Transportadora de Gas del Peru S.A
Request for Access
Transportadora de Gas del Peru S.A («TGP») has established https://www.tgp.com.pe/inversionista/ as a publicly available website in the following terms & conditions described herein for the delivery of its reports to (i) holders and potential holders pursuant to Section 3.9 of the Indenture governing the outstanding 4.250% Senior Notes Due 2028 issued by TGP (the «TGP Senior Notes»); (ii) the Rating Agencies rating the TGP Senior Notes, if applicable pursuant to the Indenture governing the TGP Senior Notes and in accordance with their corresponding Confidential Information Policy; and (iii) the Trustee for the TGP Senior Notes exclusively in such capacity and who shall only use the information in connection with its fiduciary duties relating to the Indenture governing the TGP Senior Notes and not for any other purpose (each of them, individually or collectively, called the “User”, as the context requires).
By submitting this Request for Access, the User hereby represents and acknowledges to TGP that User is, either (i) a current owner of the TGP Senior Notes, or (ii) an eligible investor to own the TGP Senior Notes, or (iii) a Rating Agency providing rating services to TGP relating to the TGP Senior Notes, or (iv) the Trustee of TGP Senior Notes.
The User further acknowledges and agrees with TGP that the information contained on https://www.tgp.com.pe/inversionista/ is confidential, whether or not specifically marked as ‘confidential’ (the “Information”) and each time the User enters into the workspace, the User will be reaffirming such acknowledgement and agreement. The User shall only use the information in connection with their corresponding abovementioned capacities relating to the TGP Senior Notes and not for any other purpose, and User agrees not to disseminate such information.
The foregoing confidentiality requirements do not apply to (a) any Information to the extent it is or becomes generally available to the public by means other than through the User’s or the User’s representatives’ breach of this confidentiality undertaking, (b) any Information that is or was available to the User’s or the User’s representatives from a source other than TGP or its representatives, provided that such source is not known by the User or the User’s representatives to be subject to any obligations of confidentiality to TGP or its representatives, (c) any disclosure to the extent required by applicable law or to the extent required by regulatory or governmental authorities with jurisdiction over the User, (d) any disclosure that is consented to in writing by TGP, or (e) any information that is independently developed by you without use of or reliance on the Information in any manner.
Upon the User ceasing its corresponding capacity in relation to the TGP Senior Notes, as described above, to the extent permitted by applicable law or internal document retention policy, you shall return or destroy any copies of the Information and any notes derived therefrom and shall certify the same to TGP upon request.
The User hereby certifies that it is authorized to access the Information and that its user identification and password accurately reflect the User’s identity.