Common use of Trading Information and Other Information Clause in Contracts

Trading Information and Other Information. Notwithstanding Section 9.1, the Warranty Provider may disclose Fund Confidential Information in connection with the Warranty Provider's hedging arrangements to recipients ("Permitted Recipients") if such Permitted Recipients represent and warrant to the Warranty Provider that such Permitted Recipients will treat such information as Fund Confidential Information and comply with Section 9.1 of this Agreement. The Adviser and the Fund agree that the Warranty Provider and any Permitted Recipient will satisfy their obligation to treat such information as Fund Confidential Information and comply with Section 9.1 of the Agreement by (i) restricting access to such information to the investment officers and compliance officers who require access to such information for monitoring, hedging, administration and compliance purposes, (ii) obtaining the agreement of such investment officers and compliance officers to keep such information confidential on the terms of this Section 9.2, and (iii) complying with the other requirements of an institutional compliance procedure in form and detail customary in the industry and reasonably designed to be sufficient to satisfy the Warranty Provider's obligation under this Article IX and to achieve compliance with applicable law. (a) Notwithstanding Section 9.1, the Warranty Provider may disclose Fund Confidential Information to those of its officers, employees, directors, representatives, agents, outside counsel, and independent auditors (collectively, "Representatives") who need to see such information in connection with administration of the Agreement, the exercise of the Warranty Provider's rights hereunder, or legitimate corporate purposes so long as such persons agree to keep such information confidential on the terms contained in Section 9. 1. The Warranty Provider agrees to remain responsible for any breach of Article IX by its Representatives and or Permitted Recipients.

Trading Information and Other Information. (a) Notwithstanding Section 9.1, the Warranty Provider may disclose Fund Confidential Information in connection with the Warranty Provider's hedging arrangements to recipients ("Permitted Recipients") if such Permitted Recipients represent and warrant to the Warranty Provider that such Permitted Recipients will treat such information as Fund Confidential Information and comply with Section 9.1 of this Agreement. The Adviser and the Fund agree that the Warranty Provider and any Permitted Recipient will satisfy their obligation to treat such information as Fund Confidential Information and comply with Section 9.1 of the Agreement by (i) restricting access to such information to the investment officers and compliance officers who require access to such information for monitoring, hedging, administration and compliance purposes, (ii) obtaining the agreement of such investment officers and compliance officers to keep such information confidential on the terms of this Section 9.2, and (iii) complying with the other requirements of an institutional compliance procedure in form and detail customary in the industry and reasonably designed to be sufficient to satisfy the Warranty Provider's obligation under this Article IX and to achieve compliance with applicable law. (ab) Notwithstanding Section 9.1, the Warranty Provider may disclose Fund Confidential Information to those of its officers, employees, directors, representatives, agents, outside counsel, and independent auditors (collectively, "Representatives") who need to see such information in connection with administration of the Agreement, the exercise of the Warranty Provider's rights hereunder, or legitimate corporate purposes so long as such persons agree to keep such information confidential on the terms contained in Section 9. 19.1. The Warranty Provider agrees to remain responsible for any breach of Article IX by its Representatives and or Permitted Recipients.

Trading Information and Other Information. (a) Notwithstanding Section 9.1, the Warranty Provider may to the extent necessary in the Warranty Provider's sole discretion disclose Fund Confidential Information in connection with the Warranty Provider's hedging arrangements to recipients ("Permitted Recipients") if such Permitted Recipients represent and warrant to the Warranty Provider that such Permitted Recipients will treat such information as Fund Confidential Information and comply with Section 9.1 of this Agreement. The Adviser and the Fund agree that the Warranty Provider and any Permitted Recipient will satisfy their obligation to treat such information as Fund Confidential Information and comply with Section 9.1 of the Agreement by (i) restricting access to such information to the investment officers and compliance officers who require access to such information for monitoring, hedging, administration and compliance purposes, (ii) obtaining the agreement of such investment officers and compliance officers to keep such information confidential on the terms of this Section 9.2, and (iii) complying with the other requirements of an institutional compliance procedure in form and detail customary in the industry and reasonably designed to be sufficient to satisfy the Warranty Provider's obligation under this Article IX and to achieve compliance with applicable law. (ab) Notwithstanding Section 9.1, the Warranty Provider may disclose Fund Confidential Information to those of its officers, employees, directors, representatives, agents, outside counsel, and independent auditors (collectively, "Representatives") who need to see such information in connection with administration of the Agreement, the exercise of the Warranty Provider's rights hereunder, or legitimate corporate purposes so long as such persons agree to keep such information confidential on the terms contained in Section 9. 1. The Warranty Provider agrees to remain responsible for any breach of Article IX by its Representatives and or Permitted Recipients.

