Treatment of Information. (a) Certain of the Banks may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum and take or not take action hereunder or thereunder on the basis of information that does not contain Restricting Information. Other Banks may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum and take or not take action hereunder or thereunder on the basis of information that may contain Restricting Information. Each Bank acknowledges that United States federal and state securities laws prohibit any person from purchasing or selling securities on the basis of material, non-public information concerning an issuer of such securities or, subject to certain limited exceptions, from communicating such information to any other Person. Neither the Agent nor any of its Related Parties shall, by making any Communications (including Restricting Information) available to a Bank, by participating in any conversations or other interactions with a Bank or otherwise, make or be deemed to make any statement with regard to or otherwise warrant that any such information or Communication does or does not contain Restricting Information nor shall the Agent or any of its Related Parties be responsible or liable in any way for any decision a Bank may make to limit or to not limit its access to Restricting Information. In particular, none of the Agent nor any of its Related Parties (i) shall have, and the Agent, on behalf of itself and each of its Related Parties, hereby disclaims, any duty to ascertain or inquire as to whether or not a Bank has or has not limited its access to Restricting Information, such Bank’s policies or procedures regarding the safeguarding of material, nonpublic information or such Bank’s compliance with applicable laws related thereto or (ii) shall have, or incur, any liability to any Borrower or Bank or any of their respective Related Parties arising out of or relating to the Agent or any of its Related Parties providing or not providing Restricting Information to any Bank.
Treatment of Information. 2.1 The Employee acknowledges that in his position, or in any other position the Employee may hold, in and as a result of the Employee's relationship with ViRexx, the Employee shall, or may be making use of, acquiring or adding to Confidential Information about certain matters and things which are confidential to ViRexx and which information is the exclusive property of ViRexx.
Treatment of Information. (a) Certain of the Lenders may enter into this Agreement and take or not take action hereunder or under the other Loan Documents on the basis of information that does not contain material non-public information with respect to any of the Loan Parties (“Restricting Information”). Other Lenders may enter into this Agreement and take or not take action hereunder or under the other Loan Documents on the basis of information that may contain Restricting Information. Neither any Agent nor any of its Related Persons shall, by making any Communications (including Restricting Information) available to a Lender Party, by participating in any conversations or other interactions with a Lender Party or otherwise, make or be deemed to make any statement with regard to or otherwise warrant that any such information or Communication does or does not contain Restricting Information nor shall any Agent or any of its Related Persons be responsible or liable in any way for any decision a Lender Party may make to limit or to not limit its access to Restricting Information. In particular, no Agent nor any of its Related Persons (i) shall have, and each Agent, on behalf of itself and each of its Related Persons, hereby disclaims, any duty to ascertain or inquire as to whether or not a Lender Party has or has not limited its access to Restricting Information, such Lender Party’s policies or procedures regarding the safeguarding of material, nonpublic information or such Lender Party’s compliance with applicable laws related thereto or (ii) shall have, or incur, any liability to any Loan Party or Lender Party or any of their respective Related Persons arising out of or relating to any Agent or any of its Related Persons providing or not providing Restricting Information to any Lender Party.
Treatment of Information. Any Information furnished to you or any of your Representatives by a representative of the Company will be deemed for purposes of this agreement to have been furnished by the Company. You will keep a record in reasonable detail of the Information furnished to you and of the location of the Information. As soon as possible upon the Company's written request or upon the termination of the Evaluation, you will return to the Company all written information which has been provided to you and will destroy (or, at our option, return to the Company) all written documentation prepared by you or your Representatives based in whole or in part on any Information. Such destruction (or return) will be confirmed in writing to the Company. Notwithstanding the return or destruction of any Information, or documents or materials containing or reflecting any Information, you will continue to be bound by your obligations of confidentiality and other obligations hereunder.
Treatment of Information. Except as otherwise provided herein, neither Party will use the Confidential Information other than for the purpose of evaluating, negotiating and consummating the proposed Transaction. The Confidential Information that is written, except for that portion that may be found in analyses, compilations, studies or other documents prepared by or for a Party, will be returned to the other Party immediately upon such other Party’s request and no copies shall be retained by such Party or its Representatives. That portion of the Confidential Information that is found in analyses, compilations, studies or other documents prepared by or for a Party, the Confidential Information that is oral and the Confidential Information that is not so requested or returned will be held by such Party and kept subject to the terms of this agreement or destroyed.
