Common use of Records; Confidentiality Clause in Contracts

Records; Confidentiality. The Investment Manager shall maintain appropriate books of account and records relating to services performed hereunder, and such books of account and records shall be accessible for inspection by a representative of the Company, the Lender, and independent accountants appointed by the Company at a mutually agreed time during normal business hours and upon not less than three (3) Business Days’ prior notice. At no time will the Investment Manager make a public announcement concerning the Credit Documents, the Investment Manager’s role hereunder or any other aspect of the transactions contemplated by this Agreement and the Credit Documents absent the written consent of the Company and the Lender. The Investment Manager shall, and shall cause its Affiliates to, keep confidential any and all information obtained in connection with the services rendered hereunder and shall not disclose any such information to non affiliated third parties except (i) with the prior written consent of the Company, (ii) as required by law, regulation, court order or the rules or regulations of any self regulating organization, body or official having jurisdiction over the Investment Manager, (iii) to its professional advisers, (iv) such information as shall have been publicly disclosed other than in violation of this Agreement, (v) the identification of the Company as a client of the Investment Manager, (vi) information related to the performance of the Investment Manager, (vii) information furnished in connection with any successor investment manager or 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 Investment Manager on a non confidential basis; provided that the Investment 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 Lender shall in no event be considered a “non affiliated third party,” and the Investment Manager may disclose any of the aforementioned information to the Lender insofar as such information relates to Fund Investments under the Credit Agreement.

Records; Confidentiality. The Investment Manager shall maintain appropriate books of account and records relating to services performed hereunder, and such books of account and records shall be accessible for inspection by a representative of the Company, the LenderCitibank, and independent accountants appointed by the Company at a mutually agreed time during normal business hours and upon not less than three (3) Business Days’ prior notice. At no time will the Investment Manager make a public announcement concerning the Credit DocumentsSwap Agreement, the Investment Manager’s role hereunder or any other aspect of the transactions contemplated by this Agreement and the Credit Documents Swap Agreement absent the written consent of the Company and the LenderCompany. The Investment Manager shall, and shall cause its Affiliates to, keep confidential any and all information obtained in connection with the services rendered hereunder and shall not disclose any such information to non non-affiliated third parties except (i) with the prior written consent of the Company, (ii) as required by law, regulation, court order or the rules or regulations of any self regulating organization, body or official having jurisdiction over the Investment Manager, (iii) to its professional advisers, (iv) such information as shall have been publicly disclosed other than in violation of this Agreement, (v) the identification of the Company as a client of the Investment Manager, (vi) information related to the performance of the Investment Manager, (vii) information furnished in connection with any successor investment manager or 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 Investment Manager on a non non-confidential basis; provided that the Investment 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 9Xxxxxxx 0, the Lender Xxxxxxxx shall in no event be considered a “non non-affiliated third party,” and the Investment Manager may disclose any of the aforementioned information to the Lender Citibank insofar as such information relates to Fund Investments the Company’s performance of its obligations under the Credit Swap Agreement.

Records; Confidentiality. The Investment Manager shall maintain appropriate books of account and records relating to services performed hereunder, and such books of account and records shall be accessible for inspection by a representative of the Company, the LenderAdministrative Agent, and independent accountants appointed by the Company at a mutually agreed time during normal business hours and upon not less than three (3) Business Days’ prior notice. At no time will the Investment Manager make a public announcement concerning the Credit DocumentsLoan Agreement, the Investment Manager’s role hereunder or any other aspect of the transactions contemplated by this Agreement and the Credit Documents Loan Agreement absent the written consent of the Company and the LenderCompany. The Investment Manager shall, and shall cause its Affiliates to, keep confidential any and all information obtained in connection with the services rendered hereunder and shall not disclose any such information to non non-affiliated third parties except (i) with the prior written consent of the Company, (ii) as required by law, regulation, court order or the rules or regulations of any self regulating organization, body or official having jurisdiction over the Investment Manager, (iii) to its professional advisers, (iv) such information as shall have been publicly disclosed other than in violation of this Agreement, (v) the identification of the Company as a client of the Investment Manager, (vi) information related to the performance of the Investment Manager, (vii) information furnished in connection with any successor investment manager or 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 Investment Manager on a non non-confidential basis; provided that the Investment 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 Lender Administrative Agent shall in no event be considered a “non non-affiliated third party,” and the Investment Manager may disclose any of the aforementioned information to the Lender Administrative Agent insofar as such information relates to Fund Investments the Company’s performance of its obligations under the Credit Loan Agreement.

