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entering into (or agreeing to enter into) any agreement, option or other arrangement, whether legally binding or not, giving rise to the assumption of any risk or participation in any exposure in relation to a Facility Interest, excluding where any of the foregoing (i) is made to or entered into with an affiliate or (ii) is an act of an affiliate who in each case is operating on the public side of an information barrier unless such person is acting on instructions of a person who has received Confidential Information and is aware of the proposed Facilities.