Applicable Confidential Information definition
Applicable Confidential Information. Notwithstanding any other provisions of this Agreement, the nondisclosure obligations specified in Section 5.6 shall not apply to any Information which:
(a) is, at the time of an alleged breach of Section 5.6, already in the possession of the receiving Party without obligation of confidentiality;
(b) is, at the time of an alleged breach of Section 5.6, publicly available without breach of this Agreement;
(c) has been, at the time of an alleged breach of Section 5.6, released for public disclosure by the disclosing Party with its written consent;
(d) can be shown by the receiving Party, as of the time of an alleged breach of Section 5.6, to have been rightfully received independently of this Agreement from a third party without any obligation of confidentiality; or
(e) can be shown by the receiving Party to have been internally developed by it completely independently of this Agreement prior to the date of an alleged breach of Section 5.6.
Applicable Confidential Information means information that cannot be disclosed to any Lender or the Administrative Agent as a consequence of (a) a restriction contained in an operating or similar agreement entered into in the ordinary course of business prior to the Closing Date, so long as the Borrower shall have used commercially reasonable efforts to obtain a waiver from such restriction to permit such information to be provided to such Lender, the Administrative Agent or Person, or (b) a restriction contained in an operating or similar agreement entered into in the ordinary course of business and consistent with past practices of the Borrower on or after the Closing Date so long as the Company entering into such agreement used reasonable efforts to have such restriction omitted from such agreement.
Applicable Confidential Information means all Information (as defined in the Confidentiality Agreements) other than Information to the extent related to (i) any business of a member of the Relevant Group other than the Business, including the Excluded Business, or (ii) any member of the Relevant Group other than the Acquired Entities (in each case, after giving effect to the Contribution).
Examples of Applicable Confidential Information in a sentence
Each invoice shall be delivered concurrently with each shipment of Product and be accompanied by a Certificate of Analysis, Certificate of Compliance and any other documentation required by the applicable Regulatory Authorities or by Applicable Confidential Information - .
More Definitions of Applicable Confidential Information
Applicable Confidential Information is information that cannot be disclosed to any Lender, L/C Issuer, or Agent as a consequence of (i) a restriction contained in an agreement entered into prior to the Closing Date so long as the Borrower shall have used reasonable efforts to obtain a waiver from such restriction to permit such information to be provided to such Lender, Agent or Person, or (ii) a restriction contained in an agreement entered into on or after the Closing Date so long as the Credit Party entering into such agreement used reasonable efforts to have such restriction omitted from such agreement.