Common use of Public/Private Clause in Contracts

Public/Private. (i) Each Credit Party hereby authorizes the Administrative Agent to distribute (A) to Public Xxxxxx all Communications that the Borrower identifies in writing as containing no MNPI (“Public Side Communications”), and the Borrower represents and warrants that no such Public Side Communications contain any MNPI, and, at the reasonable written request of the Administrative Agent, the Borrower shall use commercially reasonable efforts to identify Public Side Communications by clearly and conspicuously marking the same as “PUBLIC”; and (B) to Private Xxxxxx all Communications other than Public Side Communications (such Communications, “Private Side Communications”). The Borrower agrees to designate as Private Side Communications only those Communications or portions thereof that it reasonably believes in good faith constitute MNPI, and agrees to use commercially reasonable efforts not to designate any Communications provided under Sections 5.01(a), (b) and (c) as Private Side Communications. “

Appears in 3 contracts

Samples: Credit Agreement (Cvent Holding Corp.), Credit Agreement (Ping Identity Holding Corp.), Credit Agreement (Roaring Fork Holding, Inc.)

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Public/Private. (i) Each Credit Party hereby authorizes the Administrative Agent to distribute (A) to Public Xxxxxx (as defined below) all Communications that the Borrower Representative identifies in writing as containing contains no MNPI (“Public Side Communications”), and the Borrower represents Borrowers represent and warrants warrant that no such Public Side Communications contain any MNPIMNPI (as defined below), and, at the reasonable written request of the Administrative Agent, the Borrower Representative shall use commercially reasonable efforts to identify Public Side Communications by clearly and conspicuously marking the same as “PUBLIC”; and (B) to Private Xxxxxx (as defined below) all Communications other than Public Side Communications (such Communications, “Private Side Communications”). The Borrower Representative agrees to designate as Private Side Communications only those Communications or portions thereof that it they reasonably believes believe in good faith constitute MNPI, and agrees agree to use commercially reasonable efforts not to designate any Communications provided under Sections 5.01(aSection 5.01(b), (bc) and (cd) as Private Side Communications. “

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Priority Technology Holdings, Inc.), Credit and Guaranty Agreement (Priority Technology Holdings, Inc.)

Public/Private. (i) Each Credit Party hereby authorizes the Administrative Agent to distribute (A) to Public Xxxxxx all Communications that the Borrower identifies in writing as containing no MNPI (“Public Side Communications”), and the Borrower represents and warrants that no such Public Side Communications contain any MNPI, and, at the reasonable written request of the Administrative Agent, the Borrower shall use commercially reasonable efforts to identify Public Side Communications by clearly and conspicuously marking the same as “PUBLIC”; and (B) to Private Xxxxxx all Communications other than Public Side Communications (such Communications, “Private Side Communications”). The Borrower agrees to designate as Private Side Communications only those Communications or portions thereof that it reasonably believes in good faith constitute contains MNPI, and agrees to use commercially reasonable efforts not to designate any Communications provided under Sections 5.01(a), (b) and (c) as Private Side Communications. “

Appears in 2 contracts

Samples: Second Lien Credit Agreement (Allvue Systems Holdings, Inc.), First Lien Credit Agreement (Allvue Systems Holdings, Inc.)

Public/Private. (i68) Each Credit Party hereby authorizes the Administrative Agent to distribute (A) to Public Xxxxxx (as defined below) all Communications that the Borrower Representative identifies in writing as containing contains no MNPI (“Public Side Communications”), and the Borrower represents Borrowers represent and warrants warrant that no such Public Side Communications contain any MNPIMNPI (as defined below), and, at the reasonable written request of the Administrative Agent, the Borrower Representative shall use commercially reasonable efforts to identify Public Side Communications by clearly and conspicuously marking the same as “PUBLIC”; and (B) to Private Xxxxxx (as defined below) all Communications other than Public Side Communications (such Communications, “Private Side Communications”). The Borrower Representative agrees to designate as Private Side Communications only those Communications or portions thereof that it they reasonably believes believe in good faith constitute MNPI, and agrees agree to use commercially reasonable efforts not to designate any Communications provided under Sections 5.01(aSection 5.01(b), (bc) and (cd) as Private Side Communications. “

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Priority Technology Holdings, Inc.)

Public/Private. (i) Each Credit Party hereby authorizes the Administrative Agent to distribute (A) to Public Xxxxxx Sxxxxx (as defined below) all Communications that the Borrower Representative identifies in writing as containing contains no MNPI (“Public Side Communications”), and the Borrower represents Borrowers represent and warrants warrant that no such Public Side Communications contain any MNPIMNPI (as defined below), and, at the reasonable written request of the Administrative Agent, the Borrower Representative shall use commercially reasonable efforts to identify Public Side Communications by clearly and conspicuously marking the same as “PUBLIC”; and (B) to Private Xxxxxx Sxxxxx (as defined below) all Communications other than Public Side Communications (such Communications, “Private Side Communications”). The Borrower Representative agrees to designate as Private Side Communications only those Communications or portions thereof that it they reasonably believes believe in good faith constitute MNPI, and agrees agree to use commercially reasonable efforts not to designate any Communications provided under Sections 5.01(aSection 5.01(b), (bc) and (cd) as Private Side Communications. “

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Priority Technology Holdings, Inc.)

