definiens: means any and all material, non - public, data, reports, financialinformation, interpretations, forecasts and records containing or otherwise reflecting information ( x ) to the extentrelating to the Purchased Assets, the Assumed Liabilities, or the Business, or ( y ) that has been or may hereafter bedisclosed in any form, whether in writing, orally, electronically, or otherwise, or otherwise made available byobservation, inspection or otherwise by Buyer or its representatives to the Sellers, their affiliates or their respectiveofficers, directors, agents and representatives and which is reasonably considered by Buyer to be confidential orproprietary, including, but not limited to, information relating to its business, financial condition or business plan, except for information that is otherwise in the public domain . Notwithstanding the foregoing, the term shall not include information : 11 * * * * This material has been omitted pursuant to a request for confidential treatment and filed separately with theSecurities and Exchange Commission