Common use of Provision of Public Information Clause in Contracts

Provision of Public Information. Notwithstanding anything to the contrary in the Margin Loan Documentation, Borrower shall not provide any Lender, any Agent or their respective Affiliates with any Material Nonpublic Information with respect to Parent, Issuer, their respective Subsidiaries or their securities in any document or notice required to be delivered pursuant to this Agreement, any other Margin Loan Documentation or any communication pursuant to, or directly related to, this Agreement or any other Margin Loan Documentation, including any Platform (each, a “Communication”) and in delivering any Communication, Borrower shall be deemed to have represented that any such Communication contains no such Material Nonpublic Information; provided, however, that this Section 5.06 shall not prohibit Borrower or its Affiliates from disclosing Material Nonpublic Information to any Lender, any Agent or their Affiliates in connection with advisory services provided by such Lender, such Agent or Affiliate if Borrower reasonably believes that such Lender, such Agent or Affiliate has implemented appropriate information walls in respect of such Material Nonpublic Information. Notwithstanding anything to the contrary in the Margin Loan Documentation, Borrower acknowledges and agrees that if any Lender or any of such Lxxxxx’s Affiliates receives from Borrower any Material Nonpublic Information at any time in connection with this Agreement or any other Margin Loan Documentation, such Lender or such Affiliate shall not have any duty of confidentiality to Borrower and may disclose such Material Nonpublic Information publicly, to any potential purchaser of the Collateral or to any other Person.

Appears in 1 contract

Samples: Margin Loan Agreement (Star Holdings)

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Provision of Public Information. Notwithstanding anything to the contrary in the Margin Loan Documentation, Borrower shall not, and shall cause all other Apax Entities not to, and Borrower shall be obligated not to, provide any Lender, any Agent or their respective Affiliates any Lender with any Material Nonpublic Information with respect to Parent, Issuer, their respective its Subsidiaries or their its securities in any document or notice required to be delivered pursuant to this Agreement, any other Margin Loan Documentation or any communication pursuant to, or directly related to, this Agreement or any other Margin Loan Documentation, including any Platform Documentation (each, each a “Communication”) and in delivering delivering, or permitting any other Apax Entity to deliver, any Communication, Borrower shall be deemed to have represented that any such Communication contains no such Material Nonpublic Information; provided, howeverin each case, that this Section 5.06 shall not prohibit Borrower or its Affiliates from disclosing Material Nonpublic Information unless such Communication is given to any Lender, any Agent or their Affiliates in connection with advisory services provided by such Lender, such Agent or Affiliate if Borrower reasonably believes that such Lender, such Agent or Affiliate has implemented appropriate information walls in respect of such Material Nonpublic Informationa Permitted Contact. Notwithstanding anything to the contrary in the Margin Loan Documentation, Borrower acknowledges and agrees that if any Lender or any of such LxxxxxLender’s Affiliates (other than a Permitted Contact) receives from Borrower or any other Apax Entity any Material Nonpublic Information at any time in connection with this Agreement or any other Margin Loan Documentation, such Lender or such Affiliate shall not have any duty of confidentiality to Borrower and may disclose such Material Nonpublic Information publicly, to any potential purchaser of the Collateral or to any other Person.

Appears in 1 contract

Samples: Margin Loan Agreement (Valor Parent LP)

