Common use of Public Disclosure Clause in Contracts

Public Disclosure. Parent and the Company will consult with each other before issuing any press release or otherwise making any public statement with respect to the Merger, this Agreement or an Acquisition Proposal and will not issue any such press release or make any such public statement prior to such consultation, except as may be required by law or any listing agreement with a national securities exchange or Nasdaq.

Appears in 4 contracts

Samples: Agreement and Plan of Reorganization (Technoconcepts, Inc.), Agreement and Plan of Reorganization (Omega Ventures Inc), Agreement and Plan of Reorganization (Dtomi Inc)

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Public Disclosure. Parent and the Company will consult with each other before issuing any press release or otherwise making any public statement with respect to the Merger, this Agreement or an Acquisition Proposal action related to this Agreement and will not issue any such press release or make any such public statement prior to such consultation, except as may be required by law or any listing agreement with a national securities exchange or Nasdaqthe Over the Counter Bulletin Board.

Appears in 4 contracts

Samples: Agreement and Plan of Merger (One2one Living Corp), Agreement and Plan of Merger (North American Oil & Gas Corp.), Agreement and Plan of Merger (Terra Tech Corp.)

Public Disclosure. Parent and the Company will shall consult with each other before issuing any press release or otherwise making any public statement with respect to the Merger, Merger or this Agreement or an Acquisition Proposal and will shall not issue any such press release or make any such public statement prior to such consultation, except as may be required by law or any listing agreement with a national securities exchange or Nasdaqlaw.

Appears in 4 contracts

Samples: Agreement and Plan of Reorganization (Aspect Development Inc), Agreement and Plan of Reorganization (Wadhwani Romesh), Agreement and Plan of Reorganization (I2 Technologies Inc)

Public Disclosure. Parent and the Company will shall consult with each other before issuing any press release or otherwise making any public statement with respect to the Merger, Merger or this Agreement or an Acquisition Proposal and will shall not issue any such press release or make any such public statement prior to such consultationstatement, except as may be required by law or any listing agreement with a national securities exchange or Nasdaqlaw.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Leukosite Inc), Agreement and Plan of Merger (Millennium Pharmaceuticals Inc), Agreement and Plan of Merger (Millennium Pharmaceuticals Inc)

Public Disclosure. Prior to the Appointment Time, Parent and the Company will consult with each other other, and agree, before issuing any press release or otherwise making any public statement with respect to the MergerOffer, the Merger or this Agreement or an Acquisition Proposal and will not issue any such press release or make any such public statement prior to such consultationwithout the written consent of the other, except as may be required by law or any listing agreement with a national securities exchange or Nasdaqmarket.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Neon Systems Inc), Agreement and Plan of Merger (Progress Software Corp /Ma)

Public Disclosure. Parent and the Company will consult with each other ----------------- other, and to the extent practicable, agree, before issuing any press release or otherwise making any public statement with respect to the MergerMerger or this Agreement, this Agreement or an Acquisition Proposal and will not issue any such press release or make any such public statement prior to such consultation, except as may be required by law or any listing agreement with a national securities exchange or Nasdaqexchange. The parties have agreed to the text of the joint press release announcing the signing of this Agreement.

Appears in 2 contracts

Samples: Voting Agreement (Broadbase Software Inc), Agreement and Plan of Merger (Kana Communications Inc)

Public Disclosure. Parent and the Company will shall consult with each other before issuing any press release or otherwise making any public statement with respect to the Merger, Merger or this Agreement or an Acquisition Proposal and will shall not issue any such press release or make any such public statement prior to such consultation, except as may be required by law or any listing agreement with a national securities exchange or NasdaqThe Nasdaq Stock Market, Inc. and in any event in accordance with the terms of the Confidentiality Agreement.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Telaxis Communications Corp), Agreement and Plan of Merger (P Com Inc)

