Common use of Certain Securities Laws Disclosures; Publicity Clause in Contracts

Certain Securities Laws Disclosures; Publicity. The Company shall (i) within one (1) Business Day of the Closing Date, issue a press release acceptable to the Purchasers (and Purchasers shall timely approve such press release) disclosing the transactions contemplated hereby, (ii) file with the Commission such disclosure as the Company determines is required to disclose the transaction contemplated hereby in accordance with applicable securities laws, and (iii) timely file with the Commission a Form D promulgated under the Securities Act as required under Regulation D promulgated under the Securities Act and provide a copy thereof to the Purchasers promptly after the filing thereof. The Company shall, no less than one (1) Business Days prior to the filing of any disclosure required by clauses (ii) and (iii) above, provide a copy thereof to the Purchasers. The Company and the Purchasers shall consult with each other in issuing any press releases or otherwise making public statements or filings and other communications with the Commission or any regulatory agency or stock market or trading facility with respect to the transactions contemplated hereby and neither party shall issue any such press release or otherwise make any such public statement, filings or other communications pertaining to the transactions contemplated hereby without the prior written consent of the other, which consent shall not be unreasonably withheld or delayed, except that no prior consent shall be required if such disclosure is required by law and such consent can not reasonably be expected to be received prior to the time required to complete such filing or make such statement in accordance with such applicable law, in which such case the disclosing party shall provide the other party with prior notice of such public statement, filing or other communication. Notwithstanding the foregoing, the Company shall not publicly disclose the name of a Purchaser, or include the name of a Purchaser in any filing with the Commission, or any regulatory agency, trading facility or stock market without the prior written consent of such Purchaser, except to the extent such disclosure (but not any disclosure as to the controlling Persons thereof) is required by law, in which case the Company shall provide such Purchaser with prior notice of such disclosure.

Certain Securities Laws Disclosures; Publicity. The Company shall shall: (i) within one (1) Business Day of on the Closing Date, Date issue a press release acceptable to the Purchasers (and Purchasers shall timely approve such press release) disclosing the transactions contemplated hereby, (ii) file with the Commission such disclosure as a Report on Form 8-K disclosing the Company determines is required to disclose the transaction transactions contemplated hereby in accordance with applicable securities lawswithin ten Business Days after the Closing Date, and (iii) timely file with the Commission a Form D promulgated under the Securities Act as required under Regulation D promulgated under the Securities Act and provide a copy thereof to the Purchasers promptly after the filing thereof. The Company shall, no less than one (1) two Business Days prior to the filing of any disclosure required by clauses (ii) and (iii) above, provide a copy thereof to the Purchasers. No such filing or disclosure may be made that mentions the Purchasers by name without the prior consent of the Purchasers. The Company and the Purchasers shall consult with each other in issuing any press releases or otherwise making public statements or filings and other communications with the Commission or any regulatory agency or stock market or trading facility with respect to the transactions contemplated hereby and neither party shall issue any such press release or otherwise make any such public statement, filings or other communications pertaining to the transactions contemplated hereby without the prior written consent of the other, which consent shall not be unreasonably withheld or delayed, except that no prior consent shall be required if such disclosure is required by law and such consent can not reasonably be expected to be received prior to the time required to complete such filing or make such statement in accordance with such applicable law, in which such case the disclosing party shall provide the other party with prior notice of such public statement, filing or other communication. Notwithstanding the foregoing, the Company shall not publicly disclose the name names of a Purchaserthe Purchasers, or include the name names of a Purchaser the Purchasers in any filing with the Commission, or any regulatory agency, trading facility or stock market without the prior written consent of such Purchaserthe Purchasers, except to the extent such disclosure (but not any disclosure as to the controlling Persons thereof) is required by lawlaw or the requirements of Regulation S-K under the Securities Act, in which case the Company shall provide such Purchaser the Purchasers with prior notice of such disclosure.

