Borrowers’ Confidential Information definition
Borrowers’ Confidential Information means any trade secret or confidential proprietary information (including, without limitation, operating information, vendor and supplier information, Member information or business plans) concerning Borrowers’ and Guarantors’ business obtained by Agent, Bahamian Collateral Agent or any Lender in connection with the structuring, negotiating and execution of the transactions contemplated herein, and any trade secret or confidential proprietary information provided by Borrowers or Guarantors to Agent, Bahamian Collateral Agent or any Lender after the date hereof pursuant to the Loan Documents or upon request. Notwithstanding the foregoing, no information shall be deemed Borrowers’ Confidential Information if that information was in the public domain prior to the date of this Agreement or subsequently came into the public domain through no fault of Agent, Bahamian Collateral Agent or any Lender; was lawfully received by Agent, Bahamian Collateral Agent or a Lender from a third party, free of any obligation of confidentiality to any Borrower or Guarantor; or was already in the lawful possession of Agent, Bahamian Collateral Agent or a Lender prior to receipt from the Borrowers and/or Guarantors.