definiens: shall, for this purpose, have the same meaning as when it is used in the insider trading provisions of the South African Financial Markets Act No 19 of 2012, which is not limited to the circums tances referred to in section 79 of that Act ; 21.2.4.2 corresponds in substance to information disclosed and/or made available by a third party to the Disclosing Party at any time without any obligation not to disclose same, unless the Disclosing Party knows that the third party from whom it received that information is prohibited from transmitting the information to Disclosing Party by a contractual, legal or fiduciary obligation to any other party ; 49 Sale Agreement ( Execution Version)/#4200957v1 21.2.4.3 is information which was already in the possession of the Disclosing Party prior to its disclosure by the other Party to the Disclosing Party or is independently developed by the Disclosing Party without reference to the Co nfidential Information