Confidentiality. The Bank, including as Letter of Credit Issuer, agrees to hold any confidential information that it may receive from Borrowers pursuant to this Agreement in confidence, except for disclosure # to the extent they need to know in connection with the negotiation, administration or enforcement of the Loan Documents, to # its Affiliates, and any of the officers, directors, employees and agents of any of the foregoing; and # to legal counsel, accountants and other professional advisors to Borrowers or the Bank; # to regulatory officials having jurisdiction over the Bank; # as required by Law or legal process or in connection with any legal proceeding to which either of the Bank or Borrowers are adverse parties; # to another financial institution in connection with a disposition or proposed disposition to that financial institution of all or part of its interests hereunder or a participation interest in its proportionate share; or # if an Event of Default has occurred and is continuing, to the extent that the Bank determines such disclosure to be necessary or appropriate in the enforcement or for the protection of the rights and remedies under the Loan Documents. For purposes of the foregoing, "confidential information" shall mean all information respecting Borrowers or their Affiliates or their respective businesses delivered to the Bank, other than # information that was publicly known prior to the time of such disclosure (including information previously filed with any Tribunal and available to the public), # information that subsequently becomes publicly known through no violation of this Section by the Bank, its Affiliates or any of the officers, directors, employees and agents of any of the foregoing and # information that otherwise becomes known to the Bank other than through non-confidential disclosure by, or on behalf of, Borrowers or any Affiliate thereof. Nothing in this Section 9.28 shall be construed to create or give rise to any fiduciary duty on the part of any of the Bank to Borrowers.
Confidentiality. The Bank, including as Letter of Credit Issuer,9.10Confidentiality. Each Lender agrees to hold any confidential information thatwhich it may receive from Borrowersthe Borrower pursuant to this Agreement in confidence, except for disclosure # to the extent they needits Affiliates and to knowother [[Organization B:Organization]] and their respective Affiliates, # to legal counsel, accountants, and other professional advisors to such Lender or to a Transferee, # to regulatory officials having jurisdiction over such Lender or any of its Affiliates, # as required by law, regulation, or legal process, # as required in connection with the negotiation, administrationany legal proceeding to which such Lender is a party, # to such Lender’s direct or enforcement of the Loan Documents, to # its Affiliates, and any of the officers, directors, employees and agents of any of the foregoing; and #indirect contractual counterparties in Rate Management Transactions or to legal counsel, accountants and other professional advisors to Borrowerssuch counterparties, # permitted by [Section 12.4], # in connection with the exercise of rights or remedies hereunder or under any Loan Document or Rate Management Agreement or any action or proceeding relating to the enforcement of rights hereunder or thereunder, # to the extent such confidential information becomes publicly available other than as a result of a breach of this [Section 9.10] or becomes available to the disclosing Lender or its Affiliates on a non-confidential basis from a source other than the Borrower, its Subsidiaries or another Lender or any of its Affiliates, and # on a confidential basis to # any rating agency in connection with the Borrower or its Subsidiaries or the Bank;facilities created hereunder or # the CUSIP Service Bureau or any similar agency in connection with the issuance monitoring of CUSIP numbers with respect to regulatory officials having jurisdiction over the Bank; # as requiredfacilities created hereunder. In the case of any disclosure pursuant to [clause (i), (ii), (vi), (vii) or (x) above], each Person to whom such disclosure is made will be informed of the confidential nature of such information and instructed to keep such information confidential. In the case of any requested disclosure pursuant to [clause (iv) or (v) above], the applicable Lender will give prompt notice of the request to the Borrower (unless prohibited by Lawthe terms of the applicable law, regulation, subpoena or other legal process or in connection with any legal proceeding to which either of the Bank or Borrowers are adverse parties; # to another financial institution in connection with a disposition or proposed disposition to that financial institution of all or part of its interests hereunder or a participation interest in its proportionate share; or # if an Event of Default has occurred and is continuing, to the extentproceeding) so that the Bank determines such disclosureBorrower may endeavor to be necessaryobtain a protective order or appropriate in the enforcement or for the protectionother assurance of the rights and remedies under the Loan Documents. For purposes of the foregoing, "confidential information" shall mean all information respecting Borrowers or their Affiliates or their respective businesses delivered to the Bank, other than # information that was publicly known prior to the time of such disclosure (including information previously filed with any Tribunal and available to the public), # information that subsequently becomes publicly known through no violation of this Section by the Bank, its Affiliates or any of the officers, directors, employees and agents of any of the foregoing and # information that otherwise becomes known to the Bank other than through non-confidential disclosure by, or on behalf of, Borrowers or any Affiliate thereof. Nothing in this Section 9.28 shall be construed to create or give rise to any fiduciary duty on the part of any of the Bank to Borrowers.treatment.