Records; Confidentiality. (a) The Investment Collateral Manager shall maintain appropriate books of account and records relating to services performed hereunder, and such books of account and records shall be accessible for inspection by a representative of the CompanyIssuer, the Lender, Collateral Trustee and independent the Independent accountants appointed by the Company Collateral Manager on behalf of the Issuer pursuant to Article X of the Indenture at a mutually agreed any time during normal business hours and upon not less than three (3) Business Days’ prior notice. At no time will The Collateral Manager shall provide the Investment Manager make a public announcement concerning Issuer with sufficient information and reports to maintain the Credit Documents, the Investment Manager’s role hereunder or any other aspect books and records of the transactions contemplated by this Agreement and the Credit Documents absent the written consent of the Company and the Lender. Issuer. (b) The Investment Collateral Manager shall, and shall cause its Affiliates to, keep confidential any and all information obtained in connection with the services rendered hereunder and shall not disclose any such information to non non-affiliated third parties except (i) with the prior written consent of the CompanyIssuer, (ii) such information as any Rating Agency shall reasonably request in connection with its rating of the Secured Debt, (iii) in connection with establishing trading or investment accounts or otherwise in connection with effecting transactions on behalf of the Issuer, (iv) as required by law, regulation, court order or the rules or regulations of any self self-regulating organization, regulatory authority, body or official having jurisdiction over the Investment Collateral Manager, (iiiv) to its professional advisers, advisers or (ivvi) such information as shall have been publicly disclosed other than in violation of this Agreement. Notwithstanding the foregoing, the Collateral Manager (va) the identification of the Company as a client of the Investment Manager, (vi) information related may present summary data with respect to the performance of the Investment Manager, (vii) information furnished Assets in connection conjunction with any successor investment manager presentation of performance statistics of other funds managed or assignee, or any agent that has been assigned duties in accordance with this Agreement, or (viii) such information that was or is obtained to be managed by the Investment Collateral Manager on a non confidential basis; provided that the Investment Manager does not know or have reason to knowits Affiliates, after due inquiry, of any breach by such source of any confidentiality obligations and may aggregate data with respect theretoto the performance of one or more categories of Assets with similar data of such other funds and (b) may disclose such other information about the Issuer, the Assets and the Debt as is customarily disclosed by managers of collateralized loan obligations. For purposes of this Section 96, the Lender Holders and beneficial owners of the Debt shall in no event be considered a “non non-affiliated third party,” parties.” (c) Notwithstanding anything in this Agreement or any other Transaction Document to the contrary, the Collateral Manager, the Issuer, the Collateral Trustee and the Investment Manager Holders and beneficial owners of the Debt (and each of their respective employees, representatives or other agents) may disclose to any and all Persons, without limitation of any kind, the U.S. tax treatment and U.S. tax structure (in each case, under applicable federal, state or local law) of the aforementioned information transactions contemplated by this Agreement and all materials of any kind (including opinions or other tax analyses) that are provided to them relating to such U.S. tax treatment and U.S. tax structure; provided that such U.S. tax treatment and U.S. tax structure shall be kept confidential to the Lender insofar as such information relates extent reasonably necessary to Fund Investments under the Credit Agreementcomply with applicable U.S. federal or state laws.

Records; Confidentiality. (a) The Investment Collateral Manager shall maintain appropriate books of account and records relating to services performed hereunder, and such books of account and records shall be accessible for inspection by a representative of the CompanyIssuer, the Lender, Trustee and independent the Independent accountants appointed by the Company Collateral Manager on behalf of the Issuer pursuant to Article X of the Indenture at a mutually agreed any time during normal business hours and upon not less than three (3) Business Days’ prior notice. At no time will The Collateral Manager shall provide the Investment Manager make a public announcement concerning Issuer with sufficient information and reports to maintain the Credit Documents, the Investment Manager’s role hereunder or any other aspect books and records of the transactions contemplated by this Agreement and the Credit Documents absent the written consent of the Company and the Lender. Issuer. (b) The Investment Collateral Manager shall, and shall cause its Affiliates to, keep confidential any and all information obtained in connection with the services rendered hereunder and shall not disclose any such information to non non-affiliated third parties except (i) with the prior written consent of the CompanyIssuer, (ii) such information as any Rating Agency shall reasonably request in connection with its rating of the Notes, (iii) in connection with establishing trading or investment accounts or otherwise in connection with effecting transactions on behalf of the Issuer, (iv) as required by law, regulation, court order or the rules or regulations of any self self-regulating organization, regulatory authority, body or official having jurisdiction over the Investment Collateral Manager, (iiiv) to its professional advisers, advisers or (ivvi) such information as shall have been publicly disclosed other than in violation of this Agreement. Notwithstanding the foregoing, the Collateral Manager (va) the identification of the Company as a client of the Investment Manager, (vi) information related may present summary data with respect to the performance of the Investment Manager, (vii) information furnished Assets in connection conjunction with any successor investment manager presentation of performance statistics of other funds managed or assignee, or any agent that has been assigned duties in accordance with this Agreement, or (viii) such information that was or is obtained to be managed by the Investment Collateral Manager on a non confidential basis; provided that the Investment Manager does not know or have reason to knowits Affiliates, after due inquiry, of any breach by such source of any confidentiality obligations and may aggregate data with respect theretoto the performance of one or more categories of Assets with similar data of such other funds and (b) may disclose such other information about the Issuer, the Assets and the Securities as is customarily disclosed by managers of collateralized loan obligations. For purposes of this Section 96, the Lender Holders and beneficial owners of the Securities shall in no event be considered a “non non-affiliated third party,” parties.” (c) Notwithstanding anything in this Agreement or any other Transaction Document to the contrary, the Collateral Manager, the Issuer, the Trustee and the Investment Manager Holders and beneficial owners of the Securities (and each of their respective employees, representatives or other agents) may disclose to any and all Persons, without limitation of any kind, the U.S. tax treatment and U.S. tax structure (in each case, under applicable federal, state or local law) of the aforementioned information transactions contemplated by this Agreement and all materials of any kind (including opinions or other tax analyses) that are provided to them relating to such U.S. tax treatment and U.S. tax structure; provided that such U.S. tax treatment and U.S. tax structure shall be kept confidential to the Lender insofar as such information relates extent reasonably necessary to Fund Investments under the Credit Agreementcomply with applicable U.S. federal or state laws.

