Common use of Confidentiality and Publicity Clause in Contracts

Confidentiality and Publicity. Borrower agrees, and agrees to cause each of its Affiliates, (i) not to transmit or disclose provisions of any Loan Documents to any Person (other than to Borrower’s advisors and officers on a need-to-know basis) without Lender’s prior written consent, which may be withheld in its sole discretion, and (ii) to inform all such Persons of the confidential nature of the Loan Documents and to direct them not to disclose the same to any other Person and to require each of them to be bound by these provisions. Lender reserves the right to review and approve all materials that Borrower or any of its Affiliates prepares that contain Lender’s name or describe or refer to any Loan Document, any of the terms thereof or any of the transactions contemplated thereby. Borrower shall not, and shall not permit any of its Affiliates to, use Lender’s name (or the name of any of Lender’s Affiliates) in connection with any of its business operations. Nothing contained in any Loan Documents is intended to permit or authorize Borrower or any of its Affiliates to contract on behalf of Lender. Further, Borrower hereby agrees that Lender or any Affiliate of Lender may (i) disclose a general description of transactions arising under the Loan Documents for advertising, marketing or other similar purposes to the extent such information is publicly available and, if not publicly available, with Borrower’s prior approval and (ii) use Borrower’s or any Guarantor’s name, logo or other indicia germane to such party in connection with such advertising, marketing or other similar purposes.

Appears in 2 contracts

Samples: Credit and Security Agreement (Selway Capital Acquisition Corp.), Credit and Security Agreement (Hooper Holmes Inc)

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Confidentiality and Publicity. Borrower Except to the extent required by ----------------------------- applicable laws or regulations, each Loan Party agrees, and agrees to cause each of its Affiliates, (i) not to transmit or disclose provisions any provision of any Loan Documents Purchase Document to any Person (other than to Borrower’s its advisors and officers on a need-to-know basis) without Lender’s the Agent's prior written consent, which may be withheld in its sole discretion, consent and (ii) to inform all such Persons of the confidential nature of the Loan Purchase Documents and to direct them not to disclose the same to any other Person and to require each of them to be bound by these provisions; provided that, to any such disclosure required to the SEC, the Loan Party agrees to request and use its best efforts to obtain confidential treatment of such information to the extent permitted by applicable law. Lender The Agent and each Purchaser reserves the right to review and approve all materials that Borrower any Loan Party or any of its their Affiliates prepares that contain Lender’s such Purchaser's name or describe or refer to any Loan Purchase Document, any of the terms thereof or any of the transactions contemplated thereby. Borrower No Loan Party shall, or shall not, and shall not permit any of its Affiliates to, use Lender’s the Agent's or any Purchaser's name (or the name of any of Lender’s the Agent's or such Purchaser's Affiliates) in connection with any of its business operations; provided that the Loan Parties may disclose the Purchaser's name and the aggregate principal amount of the Notes outstanding to prospective purchasers of debt or equity securities of a Loan Party so long as the Loan Party informs such prospective purchasers of the confidential nature of such information and directs them not to disclose the same to any other Person. Nothing contained in any Loan Documents Purchase Document is intended to permit or authorize Borrower any Loan Party or any of its their Affiliates to contract on behalf of Lender. Further, Borrower hereby agrees that Lender the Agent or any Affiliate of Lender may (i) disclose a general description of transactions arising under the Loan Documents for advertising, marketing or other similar purposes to the extent such information is publicly available and, if not publicly available, with Borrower’s prior approval and (ii) use Borrower’s or any Guarantor’s name, logo or other indicia germane to such party in connection with such advertising, marketing or other similar purposesPurchaser.