14.12Confidentiality. Each of Credit Issuer, agreesAgent, Lenders and Issuing Bank shall maintain the confidentiality of all Information (as defined below), except that Information may be disclosed # to hold anyits Affiliates, and to its and their partners, directors, officers, employees, agents, advisors and representatives (provided such Persons are informed of the confidential information thatnature of the Information and instructed to keep it may receive from Borrowers pursuant to this Agreement in confidence, except for disclosureconfidential); # to the extent they needrequested by any Governmental Authority or self-regulatory authority purporting to know in connection with the negotiation, administrationhave jurisdiction over it or enforcement of the Loan Documents, to # its Affiliates, and any of the officers, directors, employees and agents of any of the foregoing; andAffiliates; # to the extent required by Applicable Law or by any subpoena or other legal counsel, accountants and other professional advisors to Borrowers or the Bank;process; # to regulatory officials having jurisdiction over the Bank;any other party hereto; # as required by Law or legal process or in connection with any legalaction or proceeding relating to which eitherany Loan Documents or Obligations; # subject to an agreement containing provisions substantially the same as this Section, to any Transferee or any actual or prospective party (or its advisors) to any Bank Product; # with the consent of the Bank or Borrowers are adverse parties; # to another financial institution in connection with a disposition or proposed disposition to that financial institution of all or part of its interests hereunder or a participation interest in its proportionate share;Borrower Agent; or # if an Event of Default has occurred and is continuing, to the extent that the Bank determines such disclosure to be necessary or appropriate in the enforcement or for the protection of the rights and remedies under the Loan Documents. For purposes of the foregoing, "confidential information" shall mean all information respecting Borrowers or their Affiliates or their respective businesses delivered to the Bank,Information # becomes publicly available other than # information that was publicly known prior to the timeas a result of such disclosure (including information previously filed with any Tribunal and available to the public), # information that subsequently becomes publicly known through no violationa breach of this Section by the Bank, its Affiliatesor # is available to Agent, any Lender, Issuing Bank or any of their Affiliates on a nonconfidential basis from a source other than Borrowers. Notwithstanding the officers, directors, employeesforegoing, Agent and agentsLenders may publish or disseminate general information concerning this credit facility for league table, tombstone and advertising purposes, and may use Borrowers’ logos, trademarks or product photographs in advertising materials. As used herein, “Information” means all information received from a Borrower or its Domestic Subsidiaries relating to it or its business that is identified as confidential when delivered. Any Person required to maintain the confidentiality of anyInformation pursuant to this Section shall be deemed to have complied if it exercises a degree of care similar to that which it accords its own confidential information. Each of Agent, Lenders and Issuing Bank acknowledges that # Information may include material non-public information; # it has developed compliance procedures regarding the foregoinguse of material non-public information; and # it will handle such material non-public information that otherwise becomes known to the Bank other than through non-confidential disclosure by, or on behalf of, Borrowers or any Affiliate thereof. Nothing in this [Section 9.28] shall be construed to create or give rise to any fiduciary duty on the part of any of the Bank to Borrowers.accordance with Applicable Law.
