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Thursday, October 12, 2017 1:30:40 AM
https://legalvision.com.au/mergers-acquisitions-confidentiality-agreements/
3. Permitted Disclosure
The parties to the confidentiality agreement are not permitted to disclose the information provided by the other party, except:
to ‘permitted persons’ that have been specifically set out in the confidentiality agreement; or where the confidentiality agreement expressly excludes the information (discussed below).
Permitted persons are the party’s directors, officers, employees and professional advisors(PEOPLE ON IHUB EMAILING THEM IS NOT A PERMITTED PARTY IN WHICH THEY SHOULD TELL ANY DETAILS OF THE MERGER. THAT EMAIL IS FAKE AND THE MOST DESPARATE ATTEMPT TO STILL TRY TO GET SHARES AT .0012)
. These parties usually need to know the confidential information to facilitate the transaction process. In circumstances where there are syndicates, co-investors or potential providers of finance (such as banks) to the transaction, the parties may also negotiate them as ‘permitted persons’.
Where the parties will exchange highly sensitive information, the disclosing party may require that each of the individual ‘permitted persons’ also execute a separate confidentiality agreement (in their personal capacity) with the disclosing party. This separate agreement further confirms that they will keep the confidential information private.
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