Common use of Permitted Disclosure Clause in Contracts

Permitted Disclosure. We agree that you may disclose Confidential Information and those matters referred to in paragraph 1(b) above: (a) to members of the Participant Group and their officers, directors, employees, professional advisers and auditors to the extent necessary for the Permitted Purpose and to any auditors of members of the Participant Group if any person to whom the Confidential Information is to be given pursuant to this paragraph 2(a) is informed in writing of its confidential nature and that some or all of such Confidential Information may be price-sensitive information, except that there shall be no such requirement to so inform if the recipient is subject to professional obligations to maintain the confidentiality of the information or is otherwise bound by requirements of confidentiality in relation to the Confidential Information; (i) where requested or required by any court of competent jurisdiction or any competent judicial, governmental, supervisory or regulatory body, (ii) where required by the rules of any stock exchange on which the shares or other securities of any member of the Participant Group are listed or (iii) where required by the laws or regulations of any country with jurisdiction over the affairs of any member of the Participant Group provided that, prior to any disclosures under any of the preceding clauses you shall give, if legally permitted, advance written notice to us so that we may determine whether to seek to void such required disclosure or take any other remedy; (c) notwithstanding paragraphs 2(a) and 2(b) above, Confidential Information to such persons to whom, and on the same terms as, a Finance Party is permitted to disclose Confidential Information under the Agreement, as if such permissions were set out in full in this letter and as if references in those permissions to Finance Party were references to you; or (d) with the prior written consent of us and the Company.

Permitted Disclosure. We agree that you You may disclose Confidential Information and those matters referred to in paragraph 1(b) aboveInformation: (a) to members any member of the Participant Group and their Purchaser Group, its professional advisers, officers, directors, employees, professional advisers auditors and auditors other persons providing services to it (provided that such person is under a duty of confidentiality in relation to the Confidential Information, professional, contractual or otherwise, to you) to the extent necessary for the Permitted Purpose and to any auditors of members of the Participant Group Purpose, if any such person to whom the Confidential Information is to be given pursuant to this paragraph 2(a) is informed in writing of its confidential nature and that some or all of such Confidential Information may be price-sensitive information, except that there shall be no such requirement to so inform if the recipient is subject to professional obligations to maintain the confidentiality of the information or is otherwise bound by requirements of confidentiality in relation to the Confidential Information; (b) (i) where requested or required by any court of competent jurisdiction or any competent banking, taxation, judicial, governmental, supervisory supervisory, regulatory or regulatory equivalent body, (ii) where required by the rules of any stock exchange on which the shares or other securities of any member of the Participant Purchaser Group are listed or (iii) where required by the laws or regulations of any country with jurisdiction over the affairs of any member of the Participant Group provided that, prior to any disclosures under any of the preceding clauses you shall give, if legally permitted, advance written notice to us so that we may determine whether to seek to void such required disclosure or take any other remedyPurchaser Group; (c) to any person: (i) to (or through) whom you transfer (or may potentially transfer) all or any of the rights, benefits and obligations which you may acquire under the Facility Agreement; or (ii) with (or through) whom you enter into (or may potentially enter into) any sub-participation in relation to, or any other transaction under which payments are to be made by reference to, the Facility, the Facility Agreement and/or one or more of the other Finance Documents or the Borrower, provided that such person has delivered to you (with a copy to the Company) a letter in equivalent form to this letter; and (d) notwithstanding paragraphs 2(a(a) and 2(bto (c) above, Confidential Information to such persons to whom, and on the same terms as, a Finance Party is permitted to disclose Confidential Information under the Facility Agreement, as if such permissions were set out in full in this letter and as if references in those permissions to a Finance Party were references to you; or (d) with the prior written consent of us and the Company.

Permitted Disclosure. We You agree that you we may disclose Confidential Information and those matters referred to in paragraph 1(b) abovedisclose: (a) to members any of the Participant Group our Affiliates and any of our or their officers, directors, employees, professional advisers and auditors to the extent necessary for the Permitted Purpose and to any auditors of members of the Participant Group such Confidential Information as we shall consider appropriate if any person to whom the Confidential Information is to be given pursuant to this paragraph 2(a) 2.1 is informed in writing of its confidential nature and that some or all of such Confidential Information may be price-sensitive information, except that there shall be no such requirement to so inform if the recipient is subject to professional obligations to maintain the confidentiality of the information or is otherwise bound by requirements of confidentiality in relation to the Confidential Information; (b) subject to the requirements of the Agreement, to any person: (i) where requested to (or required by any court of competent jurisdiction through) whom we assign or transfer (or may potentially assign or transfer) all or any competent judicial, governmental, supervisory or regulatory body, of our rights and/or obligations which we may acquire under the Agreement such Confidential Information as we shall consider appropriate if the person to whom the Confidential Information is to be given pursuant to this sub-paragraph (i) of paragraph (a) has delivered a letter to us in equivalent form to this letter; (ii) where with (or through) whom we enter into (or may potentially enter into) any sub-participation in relation to, or any other transaction under which payments are to be made or may be made by reference to the Agreement or any Obligor such Confidential Information as we shall consider appropriate if the person to whom the Confidential Information is to be given pursuant to this sub-paragraph (ii) of paragraph (a) has delivered a letter to us in equivalent form to this letter; (iii) to whom information is required or requested to be disclosed by any governmental, banking, taxation or other regulatory authority or similar body, the rules of any relevant stock exchange on which the shares or other securities of any member of the Participant Group are listed or (iii) where required by the laws or regulations of any country with jurisdiction over the affairs of any member of the Participant Group provided that, prior pursuant to any disclosures under any of the preceding clauses you applicable law or regulation such Confidential Information as we shall give, if legally permitted, advance written notice to us so that we may determine whether to seek to void such required disclosure or take any other remedy;consider appropriate; and (c) notwithstanding paragraphs 2(a) and 2(b) above, Confidential Information to such persons to whom, and on the same terms as, a Finance Party is permitted to disclose Confidential Information under the Agreement, as if such permissions were set out in full in this letter and as if references in those permissions to Finance Party were references to you; or (d) with the prior written consent of us and the Companyus.

Permitted Disclosure. We agree that you may disclose Confidential Information and those matters referred to in paragraph 1(b) abovedisclose: (a) to members any of the Participant Group your Affiliates and any of your or their officers, directors, employees, professional advisers and auditors to the extent necessary for the Permitted Purpose and to any auditors of members of the Participant Group such Confidential Information as you shall consider appropriate if any person to whom the Confidential Information is to be given pursuant to this paragraph 2(a(a) is informed in writing of its confidential nature and that some or all of such Confidential Information may be price-sensitive information, except that there shall be no such requirement to so inform if the recipient is subject to professional obligations to maintain the confidentiality of the information or is otherwise bound by requirements of confidentiality in relation to the Confidential Information; (b) subject to the requirements of the Agreement, to any person: (i) where requested to (or required by any court of competent jurisdiction through) whom you assign or transfer (or may potentially assign or transfer) all or any competent judicial, governmental, supervisory or regulatory body, of your rights and/or obligations which you may acquire under the Agreement such Confidential Information as you shall consider appropriate if the person to whom the Confidential Information is to be given pursuant to this sub-paragraph (i) of paragraph (b) has delivered a letter to you in equivalent form to this letter; (ii) where with (or through) whom you enter into (or may potentially enter into) any sub-participation in relation to, or any other transaction under which payments are to be made or may be made by reference to the Agreement or any Obligor such Confidential Information as you shall consider appropriate if the person to whom the Confidential Information is to be given pursuant to this sub-paragraph (ii) of paragraph (b) has delivered a letter to you in equivalent form to this letter; (iii) to whom information is required or requested to be disclosed by any governmental, banking, taxation or other regulatory authority or similar body, the rules of any relevant stock exchange on which the shares or other securities of any member of the Participant Group are listed or (iii) where required by the laws or regulations of any country with jurisdiction over the affairs of any member of the Participant Group provided that, prior pursuant to any disclosures under any of the preceding clauses applicable law or regulation such Confidential Information as you shall give, if legally permitted, advance written notice to us so that we may determine whether to seek to void such required disclosure or take any other remedy;consider appropriate; and (c) notwithstanding paragraphs 2(a(a) and 2(b(b) above, Confidential Information to such persons to whom, and on the same terms as, a Finance Party is permitted to disclose Confidential Information under the Agreement, as if such permissions were set out in full in this letter and as if references in those permissions to Finance Party were references to you; or (d) with the prior written consent of us and the Company.

Permitted Disclosure. We agree that you may disclose Confidential Information and those matters referred to in paragraph 1(b) abovedisclose: (a) 2.1 to members any of the Participant Group your Affiliates and any of your or their officers, directors, employees, professional advisers and auditors to the extent necessary for the Permitted Purpose and to any auditors of members of the Participant Group such Confidential Information as you shall consider appropriate if any person to whom the Confidential Information is to be given pursuant to this paragraph 2(a) 2.1 is informed in writing of its confidential nature and that some or all of such Confidential Information may be price-sensitive information, except that there shall be no such requirement to so inform if the recipient is subject to professional obligations to maintain the confidentiality of the information or is otherwise bound by requirements of confidentiality in relation to the Confidential Information; 2.2 subject to the requirements of the Agreement, to any person: (ia) where requested to (or required by any court of competent jurisdiction through) whom you assign or transfer (or may potentially assign or transfer) all or any competent judicial, governmental, supervisory or regulatory body, (ii) where required by of your rights and/or obligations which you may acquire under the rules of any stock exchange on which the shares or other securities of any member of the Participant Group are listed or (iii) where required by the laws or regulations of any country with jurisdiction over the affairs of any member of the Participant Group provided that, prior to any disclosures under any of the preceding clauses Agreement such Confidential Information as you shall giveconsider appropriate if the person to whom the Confidential Information is to be given pursuant to this sub-paragraph (a) of paragraph 2.2 has delivered a letter to you in equivalent form to this letter; (b) with (or through) whom you enter into (or may potentially enter into) any sub-participation in relation to, if legally permitted, advance written notice to us so that we may determine whether to seek to void such required disclosure or take any other remedytransaction under which payments are to be made or may be made by reference to the Agreement or any Obligor such Confidential Information as you shall consider appropriate if the person to whom the Confidential Information is to be given pursuant to this sub-paragraph (b) of paragraph 2.2 has delivered a letter to you in equivalent form to this letter; (c) to whom information is required or requested to be disclosed by any governmental, banking, taxation or other regulatory authority or similar body, the rules of any relevant stock exchange or pursuant to any applicable law or regulation such Confidential Information as you shall consider appropriate; and 2.3 notwithstanding paragraphs 2(a) 2.1 and 2(b) 2.2 above, Confidential Information to such persons to whom, and on the same terms as, a Finance Party is permitted to disclose Confidential Information under the Agreement, as if such permissions were set out in full in this letter and as if references in those permissions to Finance Party were references to you; or (d) with the prior written consent of us and the Company.