Appears in 1 contract

Samples: Note and Equity Purchase Agreement (Encore Medical Corp)

Confidentiality and Publicity. (a) Borrower agrees, and agrees to cause each of its Affiliates, (i) not to transmit or disclose provisions provision of any Loan Documents Document to any Person (other than to Borrower’s advisors and officers on a need-to-know basis) without Lender’s prior written consent, which may be withheld in its sole discretion, and (ii) to inform all such Persons of the confidential nature of the Loan Documents and to direct them not to disclose the same to any other Person and to require each of them to be bound by these provisions; provided, however, that Lender acknowledges that Borrower intends to file a copy of this Agreement as an exhibit to its periodic reports and will be required to refer to certain material provisions of the Loan Documents in its SEC filings from time to time, and no consent of Lender is required in connection with these disclosures (the “SEC Disclosures”). Lender reserves the right to review and approve all materials that Borrower or any of its Affiliates prepares that contain Lender’s name or describe or refer to any Loan Document, any of the terms thereof or any of the transactions contemplated thereby, other than the SEC Disclosures. Borrower shall not, and shall not permit any of its Affiliates to, use Lender’s name (or the name of any of Lender’s Affiliates) in connection with any of its business operations, other than the SEC Disclosures. Nothing contained in any Loan Documents Document is intended to permit or authorize Borrower or any of its Affiliates to contract on behalf of Lender. Further, Borrower hereby agrees that Lender or any Affiliate of Lender may (i) disclose a general description of transactions arising under the Loan Documents for advertising, marketing or other similar purposes to the extent such information is publicly available and, if not publicly available, with Borrower’s prior approval and (ii) use Borrower’s or any Guarantor’s name, logo or other indicia germane to such party in connection with such advertising, marketing or other similar purposes.

Appears in 1 contract

Samples: Revolving Credit and Security Agreement (Women First Healthcare Inc)

Confidentiality and Publicity. Borrower agrees(a) The Credit Parties agree, and agrees agree to cause each of its Affiliates, (i) except to the extent required by applicable law or regulations (in which case each Credit Party shall, and shall cause its Affiliates to, use its best efforts to obtain confidential treatment of such information), not to transmit or disclose provisions any provision of any Loan Documents Document to any Person (other than to Borrowersuch Credit Party’s advisors directors, advisors, counsel, accountants and officers on a need-to-know basis) ), in any such case without LenderAgent’s prior written consent, which may be withheld in its sole discretion, and (ii) to inform all such Persons of the confidential nature of the Loan Documents and to direct them not to disclose the same to any other Person and to require each of them to be bound by these provisions. Agent and each Lender reserves reserve the right to review and approve all materials that Borrower the Credit Parties or any of its their Affiliates prepares prepare that contain Agent’s or such Lender’s name or describe or refer to any Loan Document, any of the terms thereof or any of the transactions contemplated thereby. Borrower The Credit Parties shall not, and shall not permit any of its their Affiliates to, use either Agent’s or any Lender’s name (or the name of any of Agent’s or any Lender’s Affiliates) in connection with any of its business operationsBusiness; provided, that Borrower may disclose the Lenders’ names, the aggregate principal amount of the Loans outstanding and other principal terms of such Loans to (x) its shareholders and other equity owners and prospective purchasers of debt or equity securities of Borrower and (y) Governmental Authorities regulating the Business in accordance with applicable legal requirements. Nothing contained in any Loan Documents Document is intended to permit or authorize Borrower any Credit Party or any of its Affiliates to contract on behalf of Lender. Further, Borrower hereby agrees that Lender Agent or any Affiliate of Lender may (i) disclose a general description of transactions arising under the Loan Documents for advertising, marketing or other similar purposes to the extent such information is publicly available and, if not publicly available, with Borrower’s prior approval and (ii) use Borrower’s or any Guarantor’s name, logo or other indicia germane to such party in connection with such advertising, marketing or other similar purposesLender.

