BY CLICKING ON THE “AGREE” BUTTON, YOU AND YOUR INSTITUTION AGREE (APPLICABLE EACH TIME YOU ENTER THIS WORKSPACE) AS FOLLOWS (certain terms are defined under “Confidentiality Undertaking” below):
(1)(a) Your institution will comply with the terms and conditions of confidentiality set forth under “Confidentiality Undertaking” below, or (b) if your institution is bound by a confidentiality undertaking with respect to the credit facilities (and related instruments) referenced in this website (the “Facilities”), it will comply with the terms of that undertaking, which shall supersede the Confidentiality Undertaking set forth below.
(2) If your institution is not party to the Facilities you agree to be bound by the terms thereof or exit the site and not review any Evaluation Material provided.
(3) You agree and acknowledge that if at any time you are not a Representative of a lender or prospective lender with respect to the Facilities, you shall not be permitted, and shall cease, to use this website.
(4) The Borrower may rely on the undertakings set forth herein.
You and your institution shall treat any non-public, confidential, or proprietary information concerning Standard Industries (including its subsidiaries and affiliates or any such companies referred to in this website (the “Borrower”) as confidential. All such information, whether transmitted electronically, orally or in writing or otherwise (including, without limitation, at creditor or other meetings) is referred to herein as the “Evaluation Material”).
Your institution shall use reasonable precautions in accordance with its established procedures to keep the Evaluation Material confidential; provided, however, that any of such information may be disclosed to its affiliates and its and their respective partners, directors, officers, employees, agents, advisors and other representatives (collectively, “Representatives”) who need to know and shall agree to comply with the terms hereof.
The foregoing confidentiality requirements do not apply to (i) any information to the extent it is or becomes generally available to the public other than through your institution’s or your Representative’s breach of this undertaking, (ii) any information that is available from a source other than the Borrower, provided that such source is not known by you to be subject to any obligations of confidentiality to the Borrower or its agents, (iii) any disclosure to the extent required by law or regulation or administrative or other legal process or to the extent requested by regulatory or governmental authorities, (iv) any disclosure that is consented to by the Borrower or (v) any information that is independently developed by your institution without use of or reliance on the Evaluation Material.