Permitted Disclosure. We agree that you may disclose Confidential Information and those matters referred to in paragraph 1(b) abovedisclose: (a) 2.1 to members any of the Participant Group your Affiliates and any of your or their officers, directors, employees, professional advisers and auditors to the extent necessary for the Permitted Purpose and to any auditors of members of the Participant Group such Confidential Information as you shall consider appropriate if any person to whom the Confidential Information is to be given pursuant to this paragraph 2(a) 2.1 is informed in writing of its confidential nature and that some or all of such Confidential Information may be price-sensitive information, except that there shall be no such requirement to so inform if the recipient is subject to professional obligations to maintain the confidentiality of the information or is otherwise bound by requirements of confidentiality in relation to the Confidential Information; 2.2 subject to the requirements of the Agreement, to any person: (iA) where to (or through) whom you assign or transfer (or may potentially assign or transfer) all or any of your rights and/or obligations which you may acquire under the Agreement such Confidential Information as you shall consider appropriate if the person to whom the Confidential Information is to be given pursuant to this sub-paragraph (A) of paragraph 2.2 has delivered a letter to you in equivalent form to this letter; (B) with (or through) whom you enter into (or may potentially enter into) any sub-participation in relation to, or any other transaction under which payments are to be made or may be made by reference to the Agreement or the Company such Confidential Information as you shall consider appropriate if the person to whom the Confidential Information is to be given pursuant to this sub-paragraph (B) of paragraph 2.2 has delivered a letter to you in equivalent form to this letter; (C) to whom information is required or requested or required to be disclosed by any court of competent jurisdiction or any competent judicial, governmental, supervisory banking, taxation or other regulatory authority or similar body, (ii) where required by the rules of any relevant stock exchange on which the shares or other securities of any member of the Participant Group are listed or (iii) where required by the laws or regulations of any country with jurisdiction over the affairs of any member of the Participant Group provided that, prior pursuant to any disclosures under any of the preceding clauses applicable law or regulation such Confidential Information as you shall give, if legally permitted, advance written notice to us so that we may determine whether to seek to void such required disclosure or take any other remedy;consider appropriate; and (c) 2.3 notwithstanding paragraphs 2(a) 2.1 and 2(b) 2.2 above, Confidential Information to such persons to whom, and on the same terms as, a Finance Party is permitted to disclose Confidential Information under the Agreement, as if such permissions were set out in full in this letter and as if references in those permissions to Finance Party were references to you; or (d) with the prior written consent of us and the Companyyou16.

Permitted Disclosure. We agree Each Party agrees that you may disclose its use of the Confidential Information and those matters referred to in paragraph 1(b) above: (a) to members of the Participant Group and their officers, directors, employees, professional advisers and auditors to the extent necessary other Party will be solely for the Permitted Purpose Purposes and that such information will be kept confidential and disclosed to any auditors of members of the Participant Group if any person to whom the no other Person; provided, that each Party may disclose, or may permit disclosure of, Confidential Information is (i) to be given pursuant its respective auditors, attorneys, financial advisors, bankers and other appropriate consultants and advisors who have a need to this paragraph 2(a) is informed in writing of its confidential nature and that some or all of know such Confidential Information may be price-sensitive informationin furtherance of effecting the Permitted Purposes, except that there shall be no such requirement to so inform if the recipient is subject to professional obligations to maintain the confidentiality who have been informed of the confidential nature of such information or is otherwise bound by requirements and who have been directed, and who shall have agreed, to treat such information confidentially and to use such information only for the Permitted Purposes and in respect of confidentiality in relation whose failure to the Confidential Information; (i) where requested or required by any court of competent jurisdiction or any competent judicialcomply with such obligations, governmental, supervisory or regulatory bodysuch Party will be responsible, (ii) where required if such Party or any of the members of such Party’s respective Group is compelled to disclose any such information by judicial or administrative process or, in the rules opinion of independent legal counsel, by other requirements of Applicable Law, (iii) if any stock exchange on which such information is or becomes generally available to the shares public other than as a result of a disclosure in violation of this Agreement or other securities of (iv) if such information was or becomes available to either Party or any member of its respective Group on a non-confidential basis and from a source (other than the Participant Group are listed other Party or any Affiliate, director, officer, employee, agent, consultant, advisor and other representative of such Party) that is not known after actual inquiry to be bound by a confidentiality obligation. Notwithstanding the foregoing, in the event that any demand or request for disclosure of Confidential Information is made pursuant to clause (iii) where required by the laws or regulations of any country with jurisdiction over the affairs of any member of the Participant Group provided that, prior to any disclosures under any of the preceding clauses you shall give, if legally permitted, advance written notice to us so that we may determine whether to seek to void such required disclosure or take any other remedy; (c) notwithstanding paragraphs 2(a) and 2(bii) above, the first Party shall promptly notify the other of the existence of such request or demand and shall provide the other a reasonable opportunity to seek an appropriate confidentiality agreement, protective order or other remedy at the reasonable cost and expense of the disclosing party and which both Parties will cooperate in obtaining. In the event that such appropriate protective order or other remedy is not obtained, the Party whose Confidential Information is required to such persons be disclosed shall, or shall cause to whombe, and on furnished, only that portion of the same terms as, a Finance Party is permitted to disclose Confidential Information under the Agreement, as if such permissions were set out in full in this letter and as if references in those permissions that is legally required to Finance Party were references to you; or (d) with the prior written consent of us and the Companybe disclosed.

Permitted Disclosure. We agree that you may disclose Confidential Information and those matters referred to in paragraph 1(b) abovedisclose: (a) 2.1 to members any of the Participant Group your Affiliates and any of your or their officers, directors, employees, professional advisers and auditors to the extent necessary for the Permitted Purpose and to any auditors of members of the Participant Group such Confidential Information as you shall consider appropriate if any person to whom the Confidential Information is to be given pursuant to this paragraph 2(a) 2.1 is informed in writing of its confidential nature and that some or all of such Confidential Information may be price-sensitive information, except that there shall be no such requirement to so inform if the recipient is subject to professional obligations to maintain the confidentiality of the information or is otherwise bound by requirements of confidentiality in relation to the Confidential Information; 2.2 subject to the requirements of the Agreement, to any person: (ia) where requested to (or required by any court of competent jurisdiction through) whom you assign or transfer (or may potentially assign or transfer) all or any competent judicial, governmental, supervisory or regulatory body, (ii) where required by of your rights and/or obligations which you may acquire under the rules of any stock exchange on which the shares or other securities of any member of the Participant Group are listed or (iii) where required by the laws or regulations of any country with jurisdiction over the affairs of any member of the Participant Group provided that, prior to any disclosures under any of the preceding clauses Agreement such Confidential Information as you shall giveconsider appropriate if the person to whom the Confidential Information is to be given pursuant to this sub-paragraph (a) of paragraph 2.2 has delivered a letter to you in equivalent form to this letter; (b) with (or through) whom you enter into (or may potentially enter into) any sub-participation in relation to, if legally permitted, advance written notice to us so that we may determine whether to seek to void such required disclosure or take any other remedytransaction under which payments are to be made or may be made by reference to the Agreement or any Obligor such Confidential Information as you shall consider appropriate if the person to whom the Confidential Information is to be given pursuant to this sub-paragraph (b) of paragraph 2.2 has delivered a letter to you in equivalent form to this letter; (c) to whom information is required or requested to be disclosed by any governmental, banking, taxation or other regulatory authority or similar body, the rules of any relevant stock exchange or pursuant to any applicable law or regulation such Confidential Information as you shall consider appropriate; and 2.3 notwithstanding paragraphs 2(a) 2.1 and 2(b) 2.2. above, Confidential Information to such persons to whom, and on the same terms as, a Finance Party is permitted to disclose Confidential Information under the Agreement, as if such permissions were set out in full in this letter and as if references in those permissions to Finance Party were references to you; or (d) with the prior written consent of us and the Company.

Permitted Disclosure. We agree that you may disclose Confidential Information and those matters referred to in paragraph 1(b) abovedisclose: (a) 2.1 to members any of the Participant Group your Affiliates and any of your or their officers, directors, employees, professional advisers and auditors to the extent necessary for the Permitted Purpose and to any auditors of members of the Participant Group such Confidential Information as you shall consider appropriate if any person to whom the Confidential Information is to be given pursuant to this paragraph 2(a) 2.1 is informed in writing of its confidential nature and that some or all of such Confidential Information may be price-sensitive information, except that there shall be no such requirement to so inform if the recipient is subject to professional obligations to maintain the confidentiality of the information or is otherwise bound by requirements of confidentiality in relation to the Confidential Information; 2.2 subject to the requirements of the Agreement, to any person: (ia) where requested to (or required by any court of competent jurisdiction through) whom you assign or transfer (or may potentially assign or transfer) all or any competent judicial, governmental, supervisory or regulatory body, (ii) where required by of your rights and/or obligations which you may acquire under the rules of any stock exchange on which the shares or other securities of any member of the Participant Group are listed or (iii) where required by the laws or regulations of any country with jurisdiction over the affairs of any member of the Participant Group provided that, prior to any disclosures under any of the preceding clauses Agreement such Confidential Information as you shall giveconsider appropriate if the person to whom the Confidential Information is to be given pursuant to this sub-paragraph (a) of paragraph 2.2 has delivered a letter to you in equivalent form to this letter; (b) with (or through) whom you enter into (or may potentially enter into) any sub- participation in relation to, if legally permitted, advance written notice to us so that we may determine whether to seek to void such required disclosure or take any other remedytransaction under which payments are to be made or may be made by reference to the Agreement or any Obligor such Confidential Information as you shall consider appropriate if the person to whom the Confidential Information is to be given pursuant to this sub-paragraph (b) of paragraph 2.2 has delivered a letter to you in equivalent form to this letter; (c) to whom information is required or requested to be disclosed by any governmental, banking, taxation or other regulatory authority or similar body, the rules of any relevant stock exchange or pursuant to any applicable law or regulation such Confidential Information as you shall consider appropriate; and 2.3 notwithstanding paragraphs 2(a) 2.1 and 2(b) 2.2. above, Confidential Information to such persons to whom, and on the same terms as, a Finance Party is permitted to disclose Confidential Information under the Agreement, as if such permissions were set out in full in this letter and as if references in those permissions to Finance Party were references to you; or (d) with the prior written consent of us and the Company.

Permitted Disclosure. We You agree that you we may disclose Confidential Information and those matters referred to in paragraph 1(b) abovedisclose: (a) 2.1 to members any of the Participant Group our Affiliates and any of our or their officers, directors, employees, professional advisers and auditors to the extent necessary for the Permitted Purpose and to any auditors of members of the Participant Group such Confidential Information as we shall consider appropriate if any person to whom the Confidential Information is to be given pursuant to this paragraph 2(a) 2.1 is informed in writing of its confidential nature and that some or all of such Confidential Information may be price-sensitive information, except that there shall be no such requirement to so inform if the recipient is subject to professional obligations to maintain the confidentiality of the information or is otherwise bound by requirements of confidentiality in relation to the Confidential Information; 2.2 subject to the requirements of the Agreement, to any person: (ia) where requested to (or required by any court of competent jurisdiction through) whom we assign or transfer (or may potentially assign or transfer) all or any competent judicial, governmental, supervisory or regulatory body, of our rights and/or obligations which we may acquire under the Agreement such Confidential Information as we shall consider appropriate if the person to whom the Confidential Information is to be given pursuant to this sub-paragraph (iia) where required by the rules of any stock exchange on which the shares or other securities of any member of the Participant Group are listed or (iii) where required by the laws or regulations of any country with jurisdiction over the affairs of any member of the Participant Group provided that, prior to any disclosures under any of the preceding clauses you shall give, if legally permitted, advance written notice paragraph 2.2 has delivered a letter to us so that in equivalent form to this letter; (b) with (or through) whom we enter into (or may determine whether to seek to void such required disclosure potentially enter into) any sub-participation in relation to, or take any other remedytransaction under which payments are to be made or may be made by reference to the Agreement or any Obligor such Confidential Information as we shall consider appropriate if the person to whom the Confidential Information is to be given pursuant to this sub-paragraph (b) of paragraph 2.2 has delivered a letter to us in equivalent form to this letter; (c) to whom information is required or requested to be disclosed by any governmental, banking, taxation or other regulatory authority or similar body, the rules of any relevant stock exchange or pursuant to any applicable law or regulation such Confidential Information as we shall consider appropriate; and 2.3 notwithstanding paragraphs 2(a) 2.1 and 2(b) 2.2. above, Confidential Information to such persons to whom, and on the same terms as, a Finance Party is permitted to disclose Confidential Information under the Agreement, as if such permissions were set out in full in this letter and as if references in those permissions to Finance Party were references to you; or (d) with the prior written consent of us and the Companyus.