Appears in 1 contract

Samples: Credit Agreement (Adam Inc)

Confidentiality and Publicity. Borrower Except as required pursuant to applicable Law or the regulations or requirements of any stock exchange or other regulatory organization with whose rules a party hereto is required to comply, each party hereto agrees, and agrees to cause each of its Affiliates, (i) not to transmit or disclose provisions provision of any Loan Documents Document to any Person (other than to Borrower’s it's agents, advisors and officers on a need-to-know basisbasis and any potential Transferee of Lender) without Lender’s 's prior written consent, which may be withheld in its sole discretion, and (ii) to inform all such Persons of the confidential nature of the Loan Documents and to direct them not to disclose the same to any other Person and to require each of them to be bound by these provisions. Lender reserves the right to review and approve all materials that Borrower or any of its Affiliates prepares that contain Lender’s 's name or describe or refer to any Loan Document, any of the terms thereof or any of the transactions contemplated thereby. Borrower shall not, and shall not permit any of its Affiliates to, use Lender’s 's name (or the name of any of Lender’s 's Affiliates) in connection with any of its business operations. Nothing contained in any Loan Documents Document is intended to permit or authorize Borrower such Loan Parties or any of its Affiliates to contract on behalf of Lender. Further, Borrower hereby agrees that Lender or any Affiliate of Lender may (i) disclose a general description of transactions arising under the Loan Documents for advertising, marketing or other similar purposes to the extent such information is publicly available and, if not publicly available, with Borrower’s prior approval and (ii) use Borrower’s 's or any Guarantor’s 's name, logo or other indicia germane to such party in connection with such advertising, marketing or other similar purposes.

Appears in 1 contract

Samples: Loan and Security Agreement (Coast Dental Services Inc)

Confidentiality and Publicity. Each Borrower and Guarantor agrees, and agrees to cause each of its Subsidiaries and Affiliates, (i) not to transmit or disclose provisions provision of any Loan Documents Document to any Person (other than to Borrower’s 's and Guarantor's advisors and officers on a need-to-know basis) without Lender’s 's prior written consent, which may be withheld in its sole discretion, and (ii) to inform all such Persons of the confidential nature of the Loan Documents and to direct them not to disclose the same to any other Person and to require each of them to be bound by these provisions. Lender reserves the right to review and approve all materials that any Borrower or Guarantor or any of its or Subsidiaries or Affiliates prepares that contain Lender’s 's name or describe or refer to any Loan Document, any of the terms thereof or any of the transactions contemplated thereby. No Borrower shall notor Guarantor shall, and shall not permit any of its Subsidiaries or Affiliates to, use Lender’s 's name (or the name of any of 157 Lender’s 's Affiliates) in connection with any of its business operations. Nothing contained in any Loan Documents Document is intended to permit or authorize any Borrower or Guarantor or any of its Subsidiaries or Affiliates to contract on behalf of Lender. Further, each Borrower and Guarantor hereby agrees that Lender or any Affiliate of Lender may (i) disclose a general description of transactions arising under the Loan Documents for advertising, marketing or other similar purposes to the extent such information is publicly available and, if not publicly available, with Borrower’s prior approval and (ii) use any Borrower’s 's, any Guarantor's or any Guarantor’s Subsidiary's name, logo or other indicia germane to such party in connection with such advertising, marketing or other similar purposes.

Appears in 1 contract

Samples: Term Loan and Security Agreement (PHC Inc /Ma/)

Confidentiality and Publicity. Each Borrower and Guarantor agrees, and agrees to cause each of its Subsidiaries and Affiliates, (i) not to transmit or disclose provisions provision of any Loan Documents Document to any Person (other than to Borrower’s 's and Guarantor's advisors and officers on a need-to-know basis) without Lender’s 's prior written consent, which may be withheld in its sole discretion, and (ii) to inform all such Persons of the confidential nature of the Loan Documents and to direct them not to disclose the same to any other Person and to require each of them to be bound by these provisions. Lender reserves the right to review and approve all materials that any Borrower or Guarantor or any of its or Subsidiaries or Affiliates prepares that contain Lender’s 's name or describe or refer to any Loan Document, any of the terms thereof or any of the transactions contemplated thereby. No Borrower shall notor Guarantor shall, and shall not permit any of its Subsidiaries or Affiliates to, use Lender’s 's name (or the name of any of Lender’s 's Affiliates) in connection with any of its business operations. Nothing contained in any Loan Documents Document is intended to permit or authorize any Borrower or Guarantor or any of its Subsidiaries or Affiliates to contract on behalf of Lender. Further, each Borrower and Guarantor hereby agrees that Lender or any Affiliate of Lender may (i) disclose a general description of transactions arising under the Loan Documents for advertising, marketing or other similar purposes to the extent such information is publicly available and, if not publicly available, with Borrower’s prior approval and (ii) use any Borrower’s 's, any Guarantor's or any Guarantor’s Subsidiary's name, logo or other indicia germane to such party in connection with such advertising, marketing or other similar purposes.

