(a) Each Lender Party shall use its best efforts to (i) keep confidential (and shall cause its directors, officers, employees, representatives, agents, professional advisors or auditors (collectively, “Representatives”) to keep confidential) all information that such Lender Party receives from or on behalf of the Loan Parties other than information that is identified by any of the Loan Parties as being non-confidential information (all such information that is not so identified being “ Confidential Information ”); provided that nothing in this Section 11.16 shall prevent any Lender Party from (A) disclosing, subject to the terms and requirements of this Section 11.16 , such information to a Subsidiary or an Affiliate or its or their Representatives, (B) disclosing Confidential Information in connection with the exercise of any remedy hereunder, (C) using Confidential Information solely for purposes of evaluating and administering the Loans and the Loan Documents, (D) disclosing Confidential Information to a Participant, an Assignee or a potential Transferee, in each case in accordance with Section 11.7(f) or (E) to the National Association of Insurance Commissioners, any title or credit insurance company or any similar organizations and (ii) subject to Section 11.16(d) , not disclose Confidential Information to Representatives of its Trading Business. Any Person required to maintain the confidentiality of Confidential Information as provided in this Section 11.16 shall be considered to have complied with its obligation to do so if such Person has exercised the same degree of care to maintain the confidentiality of such Confidential Information as such Person would accord to its own confidential information.