Permitted Disclosure. We agree that you may disclose Confidential Information and those matters referred to in paragraph 1(b) abovedisclose: (a) 2.1 to members any of the Participant Group your Affiliates and any of your or their officers, directors, employees, professional advisers and auditors to the extent necessary for the Permitted Purpose and to any auditors of members of the Participant Group such Confidential Information as you shall consider appropriate if any person to whom the Confidential Information is to be given pursuant to this paragraph 2(a) 2.1 is informed in writing of its confidential nature and that some or all of such Confidential Information may be price-price sensitive information, except that there shall be no such requirement to so inform if the recipient is subject to professional obligations to maintain the confidentiality of the information or is otherwise bound by requirements of confidentiality in relation to the Confidential Information; 2.2 subject to the requirements of the Agreement, to any person: (iA) where to (or through) whom you assign or transfer (or may potentially assign or transfer) all or any of your rights and/or obligations which you may acquire under the Agreement such Confidential Information as you shall consider appropriate if the person to whom the Confidential Information is to be given pursuant to this sub paragraph (A) of paragraph 2.2 has delivered a letter to you in equivalent form to this letter; (B) with (or through) whom you enter into (or may potentially enter into) any sub participation in relation to, or any other transaction under which payments are to be made or may be made by reference to the Agreement or the Borrower such Confidential Information as you shall consider appropriate if the person to whom the Confidential Information is to be given pursuant to this sub paragraph (B) of paragraph 2.2 has delivered a letter to you in equivalent form to this letter; (C) to whom information is required or requested or required to be disclosed by any court of competent jurisdiction or any competent judicial, governmental, supervisory banking, taxation or other regulatory authority or similar body, (ii) where required by the rules of any relevant stock exchange on which the shares or other securities of any member of the Participant Group are listed or (iii) where required by the laws or regulations of any country with jurisdiction over the affairs of any member of the Participant Group provided that, prior pursuant to any disclosures under any of the preceding clauses applicable law or regulation such Confidential Information as you shall give, if legally permitted, advance written notice to us so that we may determine whether to seek to void such required disclosure or take any other remedy;consider appropriate; and (c) 2.3 notwithstanding paragraphs 2(a) [***] and 2(b) [***] above, Confidential Information to such persons to whom, and on the same terms as, a Finance Party is permitted to disclose Confidential Information under the Agreement, as if such permissions were set out in full in this letter and as if references in those permissions to Finance Party were references to you; or (d) with the prior written consent of us and the Company.

Permitted Disclosure. We agree that you may disclose Confidential Information and those matters referred to in paragraph 1(b) abovedisclose: (a) 2.1 to members any of the Participant Group your Affiliates and any of your or their officers, directors, employees, professional advisers and auditors to the extent necessary for the Permitted Purpose and to any auditors of members of the Participant Group such Confidential Information as you shall consider appropriate if any person Person to whom the Confidential Information is to be given pursuant to this paragraph 2(a) 2.1 is informed in writing of its confidential nature and that some or all of such Confidential Information may be price-sensitive information, except that there shall be no such requirement to so inform if the recipient is subject to professional obligations to maintain the confidentiality of the information or is otherwise bound by requirements of confidentiality in relation to the Confidential Information; 2.2 subject to the requirements of the Agreement, to any Person: (ia) where requested to (or required by any court of competent jurisdiction through) whom you assign or transfer (or may potentially assign or transfer) all or any competent judicial, governmental, supervisory or regulatory body, (ii) where required by of your rights and/or obligations which you may acquire under the rules of any stock exchange on which the shares or other securities of any member of the Participant Group are listed or (iii) where required by the laws or regulations of any country with jurisdiction over the affairs of any member of the Participant Group provided that, prior to any disclosures under any of the preceding clauses Agreement such Confidential Information as you shall giveconsider appropriate if the Person to whom the Confidential Information is to be given pursuant to this sub-paragraph (a) of paragraph 2.2 has delivered a letter to you in equivalent form to this letter; (b) with (or through) whom you enter into (or may potentially enter into) any sub-participation in relation to, if legally permitted, advance written notice to us so that we may determine whether to seek to void such required disclosure or take any other remedytransaction under which payments are to be made or may be made by reference to the Agreement or any Obligor such Confidential Information as you shall consider appropriate if the Person to whom the Confidential Information is to be given pursuant to this sub-paragraph (b) of paragraph 2.2 has delivered a letter to you in equivalent form to this letter; (c) to whom information is required or requested to be disclosed by any governmental, banking, taxation or other regulatory authority or similar body, the rules of any relevant stock exchange or pursuant to any applicable law or regulation such Confidential Information as you shall consider appropriate; and 2.3 notwithstanding paragraphs 2(a) 2.1 and 2(b) 2.2. above, Confidential Information to such persons Persons to whom, and on the same terms as, a Finance Secured Party is permitted to disclose Confidential Information under the Agreement, as if such permissions were set out in full in this letter and as if references in those permissions to Finance Secured Party were references to you; or (d) with the prior written consent of us and the Company.

Permitted Disclosure. We agree that you Either Party may disclose relevant aspects of the other’s Confidential Information to the general and those matters referred to in paragraph 1(b) above: (a) to members of the Participant Group and their limited partners, officers, directors, professional advisors (including accountants and insurers), clients, employees, professional advisers distribution partners, agents, customers (including their beneficiaries), suppliers, contractors, other third parties doing business with such Party, third party administrators and, in the case of NAIC, recipients of NAIC Group’s services, either directly or indirectly, such as employees of NAIC Group customers, plan participants, members, dependents, beneficiaries and auditors similarly situated persons to the extent such disclosure is necessary for the Permitted Purpose and current or future performance of their obligations to any auditors of members of the Participant Group if any person to whom the Confidential Information is to be given pursuant to this paragraph 2(a) is informed in writing of its confidential nature and such Party; provided, however, that some or all of such Confidential Information may be price-sensitive information, except that there shall be no such requirement to so inform if the recipient is subject to professional confidentiality obligations at least as stringent as required under this Agreement. In addition, (1) either Party may disclose Confidential Information of the other Party to maintain the confidentiality extent required to comply with any Law (provided, however, that to the extent permissible by Law, such Party provides the other Party with prior notice of any such disclosure and works with the other Party to resist or limit the scope of such disclosure and further provided that the disclosing Party limit any such disclosure to the information or is otherwise bound by requirements of confidentiality in relation records required to satisfy the request or inquiry and to the Confidential Information; entity (ior entities) where requested or to whom such disclosure is required by any court of competent jurisdiction or any competent judicial, governmental, supervisory or regulatory bodyto be made), (ii2) where required by the rules of any stock exchange on which the shares or other securities of any member of the Participant NAIC Group are listed or (iii) where required by the laws or regulations of any country with jurisdiction over the affairs of any member of the Participant Group provided that, prior to any disclosures under any of the preceding clauses you shall give, if legally permitted, advance written notice to us so that we may determine whether to seek to void such required disclosure or take any other remedy; (c) notwithstanding paragraphs 2(a) and 2(b) above, Confidential Information to such persons to whom, and on the same terms as, a Finance Party is permitted to disclose Confidential Information under of Cognizant Group to Governmental Authorities having jurisdiction over NAIC Group and (3) NAIC Group may disclose Confidential Information relating to the AgreementServices in connection with (a) a response by NAIC Group to requests for information, as if such permissions were set out proposal or due diligence in full connection with an acquisition, divestiture or other similar corporate transaction or (b) a request for information or proposal for services to replace the Services; provided, however, that in no event may NAIC Group disclose the legal terms and conditions in this letter and as if references MSA, Cognizant IP, Cognizant Group’s internal cost information, or Cognizant rate cards in those permissions to Finance Party were references to you; or (d) connection with the prior written consent of us and the Companysuch request or proposal.

Permitted Disclosure. We agree that you Notwithstanding clause 22.1, either Party may disclose Confidential Information and those matters referred to such information or documents without obtaining the other Party’s prior consent in paragraph 1(b) abovethese situations: (a) accountants, auditors, other professional consultants, advisors or underwriters, provided such disclosure is solely to members assist the purpose for which the aforesaid were so engaged; provided, further, that such Persons agree to hold such information or documents under terms of confidentiality equivalent to clause 22.1 and this clause 22.2 and for the benefit of the Participant Group Parties; (b) Financial Lender and their officers, directors, employees, professional advisers and auditors other providers or prospective providers of finance to the extent necessary for the Permitted Purpose and to any auditors of members of the Participant Group if any person to whom the Confidential Information is to be given pursuant to this paragraph 2(a) is informed in writing of its confidential nature and that some or all of such Confidential Information may be price-sensitive information, except that there shall be no such requirement to so inform if the recipient is subject to professional obligations to maintain the confidentiality of the information or is otherwise bound by requirements of confidentiality Terminal Operator in relation to the Confidential InformationTerminal; provided however, that such Persons agree to hold such information or documents confidential for the benefit of the Parties for a period of at least three (3) years; (ic) where requested bona fide prospective purchasers of all or a part of a Party’s or its Affiliate’s business and bona fide prospective assignees of all or part of a Party’s interest in this Agreement; provided, however, that such Persons agree to hold such information or documents under terms of confidentiality equivalent to clause 22.1 and this clause 22.2 and for the benefit of the Parties; (d) to legal counsel, provided such disclosure is solely to assist the purpose for which such legal counsel was so engaged; (e) if required by any court of competent jurisdiction law or any competent judicialApplicable Law, governmentalor if requested by a Governmental Authority and/or RAE having or asserting jurisdiction over a Party and having or asserting authority to require such disclosure in accordance with that authority (including in connection with resolving a Dispute), supervisory or regulatory body, (ii) where required by under the rules of any recognised stock exchange on or regulatory agency established in connection therewith; provided, however, that if the other Party reasonably considers a portion of this Agreement to be commercially sensitive, then the disclosing Party shall use its reasonable endeavours to ensure that such Governmental Authority and/or RAE agrees to hold such information or documents of this Agreement which the shares or other securities under terms of any member of the Participant Group are listed or (iii) where required by the laws or regulations of any country with jurisdiction over the affairs of any member of the Participant Group provided that, prior confidentiality equivalent to any disclosures under any of the preceding clauses you shall give, if legally permitted, advance written notice to us so that we may determine whether to seek to void such required disclosure or take any other remedy; (c) notwithstanding paragraphs 2(a) clause 22.1 and 2(b) above, Confidential Information to such persons to whom, and on the same terms as, a Finance Party is permitted to disclose Confidential Information under the Agreement, as if such permissions were set out in full in this letter and as if references in those permissions to Finance Party were references to you; or (d) with the prior written consent of us and the Company.clause