Records; Confidentiality. (a) The Investment Manager Adviser shall maintain appropriate books of account and records relating to services performed hereunder, and such books of account and records shall be accessible for inspection by a representative of the Company, the LenderAdministrative Agent, and independent accountants appointed by of the Company at a mutually agreed time during normal business hours and upon not less than three (3) 5 Business Days’ prior notice. . (b) If, and only if, Barings LLC or any of its Affiliates is no longer the Investment Adviser, then: (i) At no time will the Investment Manager Adviser make a public announcement concerning the Credit Loan Documents, the Investment ManagerAdviser’s role hereunder or any other aspect of the transactions contemplated by this Agreement and the Credit Loan Documents absent the written consent of the Company and the Lender. Administrative Agent. (ii) The Investment Manager Adviser shall, and shall cause its Affiliates to, keep confidential any and all information obtained in connection with the services rendered hereunder and shall not disclose any such information to non affiliated third parties except except (i) with the prior written consent of the Company, (ii) as required by law, regulation, court order or the rules or regulations of any self regulating organization, body or official having jurisdiction over the Investment ManagerAdviser, (iii) to its professional advisers, (iv) such information as shall have been publicly disclosed other than in violation of this Agreement, (v) the identification of the Company as a client of the Investment ManagerAdviser, (vi) information related to the performance of the Investment ManagerAdviser, (vii) information furnished in connection with any successor investment manager or 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 Investment Manager Adviser on a non confidential basis; provided that the Investment Manager Adviser 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 Lender Administrative Agent shall in no event be considered a “non affiliated third party,” and the Investment Manager Adviser may disclose any of the aforementioned information to the Lender Administrative Agent insofar as such information relates to Fund Investments Collateral Assets under the Credit Agreement.

Records; Confidentiality. (a) The Investment Collateral Manager shall maintain appropriate books of account and records relating to services performed hereunder, and such books of account and records shall be accessible for inspection by a representative of the CompanyIssuer, the Lender, Collateral Trustee and independent the Independent accountants appointed by the Company Collateral Manager on behalf of the Issuer pursuant to Article X of the Indenture at a mutually agreed any time during normal business hours and upon not less than three (3) Business Days’ prior notice. At no time will The Collateral Manager shall provide the Investment Manager make a public announcement concerning Issuer with sufficient information and reports to maintain the Credit Documents, the Investment Manager’s role hereunder or any other aspect books and records of the transactions contemplated by this Agreement and the Credit Documents absent the written consent of the Company and the Lender. Issuer. (b) The Investment Collateral Manager shall, and shall cause its Affiliates to, keep confidential any and all information obtained in connection with the services rendered hereunder and shall not disclose any such information to non non-affiliated third parties except (i) with the prior written consent of the CompanyIssuer, (ii) such information as any Rating Agency shall reasonably request in connection with its rating of the Secured Debt, (iii) in connection with establishing trading or investment accounts or otherwise in connection with effecting transactions on behalf of the Issuer, (iv) as required by law, regulation, court order or the rules or regulations of any self self-regulating organization, regulatory authority, body or official having jurisdiction over the Investment Collateral Manager, (iiiv) to its professional advisers, advisers or (ivvi) such information as shall have been publicly disclosed other than in violation of this Agreement. Notwithstanding the foregoing, the Collateral Manager (va) the identification of the Company as a client of the Investment Manager, (vi) information related may present summary data with respect to the performance of the Investment Manager, (vii) information furnished Assets in connection conjunction with any successor investment manager presentation of performance statistics of other funds managed or assignee, or any agent that has been assigned duties in accordance with this Agreement, or (viii) such information that was or is obtained to be managed by the Investment Collateral Manager on a non confidential basis; provided that the Investment Manager does not know or have reason to knowits Affiliates, after due inquiry, of any breach by such source of any confidentiality obligations and may aggregate data with respect theretoto the performance of one or more categories of Assets with similar data of such other funds and (b) may disclose such other information about the Issuer, the Assets, the Securities and the Secured Debt as is customarily disclosed by managers of collateralized loan obligations. For purposes of this Section 96, the Lender Holders and beneficial owners of the Secured Debt shall in no event be considered a “non non-affiliated third party,” parties.” (c) Notwithstanding anything in this Agreement or any other Transaction Document to the contrary, the Collateral Manager, the Issuer, the Collateral Trustee and the Investment Manager Holders and beneficial owners of the Securities and the Secured Debt (and each of their respective employees, representatives or other agents) may disclose to any and all Persons, without limitation of any kind, the U.S. tax treatment and U.S. tax structure (in each case, under applicable federal, state or local law) of the aforementioned information transactions contemplated by this Agreement and all materials of any kind (including opinions or other tax analyses) that are provided to them relating to such U.S. tax treatment and U.S. tax structure; provided that such U.S. tax treatment and U.S. tax structure shall be kept confidential to the Lender insofar as such information relates extent reasonably necessary to Fund Investments under the Credit Agreementcomply with applicable U.S. federal or state laws.

Records; Confidentiality. The Investment Collateral Manager shall maintain appropriate books of account and records relating to services performed hereunder, and such books of account and records shall be accessible for inspection by a representative of the Company, the LenderAdministrative Agent, and independent accountants appointed by the Company at a mutually agreed time during normal business hours and upon not less than three (3) Business Days’ prior notice. At Subject to the exceptions set forth in the following paragraph, at no time will the Investment Collateral Manager make a public announcement concerning the Credit Transaction Documents, the Investment Collateral Manager’s role hereunder or any other aspect of the transactions contemplated by this Agreement and the Credit Transaction Documents absent the written consent of the Company and the LenderAdministrative Agent. The Investment Collateral Manager shall, and shall cause its Affiliates to, keep confidential any and all information obtained in connection with the services rendered hereunder and shall not disclose any such information to non affiliated third parties except (i) with the prior written consent of the Company, (ii) as required by law, regulation, court order or the rules or regulations of any self regulating organization, body or official having jurisdiction over the Investment Collateral Manager, (iii) to its professional advisersadvisors, (iv) such information as shall have been publicly disclosed other than in violation of this Agreement, (v) the identification of the Company as a client of the Investment Collateral Manager, (vi) information related to the performance of the Investment Collateral Manager, (vii) information furnished in connection with any successor investment manager or 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 Investment Collateral Manager on a non confidential basis; provided that the Investment 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 910, the Lender Administrative Agent shall in no event be considered a “non affiliated third party,” and the Investment Collateral Manager may disclose any of the aforementioned information to the Lender Administrative Agent insofar as such information relates to Fund Investments Loans under the Credit AgreementLSA.

