No. Each Qualified Bidder in its Part 2 Application is asked to certify that it will not, at any time, disclose any confidential information regarding the Auction Process with some narrow exceptions (i.e., the Qualified Bidder may reveal such information to bidders with which it is associated as disclosed in this Part 2 Application, and to its Advisor). This is certification (13) of each of Insert #P2-1 and Insert #P2-3. The purchase of a win-contingent product, once bidding has begun but before the Board has rendered a decision on the auction results, would likely reveal confidential information regarding the Auction Process, such as the status of the Qualified Bidder’s participation in the auction and the status of the auction itself. Thus, if a Qualified Bidder entered into a win-contingent transaction, it would likely mean that the Qualified Bidder would be unable to uphold one or more of its certifications in the Part 2 Application.
11/15/2021, in Association and Confidential Information Rules.