Trading Information and Other Information. (a) Notwithstanding Section 9.19.01, the Warranty Provider Insurer may disclose Fund Confidential Trading Information and Other Information in connection with the Warranty ProviderInsurer's hedging and reinsurance arrangements only to recipients entities ("Permitted Recipients") if such Permitted Recipients that (A) represent and warrant to the Warranty Provider that such Permitted Recipients will are not registered investment advisers and (B) undertake to treat such information as Fund Confidential Information and comply with Section 9.1 of this Agreementconfidential information. The Adviser and the Fund agree that each of the Warranty Provider Insurer and any Permitted Recipient will satisfy their its obligation to treat such information as Fund Confidential Information and comply with Section 9.1 of the Agreement confidential information by (i) restricting access to such information to the investment officers and compliance officers who (x) require access to such information for monitoring, hedging, administration and compliance purposes, and (y) are not engaged in the business of being an investment adviser, (ii) obtaining the agreement of such investment officers and compliance officers to keep such information confidential on the terms of this Section 9.29.01, and (iii) complying with the other requirements of an appropriate institutional compliance procedure in form with respect to the investment activities of such investment officers and detail customary in the industry and compliance officers which procedure is reasonably designed to be sufficient to satisfy the Warranty Provider's obligation under this Article IX and to achieve compliance with applicable law. A Permitted Recipient may disclose Trading Information in connection with its hedging arrangements only on the same terms as this Section 9.02(a). (ab) Notwithstanding Section 9.19.01, the Warranty Provider Insurer may disclose Fund Confidential Other Information to those of its officers, employees, directors, representatives, agents, outside counsel, and independent auditors (collectively, "Representatives") who need to see have access to such information in connection with for the administration of the Agreement, the exercise of the Warranty ProviderInsurer's rights hereunder, or legitimate corporate purposes so long as such persons agree to keep such information confidential on the terms contained in Section 99.01. Notwithstanding Section 9.01, the Insurer may disclose Other Information to Permitted Recipients who agree to disclose such information only to those of its officers, employees, directors, representatives, agents, outside counsel, and independent auditors who need to have access to such information for legitimate corporate purposes and who agree to keep such information confidential on the terms contained in Section 9.01. 1. The Warranty Provider agrees to remain responsible for any breach of Article IX by its Representatives and or Permitted Recipients.