Certain Securities Laws Disclosures; Publicity. The Company shall NeoTherapeutics shall: (i) within one (1) Business Day of on the Closing Date, issue a press release acceptable to the Purchasers (and Purchasers shall timely approve such press release) Purchaser disclosing the transactions contemplated hereby, (ii) file with the Commission such disclosure a Report on Form 8-K or Form 10-Q (as applicable) disclosing the Company determines is required to disclose the transaction transactions contemplated hereby in accordance with applicable securities lawswithin ten (10) Trading Days after the Closing Date, and (iii) timely file with the Commission a Form D promulgated under the Securities Act as required under Regulation D promulgated under the Securities Act and provide a copy thereof to the Purchasers Purchaser promptly after the filing thereof. The Company NeoTherapeutics shall, no less than one two (12) Business Trading Days prior to the filing of any disclosure required by clauses (ii) and (iii) above, provide a copy thereof to the PurchasersPurchaser. The Company NeoTherapeutics and the Purchasers Purchaser shall consult with each other in issuing any press releases or otherwise making public statements or filings and other communications with the Commission or any regulatory agency or stock market or trading facility with respect to the transactions contemplated hereby and neither party shall issue any such press release or otherwise make any such public statement, filings or other communications pertaining to the transactions contemplated hereby without the prior written consent of the other, which consent shall not be unreasonably withheld or delayed, except that no prior consent shall be required if such disclosure is required by law and or such consent can not reasonably be expected to be received prior to the time required to complete such filing or make such statement in accordance with such applicable law, in which such case the disclosing party shall provide the other party with prior notice of such public statement, filing or other communication. Notwithstanding the foregoing, the Company NeoTherapeutics shall not publicly disclose the name of a the Purchaser, or include the name of a the Purchaser in any filing with the Commission, or any regulatory agency, trading facility or stock market without the prior written consent of such the Purchaser, except to the extent such disclosure (but not any disclosure as to the controlling Persons thereof) is required by law, in which case the Company NeoTherapeutics shall provide such the Purchaser with prior notice of such disclosure.

Certain Securities Laws Disclosures; Publicity. The Company shall shall: (i) within one (1) Business Day of 1 day following the Closing Date, the Closing Date issue a press release acceptable to the Purchasers (and Purchasers shall timely approve such press release) disclosing the transactions contemplated hereby, (ii) file with the Commission such disclosure as a Report on Form 8-K, disclosing the Company determines is required to disclose the transaction transactions contemplated hereby in accordance with applicable securities lawswithin ten (10) Business Days after the Closing Date, and (iii) timely file with the Commission a Form D promulgated under the Securities Act as required under Regulation D promulgated under the Securities Act and provide a copy thereof to the Purchasers promptly after the filing thereof. The Company shall, no less than one two (12) Business Days prior to the filing of any disclosure required by clauses (ii) and (iii) above, provide a copy thereof to the Purchasers. The Company and the Purchasers shall consult with each other in issuing any press releases or otherwise making public statements or filings and other communications with the Commission or any regulatory agency or stock market or trading facility with respect to the transactions contemplated hereby and neither party shall issue any such press release or otherwise make any such public statement, filings or other communications pertaining to the transactions contemplated hereby without the prior written consent of the other, which consent shall not be unreasonably withheld or delayed, except that no prior consent shall be required if such disclosure is required by law and such consent can not reasonably be expected to be received prior to the time required to complete such filing or make such statement in accordance with such applicable law, in which such case the disclosing party shall provide the other party with prior notice of such public statement, filing or other communication. Notwithstanding the foregoing, the Company shall not publicly disclose the name names of a Purchaserthe Purchasers, or include the name names of a Purchaser the Purchasers in any filing with the Commission, or any regulatory agency, trading facility or stock market without the prior written consent of such Purchaserthe Purchasers, except to the extent such disclosure (but not any disclosure as to the controlling Persons thereof) is required by lawlaw or regulatory body, in which case the Company shall provide such Purchaser the Purchasers with prior notice of such disclosure.

