The Materials (as defined below) have been prepared by TrueNoord and are confidential and proprietary and may contain material non-public information. The Materials are being furnished to a limited number of sophisticated investors and/or certain of their Representatives (as defined below) for the sole purpose of providing information about, and documents with respect to, TrueNoord in a convenient format in connection with your role as a holder of TrueNoord’s senior unsecured notes (the “Notes”) or the evaluation of a possible investment in the Notes and may not be used for any other purpose.
The “Materials” means (a) the materials provided in this workspace (whether such materials are contained in this workspace as of the date hereof or at any date hereafter), (b) all materials that use, contain reflect or are derived from or incorporate the materials referred to in clause (a), and (c) all other materials that relate to non-public information regarding TrueNoord and/or its subsidiaries or affiliates and are provided in connection with your investment or potential investment in the Notes, in each case whether provided in this workspace or otherwise (for example, by e-mail or hard copy).
The term “Representative” means your directors, officers, employees, managers and advisors (including, without limitation,
bankers, consultants, financial advisors, attorneys and accountants).
By clicking “agree” and accessing this workspace you acknowledge and agree:
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that you are either:
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an existing holder of the Notes;
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an institution acting as trustee for the Notes;
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a bona fide prospective purchaser of the Notes; or
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a market maker affiliated with any initial purchaser of the Notes.
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that by gaining access to the Materials, you will be in possession of confidential information, the improper use or disclosure of which could have a material adverse effect on TrueNoord and/or its affiliates;
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to keep all Materials strictly confidential and to use all reasonable means to protect the Materials against disclosure to, or use by, any unauthorized person (which protections will entail the same degree of reasonable care as you would use to preserve the confidentiality of your own confidential information, unless such disclosure is required by applicable law, governmental rule or regulation, court order, administrative or arbitral proceeding or by any regulatory or judicial authority having jurisdiction over you); and
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to review and use the Materials solely for the purpose of obtaining information about the potential investment and not to reproduce the Materials or to distribute them to others, at any time, in whole or in part, without the prior written consent of TrueNoord.