In the context of the Potential Transaction discussions for Camp Margaritaville, who could potentially be the 'Disclosing Party' providing proprietary or confidential business information?
Camp_Margaritaville Franchise · 2025 FDDAnswer from 2025 FDD Document
Margaritaville and Company are entering into discussions concerning a possible transaction (the "Potential Transaction"). As part of the Parties' discussions regarding the Potential Transaction, it has been necessary and may continue to be necessary for a Party to disclose to another Party, or provide another Party with access to, certain proprietary and/or confidential business information.
The Party disclosing or providing access to certain proprietary and/or confidential business information (which may be Margaritaville or Company) shall hereinafter be referred to as the "Disclosing Party".
The Party being provided access to or receiving such proprietary and/or confidential business information (which may be Margaritaville or Company) shall be referred to hereinafter as the "Receiving Party".
Source: Item 23 — RECEIPTS (FDD pages 72–406)
What This Means (2025 FDD)
According to the 2025 Camp Margaritaville FDD, during discussions concerning a possible transaction, either Margaritaville Enterprises, LLC, along with its subsidiaries and affiliates, or the 'Company' (the other party involved in the potential transaction), could be the 'Disclosing Party'.
The 'Disclosing Party' is the entity that discloses or provides access to proprietary and/or confidential business information. This means that Camp Margaritaville, or the other company involved, might share sensitive business details with each other as part of exploring the potential transaction. The party receiving the information is referred to as the 'Receiving Party'.
This arrangement is designed to allow both parties to evaluate the potential transaction while protecting their confidential information. The agreement ensures that the 'Receiving Party' understands its obligations regarding the use and protection of any confidential information it receives from the 'Disclosing Party'.