Survival of Confidentiality Agreement. (a) Notwithstanding anything contained in this Agreement to the contrary, the provisions of the Confidentiality Agreement dated as of June 11, 2009 between SSE and NVSL (the “Confidentiality Agreement”) shall survive and remain in full force and effect in accordance with their terms.
(b) Each of SSE and NVSL shall promptly deliver to the other all agreements, documents, contracts, instruments, books, records, materials and other information (in any format) (“Proprietary Information”) of the other party, and, at the other party’s sole election, return or destroy (provided that any such destruction shall be certified by a duly authorized representative of the party) all copies, reproductions, summaries, analyses or extracts thereof or based thereon (whether in hard-copy form or on intangible media, such as electronic mail or computer files) in the party’s possession or in the possession of any of its representatives. Notwithstanding the return or destruction of any Proprietary Information, or documents or material containing or reflecting any Proprietary Information, the parties will continue to be bound by their obligations of confidentiality and other obligations hereunder for the term of the Confidentiality Agreement (or such other term as may be applicable to the specific obligation).
Survival of Confidentiality Agreement. Notwithstanding anything to the contrary in this Agreement, the Confidentiality Agreement will (i) survive termination of this Agreement in accordance with its terms, and (ii) terminate upon and be of no force or effect after the Closing.
Survival of Confidentiality Agreement. The Confidentiality Agreement shall survive any termination of this Agreement and nothing in this Section 9.3 shall relieve the Parties of their obligations under the Confidentiality Agreement.
Survival of Confidentiality Agreement. The Confidentiality Agreement shall remain in full force and effect in accordance with its terms. In accordance with Section 3 of the Confidentiality Agreement, ARC and ALC shall each certify in writing to the other that all "Information" (as defined in the Confidentiality Agreement) relating to the other consisting of memoranda, notes, analyses, compilations, studies, or other documents prepared by the receiving party for its use have been destroyed.
Survival of Confidentiality Agreement. Notwithstanding anything contained in this Agreement to the contrary, the provisions of the Confidentiality Agreement, dated as of July 10, 2001, between Parent and the Company (the "Confidentiality Agreement"), shall survive and remain in full force and effect in accordance with its terms. By April 15, 2002, pursuant to the Confidentiality Agreement, Parent agrees to: (a) destroy or cause the destruction of all electronic or machine readable copies of the Evaluation Material (as defined in the Confidentiality Agreement) in the possession of Parent or its Representatives (as defined in the Confidentiality Agreement); and (b) either (i) deliver to the Company all originals and copies of the Evaluation Material in the possession of Parent or its Representatives or (ii) destroy all originals and copies of Evaluation Material in the possession of Parent or its Representatives. By April 15, 2002, Parent agrees to provide a written certification, executed by an executive officer of Parent, certifying that Parent and its Representatives have returned or destroyed all Evaluation Material in their possession.
Survival of Confidentiality Agreement. Notwithstanding anything contained in this Agreement or in the Merger Agreement to the contrary, the provisions of the Confidentiality Agreements dated February 23, 2009 and April 9, 2009 between Berkshire Hills Bancorp and CNB Financial (the “Confidentiality Agreements”) shall survive and remain in full force and effect in accordance with its terms. On or before July 10, 2000, Xxxxxxxxx Xxxxx Bancorp and CNB Financial agree to return to the other party all Confidential Information (as such term is defined in the Confidentiality Agreements) held by it or any of its affiliates, directors, officers, employees, agents, financial advisors, legal advisors, accountants or controlling persons (the “Representatives’), and to destroy all other documents, memoranda, notes, summaries, analyses, extracts, compilations, studies or other material prepared by or in the possession of the other party of their Representatives, based on the Confidential Information. Each party acknowledges that the Confidentiality Agreements apply to any respective successor(s) thereof.
Survival of Confidentiality Agreement. Notwithstanding any provisions of the Merger Agreement to the contrary, the provisions of Sections 2.1, 2.4, 2.7 and 2.8 of the Confidentiality Agreement shall survive the termination of the Merger Agreement, and each party will use commercially reasonable efforts to promptly return all Evaluation Material (as defined in the Confidentiality Agreement) relating to the other party to the other party or destroy the same, as requested by the other party, and will otherwise cooperate with the other party in taking all reasonable steps necessary to carry out an orderly termination of actions heretofore taken to carry out the transactions contemplated by the Merger Agreement, provided, however, that if the Receiving Company (as defined in the Confidentiality Agreement) reasonably determines that
Survival of Confidentiality Agreement. (a) Notwithstanding anything contained in this Agreement to the contrary, the provisions of the Confidentiality Agreement dated as of November 17, 2004 between Parent and the Company (the “Confidentiality Agreement”) shall survive and remain in full force and effect in accordance with their terms.
(b) Each of Parent and Merger Sub, on the one hand, and the Company, on the other hand, shall promptly deliver to the other all Proprietary Information of the other party, and, at the other party’s sole election, return or destroy (provided that any such destruction shall be certified by a duly authorized Representative of the party) all copies, reproductions, summaries, analyses or extracts thereof or based thereon (whether in hard-copy form or on intangible media, such as electronic mail or computer files) in the party’s possession or in the possession of any of its Representatives; provided, that if a legal proceeding has been instituted to seek disclosure of the Proprietary Information, such material shall not be destroyed until the proceeding is settled or a final judgment with respect thereto has been rendered; and provided, further, that all documents reflecting the party’s final evaluation of the Merger Agreement and the reasons for its decision to proceed or not to proceed with the transactions contemplated thereby will not be required to be returned or destroyed, however, the Confidentiality Agreement will continue to apply to any such information on the terms set forth herein. Notwithstanding the return or destruction of any Proprietary Information, or documents or material containing or reflecting any Proprietary Information, the parties will continue to be bound by their obligations of confidentiality and other obligations hereunder for the term of the Confidentiality Agreement (or such other term as may be applicable to the specific obligation).
Survival of Confidentiality Agreement. Notwithstanding the purchase of Shares contemplated hereby, except to the extent inconsistent with the Purchasers' rights under this Agreement, the Term Loan Agreement, or the Registration Rights Agreement, the Purchasers' obligations to hold certain information concerning the Trust in confidence pursuant to the letter agreement dated May 30, 1997, as amended July 29, 1997, to which the Purchasers and the Company are parties, shall survive, and shall remain in effect in accordance with its terms.
Survival of Confidentiality Agreement. Notwithstanding anything contained in this Agreement or in the Merger Agreement to the contrary, the provisions of the Non-Disclosure Agreement dated October 13, 2020, between DLP Bancshares and Sunnyside Bancorp (the “Confidentiality Agreement”) shall survive and remain in full force and effect in accordance with its terms. On or before June 16, 2021, DLP Bancshares and Sunnyside Bancorp agree to return to the other party or certify the destruction of all Confidential Information (as such term is defined in the Confidentiality Agreement) held by it or any of its affiliates, directors, officers, employees, agents, financial advisors, legal advisors, accountants or controlling persons (the “Representatives”), and to destroy all other documents, memoranda, notes, summaries, analyses, extracts, compilations, studies or other material prepared by or in the possession of the other party of their Representatives, based on the Confidential Information. Each party acknowledges that the Confidentiality Agreement applies to any respective successor(s) thereof.
