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This excerpt taken from the CVS 8-K filed Mar 23, 2007. Treatment
of
Certain Information
Each Lender, the
Issuer and the Administrative
Agent agrees to maintain as confidential and not to disclose, publish or
disseminate to any third parties any financial or other information relating
to
the business, operations and condition, financial or otherwise, of the Borrower
provided to it, except if and to the extent that:
(a) such information
is in the public domain
at the time of disclosure;
(b) such information
is required to be
disclosed by subpoena or similar process or applicable law or
regulations;
(c) such information
is required or requested
to be disclosed to any regulatory or administrative body or commission to whose
jurisdiction it may be subject;
(d) such information
is disclosed to its
counsel, auditors or other professional advisors;
(e) such information
is disclosed to (and,
unless and until it receives written objection from the Borrower, the Borrower
shall be deemed to have consented to disclosure of such information to) its
affiliates (and its affiliates’ officers, directors and employees),
provided that
such information shall be used in
connection with this Agreement and the transactions contemplated
hereby;
67 (f) such information
is disclosed to its
officers, directors and employees;
(g) such information
is disclosed with the
prior written consent of the party furnishing the information;
(h) such information
is disclosed in
connection with any litigation or dispute involving the Borrower and/or
it;
(i) such information
is disclosed in
connection with the sale of a participation or other disposition by it of any
of
its interest in this Agreement, provided
that such
information shall not be disclosed unless and until the party to whom it shall
be disclosed shall have agreed to keep such information confidential as set
forth herein;
(j) such information
was in its possession or
in its affiliate’s possession as shown by clear and convincing evidence prior to
any of the Borrower and/or any or the Borrower’s representatives or agents
furnishing such information to it; or
(k) such information
is received by it,
without restriction as to its disclosure or use, from a Person who, to its
knowledge or reasonable belief, was not prohibited from disclosing such
information by any duty of confidentiality.
Except to the extent
prohibited or restricted
by law or Governmental Authority, each Lender shall notify the Borrower promptly
of any disclosures of information made by it as permitted pursuant to (h)
above.
11.15 |
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