IDA » Topics » 9.11 Confidentiality

These excerpts taken from the IDA 10-K filed Feb 26, 2009.

9.11.        Confidentiality

42


 


 


 

 

 

 

.  Each Lender agrees to hold any confidential information which it may receive from the Borrower pursuant to this Agreement in confidence, except for disclosure (i) to its Affiliates, directors, officers, employees and agents and to other Lenders and their respective Affiliates, directors, officers, employees and agents (ii) to legal counsel, accountants, and other professional advisors to such Lender or to a Transferee, (iii) to regulatory officials having jurisdiction over such Lender or any of its Affiliates, (iv) as required by law, regulation, or legal process, (v) as required in connection with any legal proceeding to which such Lender is a party, (vi) to such Lender’s actual or prospective direct or indirect contractual counterparties in Rate Management Transactions or to legal counsel, accountants and other professional advisors to such counterparties, (vii) permitted by Section 12.4, (viii) in connection with the exercise of rights or remedies hereunder or any action or proceeding relating to this agreement and (ix) to the extent, and in the manner, consented to by the Borrower.  In the case of any disclosure pursuant to clause (i), (ii), (vi) or (vii) 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. 

9.11.       
Confidentiality










42









 










 



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.  Each Lender
agrees to hold any confidential information which it may receive from the
Borrower pursuant to this Agreement in confidence, except for disclosure (i) to
its Affiliates, directors, officers, employees and agents and to other Lenders
and their respective Affiliates, directors, officers, employees and agents (ii)
to legal counsel, accountants, and other professional advisors to such Lender
or to a Transferee, (iii) to regulatory officials having jurisdiction over such
Lender or any of its Affiliates, (iv) as required by law, regulation, or legal process,
(v) as required in connection with any legal proceeding to which such Lender is
a party, (vi) to such Lender’s actual or prospective direct or indirect
contractual counterparties in Rate Management Transactions or to legal counsel,
accountants and other professional advisors to such counterparties, (vii)
permitted by Section 12.4, (viii) in connection with the exercise
of rights or remedies hereunder or any action or proceeding relating to this
agreement and (ix) to the extent, and in the manner, consented to by the
Borrower.  In the case of any disclosure pursuant to clause (i), (ii), (vi)
or (vii) 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. 



9.11.       
Confidentiality










42









 










 



clear=all style='page-break-before:always'>


 



 



 



 



.  Each Lender
agrees to hold any confidential information which it may receive from the
Borrower pursuant to this Agreement in confidence, except for disclosure (i) to
its Affiliates, directors, officers, employees and agents and to other Lenders
and their respective Affiliates, directors, officers, employees and agents (ii)
to legal counsel, accountants, and other professional advisors to such Lender
or to a Transferee, (iii) to regulatory officials having jurisdiction over such
Lender or any of its Affiliates, (iv) as required by law, regulation, or legal process,
(v) as required in connection with any legal proceeding to which such Lender is
a party, (vi) to such Lender’s actual or prospective direct or indirect
contractual counterparties in Rate Management Transactions or to legal counsel,
accountants and other professional advisors to such counterparties, (vii)
permitted by Section 12.4, (viii) in connection with the exercise
of rights or remedies hereunder or any action or proceeding relating to this
agreement and (ix) to the extent, and in the manner, consented to by the
Borrower.  In the case of any disclosure pursuant to clause (i), (ii), (vi)
or (vii) 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. 



These excerpts taken from the IDA 10-Q filed May 5, 2005.

9.11          Confidentiality

.  Each Lender agrees to hold any confidential information which it may receive from the Borrower pursuant to this Agreement in confidence, except for disclosure (i) to its Affiliates and to other Lenders and their respective Affiliates, (ii) to legal counsel, accountants, and other professional advisors to such Lender or to a Transferee, (iii) to regulatory officials having jurisdiction over such Lender or any of its Affiliates, (iv) as required by law, regulation, or legal process, (v) as required in connection with any legal proceeding to which such Lender is a party, (vi) 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, (vii) permitted by Section 12.4 and (viii) in connection with the exercise of rights or remedies hereunder or any action or proceeding relating to this agreement.  In the case of any disclosure pursuant to clause (i), (ii), (vi) or (vii) 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.

9.11          Confidentiality

.  Each Lender agrees to hold any confidential information which it may receive from the Borrower pursuant to this Agreement in confidence, except for disclosure (i) to its Affiliates and to other Lenders and their respective Affiliates, (ii) to legal counsel, accountants, and other professional advisors to such Lender or to a Transferee, (iii) to regulatory officials having jurisdiction over such Lender or any of its Affiliates, (iv) as required by law, regulation, or legal process, (v) as required in connection with any legal proceeding to which such Lender is a party, (vi) 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, (vii) permitted by Section 12.4 and (viii) in connection with the exercise of rights or remedies hereunder or any action or proceeding relating to this agreement.  In the case of any disclosure pursuant to clause (i), (ii), (vi) or (vii) 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.

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