Example ContractsClausesconfidentiality; sharing informationVariants
Remove:

Confidentiality. The Administrative Agent and [[Organization B:Organization]] agreesagree to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed # to its Affiliates and its and its Affiliates’ respective directors, officers, members, controlling persons, advisors, funding or financing sources, investors, partners, employees and agents, including accountants, legal counsel and other advisors (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential), # to the extent requested by any regulatory authority (including any self-regulatory authority, such as the National Association of Insurance Commissioners), # to the extent required by applicable Legal Requirements or by any subpoena or similar legal process or in connection with any required public filings, # to any other party hereto, provided that any disclosure to any Primoris Lender shall be subject to Section 10.23, # in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Agreement or any other Loan Document or the protection or enforcement of rights hereunder or thereunder, # subject to an agreement containing provisions substantially the same as those of this Section, to # any assignee of, pledgee under Section 10.06(f) or Participant in, or any prospective assignee of, pledgee under Section 10.06(f) or Participant in, any of its rights or obligations under this Agreement or # any actual or prospective counterparty (or its advisors) to any swap or derivative transaction relating to the Borrower and its obligations, # with the consent of the Borrower, # to industry trade organizations information with respect to the Loan Documents to the extent customary for inclusion in league table measurements or # to the extent such Information # becomes publicly available other than as a result of a breach of this Section or # becomes available to the Administrative Agent or any Lender on a non-confidential basis from a source other than the Borrower. For purposes of this Section, “Information” means all information received from any Loan Party relating to any Loan Party or any of their respective businesses, other than any such information that is available to the Administrative Agent or any Lender on a non-confidential basis prior to disclosure by any Loan Party, provided that, in the case of information received from a Loan Party after the Closing Date, such information is clearly identified at the time of delivery as confidential. Any Person required to maintain the confidentiality of Information as provided in this Section shall be considered to have complied with its obligation to do so if such Person has exercised the same degree of care to maintain the confidentiality of such Information as such Person would accord to its own confidential information.

Section # Confidentiality. TheEach of the Administrative Agent and [[Organization B:A:Organization]] agreesagreeagrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed # to its Affiliates and its and its Affiliates’ respectiveAffiliates’ directors, officers, members, controlling persons, advisors, funding or financing sources, investors, partners, employees and agents, including accountants, legal counsel and other advisors (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential), # to the extent requested by any regulatory authority (includingor any self-regulatory authority, such as the National Association of Insurance Commissioners),credit insurance provider, # to the extent required by applicable Legal RequirementsApplicable Laws or regulations or by any subpoena or similar legal process or in connection with any required public filings,process, # to any other party hereto, provided that any disclosure to any Primoris Lender shall be subject to Section 10.23,this Agreement, # in connection with the exercise of any remedies hereunder or under any other Loan Document or anysuit, action or proceeding relating to this Agreement or any other Loan Document or the protection or enforcement of rights hereunder or thereunder,hereunder, # subject to an agreement containing provisions substantially the same as those of this Section, to # any assignee of, pledgee under Section 10.06(f)of or Participant in, or any prospective assignee of, pledgee under Section 10.06(f)of or Participant in, any of its rights or obligations under this Agreement or # any actual or prospective counterparty (or its advisors) to any swap or derivative transaction relating to the Borrower and its obligations,obligations hereunder, # with the consent of the Borrower, # to industry trade organizations information with respect to the Loan Documents to the extent customary for inclusion in league table measurements or # to the extent such Information # becomes publicly available other than as a result of a breach of this Section or # becomes available to the Administrative Agent or any Lender on a non-confidentialnonconfidential basis from a source other than the Borrower.. For the purposes of this Section, “Information”Information means all information received from any Loan Partythe relating to any Loan Partythe or any of their respective businesses,its business, other than any such information that is available to the Administrative Agent or any Lender on a non-confidentialnonconfidential basis prior to disclosure by any Loan Party,the 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; provided that, in the case of information received from a Loan Partythe after the Closing Date, such information is clearly identified at the time of delivery as confidential. Any Person required to maintain the confidentiality of Information as provided in this Section shall be considered to have complied with its obligation to do so if such Person has exercised the same degree of care to maintain the confidentiality of such Information as such Person would accord to its own confidential information.

