Common use of Records; Confidentiality Clause in Contracts

Records; Confidentiality. The Advisor shall maintain appropriate books of accounts and records relating to services performed under this Agreement, and such books of account and records shall be accessible for inspection by representatives of the Company or any Subsidiary at any time during normal business hours upon reasonable advance notice. The Advisor shall keep confidential any and all information obtained in connection with the services rendered under this Agreement and shall not disclose any such information (or use the same except in furtherance of its duties under this Agreement) to any Person other than to (i) its Affiliates, officers, directors, employees, agents, representatives or advisor who need to know such confidential information for the purpose of rendering services hereunder; (ii) with the prior written consent of the Board of Directors; (iii) to legal counsel, accountants and other professional advisors to the Company; (iv) to appraisers, financing sources and others in the ordinary course of the Company’s business; (v) pursuant to the order of governmental officials having jurisdiction over the Company or any Subsidiary; (vi) in connection with any governmental or regulatory filings of the Company or any Subsidiary or disclosure or presentations to the Company’s stockholders or prospective stockholders; (vii) as required by law or legal process to which the Advisor or any Person to whom disclosure is permitted hereunder is a party; (viii) to the extent reasonably required to perform the services under this Agreement; or (ix) to the extent such information is otherwise publicly available. The foregoing shall not apply to information that has previously become publicly available through the actions of a Person other than the Advisor not resulting from the Advisor’s violation of this Section 6. The provisions of this Section 6 shall survive the expiration or earlier termination of this Agreement for a period of one year. The Advisor shall cause its agents, representatives and subcontractors to keep confidential any such information to the same degree set forth in this Section 6; provided that with respect to trade secrets, the obligations under this Section 6 shall survive indefinitely.

Records; Confidentiality. The Advisor Manager shall maintain appropriate books of accounts and records relating to services performed under this Agreement, and such books of account and records shall be accessible for inspection by representatives of the Company or any Subsidiary at any time during normal business hours upon reasonable advance notice. The Advisor Manager shall keep confidential any and all information obtained in connection with the services rendered under this Agreement and shall not disclose any such information (or use the same except in furtherance of its duties under this Agreement) to any Person other than to unaffiliated third parties except (i) its Affiliates, officers, directors, employees, agents, representatives or advisor who need to know such confidential information for the purpose of rendering services hereunder; (ii) with the prior written consent of the Board of Directors; (iiiii) to legal counsel, accountants and other professional advisors to the Companyadvisors; (iviii) to appraisers, financing sources and others in the ordinary course of the Company’s business; (viv) pursuant to the order of governmental officials having jurisdiction over the Company or any Subsidiary; (viv) in connection with any governmental or regulatory filings of the Company Company, a Series or any Subsidiary or disclosure or presentations to the Company’s stockholders Shareholders or prospective stockholdersShareholders; (viivi) as required by law or legal process to which the Advisor Manager or any Person to whom disclosure is permitted hereunder is a party; (viii) to the extent reasonably required to perform the services under this Agreement; or (ixvii) to the extent such information is otherwise publicly available. The foregoing shall not apply to information that which has previously become publicly available through the actions of a Person Person, other than the Advisor Manager, not resulting from the AdvisorManager’s violation of this Section 6. The provisions of this Section 6 shall survive the expiration or earlier termination of this Agreement for a period of one year. The Advisor shall cause its agents, representatives and subcontractors to keep confidential any such information to the same degree set forth in this Section 6; provided that with respect to trade secrets, the obligations under this Section 6 shall survive indefinitely.

Records; Confidentiality. The Advisor Manager shall maintain appropriate books of accounts and records relating to services performed under this Agreement, and such books of account and records shall be accessible for inspection by representatives of the Company or any Subsidiary Entities at any time during normal business hours upon reasonable advance notice. The Advisor Manager shall keep confidential any and all information obtained in connection with the services rendered under this Agreement and shall not disclose any such information (or use the same except in furtherance of its duties under this Agreement) to any Person other than to unaffiliated third parties except (i) its Affiliates, officers, directors, employees, agents, representatives or advisor who need to know such confidential information for the purpose of rendering services hereunder; (ii) with the prior written consent of the Board of Directors; (iiiii) to legal counsel, accountants and other professional advisors to the Company; (iviii) to appraisers, financing sources and others in the ordinary course of the Company’s business; (viv) pursuant to the order of governmental officials having jurisdiction over the any Company or any SubsidiaryEntity; (viv) in connection with any governmental or regulatory filings of the Company or any Subsidiary Entities or disclosure or presentations to the Company’s stockholders or prospective stockholders; (viivi) as required by law or legal process to which the Advisor Manager or any Person to whom disclosure is permitted hereunder is a party; or (viiivii) to the extent reasonably required to perform the services under this Agreement; Agreement or (ix) to otherwise in connection with the extent such information is otherwise publicly availablebusiness or assets of the Company Entities. The foregoing shall not apply to information that which has previously become publicly available through the actions of a Person other than the Advisor Manager not resulting from the AdvisorManager’s violation of this Section 67. The provisions of this Section 6 7 shall survive the expiration or earlier termination of this Agreement for a period of one yearthree years. The Advisor Manager shall cause its agents, representatives and subcontractors to keep confidential any such information to the same degree set forth in this Section 6; provided that with respect to trade secrets, the obligations under this Section 6 shall survive indefinitely7.