Permitted Disclosure. We You agree that you we may disclose Confidential Information to any of our Affiliates and those matters referred to in paragraph 1(b) above: (a) to members any of the Participant Group and our or their officers, directors, employees, professional advisers and auditors to the extent necessary for the Permitted Purpose and to any auditors of members of the Participant Group such Confidential Information as we shall consider appropriate if any person to whom the Confidential Information is to be given pursuant to this paragraph 2(a) 2.1 is informed in writing of its confidential nature and that some or all of such Confidential Information may be price-sensitive information, except that there shall be no such requirement to so inform if the recipient is subject to professional obligations to maintain the confidentiality of the information or is otherwise bound by requirements of confidentiality in relation to the Confidential Information; 2.1 subject to the requirements of the Agreement, to any person: (ia) where requested to (or required by any court of competent jurisdiction through) whom we assign or transfer (or may potentially assign or transfer) all or any competent judicial, governmental, supervisory or regulatory body, of our rights and/or obligations which we may acquire under the Agreement such Confidential Information as we shall consider appropriate if the person to whom the Confidential Information is to be given pursuant to this sub-paragraph (iia) where required by the rules of any stock exchange on which the shares or other securities of any member of the Participant Group are listed or (iii) where required by the laws or regulations of any country with jurisdiction over the affairs of any member of the Participant Group provided that, prior to any disclosures under any of the preceding clauses you shall give, if legally permitted, advance written notice paragraph 2.2 has delivered a letter to us so that in equivalent form to this letter; (b) with (or through) whom we enter into (or may determine whether to seek to void such required disclosure potentially enter into) any sub-participation in relation to, or take any other remedytransaction under which payments are to be made or may be made by reference to the Agreement or any Obligor such Confidential Information as we shall consider appropriate if the person to whom the Confidential Information is to be given pursuant to this sub-paragraph (b) of paragraph 2.2 has delivered a letter to us in equivalent form to this letter; (c) to whom information is required or requested to be disclosed by any governmental, banking, taxation or other regulatory authority or similar body, the rules of any relevant stock exchange or pursuant to any applicable law or regulation such Confidential Information as we shall consider appropriate; and 2.2 notwithstanding paragraphs 2(a) 2.1 and 2(b) 2.2. above, Confidential Information to such persons to whom, and on the same terms as, a Finance Party is permitted to disclose Confidential Information under the Agreement, as if such permissions were set out in full in this letter and as if references in those permissions to Finance Party were references to you; or (d) with the prior written consent of us and the Companyus.

Permitted Disclosure. We You agree that you we may disclose Confidential Information and those matters referred to in paragraph 1(b) abovedisclose: (a) 2.1 to members any of the Participant Group our Affiliates and any of our or their officers, directors, employees, professional advisers and auditors to the extent necessary for the Permitted Purpose and to any auditors of members of the Participant Group such Confidential Information as we shall consider appropriate if any person to whom the Confidential Information is to be given pursuant to this paragraph 2(a) 2.1 is informed in writing of its confidential nature and that some or all of such Confidential Information may be price-sensitive information, except that there shall be no such requirement to so inform if the recipient is subject to professional obligations to maintain the confidentiality of the information or is otherwise bound by requirements of confidentiality in relation to the Confidential Information; 2.2 subject to the requirements of the Financing Agreement, to any person: (ia) where requested to (or required by any court of competent jurisdiction through) whom we assign or transfer (or may potentially assign or transfer) all or any competent judicial, governmental, supervisory or regulatory body, (ii) where required by the rules of any stock exchange on our rights and/or obligations which the shares or other securities of any member of the Participant Group are listed or (iii) where required by the laws or regulations of any country with jurisdiction over the affairs of any member of the Participant Group provided that, prior to any disclosures under any of the preceding clauses you shall give, if legally permitted, advance written notice to us so that we may determine whether acquire under the Financing Agreement such Confidential Information as we shall consider appropriate if the person to seek whom the Confidential Information is to void such required disclosure be given pursuant to this sub-paragraph (a) of paragraph 2.2 has delivered a letter to you materially in equivalent form to this letter; (b) with (or take through) whom we enter into (or may potentially enter into) any sub-participation in relation to, or any other remedytransaction under which payments are to be made or may be made by reference to the Financing Agreement in relation to that Acquisition or any Obligor such Confidential Information as we shall consider appropriate if the person to whom the Confidential Information is to be given pursuant to this sub-paragraph (b) of paragraph 2.2 has delivered a letter to you in materially equivalent form to this letter; (c) to whom information is required or requested to be disclosed by any governmental, banking, taxation or other regulatory authority or similar body, the rules of any recognised stock exchange or pursuant to any applicable law or regulation such Confidential Information as we shall consider appropriate; and 2.3 notwithstanding paragraphs 2(a) 2.1 and 2(b) 2.2. above, Confidential Information to such persons to whom, and on the same terms as, a Finance Party is permitted to disclose Confidential Information under the AgreementFinancing Agreement to which that Acquisition relates, as if such permissions were set out in full in this letter and as if references in those permissions to Finance Party were references to you; or (d) with us for the prior written consent purposes of us and the Companythat Acquisition.

Permitted Disclosure. We agree that you Notwithstanding clause 22.1, either Party may disclose Confidential Information and those matters referred to such information or documents without obtaining the other Party’s prior consent in paragraph 1(b) abovethese situations: (a) accountants, auditors, other professional consultants, advisors or underwriters, provided such disclosure is solely to members assist the purpose for which the aforesaid were so engaged; and provided further, that such Persons agree to hold such information or documents under terms of confidentiality equivalent to clause 22.1 and this clause 22.2 and for the benefit of the Participant Group Parties; (b) Financial Lender and their officers, directors, employees, professional advisers and auditors other providers or prospective providers of finance to the extent necessary for the Permitted Purpose and to any auditors of members of the Participant Group if any person to whom the Confidential Information is to be given pursuant to this paragraph 2(a) is informed in writing of its confidential nature and that some or all of such Confidential Information may be price-sensitive information, except that there shall be no such requirement to so inform if the recipient is subject to professional obligations to maintain the confidentiality of the information or is otherwise bound by requirements of confidentiality Terminal Operator in relation to the Confidential InformationTerminal; provided however, that such Persons agree to hold such information or documents confidential for the benefit of the Parties for a period of at least three (3) years; (ic) where requested bona fide prospective purchasers of all or a part of a Party’s or its Affiliate’s business and bona fide prospective assignees of all or part of a Party’s interest in this Agreement; provided, however, that such Persons agree to hold such information or documents under terms of confidentiality equivalent to clause 22.1 and this clause 22.2 and for the benefit of the Parties; (d) to legal counsel, provided such disclosure is solely to assist the purpose for which such legal counsel was so engaged; (e) if required by any court of competent jurisdiction law or any competent judicialApplicable Law, governmentalor if requested by a Governmental Authority and/or RAE having or asserting jurisdiction over a Party and having or asserting authority to require such disclosure in accordance with that authority (including in connection with resolving a Dispute), supervisory or regulatory body, (ii) where required by under the rules of any recognised stock exchange on or regulatory agency established in connection therewith; provided, however, that if the other Party reasonably considers a portion of this Agreement to be commercially sensitive, then the disclosing Party shall use its reasonable endeavours to ensure that such Governmental Authority and/or XXX agrees to hold such information or documents of this Agreement which the shares or other securities under terms of any member of the Participant Group are listed or (iii) where required by the laws or regulations of any country with jurisdiction over the affairs of any member of the Participant Group provided that, prior confidentiality equivalent to any disclosures under any of the preceding clauses you shall give, if legally permitted, advance written notice to us so that we may determine whether to seek to void such required disclosure or take any other remedy; (c) notwithstanding paragraphs 2(a) clause 22.1 and 2(b) above, Confidential Information to such persons to whom, and on the same terms as, a Finance Party is permitted to disclose Confidential Information under the Agreement, as if such permissions were set out in full in this letter and as if references in those permissions to Finance Party were references to you; or (d) with the prior written consent of us and the Company.clause

Permitted Disclosure. We You agree that you we may disclose Confidential Information and those matters referred to in paragraph 1(b) abovedisclose: (a) to members any of the Participant Group our Affiliates and any of our or their officers, directors, employees, professional advisers and auditors to the extent necessary for the Permitted Purpose and to any auditors of members of the Participant Group such Confidential Information as we shall consider appropriate if any person to whom the Confidential Information is to be given pursuant to this paragraph 2(a) is informed in writing of its confidential nature and that some or all of such Confidential Information may be price-sensitive information, except that there shall be no such requirement to so inform if the recipient is subject to professional obligations to maintain the confidentiality of the information or is otherwise bound by requirements of confidentiality in relation to the Confidential Information; (b) subject to the requirements of the Agreement, to any person: (i) where requested to (or required by any court of competent jurisdiction through) whom we assign or transfer (or may potentially assign or transfer) all or any competent judicial, governmental, supervisory or regulatory body, of our rights and/or obligations which we may acquire under the Agreement such Confidential Information as we shall consider appropriate if the person to whom the Confidential Information is to be given pursuant to this sub-paragraph (i) of paragraph 2(b) has delivered a letter to us in equivalent form to this letter; (ii) where with (or through) whom we enter into (or may potentially enter into) any sub-participation in relation to, or any other transaction under which payments are to be made or may be made by reference to the Agreement or any Obligor such Confidential Information as we shall consider appropriate if the person to whom the Confidential Information is to be given pursuant to this sub-paragraph (ii) of paragraph 2(b) has delivered a letter to us in equivalent form to this letter; (iii) to whom information is required or requested to be disclosed by any governmental, banking, taxation or other regulatory authority or similar body, the rules of any relevant stock exchange on which the shares or other securities of any member of the Participant Group are listed or (iii) where required by the laws or regulations of any country with jurisdiction over the affairs of any member of the Participant Group provided that, prior pursuant to any disclosures under any of the preceding clauses you applicable law or regulation such Confidential Information as we shall give, if legally permitted, advance written notice to us so that we may determine whether to seek to void such required disclosure or take any other remedy;consider appropriate; and (c) notwithstanding paragraphs 2(a) and 2(b) ). above, Confidential Information to such persons to whom, and on the same terms as, a Finance Party is permitted to disclose Confidential Information under the Agreement, as if such permissions were set out in full in this letter and as if references in those permissions to Finance Party were references to you; or (d) with the prior written consent of us and the Companyus.