Public Disclosure. Parent and the Company will shall consult with each other before issuing any press release or otherwise making any public statement with respect to the Merger, Merger or this Agreement or an Acquisition Proposal and will shall not issue any such press release or make any such public statement prior to such consultation, except as may be required by law or any listing agreement with a national securities exchange or Nasdaqthe Nasdaq National Market.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Platinum Technology Inc), Agreement and Plan of Merger (Mastering Inc)

Public Disclosure. Parent and the Company will consult with each other before issuing any press release or otherwise making any public statement with respect to the Merger, this Agreement or an Acquisition Proposal and will not issue any such press release or make any such public statement prior to such consultation, except as may be required by law or any listing agreement with a national securities exchange exchange, in which case commercially reasonable efforts to consult with the other party will be made prior to any such press release or Nasdaqpublic statement. The parties have agreed to the text of the joint press release announcing the signing of this Agreement.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Netscreen Technologies Inc)

Public Disclosure. (a) Parent and the Company will consult with each other and agree before issuing any press release or otherwise making any public statement with respect to the Merger, Merger or this Agreement or an Acquisition Proposal and will not issue any such press release or make any such public statement prior to such consultationagreement, except as may be required by law or any listing agreement with a national securities exchange exchange, in which case reasonable efforts to consult with the other party will be made prior to any such release or Nasdaqpublic statement.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Digital Insight Corp)

Public Disclosure. Without limiting any other provision of this Agreement, Parent and the Company will consult with each other before issuing issuing, and provide each other the opportunity to review, comment upon and concur with, and agree on, any press release or otherwise making any public statement with respect to this Agreement, the Merger, this Agreement or an Acquisition Proposal Merger and the other transactions contemplated hereby and will not issue any such press release or make any such public statement prior to such consultationconsultation and agreement, except as may be required by law or any listing agreement with a national securities exchange or Nasdaqapplicable Legal Requirements.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Dassault Systemes Sa)

Public Disclosure. Parent and the Company will shall consult with each other before issuing any press release or otherwise making any public statement with respect to the Merger, Merger or this Agreement or an Acquisition Proposal and will shall not issue any such press release or make any such public statement prior to such consultation, except as may be required pursuant to Legal Requirements or by law the rules or any listing agreement with a national securities exchange regulations of the SEC or the Nasdaq.

Appears in 1 contract

Samples: Agreement and Plan of Merger and Reorganization (Microtune Inc)

Public Disclosure. The Parent will consult with the ----------------- Company, and the Company will consult with the Parent, and each will get the approval of the other (which will not be unreasonably withheld or delayed), before issuing any press release or otherwise making any public statement with respect to the Merger, Merger or this Agreement or an Acquisition Proposal and will not issue any such press release or make any such public statement prior to such consultationconsultation and approval, except as may be required by law or any listing agreement with or rule of a national securities exchange or Nasdaqexchange. 6.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Energynorth Inc)

Public Disclosure. Except as otherwise permitted by Section 4.4(e), Parent and the Company will shall reasonably consult with each other before issuing any press release or otherwise making any public statement with respect to this Agreement or the Merger, this Agreement or an Acquisition Proposal and will shall not issue any such press release or make any such public statement prior to such consultation, except as may be required by law Legal Requirements or any listing agreement with a any national securities exchange or Nasdaqnational trading system, in which case reasonable efforts to consult with the other party will be made prior to such release or public statement, to the extent reasonably practicable.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Tarrant Apparel Group)

Public Disclosure. The Company and Parent and the Company will shall consult with each other before issuing any press release or otherwise making any public statement with respect to the Merger, Merger or this Agreement or an Acquisition Proposal and will shall not issue any such press release or make any such public statement prior to such consultation, except as may be required by law or by obligations pursuant to any listing agreement with a any national securities exchange or Nasdaq.by the National Association of Securities Dealers, Inc.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Iq Software Corp)

