CONFIDENTIALITY UNDERTAKING LETTER FORMAT FOR NCLT

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CONFIDENTIALITY UNDERTAKING LETTER FORMAT FOR NCLT


CONFIDENTIALITY UNDERTAKING 

To,

Mr. Rabi Kumar Mishra

14/5N S Road, Dholakawala Building,

Janmabhoomi  Marg, Fort

Mumbai-400001, Maharashtra, India

 

Subject: Undertaking under Section 29 of the Insolvency And Bankruptcy Code, 2016 (IBC) and Regulation 36 (4) of the Insolvency And Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 to maintain confidentiality


Sir, 

This confidentiality undertaking has been signed by  Stabnet Commercials Private Limited, a potential resolution applicant (as per Section 5 (25) of Insolvency & Bankruptcy Code, 2016 (“Code”)), having its office at 45/5 L K Road, Kolkata 700001 West Bengal  acting through Mr. Amit Singh, the authorized representative (“Resolution Applicant”, which expression shall, unless repugnant to the context, include its successors, legal representatives, permitted assigns and administrators in business) in favour of Mr. Ravi Kumar Mishra, an insolvency professional having registration No. IBBI/IPA-001/IP-P01111/2028-291515 on the _10_ day of _May_, 2029.

 

THEREFORE, the Resolution Applicant hereby declares and undertakes as follows:

a)      the Confidential Information shall be kept confidential by the Resolution Applicant and shall be used solely as allowed under the Code;

b)      the Resolution Applicant shall not use the Confidential Information to cause any undue gain or undue loss to itself or any other person;

c)      the Resolution Applicant shall comply with all provisions of law for the time being in force relating to confidentiality.

d)      the Resolution Applicant shall protect any intellectual property of the corporate debtor which it may have access to;

e)      the Confidential Information may only be disclosed to and shared with any employees or third parties by the Resolution Applicant, in accordance with applicable laws, including in relation to confidentiality, and terms of this confidentiality undertaking on a strict need-to-know basis and only to the extent necessary for and in relation to the corporate insolvency resolution process of the corporate debtor, provided that the Resolution Applicant binds such employees and third parties, by way of an undertaking/ agreements, to terms at least as restrictive as those stated in this confidentiality undertaking;

f)        the Resolution Applicant shall ensure that all Confidential Information is kept safe and secured at all times and is protected from any theft or leakage;

g)      the Resolution Applicant shall immediately destroy and permanently erase all Confidential Information upon the approval of a resolution plan by the National Company Law Tribunal (“NCLT”) under Section 31(1) of the Code or upon an order for liquidation of the corporate debtor being passed by the NCLT under Section 33 of the Code, unless otherwise waived by the (i) corporate debtor in writing in the event of approval of resolution plan by the NCLT; or (ii) liquidator in writing in the event of an order for liquidation of the corporate debtor being passed by the NCLT under Section 33 of the Code;

h)      the Resolution Applicant shall take all necessary steps to safeguard the privacy and confidentiality of the information in the Information Memorandum and shall use its best endeavours to secure that no person acting on its behalf divulges or discloses or uses any part of the Confidential Information, including but not limited to the financial position of the corporate debtor, all information related to disputes by or against the corporate debtor and any other matter pertaining to the corporate debtor as may be specified in the Information Memorandum.  

 

Signed on behalf of

Stabnet Commercials Private Limited

 

 

 

 

by Mr. Amit Singh

Authorized Representative



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