Confidentiality; Access to Information. (a) The parties acknowledge that the Company and Parent have previously executed the mutual non-disclosure agreement, dated as of February 9, 2007 (the “Confidentiality Agreement”). Unless otherwise required by law or regulation (including Nasdaq rules) or pursuant to the terms and provisions of the Confidentiality Agreement, the parties will hold any information which is non-public in confidence in accordance with the terms of the Confidentiality Agreement and, in the event this Agreement is terminated for any reason, the parties shall promptly return or destroy such information in accordance with the Confidentiality Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (US BioEnergy CORP), Agreement and Plan of Merger (Millennium Ethanol, LLC)
Confidentiality; Access to Information. (a) The parties acknowledge that the Company and Parent have previously executed the mutual non-disclosure agreement, dated as of February 9, 2007 (the “Confidentiality Agreement”). Unless otherwise required by law or regulation (including Nasdaq rules) or pursuant to the terms and provisions of the Confidentiality Agreement, Parent and the parties Purchaser will hold any information which is non-public in confidence in accordance with the terms of the Confidentiality Agreement and, in the event this Agreement is terminated for any reason, Parent or the parties Purchaser shall promptly return or destroy such information in accordance with the Confidentiality Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Openwave Systems Inc), Agreement and Plan of Merger (Signalsoft Corp)
Confidentiality; Access to Information. (a) The parties acknowledge that the Company and Parent have previously executed the mutual non-disclosure agreement, dated as of February 9, 2007 (the “Confidentiality Agreement”). Unless otherwise required by law or regulation (including Nasdaq rules) or pursuant to the terms and provisions of the Confidentiality Agreement, the parties will hold any information which is non-public in confidence in accordance with the terms of the Confidentiality Agreement and, in the event this Agreement is terminated for any reason, the parties shall promptly return or destroy such information in accordance with the Confidentiality Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Yahoo Inc), Agreement and Plan of Merger (Inktomi Corp)
Confidentiality; Access to Information. (a) The parties acknowledge that the Company and Parent have previously executed the mutual non-disclosure agreement, dated as of February 9, 2007 (the “Confidentiality Agreement”). Unless otherwise required by law or regulation (including Nasdaq rules) or pursuant to the terms and provisions of the Confidentiality Agreement, Parent and the parties Purchaser will hold any information which is non-public in confidence in accordance with the terms of the Confidentiality Agreement and, in the event this Agreement is terminated for any reason, Parent or the parties Purchaser shall promptly return or destroy such information in accordance with the Confidentiality Agreement.
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