Records; Confidentiality. The Investment Collateral Manager shall maintain appropriate books of account and records relating to services performed hereunder, and such books of account and records shall be accessible for inspection by a representative of the Company, the LenderAdministrative Agent, and independent accountants appointed by the Company at a mutually agreed time during normal business hours and upon not less than three (3) Business Days’ prior notice. At Subject to the exceptions set forth in the following paragraph, at no time will the Investment Collateral Manager make a public announcement concerning the Credit Transaction Documents, the Investment Collateral Manager’s role hereunder or any other aspect of the transactions contemplated by this Agreement and the Credit Transaction Documents absent the written consent of the Company and the LenderAdministrative Agent. The Investment Collateral Manager shall, and shall cause its Affiliates to, keep confidential any and all information obtained in connection with the services rendered hereunder and shall not disclose any such information to non affiliated third parties except (i) with the prior written consent of the Company, (ii) as required by law, regulation, court order or the rules or regulations of any self regulating organization, body or official having jurisdiction over the Investment Collateral Manager, (iii) to its professional advisersadvisors, (iv) such information as shall have been publicly disclosed other than in violation of this Agreement, (v) the identification of the Company as a client of the Investment Collateral Manager, (vi) information related to the performance of the Investment Collateral Manager, (vii) information furnished in connection with any successor investment manager or 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 Investment Collateral Manager on a non non-confidential basis; provided that the Investment 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 910, the Lender Administrative Agent shall in no event be considered a “non non-affiliated third party,” and the Investment Collateral Manager may disclose any of the aforementioned information to the Lender Administrative Agent insofar as such information relates to Fund Investments Loans under the Credit AgreementLSA.

Records; Confidentiality. The Investment Collateral Manager shall maintain or cause to be maintained appropriate books of account and records relating to its services performed hereunder, and such books of account and records shall be accessible for inspection by a representative representatives of the CompanyIssuer, the LenderCollateral Trustee, the Collateral Administrator, and independent the Independent accountants appointed by the Company Collateral Manager on behalf of the Issuer pursuant to Article X of the Indenture at a mutually agreed any time during normal business hours and upon not less than three five (35) Business Days’ prior notice. At no time will the Investment The Collateral Manager make a public announcement concerning the Credit Documents, the Investment Manager’s role hereunder or any other aspect of the transactions contemplated by this Agreement and the Credit Documents absent the written consent of the Company and the Lender. The Investment Manager shall, and shall cause its Affiliates to, keep confidential any and all information obtained in connection with the services rendered hereunder and shall not disclose any such information to non non-affiliated third parties (excluding any Holders of the Debt) except (ia) with the prior written consent of the CompanyIssuer, (iib) such information as the Rating Agency shall reasonably request in connection with its rating of the Secured Debt or supplying credit ratings or estimates on any obligation included in the Assets, (c) in connection with establishing trading or investment accounts or otherwise in connection with effecting Transactions on behalf of the Issuer, (d) as required by (i) applicable law, regulation, court order order, legal process or a request by a governmental regulatory agency with jurisdiction over the Collateral Manager or any of its Affiliates or (ii) the rules or regulations of any self self-regulating organization, body or official having jurisdiction over the Investment ManagerCollateral Manager or any of its Affiliates, (iiie) to its professional advisersadvisors (including, without limitation, legal, tax and accounting advisors), (ivf) such information as shall have been publicly disclosed other than in known violation of this Agreement, the Collateral Administration Agreement, the Master Loan Sale Agreement, the Credit Agreement or the provisions of the Indenture or shall have been obtained by the Collateral Manager on a non-confidential basis, (g) such information as is necessary or appropriate to disclose so that the Collateral Manager may perform its duties hereunder, under the Collateral Administration Agreement, the Indenture or any other Transaction Document or (h) general performance information which may be used by the Collateral Manager or its Affiliates in connection with their marketing activities. Notwithstanding the foregoing, it is agreed that the Collateral Manager may disclose (i) that it is serving as collateral manager of the Issuer, (ii) the nature, aggregate principal amount and overall performance of the Issuer’s Assets, (iii) the amount of earnings on the Assets, (iv) such other information about the Issuer, the Assets and the Debt as is customarily disclosed by managers of collateralized loan obligations and (v) each of its respective employees, shared personnel, representatives or other agents may disclose to any and all Persons, without limitation of any kind, the identification United States federal income tax treatment and United States federal income tax structure of the Company as a client of the Investment Manager, (vi) information related to the performance of the Investment Manager, (vii) information furnished in connection with any successor investment manager or assignee, or any agent that has been assigned duties in accordance with this Agreement, or (viii) such information that was or is obtained transactions contemplated by the Investment Manager on a non confidential basisIndenture, this Agreement and the related documents and all materials of any kind (including opinions and other tax analyses) that are provided to them relating to such United States federal income tax treatment and United States federal income tax structure; provided that such United States federal income tax treatment and United States federal income tax structure shall be kept confidential to the Investment Manager does not know extent reasonably necessary to comply with applicable United States federal or have reason to know, after due inquiry, of any breach by such source of any confidentiality obligations with respect theretostate laws. For purposes of this Section 96, the Lender Holders of the Debt shall in no event not be considered a “non non-affiliated third party,” and the Investment Manager may disclose any of the aforementioned information to the Lender insofar as such information relates to Fund Investments under the Credit Agreementparties.”