Certain Securities Laws Disclosures; Publicity. The Company shall shall: (i) within one (1) Business Day of on the Closing Date, Date issue a press release reasonably acceptable to the Purchasers (and Purchasers shall timely approve such press release) disclosing the transactions contemplated hereby, (ii) file with the Commission such disclosure as a Report on Form 8-K disclosing the Company determines is required to disclose the transaction transactions contemplated hereby in accordance with applicable securities lawswithin ten Business Days after the Closing Date, and (iii) timely file with the Commission a Form D promulgated under the Securities Act as required under Regulation D promulgated under the Securities Act and provide a copy thereof to the Purchasers promptly after the filing thereof. The Company shall, no less than one (1) two Business Days prior to the filing of any disclosure required by clauses (ii) and (iii) above, provide a copy thereof to the Purchasers. Such filings will not be made without the consent of the Purchasers, which consent shall not be unreasonably withheld or delayed. The Company and the Purchasers shall consult with each other in issuing any other press releases or otherwise making public statements or filings and other communications with the Commission or any regulatory agency or stock market or trading facility with respect to the transactions contemplated hereby and neither party shall issue any such press release or otherwise make any such public statement, filings or other communications pertaining to the transactions contemplated hereby without the prior written consent of the other, which consent shall not be unreasonably withheld or delayed, except that no prior consent shall be required if such disclosure is required by law and such consent can not reasonably be expected to be received prior to the time required to complete such filing or make such statement in accordance with such applicable law, in which such case the disclosing party shall provide the other party with prior notice of such public statement, filing or other communication. Notwithstanding the foregoing, the Company shall not publicly disclose the name of a Purchaser, or include the name of a Purchaser in any filing with the Commission, or any regulatory agency, trading facility or stock market without the prior written consent of such Purchaser, except to the extent such disclosure (but not any disclosure as to the controlling Persons thereof) is required by law, in which case the Company shall provide such Purchaser with prior notice of such disclosure.

Certain Securities Laws Disclosures; Publicity. The Company shall shall: ---------------------------------------------- (i) within one (1) Business Day of on the Closing Date, issue a press release acceptable to the Purchasers (and Purchasers shall timely approve such press release) disclosing the transactions contemplated hereby, hereby and (ii) file with the Commission such disclosure as the Company determines is required to disclose the transaction contemplated hereby in accordance with applicable securities laws, and (iii) timely file with the Commission a Form D promulgated under the Securities Act as required under Regulation D promulgated under the Securities Act and provide a copy thereof to the Purchasers promptly after the filing thereof. The Company shall, no less than one (1) Business Days prior to the filing of any disclosure required by clauses clause (ii) and (iii) above, provide a copy thereof to the Purchasers. The Company and the Purchasers shall consult with each other in issuing any press releases or otherwise making public statements or filings and other communications with the Commission or any regulatory agency or stock market or trading facility with respect to the transactions contemplated hereby and neither party shall issue any such press release or otherwise make any such public statement, filings or other communications pertaining to the transactions contemplated hereby without the prior written consent of the other, which consent shall not be unreasonably withheld or delayed, except that no prior consent shall be required if such disclosure is required by law and such consent can not reasonably be expected to be received prior to the time required to complete such filing or make such statement in accordance with such applicable law, in which such case the disclosing party shall provide the other party with prior notice of such public statement, filing or other communication. Notwithstanding the foregoingforegoing and other than in the Underlying Shares Registration Statement, the Company shall not publicly disclose the name of a Purchaser, or include the name of a Purchaser in any filing with the Commission, or any regulatory agency, trading facility or stock market without the prior written consent of such Purchaser, except to the extent such disclosure (but not any disclosure as to the controlling Persons thereof) is required by law, in which case the Company shall provide such Purchaser with prior notice of such disclosure.