Confidentiality. TheEach of the Administrative Agent and the [[Organization B:A:Organization]] agreesagreeagree to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed # to its Affiliates and to its and its Affiliates’ respective directors, officers, members, controlling persons, advisors, funding or financing sources, investors, partners, employees and agents, including accountants, legal counsel and other advisorsRelated Parties (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential),; # to the extent required or requested by any regulatory authority purporting to have jurisdiction over such Person or its Related Parties (including any self-regulatory authority, such as the National Association of Insurance Commissioners),; # to the extent required by applicable Legal Requirementslaws or regulations or by any subpoena or similar legal process or in connection with any required public filings,process; # to any other party hereto, provided that any disclosure to any Primoris Lender shall be subject to Section 10.23,hereto; # in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Agreement or any other Loan Document or the protection or enforcement of rights hereunder or thereunder,thereunder; # subject to an agreement containing provisions substantially the same as those of this Section, to # any assignee of, pledgee under Section 10.06(f)of or Participant in, or any prospective assignee of, pledgee under Section 10.06(f)of or Participant in, any of its rights orand obligations under this AgreementAgreement, or # any actual or prospective counterpartyparty (or its advisors)Related Parties) to any swapswap, derivative or derivativeother transaction under which payments are to be made by reference to the Borrower and its obligations, this Agreement or payments hereunder; # on a confidential basis to # any rating agency in connection with rating the Borrower or its Subsidiaries or the Term Loan Facility, # the CUSIP Service Bureau or any similar agency in connection with the issuance and monitoring of CUSIP numbers with respect to the Term Loan Facility or # to any credit insurance provider relating to the Borrower and its obligations,Obligations; # with the consent of the Borrower, # to industry trade organizations information with respect to the Loan Documents to the extent customary for inclusion in league table measurementsBorrower; or # to the extent such Information # becomes publicly available other than as a result of a breach of this SectionSection, or # becomes available to the Administrative AgentAgent, any Lender or any Lenderof their respective Affiliates on a non-confidentialnonconfidential basis from a source other than the Borrower. For purposes of this Section, “Information” means all information received from any Loan Party relating to any Loan Party or any of their respective businesses, other than any such information that is available to the Administrative Agent or any Lender on a non-confidential basis prior to disclosure by any Loan Party, provided that, in the case of information received from a Loan Party after the Closing Date, such information is clearly identified at the time of delivery as confidential. Any Person required to maintain the confidentiality of Information as provided in this Section shall be considered to have complied with its obligation to do so if such Person has exercised the same degree of care to maintain the confidentiality of such Information as such Person would accord to its own confidential information.

SECTION # Confidentiality. The Each of [[Administrative AgentAgent:Organization]], the Issuing Banks and [[Organization B:Organization]] agreesagreeagrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed # to its Affiliates and its and its Affiliates’ respectiveAffiliates’ directors, officers, members, controlling persons, advisors, funding or financing sources, investors, partners, employees and agents, including accountants, legal counsel and other advisors (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential), # to the extent requested by any regulatory authority (including any self-regulatory authority, such as the National Association of Insurance Commissioners), # to the extent required by applicable Legal Requirementslaws or regulations or by any subpoena or similar legal process or in connection with any required public filings,process, # to any other party hereto, provided that any disclosure to any Primoris Lender shall be subject to Section 10.23,this Agreement, # in connection with the exercise of any remedies hereunderunder this Agreement or under any other Loan Document or any suit, action or proceeding relating to this Agreement or any other Loan Document or the protection or enforcement of rights hereunder or thereunder, # subject to an agreement containing provisions substantially the same as those of this Section, to # any assignee of, pledgee under Section 10.06(f)of or Participant in, or any prospective assignee of, pledgee under Section 10.06(f)of or Participant in, any of its rights or obligations under this Agreement or # any actual or prospective counterparty (or its advisors) to any swap or derivative transaction relating to theany Borrower and its obligations, # with the consent of the Borrower, # to industry trade organizations information with respect to the Loan Documents to the extent customary for inclusion in league table measurements or # to the extent such Information # becomes publicly available other than as a result of a breach of this Section or # becomes available to the [[Administrative AgentAgent:Organization]], any Issuing Bank or any Lender on a non-confidentialnonconfidential basis from a source other than (other than a Person if and to the Borrower.extent that [[Administrative Agent:Organization]], such Issuing Bank or such Lender has actual knowledge that such Person is acting in violation of an obligation to maintain such information as confidential). For the purposes of this Section, “Information”Information means all information received from any Loan Party relating to any Loan Party or any of their respective businesses,its business, other than any such information that is available to the [[Administrative AgentAgent:Organization]], any Issuing Bank or any Lender on a non-confidentialnonconfidential basis prior to disclosure by any Loan Party, 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; provided that, in the case of information received from a Loan Party after the Closing Date,date hereof, such information is clearly identified at the time of delivery as confidential. Any Person required to maintain the confidentiality of Information as provided in this Section shall be considered to have complied with its obligation to do so if such Person has exercised the same degree of care to maintain the confidentiality of such Information as such Person would accord to its own confidential information.