Provision of Public Information. Notwithstanding anything to the contrary in the Margin Loan Documentation, Borrower shall not, and shall cause all other Fund Entities and KKR Rodeo Aggregator L.P. not to, and Borrower shall not be obligated to, provide any Lender, any Agent or their respective Affiliates any Lender with any Material Nonpublic Information with respect to Parent, Issuer, their respective its Subsidiaries or their securities in any document or notice required to be delivered pursuant to this Agreement, any other Margin Loan Documentation or any communication pursuant to, or directly related to, this Agreement or any other Margin Loan Documentation, including any Platform Documentation (each, a “Communication”) and in delivering delivering, or permitting any other Fund Entity or KKR Rodeo Aggregator L.P. or its general partner to deliver, any Communication, Borrower shall be deemed to have represented that any such Communication contains no such Material Nonpublic Information; provided, however, that this Section 5.06 shall not prohibit Borrower or its Affiliates from disclosing Material Nonpublic Information to any Lender, any Agent or their Affiliates in connection with advisory services provided by such Lender, such Agent or Affiliate if Borrower reasonably believes that such Lender, such Agent or Affiliate has implemented appropriate information walls in respect of such Material Nonpublic Information. Notwithstanding anything to the contrary in the Margin Loan Documentation, Borrower acknowledges and agrees that if any Lender or any of such LxxxxxLender’s Affiliates receives from Borrower Borrower, any other Fund Entity, KKR Rodeo Aggregator L.P. or its general partner any Material Nonpublic Information at any time in connection with this Agreement or any other Margin Loan DocumentationDocumentation (unless such Material Nonpublic Information was delivered solely to employees of Lender or its Affiliate that Borrower, such Fund Entity, KKR Rodeo Aggregator L.P. or its general partner reasonably and in good faith believed to be (x) on the private side of Lender’s (or its Affiliate’s) information barrier and (y) not involved in the administration of the Facility), such Lender or such Affiliate shall not have any duty of confidentiality to Borrower and may disclose such Material Nonpublic Information publicly, to any potential purchaser of the Collateral or to any other Person.

Appears in 1 contract

Samples: Margin Loan Agreement (KKR Fund Holdings L.P.)

Provision of Public Information. Notwithstanding anything to the contrary in the Margin Loan Documentation, each Borrower shall not, and each Borrower shall cause all other Blackstone Entities not to, and no Borrowers shall be obligated to, provide any Lender, any Agent or their respective Affiliates any Lender with any Material Nonpublic Information with respect to Parent, the Issuer, their respective its Subsidiaries or their securities in any document or notice required to be delivered pursuant to this Agreement, any other Margin Loan Documentation or any communication pursuant to, or directly related to, this Agreement or any other Margin Loan Documentation, including any Platform Documentation (each, each a “Communication”) (it being understood that any information required pursuant to Section 5.02 shall not constitute Material Nonpublic Information for purposes of this Section 5.06) and in delivering delivering, or permitting any other Blackstone Entity to deliver, any Communication, each Borrower shall be deemed to have represented that any such Communication contains no such Material Nonpublic Information; provided, however, that this Section 5.06 shall not prohibit Borrower or its Affiliates from disclosing Material Nonpublic Information to any Lender, any Agent or their Affiliates in connection with advisory services provided by such Lender, such Agent or Affiliate if Borrower reasonably believes that such Lender, such Agent or Affiliate has implemented appropriate information walls in respect of such Material Nonpublic Information. Notwithstanding anything to the contrary in the Margin Loan Documentation, each Borrower acknowledges and agrees that if any Lender or any of such LxxxxxLender’s Affiliates receives from a Borrower or any other Blackstone Entity any Material Nonpublic Information at any time in connection with this Agreement or any other Margin Loan Documentation, such Lender or such Affiliate shall not have any duty of confidentiality to Borrower and may disclose such Material Nonpublic Information publicly, to any potential purchaser of the Collateral or to any other Person.

Appears in 1 contract

Samples: Margin Loan Agreement (Blackstone Holdings III L.P.)

