Use of Certain Information Sample Clauses

Use of Certain Information. The Adviser shall not use any information relating to the Manager, the Fund, or to any life insurance company or separate account thereof that is a shareholder of the Trust, other than as expressly permitted under this Agreement, unless such information and its proposed use have been submitted to the Manager for approval prior to use and the Manager does not reasonably object in writing to such use within ten (10) business days after receiving such materials or unless such information is generally known.
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Use of Certain Information. Participant shall not knowingly use in his or her work for the Company, any ideas, processes, code, inventions, improvements, developments and discoveries subject to any right or obligation of a third party, including trade secrets, patents, copyrights, trademarks, or open source obligations.
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Use of Certain Information. Except as otherwise set forth in this Agreement or the Manufacturing and Supply Agreement, no Party shall, without the appropriate Party’s prior written consent, use the names, service marks or trademarks of another Party as trademarks or to suggest any affiliation, sponsorship, endorsement or recommendation. All employees, agents, representatives and consultants of each Party and Licensee’s Affiliates and sublicensees shall be required to comply with the terms of this Section 5, and each Party, as applicable, shall be responsible for any breach thereof and the performance or non-performance of each such Person.
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Use of Certain Information. In reaching a determination under section 1671b, 1671d, 1673b, 1673d, 1675, or 1675b of this title the administering authority and the Com- mission shall not decline to consider informa- tion that is submitted by an interested party and is necessary to the determination but does not meet all the applicable requirements estab- lished by the administering authority or the Commission, if— (1) the information is submitted by the dead- line established for its submission, (2) the information can be verified, (3) the information is not so incomplete that it cannot serve as a reliable basis for reaching the applicable determination, (4) the interested party has demonstrated that it acted to the best of its ability in pro- viding the information and meeting the re- quirements established by the administering authority or the Commission with respect to the information, and (5) the information can be used without undue difficulties.
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Use of Certain Information. Administrative Agent acknowledges that (a) Borrower’s common stock is listed for trading on the Nasdaq Capital Market and is subject to the reporting requirements of the Exchange Act and (b) prior to the Closing Date (as a result of its due diligence investigation of Borrower) and following the Closing Date (due to Borrower’s requirement to provide information to Administrative Agent as provided for herein), it has and may in the future come into possession of information which may be deemed “material non-public information” (“MNPI”) within the meaning of the U.S. federal securities laws regarding Borrower and its Business. At the request of Administrative Agent, Borrower agrees to label and identify MNPI as such and provide disclosure information that does not include such MNPI for Lenders that have indicated in writing that they do not wish to receive such MNPI.
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Use of Certain Information. Except as required by applicable -------------------------- Legal Requirements, unless otherwise agreed to in writing by Buyer, for a period commencing on the Closing Date and terminating five (5) years after such date, Sellers shall (i) keep all information relating to the Business or the Assets and all information contained in the Assets (including all information with respect to the identities, purchasing history and natural gas requirements of the customers of the Business) confidential and not disclose or reveal any such information to any Person other than Sellers' Representatives who are actively and directly participating in the transactions contemplated hereby or who otherwise need to know such information for such purpose and to cause those Persons and each of their Affiliates to observe the terms of this Section 6.1(d) and (ii) not to use, or permit any Affiliate to use, such information for any other purpose, including the marketing or sale of unregulated natural gas to customers of the Business. Sellers shall continue to hold all such information according to the same internal security procedures and with the same degree of care regarding its secrecy and confidentiality as currently applicable thereto. Sellers shall notify Buyer of any unauthorized disclosure of any such information to third parties that it discovers and shall endeavor to prevent any further such disclosures. Sellers shall be responsible for any breach of the terms of this Section 6.1(d) by either Seller or any Sellers' Representatives or any of their Affiliates. After the Closing Date, in the event that a Seller is requested pursuant to, or required by, applicable Legal Requirements to disclose any such information, or any other information concerning the Business or the Assets, or the transactions contemplated hereby, such Seller shall provide Buyer with prompt notice of such request or requirement in order to enable Buyer to seek an appropriate protective order or other remedy, to consult with such Seller with respect to taking steps to resist or narrow the scope of the request or legal process (it being understood that any such efforts to seek a protective order or other remedy or to resist or narrow the scope of such request or legal process shall be at the sole cost and expense of Buyer), or to waive compliance, in whole or in part, with the terms of this Section 6.1(d). Such Seller agrees not to oppose any action by Buyer to obtain any such protective order or other app...
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Use of Certain Information. Until the fifth anniversary of the Termination Date, JPMC agrees that it shall not use Cardholder Information supplied by Sears in connection with the Program to solicit, directly or indirectly, any Cardholders for any consumer financial products in Canada which bear the name or any trademark of any Sears Competitor; provided that the Parties acknowledge and agree that this provision shall not prohibit or restrict JPMC from conducting any general solicitation or from soliciting any such Cardholders, including for credit card products, so long as such solicitation does not include the name or any trademark of any Sears Competitor.
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Use of Certain Information. Parent agrees that Purchaser shall have the -------------------------- right to use in the operation of the Xxxxx any know-how, formula, process and other proprietary information that is (i) owned by Parent or any of its Affiliates, (ii) utilized in any material respect in the conduct of the Carve Out Business, and (iii) is not an Acquired Asset. The preceding sentence does not apply to any Computer Software, Computer Hardware or any computer services or the business records listed on Section 1.2(ii) of the Parent Disclosure Letter. Purchaser shall take reasonable steps to protect the 72 confidentiality of such information and will not disclose such information to any third party or use such information for any purpose other than the operation of the Xxxxx in each case to the extent that it is protected by Parent and Parent otherwise retains a proprietary interest therein.
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Use of Certain Information. Except as otherwise set forth in this Agreement or the Trademark License Agreement, entered into concurrently herewith, no Party shall, without the appropriate Party’s prior written consent, use the names, service marks or trademarks of another Party as trademarks or use such names, service marks or trademarks to suggest any affiliation, sponsorship, endorsement or recommendation. All employees, agents, representatives and consultants of each Party and its Affiliates and sublicensees shall be required to comply with the terms of this Section 6, and each Party, as applicable, shall be responsible for any breach thereof and the performance or non-performance of each such party.
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Related to Use of Certain Information