Certain Securities Laws Disclosures; Publicity. The Company shall shall: (i) within one (1) Business Day of on ---------------------------------------------- the Closing Date, Date issue a press release acceptable to the Purchasers (and Purchasers shall timely approve such press release) Purchaser disclosing the transactions contemplated hereby, (ii) file with the Commission such disclosure as a Report on Form 8-K disclosing the Company determines is required to disclose the transaction transactions contemplated hereby in accordance with applicable securities lawswithin ten Business Days after the Closing Date, and (iii) timely file with the Commission a Form D promulgated under the Securities Act as required under Regulation D promulgated under the Securities Act and provide a copy thereof to the Purchasers Purchaser promptly after the filing thereof. The Company shall, no less than one (1) Business Days No such filing or disclosure may be made that mentions the Purchaser by name without the prior to consent of the filing of any disclosure required by clauses (ii) and (iii) above, provide a copy thereof to the PurchasersPurchaser. The Company and the Purchasers Purchaser shall consult with each other in issuing any press releases or otherwise making public statements or filings and other communications with the Commission or any regulatory agency or stock market or trading facility with respect to the transactions contemplated hereby and neither party shall issue any such press release or otherwise make any such public statement, filings or other communications pertaining to the transactions contemplated hereby without the prior written consent of the other, which consent shall not be unreasonably withheld or delayed, except that no prior consent shall be required if such disclosure is required by law and such consent can not reasonably be expected to be received prior to the time required to complete such filing or make such statement in accordance with such applicable law, in which such case the disclosing party shall provide the other party with prior notice of such public statement, filing or other communication. Notwithstanding the foregoing, the Company shall not publicly disclose the name of a the Purchaser, or include the name of a the Purchaser in any filing with the Commission, or any regulatory agency, trading facility or stock market without the prior written consent of such the Purchaser, except to the extent such disclosure (but not any disclosure as to the controlling Persons thereof) is required by law, in which case the Company shall provide such the Purchaser with prior notice of such disclosure. Notwithstanding the foregoing, the Purchaser shall not publicly disclose the name of the Company, or include the name of the Company in any filing with the Commission, or any regulatory agency, trading facility or stock market without the prior written consent of the Company, except to the extent such disclosure is required by law, in which case the Purchaser shall provide the Company with prior notice of such disclosure.

Certain Securities Laws Disclosures; Publicity. The Company shall NeoTherapeutics shall: (i) within one (1) Business Day of on the Closing Date, issue a press release acceptable to the Purchasers (and Purchasers shall timely approve such press release) disclosing the transactions contemplated hereby, (ii) file with the Commission such disclosure a Report on Form 8-K or Form 10-Q (as applicable) disclosing the Company determines is required to disclose the transaction transactions contemplated hereby in accordance with applicable securities lawswithin ten (10) Trading Days after the Closing Date, and (iii) timely file with the Commission a Form D promulgated under the Securities Act as required under Regulation D promulgated under the Securities Act and provide a copy thereof to the Purchasers promptly after the filing thereof. The Company NeoTherapeutics shall, no less than one two (12) Business Trading Days prior to the filing of any disclosure required by clauses (ii) and (iii) above, provide a copy thereof to the Purchasers. The Company NeoTherapeutics and the Purchasers shall consult with each other in issuing any press releases or otherwise making public statements or filings and other communications with the Commission or any regulatory agency or stock market or trading facility with respect to the transactions contemplated hereby and neither party shall issue any such press release or otherwise make any such public statement, filings or other communications pertaining to the transactions contemplated hereby without the prior written consent of the other, which consent shall not be unreasonably withheld or delayed, except that no prior consent shall be required if such disclosure is required by law and or such consent can not reasonably be expected to be received prior to the time required to complete such filing or make such statement in accordance with such applicable law, in which such case the disclosing party shall provide the other party with prior notice of such public statement, filing or other communication. Notwithstanding the foregoing, the Company NeoTherapeutics shall not publicly disclose the name of a Purchaser, or include the name of a Purchaser in any filing with the Commission, or any regulatory agency, trading facility or stock market without the prior written consent of such Purchaser, except to the extent such disclosure (but not any disclosure as to the controlling Persons thereof) is required by law, in which case the Company NeoTherapeutics shall provide such Purchaser with prior notice of such disclosure.

