Clause 22. 1 does not apply to disclosure or use of any such information as is referred to in clause 22.1: 22.2.1 which is required to be disclosed by law, by a rule of a listing authority or stock exchange (or equivalent thereof) to which any party or its affiliate is subject or submits or by a Government Authority or other authority with relevant powers to which any party or its affiliate is subject or submits, whether or not the requirement has the force of law; 22.2.2 to an adviser for the purposes of advising in connection with the transactions contemplated by this Agreement provided that such disclosure is essential for these purposes and is on the basis that clause 22.1 applies to the disclosure by the adviser; 22.2.3 to a director, officer or employee of the Buyer or of the Seller or of the Seller’s affiliate whose function requires him to have the relevant confidential information; 22.2.4 to the extent that the information has been made public by, or with the consent of, the other party; or 22.2.5 to any of the Seller’s shareholders or to any partner, shareholder, investor, affiliate, investment committee or investment adviser of any of the Seller’s shareholders provided that such disclosure is on the basis that clause 22.1 applies to disclosure to such parties.
Appears in 2 contracts
Sources: Master Sale and Purchase Agreement (Merix Corp), Supplemental Agreement (Merix Corp)