Records; Confidentiality. The Investment Manager shall maintain appropriate books of account and records relating to services performed hereunder, and such books of account and records shall be accessible for inspection by a representative of the Company, the LenderAdministrative Agent, and independent accountants appointed by the Company at a mutually agreed time during normal business hours and upon not less than three ten (310) Business Daysdays’ prior notice. At no time will the Investment Manager make a public announcement concerning the Credit DocumentsAgreement, the Investment Manager’s role hereunder or any other aspect of the transactions contemplated by this Agreement and the Credit Documents Agreement absent the written consent of the Company and the LenderCompany. The Investment Manager shall, and shall cause its Affiliates to, keep confidential any and all information obtained in connection with the services rendered hereunder and shall not disclose any such information to non non-affiliated third parties except (i) with the prior written consent of the Company, (ii) as required by law, regulation, court order or the rules or regulations of any self regulating organization, body or official having jurisdiction over the Investment Manager, (iii) to its professional advisers, (iv) such information as shall have been publicly disclosed other than in violation of this Agreement, (v) the identification of the Company as a client of the Investment Manager, (vi) information related to the performance of the Investment Manager, (vii) information furnished in connection with any successor investment manager or 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 Investment Manager on a non non-confidential basis; provided that the Investment 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 Lender Administrative Agent shall in no event be considered a “non non-affiliated third party,” and the Investment Manager may disclose any of the aforementioned information to the Lender Administrative Agent insofar as such information relates to Fund Investments the Company’s performance of its obligations under the Credit Agreement.

Records; Confidentiality. (a) The Investment Manager shall maintain appropriate books of account and records relating to services performed hereunder, and such books of account and records shall be accessible for inspection by a representative of the Company, the LenderAdministrative Agent, and independent accountants appointed by of the Company at a mutually agreed time during normal business hours and upon not less than three (3) 3 Business Days’ prior notice. . (b) If, and only if, Corporate Capital Trust, Inc. or any of its Affiliates is no longer the Investment Manager, then: (i) At no time will the Investment Manager make a public announcement concerning the Credit Documents, the Investment Manager’s role hereunder or any other aspect of the transactions contemplated by this Agreement and the Credit Documents absent the written consent of the Company and the Lender. Administrative Agent. (ii) The Investment Manager shall, and shall cause its Affiliates to, keep confidential any and all information obtained in connection with the services rendered hereunder and shall not disclose any such information to non affiliated third parties except (i) with the prior written consent of the Company, (ii) as required by law, regulation, court order or the rules or regulations of any self regulating organization, body or official having jurisdiction over the Investment Manager, (iii) to its professional advisers, (iv) such information as shall have been publicly disclosed other than in violation of this Agreement, (v) the identification of the Company as a client of the Investment Manager, (vi) information related to the performance of the Investment Manager, (vii) information furnished in connection with any successor investment manager or 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 Investment Manager on a non confidential basis; provided that the Investment 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 Lender Administrative Agent shall in no event be considered a “non affiliated third party,” and the Investment Manager may disclose any of the aforementioned information to the Lender Administrative Agent insofar as such information relates to Fund Investments under the Credit Agreement.