Permitted Disclosure. We agree that you may disclose Confidential Information and those matters referred to in paragraph 1(b) aboveNotwithstanding the provisions of Clause 9.2: (a) any information which any Party is required to members submit to any Governmental Authority having jurisdiction over such Party may be so submitted; (b) any Party may disclose any information (in the case of (iv), (v) and (vi) after first having given notice in writing to the Participant Group and their officersother Party of any intended disclosure): (i) to any Affiliated Company or to any professional advisers, directors, employees, professional advisers and auditors or consultants (to the extent necessary required for the Permitted Purpose and to any auditors proper execution of members their work) of such Party provided that the Participant Group if relevant Party at all times procures that any person to whom any such information is disclosed at all times treats that information as confidential in accordance with the Confidential Information is provisions of this Clause 9; (ii) to be given pursuant to this paragraph 2(a) is informed in writing any bona fide intending transferee of its confidential nature and that some the whole or all a significant part of the issued share capital of such Confidential Information may be price-sensitive information, except that there shall be no such requirement Party or to so inform if the recipient is subject to professional obligations to maintain the confidentiality any bona fide assignee of the whole or any part of such Party's interest under this Agreement provided that the relevant Party at all times procures that any person to whom any such information is disclosed at all times treats that information as confidential in accordance with the provisions of this Clause 9; (iii) to any financier or bank or financial institution from whom such Party has obtained or is otherwise bound seeking finance or finance related services provided that the relevant Party at all times procures that any person to whom any such information is disclosed at all times treats that information as confidential in accordance with the provisions of this Clause 9; (iv) to the extent required by requirements of confidentiality law or in relation to the Confidential Informationany stock market regulations; (iv) where requested or required by any court of competent jurisdiction or any competent judicial, governmental, supervisory or regulatory body, (ii) where to the extent required by the rules order of any stock exchange on which the shares or other securities of any member of the Participant Group are listed or (iii) where required by the laws or regulations of any country with jurisdiction over the affairs of any member of the Participant Group provided that, prior to any disclosures under any of the preceding clauses you shall give, if legally permitted, advance written notice to us so that we may determine whether to seek to void such required disclosure or take any other remedycourt having competent jurisdiction; (cvi) notwithstanding paragraphs 2(ato any competent tax authority; (vii) and 2(bto any directors, officer or employee of the Party in question or to any person engaged in the provision of goods or services to or for such Party if disclosure is necessary or expedient to enable the Party in question to perform its obligations under this Agreement or to enforce its rights under this Agreement, provided that the relevant Party at all times procures that any person to whom any such information is disclosed at all times treats that information as confidential in accordance with the provisions of this Clause 11; (viii) above, Confidential Information to any Expert provided that such persons to whomExpert has entered into a confidentiality undertaking as provided for in clause 3.1 of the Expert Determination Agreement; (ix) in the course of, and on as required or reasonably necessary for the same terms aspurposes of, a Finance Party is permitted to disclose Confidential Information under the Agreement, as if such permissions were set out in full in this letter and as if references in those permissions to Finance Party were references to youany litigation or arbitration; orand/or (dx) with the prior written consent of us and the Companyto any Regulator.

Permitted Disclosure. We agree that you ​ You may disclose Confidential Information and those matters referred to in paragraph 1(b) above:Information: ​ (a) to members any member of the Participant Group and their Purchaser Group, its professional advisers, officers, directors, employees, professional advisers auditors and auditors other persons providing services to it (provided that such person is under a duty of confidentiality in relation to the Confidential Information, professional, contractual or otherwise, to you) to the extent necessary for the Permitted Purpose and to any auditors of members of the Participant Group Purpose, if any such person to whom the Confidential Information is to be given pursuant to this paragraph 2(a) is informed in writing of its confidential nature and that some or all of such Confidential ​ ​ ​ Information may be price-sensitive information, except that there shall be no such requirement to so inform if the recipient is subject to professional obligations to maintain the confidentiality of the information or is otherwise bound by requirements of confidentiality in relation to the Confidential Information;; ​ (b) (i) where requested or required by any court of competent jurisdiction or any competent banking, taxation, judicial, governmental, supervisory supervisory, regulatory or regulatory equivalent body, (ii) where required by the rules of any stock exchange on which the shares or other securities of any member of the Participant Purchaser Group are listed or (iii) where required by the laws or regulations of any country with jurisdiction over the affairs of any member of the Participant Group provided that, prior to any disclosures under any of the preceding clauses you shall give, if legally permitted, advance written notice to us so that we may determine whether to seek to void such required disclosure or take any other remedyPurchaser Group; (c) to any person: ​ (i) to (or through) whom you transfer (or may potentially transfer) all or any of the rights, benefits and obligations which you may acquire under the Facility Agreement; or (ii) with (or through) whom you enter into (or may potentially enter into) any sub-participation in relation to, or any other transaction under which payments are to be made by reference to, the Facility, the Facility Agreement and/or one or more of the other Finance Documents or the Obligors, ​ provided that such person has delivered to you (with a copy to the Company) a letter in equivalent form to this letter; and (d) notwithstanding paragraphs 2(a(a) and 2(bto (c) above, Confidential Information to such persons to whom, and on the same terms as, a Finance Party is permitted to disclose Confidential Information under the Facility Agreement, as if such permissions were set out in full in this letter and as if references in those permissions to a Finance Party were references to you; or (d) with the prior written consent of us and the Company.

Permitted Disclosure. We agree that you may disclose Confidential Information and those matters referred to in paragraph 1(b) abovedisclose: (a) to members any of the Participant Group your Affiliates and any of your or their officers, directors, employees, professional advisers and auditors to the extent necessary for the Permitted Purpose and to any auditors of members of the Participant Group such Confidential Information as you shall consider appropriate if any person to whom the Confidential Information is to be given pursuant to this sub-paragraph 2(a(a) is informed in writing of its confidential nature and that some or all of such Confidential Information may be price-sensitive information, except that there shall be no such requirement to so inform if the recipient is subject to professional obligations to maintain the confidentiality of the information or is otherwise bound by requirements of confidentiality in relation to the Confidential Information;; 93954-4-1-v3.0 -116- 70-40529536 (b) subject to the requirements of the Agreement, to any person: (i) where requested to (or required by any court of competent jurisdiction through) whom you assign or transfer (or may potentially assign or transfer) all or any competent judicial, governmental, supervisory or regulatory body, of your rights and/or obligations which you may acquire under the Agreement such Confidential Information as you shall consider appropriate if the person to whom the Confidential Information is to be given pursuant to this sub-paragraph (i) has delivered a letter to you in equivalent form to this letter; (ii) where with (or through) whom you enter into (or may potentially enter into) any sub-participation in relation to, or any other transaction under which payments are to be made or may be made by reference to the Agreement or any Obligor such Confidential Information as you shall consider appropriate if the person to whom the Confidential Information is to be given pursuant to this sub-paragraph (ii) has delivered a letter to you in equivalent form to this letter; (iii) to whom information is required or requested to be disclosed by any governmental, banking, taxation or other regulatory authority or similar body, the rules of any relevant stock exchange on which the shares or other securities of any member of the Participant Group are listed or (iii) where required by the laws or regulations of any country with jurisdiction over the affairs of any member of the Participant Group provided that, prior pursuant to any disclosures under any of the preceding clauses applicable law or regulation such Confidential Information as you shall give, if legally permitted, advance written notice to us so that we may determine whether to seek to void such required disclosure or take any other remedy;consider appropriate; and (c) notwithstanding sub-paragraphs 2(a(a) and 2(b(b) above, Confidential Information to such persons to whom, and on the same terms as, a Finance Party is permitted to disclose Confidential Information under the Agreement, as if such permissions were set out in full in this letter and as if references in those permissions to Finance Party were references to you; or (d) with the prior written consent of us and the Company.

Permitted Disclosure. We agree that you may disclose Confidential Information and those matters referred to in paragraph 1(b) abovedisclose: (a) 2.1. to members any of the Participant Group your Affiliates and any of your or their officers, directors, employees, professional advisers and auditors to the extent necessary for the Permitted Purpose and to any auditors of members of the Participant Group such Confidential Information as you shall consider appropriate if any person to whom the Confidential Information is to be given pursuant to this paragraph 2(a) clause 2.1 is informed in writing of its confidential nature and that some or all of such Confidential Information 140 may be price-sensitive information, except that there shall be no such requirement to so inform if the recipient is subject to professional obligations to maintain the confidentiality of the information or is otherwise bound by requirements of confidentiality in relation to the Confidential Information; 2.2. subject to the requirements of the Agreement, to any person: 2.2.1. to (ior through) where whom you assign or transfer (or may potentially assign or transfer) all or any of your rights and/or obligations which you may acquire under the Agreement such Confidential Information as you shall consider appropriate if the person to whom the Confidential Information is to be given pursuant to this clause 2.2.1 has delivered a letter to you in equivalent form to this letter; 2.2.2. with (or through) whom you enter into (or may potentially enter into) any sub-participation in relation to, or any other transaction under which payments are to be made or may be made by reference to the Agreement or any Obligor such Confidential Information as you shall consider appropriate if the person to whom the Confidential Information is to be given pursuant to this clause 2.2.2 has delivered a letter to you in equivalent form to this letter; 2.2.3. to whom information is required or requested or required to be disclosed by any court of competent jurisdiction or any competent judicial, governmental, supervisory banking, taxation or other regulatory authority or similar body, (ii) where required by the rules of any relevant stock exchange on which the shares or other securities of any member of the Participant Group are listed or (iii) where required by the laws or regulations of any country with jurisdiction over the affairs of any member of the Participant Group provided that, prior pursuant to any disclosures under any of the preceding clauses applicable law or regulation such Confidential Information as you shall give, if legally permitted, advance written notice to us so that we may determine whether to seek to void such required disclosure or take any other remedy;consider appropriate; and (c) 2.3. notwithstanding paragraphs 2(a) clauses 2.1 and 2(b) above2.2, Confidential Information to such persons to whom, and on the same terms as, a Finance Party is permitted to disclose Confidential Information under the Agreement, as if such permissions were set out in full in this letter and as if references in those permissions to Finance Party were references to you; or (d) with the prior written consent of us and the Company.

Permitted Disclosure. We agree that you may disclose such Confidential Information and such of those matters referred to in paragraph 1(b) above(A)1.2 above as are strictly necessary: (a) 2.1. to members of the Participant Group and their officers, directors, employees, professional advisers advisers, agents and auditors to the extent necessary representatives for the a Permitted Purpose and to any auditors of members of the Participant Group if provided that (i) any person to whom the Confidential Information is to be given pursuant to this paragraph 2(a(A)2.1 acknowledges and complies with the provisions of this letter as if that person were also a party to it; and (ii) such person is informed in writing of its confidential nature and that some or all of such Confidential Information may be price-sensitive information, except that there shall be no such requirement to so inform if the recipient is subject to professional obligations to maintain the confidentiality of the information or is otherwise bound by requirements of confidentiality in relation to the Confidential Information;; (i) where requested or 2.2. to any person to whom information is required to be disclosed by any court of competent jurisdiction or any competent judicial, governmental, supervisory banking, taxation or other regulatory authority or similar body, (ii) where required by the rules of any relevant stock exchange or pursuant to any applicable law or regulation, provided that before disclosing any such information you or the relevant person will (to the extent permitted by law or applicable regulation): (i) inform us of the basis on which disclosure is required; and (ii) consult in good faith with us with a view to agreeing with us the shares or other securities of any member form, content and timing of the Participant Group disclosure, or if you or the relevant person are listed unable to inform us before any such disclosure, you will (to the extent permitted by law or (iiiapplicable regulation) where required by inform us as soon as practicable after the laws or regulations of any country with jurisdiction over the affairs of any member disclosure is made of the Participant Group provided that, prior to any disclosures under any circumstances of the preceding clauses you shall give, if legally permitted, advance written notice to us so disclosure and the information that we may determine whether to seek to void such required disclosure or take any other remedy;has been disclosed; and (c) notwithstanding paragraphs 2(a) and 2(b) above, Confidential Information to such persons to whom, and on the same terms as, a Finance Party is permitted to disclose Confidential Information under the Agreement, as if such permissions were set out in full in this letter and as if references in those permissions to Finance Party were references to you; or (d) 2.3. with the prior written consent of us and the Company.