SECTION # Confidentiality. TheEach of the Administrative AgentAgent, the Issuing Banks and [[Organization B:Lenders:Organization]] agreesagreeagrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed # to its Affiliates and its and its Affiliates’ respectiveAffiliates’ directors, officers, members, controlling persons, advisors, funding or financing sources, investors, partners, employees and agents, including accountants, legal counsel and other advisors (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential), # to the extent requested by any regulatory authority (including any self-regulatory authority, such as the National Association of Insurance Commissioners), # to the extent required by applicable Legal Requirementslaws or regulations or by any subpoena or similar legal process or in connection with any required public filings,process, # to any other party hereto, provided that any disclosure to any Primoris Lender shall be subject to Section 10.23,this Agreement, # in connection with the exercise of any remedies hereunderunder this Agreement or under any other Loan Document or any suit, action or proceeding relating to this Agreement or any other Loan Document or the protection or enforcement of rights hereunder or thereunder, # subject to an agreement containing provisions substantially the same as those of this Section, to # any assignee of, pledgee under Section 10.06(f)of or Participant in, or any prospective assignee of, pledgee under Section 10.06(f)of or Participant in, any of its rights or obligations under this Agreement or # any actual or prospective counterparty (or its advisors) to any swap or derivative transaction relating to theany Borrower and its obligations, # with the consent of the Borrower, # to industry trade organizations information with respect to the Loan Documents to the extent customary for inclusion in league table measurements or # to the extent such Information # becomes publicly available other than as a result of a breach of this Section or # becomes available to the Administrative AgentAgent, any Issuing Bank or any Lender on a non-confidentialnonconfidential basis from a source other than (other than a Person if and to the Borrower.extent that the Administrative Agent, such Issuing Bank or such Lender has actual knowledge that such Person is acting in violation of an obligation to maintain such information as confidential). For the purposes of this Section, “Information”Information means all information received from any Loan Party relating to any Loan Party or any of their respective businesses,its business, other than any such information that is available to the Administrative AgentAgent, any Issuing Bank or any Lender on a non-confidentialnonconfidential basis prior to disclosure by any Loan Party, 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; provided that, in the case of information received from a Loan Party after the Closing Date,date hereof, such information is clearly identified at the time of delivery as confidential. Any Person required to maintain the confidentiality of Information as provided in this Section shall be considered to have complied with its obligation to do so if such Person has exercised the same degree of care to maintain the confidentiality of such Information as such Person would accord to its own confidential information.