Records; Confidentiality. (a) The Investment Collateral Manager shall maintain appropriate books of account and records relating to services performed hereunder, and such books of account and records shall be accessible for inspection by a representative of the CompanyIssuer, the Lender, Collateral Trustee and independent the Independent accountants appointed by the Company Collateral Manager on behalf of the Issuer pursuant to Article X of the Indenture at a mutually agreed any time during normal business hours and upon not less than three (3) Business Days’ prior notice. At no time will The Collateral Manager shall provide the Investment Manager make a public announcement concerning Issuer with sufficient information and reports to maintain the Credit Documents, the Investment Manager’s role hereunder or any other aspect books and records of the transactions contemplated by this Agreement and the Credit Documents absent the written consent of the Company and the Lender. Issuer. (b) The Investment Collateral Manager shall, and shall cause its Affiliates to, keep confidential any and all information obtained in connection with the services rendered hereunder and shall not disclose any such information to non non-affiliated third parties except (i) with the prior written consent of the CompanyIssuer, (ii) such information as any Rating Agency shall reasonably request in connection with its rating of the Secured Debt, (iii) in connection with establishing trading or investment accounts or otherwise in connection with effecting transactions on behalf of the Issuer, (iv) as required by law, regulation, court order or the rules or regulations of any self self-regulating organization, regulatory authority, body or official having jurisdiction over the Investment Collateral Manager, (iiiv) to its professional advisers, advisers or (ivvi) such information as shall have been publicly disclosed other than in violation of this Agreement. Notwithstanding the foregoing, the Collateral Manager (va) the identification of the Company as a client of the Investment Manager, (vi) information related may present summary data with respect to the performance of the Investment Manager, (vii) information furnished Assets in connection conjunction with any successor investment manager presentation of performance statistics of other funds managed or assignee, or any agent that has been assigned duties in accordance with this Agreement, or (viii) such information that was or is obtained to be managed by the Investment Collateral Manager on a non confidential basis; provided that the Investment Manager does not know or have reason to knowits Affiliates, after due inquiry, of any breach by such source of any confidentiality obligations and may aggregate data with respect theretoto the performance of one or more categories of Assets with similar data of such other funds and (b) may disclose such other information about the Issuer, the Assets and the Securities as is customarily disclosed by managers of collateralized loan obligations. For purposes of this Section 96, the Lender Holders and beneficial owners of the Securities shall in no event be considered a “non non-affiliated third party,” parties.” (c) Notwithstanding anything in this Agreement or any other Transaction Document to the contrary, the Collateral Manager, the Issuer, the Collateral Trustee and the Investment Manager Holders and beneficial owners of the Securities (and each of their respective employees, representatives or other agents) may disclose to any and all Persons, without limitation of any kind, the U.S. tax treatment and U.S. tax structure (in each case, under applicable federal, state or local law) of the aforementioned information transactions contemplated by this Agreement and all materials of any kind (including opinions or other tax analyses) that are provided to them relating to such U.S. tax treatment and U.S. tax structure; provided that such U.S. tax treatment and U.S. tax structure shall be kept confidential to the Lender insofar extent reasonably necessary to comply with applicable U.S. federal or state laws. (d) Notwithstanding anything in this Agreement or any other agreement between the Collateral Manager and the Issuer or the Collateral Trustee to the contrary, nothing in this Agreement or any such other agreement shall (1) prohibit the Issuer or the Collateral Trustee from communicating, cooperating, or filing a complaint with, or making disclosures or a report to the attorney general or any U.S. federal, state or local governmental or law enforcement branch, agency or entity with respect to possible violations of any U.S. federal, state or local law or regulation, in each case, that are protected under and made in compliance with the whistleblower provisions of any such law or regulation (including in accordance with the provisions of and rules promulgated under Section 21F of the Securities Exchange Act of 1934, as such information relates amended, or Section 806 of the Xxxxxxxx-Xxxxx Act of 2002, or with respect to Fund Investments matters within the jurisdiction of the Equal Employment Opportunity Commission (EEOC), National Labor Relations Board (NLRB) or any other comparable federal, state, or local agency charged with the investigation and enforcement of any employment laws); (2) prohibit the Issuer or the Collateral Trustee from making similar reports under the Credit Agreementlaws or regulations of any foreign jurisdiction; (3) prevent the Issuer or the Collateral Trustee from discussing or disclosing information about unlawful acts in the workplace, such as harassment or discrimination or any other conduct that the Issuer or Collateral Trustee, as applicable, have reason to believe is unlawful; or (4) result in a waiver or other limitation of the Issuer and the Collateral Trustee’s rights and remedies as a whistleblower, including to a monetary award; provided that, the Issuer and the Collateral Trustee are not authorized to disclose communications with counsel that were made for the purpose of receiving legal advice or that contain legal advice or that are protected by the attorney work product or similar privilege. The Issuer and the Collateral Trustee do not need the prior authorization of (or to give notice to) the Collateral Manager regarding any such communication or disclosure.

Records; Confidentiality. (a) The Investment Portfolio Manager shall maintain appropriate books of account and records relating to services performed hereunder, and such books of account and records shall be accessible for inspection by a representative representatives of the CompanyIssuer, the Lender, Trustee and the independent accountants appointed by the Company Issuer pursuant to the Indenture at a any mutually agreed reasonable time during normal business hours and upon not less than three five (35) Business Days’ prior notice. At no time will the Investment The Portfolio Manager make a public announcement concerning the Credit Documents, the Investment Manager’s role hereunder or any other aspect of the transactions contemplated by this Agreement and the Credit Documents absent the written consent of the Company and the Lender. The Investment Manager shall, and shall cause its Affiliates to, keep confidential any and all information that is either (i) of a type that would ordinarily be considered proprietary or confidential or (ii) designated as confidential (collectively, “Confidential Information”) and obtained in connection with the services rendered hereunder hereunder, and shall not disclose any such information Confidential Information to non non-affiliated third parties (which shall in no event be deemed to include holders of Notes) except (i) with the prior written consent of the CompanyIssuer, (ii) such information as the Rating Agency shall reasonably request in connection with its rating of any Class of Notes, (iii) as required by law, regulation, court order or the rules or regulations of any self stock exchange or self-regulating organization, body or official having jurisdiction over the Investment Issuer or the Portfolio Manager, (iiiiv) to its professional advisers, (ivv) such information as shall have been publicly available or disclosed other than in violation of this Agreement, (v) Agreement or the identification of the Company as a client of the Investment ManagerIndenture, (vi) information related to the performance of the Investment Manager, (vii) information furnished in connection with any successor investment manager or 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 Investment Portfolio Manager on a non non-confidential basis; provided , (vii) such information that was or is obtained by the Investment Portfolio 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 Lender shall in no event be considered from a “non non-affiliated third party,” , provided that such non-affiliated third party is not known by the Portfolio Manager to be bound by this Agreement or another confidentiality agreement with the Issuer or (viii) such information that is related to the investment performance of the Portfolio Manager or its Advisor. (b) Notwithstanding the provisions of Section 10(a), the Portfolio Manager and the Investment Manager each of its respective employees, representatives or other agents may disclose to any and all Persons, without limitation of any kind, the U.S. federal income tax treatment and U.S. federal income tax structure of the aforementioned transactions contemplated by the Issuer Documents, and all materials of any kind (including opinions and other tax analyses) that are provided to them relating to such U.S. federal income tax treatment and U.S. income tax structure. (c) Notwithstanding anything to the contrary contained herein or in any Transaction Document, the Portfolio Manager shall not be required to furnish any information to the Lender insofar as such information relates to Fund Investments under the Credit Agreementextent prohibited by applicable confidentiality restrictions (whether legal, contractual or otherwise).

