definiens: as defined in the NDA shall be deemed to also include ( a ) the terms and conditions of theTransaction Documents, as well as any terms and conditions arising out of or relating thereto, in whole or in part ; and(b ) any and all investigations, negotiations, discussions, transaction - related matters or activities of the parties and, tothe extent applicable, their Tax advisors and attorneys, in each case and in whole or in part, arising out of or relatingto the Merger . Each party that is not a party to the NDA, including the Stockholders ’ Representative, will hold, and willcause their respective Representatives to hold, in confidence, in accordance with the terms of the NDA as if suchparty were a party to the NDA and a thereunder, all documents and information made available tothem by or on behalf of another party to this Agreement in connection with the transactions contemplated by thisAgreement and each of the other Transaction Documents, including the terms and conditions of this Agreement;provided, however, that for purposes of this Section, the definition of provided in Annex A heretoshall be deemed to also include direct and indirect partners, members, stockholders and investors of the receivingparty . In the event that any party ( other than APC ) receives a request to disclose all or any part of any ConfidentialInformation under the terms of a subpoena, order, civil investigative demand or similar process issued by a court ofcompetent jurisdiction or by another Governmental Authority, such party agrees to ( i ) except to the extent prohibitedby Law, immediately notify APC of the existence, terms and circumstances surrounding such request ; ( ii ) consult withAPC on the advisability of taking legally available steps to resist or narrow such request ; and ( iii ) if disclosure of suchConfidential Information is required, furnish only that portion of the Confidential Information that, in the opinion ofcounsel to the party who has received the request, such party is legally compelled to disclose and advise APC as farin advance of such disclosure as possible so that APC may seek an appropriate protective order or other reliableassurance that confidential treatment will be accorded such Confidential Information . In any event, the party whoreceives the request shall not oppose actions by APC to obtain an appropriate protective order or other reliableassurance that confidential treatment will be accorded such Confidential Information . Notwithstanding anything to thecontrary herein or in any other Transaction Document ( or the NDA ), following the Closing, in no event shall APC or itsAffiliates be subject to any restriction with respect to any use or disclosure of any of the Company ’s ConfidentialInformation