  • Treatment of Certain Information Each of the Administrative Agent, the Lenders and the L/C Issuer agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (i) to its Affiliates, its auditors and its Related Parties (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential), (ii) to the extent required or requested by any regulatory authority purporting to have jurisdiction over such Person or its Related Parties (including any self-regulatory authority, such as the National Association of Insurance Commissioners), (iii) to the extent required by applicable Laws or regulations or by any subpoena or similar legal process, (iv) to any other party hereto, (v) in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder, (vi) subject to an agreement containing provisions substantially the same as those of this Section, to (A) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights and obligations under this Agreement or any Eligible Assignee invited to be a Lender pursuant to Section 2.16(c) or (B) any actual or prospective party (or its Related Parties) to any swap, derivative or other transaction under which payments are to be made by reference to the Borrower and its obligations, this Agreement or payments hereunder, (vii) on a confidential basis to (A) any rating agency in connection with rating the Borrower or its Subsidiaries or the credit facilities provided hereunder or (B) the provider of any Platform or other electronic delivery service used by the Administrative Agent, the L/C Issuer and/or the Swingline Lender to deliver Borrower Materials or notices to the Lenders or (C) the CUSIP Service Bureau or any similar agency in connection with the issuance and monitoring of CUSIP numbers or other market identifiers with respect to the credit facilities provided hereunder, or (viii) with the consent of the Borrower or to the extent such Information (1) becomes publicly available other than as a result of a breach of this Section or (2) becomes available to the Administrative Agent, any Lender, the L/C Issuer or any of their respective Affiliates on a nonconfidential basis from a source other than the Borrower. For purposes of this Section, “Information” means all information received from the Borrower or any Subsidiary relating to the Borrower or any Subsidiary or any of their respective businesses, other than any such information that is available to the Administrative Agent, any Lender or the L/C Issuer on a nonconfidential basis prior to disclosure by the Borrower or any Subsidiary, provided that, in the case of information received from the Borrower or any Subsidiary after the date hereof, such information is clearly identified at the time of delivery as confidential. Any Person required to maintain the confidentiality of Information as provided in this Section shall be considered to have complied with its obligation to do so if such Person has exercised the same degree of care to maintain the confidentiality of such Information as such Person would accord to its own confidential information. In addition, the Administrative Agent and the Lenders may disclose the existence of this Agreement and information about this Agreement to market data collectors, similar service providers to the lending industry and service providers to the Agents and the Lenders in connection with the administration of this Agreement, the other Loan Documents and the Commitments.