Records; Confidentiality. The Investment Collateral Manager shall maintain appropriate books of account and records relating to services performed hereunder, and such books of account and records shall be accessible for inspection by a representative of the Company, the LenderAdministrative Agent, and independent accountants appointed by the Company at a mutually agreed time during normal business hours and upon not less than three (3) Business Days’ prior notice. At Subject to the exceptions set forth in the following paragraph, at no time will the Investment Collateral Manager make a public announcement concerning the Credit Transaction Documents, the Investment Collateral Manager’s role hereunder or any other aspect of the transactions contemplated by this Agreement and the Credit Transaction Documents absent the written consent of the Company and the LenderAdministrative Agent. The Investment Collateral Manager shall, and shall cause its Affiliates to, keep confidential any and all information obtained in connection with the services rendered hereunder and shall not disclose any such information to non affiliated third parties except (i) with the prior written consent of the Company, (ii) as required by law, regulation, court order or the rules or regulations of any self regulating organization, body or official having jurisdiction over the Investment Collateral Manager, (iii) to its professional advisersadvisors, (iv) such information as shall have been publicly disclosed other than in violation of this Agreement, (v) the identification of the Company as a client of the Investment Collateral Manager, (vi) information related to the performance of the Investment Collateral Manager, (vii) information furnished in connection with any successor investment manager or 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 Investment Collateral Manager on a non confidential basis; provided that the Investment 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 910, the Lender Administrative Agent shall in no event be considered a “non affiliated third party,” and the Investment Collateral Manager may disclose any of the aforementioned information to the Lender Administrative Agent insofar as such information relates to Fund Investments Loans under the Credit AgreementLSA.

Records; Confidentiality. The Investment Manager shall maintain appropriate books of account and records relating to services performed hereunder, and such books of account and records shall be accessible for inspection by a representative of the Company, the LenderAdministrative Agent, and independent accountants appointed by the Company at a mutually agreed time during normal business hours and upon not less than three (3) 3 Business Days’ prior notice. At no time will the Investment Manager make a public announcement concerning the Credit Documents, the Investment Manager’s role hereunder or any other aspect of the transactions contemplated by this Agreement and the Credit Documents absent the written consent of the Company and the LenderAdministrative Agent. The Investment Manager shall, and shall cause its Affiliates to, keep confidential any and all information obtained in connection with the services rendered hereunder and shall not disclose any such information to non affiliated third parties except (i) with the prior written consent of the Company, (ii) as required by law, regulation, court order or the rules or regulations of any self regulating organization, body or official having jurisdiction over the Investment Manager, (iii) to its professional advisers, (iv) such information as shall have been publicly disclosed other than in violation of this Agreement, (v) the identification of the Company as a client of the Investment Manager, (vi) information related to the performance of the Investment Manager, (vii) information furnished in connection with any successor investment manager or 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 Investment Manager on a non confidential basis; provided that the Investment 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 Lender Administrative Agent shall in no event be considered a “non affiliated third party,” and the Investment Manager may disclose any of the aforementioned information to the Lender Administrative Agent insofar as such information relates to Fund Investments under the Credit Agreement.

Records; Confidentiality. The Investment Asset Manager shall maintain or cause to be maintained appropriate books of account and records relating to services performed hereunder, and such books of account and records shall be accessible for inspection by a representative of the CompanyIssuer, the LenderTrustee, and the independent accountants appointed by the Company Issuer pursuant to the Indenture at a mutually agreed time during normal business hours and upon not less than three (3) two Business Days’ prior notice. At no time will the Investment The Asset Manager make a public announcement concerning the Credit Documents, the Investment Manager’s role hereunder or any other aspect of the transactions contemplated by this Agreement and the Credit Documents absent the written consent of the Company and the Lender. The Investment Manager shall, and shall cause its Affiliates to, keep confidential any and all information relating to the Issuer or its services hereunder that is either (a) of a type that would ordinarily be considered proprietary or confidential, such as information concerning the composition of assets, rates of return, credit quality, structure or ownership of loans, securities and other investments; provided, however, without the consent of the Issuer or any other Person, after the issuance of the Notes, the Asset Manager or any of its Affiliates may release in the ordinary course of its business such information (i) in summary form relating to the Asset Manager’s performance of its role hereunder, (ii) as to the identity and the performance of any Managed Asset, (iii) as to the performance of the Managed Assets as a whole, (iv) otherwise in connection with marketing or performance advertising of the Issuer, other investment vehicles or other accounts managed or advised by the Asset Manager or any of its Affiliates or (v) that the Asset Manager may determine in its sole discretion to be necessary, advisable or desirable, or (b) designated by the Issuer as confidential and obtained in connection with the services rendered hereunder hereunder, and shall not disclose any such information to non affiliated nonaffiliated third parties except (i) with the prior written consent of the CompanyIssuer, (ii) such information as the Rating Agency shall request in connection with the rating of the Rated Notes, (iii) as required by law, regulation, court order or other legal process or the rules or regulations of any self regulating regulatory or self-regulatory organization, body or official having jurisdiction over the Investment ManagerAsset Manager or any of its Affiliates, (iiiiv) to its professional advisersAffiliates and its and its Affiliates’ respective directors, members, partners, managers, officers, employees, agents, representatives and advisors (any such person who receives confidential information from the Asset Manager, collectively, “Representatives”), (ivv) such information as shall have been publicly disclosed other than in the violation of this Agreement, (v) the identification of the Company as a client of the Investment Manager, (vi) information related to the performance of the Investment Manager, (vii) information furnished in connection with any successor investment manager or 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 Investment Asset Manager or any of its Representatives on a non non-confidential basis; provided provided, that the Investment Asset Manager or such Representative, as applicable, does not know or have reason to know, after due inquiry, know of any breach by such source of any confidentiality obligations to the Issuer with respect theretoto such information, (vii) that was or is independently developed by the Asset Manager or any of its Representatives without use of, or reference to, the confidential information or (viii) such information that the Asset Manager may determine in its sole discretion to be necessary, advisable or desirable. For purposes of this Section 97, the Lender Holders, the Trustee, and any of the Asset Manager’s Affiliates shall in no event be considered a “non non-affiliated third party,parties.” Notwithstanding anything to the contrary in this Agreement or in the Indenture, the Issuer, the Trustee, the Asset Manager, the Loan Agent and the Investment Manager Holders and beneficial owners of the Notes (and each of their respective employees, representatives or other agents) may disclose to any and all Persons, without limitation of any kind, the tax treatment and tax structure of the aforementioned transactions contemplated by this Agreement and the Indenture and all materials of any kind (including opinions or other tax analyses) that are provided to them relating to such tax treatment and tax structure. The Asset Manager shall not be liable for any subsequent disclosure of information to the Lender insofar as such information relates to Fund Investments under the Credit Agreementdisclosed by it in accordance with this Section 7.