Section # Confidentiality. The Bank, including as Letter of Credit Issuer,Each Lender agrees to hold any confidential information that it may receive from Borrowers pursuant to this Agreement in confidence,maintain the confidentiality of the Information (as defined below), except for disclosure # to the extent they needits Affiliates and to knowother and their respective Affiliates, # to legal counsel, accountants, any agents or advisors of such Lender or such Lender’s Affiliates, in each case, in connection with the negotiation, administration of this Agreement or enforcementthe Loans, and other professional advisors (including, but not limited to, insurers and other risk protection advisors), to such Lender or to a Transferee who know or are informed of the Loan Documents,confidential nature of such Information, # to regulatory officials, # its Affiliates, andto any of the officers, directors, employees and agents ofPerson as required by law, regulation, or legal process, # to any of the foregoing; andPerson in connection with any legal proceeding to which such Lender is a party, # to such Lender’s direct or indirect contractual counterparties in swap agreements or to legal counsel, accountants and other professional advisors to such counterparties, # permitted by [Section 13.4], # to rating agencies if requested or required by such agency in connection with a rating relating to the Advances hereunder and # on a confidential basis to the CUSIP Service Bureau or any similar agency in connection with the issuance and monitoring of CUSIP numbers with respect to the Agreement. For the purposes of this [Section 10.11], “Information” means all information received from any Borrower relating to the Borrowers or their business, other than any such information that is available to the Bank; #Agent or any Lender on a non-confidential basis prior to regulatory officials having jurisdiction overdisclosure by any Borrower and other than information pertaining to this Agreement routinely provided by arrangers to data service providers, including league table providers, that serve the Bank; # as requiredlending industry. Nothing in any Loan Document shall prevent disclosure of any confidential information or other matter to the extent that preventing that disclosure would otherwise cause any transaction contemplated by Lawthe Loan Documents, or legal process orany transaction carried out in connection with any legal proceedingtransaction contemplated thereby, to which eitherbecome an arrangement described in Part II A 1 of the Bank or Borrowers are adverse parties; # to another financial institution in connection with a disposition or proposed disposition to that financial institution[Annex IV] of all or part of its interests hereunder or a participation interest in its proportionate share; or # if an Event of Default has occurred and is continuing, to the extent that the Bank determines such disclosure to be necessary or appropriate in the enforcement or for the protection of the rights and remedies under the Loan Documents. For purposes of the foregoing, "confidential information" shall mean all information respecting Borrowers or their Affiliates or their respective businesses delivered to the Bank, other than # information that was publicly known prior to the time of such disclosure (including information previously filed with any Tribunal and available to the public), # information that subsequently becomes publicly known through no violation of this Section by the Bank, its Affiliates or any of the officers, directors, employees and agents of any of the foregoing and # information that otherwise becomes known to the Bank other than through non-confidential disclosure by, or on behalf of, Borrowers or any Affiliate thereof. Nothing in this [Section 9.28] shall be construed to create or give rise to any fiduciary duty on the part of any of the Bank to Borrowers.Directive 2011/16/EU.
Confidentiality. The Bank, including as Letter of Credit Issuer,Each Lender agrees to hold any confidential information thatwhich it may receive from Borrowers or any of its Subsidiaries pursuant to this Agreement in confidence, except for disclosure # to the extent they needits Affiliates and to know in connection with the negotiation, administration or enforcement of the Loan Documents, to # itsother Lenders and their respective Affiliates, and any of the officers, directors, employees and agents of any of the foregoing; and # to legal counsel, accountants and other professional advisors to Borrowerssuch Lender or the Bank;to a Transferee, # to regulatory officials having jurisdiction over the Bank;officials, # to any Person as requested pursuant to or as required by Lawlaw, regulation or legal process orprocess, # to any Person as may be required by law in connection with any legal proceeding to which either of the Bank or Borrowers are adverse parties;such Lender is a party, # to another financial institutionsuch Lenders direct or indirect contractual counterparties in interest rate swap agreements or credit derivative transactions relating to the Loans or to legal counsel, accountants and other professional advisors to such counterparties or to any credit insurance providers relating to the Borrowers and their obligations, # as permitted by Section 13.4, # to rating agencies if requested or required by such agencies in connection with a disposition or proposed dispositionrating relating to that financial institution of all or part of its interests hereunder or a participation interest in its proportionate share; orthe Advances hereunder, # if an Event of Default has occurred and is continuing, to the extent that the Bank determines such disclosure to be necessary or appropriate in the enforcement or for the protection of the rights and remedies under the Loan Documents. For purposes of the foregoing, "confidential information" shall mean all information respecting Borrowers or their Affiliates or their respective businesses delivered to the Bank,# becomes publicly available other than as a result of a breach of this Section 10.9 or # information that was publicly known prior to the time of such disclosure (including information previously filed with any Tribunal andbecomes available to the public), # information that subsequently becomes publicly known through no violation of this Section by the Bank, its AffiliatesAdministrative Agent, any Issuing Bank or any lender on a non-confidential basis from a source other than or any of its Subsidiaries or # with the officers, directors, employees and agentsconsent of any of the foregoing and # information that otherwise becomes known to the Bank other than through non-confidential disclosure by, or on behalf of, Borrowers or any Affiliate thereof. Nothing in this Section 9.28 shall be construed to create or give rise to any fiduciary duty on the part of any of the Bank to Borrowers..
