第
页3
(顾问)。双方同意不会，并将确保了解交易或评估材料的其代表不会联系
(A)另一方或其任何代表或(B)任何其他个人或实体(包括但不限于任何监管机构和其他
方的任何供应商、客户、合作伙伴、会计师、股东、债权人或房东)，除非得到Hostess或Hostess Advisors或公司或公司顾问的特别同意。
4. In addition, (a) without the prior written consent of Hostess, neither the Company nor any of its Representatives will have any
discussions, negotiations or other communications with, or enter into any agreement, arrangement or understanding with, any other person regarding a possible transaction involving Hostess, including, without limitation, discussing or negotiating
with, or offering to, any person (including any directors, officers, employees or other Representatives of Hostess, or any potential financing source) any potential position, involvement or other form of direct or indirect participation (debt,
equity, roll-over, co-investment or otherwise) in any such possible transaction or otherwise club, partner, joint-bid or enter into any agreements or understandings,
whether written or oral, with any third party with respect to the foregoing; and (b) without the prior written consent of the other party, neither party nor any of its Representatives will disclose (except to the extent required by applicable
Legal Requirement (as defined in, and subject to compliance with, paragraph 6)) to any person other than its Representatives (i) the existence, terms or subject matter of this Agreement or that Evaluation Material has been requested by or made
available to it or any of its Representatives; (ii) that such party is considering a Transaction with the other party; (iii) that investigations, discussions or negotiations are taking place concerning a Transaction with the other party;
(iv) any information that would be reasonably likely to enable such person to identify the other party as a party to any discussions or negotiations with it or any of its Representatives; or (v) any terms, conditions or other facts or
information with respect to a Transaction with the other party, including, without limitation, the status of any discussions or negotiations between it or any of its Representatives and the other party or any of its Representatives relating to a
Transaction with the other party (including, without limitation, whether any such discussions or negotiations are ongoing or have been terminated), or any opinion or view with respect to the other party or the Evaluation Material, including, without
limitation, any opinion or view with respect to valuation (any of the information referred to in this clause (b), the “Transaction Information”). The Company represents and warrants that, except as disclosed to Hostess or its
outside legal counsel prior to its execution of this Agreement, neither it nor any of its Representatives have, prior to its execution of this Agreement, taken any of the actions referred to in clause (a) of the immediately preceding sentence.
5. Reserved.
6.如果
美国联邦、州或非美国法律、法规、证券交易所规则或其他适用的司法或政府程序（包括但不限于通过证词、质询、文件请求、传票、民事调查要求或类似程序）要求或要求接收方或其任何代表披露任何评估材料，
接收方将在法律允许的范围内向披露方提供”“
