provided that the foregoing does not constitute an authorization to disclose the identity of Dealer or its affiliates, agents or advisers, or, except to the extent relating to such tax structure or tax treatment, any specific pricing terms or commercial or financial information, and (ii) Dealer does not assert any claim of proprietary ownership in respect of any description contained herein or therein relating to the use of any entities, plans or arrangements to give rise to a particular United States federal income tax treatment for Counterparty.

Appears in 5 contracts

Samples: At the Market Issuance Sales Agreement (American Homes 4 Rent), Equity Distribution Agreement (First Industrial Lp), Equity Distribution Agreement (Life Storage Lp)

Non-Confidentiality. The parties hereby agree that (i) effective from the date of commencement of discussions concerning the Transactionsany Transaction, Counterparty Counterparty, Dealer and each of its respective employees, representatives, or other agents may disclose to any and all persons, without limitation of any kind, the tax treatment and tax structure of the Transactions such Transaction and all materials of any kind, including opinions or other tax analyses, provided by Dealer and its affiliates to Counterparty analyses relating to such tax treatment and tax structure; provided that the foregoing does not constitute an authorization to disclose the identity of Counterparty, Dealer or its respective affiliates, agents or advisers, or, except to the extent relating to such tax structure or tax treatment, any specific pricing terms or commercial or financial information, and (ii) Dealer does and Counterparty do not assert any claim of proprietary ownership in respect of any description contained herein or therein relating to the use of any entities, plans or arrangements to give rise to a particular United States federal income tax treatment for CounterpartyCounterparty or Dealer.

Appears in 2 contracts

Samples: Equity Distribution Agreement (CareTrust REIT, Inc.), Equity Distribution Agreement (CareTrust REIT, Inc.)

Non-Confidentiality. The parties hereby agree that (i) effective from the date of commencement of discussions concerning the TransactionsTransaction, Counterparty and each of its employees, representatives, or other agents may disclose to any and all persons, without limitation of any kind, the tax treatment and tax structure of the Transactions Transaction and all materials of any kind, including opinions or other tax analyses, provided by Dealer and its affiliates to Counterparty relating to such tax treatment and tax structure; provided that the foregoing does not constitute an authorization to disclose the identity of Dealer or its affiliates, agents or advisers, or, except to the extent relating to such tax structure or tax treatment, any specific pricing terms or commercial or financial information, ; and (ii) Dealer does not assert any claim of proprietary ownership in respect of any description contained herein or therein relating to the use of any entities, plans or arrangements to give rise to a particular United States federal income tax treatment for Counterparty.

Appears in 2 contracts

Samples: Underwriting Agreement (Alliant Energy Corp), Underwriting Agreement (Alliant Energy Corp)

Non-Confidentiality. The parties hereby agree that (i) effective from the date of commencement of discussions concerning the TransactionsTransaction, Counterparty Buyer and each of its employees, representatives, or other agents may disclose to any and all persons, without limitation of any kind, the tax treatment and tax structure of the Transactions Transaction and all materials of any kind, including opinions or other tax analyses, provided by Dealer Seller and its affiliates to Counterparty Buyer relating to such tax treatment and tax structure; provided that the foregoing does not constitute an authorization to disclose the identity of Dealer Seller or its affiliates, agents or advisers, or, except to the extent relating to such tax structure or tax treatment, any specific pricing terms or commercial or financial information, and (ii) Dealer Seller does not assert any claim of proprietary ownership in respect of any description contained herein or therein relating to the use of any entities, plans or arrangements to give rise to a particular United States federal income tax treatment for CounterpartyBuyer.

Appears in 1 contract

Samples: Accelerated Share Repurchase Agreement (NRG Energy, Inc.)

Non-Confidentiality. The parties hereby agree that (i) effective from the date of commencement of discussions concerning the TransactionsTransaction, Counterparty and each of its employees, representatives, or other agents may disclose to any and all persons, without limitation of any kind, the tax treatment and tax structure of the Transactions Transaction and all materials of any kind, including opinions or other tax analyses, provided by Dealer CSFB and its affiliates to Counterparty relating to such tax treatment and tax structure; provided that the foregoing does not constitute an authorization to disclose the identity of Dealer CSFB or its affiliates, agents or advisers, or, except to the extent relating to such tax structure or tax treatment, any specific pricing terms or commercial or financial information, and (ii) Dealer CSFB does not assert any claim of proprietary ownership in respect of any description contained herein or therein relating to the use of any entities, plans or arrangements to give rise to a particular United States federal income tax treatment for Counterparty.

Appears in 1 contract

Samples: Confirmation Agreement (Internet Capital Group Inc)

Non-Confidentiality. The parties hereby agree that (i) effective from the date of commencement of discussions concerning the TransactionsTransaction, Counterparty and each of its employees, representatives, or other agents may disclose to any and all persons, without limitation of any kind, the tax treatment and tax structure of the Transactions Transaction and all materials of any kind, including opinions or other tax analyses, provided by Dealer CS and its affiliates to Counterparty relating to such tax treatment and tax structure; structure (provided that the foregoing does not constitute an authorization to disclose the identity of Dealer CS or its affiliates, agents or advisers, or, except to the extent relating to such tax structure or tax treatment, any specific pricing terms or commercial or financial information, ) and (ii) Dealer CS does not assert any claim of proprietary ownership in respect of any description contained herein or therein relating to the use of any entities, plans or arrangements to give rise to a particular United States federal income tax treatment for Counterparty.