Section # . Confidentiality. The Bank, includingEach Bank agrees to take normal and reasonable precautions and exercise due care (in the same manner as it exercises for its own affairs) to maintain the confidentiality of all information identified as “confidential” by the Company and provided to it by the Company or any Subsidiary of the Company, or by the Administrative Agent on such Company’s or Subsidiary’s behalf, in connection with this Agreement, any Letter of Credit Issuer, agrees to holdor any confidentialother Loan Document, and neither it nor any of its Affiliates shall use any such information that it may receive from Borrowersfor any purpose or in any manner other than pursuant to the terms contemplated by this Agreement in confidence,Agreement; except for disclosure # to the extent they need to know in connection with the negotiation, administration or enforcement of the Loan Documents, to # its Affiliates, and any of the officers, directors, employees and agents of any of the foregoing; and # to legal counsel, accountants and other professional advisors to Borrowers or the Bank; # to regulatory officials having jurisdiction over the Bank; # as required by Law or legal process or in connection with any legal proceeding to which either of the Bank or Borrowers are adverse parties; # to another financial institution in connection with a disposition or proposed disposition to that financial institution of all or part of its interests hereunder or a participation interest in its proportionate share; or # if an Event of Default has occurred and is continuing, to the extent that the Bank determines such disclosure to be necessary or appropriate in the enforcement or for the protection of the rights and remedies under the Loan Documents. For purposes of the foregoing, "confidential information" shall mean all information respecting Borrowers or their Affiliates or their respective businesses delivered to the Bank, other than # information that was publicly known prior to the time of such disclosure (including information previously filed with any Tribunal and available to the public), # information that subsequently becomes publicly known through no violation of this Section by the Bank, its Affiliates or any of the officers, directors, employees and agents of any of the foregoing and # information that otherwise becomes known to the Bank other than through non-confidential disclosure by, or on behalf of, Borrowers or any Affiliate thereof. Nothing in this [Section 9.28] shall be construed to create or give rise to any fiduciary duty on the part of any of the Bank to Borrowers.information:
Section # Confidentiality. The Bank, including as Letter of Credit Issuer,Each Lender agrees to hold any confidential information that it may receive from Borrowers pursuant to this Agreement in confidence,maintain the confidentiality of the Information (as defined below), except for disclosure # to the extent they needits Affiliates and to knowother and their respective Affiliates, # to its and its Affiliates’ legal counsel, accountants, any agents or advisors of such Lender or such Lender’s Affiliates, in each case, in connection with the negotiation, administration of this Agreement or enforcementthe Loan, and other professional advisors (including, but not limited to, insurers and other risk protection advisors), to such Lender or to a Transferee who know or are informed of the Loan Documents,confidential nature of such Information, # to regulatory officials, # its Affiliates, andto any of the officers, directors, employees and agents ofPerson as required by law, regulation, or legal process, # to any of the foregoing; andPerson in connection with any legal proceeding to which such Lender is a party, # to such Lender’s direct or indirect contractual counterparties in swap agreements or to legal counsel, accountants and other professional advisors to Borrowers or the Bank;such counterparties, # permitted by [Section 13.4], # to regulatory officials having jurisdiction over the Bank; # asrating agencies if requested or required by Lawsuch agency in connection with a rating relating to the Loan hereunder and # on a confidential basis to the CUSIP Service Bureau or legal processany similar agency in connection with the issuance and monitoring of CUSIP numbers with respect to the Agreement. For the purposes of this [Section 10.11], “Information” means all information received from the Borrower relating to the Borrower or its business, other than any such information that is available to the Agent or any Lender on a non-confidential basis prior to disclosure by the Borrower and other than information pertaining to this Agreement routinely provided by arrangers to data service providers, including league table providers, that serve the lending industry. Nothing in any Loan Document shall prevent disclosure of any confidential information or other matter to the extent that preventing that disclosure would otherwise cause