premise: (4) all information concerning or related to the Transaction; provided, that the Confidential Information of the Disclosing Party shall not include  (x) information which is or becomes generally known to the public through no act or omission of the Receiving Party and  (y) information which has been or hereafter is lawfully obtained by the Receiving Party from a source other than the Disclosing Party (or any of their respective Affiliates or their respective officers, directors, employees, equity holders or agents) so long as, in the case of information obtained from a third party, such third party was or is not, directly or indirectly, subject to an obligation of confidentiality owed to the Disclosing Party or any of their Affiliates at the time such Confidential Information was or is disclosed to the Receiving Party. 