Confidentiality. TheSECTION #Confidentiality. Each of the Administrative Agent and [[Organization B:Organization]] agreesagreethe Lenders agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed # to its Affiliates and to its and its Affiliates’Affiliates’ respective partners, directors, officers, members, controlling persons, advisors, funding or financing sources, investors, partners, employees andemployees, agents, including accountants, legal counseladvisors and other advisorsrepresentatives (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential), # to the extent requested by any regulatory authority purporting to have jurisdiction over it (including any self-regulatory authority, such as the National Association of Insurance Commissioners), # to the extent required by applicable Legal Requirementslaws or regulations or by any subpoena or similar legal process or in connection with any required public filings,process, # to any other party hereto, provided that any disclosure to any Primoris Lender shall be subject to Section 10.23, # in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Agreement or any other Loan Document or the protection or enforcement of rights hereunder or thereunder, # subject to an agreement containing provisions substantially the same as those of this Section, to # any assignee of, pledgee under Section 10.06(f)of or Participant in, or any prospective assignee of, pledgee under Section 10.06(f)of or Participant in, any of its rights or obligations under this Agreement or # any actual or prospective counterparty (or its advisors) to any swap or derivative transaction relating to the Borrower and its obligations, # with the consent of the Borrower, # to industry trade organizations information with respect to the Loan Documents to the extent customary for inclusion in league table measurementsBorrower or # to the extent such Information # becomes publicly available other than as a result of a breach of this Section or # becomes available to the Administrative AgentAgent, any Lender or any Lenderof their respective Affiliates on a non-confidentialnonconfidential basis from a source other than the Borrower. For purposes of this Section, “Information” means all information received from any Loan Party relating to any Loan PartyParties or any of their respective businesses, other than any such information that is available to the Administrative Agent or any Lender on a non-confidential basis prior to disclosure by any Loan Party, provided that, in the case of information received from a Loan Party after the Closing Date, such information is clearly identified at the time of delivery as confidential. Any Person required to maintain the confidentiality of Information as provided in this Section shall be considered to have complied with its obligation to do so if such Person has exercised the same degree of care to maintain the confidentiality of such Information as such Person would accord to its own confidential information.Affiliates.

Section # Confidentiality. TheEach of the Administrative Agent and [[Organization B:Organization]] agreesagreethe Lenders for themselves, their Affiliates and Agent Related Persons, agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed # to its AffiliatesAffiliates, its auditors and its and its Affiliates’Affiliates’ respective partners, directors, officers, members, controlling persons, advisors, funding or financing sources, investors, partners, employeesemployees, agents, accountants, attorneys, advisors and agents, including accountants, legal counsel and other advisorsrepresentatives who need to know the Information in connection with the transactions contemplated by this Agreement (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential), and who will use such Information only in connection with the transactions contemplated by this Agreement; # to the extent requested by any regulatory authority purporting to have jurisdiction over it or its Related Parties (including any self-regulatory authority, such as the National Association of Insurance Commissioners),; # to the extent required by applicable Legal Requirementslaws or regulations or by any subpoena or similar legal processprocess, provided that, prior to making any such disclosure (other than to a banking regulator or auditor), such Person shall endeavor in connection withthe ordinary course of business to promptly notify the Borrower in writing so that the Borrower may seek an appropriate protective order (notwithstanding the foregoing, should such Person fail to notify Borrower, such person shall have no liability to Borrower or any required public filings,other Loan Party); # to any other party hereto, provided that any disclosure to any Primoris Lender shall be subject to Section 10.23,this Agreement; # in connection with the exercise of any remedies hereunder or under any other Loan Document or anysuit, action or proceeding relating to this Agreement or any other Loan Document or the protection or enforcement of rights hereunder or thereunder,hereunder; # subject to an agreement containing provisions substantially the same as those of this Section, to # any assignee of, pledgee under Section 10.06(f)Eligible Assignee of or Participant in, or any prospective assignee of, pledgee under Section 10.06(f)Eligible Assignee of or Participant in, any of its rights or obligations under this Agreement or # any actualdirect or indirect contractual counterparty or prospective counterparty (or its advisors)such contractual counterparty’s or prospective counterparty’s professional advisor) to any swap orcredit derivative transaction relating to obligations of the Borrower and its obligations,Loan Parties; # with the consent of the Borrower, # to industry trade organizations information with respect to the Loan Documents to the extent customary for inclusion in league table measurements orBorrower; # to the extent such Information # becomes publicly available other than as a result of a breach of this Section or # becomes available to the Administrative Agent or any Lender on a non-confidentialnonconfidential basis from a source other than the Borrower.Borrower; or # to the National Association of Insurance Commissioners or any other similar organization having jurisdiction over such Lender. In addition, the Administrative Agent and the Lenders may disclose the existence of this Agreement and information about this Agreement to market data collectors, similar service providers to the lending industry, and service providers to the Administrative Agent and the Lenders in connection with the administration and management of this Agreement, the other Loan Documents, the Commitments, and the Credit Extensions. For the purposes of this Section, “Information”Information means all information received from the Borrower or any Loan Partyof Parent’s Consolidated Entities relating to the Borrower or any LoanCombined Party or Investment Entity or any of their respective businesses, other than any such information that is available to the Administrative Agent or any Lender on a non-confidentialnonconfidential basis as described above prior to disclosure by the Borrower or any Loan Party,Combined Party or Investment Entity; provided that, in the case of information received from a Loanthe Borrower or any Combined Party after the Closing Date, suchdate hereof, except as expressly noted thereon, all financial information is clearly identified ator other information relating to any proposed transactions of the timeBorrower, any Combined Party, any Investment Entity or any of delivery asthe Parent’s Affiliates shall be considered confidential. Any Person required to maintain the confidentiality of Information as provided in this Section shall be considered to have complied with its obligation to do so if such Person has exercised the same degree of care to maintain the confidentiality of such Information as such Person would accord to its own confidential information.