Records; Confidentiality. The Advisor shall maintain appropriate books of accounts and records relating to services performed under this Agreementhereunder, and such books of account and records shall be accessible for inspection by representatives of the Company or any Subsidiary at any time during normal business hours upon reasonable advance noticehours. The Advisor shall keep confidential any and all information non-public information, written or oral, obtained by it in connection with the services rendered under this Agreement hereunder (“Confidential Information”) and shall not disclose any such information (Confidential Information, in whole or use the same except in furtherance of its duties under this Agreement) part, to any Person other than to (i) its Affiliates, officers, directors, employees, agentsagents or representatives (collectively, representatives or advisor “Representatives”) who need to know such confidential information Confidential Information for the purpose of rendering services hereunder; hereunder or with the consent of the Company. The Advisor agrees to inform each of its Representatives of the non-public nature of the Confidential Information and to direct such Persons to treat such Confidential Information in accordance with the terms hereof. Nothing herein shall prevent the Advisor from disclosing Confidential Information (i) upon the order of any court or administrative agency, (ii) with upon the prior written consent of the Board of Directors; request or demand of, or pursuant to any law or regulation, any regulatory agency or authority, (iii) to legal counsel, accountants and other professional advisors to the Company; (iv) to appraisers, financing sources and others in the ordinary course of the Company’s business; (v) pursuant to the order of governmental officials having jurisdiction over the Company or any Subsidiary; (vi) in connection with any governmental or regulatory filings of the Company or any Subsidiary or disclosure or presentations to the Company’s stockholders or prospective stockholders; (vii) as required by law or legal process to which the Advisor or any Person to whom disclosure is permitted hereunder is a party; (viii) to the extent reasonably required to perform in connection with the services under this Agreement; exercise of any remedy hereunder, or (ixiv) to the extent such information is otherwise publicly available. The foregoing shall not apply to information that has previously become publicly available through the actions of a Person other than the Advisor not resulting from the Advisor’s violation of this Section 6. The provisions of this Section 6 shall survive the expiration its legal counsel or earlier termination of this Agreement for a period of one year. The Advisor shall cause its agentsindependent auditors; provided, representatives and subcontractors to keep confidential any such information to the same degree set forth in this Section 6; provided however that with respect to trade secretsclauses (i) and (ii), it is agreed that the Advisor will provide the Company with prompt written notice of such order, request or demand so that the Company may seek an appropriate protective order and/or waive the Advisor’s compliance with the provisions of this Agreement. If, failing the entry of a protective order or the receipt of a waiver hereunder, the obligations Advisor is, in the opinion of counsel, required to disclose Confidential Information, the Advisor may disclose only that portion of such information that its counsel advises is legally required without liability hereunder; provided, that the Advisor agrees to exercise its best efforts to obtain reliable assurance that confidential treatment will be accorded such information. Notwithstanding anything herein to the contrary, each of the following shall be deemed to be excluded from provisions hereof: any Confidential Information that (A) is available to the public from a source other than the Advisor, (B) is released in writing by the Company to the public or to persons who are not under this Section 6 shall survive indefinitelysimilar obligation of confidentiality to the Company, or (C) is obtained by the Advisor from a third-party without breach by such third-party of an obligation of confidence with respect to the Confidential Information disclosed.

Records; Confidentiality. The Advisor Manager shall maintain appropriate books of accounts account and records relating to services performed under this Agreement, and such books of account and records shall be accessible for inspection by representatives of the Company or any Subsidiary Managed Entities at any time during normal business hours upon reasonable one (1) business day’s advance written notice. The Advisor Manager shall keep confidential any and all information obtained in connection with the services rendered under this Agreement and shall not disclose any such information to nonaffiliated Persons (or use the same except in furtherance of its duties under this Agreement) to any Person other than to except (i) its Affiliates, officers, directors, employees, agents, representatives or advisor who need to know such confidential information for the purpose of rendering services hereunder; (ii) with the prior written consent of the Board of Directors; General Partner, (iiiii) to legal counsel, accountants and other professional advisors to the Companyadvisors; (iviii) to appraisers, financing sources and others in the ordinary course of the Company’s businessBusiness; (viv) pursuant to the order of governmental officials having jurisdiction over the Company Partnership or any Subsidiarythe Managed Entities; (viv) in connection with any governmental or regulatory filings of any of the Company or any Subsidiary Managed Entities or disclosure or presentations to any of the Company’s stockholders Managed Entities’ investors; or prospective stockholders; (viivi) as required by law or legal process to which the Advisor Manager or any Person to whom disclosure is permitted hereunder is a party; (viii) to the extent reasonably required to perform the services under this Agreement; or (ix) to the extent such information is otherwise publicly available. The foregoing shall not apply to information that which has previously become publicly available through the actions of a Person other than the Advisor not resulting from Manager or any other Person to which the Advisor’s violation Manager makes disclosure in accordance with the terms of this Section SECTION 6. The provisions of this Section SECTION 6 shall survive the expiration or earlier termination of this Agreement for a period of one year. The Advisor shall cause its agents, representatives and subcontractors to keep confidential any such information to the same degree set forth in this Section 6; provided that with respect to trade secrets, the obligations under this Section 6 shall survive indefinitely.

Records; Confidentiality. (a) The Advisor Collateral Manager shall maintain or cause to be maintained appropriate books of accounts account and records in accordance with GAAP relating to services performed under this Agreementhereunder, and such books of account and records and the Related Contracts shall be accessible for inspection and copying by representatives of the Company Borrower, the Collateral Agent and the Administrative Agent, or their designees (at the Borrower’s expense, in the case of not more than one inspection during any Subsidiary at any time fiscal year except during the continuance of an Event of Default), upon reasonable advance notice and during normal business hours hours, provided that (i) any expenses incurred by the Borrower hereunder shall be reasonable and documented and (ii) the Collateral Manager shall not be required to disclose any information which it is required by law or contract to keep confidential, provided further, that, rights under this Section 6(a) may be exercised by any and all of the Persons entitled to do so upon reasonable advance noticeprior notice to the Collateral Manager and as often as may reasonably be desired and, except during the continuance of an Event of Default, only one such visit per annum shall be at the Borrower’s expense. The Advisor Collateral Manager shall keep confidential any and all such information obtained in connection with the services rendered under this Agreement hereunder and shall not disclose any such information (to third parties that are not Affiliates of the Collateral Manager or use the same Borrower except in furtherance of its duties under this Agreement) to any Person other than to (i) its Affiliates, officers, directors, employees, agents, representatives or advisor who need to know such confidential information for the purpose of rendering services hereunder; (ii) with the prior written consent of the Board Borrower, (ii) such information as the Rating Agency shall request in connection with the rating of Directors; the Loans and Collateral Loans or any Credit Estimate, (iii) to legal counselas required by law, accountants regulation, court order, request by a governmental regulatory agency with jurisdiction over the Collateral Manager or the rules or regulations of any self-regulating organization, body or official having jurisdiction over the Collateral Manager or as required by the rules and other professional advisors to regulations of any stock exchange on which the Company; Loans may be listed, (iv) to appraisersits shareholders and its professional advisors, financing sources and others in the ordinary course of the Company’s business; (v) pursuant to as expressly permitted in the order of governmental officials having jurisdiction over the Company Credit Agreement or in any Subsidiary; other Loan Document, (vi) in connection with any governmental or regulatory filings of the Company or any Subsidiary or disclosure or presentations to the Company’s stockholders or prospective stockholders; (vii) as required by law or legal process to which the Advisor or any Person to whom disclosure is permitted hereunder is a party; (viii) to the extent reasonably required to perform necessary in connection with the services duties or rights of the Collateral Manager hereunder, under this Agreement; the Credit Agreement or under any other Loan Document, (ixvii) to the extent set forth in the second succeeding sentence, in connection with other transactions managed or to be managed by the Collateral Manager or its Affiliates or an assessment by others of the Collateral Manager or its Affiliates performance or investment management business or (viii) such information is otherwise as shall have been publicly available. The foregoing shall not apply to information that has previously become publicly available through the actions of a Person disclosed other than the Advisor not resulting from the Advisor’s in violation of this Agreement. For purposes of this Section 6, the Lenders, prospective Lenders, the Administrative Agent, or the Collateral Agent shall in no event be considered “third parties that are not Affiliates of the Collateral Manager or the Borrower.” Notwithstanding anything to the contrary herein, the Collateral Manager and its Affiliates shall have the right to disclose the Collateral Manager’s performance with respect to the Collateral owned by the Borrower from time to time in connection with the marketing of other portfolios, funds and accounts managed or to be managed by the Collateral Manager or any of its Affiliates. (b) Notwithstanding anything herein to the contrary, the Collateral Manager (and each of the employees, personnel, representatives, or other agents of the Collateral Manager) may disclose to any and all other Persons, without limitations of any kind, the tax treatment and tax structure of the transactions described here (including the ownership and disposition of the Loans) and all materials of any kind (including opinions or other tax analyses) that are provided to the Collateral Manager relating to such tax treatment and tax structure. The provisions of this Section 6 shall survive the expiration or earlier termination of this Agreement for a period of one year. The Advisor shall cause its agents, representatives and subcontractors to keep confidential However any such information relating to the same degree set forth tax treatment or tax structure is required to be kept confidential to the extent reasonably necessary to comply with applicable federal or state securities law. For purposes of this paragraph, the terms “tax treatment” and “tax structure” have the meaning given to such terms under U.S. Treasury Regulation Section 1.6011-4(c) and applicable state and local law. (c) If requested by the Majority Lenders on or after the Warehouse Closing Date, the Collateral Manager agrees that representatives of the Majority Lenders (or an independent third party auditing firm selected by the Majority Lenders) shall (at the Borrower’s expense) conduct an audit and/or field examination of the Collateral Manager, at reasonable times in this Section 6a manner so as to not unduly disrupt the business of the Collateral Manager, for the purpose of examining the servicing and administration of the Collateral Loans, the results of which audit and/or field examination shall be promptly provided to the Lenders; provided that with respect to trade secretsno more than one such audit or field examination shall be conducted during any fiscal year of the Collateral Manager. (d) If requested by the Administrative Agent or the Majority Lenders on or after the Warehouse Closing Date, the obligations under this Collateral Manager shall participate in a meeting with the Administrative Agent and the Lenders requested pursuant to Section 6 shall survive indefinitely5.6(c) of the Credit Agreement.

