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Confidentiality Obligation
Confidentiality Obligation contract clause examples

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.

9.10Confidentiality. Each Lender agrees to hold any confidential information which it may receive from the Borrower pursuant to this Agreement in confidence, except for disclosure # to its Affiliates and to other [[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 any legal proceeding to which such Lender is a party, # to such Lender’s direct or indirect contractual counterparties in Rate Management Transactions or to legal counsel, accountants and other professional advisors to such 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 facilities created hereunder or # the CUSIP Service Bureau or any similar agency in connection with the issuance monitoring of CUSIP numbers with respect to the facilities 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 the terms of the applicable law, regulation, subpoena or other legal process or proceeding) so that the Borrower may endeavor to obtain a protective order or other assurance of confidential treatment.

14.12Confidentiality. Each of Agent, Lenders and Issuing Bank shall maintain the confidentiality of all Information (as defined below), except that Information may be disclosed # to its Affiliates, and to its and their partners, directors, officers, employees, agents, advisors and representatives (provided such Persons are informed of the confidential nature of the Information and instructed to keep it confidential); # to the extent requested by any Governmental Authority or self-regulatory authority purporting to have jurisdiction over it or its Affiliates; # to the extent required by Applicable Law or by any subpoena or other legal process; # to any other party hereto; # in connection with any action or proceeding relating to any 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 Borrower Agent; or # to the extent such Information # becomes publicly available other than as a result of a breach of this Section or # 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 foregoing, Agent and Lenders 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 Information 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 use of material non-public information; and # it will handle such material non-public information in accordance with Applicable Law.

Section # Confidentiality. Each Lender agrees to maintain the confidentiality of the Information (as defined below), except for disclosure # to its Affiliates and to other 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 administration of this Agreement or the 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 confidential nature of such Information, # to regulatory officials, # to any Person as required by law, regulation, or legal process, # to any Person 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 Agent or any Lender on a non-confidential basis prior to disclosure 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 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 transaction contemplated thereby, to become an arrangement described in Part II A 1 of [Annex IV] of Directive 2011/16/EU.

Confidentiality. Each Lender agrees to hold any confidential information which it may receive from or any of its Subsidiaries pursuant to this Agreement in confidence, except for disclosure # to its Affiliates and to other Lenders and their respective Affiliates, # to legal counsel, accountants and other professional advisors to such Lender or to a Transferee, # to regulatory officials, # to any Person as requested pursuant to or as required by law, regulation or legal process, # to any Person as may be required by law in connection with any legal proceeding to which such Lender is a party, # to such Lender’s 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 rating relating to the Advances hereunder, # to the extent such information # becomes publicly available other than as a result of a breach of this Section 10.9 or # becomes available to the Administrative 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 consent of .

Section # . Confidentiality. Each 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 or any other Loan Document, and neither it nor any of its Affiliates shall use any such information for any purpose or in any manner other than pursuant to the terms contemplated by this Agreement; except to the extent such information:

Section # Confidentiality. Each Lender agrees to maintain the confidentiality of the Information (as defined below), except for disclosure # to its Affiliates and to other [[Organization A:Organization]] 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 administration of this Agreement or the 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 confidential nature of such Information, # to regulatory officials, # to any Person as required by law, regulation, or legal process, # to any Person 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 Loan 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 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 transaction contemplated thereby, to become an arrangement described in Part II A 1 of [Annex IV] of Directive 2011/16/EU.

Section # Confidentiality. Each Lender agrees to maintain the confidentiality of the Information (as defined below), except for disclosure # to its Affiliates and to other [[Organization B:Organization]] 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 administration of this Agreement or the Loans, and other professional advisors to such Lender or to a Transferee who know or are informed of the confidential nature of such Information, # to regulatory officials, # to any Person as required by law, regulation, or legal process, # to any Person 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, “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 Agent or any Lender on a non-confidential basis prior to disclosure 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 lending industry.

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