NONDISCLOSURE AND NO-TRADING AGREEMENTNondisclosure and No-Trading Agreement • October 12th, 2005 • Sloan Acquisition Corp • Electric services • Delaware
THIS NONDISCLOSURE AND NO-TRADING AGREEMENT (the “Agreement”) is entered into to facilitate discussions relating to a potential transaction (the “Transaction”) between BayCorp Holdings, Ltd., a Delaware corporation (“BayCorp”) and Sloan Group Ltd. or its affiliate (“Sloan”). In evaluating the Transaction, BayCorp and Sloan expect to make available to each other certain nonpublic information concerning their respective businesses, financial condition, operations, assets, properties, liabilities, prospects, and other confidential information. As a condition to such information being made available by BayCorp, Sloan agrees, and as a condition to such information being made available by Sloan, BayCorp agrees, that all Evaluation Material (as defined below) received from the other party or any of its directors, officers, employees, agents or advisors (including, without limitation, attorneys, accountants, investment bankers, and other consultants and advisors) (collectively, “Representative
