Until the third (3 rd ) anniversary of the Closing Date, such Seller shall not, and shall cause each of such Seller’s Affiliates to not, at any time after the Closing, disclose to any Person or use for any purpose any Confidential Information; provided, however , that such Seller and such Seller’s Affiliates may make such disclosures of Confidential Information (i) as are required under applicable Law, in each case as long as such Person (A) provides reasonable advance notice to the extent practical and legally permissible of such requirement to the Purchaser so that the Purchaser may seek a protective order or other appropriate remedy, (B) reasonably cooperates with the Purchaser at Purchaser’s expense to obtain an appropriate protective order or other reliable assurance that confidential treatment shall be accorded to such information and (C) discloses only such information as such Person is advised by outside legal counsel in writing that such Person is legally required to disclose or (ii) as permitted by or as necessary for purposes of exercising such Person’s rights or remedies under this Agreement, the Transaction Documents to which such Person is a party or any other written agreement between such Person and the Purchaser or the Target Companies.  The Purchaser acknowledges that: (1) the Sellers and certain of their Affiliates make investments in companies in the ordinary course of business, and, as a result of such investments, such companies may be deemed to be affiliated or associated with the Sellers and such Affiliates; (2) certain other Persons that may be deemed to be directly or indirectly affiliated or associated with a Seller represent institutions over which such Seller has no or limited control; and (3) the Sellers and their Affiliates’ ownership of the Target Companies has served to give the Sellers and their Affiliates increased knowledge and understanding of the Target Companies’ industry and business in a way that cannot be reasonably expected to be forgotten or separated from the Sellers and their Affiliates’ overall knowledge base.  Therefore, notwithstanding anything in this Section 5.15 to the contrary, the Purchaser, on behalf of itself and its Affiliates, agrees that, (x) to the extent a Seller has not disclosed and does not disclose, directly or indirectly (including through one or more of its Affiliates), any Confidential Information to, and has not used and does not use Confidential Information for the benefit of such affiliated companies or other Persons in violation of this Section 5.15 , none of the terms of this Section 5.15 shall apply to such affiliated companies or other Persons, and (y) without in any way limiting the obligations of the Sellers under this Agreement, the Sellers will not be deemed to be in breach of this Section 5.16(b)  by reason of remembering, retaining, and using in their business their increased knowledge as described in item (3) of the preceding sentence.