Permitted Disclosure. We agree that you may disclose Confidential Information and those matters referred to in paragraph 1(b) aboveNotwithstanding the provisions of Clause 9.2: (a) any information which any Party is required to members submit to any Governmental Authority having jurisdiction over such Party may be so submitted; (b) any Party may disclose any information (in the case of (iv), (v) and (vi) after first having given notice in writing to the Participant Group and their officersother Party of any intended disclosure): (i) to any Affiliated Company or to any professional advisers, directors, employees, professional advisers and auditors or consultants (to the extent necessary required for the Permitted Purpose and to any auditors proper execution of members their work) of such Party provided that the Participant Group if relevant Party at all times procures that any person to whom any such information is disclosed at all times treats that information as confidential in accordance with the Confidential Information is provisions of this Clause 9; (ii) to be given pursuant to this paragraph 2(a) is informed in writing any bona fide intending transferee of its confidential nature and that some the whole or all a significant part of the issued share capital of such Confidential Information may be price-sensitive information, except that there shall be no such requirement Party or to so inform if the recipient is subject to professional obligations to maintain the confidentiality any bona fide assignee of the whole or any part of such Party's interest under this Agreement provided that the relevant Party at all times procures that any person to whom any such information is disclosed at all times treats that information as confidential in accordance with the provisions of this Clause 9; (iii) to any financier or bank or financial institution from whom such Party has obtained or is otherwise bound seeking finance or finance related services provided that the relevant Party at all times procures that any person to whom any such information is disclosed at all times treats that information as confidential in accordance with the provisions of this Clause 9; (iv) to the extent required by requirements of confidentiality law or in relation to the Confidential Informationany stock market regulations; (iv) where requested or required by any court of competent jurisdiction or any competent judicial, governmental, supervisory or regulatory body, (ii) where to the extent required by the rules order of any stock exchange on which the shares or other securities of any member of the Participant Group are listed or (iii) where required by the laws or regulations of any country with jurisdiction over the affairs of any member of the Participant Group provided that, prior to any disclosures under any of the preceding clauses you shall give, if legally permitted, advance written notice to us so that we may determine whether to seek to void such required disclosure or take any other remedycourt having competent jurisdiction; (cvi) notwithstanding paragraphs 2(ato any competent tax authority; (vii) and 2(bto any directors, officer or employee of the Party in question or to any person engaged in the provision of goods or services to or for such Party if disclosure is necessary or expedient to enable the Party in question to perform its obligations under this Agreement or to enforce its rights under this Agreement, provided that the relevant Party at all times procures that any person to whom any such information is disclosed at all times treats that information as confidential in accordance with the provisions of this Clause 11; (viii) above, Confidential Information to any Expert provided that such persons to whomExpert has entered into a confidentiality undertaking as provided for in Clause 13.3 below; (ix) in the course of, and on as required or reasonably necessary for the same terms aspurposes of, a Finance Party is permitted to disclose Confidential Information under the Agreement, as if such permissions were set out in full in this letter and as if references in those permissions to Finance Party were references to youany litigation or arbitration; orand/or (dx) with the prior written consent of us and the Companyto any Regulator.

Permitted Disclosure. We agree that you may disclose Confidential Information and those matters referred to in paragraph 1(b) abovedisclose: (a) to members any of the Participant Group your Affiliates and any of your or their officers, directors, employees, professional advisers and auditors to the extent necessary for the Permitted Purpose and to any auditors of members of the Participant Group such Confidential Information as you shall consider appropriate if any person to whom the Confidential Information is to be given pursuant to this paragraph 2(a) is informed in writing of its confidential nature and that some or all of such Confidential Information may be price-sensitive information, except that there shall be no such requirement to so inform if the recipient is subject to professional obligations to maintain the confidentiality of the information or is otherwise bound by requirements of confidentiality in relation to the Confidential Information; (b) subject to the requirements of the Agreement, to any person: (i) where requested to (or required by any court of competent jurisdiction through) whom you assign or transfer (or may potentially assign or transfer) all or any competent judicial, governmental, supervisory or regulatory body, of your rights and/or obligations which you may acquire under the Agreement such Confidential Information as you shall consider appropriate if the person to whom the Confidential Information is to be given pursuant to this sub-paragraph (i) of paragraph 2(b) has delivered a letter to you in equivalent form to this letter; (ii) where with (or through) whom you enter into (or may potentially enter into) any sub- participation in relation to, or any other transaction under which payments are to be made or may be made by reference to the Agreement or any Obligor, such Confidential Information as you shall consider appropriate if the person to whom the Confidential Information is to be given pursuant to this sub paragraph (ii) of paragraph 2(b) has delivered a letter to you in equivalent form to this letter; (iii) to whom information is required or requested to be disclosed by any governmental, banking, taxation or other regulatory authority or similar body, the rules of any relevant stock exchange on which the shares or other securities of pursuant to any member of the Participant Group are listed applicable law or (iii) where required by the laws or regulations of any country with jurisdiction over the affairs of any member of the Participant Group regulation such Confidential Information as you shall consider appropriate, provided that, that prior to any disclosures under any of the preceding clauses you shall give, if legally permitted, advance written notice to us so that we may determine whether to seek to void disclosing such required disclosure or take any other remedy;Confidential Information; and (c) notwithstanding paragraphs 2(a) and 2(b) above, Confidential Information to such persons to whom, and on the same terms as, a Finance Party is permitted to disclose Confidential Information under the Agreement, as if such permissions were set out in full in this letter and as if references in those permissions to Finance Party were references to you; or (d) with the prior written consent of us and the Company.

Permitted Disclosure. We agree that you The Recipient (and its Representatives, as applicable) may disclose Confidential Information and those matters referred with respect to in paragraph 1(b) abovethe Consultation: (a) a. to members of the Participant Group and their officers, directors, employees, professional advisers and auditors to the extent necessary its Representatives for the Permitted Purpose and to its internal auditors to comply with internal audit or compliance policies; provided that (i) such Confidential Information shall not be used for any auditors of members unlawful purpose, (ii) the Recipient informs such Representatives of the Participant Group confidential nature of such information and directs them to treat such information in accordance with the terms of this Agreement, and (iii) the Recipient shall be responsible for any breach of this Agreement that results from the actions or omissions of such Representatives; provided that clause (iii) shall not apply to any Representative that has entered into a confidentiality agreement with the Discloser in relation to the Consultation; and b. to the extent required by Law or in connection with any legal proceedings or otherwise requested by any governmental agency, regulatory authority (including any self-regulatory organization claiming to have jurisdiction) or any bank examiner; provided that if the Recipient discloses any person to whom the Confidential Information is to be given a person pursuant to this paragraph 2(a) is informed in writing (b), then the Recipient will, to the extent not prohibited by any Law: i. inform such person of its the confidential nature and that some or all of such Confidential Information may information; and ii. notify the Discloser of such disclosure promptly; provided, however, that the Recipient shall not be price-sensitive information, except that there shall be no required to inform such requirement person or give such notification to so inform the Discloser if the recipient is subject disclosure was made to professional obligations to maintain a bank examiner, regulatory examiner or self-regulatory examiner in the confidentiality course of the information such examiner’s examination or is otherwise bound by requirements of confidentiality in relation to the Confidential Information; (i) where requested or required by any court of competent jurisdiction or any competent judicial, governmental, supervisory or regulatory body, (ii) where required by the rules of any stock exchange on which the shares or other securities of any member of the Participant Group are listed or (iii) where required by the laws or regulations of any country with jurisdiction over the affairs of any member of the Participant Group provided that, prior to any disclosures under any of the preceding clauses you shall give, if legally permitted, advance written notice to us so that we may determine whether to seek to void such required disclosure or take any other remedy; (c) notwithstanding paragraphs 2(a) and 2(b) above, Confidential Information to such persons to whom, and on the same terms as, a Finance Party is permitted to disclose Confidential Information under the Agreement, as if such permissions were set out in full in this letter and as if references in those permissions to Finance Party were references to you; or (d) with the prior written consent of us and the Companyinspection.

Permitted Disclosure. We agree that you You may disclose Confidential Information and those matters referred to in paragraph 1(b) aboveInformation: (a) to members any member of the Participant Group and their Purchaser Group, its professional advisers, officers, directors, employees, professional advisers auditors and auditors other persons providing services to it (provided that such person is under a duty of confidentiality in relation to the Confidential Information, professional, contractual or otherwise, to you) to the extent necessary for the Permitted Purpose and to any auditors of members of the Participant Group Purpose, if any such person to whom the Confidential Information is to be given pursuant to this paragraph 2(a) is informed in writing of its confidential nature and that some or all of such Confidential Information may be price-sensitive information, except that there shall be no such requirement to so inform if the recipient is subject to professional obligations to maintain the confidentiality of the information or is otherwise bound by requirements of confidentiality in relation to the Confidential Information; (b) (i) where requested or required by any court of competent jurisdiction or any competent banking, taxation, judicial, governmental, supervisory supervisory, regulatory or regulatory equivalent body, (ii) where required by the rules of any stock exchange on which the shares or other securities of any member of the Participant Purchaser Group are listed or (iii) where required by the laws or regulations of any country with jurisdiction over the affairs of any member of the Participant Group provided that, prior to any disclosures under any of the preceding clauses you shall give, if legally permitted, advance written notice to us so that we may determine whether to seek to void such required disclosure or take any other remedy;Purchaser Group; and (c) to any person: (i) to (or through) whom you assign or transfer (or may potentially assign or transfer) all or any of the rights, benefits and obligations which you may acquire under the Facilities Agreement; or (ii) with (or through) whom you enter into (or may potentially enter into) any sub-participation in relation to, or any other transaction under which payments are to be made by reference to, the Facilities, the Facilities Agreement and/or one or more of the other Finance Documents or any Obligor, provided that such person has delivered to you (with a copy to the Company) a letter in equivalent form to this letter; and (d) notwithstanding paragraphs 2(a(a) and 2(bto (c) above, Confidential Information to such persons to whom, and on the same terms as, a Finance Party is permitted to disclose Confidential Information under the Facilities Agreement, as if such permissions were set out in full in this letter and as if references in those permissions to a Finance Party were references to you; or (d) with the prior written consent of us and the Company.

