Confidentiality Unless otherwise ap

Confidentiality

Unless otherwise approved by the Board, each Shareholder undertakes to each of the others and to the Company that it will not and will procure that its respective Affiliates, officers, employees, professional advisers and agents will not, during the period of this Agreement, and after its termination (for whatever reason):

use or divulge to any Person nor publish or disclose or permit to be published or disclosed, any financial statements, secret or confidential information relating to any Member of the Group or any of the other Shareholders which it has received or obtained, or may receive or obtain, (whether or not, in the case of documents, they are marked as confidential) except in the proper course of the provision of services on behalf of the relevant Member of the Group; and/or

other than as required by the Company, retain, duplicate or remove from the premises of any Member of the Group information relating to any Member of the Group or the other Shareholders in whatever form (whether written, or recorded in some other form, or oral) which is supplied by any Member of the Group or the other Shareholders to it or which comes to its notice during the period of this Agreement except for information and materials kept in accordance with document retention and other internal management policies,

PROVIDED THAT this Clause 15 shall not prohibit any Shareholder from disclosing any information relating to the Company and its investments or performance to such Shareholder's own investors or prospective investors, or investors or prospective investors in affiliated funds, regulators and lenders, provided that such Shareholder shall notify such investors or prospective investors, regulators or lenders that such information is confidential. The obligations of this Clause 15 shall not apply to any information:

which the recipient can reasonably demonstrate is in the public domain otherwise than by breach of this Agreement by the disclosing party or by any Person subject to an obligation of confidentiality;

which is already known to the recipient (as evidenced by its written records) at the date of disclosure and was not acquired directly or indirectly from the disclosing party;

which is required to be disclosed by law pursuant to a court order;

which is disclosed to or by any adviser to any of the Parties to the extent required for the proper execution of their work;

which is required to be disclosed to any relevant authority having control of any Shareholder for the purposes of seeking approval, consent or waiver and reporting with regards to its investment in the Company; or

which is consented to by the disclosing party.

For the purposes of this Clause 15, information includes the following:

information concerning the affairs of the Company or its subsidiaries (if any) or Affiliates (if any) or any other Shareholder or any business or transaction in which the Company or its subsidiaries (if any) or Affiliates (if any) or any other Shareholder may be or may have been concerned or interested;

information on the terms of this Agreement and the Articles; and

information relating to the business methods of the Company or any of its subsidiaries (if any) or Affiliates (if any).

Restrictions on Announcements

Each of the Parties undertakes that it will not (save as required by law or any applicable regulatory body) make any announcement in connection with this Agreement unless the other Parties shall have given their respective consents to such announcement (which consents may not be unreasonably withheld and may be given either generally or in a specific case or cases and may be subject to conditions). In any event, at any time, no announcement shall be made in connection with this Agreement or the Business of the Company which refers to or identifies a Shareholder by name, unless the Shareholder has given its prior consent in writing to be so referred or identified in such announcement.