Common use of UNICAPITAL Clause in Contracts

UNICAPITAL. UniCapital recognizes and acknowledges that it has in the past, currently has, and prior to the Closing Date will have, access to certain confidential information solely of the Company and its Subsidiary in connection with their respective businesses. UniCapital agrees that, prior to the Closing Date, it will not disclose any such confidential information to any person, firm, corporation, association, or other entity for any purpose or reason whatsoever without prior written consent of the Stockholders except as may be required by law or order of a court of competent jurisdiction unless the UniCapital can show that such information has become known to the public generally through no fault of UniCapital. Prior to disclosing any confidential information required by law or order of a court of competent jurisdiction, UniCapital shall provide the Stockholders with prompt notice of the disclosure requirement so that the Stockholders may take whatever action they deem appropriate to prohibit such disclosure. In the event of a breach or threatened breach by UniCapital of the provisions of this Section 15.2, the Stockholders shall be entitled to an injunction restraining UniCapital from disclosing, in whole or in part, such confidential information. Nothing contained herein shall be construed as prohibiting the Stockholders from pursuing any other available remedy for such breach or threatened breach, including the recovery of damages.

UNICAPITAL. UniCapital recognizes and acknowledges that it has in the past, currently has, and prior to the Closing Date will have, access to certain confidential information solely of the Company and its Subsidiary Subsidiaries in connection with their respective businesses. UniCapital agrees that, (i) prior to the Closing Date, or, (ii) if this Agreement terminates prior to the Closing Date, then indefinitely, it will not disclose any such confidential information to any person, firm, corporation, association, or other entity for any purpose or reason whatsoever without prior written consent of the Stockholders except as may be required by law or order of a court of competent jurisdiction jurisdiction, unless the UniCapital can show that such information has become known to the public generally through no fault of UniCapital. Prior to disclosing any confidential information required by law or order of a court of competent jurisdiction, UniCapital shall provide the Stockholders with prompt notice of the disclosure requirement so that the Stockholders may take whatever action they deem appropriate to prohibit such disclosure. In the event of a breach or threatened breach by UniCapital of the provisions of this Section 15.2, the Stockholders shall be entitled to an injunction restraining UniCapital from disclosing, in whole or in part, such confidential information. Nothing contained herein shall be construed as prohibiting the Stockholders from pursuing any other available remedy for such breach or threatened breach, including the recovery of damages.

UNICAPITAL. UniCapital recognizes and acknowledges that it has in the past, currently has, and prior to the Closing Date will have, access to certain confidential information solely of the Company and its Subsidiary in connection with their respective businesses. UniCapital agrees that, prior to the Closing Date, it will not disclose any such confidential information to any person, firm, corporation, association, or other entity for any purpose or reason whatsoever without prior written consent of the Stockholders Stockholders, except as may be required by law or order of a court of competent jurisdiction jurisdiction, unless the UniCapital can show that such information has become known to the public generally through no fault of the UniCapital. Prior to disclosing any confidential information required by law or order of a court of competent jurisdiction, UniCapital shall provide the Stockholders with prompt notice of the disclosure requirement so that the Stockholders may take whatever action they deem it deems appropriate to prohibit such disclosure. .. In the event of a breach or threatened breach by UniCapital of the provisions of this Section 15.2, the Stockholders shall be entitled to an injunction restraining UniCapital from disclosing, in whole or in part, such confidential information. Nothing contained herein shall be construed as prohibiting the Stockholders from pursuing any other available remedy for such breach or threatened breach, including the recovery of damages.

UNICAPITAL. UniCapital recognizes and acknowledges that it has in the past, currently has, and prior to the Closing Date will have, access to certain confidential information solely of the Company and its Subsidiary in connection with their its respective businessesbusiness ("Company Information") and (ii) certain confidential information concerning the Stockholder and certain business and activities of the Stockholder that are not a part of the transactions contemplated by this Agreement ("Stockholder 59 Information"). UniCapital agrees that, prior Prior to the Closing DateDate with respect to Company Information and at any time with respect to Stockholder Information, it will UniCapital shall not disclose any such confidential information to any person, firm, corporation, association, or other entity for any purpose or reason whatsoever without prior written consent of the Stockholders Stockholder, except as may be required by law or order of a court of competent jurisdiction jurisdiction, unless the UniCapital can show that such information has become known to the public generally through no fault of the UniCapital. Prior to disclosing any confidential information required by law or order of a court of competent jurisdiction, UniCapital shall provide the Stockholders Stockholder with prompt notice of the disclosure requirement so that the Stockholders Stockholder may take whatever action they deem it deems appropriate to prohibit such disclosure. In the event of a breach or threatened breach by UniCapital of the provisions of this Section 15.2, the Stockholders Stockholder shall be entitled to an injunction restraining UniCapital from disclosing, in whole or in part, such confidential information. Nothing contained herein shall be construed as prohibiting the Stockholders Stockholder from pursuing any other available remedy for such breach or threatened breach, including the recovery of damages.

UNICAPITAL. UniCapital recognizes and acknowledges that it has in the past, currently has, and prior to the Closing Date will have, access to (i) certain confidential information solely of the Company and its Subsidiary in connection with their respective businessesbusinesses ("Company Information") and (ii) certain confidential information concerning the Stockholders and certain business and activities of the Stockholders that are not a part of the transactions contemplated by this Agreement ("Stockholder Information"). UniCapital agrees that, prior Prior to the Closing DateDate with respect to Company Information and at any time with respect to Stockholder Information, it will UniCapital shall not disclose any such confidential information to any person, firm, corporation, association, or other entity for any purpose or reason whatsoever without prior written consent of the Stockholders except as may be required by law or order of a court of competent jurisdiction unless the UniCapital can show that such information has become known Stockholders. If at any time prior to the public generally through no fault of UniCapital. Prior Closing Date, the parties hereto do not wish to disclosing any confidential information required proceed with the transactions contemplated by law or order of a court of competent jurisdictionthis Agreement, UniCapital shall provide will promptly (and in no event later than five business days after such request) redeliver or cause to be redelivered to the Stockholders with prompt notice Company all copies of the disclosure requirement so that Company Information and Stockholder Information furnished to UniCapital by or on behalf of the Stockholders may take whatever action they deem appropriate Company and destroy or cause to prohibit such disclosurebe destroyed all materials prepared by UniCapital or any of its representatives in connection with the transactions contemplated hereby. In the event of a breach or threatened breach by UniCapital of the provisions of this Section 15.213.2, the Stockholders shall be entitled to an injunction restraining UniCapital from disclosing, in whole or in part, such confidential information. Nothing contained herein shall be construed as prohibiting the Stockholders from pursuing any other available remedy for such breach or threatened breach, including the recovery of damages.