Trading Information and Other Information. (a) Notwithstanding Section 9.1, the Warranty Provider may to the extent ----------- necessary in the Warranty Provider's sole discretion disclose Fund Confidential Information in connection with the Warranty Provider's hedging arrangements to recipients ("Permitted Recipients") so long as such persons --------------------- agree to keep such information confidential on the terms contained in Section -------- 9.1, provided, however, that if such a Permitted Recipients represent and warrant to Recipient is not an affiliate of --- the Warranty Provider that (or is not the Warranty Provider's legal counsel), any agreement by such Permitted Recipients will treat Recipient to keep such information as Fund Confidential Information and comply with Section 9.1 of this Agreementconfidential must be acceptable to the Fund in its reasonable discretion. The Adviser and the Fund agree that the Warranty Provider and any Permitted Recipient will satisfy their obligation to treat such information as Fund Confidential Information and comply with Section 9.1 of ----------- the Agreement by (i) restricting access to such information to the investment officers and compliance officers who require access to such information for monitoring, hedging, administration and compliance purposes, provided, however, that in no case will individuals employed by Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx Incorporated as "Financial Advisors" (iii.e., registered representatives) obtaining be granted access to any Fund Confidential Information that includes specific information regarding the agreement identity of such investment officers and compliance officers to keep such information confidential on the terms of this Section 9.2Shareholders, and (iiiii) complying with the other requirements of an institutional compliance procedure in form and detail customary in the industry and reasonably designed to be sufficient to satisfy the Warranty Provider's obligation under this Article IX and to achieve compliance with applicable lawindustry. (ab) Notwithstanding Section 9.1, the Warranty Provider may disclose Fund ----------- Confidential Information to those of its officers, employees, directors, representatives, agents, outside counsel, and independent auditors (collectively, "Warranty Provider Representatives") who need (in the Warranty --------------------------------- Provider's sole discretion) to see such information in connection with administration of the Agreement, the exercise of the Warranty Provider's rights hereunder, or legitimate corporate purposes so long as such persons agree to keep such information confidential on the terms contained in Section 99.1. ----------- Section 9.3 Confidentiality Obligations of the Adviser and the Fund. ------------------------------------------------------- -- (a) Subject to subsection (b) below, the Adviser and the Fund each agrees from the commencement of the Offering Period through and including one year after the Maturity Date, on behalf of itself and its agents, not to disclose or use for any purpose other than the approval or administration of this Agreement and the exercise of its rights and obligations hereunder any confidential information (including, without limitation, proprietary information as to systems, software and trading methods) (collectively, "Warranty Provider Confidential Information") provided by the Warranty ----------------------------------------------- Provider to the Adviser or the Fund hereunder unless (i) such information was or becomes generally available to the public other than as a result of the Adviser's or the Fund's breach of this Article IX; (ii) such information is ---------- already in the Adviser's or the Fund's possession (other than Warranty Provider Confidential Information provided to the Adviser or the Fund by the Warranty Provider or its representatives), provided that such information is not known by the Adviser or the Fund to be subject to another confidentiality agreement with, or obligation of secrecy to, the Warranty Provider or its representatives; (iii) such information was or becomes available to the Adviser of the Fund on a non-confidential basis from a source other than the Warranty Provider or its representatives; provided that the source is not known by the Adviser or the Fund to be bound by a confidentiality agreement with, or other obligation of secrecy to, the Warranty Provider or its representatives; or (iv) such information is required to be disclosed pursuant to applicable law or in connection with any legal proceedings or to the extent required by a subpoena, order of any court or Government Authority. 1. The (b) Notwithstanding subsection (a) above, each of the Adviser and the Fund may disclose Warranty Provider agrees Confidential Information to remain responsible for any breach those of Article IX by its Representatives respective officers, employees, directors, representatives, agents, outside counsel, and independent auditors (collectively "Fund/Adviser --------------- Representatives") who need (in the Adviser's or Permitted Recipients.the Fund's, as applicable, reasonable discretion) to see such information in connection with administration of the Agreement or the exercise of the Adviser's and Fund's rights or obligations hereunder or thereunder, so long as such persons agree to keep such information confidential on the terms contained in this Section 9.3. -----------

Trading Information and Other Information. (a) Notwithstanding Section 9.1, the Warranty Provider may disclose Fund Confidential Information in connection with the Warranty Provider's hedging arrangements to recipients ("Permitted Recipients") if such Permitted Recipients represent and warrant to the Warranty Provider that such Permitted Recipients will treat such information as Fund Confidential Information and comply with Section 9.1 of this Agreement. The Adviser and the Fund agree that the Warranty Provider and any Permitted Recipient will satisfy their obligation to treat such information as Fund Confidential Information and comply with Section 9.1 of the Agreement by (i) restricting access to such information to the investment officers and compliance officers who require access to such information for monitoring, hedging, administration and compliance purposes, (ii) obtaining the agreement of such investment officers and compliance officers to keep such information confidential on the terms of this Section 9.2, and (iii) complying with the other requirements of an institutional compliance procedure in form and detail customary in the industry and reasonably designed to be sufficient to satisfy the Warranty Provider's obligation under this Article IX and to achieve compliance with applicable law. (ab) Notwithstanding Section 9.1, the Warranty Provider may disclose Fund Confidential Information to those of its officers, employees, directors, representatives, agents, outside counsel, and independent auditors (collectively, "Representatives") who need to see such information in connection with administration of the Agreement, the exercise of the Warranty Provider's rights hereunder, or legitimate corporate purposes so long as such persons agree to keep such information confidential on the terms contained in Section 9.information 1. The Warranty Provider agrees to remain responsible for any breach of Article IX by its Representatives and or Permitted Recipients.

Trading Information and Other Information. (a) Notwithstanding Section 9.1, the Warranty Provider may disclose Fund Confidential Information in connection with the Warranty Provider's hedging arrangements to recipients ("Permitted Recipients") if such Permitted Recipients represent and warrant to the Warranty Provider that such Permitted Recipients will treat such information as Fund Confidential Information and comply with Section 9.1 of this Agreement. The Adviser and the Fund agree that the Warranty Provider and any Permitted Recipient will satisfy their obligation to treat such information as Fund Confidential Information and comply with Section 9.1 of the Agreement by (i) restricting access to such information to the investment officers and compliance officers who require access to such information for monitoring, hedging, administration and compliance purposes, (ii) obtaining the agreement of such investment officers and compliance officers to keep such information confidential on the terms of this Section 9.2, and (iii) complying with the other requirements of an institutional compliance procedure in form and detail customary in the industry and reasonably designed to be sufficient to satisfy the Warranty Provider's obligation under this Article IX and to achieve compliance with applicable law. (ab) Notwithstanding Section 9.1, the Warranty Provider may disclose Fund Confidential Information to those of its officers, employees, directors, representatives, agents, outside counsel, and independent auditors (collectively, "Representatives") who need to see such information in connection with administration of the Agreement, the exercise of the Warranty Provider's rights hereunder, or legitimate corporate purposes so long as such persons agree to keep such information confidential on the terms contained in Section 9. 1. The Warranty Provider agrees to remain responsible for any breach of Article IX by its Representatives and or Permitted Recipients.

