Confidentiality Clauses
(Credit Agreement)


Summary

These Confidentiality Clauses for a credit agreement are used in a syndicated loan transaction. The clauses set out the requirements for the handling of the borrower's confidential information by the administrative agent or the lenders. These clauses include practical guidance and drafting notes. Lenders need access to confidential information in order to make their investment decision as to whether to participate in a loan and they need to able to share that information with their employees, outside counsel and financial advisors as part of their evaluation process. Borrowers are willing to provide confidential information in this context, but require assurance that it will not be shared with their competitors or inappropriately disclosed to the public, which can affect the price of a borrower’s publicly traded debt or equity. A well-drafted confidentiality provision will also protect lenders by clarifying the ways that lenders may permissibly use confidential information. The ...