Non Public Information Confidentiality. (a) Lender acknowledges and agrees that it may receive material non-public information hereunder and under the other Inventory Loan Documents concerning the Borrower and its Affiliates and agrees to use such information in compliance with all applicable requirements of law (including United States Federal and state securities laws and regulation). (b) Lender agrees to use all reasonable efforts to maintain the confidentiality of information obtained by it pursuant to any Inventory Loan Document and designated in writing by Borrower or any of its Affiliate(s), as the case may be, as confidential, except that such information may be disclosed (i) with such Person’s consent, (ii) to the extent such information presently is or hereafter becomes (A) publicly available other than as a result of a breach of this Section 13.29 or (B) available to Lender from a source (other than Borrower or any of its Affiliates) not known by them to be subject to disclosure restrictions, (iii) to the extent disclosure is required by applicable requirements of law or other legal process or requested or demanded by any Governmental Authority, and (iv) to current or prospective assignees or participants, in each case to the extent such assignees or participants agree to be bound by provisions substantially similar to the provisions of this Section 13.29.
Appears in 1 contract
Samples: Loan and Security Agreement (Diamond Resorts Parent, LLC)
Non Public Information Confidentiality. (a) Lender acknowledges and agrees that it may receive material non-public information hereunder and under the other Inventory Loan Documents concerning the Borrower and its Affiliates and agrees to use such information in compliance with all applicable requirements of law (including United States Federal and state securities laws and regulation).
(b) Lender agrees to use all reasonable efforts to maintain the confidentiality of information obtained by it pursuant to any Inventory Loan Document and designated in writing by Borrower or any of its Affiliate(s), as the case may be, as confidential, except that such information may be disclosed (i) with such Person’s consent, (ii) to the extent such information presently is or hereafter becomes (A) publicly available other than as a result of a breach of this Section 13.29 or (B) available to Lender from a source (other than Borrower or any of its Affiliates) not known by them to be subject to disclosure restrictions, (iii) to the extent disclosure is required by applicable requirements of law or other legal process or requested or demanded by any Governmental Authority, and (iv) to current or prospective assignees or participants, in each case to the extent such assignees or participants agree to be bound by provisions substantially similar to the provisions of this Section 13.29.
Appears in 1 contract
Samples: Receivables Loan and Security Agreement (Diamond Resorts Parent, LLC)
Non Public Information Confidentiality. (a) Lender acknowledges and agrees that it may receive material non-public information hereunder and under the other Inventory Loan Documents concerning the Borrower and its Affiliates and agrees to use such information in compliance with all applicable requirements of law (including United States Federal and state securities laws and regulation).
(b) Lender agrees to use all reasonable efforts to maintain the confidentiality of information obtained by it pursuant to any Inventory Loan Document and designated in writing by Borrower or any of its Affiliate(s), as the case may be, as confidential, except that such information may be disclosed (i) with such Person’s 's consent, (ii) to the extent such information presently is or hereafter becomes (A) publicly available other than as a result of a breach of this Section 13.29 11.16 or (B) available to Lender from a source (other than Borrower or any of its Affiliates) not known by them to be subject to disclosure restrictions, (iii) to the extent disclosure is required by applicable requirements of law or other legal process or requested or demanded by any Governmental Authoritygovernmental authority, and (iv) to current or prospective assignees or participants, in each case to the extent such assignees or participants agree to be bound by provisions substantially similar to the provisions of this Section 13.2911.16.
Appears in 1 contract
Samples: Inventory Loan and Security Agreement (Diamond Resorts Corp)
Non Public Information Confidentiality. (a) Lender acknowledges and agrees that it may receive material non-public information hereunder and under the other Inventory Loan Documents concerning the Borrower and its Affiliates and agrees to use such information in compliance with all applicable requirements of law (including United States Federal and state securities laws and regulation).
(b) Lender agrees to use all reasonable efforts to maintain the confidentiality of information obtained by it pursuant to any Inventory Loan Document and designated in writing by Borrower or any of its Affiliate(s), as the case may be, as confidential, except that such information may be disclosed (i) with such Person’s consent, (ii) to the extent such information presently is or hereafter becomes (A) publicly available other than as a result of a breach of this Section 13.29 20.20 or (B) available to Lender from a source (other than Borrower or any of its Affiliates) not known by them to be subject to disclosure restrictions, (iii) to the extent disclosure is required by applicable requirements of law or other legal process or requested or demanded by any Governmental Authoritygovernmental authority, and (iv) to current or prospective assignees or participants, in each case to the extent such assignees or participants agree to be bound by provisions substantially similar to the provisions of this Section 13.2920.20.
Appears in 1 contract
Samples: Inventory Loan and Security Agreement (Diamond Resorts Corp)