SECTION # Confidentiality. TheEach of the Administrative Agent and [[Organization B:Organization]] agreesagreethe Lenders agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed # to its Affiliates and its and its Affiliates’ respectiveAffiliates’ directors, officers, members, controlling persons, advisors, funding or financing sources, investors, partners, employees and agents, including accountants, legal counselcounsel, insurers, reinsurers, insurance brokers and other advisors on a need-to-know basis (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential), # to the extent requested by any regulatory authority (including any self-regulatory authority, such as the National Association of Insurance Commissioners), # to the extent required by applicable Legal Requirementslaws or regulations or by any subpoena or similar legal process or in connection with any required public filings,process, # to any other party hereto, provided that any disclosure to any Primoris Lender shall be subject to Section 10.23,this Agreement, # in connection with the exercise of any remedies hereunder or under any other Loan Document or anysuit, action or proceeding relating to this Agreement or any other Loan Document or the protection or enforcement of rights hereunder or thereunder,hereunder, # subject to an agreement containing provisions substantially the same as those of this Section, to # any assignee of, pledgee under Section 10.06(f)of or Participant in, or any prospective assignee of, pledgee under Section 10.06(f)of or Participant in, any of its rights or obligations under this Agreement or # any actual or prospective counterparty (or its advisors) to any securitization, swap or derivative transaction relating to the Borrower, any Subsidiary, and the obligations hereunder, # on a confidential basis to any rating agency in connection with rating the Borrower and its obligations,or the credit facilities provided for herein, # with the consent of the Borrower, # to industry trade organizations information with respect to the Loan Documents to the extent customary for inclusion in league table measurements or # to the extent such Information # becomes publicly available other than as a result of a breach of this Section or # becomes available to the Administrative Agent or any Lender on a non-confidentialnonconfidential basis from a source other than the Borrower. If any Lender or the Administrative Agent is required by any Governmental Authority or any other Person to disclose Information or otherwise intends to disclose any Information pursuant to clause (c) of this Section, unless prohibited by law such Lender or the Administrative Agent, as the case may be, shall promptly notify the Borrower in writing so as to provide the Borrower with the opportunity to seek a protective order or take such other actions that are deemed appropriate by the Borrower to protect the confidentiality of the Information. For the purposes of this Section, “Information”Information means all information received from any Loan Partythe Borrower relating to any Loan Partythe Borrower or any of their respective businesses,its business, other than any such information that is available to the Administrative Agent or any Lender on a non-confidentialnonconfidential basis prior to disclosure by any Loan Party,the Borrower and other than information pertaining to this Agreement routinely provided that, inby arrangers to data service providers, including league table providers, that serve the case of information received from a Loan Party after the Closing Date, such information is clearly identified at the time of delivery as confidential.lending industry. Any Person required to maintain the confidentiality of Information as provided in this Section shall be considered to have complied with its obligation to do so if such Person has exercised the same degree of care to maintain the confidentiality of such Information as such Person would accord to its own confidential information. Each Lender confirms that it maintains internal policies and procedures, including “ethical wall” procedures, intended to protect against the unlawful use of confidential information and such procedures apply to the Information.