any transaction contemplated by the Loan Documents, or any transaction carried out in connection with any legal proceedingtransaction contemplated thereby, to which eitherbecome an arrangement described in Part II A 1 of the Bank or Borrowers are adverse parties; # to another financial institution in connection with a disposition or proposed disposition to that financial institution of all or part of its interests hereunder or a participation interest in its proportionate share; or # if an Event of Default has occurred and is continuing, to the extent that the Bank determines such disclosure to be necessary or appropriate in the enforcement or for the protection of the rights and remedies under the Loan Documents. For purposes of the foregoing, "confidential information" shall mean all information respecting Borrowers or their Affiliates or their respective businesses delivered to the Bank, other than # information that was publicly known prior to the time of such disclosure (including information previously filed with any Tribunal and available to the public), # information that subsequently becomes publicly known through no violation of this Section by the Bank, its Affiliates or any of the officers, directors, employees and agents of any of the foregoing and # information that otherwise becomes known to the Bank other than through non-confidential disclosure by, or on behalf of, Borrowers or any Affiliate thereof. Nothing in this Section 9.28 shall be construed to create or give rise to any fiduciary duty on the part of any of the Bank to Borrowers.Directive 2011/16/EU.
Section # Confidentiality. The Bank, including as Letter of Credit Issuer,Each Lender agrees to hold any confidential information that it may receive from Borrowers pursuant to this Agreement in confidence,maintain the confidentiality of the Information (as defined below), except for disclosure # to the extent they needits Affiliates and to knowother [[Organization B:Organization]] and their respective Affiliates, # to legal counsel, accountants, any agents or advisors of such Lender or such Lenders Affiliates, in each case, in connection with the negotiation, administration of this Agreement or enforcementthe Loans, and other professional advisors to such Lender or to a Transferee who know or are informed of the Loan Documents,confidential nature of such Information, # to regulatory officials, # its Affiliates, andto any of the officers, directors, employees and agents ofPerson as required by law, regulation, or legal process, # to any of the foregoing; andPerson in connection with any legal proceeding to which such Lender is a party, # to such Lenders direct or indirect contractual counterparties in swap agreements or to legal counsel, accountants and other professional advisors to Borrowers or the Bank;such counterparties, # permitted by Section 13.4, # to regulatory officials having jurisdiction over the Bank; # asrating agencies if requested or required by Law or legal process or in connection with any legal proceeding to which either of the Bank or Borrowers are adverse parties; # to another financial institutionsuch agency in connection with a disposition or proposed disposition to that financial institution of all or part of its interests hereunder or a participation interest in its proportionate share; or # if an Event of Default has occurred and is continuing,rating relating to the extent thatAdvances hereunder and # on a confidential basis to the Bank determines such disclosureCUSIP Service Bureau or any similar agency in connection with the issuance and monitoring of CUSIP numbers with respect to be necessary or appropriate in the enforcement or forAgreement. For the protection of the rights and remedies under the Loan Documents. For purposes of the foregoing, "confidential information" shall meanthis Section, Information means all information respectingreceived from any Borrower relating to the Borrowers or their Affiliates or their respective businesses delivered to the Bank,business, other than #any such information that was publicly known prior to the time of such disclosure (including information previously filed with any Tribunal andis available to the public), # information that subsequently becomes publicly known through no violation of this Section by the Bank, its AffiliatesAgent or any of the officers, directors, employeesLender on a non-confidential basis prior to disclosure by any Borrower and agents of any of the foregoing and # information that otherwise becomes known to the Bank other than through non-confidential disclosure by, or on behalf of, Borrowers or any Affiliate thereof. Nothing ininformation pertaining to this Section 9.28 shall be construedAgreement routinely provided by arrangers to create or give rise to any fiduciary duty ondata service providers, including league table providers, that serve the part of any of the Bank to Borrowers.lending industry.
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