Records; Confidentiality. (a) The Investment Collateral Manager shall maintain appropriate books of account and records relating to services performed hereunder, and such books of account and records shall be accessible for inspection by a representative of the CompanyIssuer, the Lender, Collateral Trustee and independent the Independent accountants appointed by the Company Collateral Manager on behalf of the Issuer pursuant to Article X of the Indenture at a mutually agreed any time during normal business hours and upon not less than three (3) Business Days’ prior notice. At no time will The Collateral Manager shall provide the Investment Manager make a public announcement concerning Issuer with sufficient information and reports to maintain the Credit Documents, the Investment Manager’s role hereunder or any other aspect books and records of the transactions contemplated by this Agreement and the Credit Documents absent the written consent of the Company and the Lender. Issuer. (b) The Investment Collateral Manager shall, and shall cause its Affiliates to, keep confidential any and all information obtained in connection with the services rendered hereunder and shall not disclose any such information to non non-affiliated third parties except (i) with the prior written consent of the CompanyIssuer, (ii) such information as any Rating Agency shall reasonably request in connection with its rating of the Secured Debt, (iii) in connection with establishing trading or investment accounts or otherwise in connection with effecting transactions on behalf of the Issuer, (iv) as required by law, regulation, court order or the rules or regulations of any self self-regulating organization, regulatory authority, body or official having jurisdiction over the Investment Collateral Manager, (iiiv) to its professional advisers, advisers or (ivvi) such information as shall have been publicly disclosed other than in violation of this Agreement. Notwithstanding the foregoing, the Collateral Manager (va) the identification of the Company as a client of the Investment Manager, (vi) information related may present summary data with respect to the performance of the Investment Manager, (vii) information furnished Assets in connection conjunction with any successor investment manager presentation of performance statistics of other funds managed or assignee, or any agent that has been assigned duties in accordance with this Agreement, or (viii) such information that was or is obtained to be managed by the Investment Collateral Manager on a non confidential basis; provided that the Investment Manager does not know or have reason to knowits Affiliates, after due inquiry, of any breach by such source of any confidentiality obligations and may aggregate data with respect theretoto the performance of one or more categories of Assets with similar data of such other funds and (b) may disclose such other information about the Issuer, the Assets and the Securities as is customarily disclosed by managers of collateralized loan obligations. For purposes of this Section 96, the Lender Holders and beneficial owners of the Securities shall in no event be considered a “non non-affiliated third party,” parties.” (c) Notwithstanding anything in this Agreement or any other Transaction Document to the contrary, the Collateral Manager, the Issuer, the Collateral Trustee and the Investment Manager Holders and beneficial owners of the Securities (and each of their respective employees, representatives or other agents) may disclose to any and all Persons, without limitation of any kind, the U.S. tax treatment and U.S. tax structure (in each case, under applicable federal, state or local law) of the aforementioned information transactions contemplated by this Agreement and all materials of any kind (including opinions or other tax analyses) that are provided to them relating to such U.S. tax treatment and U.S. tax structure; provided that such U.S. tax treatment and U.S. tax structure shall be kept confidential to the Lender insofar as such information relates extent reasonably necessary to Fund Investments under the Credit Agreementcomply with applicable U.S. federal or state laws.

Records; Confidentiality. The Investment Manager shall maintain appropriate books of account and records relating to services performed hereunder, and such books of account and records shall be accessible for inspection by a representative of the Company, the Lender, Administrative Agent and independent accountants appointed by the Company at a mutually agreed time during normal business hours and upon not less than three (3) Business Days’ prior notice. At no time will the Investment Manager make a public announcement concerning the Credit DocumentsLoan Agreement, the Investment Manager’s role hereunder or any other aspect of the transactions contemplated by this Agreement and the Credit Documents Loan Agreement absent the written consent of the Company and the LenderCompany. The Investment Manager shall, and shall cause its Affiliates to, keep confidential any and all information obtained in connection with the services rendered hereunder and shall not disclose any such information to non non-affiliated third parties except (i) with the prior written consent of the Company, (ii) as required by law, regulation, court order or the rules or regulations of any self self-regulating organization, body or official having jurisdiction over the Investment Manager, (iii) to its professional advisers, (iv) such information as shall have been publicly disclosed other than in violation of this Agreement, (v) the identification of the Company as a client of the Investment Manager, (vi) information related to the performance of the Investment Manager, (vii) information furnished in connection with any successor investment manager or 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 Investment Manager on a non non-confidential basis; provided that the Investment 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 Lender Administrative Agent shall in no event be considered a “non non-affiliated third party,” and the Investment Manager may disclose any of the aforementioned information to the Lender Administrative Agent insofar as such information relates to Fund Investments the Company’s performance of its obligations under the Credit Loan Agreement.