Avis 2006 Annual Report Download - page 176

notice to CRCF (unless prohibited by applicable law, rule, order or decree or other requirement having the force of law), (C) in connection with
any litigation to which such Person is a party upon prior notice to CRCF (unless prohibited by applicable law, rule, order or decree or other
requirement having the force of law) or (D) if an Amortization Event with respect to the Series 2005-2 Notes has occurred and is continuing, to
the extent such Person may reasonably determine such delivery and disclosure to be necessary or appropriate in the enforcement or for the
protection of the rights and remedies under the Series 2005-2 Notes, the Indenture or any other Related Document; and provided , further ,
however , that delivery to any Series 2005-2 Note Owner of any report or information required by the terms of the Indenture to be provided to
such Series 2005-2 Note Owner shall not be a violation of this Section 6.21. Each Series 2005-2 Note Owner agrees, by acceptance of a
beneficial interest in a Series 2005-2 Note, except as set forth in clauses (v), (vi) and (ix) above, that it shall use the Confidential Information
for the sole purpose of making an investment in the Series 2005-2 Notes or administering its investment in the Series 2005-2 Notes. In the
event of any required disclosure of the Confidential Information by such Series 2005-2 Note Owner, such Series 2005-2 Note Owner agrees to
use reasonable efforts to protect the confidentiality of the Confidential Information.
(b) For the purposes of this Section 6.21, “ Confidential Information ” means information delivered to the Trustee or any Series
2005-2 Note Owner by or on behalf of CRCF in connection with and relating to the transactions contemplated by or otherwise pursuant to the
Indenture and the Related Documents; provided , that such term does not include information that: (i) was publicly known or otherwise known
to the Trustee or such Series 2005-2 Note Owner prior to the time of such disclosure; (ii) subsequently becomes publicly known through no act
or omission by the Trustee, any Series 2005-2 Note Owner or any person acting on behalf of the Trustee or any Series 2005-2 Note Owner;
(iii) otherwise is known or becomes known to the Trustee or any Series 2005-2 Note Owner other than (x) through disclosure by CRCF or
(y) as a result of the breach of a fiduciary duty to CRCF or a contractual duty to CRCF; or (iv) is allowed to be treated as non-confidential by
consent of CRCF.
-
49
-