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Provision of Public Information. Notwithstanding anything to the contrary in the Margin Loan Documentation, Borrower shall not, and shall cause all other Apax Entities not to, and Borrower shall not be obligated to, provide any Lender, any Agent or their respective Affiliates any Lender with any Material Nonpublic Information with respect to Parent, Issuer, their respective its Subsidiaries or their its securities in any document or notice required to be delivered pursuant to this Agreement, any other Margin Loan Documentation or any communication pursuant to, or directly related to, this Agreement or any other Margin Loan Documentation, including any Platform Documentation (each, each a “Communication”) and in delivering delivering, or permitting any other Apax Entity to deliver, any Communication, Borrower shall be deemed to have represented that any such Communication contains no such Material Nonpublic Information; provided, howeverin each case, that this Section 5.06 shall not prohibit Borrower or its Affiliates from disclosing Material Nonpublic Information unless such Communication is given to any Lender, any those employees of an Agent or Lender or their respective Affiliates so identified to Borrower in connection with advisory services provided by such Lender, such Agent or Affiliate if Borrower reasonably believes that such Lender, such Agent or Affiliate has implemented appropriate information walls in respect writing to be on the private side of such Material Nonpublic InformationAgent’s or Lender’s (or their respective Affiliate’s) information barrier. Notwithstanding anything to the contrary in the Margin Loan Documentation, Borrower acknowledges and agrees that if any Agent, Lender or any of such LxxxxxAgent’s or Lender’s Affiliates (other than those employees of such Agent or Lender or their respective Affiliates so identified to Borrower in writing to be on the private side of such Agent’s or Lender’s (or their respective Affiliate’s) information barrier) receives from Borrower or any other Apax Entity any Material Nonpublic Information at any time in connection with this Agreement or any other Margin Loan Documentation, such Agent, Lender or such Affiliate shall not have any duty of confidentiality to Borrower and may disclose such Material Nonpublic Information publicly, to any potential purchaser of the Collateral or to any other Person.

Appears in 1 contract

Samples: Margin Loan Agreement (Valor Buyer LP)

Provision of Public Information. Notwithstanding anything to Neither the contrary in Borrower nor the Margin Loan Documentation, Borrower General Partner shall not provide any Lender, any Agent or their respective Affiliates Lender with any Material Nonpublic Information with respect to Parent, the Issuer, their respective Subsidiaries its subsidiaries or their securities in any document or notice required to be delivered pursuant to this Agreement, any other Margin Loan Documentation Agreement or any communication pursuant to, or directly related to, in connection with this Agreement or any other Margin Loan Documentation, including any Platform (each, each a “Communication”) without first notifying such Lender in writing that the Communication that it is about to deliver contains Material Nonpublic Information and such Lender has confirmed that it wishes to receive such information and instructed the Borrower or General Partner, as the case may be, to whom such information shall be delivered. If such Lender refuses to receive such Material Nonpublic Information, the Borrower or General Partner, as the case may be, shall only deliver the Communication to the extent that it does not contain Material Nonpublic Information, in delivering any Communicationwhich event the Borrower or General Partner, as the case may be, shall not be deemed to have breached the covenant contained in this Section. Absent such notification of the Borrower or General Partner, as the case may be, the Borrower or General Partner, as the case may be, shall be deemed to have represented that any such Communication contains no such Material Nonpublic Information; provided, however, that this Section 5.06 shall not prohibit . Each of the Borrower or its Affiliates from disclosing Material Nonpublic Information to any Lender, any Agent or their Affiliates in connection with advisory services provided by such Lender, such Agent or Affiliate if Borrower reasonably believes that such Lender, such Agent or Affiliate has implemented appropriate information walls in respect of such Material Nonpublic Information. Notwithstanding anything to and the contrary in the Margin Loan Documentation, Borrower General Partner acknowledges and agrees that if any Lender or any of such Lxxxxx’s its Affiliates receives from Borrower it any Material Nonpublic Information (other than pursuant to the consent of such Lender described above) at any time in connection with this Agreement or any other Margin Loan Documentationtime, such Lender or such Affiliate shall not have any duty of confidentiality to Borrower and may disclose such Material Nonpublic Information publicly, to any potential purchaser of the Collateral or to any other Person.

Appears in 1 contract

Samples: Margin Loan Agreement (H.I.G.-GPII, Inc.)

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