SECTION # Confidentiality. TheEach of the Administrative Agent andAgent, the [[Organization B:A:Organization]] agreesagreeand the Issuing Banks agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed # to its Affiliates and its and its Affiliates’ respective directors, officers, members, controlling persons, advisors, funding or financing sources, investors, partners, employees and agents,Related Parties, including auditors, accountants, legal counsel and other agents and advisors (itwhich in each case shall be subject to confidentiality obligations, it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential),confidential, # to the extent required or requested by any regulatory authority purporting to have jurisdiction over it (including any self-regulatory authority, such as the National Association of Insurance Commissioners),; provided that, to the extent practicable and not prohibited by applicable law or court order, the Administrative Agent, applicable Lender or Issuing Bank, as the case may be, shall notify the Borrower of any request by any regulatory authority (other than any such request in connection with an examination of the Administrative Agent, applicable Lender or Issuing Bank) for disclosure of any such non-public Information prior to disclosure of such Information, # to the extent required by applicable Legal Requirementslaw or by any subpoena or similar legal process or in connection with any required public filings,process, # to any other party hereto, provided that any disclosure to any Primoris Lender shall be subject to Section 10.23,this Agreement, # in connection with # the exercise of any remedies hereunderremedy or underthe enforcement of any other Loan Document or any action or proceeding relating toright under this Agreement or any other Loan Document or in any litigation or arbitration action or proceeding relating thereto (to the protectionextent practicable and not prohibited by applicable law or enforcementcourt order, the Borrower shall be given notice thereof and a reasonable opportunity to seek a protective court order with respect to such Information prior to such disclosure (it being understood that the refusal by a court to grant such a protective order shall not prevent the disclosure of rights hereunder or thereunder,such Information thereafter)), # subject to an agreement containing provisionsconfidentiality undertakings substantially the same assimilar to those of this Section, to # any assignee of, pledgee under Section 10.06(f)of or Participant in, or any prospective assignee of, pledgee under Section 10.06(f)of or Participant in, any of its rights or obligations under this Agreement or any Eligible Assignee invited to be a Lender pursuant to [Sections 2.21 or 9.02]2] or # any actual or prospective counterparty (or its advisors)Related Parties) to any swapswap, derivative or derivativeother transaction relatingunder which payments are to be made by reference to the Borrower or any Restricted Subsidiary and its obligations, this Agreement or payments hereunder; provided that no such disclosure pursuant to this clause (f) shall be made by the Administrative Agent, the [[Organization A:Organization]] or the Issuing Banks to any such Person that is a Disqualified Lender, # on a confidential basis to # any rating agency in connection with rating the Borrower or its Subsidiaries or the credit facilities provided hereunder or # the CUSIP Service Bureau or any similar agency in connection with the application, issuance, publishing and monitoring of CUSIP numbers or other market identifiers with respect to the credit facilities provided hereunder, # with the consent of the Borrower, # to industry trade organizations information with respect to the Loan Documents to the extent customary for inclusion in league table measurementsBorrower or # to the extent such Information # becomes publicly available other than as a result of a breach of this Section orSection, # becomes available to the Administrative AgentAgent, any Lender, any Issuing Bank or any LenderAffiliate of any of the foregoing on a non-confidentialnonconfidential basis from a source other than the Borrower. For purposesBorrower that, to the knowledge of this Section, “Information” means all information received from any Loan Party relating to any Loan Party or any of their respective businesses, other than any such information that is available to the Administrative Agent or the applicable Lender, Issuing Bank or Affiliate, is not subject to contractual or fiduciary confidentiality obligations or # is independently discovered or developed by a party hereto without utilizing any Lender on a non-confidential basis prior to disclosure by any Loan Party, provided that, in the case of informationInformation received from athe Borrower or violating the terms of this [Section 9.12]. In addition, the Administrative Agent and the [[Organization A:Organization]] may disclose the existence of this Agreement and information about this Agreement to market data collectors, similar service providers to the lending industry and service providers to the Agents and the [[Organization A:Organization]] in connection with the administration of this Agreement, the other Loan Party afterDocuments, and the Closing Date, such information is clearly identified at the time of delivery as confidential. Any Person required to maintain the confidentiality of Information as provided in this Section shall be considered to have complied with its obligation to do so if such Person has exercised the same degree of care to maintain the confidentiality of such Information as such Person would accord to its own confidential information.Commitments.