Permitted Disclosure. We agree that you Notwithstanding clause 22.1, either Party may disclose Confidential Information and those matters referred to such information or documents without obtaining the other Party’s prior consent in paragraph 1(b) abovethese situations: (a) accountants, auditors, other professional consultants, advisors or underwriters, provided such disclosure is solely to members assist the purpose for which the aforesaid were so engaged; provided, further, that such Persons agree to hold such information or documents under terms of confidentiality equivalent to clause 22.1 and this clause 22.2 and for the benefit of the Participant Group Parties; (b) Financial Lender and their officers, directors, employees, professional advisers and auditors other providers or prospective providers of finance to the extent necessary for the Permitted Purpose and to any auditors of members of the Participant Group if any person to whom the Confidential Information is to be given pursuant to this paragraph 2(a) is informed in writing of its confidential nature and that some or all of such Confidential Information may be price-sensitive information, except that there shall be no such requirement to so inform if the recipient is subject to professional obligations to maintain the confidentiality of the information or is otherwise bound by requirements of confidentiality Terminal Operator in relation to the Confidential InformationTerminal; provided however, that such Persons agree to hold such information or documents confidential for the benefit of the Parties for a period of at least three (3) years; (ic) where requested bona fide prospective purchasers of all or a part of a Party’s or its Affiliate’s business and bona fide prospective assignees of all or part of a Party’s interest in this Agreement; provided, however, that such Persons agree to hold such information or documents under terms of confidentiality equivalent to clause 22.1 and this clause 22.2 and for the benefit of the Parties; (d) to legal counsel, provided such disclosure is solely to assist the purpose for which such legal counsel was so engaged; (e) if required by any court of competent jurisdiction law or any competent judicialApplicable Law, governmentalor if requested by a Governmental Authority and/or RAE having or asserting jurisdiction over a Party and having or asserting authority to require such disclosure in accordance with that authority (including in connection with resolving a Dispute), supervisory or regulatory body, (ii) where required by under the rules of any recognised stock exchange on or regulatory agency established in connection therewith; provided, however, that if the other Party reasonably considers a portion of this Agreement to be commercially sensitive, then the disclosing Party shall use its reasonable endeavours to ensure that such Governmental Authority and/or XXX agrees to hold such information or documents of this Agreement which the shares or other securities under terms of any member of the Participant Group are listed or (iii) where required by the laws or regulations of any country with jurisdiction over the affairs of any member of the Participant Group provided that, prior confidentiality equivalent to any disclosures under any of the preceding clauses you shall give, if legally permitted, advance written notice to us so that we may determine whether to seek to void such required disclosure or take any other remedy; (c) notwithstanding paragraphs 2(a) clause 22.1 and 2(b) above, Confidential Information to such persons to whom, and on the same terms as, a Finance Party is permitted to disclose Confidential Information under the Agreement, as if such permissions were set out in full in this letter and as if references in those permissions to Finance Party were references to you; or (d) with the prior written consent of us and the Company.clause

Permitted Disclosure. We agree that you may disclose Confidential Information and those matters referred to in paragraph 1(b) abovedisclose: (a) to members any of the Participant Group your Affiliates and any of your or their officers, directors, employees, professional advisers and auditors to the extent necessary for the Permitted Purpose and to any auditors of members of the Participant Group such Confidential Information as you shall consider appropriate if any person to whom the Confidential Information is to be given pursuant to this paragraph 2(a) is informed in writing of its confidential nature and that some or all of such Confidential Information may be price-sensitive information, except that there shall be no such requirement to so inform if the recipient is subject to professional obligations to maintain the confidentiality of the information or is otherwise bound by requirements of confidentiality in relation to the Confidential Information; (b) subject to the requirements of the Facility Agreement, to any person: (i) where to (or through) whom you assign or transfer (or may potentially assign or transfer) all or any of your rights and/or obligations which you may acquire under the Facility Agreement such Confidential Information as you shall consider appropriate if the person to whom the Confidential Information is to be given pursuant to this sub-paragraph (i) of paragraph (b) has delivered a letter to you in equivalent form to this letter;; or (ii) with (or through) whom you enter into (or may potentially enter into) any sub-participation in relation to, or any other transaction under which payments are to be made or may be made by reference to the Facility Agreement or the Borrower such Confidential Information as you shall consider appropriate if the person to whom the Confidential Information is to be given pursuant to this sub-paragraph (ii) of paragraph (b) has delivered a letter to you in equivalent form to this letter; (iii) to whom information is required or requested or required to be disclosed by any court of competent jurisdiction or any competent judicial, governmental, supervisory banking, taxation or other regulatory authority or similar body, (ii) where required by the rules of any relevant stock exchange on which or pursuant to any applicable law or regulation such Confidential Information as you shall consider appropriate; if the shares or other securities of any member of person to whom the Participant Group are listed or Confidential Information is to be given pursuant to this sub-paragraph (iii) where of paragraph (b) is informed of its confidential nature and that some or all of such Confidential Information may be price-sensitive information except that there shall be no requirement to so inform if it is not practicable so to do in the circumstances; (iv) to whom information is required by to be disclosed in connection with, and for the laws purposes of, any litigation, arbitration, administrative or regulations of any country with jurisdiction over the affairs of any member of the Participant Group provided thatother investigations, prior to any disclosures under any of the preceding clauses you shall giveproceedings or disputes, if legally permitted, advance written notice the person to us whom the Confidential Information is to be given pursuant to this sub-paragraph (iv) of paragraph (b ) is informed of its confidential nature and that some or all of such Confidential Information may be price-sensitive information except that there shall be no requirement to so that we may determine whether inform if it is not practicable so to seek to void such required disclosure or take any other remedydo in the circumstances; (v) who is a Party; and (vi) with the consent of Xxxxxxxx. (c) notwithstanding paragraphs 2(a(a) and 2(bto (c) above, Confidential Information to such persons to whom, and on the same terms as, a Finance Party Lender is permitted to disclose Confidential Information under the Facility Agreement, as if such permissions were set out in full in this letter and as if references in those permissions to Finance Party a Lender were references to you; or (d) with the prior written consent of us and the Company.

Permitted Disclosure. We agree that you may disclose Confidential Information and those matters referred to in paragraph 1(b) abovedisclose: (a) 2.1 to members any of the Participant Group your Affiliates and any of your or their officers, directors, employees, professional advisers and auditors to the extent necessary for the Permitted Purpose and to any auditors of members of the Participant Group such Confidential Information as you shall consider appropriate if any person to whom the Confidential Information is to be given 204 63529049_1 pursuant to this paragraph 2(a) 2.1 is informed in writing of its confidential nature and that some or all of such Confidential Information may be price-sensitive information, except that there shall be no such requirement to so inform if the recipient is subject to professional obligations to maintain the confidentiality of the information or is otherwise bound by requirements of confidentiality in relation to the Confidential Information; 2.2 subject to the requirements of the Agreement, to any person: (ia) where requested to (or required by any court of competent jurisdiction through) whom you assign or transfer (or may potentially assign or transfer) all or any competent judicial, governmental, supervisory or regulatory body, (ii) where required by of your rights and/or obligations which you may acquire under the rules of any stock exchange on which the shares or other securities of any member of the Participant Group are listed or (iii) where required by the laws or regulations of any country with jurisdiction over the affairs of any member of the Participant Group provided that, prior to any disclosures under any of the preceding clauses Agreement such Confidential Information as you shall giveconsider appropriate if the person to whom the Confidential Information is to be given pursuant to this sub-paragraph (a) of paragraph 2.2 has delivered a letter to you in equivalent form to this letter; (b) with (or through) whom you enter into (or may potentially enter into) any sub-participation in relation to, if legally permitted, advance written notice to us so that we may determine whether to seek to void such required disclosure or take any other remedytransaction under which payments are to be made or may be made by reference to the Agreement or any Obligor such Confidential Information as you shall consider appropriate if the person to whom the Confidential Information is to be given pursuant to this sub-paragraph (b) of paragraph 2.2 has delivered a letter to you in equivalent form to this letter; (c) to whom information is required or requested to be disclosed by any governmental, banking, taxation or other regulatory authority or similar body, the rules of any relevant stock exchange or pursuant to any applicable law or regulation such Confidential Information as you shall consider appropriate; and 2.3 notwithstanding paragraphs 2(a) 2.1 and 2(b) 2.2 above, Confidential Information to such persons to whom, and on the same terms as, a Finance Party is permitted to disclose Confidential Information under the Agreement, as if such permissions were set out in full in this letter and as if references in those permissions to Finance Party were references to you; or (d) with the prior written consent of us and the Company.

Permitted Disclosure. We You agree that you we may disclose Confidential Information and those matters referred to in paragraph 1(b) abovedisclose: (a) 2.1 to members any of the Participant Group our Affiliates and any of our or their officers, directors, employees, professional advisers and auditors to the extent necessary for the Permitted Purpose and to any auditors of members of the Participant Group such Confidential Information as we shall consider appropriate if any person to whom the Confidential Information is to be given pursuant to this paragraph 2(a) 2.1 is informed in writing of its confidential nature and that some or all of such Confidential Information may be price-sensitive information, except that there shall be no such requirement to so inform if the recipient is subject to professional obligations to maintain the confidentiality of the information or is otherwise bound by requirements of confidentiality in relation to the Confidential Information; 2.2 subject to the requirements of the Facilities Agreement, to any person: (ia) where requested to (or required by any court of competent jurisdiction through) whom we assign or transfer (or may potentially assign or transfer) all or any competent judicial, governmental, supervisory or regulatory body, (ii) where required by the rules of any stock exchange on our rights and/or obligations which the shares or other securities of any member of the Participant Group are listed or (iii) where required by the laws or regulations of any country with jurisdiction over the affairs of any member of the Participant Group provided that, prior to any disclosures under any of the preceding clauses you shall give, if legally permitted, advance written notice to us so that we may determine whether acquire under the Facilities Agreement such Confidential Information as we shall consider appropriate if the person to seek whom the Confidential Information is to void such required disclosure be given pursuant to this sub-paragraph (a) of paragraph 2.2 has delivered a letter to you materially in equivalent form to this letter; (b) with (or take through) whom we enter into (or may potentially enter into) any sub-participation in relation to, or any other remedytransaction under which payments are to be made or may be made by reference to the Facilities Agreement in relation to that Acquisition or any Obligor such Confidential Information as we shall consider appropriate if the person to whom the Confidential Information is to be given pursuant to this sub-paragraph (b) of paragraph 2.2 has delivered a letter to you in materially equivalent form to this letter; (c) to whom information is required or requested to be disclosed by any governmental, banking, taxation or other regulatory authority or similar body, the rules of any recognised stock exchange or pursuant to any applicable law or regulation such Confidential Information as we shall consider appropriate; and 2.3 notwithstanding paragraphs 2(a) 2.1 and 2(b) 2.2. above, Confidential Information to such persons to whom, and on the same terms as, a Finance Party is permitted to disclose Confidential Information under the AgreementFacilities Agreement to which that Acquisition relates, as if such permissions were set out in full in this letter and as if references in those permissions to Finance Party were references to you; or (d) with us for the prior written consent purposes of us and the Companythat Acquisition.