Appears in 1 contract

Samples: Credit, Term Loan and Security Agreement (PHC Inc /Ma/)

Confidentiality and Publicity. Borrower agrees, (a) Agent and agrees to cause each of its Affiliates, (i) not to transmit or disclose provisions of any Loan Documents to any Person (other than to Borrower’s advisors and officers on a need-to-know basis) without Lender’s prior written consent, which may be withheld in its sole discretion, and (ii) to inform all such Persons of the confidential nature of the Loan Documents and to direct them not to disclose the same to any other Person and to require each of them to be bound by these provisions. Lender reserves reserve the right to review and approve all materials that Borrower the Credit Parties or any of its their Affiliates prepares prepare that contain Agent's or such Lender’s 's name or describe or refer to any Loan Document, any of the terms thereof or any of the transactions contemplated thereby, which approval shall not be unreasonably withheld or delayed. Borrower The Credit Parties shall not, and shall not permit any of its their Affiliates to, use either Agent's or any Lender’s 's name (or the name of any of Lender’s Agent's or any Lenders' Affiliates) in connection with any of its business operations. , provided, that Borrowers may disclose the Lenders' names, the aggregate principal amount of the Loans outstanding and other principal terms of such Loans to (x) prospective purchasers of debt or equity securities of Borrowers (other than Parent) so long as such Borrowers inform such prospective purchasers of the confidential nature of such information and such Persons agree in writing not to disclose the same to any other Person and to be bound by the confidentiality provisions of this Agreement, (y) Governmental Authorities regulating the Business in accordance with applicable legal requirements and (z) any other Person to which such disclosure may be necessary in response to any court order, subpoena or other legal process or formal investigative demand.. Nothing contained in any Loan Documents Document is intended to permit or authorize Borrower any Credit Party or any of its Affiliates to contract on behalf of Agent or any Lender. Further, Borrower hereby agrees The Credit Parties agree that Lender Agent or any Affiliate of Lender Agent may (i) disclose a general description of transactions arising under the Loan Documents for advertising, marketing or other similar purposes to the extent such information is publicly available andpurposes, if not publicly available, with Borrower’s prior approval and (ii) use Borrower’s or any Guarantor’s Credit Party's name, logo or other indicia germane to such party in connection with such advertising, marketing or other similar purposes, provided Agent or Affiliate delivers a copy of such materials to Parent at least five (5) Business Days prior to its initial publication and Parent does not object to such materials prior to the publication date.

Appears in 1 contract

Samples: Loan and Security Agreement (Corrpro Companies Inc /Oh/)

