Trading Information and Other Information. (a) Notwithstanding SECTION 9.1, the Bank may disclose Fund Confidential Information in connection with the Bank's hedging arrangements to recipients ("PERMITTED RECIPIENTS") if such Permitted Recipients represent and warrant to the Bank 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 Bank 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 Bank's obligation under this ARTICLE IX and to achieve compliance with applicable law. (b) Notwithstanding SECTION 9.1, the Bank may disclose Fund Confidential Information to those of its officers, employees, directors, representatives, agents, outside counsel, and independent auditors who need to see such information in connection with administration of the Agreement, the exercise of the Bank'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.
Appears in 1 contract
Samples: Financial Warranty Agreement (Pioneer Principal Preservation Fund)
Trading Information and Other Information. (a) Notwithstanding SECTION 9.1Section 9.01, the Bank Insurer may disclose Fund Confidential Information in connection with the BankInsurer's hedging and reinsurance arrangements to recipients ("PERMITTED RECIPIENTSPermitted Recipients") if such Permitted Recipients represent and warrant to the Bank Insurer that such Permitted Recipients will treat such information as Fund Confidential Information and comply in accordance with SECTION 9.1 of this AgreementArticle IX. The Adviser and the Fund agree that the Bank Insurer 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 9.2Section 9.01, and (iii) complying with the other requirements of an appropriate institutional compliance procedure in form and detail customary in the industry with respect to the investment activities of such investment officers and compliance officers which procedure is reasonably designed to be sufficient to satisfy the Bank's obligation under this ARTICLE IX and to achieve compliance with applicable law; and (iv) providing an undertaking to the Fund in the form of Schedule 4 hereto.
(b) Notwithstanding SECTION 9.1Section 9.01, the Bank 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 access to see such information in connection with administration of the Agreement, the exercise of the BankInsurer's rights hereunder, or legitimate corporate purposes so long as such persons agree to keep such information confidential on the terms contained in SECTION 9.1Section 9.01.
Appears in 1 contract
Samples: Financial Guarantee Agreement (Merrill Lynch Principal Protected Trust)
Trading Information and Other Information. (a) Notwithstanding SECTION 9.1Section 9.01, the Bank Insurer may disclose Fund Confidential Trading Information and Other Information in connection with the BankInsurer's hedging and reinsurance arrangements to recipients ("PERMITTED RECIPIENTSPermitted Recipient") if such Permitted Recipients represent and warrant to the Bank Insurer that such Permitted Recipients will treat such information as Fund Confidential Information and comply with SECTION 9.1 of this AgreementInformation. The Adviser and the Fund agree that the Bank Insurer 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 9.2Section 9.01, 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 Bank's obligation under this ARTICLE IX and to achieve compliance with applicable law.
(b) Notwithstanding SECTION 9.1Section 9.01, the Bank Insurer may disclose Fund Confidential Other Information to those of its officers, employees, directors, representatives, agents, outside counsel, and independent auditors who need to see such information in connection with administration of the Agreement, the exercise of the BankInsurer's rights hereunder, or legitimate corporate purposes so long as such persons agree to keep such information confidential on the terms contained in SECTION 9.1Section 9.01.
Appears in 1 contract
Samples: Financial Guarantee Agreement (Smith Barney Trust Ii)
Trading Information and Other Information. (a) Notwithstanding SECTION 9.1Section 9.01, the Bank Insurer may disclose Fund Confidential Trading Information and Other Information in connection with the BankInsurer's hedging and reinsurance arrangements to recipients ("PERMITTED RECIPIENTSPermitted Recipients") if such Permitted Recipients represent and warrant to the Bank Insurer that such Permitted Recipients will treat such information as Fund Confidential Information and comply with SECTION 9.1 of this Agreementconfidential information. The Adviser and the Fund agree that the Bank Insurer 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 confidential information 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 9.2Section 9.01, 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 Bank's obligation under this ARTICLE IX and to achieve compliance with applicable law.
(b) Notwithstanding SECTION 9.1Section 9.01, the Bank Insurer may disclose Fund Confidential Other Information to those of its officers, employees, directors, representatives, agents, outside counsel, and independent auditors who need to see such information in connection with administration of the Agreement, the exercise of the BankInsurer's rights hereunder, or legitimate corporate purposes so long as such persons agree to keep such information confidential on the terms contained in SECTION 9.1Section 9.01.
Appears in 1 contract
Samples: Financial Guarantee Agreement (Smith Barney Trust Ii)
Trading Information and Other Information. (a) Notwithstanding SECTION Section 9.1, the Bank Warranty Provider may to the extent necessary in the Warranty Provider's sole discretion disclose Fund Confidential Information in connection with the BankWarranty Provider's hedging arrangements to recipients ("PERMITTED RECIPIENTSPermitted Recipients") if so long as such Permitted Recipients represent and warrant persons agree to the Bank that such Permitted Recipients will treat keep such information as Fund Confidential Information and comply with SECTION 9.1 of this Agreementconfidential on the terms contained in Section
9.1. The Adviser and the Fund agree that the Bank 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, 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 Bank's obligation under this ARTICLE IX and to achieve compliance with applicable lawindustry.
(b) Notwithstanding SECTION Section 9.1, the Bank 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 BankWarranty 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 Section 9.1.
Appears in 1 contract
Samples: Financial Warranty Agreement (Oppenheimer Principal Protected Trust)