Common use of Confidentiality; Use of Name Clause in Contracts

Confidentiality; Use of Name. (a) In connection with the negotiation and administration of this Guarantee Agreement, the Guarantor has furnished and will from time to time furnish to the Offshore Collateral Agent and the Secured Parties (each, a "Recipient") written information that is identified to the Recipient in writing when delivered as confidential (such information, other than any such information that (i) was publicly available, or otherwise known to the Recipient, at the time of disclosure, (ii) subsequently becomes publicly available other than through any act or omission by the Recipient, or (iii) otherwise subsequently becomes known to the Recipient other than through a Person whom the Recipient knows to be acting in violation of his or its obligations to the Guarantor, being hereinafter referred to as "Confidential Information"). The Recipient shall maintain the confidentiality of any Confidential Information in accordance with such procedures as the Recipient applies generally to information of that nature. It is understood, however, that the foregoing will not restrict the Recipient's ability to freely exchange such Confidential Information with current or prospective participants in or assignees of the Recipient's position herein, but the Recipient's ability to so exchange Confidential Information shall be conditioned upon any such prospective participant's or assignee's entering into an understanding as to confidentiality similar to this provision. It is further understood that the foregoing will not prohibit the disclosure of any or all Confidential Information if and to the extent that such disclosure may be required or requested (i) by a regulatory agency or otherwise, including in compliance with disclosure requirements set forth by any applicable securities' agency or commission, or an examination of the Recipient's records by appropriate authorities, (ii) pursuant to court order, subpoena or other legal process or in connection with any pending or threatened litigation, (iii) otherwise as required by law, or (iv) in order to protect its interests or its rights or remedies hereunder or under the other Financing Documents, in the event of any required disclosure under clause (ii) or (iii), above, the Recipient agrees to use reasonable efforts to inform the Guarantor that provided such Confidential Information as promptly as practicable. (b) The Guarantor shall not use the name of any Secured Party in any advertisement without the express written consent of such party.

Confidentiality; Use of Name. (a) In connection with the negotiation and administration of this Guarantee AgreementAgreement and the other Financing Documents, the Guarantor Borrower has furnished and will from time to time furnish to the Offshore Collateral Facility Administrative Agent and the Secured Parties Lenders (each, a "Recipient") written information that is identified to the Recipient in writing when delivered as confidential (such information, other than any such information that (i) was publicly available, or otherwise known to the Recipient, at the time of disclosure, (ii) subsequently becomes publicly available other than through any act or omission by the RecipientRecipient in breach of its obligations hereunder, or (iii) otherwise subsequently becomes known to the Recipient other than through a Person whom the Recipient knows to be acting in violation of his or its obligations to the GuarantorBorrower, being hereinafter referred to as "Confidential Information"). The Recipient shall maintain the confidentiality of any Confidential Information in accordance with such procedures as the Recipient applies generally to information of that nature. It is understood, however, that the foregoing will not restrict the Recipient's ability to freely exchange such Confidential Information with current or prospective participants in or assignees of the Recipient's position herein, but the Recipient's ability to so exchange Confidential Information shall be conditioned upon any such prospective participant's or assignee's entering into an understanding as to confidentiality similar to this provision. It is further understood that the foregoing will not prohibit the disclosure of any or all Confidential Information if and to the extent that such disclosure may be required or requested (i) by a regulatory agency or otherwise, including otherwise in compliance connection with disclosure requirements set forth by any applicable securities' agency or commission, or an examination of the Recipient's records by appropriate authorities, (ii) pursuant to court order, subpoena or other legal process or in connection with any pending or threatened litigation, (iii) otherwise as required by law, or (iv) in order to protect its interests or its rights or remedies hereunder or under the other Financing Documents, in the event of any required disclosure under clause (ii) or (iii), above, the Recipient agrees to use reasonable efforts to inform the Guarantor that provided such Confidential Information Borrower as promptly as practicable. Nothing in this Section 9.07 shall limit or restrict the right of the Facility Administrative Agent or any Lender to share Confidential Information with the Facility Administrative Agent, any Lender or any other Secured Party. (b) The Guarantor shall not use the name of any Secured Party in any advertisement without the express written consent of such party.