Public Disclosure. Parent and the Company will shall consult with each other before issuing any press release or otherwise making any public statement with respect to the Merger, Merger or this Agreement or an Acquisition Proposal and will shall not issue any such press release or make any such public statement prior to such consultation, except as may be required by law or regulation or any listing agreement with a national securities exchange or Nasdaqthe Nasdaq National Market, and in any event in accordance with the terms of the Confidentiality Agreement.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (C Bridge Internet Solutions Inc)

Public Disclosure. Parent and the Company will shall consult with each other before issuing any press release release, having any communication with the press, making any other public statement or otherwise making scheduling any press conference or conference call with investors or analysts with respect to this Agreement or the transactions contemplated hereby and, except in respect of any public statement or press release as may be required by applicable Law or any listing agreement with respect to the Mergeror rule of any national securities exchange or association, this Agreement or an Acquisition Proposal and will shall not issue any such press release or make any such other public statement prior to or schedule any such consultation, except as may be required by law press conference or any listing agreement with a national securities exchange or Nasdaqconference call without the consent of the other Party.

Appears in 1 contract

Samples: Agreement and Plan of Merger (First Federal Bancshares of Arkansas Inc)

Public Disclosure. Parent and the Company will consult with each other and agree in writing before issuing any press release or otherwise making any public statement with respect to the Merger, this Agreement or an Acquisition Proposal and will not issue any such press release or make any such public statement prior to such consultation, except as may be required by law or any listing agreement with a national securities exchange or Nasdaq.

Appears in 1 contract

Samples: Agreement and Plan of Merger (American Access Technologies Inc)

Public Disclosure. Parent and the Company will consult with each other and agree before issuing any press release or otherwise making any public statement with respect to the Merger, Merger or this Agreement or an Acquisition Proposal and will not issue any such press release or make any such public statement prior to such consultationagreement, except as may be required by law law, in which case reasonable efforts to consult with the other party will be made prior to any such release or any listing agreement with a national securities exchange or Nasdaqpublic statement.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Avi Biopharma Inc)

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Public Disclosure. The Parent will consult with the Company, and the Company will consult with the Parent, and each will get the approval of the other (which will not be unreasonably withheld or delayed), before issuing any press release or otherwise making any public statement with respect to the Merger, Merger or this Agreement or an Acquisition Proposal and will not issue any such press release or make any such public statement prior to such consultationconsultation and approval, except as may be required by law or any listing agreement with or rule of a national securities exchange or Nasdaqexchange.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Eastern Enterprises)

Public Disclosure. Parent and the Company will consult with each other other, and to the extent reasonably practicable, agree, before issuing any press release or otherwise making any public statement with respect to the Merger, this Agreement or an Acquisition Proposal and will not issue any such press release or make any such public statement other announcement prior to such consultation, except as may be required by law or any listing agreement with a national securities exchange or Nasdaqthe Nasdaq Stock Market.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Tangram Enterprise Solutions Inc)

Public Disclosure. The Parent and the Company will consult with each other before issuing any press release or otherwise making any public statement with respect to the Merger, this Agreement or an Acquisition Proposal and will not issue any such press release or make any such public statement prior to such consultation, except as may be required by law or any listing agreement with a national securities exchange or Nasdaqthe Over the Counter Bulletin Board.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Copper Valley Minerals LTD)

Public Disclosure. Unless otherwise permitted by this Agreement, Parent and the Company will shall consult with each other before issuing any press release or otherwise making any public statement with respect or making any other public (or non-confidential) disclosure (whether or not in response to an inquiry) regarding the Merger, terms of this Agreement or an Acquisition Proposal and will not issue any such press release or make any such public statement prior to such consultation, except as may be required by law or any listing agreement with a national securities exchange or Nasdaq.the transactions

Appears in 1 contract

Samples: Agreement and Plan of Merger and Reorganization (Cisco Systems Inc)

