Evaluation Material shall have the meaning ascribed thereto in Section 6.3(a).
Evaluation Material has the meaning set forth in Section 5.2(b).
Evaluation Material has the meaning set forth in the Confidentiality Agreement.
Examples of Evaluation Material in a sentence
You will be responsible for any failure to comply with the terms of this letter agreement by you or your Representatives, and you agree at your sole commercially reasonable expense, to take all commercially reasonable measures to restrain your Representatives from prohibited or unauthorized disclosure or use of the Evaluation Material.
You will protect the Evaluation Material with the same degree of care that you use to prevent the unauthorized use, access or disclosure of your own confidential and proprietary information, which will be not less than a reasonable degree of care.
The Evaluation Material will be used solely for the purpose of evaluating your potential purchase of the Property from one or more entities advised by the Company or its affiliates (the “Transaction”) and not for any other purpose.
Following your execution of this letter agreement, the delivery to you of Evaluation Material by or on behalf of the Company shall confirm the agreement of the Company to the terms and conditions of this letter agreement.
Notwithstanding the return or destruction or permitted retention of the Evaluation Material, you and your Representatives will continue to be bound by your obligations of confidentiality and other obligations hereunder.
More Definitions of Evaluation Material
Evaluation Material shall have the meaning set forth in Section 9.10(a).
Evaluation Material shall have the meaning given to that term in the Confidentiality Agreement;
Evaluation Material means (a) all documents, materials and information relating, directly or indirectly, to (i) a Potential Transaction or (ii) the Company, its parent entities, its subsidiaries and their respective businesses, products, markets, conditions (financial or other), operations, assets, liabilities, results of operations, cash flows, plans and prospects, including, without limitation, technical, commercial, financial, accounting, legal and administrative information, in each case, which has been or will be furnished to you or any of your Representatives, in any format, in writing or orally, by or on behalf of the Company or any of its Representatives in connection with a Potential Transaction, together with all notes, analyses, compilations, studies, reports, forecasts, interpretations or other documents and materials prepared by or for you or any of your Representatives or by or for the Company or its subsidiaries or any of their respective Representatives and which is delivered, disclosed or furnished to you or any of your Representatives by or on behalf of the Company or any of its Representatives in connection with a Potential Transaction, and (b) (i) the fact that an evaluation of a Potential Transaction is occurring or has occurred, (ii) the fact that any Evaluation Material is being or has been made available to you and (iii) the existence of (x) any discussions, negotiations or agreements among any of you, the Company, its subsidiaries or any other person, in relation to a Potential Transaction, or (y) any of the terms, conditions or other facts with respect to a Potential Transaction, including the substance or status of any such discussions, negotiations or agreements. Notwithstanding any other provision hereof, the term “Evaluation Material” shall not include information which (i) is or becomes generally available to the public other than as a result of a disclosure by you or your Representatives in violation hereof or any other obligation of confidentiality to which you or they are bound, (ii) prior to disclosure to you by or on behalf of the Company, was already in your or your Representatives’ possession (as demonstrated by your written records) lawfully and on a non-confidential basis, (iii) after disclosure to you by or on behalf of the Company, is disclosed to you or your Representatives (as demonstrated by your written records) from a source (other than the Company, any of its subsidiaries or their respective Representatives) that, to your knowle...
Evaluation Material has the meaning set forth in Section 4.23(a).
Evaluation Material means all information concerning Owner or the Property (whether prepared by Owner, its Representatives or otherwise and irrespective of the form of communication) that has been furnished or is now or in the future furnished to Purchaser or to its Representatives by or on behalf of Owner and all other information or data received or discussed in connection with Purchaser’s inspections, reviews or examinations in respect of the Property. Evaluation Material shall be deemed to include all notes, analyses, compilations, studies, interpretations or other documents prepared by Purchaser or its Representatives that contain, reflect or are based upon, in whole or in part, the information furnished to Purchaser or its Representatives pursuant hereto; provided, however, that the foregoing shall not require Purchaser to reveal or disclose to Owner in any manner any such notes, analyses, compilations, studies, interpretations or other documents prepared by Purchaser or its Representatives. The term Evaluation Material shall not include information which (i) is or becomes generally available to the public other than as a result of a disclosure by Purchaser or its Representatives, (ii) either (a) was within Purchaser’s or its Representatives’ possession prior to its being furnished to Purchaser or its Representatives by or on behalf of Owner, or (b) becomes available to Purchaser or its Representatives on a non-confidential basis from a source other than Owner or any of its Representatives, provided that in either (a) or (b) above, the source of such Evaluation Material is not known by Purchaser or its Representatives to be (or such source should not be reasonably known by Purchaser or its Representatives to be) bound by a confidentiality agreement with, or other obligation of secrecy to, Owner or its Representatives to treat such information confidentially.
Evaluation Material means all information concerning the Company and/or the Property, including but not limited to any of the Property’s ownership structures (whether prepared by the Company, its advisors or otherwise and irrespective of the form of communication), that is furnished to you or to your Representatives now or in the future by or on behalf of the Company. “Evaluation Material” also shall be deemed to include all analyses, compilations, forecasts, studies, summaries, notes, data and/or other documents prepared by you or your Representatives containing, reflecting or generated from, in whole or in part, the information furnished to you or your Representatives pursuant hereto. The term Evaluation Material does not include any information which (i) is or becomes publicly available other than as a result of a disclosure by you or your Representatives, (ii) is already in your possession, on a non-confidential basis, provided that such information is not actually known by you, after due inquiry, to be subject to any legal or contractual obligation of confidentiality owed to the Company or its Representatives, (iii) becomes available to you on a non-confidential basis from a source other than the Company or its Representatives, provided that such source is not known by you, after due inquiry, to be subject to any legal, contractual or fiduciary obligation to the Company or its Representatives or another party reasonably known to have an obligation to the Company to keep such information confidential, or (iv) is independently developed by you without use of or reference to the Evaluation Material or otherwise violating any of your obligations hereunder.
Evaluation Material means all information provided to the Purchaser or the Purchaser’s Representatives by the Company or the Company’s Representatives in connection with the investment by the Purchaser made pursuant to the Unit Purchase Agreement, including all analyses, compilations, forecasts, studies or other documents prepared by or for the Purchaser or the Purchaser’s Representatives that contain or reflect any such information, whether provided or created before, on or after the date of this Agreement.