Records; Confidentiality. The Advisor Collateral Manager shall maintain appropriate books of accounts account and records relating to services performed under this Agreementhereunder, and such books of account and records shall be accessible for inspection by representatives a representative of the Company, the Counterparty, and independent accountants appointed by the Company or any Subsidiary at any a mutually agreed time during normal business hours and upon reasonable advance not less than three (3) Business Days’ prior notice. At no time will the Collateral Manager make a public announcement concerning the Global Master Repurchase Agreement, the Collateral Manager’s role hereunder or any other aspect of the transactions contemplated by this Agreement and the Global Master Repurchase Agreement absent the written consent of the Company. The Advisor Collateral Manager shall, and shall cause its affiliates to, keep confidential any and all information obtained in connection with the services rendered under this Agreement hereunder and shall not disclose any such information (or use the same to non-affiliated third parties except in furtherance of its duties under this Agreement) to any Person other than to (i) its Affiliates, officers, directors, employees, agents, representatives or advisor who need to know such confidential information for the purpose of rendering services hereunder; (ii) with the prior written consent of the Board Company, (ii) as required by law, regulation, court order or the rules or regulations of Directors; any self regulating organization, body or official having jurisdiction over the Collateral Manager, (iii) to legal counselits professional advisers, accountants and other professional advisors to the Company; (iv) to appraiserssuch information as shall have been publicly disclosed other than in violation of this Agreement, financing sources and others in the ordinary course of the Company’s business; (v) pursuant to the order identification of governmental officials having jurisdiction over the Company or any Subsidiary; as a client of the Collateral Manager, (vi) information related to the performance of the Collateral Manager, (vii) information furnished in connection with any governmental successor collateral manager or regulatory filings assignee, or any agent that has been assigned duties in accordance with this Agreement, or (viii) such information that was or is obtained by the Collateral Manager on a non-confidential basis; provided that the Collateral Manager does not know or have reason to know, after due inquiry, of any breach by such source of any confidentiality obligations with respect thereto. For purposes of this Section 9, the Counterparty shall in no event be considered a “non-affiliated third party,” and the Collateral Manager may disclose any of the Company or any Subsidiary or disclosure or presentations aforementioned information to the Counterparty insofar as such information relates to the Company’s stockholders or prospective stockholders; (vii) as required by law or legal process to which the Advisor or any Person to whom disclosure is permitted hereunder is a party; (viii) to the extent reasonably required to perform the services under this Agreement; or (ix) to the extent such information is otherwise publicly available. The foregoing shall not apply to information that has previously become publicly available through the actions performance of a Person other than the Advisor not resulting from the Advisor’s violation of this Section 6. The provisions of this Section 6 shall survive the expiration or earlier termination of this Agreement for a period of one year. The Advisor shall cause its agents, representatives and subcontractors to keep confidential any such information to the same degree set forth in this Section 6; provided that with respect to trade secrets, the obligations under this Section 6 shall survive indefinitelythe Global Master Repurchase Agreement.

Records; Confidentiality. (a) The Advisor Asset Manager shall maintain appropriate and preserve the books of accounts and records relating to services performed under this Agreementof the Company and its Subsidiaries (including accounting and reporting systems), and such books of account and records shall be accessible for inspection by the General Partner or representatives of Parent, the Company or any Subsidiary of its Subsidiaries at any time during normal business hours upon reasonable advance written notice. . (b) The Advisor Asset Manager shall keep confidential any and all information regarding Parent, the Company or its Subsidiaries obtained in connection with the services Services rendered under this Agreement (“Confidential Information”) and shall not disclose any such information Confidential Information (or use the same except in furtherance of its duties under this Agreement) to any Person other than to unaffiliated third parties except (i) its Affiliates, officers, directors, employees, agents, representatives or advisor who need to know such confidential information for the purpose of rendering services hereunder; (ii) with the prior written consent of the Board of DirectorsCompany Board; (iiiii) to legal counsel, accountants and other professional advisors to the Companyadvisors; (iviii) to appraisers, financing sources and others in the ordinary course of business of Parent, the Company’s businessCompany and its Subsidiaries; (viv) pursuant to the order of governmental officials having jurisdiction over Parent, the Company or any Subsidiaryof its Subsidiaries; (viv) in connection with any governmental or regulatory filings of Parent, the Company or any Subsidiary of its Subsidiaries or disclosure or presentations to the CompanyParent’s stockholders equity holders or prospective stockholdersequity holders; (viivi) as required by law or legal process to which the Advisor or any Person to whom disclosure is permitted hereunder is a party; (viii) to the extent reasonably required to perform the services under this Agreementapplicable Law; or (ixvii) to the extent such information is otherwise publicly available. The foregoing Notwithstanding anything herein to the contrary, each of the following shall not apply be deemed to information be excluded from the provisions hereof any Confidential Information that (A) has previously become publicly available through the actions of a Person other than the Advisor not resulting from Asset Manager, (B) is released in writing by CTT, Parent, the Advisor’s violation Company or any of this Section 6. The provisions of this Section 6 shall survive the expiration or earlier termination of this Agreement for a period of one year. The Advisor shall cause its agents, representatives and subcontractors to keep confidential any such information Subsidiaries to the same degree set forth in this Section 6; provided that public or (C) is obtained by the Asset Manager from a third party without breach by such third party of an obligation of confidence with respect to trade secrets, the obligations under this Section 6 shall survive indefinitelyConfidential Information disclosed.

