Fill and Sign the Confidential Information Agreement

IN THE UNITED STATES BANKRUPTCY COURT       DISTRICT OF       In re:       , Debtor. Chapter 11 Case No.       ORDER PURSUANT TO SECTION 105 OF THE BANKRUPTCY CODE, RULES 9014 AND 7026 OF THE FEDERAL RULES OF BANKRUPTCY PROCEDURE AND RULE 26 OF THE FEDERAL RULES OF CIVIL PROCEDURE (A) PROVIDING THAT DEBTOR NEED DISCLOSE SENSITIVE AND CONFIDENTIAL PROPRIETARY INFORMATION ONLY TO PERSONS WHO HAVE EXECUTED A REASONABLY SATISFACTORY CONFIDENTIALITY AGREEMENT, AND (B) DETERMINING THAT AGREEMENTS UPON WHICH DEBTOR WILL PROVIDE CONFIDENTIAL INFORMATION ARE REASONABLE, OR ALTERNATIVELY, DETERMINING THE REASONABLENESS OF CERTAIN PROVISIONS Upon the motion (the "Motion") of       , the above - captioned debtor and debtor - in - possession (the "Debtor"), for an order pursuant to section 105 of title 11 of the United States Code (the "Bankruptcy Code"), Rules 9014 and 7026 of the Federal Rules of Bankruptcy Procedure (the "Bankruptcy Rules"), and Rule 26 of the Federal Rules of Civil Procedure ("Fed. R. Civ. P.") (A) providing that the Debtor need disclose highly sensitive and confidential proprietary information (the "Sensitive Information") only to persons who have executed a reasonably satisfactory confidentiality agreement, and (B) determining that the agreements, attached as Exhibits A, B, and C, upon which Debtor will provide such Sensitive Information are reasonable, or alternatively, determining the disputed issues as to reasonable provisions in any such agreements; and the Court having jurisdiction over this matter pursuant to 28 U.S.C. 157 and 1334 and this being a core proceeding pursuant to 28 U.S.C. 157(b) (2); and the Court being satisfied that the relief requested is in the best interests of the Debtor, its estate, and its creditors; and after due notice, and good and sufficient cause appearing therefor; it is hereby ORDERED, DETERMINED AND DECREED as follows: 1. Pursuant to section 105 of the Bankruptcy Code, Bankruptcy Rules 9014 and 7026 and Fed. R. Civ. P. 26, the Debtor be, and it hereby is, required to disclose the Sensitive - 1 - Information only to members of the Creditors' Committee and their advisors who have executed a reasonably satisfactory confidentiality agreement. 2. Each of the confidentiality agreements attached as Exhibits A, B and C, upon which Debtor will provide such Sensitive Information, are reasonable. 3. Service of the Motion having been made upon (i) the Office of the United States Trustee for the District of       ,       (Attn.:       ), (ii)       ,       , attorneys for the Official Committee of Unsecured Creditors, (iii)       ,       , attorneys for       , and (iv) each of the parties that has filed and served a notice of appearance and a request for service of papers in this chapter 11 case, and it hereby is, deemed good and sufficient notice of the Motion and the relief requested in the Motion. 4. Any and all other and further notice of the relief granted by this Order, be, and it hereby is, dispensed with and waived. Dated: ________________ ______________________________ UNITED STATES BANKRUPTCY JUDGE - 2 -