Permitted Disclosure. We agree that you may disclose Confidential Information and those matters referred to in paragraph 1(b) abovedisclose: (a) 2.1 to members any of the Participant Group your Affiliates and any of your or their officers, directors, employees, professional advisers and auditors to the extent necessary for the Permitted Purpose and to any auditors of members of the Participant Group such Confidential Information as you shall consider appropriate if any person to whom the Confidential Information is to be given pursuant to this paragraph 2(a) 2.1 is informed in writing of its confidential nature and that some or all of such Confidential Information may be price-sensitive information, except that there shall be no such requirement to so inform if the recipient is subject to professional obligations to maintain the confidentiality of the information or is otherwise bound by requirements of confidentiality in relation to the Confidential Information; 2.2 subject to the requirements of the Agreement, to any person: (ia) where requested to (or required by any court of competent jurisdiction through) whom you assign or transfer (or may potentially assign or transfer) all or any competent judicial, governmental, supervisory or regulatory body, (ii) where required by of your rights and/or obligations which you may acquire under the rules of any stock exchange on which the shares or other securities of any member of the Participant Group are listed or (iii) where required by the laws or regulations of any country with jurisdiction over the affairs of any member of the Participant Group provided that, prior to any disclosures under any of the preceding clauses Agreement such Confidential Information as you shall giveconsider appropriate if the person to whom the Confidential Information is to be given pursuant to this 63140965_9 sub-paragraph (a) of paragraph 2.2 has delivered a letter to you in equivalent form to this letter; (b) with (or through) whom you enter into (or may potentially enter into) any sub-participation in relation to, if legally permitted, advance written notice to us so that we may determine whether to seek to void such required disclosure or take any other remedytransaction under which payments are to be made or may be made by reference to the Agreement or any Obligor such Confidential Information as you shall consider appropriate if the person to whom the Confidential Information is to be given pursuant to this sub-paragraph (b) of paragraph 2.2 has delivered a letter to you in equivalent form to this letter; (c) to whom information is required or requested to be disclosed by any governmental, banking, taxation or other regulatory authority or similar body, the rules of any relevant stock exchange or pursuant to any applicable law or regulation such Confidential Information as you shall consider appropriate; and 2.3 notwithstanding paragraphs 2(a) 2.1 and 2(b) 2.2 above, Confidential Information to such persons to whom, and on the same terms as, a Finance Party is permitted to disclose Confidential Information under the Agreement, as if such permissions were set out in full in this letter and as if references in those permissions to Finance Party were references to you; or (d) with the prior written consent of us and the Company.

Permitted Disclosure. We agree that you You may disclose Confidential Information and those matters referred to in paragraph 1(b) aboveInformation: (a) to members any member of the Participant Group and their Purchaser Group, its professional advisers, officers, directors, employees, professional advisers auditors and auditors other persons providing services to it (provided that such person is under a duty of confidentiality in relation to the Confidential Information, professional, contractual or otherwise, to you) to the extent necessary for the Permitted Purpose and to any auditors of members of the Participant Group Purpose, if any such person to whom the 111 = NUMPAGES 135-2 133 Confidential Information is to be given pursuant to this paragraph 2(a) is informed in writing of its confidential nature and that some or all of such Confidential Information may be price-sensitive information, except that there shall be no such requirement to so inform if the recipient is subject to professional obligations to maintain the confidentiality of the information or is otherwise bound by requirements of confidentiality in relation to the Confidential Information; (b) (i) where requested or required by any court of competent jurisdiction or any competent banking, taxation, judicial, governmental, supervisory supervisory, regulatory or regulatory equivalent body, (ii) where required by the rules of any stock exchange on which the shares or other securities of any member of the Participant Purchaser Group are listed or (iii) where required by the laws or regulations of any country with jurisdiction over the affairs of any member of the Participant Group provided that, prior to any disclosures under any of the preceding clauses you shall give, if legally permitted, advance written notice to us so that we may determine whether to seek to void such required disclosure or take any other remedyPurchaser Group; (c) to any person: (i) to (or through) whom you transfer (or may potentially transfer) all or any of the rights, benefits and obligations which you may acquire under the Facility Agreement; or (ii) with (or through) whom you enter into (or may potentially enter into) any sub-participation in relation to, or any other transaction under which payments are to be made by reference to, the Facility, the Facility Agreement and/or one or more of the other Finance Documents or the Obligors, provided that such person has delivered to you (with a copy to the Company) a letter in equivalent form to this letter; and (d) notwithstanding paragraphs 2(a(a) and 2(bto (c) above, Confidential Information to such persons to whom, and on the same terms as, a Finance Party is permitted to disclose Confidential Information under the Facility Agreement, as if such permissions were set out in full in this letter and as if references in those permissions to a Finance Party were references to you; or (d) with the prior written consent of us and the Company.

Permitted Disclosure. We agree that you may disclose Confidential Information and those matters referred to in paragraph 1(b) abovedisclose: (a) 2.1 to members any of the Participant Group your Affiliates and any of your or their officers, directors, employees, professional advisers and auditors to the extent necessary for the Permitted Purpose and to any auditors of members of the Participant Group such Confidential Information as you shall consider appropriate if any person to whom the Confidential Information is to be given pursuant to this paragraph 2(a) ‎2.1 is informed in writing of its confidential nature and that some or all of such Confidential Information may be price-price sensitive information, except that there shall be no such requirement to so inform if the recipient is subject to professional obligations to maintain the confidentiality of the information or is otherwise bound by requirements of confidentiality in relation to the Confidential Information; 2.2 subject to the requirements of the Agreement, to any person: (iA) where to (or through) whom you assign or transfer (or may potentially assign or transfer) all or any of your rights and/or obligations which you may acquire under the Agreement such Confidential Information as you shall consider appropriate if the person to whom the Confidential Information is to be given pursuant to this sub paragraph ‎(A) of paragraph ‎2.2 has delivered a letter to you in equivalent form to this letter; (B) with (or through) whom you enter into (or may potentially enter into) any sub participation in relation to, or any other transaction under which payments are to be made or may be made by reference to the Agreement or the Borrower such Confidential Information as you shall consider appropriate if the person to whom the Confidential Information is to be given pursuant to this sub paragraph ‎(B) of paragraph ‎2.2 has delivered a letter to you in equivalent form to this letter; (C) to whom information is required or requested or required to be disclosed by any court of competent jurisdiction or any competent judicial, governmental, supervisory banking, taxation or other regulatory authority or similar body, (ii) where required by the rules of any relevant stock exchange on which the shares or other securities of any member of the Participant Group are listed or (iii) where required by the laws or regulations of any country with jurisdiction over the affairs of any member of the Participant Group provided that, prior pursuant to any disclosures under any of the preceding clauses applicable law or regulation such Confidential Information as you shall give, if legally permitted, advance written notice to us so that we may determine whether to seek to void such required disclosure or take any other remedy;consider appropriate; and (c) 2.3 notwithstanding paragraphs 2(a) [***] and 2(b) [***] above, Confidential Information to such persons to whom, and on the same terms as, a Finance Party is permitted to disclose Confidential Information under the Agreement, as if such permissions were set out in full in this letter and as if references in those permissions to Finance Party were references to you; or (d) with the prior written consent of us and the Company.

Permitted Disclosure. We agree that you may disclose Confidential Information and those matters referred to in paragraph 1(b) abovedisclose: (a) 2.1. to members any of the Participant Group your Affiliates and any of your or their officers, directors, employees, professional advisers and auditors to the extent necessary for the Permitted Purpose and to any auditors of members of the Participant Group such Confidential Information as you shall consider appropriate if any person to whom the Confidential Information is to be given pursuant to this paragraph 2(a) 2.1 is informed in writing of its confidential nature and that some or all of such Confidential Information may be price-sensitive information, except that there shall be no such requirement to so inform if the recipient is subject to professional obligations to maintain the confidentiality of the information or is otherwise bound by requirements of confidentiality in relation to the Confidential Information; 2.2. subject to the requirements of the Agreement, to any person: (ia) where requested to (or required by any court of competent jurisdiction through) whom you assign or transfer (or may potentially assign or transfer) all or any competent judicial, governmental, supervisory or regulatory body, (ii) where required by of your rights and/or obligations which you may acquire under the rules of any stock exchange on which the shares or other securities of any member of the Participant Group are listed or (iii) where required by the laws or regulations of any country with jurisdiction over the affairs of any member of the Participant Group provided that, prior to any disclosures under any of the preceding clauses Agreement such Confidential Information as you shall giveconsider appropriate if the person to whom the Confidential Information is to be given pursuant to this sub-paragraph (a) of paragraph 2.2 has delivered a letter to you in equivalent form to this letter; (b) with (or through) whom you enter into (or may potentially enter into) any sub-participation in relation to, if legally permitted, advance written notice to us so that we may determine whether to seek to void such required disclosure or take any other remedytransaction under which payments are to be made or may be made by reference to the Agreement or any Obligor such Confidential Information as you shall consider appropriate if the person to whom the Confidential Information is to be given pursuant to this sub-paragraph (b) of paragraph 2.2 has delivered a letter to you in equivalent form to this letter; (c) to whom information is required or requested to be disclosed by any governmental, banking, taxation or other regulatory authority or similar body, the rules of any relevant stock exchange or pursuant to any applicable law or regulation such Confidential Information as you shall consider appropriate; and 2.3. notwithstanding paragraphs 2(a) 2.1 and 2(b) 2.2. above, Confidential Information to such persons to whom, and on the same terms as, a Finance Party is permitted to disclose Confidential Information under the Agreement, as if such permissions were set out in full in this letter and as if references in those permissions to Finance Party were references to you; or (d) with the prior written consent of us and the Company.

Permitted Disclosure. We agree that you You may disclose Confidential Information and those matters referred to in paragraph 1(b) aboveInformation: (a) to members any member of the Participant Group and their Purchaser Group, its professional advisers, officers, directors, employees, professional advisers auditors and auditors other persons providing services to it (provided that such person is under a duty of confidentiality 119148 in relation to the Confidential Information, professional, contractual or otherwise, to you) to the extent necessary for the Permitted Purpose and to any auditors of members of the Participant Group Purpose, if any such person to whom the Confidential Information is to be given pursuant to this paragraph 2(a) is informed in writing of its confidential nature and that some or all of such Confidential Information may be price-sensitive information, except that there shall be no such requirement to so inform if the recipient is subject to professional obligations to maintain the confidentiality of the information or is otherwise bound by requirements of confidentiality in relation to the Confidential Information; (i) where requested or required by any court of competent jurisdiction or any competent banking, taxation, judicial, governmental, supervisory supervisory, regulatory or regulatory equivalent body, (ii) where required by the rules of any stock exchange on which the shares or other securities of any member of the Participant Purchaser Group are listed or (iii) where required by the laws or regulations of any country with jurisdiction over the affairs of any member of the Participant Group provided that, prior to any disclosures under any of the preceding clauses you shall give, if legally permitted, advance written notice to us so that we may determine whether to seek to void such required disclosure or take any other remedyPurchaser Group; (c) to any person: (i) to (or through) whom you transfer (or may potentially transfer) all or any of the rights, benefits and obligations which you may acquire under the Facility Agreement; or (ii) with (or through) whom you enter into (or may potentially enter into) any sub-participation in relation to, or any other transaction under which payments are to be made by reference to, the Facility, the Facility Agreement and/or one or more of the other Finance Documents or the Borrower, provided that such person has delivered to you (with a copy to the Company) a letter in equivalent form to this letter; and (d) notwithstanding paragraphs 2(a(a) and 2(bto (c) above, Confidential Information to such persons to whom, and on the same terms as, a Finance Party is permitted to disclose Confidential Information under the Facility Agreement, as if such permissions were set out in full in this letter and as if references in those permissions to a Finance Party were references to you; or (d) with the prior written consent of us and the Company.