Records; Confidentiality. The Advisor Collateral Manager shall maintain appropriate books of accounts account and records relating to services performed under this Agreementhereunder, and such books of account and records shall be accessible for inspection by representatives a representative of the Company or any Subsidiary at any time during normal business hours upon reasonable advance noticeIssuer, the Co-Issuer and the Trustee. The Advisor Collateral Manager shall, and shall cause its Affiliates to, keep confidential any and all information obtained in connection with the services rendered under this Agreement hereunder and shall not disclose any such information (or use the same to non-affiliated third parties except in furtherance of its duties under this Agreement) to any Person other than to (i) its Affiliates, officers, directors, employees, agents, representatives or advisor who need to know such confidential information for the purpose of rendering services hereunder; (ii) with the prior written consent of the Board Issuer, (ii) such information as the Rating Agencies shall reasonably request in connection with the acquisition and disposition of Directors; Collateral Interests, (iii) to legal counselas requested by a regulatory authority or otherwise required by law, accountants and other professional advisors to regulation, court order or the Company; (iv) to appraisersrules or regulations of any self-regulating organization, financing sources and others in the ordinary course of the Company’s business; (v) pursuant to the order of governmental officials body or official having jurisdiction over the Company or any Subsidiary; Collateral Manager, (iv) such information as shall have been publicly disclosed other than in violation of this Agreement, (v) general information regarding the performance of the Collateral Interests for use in disclosure documents for future transactions involving the Collateral Manager, (vi) such information as is requested by advisors or other service providers hired by the Collateral Manager in connection with any governmental the performance of its duties under this Agreement or regulatory filings as otherwise required in the reasonable judgment of the Company Collateral Manager, or any Subsidiary or disclosure or presentations to the Company’s stockholders or prospective stockholders; (vii) as required by law or legal process to which the Advisor or any Person to whom disclosure is permitted hereunder is a party; (viii) to the extent reasonably required to perform the services under this Agreement; or (ix) to the extent such information that was or is otherwise publicly availableobtained by the Collateral Manager on a non-confidential basis; provided that the Collateral Manager does not know of any breach by such source of any confidentiality obligations with respect thereto. The foregoing shall not apply to information that has previously become publicly available through the actions of a Person other than the Advisor not resulting from the Advisor’s violation For purposes of this Section 6. The provisions 11, the Noteholders, Holders of this Section 6 shall survive the expiration or earlier termination Preferred Shares, prospective purchasers of this Agreement for a period Notes and/or Preferred Shares, prospective sellers and purchasers of one year. The Advisor shall cause its agentsCollateral Interests, representatives and subcontractors to keep confidential any such information all parties to the same degree set forth in this Section 6; provided that with respect to trade secretsIndenture, the obligations under Preferred Shares Agreement and this Section 6 Agreement, and any of their directors, officers, members, employees, professional advisors or agents shall survive indefinitelyin no event be considered “non-affiliated third parties.”

Records; Confidentiality. (a) The Advisor Portfolio Manager shall maintain appropriate books of accounts account and records relating to services performed under this Agreementhereunder, and such books of account and records shall be accessible for inspection and copying by representatives of the Company Borrower and of the Administrative Agent, or any Subsidiary at any time their designees, upon reasonable advance notice and during normal business hours upon reasonable advance noticeand at the Borrower’s expense, provided that the Portfolio Manager shall not be required to disclose any information which it is required by law or contract to keep confidential or that does not relate to the Borrower and, provided further, that, so long as no Event of Default has occurred and is continuing under the Loan Agreement, rights under this Section 6(a) may be exercised by any and all of the Persons entitled to do so in the aggregate no more frequently than once in any consecutive 12 month period. The Advisor Portfolio Manager shall keep confidential any and all such information obtained in connection with the services rendered under this Agreement hereunder and shall not disclose any such information (to third parties that are not Affiliates of the Portfolio Manager or use the same Borrower except in furtherance of its duties under this Agreement) to any Person other than to (i) its Affiliates, officers, directors, employees, agents, representatives or advisor who need to know such confidential information for the purpose of rendering services hereunder; (ii) with the prior written consent of the Board Borrower and the Administrative Agent, (ii) as required by law, regulation, court order, request by a governmental regulatory agency with jurisdiction over the Portfolio Manager or the rules or regulations of Directors; any self-regulating organization, body or official having jurisdiction over the Portfolio Manager or any of its or the Borrower’s Affiliates, (iii) to legal counselits professional advisors, accountants and other professional advisors to the Company; (iv) to appraisers, financing sources and others as expressly permitted in the ordinary course of the Company’s business; Loan Agreement or in any other Loan Document, (v) pursuant to the order of governmental officials having jurisdiction over the Company or any Subsidiary; (vi) in connection with any governmental or regulatory filings of the Company or any Subsidiary or disclosure or presentations to the Company’s stockholders or prospective stockholders; (vii) as required by law or legal process to which the Advisor or any Person to whom disclosure is permitted hereunder is a party; (viii) to the extent reasonably required necessary in connection with the duties or rights of the Portfolio Manager hereunder, under the Loan Agreement or under any other Loan Document, (vi) subject to perform the services under second succeeding sentence, in connection with other transactions managed or to be managed by the Portfolio Manager or its Affiliates or an assessment by others of the Portfolio Manager or its Affiliates performance or investment management business or (vii) such information as shall have been publicly disclosed other than in violation of this Agreement; or (ix) to the extent such information is otherwise publicly available. The foregoing shall not apply to information that has previously become publicly available through the actions of a Person other than the Advisor not resulting from the Advisor’s violation For purposes of this Section 6, the Financing Providers, prospective Financing Providers, the Collateral Agent, the Collateral Administrator, the Securities Intermediary, the Administrative Agent or any other party, prospective or otherwise, to an agreement contemplated by the Loan Agreement, shall in no event be considered “third parties that are not Affiliates of the Portfolio Manager or the Borrower.” Notwithstanding anything to the contrary herein, the Portfolio Manager shall have the right to disclose the Portfolio Manager’s performance with respect to the Collateral owned by the Borrower from time to time in connection with the marketing of other portfolios, funds and accounts managed or to be managed by the Portfolio Manager or any of its Affiliates. (b) Notwithstanding anything herein to the contrary, the Portfolio Manager (and each employee, representative, or other agent of the Portfolio Manager) may disclose to any and all other persons, without limitations of any kind, the tax treatment and tax structure of the transactions described here and all materials of any kind (including opinions or other tax analyses) that are provided to the Portfolio Manager relating to such tax treatment and tax structure. The provisions of this Section 6 shall survive the expiration or earlier termination of this Agreement for a period of one year. The Advisor shall cause its agents, representatives and subcontractors to keep confidential However any such information relating to the same degree set forth in tax treatment or tax structure is required to be kept confidential to the extent reasonably necessary to comply with applicable federal or state securities law. For purposes of this Section 6; provided that with respect to trade secretsparagraph, the obligations terms “tax treatment” and “tax structure” have the meaning given to such terms under this United States Treasury Regulation Section 6 shall survive indefinitely1.6011-4(c) and applicable state and local law.