Certain Securities Laws Disclosures; Publicity. The Company shall shall: (i) within as soon as practicable on or after the Closing Date, but no later than one (1) Business Day of week unless the Closing DateCompany chooses to combine such press release with its earnings release on August 3, 2000, issue a press release reasonably acceptable to the Purchasers (and Purchasers shall timely approve such press release) disclosing the transactions contemplated hereby, (ii) file with the Commission such disclosure a Report on Form 8-K or Form 10-Q (as applicable) disclosing the Company determines is required to disclose the transaction transactions contemplated hereby in accordance with applicable securities lawswithin ten (10) Business Days after the Closing Date, and (iii) timely file with the Commission a Form D promulgated under the Securities Act as required under Regulation D promulgated under the Securities Act and provide a copy thereof to the Purchasers promptly after the filing thereof. The Company shall, thereof and use good faith efforts to provide the Purchasers with a copy thereof no less than one (1) Business Days Day prior to the filing of any disclosure required by clauses (ii) and (iii) above, provide a copy thereof to the Purchasers. such Form D. The Company and the Purchasers shall consult with each other in issuing any press releases or otherwise making public statements or filings and other communications with the Commission or any regulatory agency or stock market or trading facility with respect to the transactions contemplated hereby and neither party shall issue any such press release or otherwise make any such public statement, filings or other communications pertaining to the transactions contemplated hereby without the prior written consent of the other, which consent shall not be unreasonably withheld or delayed, except that no prior consent shall be required if such disclosure is required by law and such consent can not reasonably be expected to be received prior to the time required to complete such filing or make such statement in accordance with such applicable law, in which such case the disclosing party shall provide the other party with prior notice of such public statement, filing or other communication. Notwithstanding the foregoing, the Company shall not publicly disclose the name of a Purchaser, or include the name of a Purchaser in any filing with the Commission, or any regulatory agency, trading facility or stock market without the prior written consent of such Purchaser, except to the extent such disclosure (but not any disclosure as to the controlling Persons thereof) is required by law, in which case the Company shall provide such Purchaser with prior notice of such disclosure.

Certain Securities Laws Disclosures; Publicity. (a) The Company shall shall: (i) within one (1) Business Day of on the Closing Date, Date issue a press release acceptable to the Purchasers (and Purchasers shall timely approve such press release) Purchaser disclosing the transactions contemplated hereby, (ii) file with within two (2) days after the Commission such disclosure as the Company determines is required to disclose the transaction contemplated hereby in accordance with applicable securities laws, and (iii) timely Closing Date file with the Commission a Report on Form D promulgated 8-K disclosing the transactions contemplated hereby, (iii) within two (2) days after the Closing Date file with the Commission a prospectus supplement (the "PROSPECTUS SUPPLEMENT") to the base prospectus included in the Registration Statement effecting the registration under the Securities Act as Registration Statement of (A) Convertible Preferred Stock in an amount equal to or in excess of the number of Shares issuable under this Agreement and (B) Common Stock in an amount up to 3,500,000 shares of Common Stock issuable upon the conversion or redemption of the Convertible Preferred or issuable in connection with the payment of dividends on the Convertible Preferred Stock and (iv) (A) in the time and manner required under Regulation D promulgated under by the Securities Act New York Stock Exchange and any such other exchange, market or quotation facility on which the Common Stock is traded, prepare and file with the New York Stock Exchange (or such other national securities exchange, market or trading or quotation facility on which the Common Stock is then traded) a supplemental listing application covering the Underlying Shares, (B) provide a copy thereof to the Purchasers promptly after Purchaser evidence of such filing, and (C) use its reasonable best efforts to maintain the filing thereoflisting of its Common Stock thereon (or such other exchange where the Common Stock is then listed). The Company shall, no less than one (1) two Business Days prior to the filing of any disclosure required by clauses (ii) and (iii) above, provide a copy thereof to the PurchasersPurchaser for its review and comment. The Company and the Purchasers Purchaser shall consult with each other in issuing any other press releases or otherwise making public statements or filings and other communications with the Commission or any regulatory agency or stock market or trading facility with respect to the transactions contemplated hereby hereby, and neither party shall issue any such press release or otherwise make any such public statement, filings or other communications pertaining to the regarding such transactions contemplated hereby without the prior written consent of the other, which consent shall not be unreasonably withheld or delayed, except that no prior consent shall be required if such disclosure is required by law and such consent can not reasonably be expected to be received prior to the time required to complete such filing or make such statement in accordance with such applicable lawstock market or trading facility regulation, in which such case the disclosing party shall promptly provide the other party with prior notice of such public statement, filing or other communication. Notwithstanding the foregoing, the Company shall not publicly disclose the name of a Purchaser, or include the name of a Purchaser in any filing with the Commission, or any regulatory agency, trading facility or stock market without the prior written consent of such Purchaser, except to the extent such disclosure (but not any disclosure as to the controlling Persons thereof) is required by law, in which case the Company shall provide such Purchaser with prior notice of such disclosure.