  • Delivery of Certain Information At any time when the Company is not subject to Section 13 or 15(d) of the Exchange Act, upon the request of a Holder or any beneficial holder of Securities or shares of Common Stock which are restricted securities issued upon conversion thereof, the Company will promptly furnish or cause to be furnished Rule 144A Information (as defined below) to such Holder or any beneficial holder of Securities or holder of shares of Common Stock issued upon conversion of Securities, or to a prospective purchaser of any such security designated by any such holder, as the case may be, to the extent required to permit compliance by such Holder or holder with Rule 144A under the Securities Act in connection with the resale of any such security. "Rule 144A Information" shall be such information as is specified pursuant to Rule 144A(d)(4) under the Securities Act.

  • PROVISION OF CERTAIN INFORMATION BY SUBADVISER The Subadviser will promptly notify the Adviser in writing of the occurrence of any of the following events: a. the Subadviser fails to be registered as an investment adviser under the Investment Advisers Act or under the laws of any jurisdiction in which the Subadviser is required to be registered as an investment adviser in order to perform its obligations under this Agreement; b. the Subadviser is served or otherwise receives notice of any action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, public board or body, involving the affairs of the Trust; and c. any change in actual control or management of the Subadviser or the portfolio manager of any Portfolio.

  • Treatment of Certain Information; Confidentiality Each of the Administrative Agent and the Lenders agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates and to its Related Parties (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential), (b) to the extent required or requested by any regulatory authority purporting to have jurisdiction over such Person or its Related Parties (including any self-regulatory authority, such as the National Association of Insurance Commissioners), (c) to the extent required by applicable Laws or regulations or by any subpoena or similar legal process, (d) to any other party hereto, (e) in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder, (f) subject to an agreement containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights or obligations under this Agreement or (ii) any actual or prospective party (or its Related Parties) to any swap, derivative or other transaction under which payments are to be made by reference to the Borrower and its obligations, this Agreement or payments hereunder, (g) on a confidential basis to (i) any rating agency in connection with rating the Borrower or its Subsidiaries or the credit facilities provided hereunder or (ii) the CUSIP Service Bureau or any similar agency in connection with the issuance and monitoring of CUSIP numbers or other market identifiers with respect to the credit facilities provided hereunder, (h) with the consent of the Borrower or (i) to the extent such Information (x) becomes publicly available other than as a result of a breach of this Section 10.07 or (y) becomes available to the Administrative Agent, any Lender or any of their respective Affiliates on a nonconfidential basis from a source other than the Borrower. In addition, the Administrative Agent and the Lenders may disclose the existence of this Agreement and customary information about this Agreement to market data collectors, similar service providers to the lending industry and service providers to the Administrative Agent and the Lenders in connection with the administration of this Agreement, the other Loan Documents, and the Commitments.

  • Use of Certain Words Unless the context requires otherwise: (i.) “including” (and any of its derivative forms) means including but not limited to;

  • PROVISION OF CERTAIN INFORMATION BY ADVISER The Adviser will promptly notify the Trust in writing of the occurrence of any of the following: a. the Adviser fails to be registered as an investment adviser under the Advisers Act or under the laws of any jurisdiction in which the Adviser is required to be registered as an investment adviser in order to perform its obligations under this Agreement; b. the Adviser is served or otherwise receives notice of any action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, public board or body, involving the affairs of the Trust; and c. the chief executive officer or managing member of the Adviser or the portfolio manager of any Fund changes.

  • Electronic Delivery of Certain Information Each Guarantor acknowledges and agrees that information regarding the Guarantor may be delivered electronically pursuant to Section 8.5. of the Credit Agreement.

  • Provision of Certain Information by the Adviser The Adviser will promptly notify the Sub-Adviser (1) in the event that the SEC has censured the Adviser or the Trust; placed limitations upon either of their activities, functions, or operations; suspended or revoked the Adviser’s registration as an investment adviser; or, to the knowledge of the Adviser, has commenced proceedings or an investigation that may result in any of these actions and (2) upon having a reasonable basis for believing that each Fund has ceased to qualify or might not qualify as a regulated investment company under Subchapter M of the Code.

  • Certain Information The Company agrees to provide Holder at any time and from time to time with such information as Holder may reasonably request for purposes of Holder’s compliance with regulatory, accounting and reporting requirements applicable to Holder.

  • Use of Certain Terms As used in this Agreement, the words “herein,” “hereof,” and “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular paragraph, subparagraph, section, subsection, or other subdivision. Whenever the context may require, any pronoun used in this Agreement shall include the corresponding masculine, feminine or neuter forms, and the singular form of nouns, pronouns and verbs shall include the plural and vice versa.

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