Bally Total Fitness Letterhead]Confidentiality Agreement • August 29th, 2006 • Bally Total Fitness Holding Corp • Services-membership sports & recreation clubs • New York
In connection with your consideration of a possible negotiated transaction (a “Possible Transaction”) with Bally Total Fitness Holding Corporation (the “Company”), the Company is prepared to make available to you and your Representatives (as hereinafter defined) certain information concerning the business, financial condition, operations, assets and liabilities of the Company and/or its subsidiaries, affiliates and divisions. As a condition to such information being furnished to you and your Representatives, you agree that you will, and will use reasonable efforts to cause your Representatives to, treat the Evaluation Material (as hereinafter defined) in accordance with the provisions of this letter agreement and take or abstain from taking certain other actions as set forth herein. The term “Representatives” shall include the members, directors, officers, employees, agents, affiliates, partners and advisors of a party and those of its subsidiaries, affiliates and/or divisions (includi