Records; Confidentiality. (a) The Advisor Collateral Manager shall maintain or cause to be maintained appropriate books of accounts account and records in accordance with GAAP relating to services performed under this Agreementhereunder, and such books of account and records and the Related Contracts shall be accessible for inspection and copying by representatives of the Company Borrower, the Collateral Agent and the Facility Agent, or their designees (at the Borrower’s expense, in the case of not more than one inspection during any Subsidiary at any time fiscal year except during the continuance of an Event of Default), upon reasonable advance notice and during normal business hours hours, provided that (i) any expenses incurred by the Borrower hereunder shall be reasonable and documented and (ii) the Collateral Manager shall not be required to disclose any information which it is required by law or contract to keep confidential, provided further, that, rights under this Section 6(a) may be exercised by any and all of the Persons entitled to do so upon reasonable advance noticeprior notice to the Collateral Manager and as often as may reasonably be desired and, except during the continuance of an Event of Default, only one such visit per annum shall be at the Borrower’s expense. The Advisor Collateral Manager shall keep confidential any and all such information obtained in connection with the services rendered under this Agreement hereunder and shall not disclose any such information (to third parties that are not Affiliates of the Collateral Manager or use the same Borrower except in furtherance of its duties under this Agreement) to any Person other than to (i) its Affiliates, officers, directors, employees, agents, representatives or advisor who need to know such confidential information for the purpose of rendering services hereunder; (ii) with the prior written consent of the Board Borrower, (ii) such information as any rating agency shall request in connection with the rating of Directors; Collateral Obligations or any Credit Estimate, (iii) to legal counselas required by law, accountants regulation, court order, request by a governmental regulatory agency with jurisdiction over the Collateral Manager or the rules or regulations of any self-regulating organization, body or official having jurisdiction over the Collateral Manager or as required by the rules and other professional advisors to regulations of any stock exchange on which the Company; Loans may be listed, (iv) to appraisersits shareholders and its professional advisors, financing sources and others in the ordinary course of the Company’s business; (v) pursuant to as expressly permitted in the order of governmental officials having jurisdiction over the Company Credit Agreement or in any Subsidiary; other Loan Document, (vi) in connection with any governmental or regulatory filings of the Company or any Subsidiary or disclosure or presentations to the Company’s stockholders or prospective stockholders; (vii) as required by law or legal process to which the Advisor or any Person to whom disclosure is permitted hereunder is a party; (viii) to the extent reasonably required to perform necessary in connection with the services duties or rights of the Collateral Manager hereunder, under this Agreement; the Credit Agreement or under any other Loan Document, (ixvii) to the extent set forth in the second succeeding sentence, in connection with other transactions managed or to be managed by the Collateral Manager or its Affiliates or an assessment by others of the Collateral Manager or its Affiliates performance or investment management business or (viii) such information is otherwise as shall have been publicly available. The foregoing shall not apply to information that has previously become publicly available through the actions of a Person disclosed other than the Advisor not resulting from the Advisor’s in violation of this Agreement. For purposes of this Section 6, the Senior Lenders, prospective Senior Lenders, the Facility Agent, or the Collateral Agent shall in no event be considered “third parties that are not Affiliates of the Collateral Manager or the Borrower.” Notwithstanding anything to the contrary herein, the Collateral Manager and its Affiliates shall have the right to disclose the Collateral Manager’s performance with respect to the Collateral owned by the Borrower from time to time in connection with the marketing of other portfolios, funds and accounts managed or to be managed by the Collateral Manager or any of its Affiliates. (b) Notwithstanding anything herein to the contrary, the Collateral Manager (and each of the employees, personnel, representatives, or other agents of the Collateral Manager) may disclose to any and all other Persons, without limitations of any kind, the tax treatment and tax structure of the transactions described here (including the ownership and disposition of the Loans) and all materials of any kind (including opinions or other tax analyses) that are provided to the Collateral Manager relating to such tax treatment and tax structure. The provisions of this Section 6 shall survive the expiration or earlier termination of this Agreement for a period of one year. The Advisor shall cause its agents, representatives and subcontractors to keep confidential However any such information relating to the same degree set forth tax treatment or tax structure is required to be kept confidential to the extent reasonably necessary to comply with applicable federal or state securities law. For purposes of this paragraph, the terms “tax treatment” and “tax structure” have the meaning given to such terms under United States Treasury Regulation Section 1.6011-4(c) and applicable state and local law. (c) If requested by the Controlling Parties, the Collateral Manager agrees that representatives of the Controlling Parties (or an independent third party auditing firm selected by the Controlling Parties) shall (at the Borrower’s expense) conduct an audit and/or field examination of the Collateral Manager, at reasonable times in this Section 6a manner so as to not unduly disrupt the business of the Collateral Manager, for the purpose of examining the servicing and administration of the Collateral Obligations, the results of which audit and/or field examination shall be promptly provided to the Senior Lenders; provided that with respect to trade secretsno more than one such audit or field examination shall be conducted during any fiscal year of the Collateral Manager. (d) If requested by the Facility Agent or the Controlling Parties, the obligations under this Collateral Manager shall participate in a meeting with the Facility Agent and the Senior Lenders requested pursuant to Section 6 shall survive indefinitely5.5(c) of the Credit Agreement.