Confidentiality. The . Each of the [[Administrative Agent and [[Organization B:Agent:Organization]] agreesagreeand the Lenders for themselves, their Affiliates and Agent Related Persons, agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed # to its Affiliates andAffiliates, its auditors, its and its Affiliates’Affiliates’ respective directors, officers, members, controlling persons, advisors, funding or financing sources, investors, partners, employeesconsultants and agents, including accountants, legal counselservice providers and other advisorsits Related Parties who it believes need to know the Information in connection with the transactions contemplated by this Agreement (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential), and who will use such Information only in connection with the transactions contemplated by this Agreement; # to the extent requested by any regulatory authority purporting to have jurisdiction over it or its Related Parties (including any self-regulatory authority, such as the National Association of Insurance Commissioners),; # to the extent required by applicable Legal RequirementsApplicable Laws or regulations or by any subpoena or similar legal processprocess, provided that, prior to making any such disclosure (other than to a banking regulator or auditor), such Person shall endeavor in connection withthe ordinary course of business to promptly notify the in writing so that the may seek an appropriate protective order (notwithstanding the foregoing, should such Person fail to notify , such person shall have no liability to or any required public filings,other [[Loan Party:Organization]]); # to any other party hereto, provided that any disclosure to any Primoris Lender shall be subject to Section 10.23,this Agreement; # in connection with the exercise of any remedies hereunder or under any other Loan Document or anysuit, action or proceeding relating to this Agreement or any other Loan Document or the protection or enforcement of rights hereunder or thereunder,hereunder; # subject to an agreement containing provisions substantially the same as those of this Section,Section 10.07, to # any assignee of, pledgee under Section 10.06(f)Eligible Assignee of or Participant in, or any prospective assignee of, pledgee under Section 10.06(f)Eligible Assignee of or Participant in, any of its rights or obligations under this Agreement or # any actualdirect or indirect contractual counterparty or prospective counterparty (or its advisors)such contractual counterparty’s or prospective counterparty’s professional advisor) to any swap orcredit derivative transaction relating to obligations of the Borrower and its obligations,Loan Parties; # with the consent of the Borrower, # to industry trade organizations information with respect to the Loan Documents to the extent customary for inclusion in league table measurements or; # to the extent such Information # becomes publicly available other than as a result of a breach of this Section 10.07 or # becomes available to the [[Administrative AgentAgent:Organization]] or any Lender on a non-confidentialnonconfidential basis from a source other than the Borrower.; or # to the National Association of Insurance Commissioners or any other similar organization having jurisdiction over such . In addition, the [[Administrative Agent:Organization]] and the Lenders may disclose the existence of this Agreement and information about this Agreement to market data collectors, similar service providers to the lending industry, and service providers to the [[Administrative Agent:Organization]] and the Lenders in connection with the administration and management of this Agreement, the other Loan Documents and the Commitments. For the purposes of this Section, “Information”Section 10.07, “Information means all information received from the or any Loan Partyof ’s Consolidated Entities relating to the or any LoanCombined Party or Investment Entity or any of their respective businesses, other than any such information that is available to the [[Administrative AgentAgent:Organization]] or any Lender on a non-confidentialnonconfidential basis as described above prior to disclosure by the or any Loan Party,Combined Party or Investment Entity; provided that, in the case of information received from a Loanthe or any Combined Party after the Closing Date, suchdate hereof, except as expressly noted thereon, all financial information is clearly identified ator other information relating to any proposed transactions of the time, any Combined Party, any Investment Entity or any of delivery asthe ’s Affiliates shall be considered confidential. Any Person required to maintain the confidentiality of Information as provided in this Section 10.07 shall be considered to have complied with its obligation to do so if such Person has exercised the same degree of care to maintain the confidentiality of such Information as such Person would accord to its own confidential information.

Load more...
Select clause to view document information.

Draft better contracts
faster with AllDrafts

AllDrafts is a cloud-based editor designed specifically for contracts. With automatic formatting, a massive clause library, smart redaction, and insanely easy templates, it’s a welcome change from Word.

And AllDrafts generates clean Word and PDF files from any draft.