Appears in 1 contract

Samples: Confirmation (Corvina Holdings LTD)

Non-Confidentiality. The parties hereby agree that (i) effective from the date of commencement of discussions concerning the TransactionsTransaction, Counterparty and each of its employees, representatives, or other agents may disclose to any and all persons, without limitation of any kind, the tax treatment and tax structure of the Transactions Transaction and all materials of any kind, including opinions or other tax analyses, provided by Dealer DB and its affiliates to Counterparty relating to such tax treatment and tax structure; structure (provided that the foregoing does not constitute an authorization to disclose the identity of Dealer DB or its affiliates, agents or advisers, or, except to the extent relating to such tax structure or tax treatment, any specific pricing terms or commercial or financial information, ) and (ii) Dealer DB does not assert any claim of proprietary ownership in respect of any description contained herein or therein relating to the use of any entities, plans or arrangements to give rise to a particular United States federal income tax treatment for Counterparty.

Appears in 1 contract

Samples: Confirmation (Virgin Entertainment Investment Holdings LTD)

Non-Confidentiality. The parties hereby agree that (i) effective from the date of commencement of discussions concerning the TransactionsTransaction, Counterparty and each of its employees, representatives, or other agents may disclose to any and all persons, without limitation of any kind, the tax treatment and tax structure of the Transactions Transaction and all materials of any kind, including opinions or other tax analyses, provided by Dealer and its affiliates to Counterparty relating to such tax treatment and tax structure; provided that the foregoing does not constitute an authorization to disclose the identity of Dealer or its affiliates, agents or advisers, or, except to the extent relating to such tax structure or tax treatment, any specific pricing terms or commercial or financial information, and (ii) Dealer does not assert any claim of proprietary ownership in respect of any description contained herein or therein relating to the use of any entities, plans or arrangements to give rise to a particular United States federal income tax treatment for Counterparty.

Appears in 1 contract

Samples: Underwriting Agreement (Exelon Corp)

Non-Confidentiality. The parties hereby agree that (i) effective from the date of commencement of discussions concerning the TransactionsTransaction, Counterparty and each of its employees, representatives, or other agents may disclose to any and all persons, without limitation of any kind, the tax treatment and tax structure of the Transactions Transaction and all materials of any kind, including opinions or other tax analyses, provided by Dealer BSIL and its affiliates to Counterparty Uniserv relating to such tax treatment and tax structure; provided that the foregoing does not constitute an authorization to disclose the identity of Dealer BSIL or its affiliates, agents or advisers, or, except to the extent relating to such tax structure or tax treatment, any specific pricing terms or commercial or financial information, and (ii) Dealer BSIL does not assert any claim of proprietary ownership in respect of any description contained herein or therein relating to the use of any entities, plans or arrangements to give rise to a particular United States federal income tax treatment for Counterparty.

Appears in 1 contract

Samples: Confirmation Agreement (UTi WORLDWIDE INC)

Non-Confidentiality. The parties hereby agree that (i) effective from the date of commencement of discussions concerning the Transactions, Counterparty and each of its employees, representatives, or other agents may disclose to any and all persons, without limitation of any kind, the tax treatment and tax structure of the Transactions and all materials of any kind, including opinions or other tax analyses, provided by Dealer and its affiliates to Counterparty relating to such tax treatment and tax structure; provided that the foregoing does not constitute an authorization to disclose the identity of Dealer or its affiliates, agents or advisers, or, except to the extent relating to such tax structure or tax treatment, any specific pricing terms or commercial or financial information, and (ii) Dealer does not assert any claim of proprietary ownership in respect of any description contained herein or therein relating to the use of any entities, plans or arrangements to give rise to a particular United States federal income tax treatment for Counterparty.

Appears in 1 contract

Samples: Equity Distribution Agreement (RLJ Lodging Trust)

Non-Confidentiality. The parties hereby agree that (i) effective from the date of commencement of discussions concerning the TransactionsTransaction, Counterparty and each of its employees, representatives, or other agents may disclose to any and all persons, without limitation of any kind, the tax treatment and tax structure of the Transactions Transaction and all materials of any kind, including opinions or other tax analyses, provided by Dealer CSFB and its affiliates to Counterparty relating to such tax treatment and tax structure; structure (provided that the foregoing does not constitute an authorization to disclose the identity of Dealer CSFB or its affiliates, agents or advisers, or, except to the extent relating to such tax structure or tax treatment, any specific pricing terms or commercial or financial information, ) and (ii) Dealer CSFB does not assert any claim of proprietary ownership in respect of any description contained herein or therein relating to the use of any entities, plans or arrangements to give rise to a particular United States federal income tax treatment for Counterparty.

Appears in 1 contract

Samples: Confirmation (William Lyon Homes)

Non-Confidentiality. The parties hereby agree that (i) effective from the date of commencement of discussions concerning the TransactionsTransaction, Counterparty and each of its employees, representatives, or other agents may disclose to any and all persons, without limitation of any kind, the tax treatment and tax structure of the Transactions Transaction and all materials of any kind, including opinions or other tax analyses, provided by Dealer and its affiliates to Counterparty relating to such tax treatment and tax structure; provided that the foregoing does not constitute an authorization to disclose the identity of Dealer or its affiliates, agents or advisers, or, except to the extent relating to such tax structure or tax treatment, any specific pricing terms or commercial or financial information, and (ii) Dealer does not assert any claim of proprietary ownership in respect of any description contained herein or therein relating to the use of any entities, plans or arrangements to give rise to a particular United States federal income tax treatment for Counterparty; provided, further, that Counterparty may disclose any such information if required by applicable law, regulatory body, or court order.

Appears in 1 contract

Samples: Underwriting Agreement (Atmos Energy Corp)