第
頁3
(顧問)。雙方同意不會，並將確保瞭解交易或評估材料的其代表不會聯繫
(A)另一方或其任何代表或(B)任何其他個人或實體(包括但不限於任何監管機構和其他
方的任何供應商、客户、合作伙伴、會計師、股東、債權人或房東)，除非得到Hostess或Hostess Advisors或公司或公司顧問的特別同意。
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
美國聯邦、州或非美國法律、法規、證券交易所規則或其他適用的司法或政府程序（包括但不限於通過證詞、質詢、文件請求、傳票、民事調查要求或類似程序）要求或要求接收方或其任何代表披露任何評估材料，
接收方將在法律允許的範圍內向披露方提供
