Compensation Programs. to the extent (i) ElectronicsCo’s 2026 proxy statement or Form 10-K for the fiscal year ended December 31 of the calendar year in which the Distribution occurs discusses compensation programs of RemainCo, it shall substantially conform such discussion to RemainCo’s proxy statement and/or Form 10-K for the applicable period; and (ii) RemainCo’s 2026 proxy statement or Form 10-K for the fiscal year ended December 31 of the calendar year in which the Distribution occurs discusses compensation programs of ElectronicsCo, it shall substantially conform such discussion to ElectronicsCo’s proxy statement and/or Form 10-K for the applicable period. Nothing in this Section 5.1 shall require any Party to violate any agreement with any third party regarding the confidentiality of confidential and proprietary Information relating to that third party or its business; provided, however, that in the event that a Party is required under this Section 5.1 to disclose any such Information, such Party shall use commercially reasonable efforts to seek to obtain such third party’s written consent to the disclosure of such Information.
Appears in 2 contracts
Sources: Separation and Distribution Agreement (DuPont De Nemours, Inc.), Separation and Distribution Agreement (Qnity Electronics, Inc.)
Compensation Programs. to the extent (i) ElectronicsCoSpinCo’s 2026 proxy statement or Form 10-K for the fiscal year ended December 31 of the calendar year in which the Distribution occurs discusses compensation programs of RemainCo, it shall substantially conform such discussion to RemainCo’s proxy statement and/or Form 10-K for the applicable period; and (ii) RemainCo’s 2026 proxy statement or Form 10-K for the fiscal year ended December 31 of the calendar year in which the Distribution occurs discusses compensation programs of ElectronicsCoSpinCo, it shall substantially conform such discussion to ElectronicsCoSpinCo’s proxy statement and/or Form 10-K for the applicable period. Nothing in this Section 5.1 shall require any Party to violate any agreement Contract with any third party regarding the confidentiality of confidential and proprietary Information relating to that third party or its business; provided, however, that in the event that a Party is required under this Section 5.1 to disclose any such Information, such Party shall use commercially reasonable efforts to seek to obtain such third party’s written consent to the disclosure of such Information.
Appears in 2 contracts
Sources: Separation and Distribution Agreement (Solstice Advanced Materials Inc.), Separation and Distribution Agreement (Solstice Advanced Materials, LLC)
Compensation Programs. to To the extent (i) ElectronicsCoAerospace’s 2026 2027 proxy statement or Form 10-K for the fiscal year ended December 31 of the calendar year in which the Distribution occurs discusses compensation programs of RemainCoAutomation, it shall substantially conform such discussion to RemainCoAutomation’s proxy statement and/or Form 10-K for the applicable period; and (ii) RemainCoAutomation’s 2026 2027 proxy statement or Form 10-K for the fiscal year ended December 31 of the calendar year in which the Distribution occurs discusses compensation programs of ElectronicsCoAerospace, it shall substantially conform such discussion to ElectronicsCoAerospace’s proxy statement and/or Form 10-K for the applicable period. Nothing in this Section 5.1 shall require any Party to violate any agreement Contract with any third party Third Party regarding the confidentiality of confidential and proprietary Information relating to that third party Third Party or its business; provided, however, that in the event that a Party is required under this Section 5.1 to disclose any such Information, such Party shall use commercially reasonable efforts to seek to obtain such third partyThird Party’s written consent to the disclosure of such Information.
Appears in 2 contracts
Sources: Separation and Distribution Agreement (Honeywell Aerospace Inc.), Separation and Distribution Agreement (Honeywell Aerospace Inc.)