Public Disclosure. Parent and the Company will consult with each other other, and to the extent practicable, agree, before issuing any press release or otherwise making any public statement with respect to the Merger, this Agreement or an Acquisition Proposal and will not issue any such press release or make any such public statement prior to such consultation, except as may be required by law or any listing agreement with a national securities exchange or Nasdaq.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Serviceware Technologies Inc/ Pa)

Public Disclosure. Parent and the Company will consult with each other other, and to the extent practicable, agree, before issuing any press release or otherwise making any public statement with respect to the MergerOffer, this Agreement or an Acquisition Proposal and will not issue any such press release or make any such public statement prior to such consultation, except as may be required by law or any listing agreement with a national securities exchange exchange, in which case reasonable efforts to consult with the other party will be made prior to any such release or Nasdaq.public statement. 6.6

Appears in 1 contract

Samples: Agreement and Plan of Merger (Objective Systems Integrators Inc)

Public Disclosure. (a) Parent and the Company will shall consult with each other before issuing any press release or otherwise making any public statement with respect to the Merger, Merger or this Agreement or an Acquisition Proposal and will shall not issue any such press release or make any such public statement prior to such consultation, except as may be required by law or any listing agreement with a national securities exchange or NasdaqThe Nasdaq Stock Market, Inc., so long as Parent has provided the Company and the Principals with notice of such requirement and makes reasonable efforts to get confidential treatment if so requested by the Company or the Principals and in any event in accordance with the terms of the Confidentiality Agreement.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Ydi Wireless Inc)

Public Disclosure. Parent and the Company will consult with each other other, and agree, before issuing any press release or release, and will consult with each other and to the extent practicable, agree, before otherwise making any public statement with respect to this Agreement, the Mergerother party, this Agreement or an Acquisition Proposal Proposal, and will not issue any such press release or make any such public statement prior to such consultation, except as may be required by law or any listing agreement with a national securities exchange exchange, in which case reasonable efforts to consult with the other party will be made prior to any such release or Nasdaqpublic statement.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Clearone Communications Inc)

Public Disclosure. Parent and the Company will consult with each other before issuing any press release or otherwise making any public statement with respect to the Merger, Merger or this Agreement or an Acquisition Proposal and will not issue any such press release or make any such public statement prior to such consultation, except as may be required by law Applicable Law or any listing agreement with a national securities exchange exchange, in which case reasonable efforts to consult with the other party will be made prior to any such release or Nasdaqpublic statement.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Sun Healthcare Group Inc)

Public Disclosure. Parent and the Company will consult with each other other, ----------------- and to the extent practicable, agree, before issuing any press release or otherwise making any public statement with respect to the MergerOffer, this Agreement or an Acquisition Proposal and will not issue any such press release or make any such public statement prior to such consultation, except as may be required by law or any listing agreement with a national securities exchange exchange, in which case reasonable efforts to consult with the other party will be made prior to any such release or Nasdaqpublic statement.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Agilent Technologies Inc)

Public Disclosure. Parent and the Company will consult with each other and agree before issuing any press release or otherwise making any public statement with respect to the Merger, this Agreement or an Acquisition Proposal and will not issue any such press release or make any such public statement prior to such consultation, except as may be required by law or any listing agreement with a national NASD requirements for companies whose securities exchange or are traded on Nasdaq.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Isocor)

Public Disclosure. Unless otherwise permitted by this Agreement, Parent and the Company will shall consult with each other before issuing any press release or otherwise making any public statement with respect or making any other public (or non-confidential) disclosure (whether or not in response to an inquiry) regarding the Merger, terms of this Agreement or an Acquisition Proposal and will not the transactions contemplated hereby, and neither shall issue any such press release or make any such public statement prior to such consultation, except as may be required by law or any listing agreement with a national securities exchange or Nasdaq.statement

Appears in 1 contract

Samples: Agreement and Plan of Merger and Reorganization (Tickets Com Inc)

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