Trading Information and Other Information. (a) Notwithstanding Section SECTION 9.1, the Warranty Provider may disclose Fund Confidential Information in connection with the Warranty Provider's hedging arrangements to recipients ("Permitted RecipientsPERMITTED RECIPIENTS") if such Permitted Recipients represent and warrant to the Warranty Provider that such Permitted Recipients will treat such information as Fund Confidential Information and comply with Section SECTION 9.1 of this Agreement. The Adviser and the Fund agree that the Warranty Provider and any Permitted Recipient will satisfy their obligation to treat such information as Fund Confidential Information and comply with Section SECTION 9.1 of the Agreement by (i) restricting access to such information to the investment officers and compliance officers who require access to such information for monitoring, hedging, administration and compliance purposes, (ii) obtaining the agreement of such investment officers and compliance officers to keep such information confidential on the terms of this Section 9.2, and (iii) complying with the other requirements of an institutional compliance procedure in form and detail customary in the industry and reasonably designed to be sufficient to satisfy the Warranty Provider's obligation under this Article ARTICLE IX and to achieve compliance with applicable law. (ab) Notwithstanding Section SECTION 9.1, the Warranty Provider may disclose Fund Confidential Information to those of its the respective officers, employees, directors, representatives, agents, outside counsel, and independent auditors (collectivelyof the Warranty Provider, "Representatives") the Calculation Agent, the Guarantor and their respective Affiliates who need to see such information in connection with administration of the Agreement, the exercise of the Warranty Provider's rights hereunder, or legitimate corporate purposes so long as such persons agree to keep such information confidential on the terms contained in Section 9SECTION 9.1. 1. The Warranty Provider agrees to remain responsible for any breach of Article IX by its Representatives and or Permitted Recipients.

Trading Information and Other Information. (a) Notwithstanding Section 9.1, the Warranty Provider may to the extent necessary in the Warranty Provider's sole discretion disclose Fund Confidential Information in connection with the Warranty Provider's hedging arrangements to recipients ("Permitted Recipients") so long as such persons agree to keep such information confidential on the terms contained in Section 9.1, provided, however, that if such a Permitted Recipients represent and warrant to Recipient is not an affiliate of the Warranty Provider that (or is not the Warranty Provider's legal counsel), any agreement by such Permitted Recipients will treat Recipient to keep such information as Fund Confidential Information and comply with Section 9.1 of this Agreementconfidential must be acceptable to the Fund in its reasonable discretion. The Adviser and the Fund agree that the Warranty Provider and any Permitted Recipient will satisfy their obligation to treat such information as Fund Confidential Information and comply with Section 9.1 of the Agreement by (i) restricting access to such information to the investment officers and compliance officers who require access to such information for monitoring, hedging, administration and compliance purposes, provided, however, that in no case will individuals employed by Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx Incorporated as "Financial Advisors" (iii.e., registered representatives) obtaining be granted access to any Fund Confidential Information that includes specific information regarding the agreement identity of such investment officers and compliance officers to keep such information confidential on the terms of this Section 9.2Shareholders, and (iiiii) complying with the other requirements of an institutional compliance procedure in form and detail customary in the industry and reasonably designed to be sufficient to satisfy the Warranty Provider's obligation under this Article IX and to achieve compliance with applicable lawindustry. (ab) Notwithstanding Section 9.1, the Warranty Provider may disclose Fund Confidential Information to those of its officers, employees, directors, representatives, agents, outside counsel, and independent auditors (collectively, "Warranty Provider Representatives") who need (in the Warranty Provider's sole discretion) to see such information in connection with administration of the Agreement, the exercise of the Warranty Provider's rights or obligations hereunder, or legitimate corporate purposes so long as such persons agree to keep such information confidential on the terms contained in Section 99.1. 1. The Warranty Provider agrees to remain responsible for any breach of Article IX by its Representatives and or Permitted Recipients.