This Guaranty shall be treated as confidential and is being provided to the Guaranteed Party solely in connection with the execution and delivery of the Merger Agreement. This Guaranty may not be used, circulated, quoted or otherwise referred to in any document, except with the written consent of the Guarantor and the Guaranteed Party; provided that no such written consent shall be required (and the Guarantor, the Guaranteed Party and their respective Affiliates shall be free to release such information) for disclosures to such Person’s respective members, limited partners, securityholders and representatives, so long as such Persons agree to keep such information confidential on terms substantially identical to the terms contained in this Section 12 or are otherwise bound by a contractual, legal or fiduciary obligation to keep such information confidential; further provided , that the Guarantor and the Guaranteed Party may disclose this Guaranty to the extent required by Law, the applicable rules of any national securities exchange or required or requested by the SEC.