Each Agent and each Lender will use its commercially reasonable efforts not to disclose without the prior consent of the Borrower any Non-public information regarding the Borrower and its Subsidiaries and their businesses identified as such by the Borrower and obtained by such Agent or such Lender pursuant to the requirements hereof in accordance with such Agent’s or Lender’s (as applicable) customary procedures for handling confidential information of such nature, it being understood and agreed by each Credit Party that, in any event, a Lender may make (i)  disclosures of such information (including any Non-public customer information regarding the creditworthiness of the Borrower and its Subsidiaries) to Affiliates of such Lender and to such Lender’s and such Lender’s Affiliates’ directors, officers, employees, agents and advisors (and to other persons authorized by a Lender or Agent to organize, present or disseminate such information in connection with disclosures otherwise made in accordance with this Section  10.17), (ii)  disclosures of such information reasonably required by any bona fide or potential assignee, transferee or participant in connection with the contemplated assignment, transfer or participation by such Lender of any Loans or any participations therein or by any direct or indirect contractual counterparties (or the professional advisors thereto) in Secured Hedging Agreements ( provided , such counterparties and advisors are advised of and agree to be bound by the provisions of this Section  10.17), (iii) disclosures to any rating agency when required by it, (iv)  disclosures required or requested by any Governmental Authority or representative thereof or by the NAIC or pursuant to legal or judicial process or proceeding; provided , unless specifically prohibited by applicable law or court order, each Lender shall make reasonable efforts to notify the Borrower of any request by any Governmental Authority or representative thereof (other than any such request in connection with any examination of the financial condition or other routine examination of such Lender by such Governmental Authority) for disclosure of any such Non-public information prior to disclosure of such information, (v)  disclosures of any such information that becomes publicly available other than by virtue of a breach of this Section  10.17 by the respective Lender or any of its Affiliates, (vi)  disclosures of any such information to the extent such information is received by such Lender from a third party that is not to its knowledge subject to confidentiality obligations to the Borrower or any of its Subsidiaries, (vii)  disclosures of any such information to the extent that such information is independently developed by such Lender or any Affiliate of such Lender, (viii)  disclosures with the prior consent of the Borrower and (ix)  disclosures in connection with the exercise of any remedies hereunder or under any other Credit Document or any action or proceeding relating to this Agreement or any other Credit Document or to enforce any of its rights or remedies under this Agreement or under any other Credit Document.