Records; Confidentiality. The Advisor Manager shall maintain appropriate books of accounts and records relating to services performed under this Agreement, and such books of account and records shall be accessible for inspection by representatives of the Company or any Subsidiary at any time during normal business hours upon reasonable two (2) Business Day’s advance written notice. The Advisor Manager shall keep confidential any and all information obtained in connection with the services rendered under this Agreement and shall not disclose any such information (or use the same except in furtherance of its duties under this Agreement) to any Person other than to nonaffiliated third parties except (i) its Affiliates, officers, directors, employees, agents, representatives or advisor who need to know such confidential information for the purpose of rendering services hereunder; (ii) with the prior written consent of the majority of the Board of Directors; , (iiiii) to legal counsel, accountants and other professional advisors to the Companyadvisors; (iviii) to appraisers, financing sources sources, rating agencies, and others in the ordinary course of any of the Company’s Companies’ business; (viv) pursuant to the order of governmental officials having jurisdiction over any of the Company or any SubsidiaryCompanies; (viv) in connection with any governmental or regulatory filings of any of the Company or any Subsidiary Companies or disclosure or presentations to any of the Company’s stockholders Companies’ investors; or prospective stockholders; (viivi) as required by law or legal process to which the Advisor Manager or any Person to whom disclosure is permitted hereunder is a party; (viii) to the extent reasonably required to perform the services under this Agreement; or (ix) to the extent such information is otherwise publicly available. The foregoing shall not apply to information that which has previously become publicly available through the actions of a Person other than the Advisor Manager not resulting from the AdvisorManager’s violation of this Section 6. Notwithstanding anything herein to the contrary, the Manager (and each employee, representative or other agent of the Manager) may disclose to any and all persons, without limitation of any kind, the tax treatment and tax structure of the Companies and any of their transactions and all materials of any kind (including opinions or other tax analyses) that are provided to the Manager relating to such tax treatment and tax structure. The provisions of this Section 6 shall survive the expiration or earlier termination of this Agreement for a period of one year. The Advisor shall cause its agents, representatives and subcontractors to keep confidential any such information to the same degree set forth in this Section 6; provided that with respect to trade secrets, the obligations under this Section 6 shall survive indefinitely.

Records; Confidentiality. The Advisor Administrative Agent shall maintain appropriate books of accounts and records relating to services performed under this Agreementthe Services, and such books of account and records shall be accessible for inspection by representatives of the Company Company, the A-1 Series, the General Partners or any Subsidiary at any time during normal business hours upon reasonable advance notice. The Advisor Administrative Agent shall keep confidential any and all information obtained in connection with the services rendered under this Agreement Services and shall not disclose any such information (or use the same except in furtherance of its duties under this Agreement) to any Person other than to unaffiliated third parties except (i) its Affiliates, officers, directors, employees, agents, representatives or advisor who need to know such confidential information for the purpose of rendering services hereunder; (ii) with the prior written consent of the Board of DirectorsDirectors or the General Partners, as applicable; (iiiii) to legal counsel, accountants and other professional advisors engaged to provide services to the CompanyA-1 Series or the Subsidiaries; (iviii) to appraisers, financing sources and others in the ordinary course of the Company’s A-1 Series' or the Subsidiaries' business; (viv) pursuant to the order of governmental officials having jurisdiction over the Company Company, the A-1 Series, the General Partners or any Subsidiary; (viv) in connection with any governmental or regulatory filings of the Company Company, the A-1 Series, the General Partners or any Subsidiary or disclosure or presentations to the Company’s stockholders 's shareholders or prospective stockholdersshareholders; (viivi) as required by law or legal process to which the Advisor Administrative Agent or any Person to whom disclosure is permitted hereunder is a party; (viii) to the extent reasonably required to perform the services under this Agreement; or (ixvii) to the extent such information is otherwise publicly available. The foregoing shall not apply to information that which has previously become publicly available through the actions of a Person other than the Advisor Administrative Agent not resulting from the Advisor’s Administrative Agent's violation of this Section 6. The provisions of this Section 6 shall survive the expiration or earlier termination of this Agreement for a period of one year. The Advisor shall cause its agents, representatives and subcontractors to keep confidential any such information to the same degree set forth in this Section 6; provided that with respect to trade secrets, the obligations under this Section 6 shall survive indefinitely.

Records; Confidentiality. (a) The Advisor Master Servicer shall maintain appropriate books of accounts account and records relating to services performed under this Agreementhereunder, and such which books of account and records shall be accessible for inspection and copying by representatives of the Company or any Subsidiary Depositor (at any time the Depositor's expense) upon reasonable prior notice during normal business hours upon reasonable advance noticehours. (b) The Master Servicer hereby covenants to hold and treat all Confidential Information in confidence in accordance with this Section 12.13(b). The Advisor shall keep confidential any and all information obtained in connection with the services rendered under this Agreement and shall not disclose any such information (Master Servicer, including its subsidiaries, affiliates, directors, officers, employees, agents or use the same except in furtherance of its duties under this Agreement) to any Person other than to controlling persons, agrees that it (i) its Affiliates, officers, directors, employees, agents, representatives or advisor who need to know such confidential information for shall comply with any applicable laws and regulations regarding the purpose privacy and security of rendering services hereunderConfidential Information; (ii) shall not use Confidential Information in any manner inconsistent with any applicable laws and regulations regarding the privacy and security of such Confidential Information; (iii) shall not disclose Confidential Information to third parties without the prior written consent of the Board Mortgagor other than for the purpose of Directors; (iii) to legal counsel, accountants and taking permitted action under this Agreement or any other professional advisors to the Companyagreement; (iv) shall maintain adequate physical, technical and administrative safeguards to appraisers, financing sources protect Confidential Information from unauthorized access; and others in the ordinary course of the Company’s business; (v) pursuant shall promptly notify the Mortgagor if it has sufficient reason to believe that there has been any breach of the order confidentiality requirements contained in this Section 12.13(b). Disclosure of any Confidential Information by the Master Servicer at the request of its outside auditors or governmental officials having jurisdiction over the Company or any Subsidiary; (vi) regulatory authorities in connection with any governmental or regulatory filings an examination of the Company or Master Servicer by any Subsidiary or disclosure or presentations to the Company’s stockholders or prospective stockholders; (vii) as required by law or legal process to which the Advisor or any Person to whom disclosure is permitted hereunder is a party; (viii) to the extent reasonably required to perform the services under this Agreement; or (ix) to the extent such information is otherwise publicly available. The foregoing authority shall not apply to information that has previously become publicly available through the actions constitute a breach of a Person other than the Advisor not resulting from the Advisor’s violation of this Section 6. The provisions of this Section 6 shall survive the expiration or earlier termination of this Agreement for a period of one year. The Advisor shall cause its agents, representatives and subcontractors to keep confidential any such information to the same degree set forth in this Section 6; provided that with respect to trade secrets, the obligations under this Section 6 12.13(b) and shall survive indefinitelynot require the prior consent of the Mortgagor so long as such disclosure is not in violation of the Right to Financial Privacy Act of 1978, as amended, the Xxxxx-Xxxxx-Xxxxxx Act of 1999 or other applicable law.