Public/Private. (i) Each Credit Party hereby authorizes the Administrative Agent to distribute (A) to Public Xxxxxx all Communications that the Borrower identifies Borrowers identify in writing as containing no MNPI (“Public Side Communications”), and the Borrower represents Borrowers represent and warrants warrant that no such Public Side Communications contain any MNPI, and, at the reasonable written request of the Administrative Agent, the Borrower Borrowers shall use commercially reasonable efforts to identify Public Side Communications by clearly and conspicuously marking the same as “PUBLIC”; and (B) to Private Xxxxxx all Communications other than Public Side Communications (such CommunicationsCommunications , “Private Side Communications”). The Borrower agrees Borrowers agree to designate as Private Side Communications only those Communications or portions thereof that it reasonably believes in good faith constitute MNPI, and agrees to use all commercially reasonable efforts not to designate any Communications provided under Sections 5.01(a), (b) and (c) as Private Side Communications. “

Appears in 1 contract

Samples: Credit Agreement (Nutrition Topco, LLC)

Public/Private. (i) Each Credit Party hereby authorizes the Administrative Agent to distribute (A) to Public Xxxxxx all Communications that the Borrower Agent identifies in writing as containing no MNPI (“Public Side Communications”), and the Borrower Agent represents and warrants that no such Public Side Communications contain any MNPI, and, at the reasonable written request of the Administrative Agent, the Borrower Agent shall use commercially reasonable efforts to identify Public Side Communications by clearly and conspicuously marking the same as “PUBLIC”; and (B) to Private Xxxxxx all Communications other than Public Side Communications (such Communications, “Private Side Communications”). The Borrower Agent agrees to designate as Private Side Communications only those Communications or portions thereof that it reasonably believes in good faith constitute contain MNPI, and agrees to use commercially reasonable efforts not to designate any Communications provided under Sections 5.01(a), (b) and (c) as Private Side Communications. “

Appears in 1 contract

Samples: Second Lien Credit Agreement (Solera Corp.)

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Public/Private. (i) Each Credit Party hereby authorizes the Administrative Agent to distribute (A) to Public Xxxxxx Sxxxxx (as defined below) all Communications that the Borrower identifies in writing as containing contains no MNPI (“Public Side Communications”), and the Borrower represents and warrants that no such Public Side Communications contain any MNPIMNPI (as defined below), and, at the reasonable written request of the Administrative Agent, the Borrower shall use commercially reasonable efforts to identify Public Side Communications by clearly and conspicuously marking the same as “PUBLIC”; and (B) to Private Xxxxxx Sxxxxx (as defined below) all Communications other than Public Side Communications (such Communications, “Private Side Communications”). The Borrower agrees to designate as Private Side Communications only those Communications or portions thereof that it they reasonably believes believe in good faith constitute MNPI, and agrees agree to use commercially reasonable efforts not to designate any Communications provided under Sections 5.01(aSection 5.01(b), (bc) and (cd) as Private Side Communications. “

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Priority Technology Holdings, Inc.)

Public/Private. (i) Each Credit Party hereby authorizes the Administrative Agent to distribute (A) to Public Xxxxxx (as defined below) all Communications that the Borrower identifies in writing as containing contains no MNPI (“Public Side Communications”), and the Borrower represents and warrants that no such Public Side Communications contain any MNPIMNPI (as defined below), and, at the reasonable written request of the Administrative Agent, the Borrower shall use commercially reasonable efforts to identify Public Side Communications by clearly and conspicuously marking the same as “PUBLIC”; and (B) to Private Xxxxxx (as defined below) all Communications other than Public Side Communications (such Communications, “Private Side Communications”). The Borrower agrees to designate as Private Side Communications only those Communications or portions thereof that it they reasonably believes believe in good faith constitute MNPI, and agrees agree to use commercially reasonable efforts not to designate any Communications provided under Sections 5.01(aSection 5.01(b), (bc) and (cd) as Private Side Communications. “

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Priority Technology Holdings, Inc.)

Public/Private. (i) Each Credit Party hereby authorizes the Administrative Agent to distribute (A) to Public Xxxxxx all Communications that the Borrower identifies in writing as containing no MNPI (“Public Side Communications”), and the Borrower represents and warrants that no such Public Side Communications contain any MNPI, and, at the reasonable written request of the Administrative Agent, the Borrower shall use commercially reasonable efforts to identify Public Side Communications by clearly and conspicuously marking the same as “PUBLIC”; and (B) to Private Xxxxxx all Communications other than Public Side Communications (such Communications, “Private Side Communications”). The Borrower agrees to designate as Private Side Communications only those Communications or portions thereof that it reasonably believes in good faith constitute contain MNPI, and agrees to use commercially reasonable efforts not to designate any Communications provided under Sections 5.01(a), (b) and (c) as Private Side Communications. “

Appears in 1 contract

Samples: Credit Agreement (Ping Identity Holding Corp.)

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