Treatment of Information. Each Borrower hereby acknowledges that (a) the Administrative Agent and/or the other Lead Arrangers will make available to the Lender Parties materials and/or information provided by or on behalf of the Borrowers hereunder (collectively, “Borrower Materials”) by posting the Borrower Materials on IntraLinks or another similar electronic system (the “Platform”) and (b) certain of the Lenders (each, a “Public Lender”) may have personnel who do not wish to receive material non-public information (within the meaning of the U.S. federal securities law) (“MNPI”) with respect to the Borrowers or their respective Affiliates, or the respective securities of any of the foregoing, and who may be engaged in investment and other market-related activities with respect to such Persons’ securities. Each Borrower hereby agrees that it will, if so requested by the Administrative Agent, use commercially reasonable efforts to identify that portion of the Borrower Materials that may be distributed to the Public Lenders and that (w) at the request of the Administrative Agent, all such Borrower Materials shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (x) by marking Borrower Materials “PUBLIC,” the Borrowers shall be deemed to have authorized the Administrative Agent, the Lead Arrangers, and the Lender Parties to treat such Borrower Materials as not containing any material non-public information (although it may be sensitive and proprietary) with respect to the Company or its securities for purposes of United States Federal and state securities laws (provided, however, that to the extent such Borrower Materials constitute Information, they shall be treated as set forth in Section 10.11); and (y) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of the Platform designated “Public Side Information”; and (z) the Administrative Agent and the Lead Arrangers shall be entitled to treat any Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on a portion of the Platform not designated “Public Side Information”.
Treatment of Information. For purposes of section 552 of title 5, United States Code, this section shall be consid- ered a statute described in subsection (b)(3) of such section 552.
Treatment of Information. Disclosing Party shall use reasonable efforts to mark Confidential Information disclosed in tangible form as "Confidential" or "Proprietary" and to reduce to writing within 30 days all Confidential Information that is disclosed orally; provided, however, that a failure to do so shall not affect the status of such information as Confidential Information under this Agreement. A Recipient shall keep all Confidential Information strictly confidential and shall protect such Confidential Information from disclosure using the same degree of care used to protect its own Confidential Information, but in any case using no less than a reasonable degree of care. A Recipient may disclose Confidential Information to its affiliates who agree, in writing, to be bound by this Agreement, and to its employees and contractors who have a need to know for the purpose of this Agreement, and who are bound in writing to protect the Confidential Information from unauthorized use and disclosure. A Recipient agrees to advise any such authorized recipients of Confidential Information of the terms of this Agreement and its obligations under this Agreement. All obligations with respect to the Confidential Information shall survive the termination of this Agreement as set forth in Section 11 hereof.
Treatment of Information. Employee acknowledges that, in and as a result of Employee’s employment by the Company, Employee shall or may be making use of, acquiring and/or adding to confidential information of a special and unique nature and value relating to such matters as the Company’s trade secrets, systems, programs, procedures, manuals, confidential reports and communications, the agreements with or terms of any relationship or agreement with any distributor, customer or strategic partner, and lists and/or electronic mail addresses of customers and prospective customers (“Confidential Information”). Employee further acknowledges that any information and materials received by the Company from third parties in confidence (or subject to nondisclosure or similar covenants) shall be deemed to be and shall be “Confidential Information” within the meaning of this Section 5. Employee covenants and agrees that Employee shall not, except with the prior written consent of the Company, or except if Employee is acting as an employee of the Company solely for the benefit of the Company in connection with the Company’s business and in accordance with the Company’s business practices and employee policies, at any time during or following the Employment Term, directly or indirectly, disclose, divulge, reveal, report, publish, transfer or use, for any purpose whatsoever, any of such Confidential Information which has been obtained by or disclosed to Employee as a result of Employee’s employment with the Company, including any of the Protected Information referred to in Section 5(b). Disclosure of any such Confidential Information of the Company shall not be prohibited if (i) such information (A) is known or available through other lawful sources not bound by a confidentiality agreement or obligation with the Company; or (B) is or becomes publicly known or generally known in the industry through no fault of Employee; or (ii) such disclosure is directly related to a valid and existing order of a court or other governmental body or agency within the United States or other legal process; provided, however, that (A) Employee shall first have given prompt notice to the Company of any possible or prospective order (or proceeding pursuant to which any such order may result) and (B) the Company shall have been afforded a reasonable opportunity to prevent or limit any such disclosure.
Treatment of Information. (a) Each Party shall, and shall cause all other persons providing or receiving Services or having access to Information of the other Party to, (i) maintain the confidentiality of the disclosing Party’s Information in accordance with Article VII of the Separation Agreement, and (ii) comply with all other applicable provisions of Article VII of the Separation Agreement in the performance of its duties and obligations under this Agreement.