Records; Confidentiality. (a) The Advisor Collateral Manager shall maintain appropriate books of accounts account and records relating to services performed under this Agreementhereunder, and such books of account and records shall be accessible for inspection and copying by representatives of the Company Borrower, the Collateral Agent and of the Facility Agent, or any Subsidiary at any time their designees, upon reasonable advance notice and during normal business hours upon reasonable advance noticehours, provided that the Collateral Manager shall not be required to disclose any information which it is required by law or contract to keep confidential unless a confidentiality agreement is otherwise entered into and, provided further, that, so long as no Event of Default has occurred and is continuing under the Credit Agreement, rights under this Section 6(a) may be exercised by any and all of the Persons entitled to do so in the aggregate no more frequently than twice in any consecutive 12 month period and only one such visit per annum shall be at the Borrower’s or the Collateral Manager’s expense. The Advisor Collateral Manager shall keep confidential any and all such information obtained in connection with the services rendered under this Agreement hereunder and shall not disclose any such information (to third parties that are not Affiliates of the Collateral Manager or use the same Borrower except in furtherance of its duties under this Agreement) to any Person other than to (i) its Affiliates, officers, directors, employees, agents, representatives or advisor who need to know such confidential information for the purpose of rendering services hereunder; (ii) with the prior written consent of the Board Borrower, (ii) such information as the Rating Agency shall request in connection with the rating of Directors; the Notes or any Credit Estimate, (iii) to legal counselas required by law, accountants regulation, court order, request by a governmental regulatory agency with jurisdiction over the Collateral Manager or the rules or regulations of any self-regulating organization, body or official having jurisdiction over the Collateral Manager or as required by the rules and other professional advisors to regulations of any stock exchange on which the Company; Notes may be listed, (iv) to appraisersits shareholders and its professional advisors, financing sources and others in the ordinary course of the Company’s business; (v) pursuant to as expressly permitted in the order of governmental officials having jurisdiction over the Company Credit Agreement or in any Subsidiary; other Facility Document, (vi) in connection with any governmental or regulatory filings of the Company or any Subsidiary or disclosure or presentations to the Company’s stockholders or prospective stockholders; (vii) as required by law or legal process to which the Advisor or any Person to whom disclosure is permitted hereunder is a party; (viii) to the extent reasonably required necessary in connection with the duties or rights of the Collateral Manager hereunder, under the Credit Agreement or under any other Facility Document, (vii) subject to perform the services under second succeeding sentence, in connection with other transactions managed or to be managed by the Collateral Manager or its Affiliates or an assessment by others of the Collateral Manager or its Affiliates performance or investment management business or (viii) such information as shall have been publicly disclosed other than in violation of this Agreement; or (ix) to the extent such information is otherwise publicly available. The foregoing shall not apply to information that has previously become publicly available through the actions of a Person other than the Advisor not resulting from the Advisor’s violation For purposes of this Section 6, the Lenders, prospective Lenders, the Facility Agent, the Collateral Agent or any other party, prospective or otherwise, to an agreement contemplated by the Credit Agreement, shall in no event be considered “third parties that are not Affiliates of the Collateral Manager or the Borrower.” Notwithstanding anything to the contrary herein, the Collateral Manager and its Affiliates shall have the right to disclose the Collateral Manager’s performance with respect to the Collateral owned by the Borrower from time to time in connection with the marketing of other portfolios, funds and accounts managed or to be managed by the Collateral Manager or any of its Affiliates. (b) Notwithstanding anything herein to the contrary, the Collateral Manager (and each of the employees, personnel, representatives, or other agents of the Collateral Manager) may disclose to any and all other persons, without limitations of any kind, the tax treatment and tax structure of the transactions described here (including the ownership and disposition of the Notes) and all materials of any kind (including opinions or other tax analyses) that are provided to the Collateral Manager relating to such tax treatment and tax structure. The provisions of this Section 6 shall survive the expiration or earlier termination of this Agreement for a period of one year. The Advisor shall cause its agents, representatives and subcontractors to keep confidential However any such information relating to the same degree set forth in tax treatment or tax structure is required to be kept confidential to the extent reasonably necessary to comply with applicable federal or state securities law. For purposes of this Section 6; provided that with respect to trade secretsparagraph, the obligations terms “tax treatment” and “tax structure” have the meaning given to such terms under this United States Treasury Regulation Section 6 shall survive indefinitely1.6011-4(c) and applicable state and local law.

Records; Confidentiality. (a) The Advisor Master Servicer shall maintain appropriate books of accounts account and records relating to services performed under this Agreementhereunder, and such which books of account and records shall be accessible for inspection and copying by representatives of the Company or any Subsidiary Depositor (at any time the Depositor’s expense) upon reasonable prior notice during normal business hours upon reasonable advance noticehours. (b) The Master Servicer hereby covenants to hold and treat all Confidential Information in confidence in accordance with this Section 9.13(b). The Advisor shall keep confidential any and all information obtained in connection with the services rendered under this Agreement and shall not disclose any such information (Master Servicer, including its subsidiaries, affiliates, directors, officers, employees, agents or use the same except in furtherance of its duties under this Agreement) to any Person other than to controlling persons, agrees that it (i) its Affiliates, officers, directors, employees, agents, representatives or advisor who need to know such confidential information for shall comply with any applicable laws and regulations regarding the purpose privacy and security of rendering services hereunderConfidential Information; (ii) shall not use Confidential Information in any manner inconsistent with any applicable laws and regulations regarding the privacy and security of such Confidential Information; (iii) shall not disclose Confidential Information to third parties without the prior written consent of the Board Mortgagor other than for the purpose of Directors; (iii) to legal counsel, accountants and taking permitted action under this Agreement or any other professional advisors to the Companyagreement; (iv) shall maintain adequate physical, technical and administrative safeguards to appraisers, financing sources protect Confidential Information from unauthorized access; and others in the ordinary course of the Company’s business; (v) pursuant shall promptly notify the Mortgagor if it has sufficient reason to believe that there has been any breach of the order confidentiality requirements contained in this Section 9.13(b). Disclosure of any Confidential Information by the Master Servicer at the request of its outside auditors or governmental officials having jurisdiction over the Company or any Subsidiary; (vi) regulatory authorities in connection with any governmental or regulatory filings an examination of the Company or Master Servicer by any Subsidiary or disclosure or presentations to the Company’s stockholders or prospective stockholders; (vii) as required by law or legal process to which the Advisor or any Person to whom disclosure is permitted hereunder is a party; (viii) to the extent reasonably required to perform the services under this Agreement; or (ix) to the extent such information is otherwise publicly available. The foregoing authority shall not apply to information that has previously become publicly available through the actions constitute a breach of a Person other than the Advisor not resulting from the Advisor’s violation of this Section 6. The provisions of this Section 6 shall survive the expiration or earlier termination of this Agreement for a period of one year. The Advisor shall cause its agents, representatives and subcontractors to keep confidential any such information to the same degree set forth in this Section 6; provided that with respect to trade secrets, the obligations under this Section 6 9.13(b) and shall survive indefinitelynot require the prior consent of the Mortgagor so long as such disclosure is not in violation of the Right to Financial Privacy Act of 1978, as amended, the Gxxxx-Xxxxx-Xxxxxx Act of 1999 or other applicable law.

Records; Confidentiality. The Advisor Manager shall maintain appropriate books of accounts account and records relating to services performed under this Agreementhereunder, and such books of account and records shall be accessible for inspection by duly authorized representatives of the Company or any Subsidiary other designees of the Board of Directors at any time during normal business hours upon reasonable advance noticehours. The Advisor Manager shall provide to the Compensation Committee of the Board of Directors (or if there is no Compensation Committee, to the Board of Directors), copies of its financial statements with respect to its operations related to this Agreement or concerning the Company, on an annual and quarterly basis, with such financial information to be made available at the next regularly scheduled meeting following the completed quarter or year end. The Manager shall keep confidential any and all information obtained it obtains from time to time in connection with the services rendered it renders under this Agreement and shall not disclose any such information (or use the same portion thereof to non-affiliated third parties except in furtherance of its duties under this Agreement) to any Person other than to (i) its Affiliates, officers, directors, employees, agents, representatives or advisor who need to know such confidential information for the purpose of rendering services hereunder; (ii) with the prior written consent of the Company and the Board of Directors; (iii) , or except as may be required by applicable law, judicial process or regulatory request, provided that the Manager may disclose such information to legal counselits attorneys, accountants accountants, consultants, and other professional advisors professionals to the Company; (iv) to appraisers, financing sources and others in the ordinary course of the Company’s business; (v) pursuant to the order of governmental officials having jurisdiction over the Company or any Subsidiary; (vi) extent necessary in connection with utilizing their services; provided further that such recipients are advised of the confidentiality of such information. The Company shall keep confidential any governmental and all information it obtains from time to time from the Manager in connection with the services it receives under this Agreement and shall not disclose any portion thereof to non-affiliated third parties except with the prior written consent of the Manager, or except as may be required by applicable law, judicial process or regulatory filings of request; provided that the Company or any Subsidiary or disclosure or presentations and the Board of Directors may disclose such information to the Company’s stockholders or prospective stockholders; (vii) as required by law or legal process to which the Advisor or any Person to whom disclosure is permitted hereunder is a party; (viii) their attorneys, accountants, consultants, and other professionals to the extent reasonably required to perform the services under this Agreement; or (ix) to the extent such information is otherwise publicly available. The foregoing shall not apply to information that has previously become publicly available through the actions of a Person other than the Advisor not resulting from the Advisor’s violation of this Section 6. The provisions of this Section 6 shall survive the expiration or earlier termination of this Agreement for a period of one year. The Advisor shall cause its agents, representatives and subcontractors to keep confidential any such information to the same degree set forth necessary in this Section 6connection with utilizing their services; provided further that with respect to trade secrets, such recipients are advised of the obligations under this Section 6 shall survive indefinitelyconfidentiality of such information.

Records; Confidentiality. The Advisor Collateral Manager shall maintain appropriate books of accounts account and records relating to services performed under this Agreementhereunder, and such books of account and records shall be accessible for inspection by representatives a representative of the Company, the Administrative Agent, and independent accountants appointed by the Company or any Subsidiary at any a mutually agreed time during normal business hours and upon reasonable advance not less than three Business Days’ prior notice. Subject to the exceptions set forth in the following paragraph, at no time will the Collateral Manager make a public announcement concerning the Transaction Documents, the Collateral Manager’s role hereunder or any other aspect of the transactions contemplated by this Agreement and the Transaction Documents absent the written consent of the Company and the Administrative Agent. The Advisor Collateral Manager shall, and shall cause its Affiliates to, keep confidential any and all information obtained in connection with the services rendered under this Agreement hereunder and shall not disclose any such information (or use the same to non affiliated third parties except in furtherance of its duties under this Agreement) to any Person other than to (i) its Affiliates, officers, directors, employees, agents, representatives or advisor who need to know such confidential information for the purpose of rendering services hereunder; (ii) with the prior written consent of the Board Company, (ii) as required by law, regulation, court order or the rules or regulations of Directors; any self regulating organization, body or official having jurisdiction over the Collateral Manager, (iii) to legal counselits professional advisers, accountants and other professional advisors to the Company; (iv) to appraiserssuch information as shall have been publicly disclosed other than in violation of this Agreement, financing sources and others in the ordinary course of the Company’s business; (v) pursuant to the order identification of governmental officials having jurisdiction over the Company or any Subsidiary; as a client of the Collateral Manager, (vi) information related to the performance of the Collateral Manager, (vii) information furnished in connection with any governmental successor investment manager or regulatory filings of the Company assignee, or any Subsidiary agent that has been assigned duties in accordance with this Agreement, or disclosure or presentations to the Company’s stockholders or prospective stockholders; (vii) as required by law or legal process to which the Advisor or any Person to whom disclosure is permitted hereunder is a party; (viii) to the extent reasonably required to perform the services under this Agreement; or (ix) to the extent such information that was or is otherwise publicly availableobtained by the Collateral Manager on a non confidential basis; provided that the Collateral Manager does not know or have reason to know, after due inquiry, of any breach by such source of any confidentiality obligations with respect thereto. The foregoing shall not apply to information that has previously become publicly available through the actions of a Person other than the Advisor not resulting from the Advisor’s violation For purposes of this Section 6. The provisions 10, the Administrative Agent shall in no event be considered a “non affiliated third party,” and the Collateral Manager may disclose any of this Section 6 shall survive the expiration or earlier termination of this Agreement for a period of one year. The Advisor shall cause its agents, representatives and subcontractors to keep confidential any such aforementioned information to the same degree set forth in this Section 6; provided that with respect Administrative Agent insofar as such information relates to trade secrets, Loans under the obligations under this Section 6 shall survive indefinitelyLSA.