Confidentiality and Publicity. Borrower agreesExcept to the extent disclosure is required by applicable law, Agent and agrees to cause each of its Affiliates, (i) not to transmit or disclose provisions of any Loan Documents to any Person (other than to Borrower’s advisors and officers on a need-to-know basis) without Lender’s prior written consent, which may be withheld in its sole discretion, and (ii) to inform all such Persons of the confidential nature of the Loan Documents and to direct them not to disclose the same to any other Person and to require each of them to be bound by these provisions. Lender reserves reserve the right to review and approve all materials that Borrower or any of its Affiliates affiliates prepares that contain Agent's or such Lender’s 's name or describe or refer to any Loan Document, any of the terms thereof or any of the transactions contemplated thereby. Except to the extent disclosure is required by applicable law, Borrower shall not, and shall not permit any of its Affiliates affiliates to, use either Agent's or any Lender’s 's name (or the name of any of Agent's or any Lender’s Affiliates's affiliates) in connection with any of its business operations, provided, that Borrower may disclose the Lender's name, the aggregate principal amount of the Loans outstanding and other principal terms of such Loans to its shareholders and prospective purchasers of debt or equity securities of Borrower so long as Borrower informs such prospective purchasers of the confidential nature of such information and such Persons agree in writing not to disclose the same to any other Person and to be bound by the confidentiality provisions of this Agreement. Nothing contained in any Loan Documents Document is intended to permit or authorize Borrower or any of its Affiliates affiliates to contract on behalf of Agent or any Lender. Further, the Borrower hereby agrees that Lender Agent or any Affiliate affiliate of Lender Agent may (i) disclose a general description of transactions arising under the Loan Documents for advertising, marketing or other similar purposes to the extent such information is publicly available andpurposes, if not publicly available, with Borrower’s prior approval and (ii) use any Borrower’s 's or any Guarantor’s 's name, logo or other indicia germane to such party in connection with such advertising, marketing or other similar purposes.

Appears in 1 contract

Samples: Loan and Security Agreement (Acorn Products Inc)

Confidentiality and Publicity. (a) Borrower agrees, and agrees to cause each of its Affiliates, (i) not to transmit or disclose provisions of any Loan Documents Document to any Person (other than to Borrower’s advisors accountants, attorneys, other advisors, directors, officers and officers employees on a need-to-know basisbasis or as otherwise may be required by law) without Lender’s prior written consent, which may be withheld in its sole discretion, and (ii) to inform all such Persons of the confidential nature of the Loan Documents and to direct them not to disclose the same to any other Person and to require each of them to be bound by these provisions. Borrower agrees to submit to Lender and Lender reserves the right to review and approve all materials that Borrower or any of its Affiliates prepares (other than for internal use or use by Borrower’s attorneys, accountants, or other advisers) that contain Lender’s name or describe or refer to any Loan Document, any of the terms thereof or any of the transactions contemplated thereby. Borrower shall not, and shall not permit any of its Affiliates to, use Lender’s name (or the name of any of Lender’s Affiliates) in connection with any of its business operations, including without limitation, advertising, marketing or press releases or such other similar purposes, without Lender’s prior written consent, provided however, such restriction shall not apply to Derma’s periodic reports which are required to be filed with the Securities and Exchange Commission. Nothing contained in any Loan Documents Document is intended to permit or authorize Borrower or any of its Affiliates to contract on behalf of Lender. Further, Borrower hereby agrees that Lender or any Affiliate of Lender may (i) disclose a general description of transactions arising under the Loan Documents for advertising, marketing or other similar purposes to the extent such information is publicly available and, if not publicly available, with Borrower’s prior approval and (ii) use Borrower’s or any Guarantor’s name, logo or other indicia germane to such party in connection with such advertising, marketing or other similar purposes.

Appears in 1 contract

Samples: Revolving Credit and Security Agreement (Derma Sciences, Inc.)

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Confidentiality and Publicity. Borrower agrees, and agrees to cause each of its Affiliates, (i) not to transmit or disclose provisions provision of any Loan Documents Document to any Person (other than to Borrower’s advisors and officers on a need-to-know basisbasis or other than with respect to disclosures required in connection with Borrower’s public filings under applicable securities laws and regulations) without Lender’s prior written consent, which may be withheld in its sole discretion, and (ii) to inform all such Persons of the confidential nature of the Loan Documents and to direct them not to disclose the same to any other Person and to require each of them to be bound by these provisionsprovisions (unless disclosed in connection with Borrower’s public filings under applicable securities laws and regulations). Lender reserves the right to review and approve all materials that Borrower or any of its Affiliates prepares that contain Lender’s name or describe or refer to any Loan Document, any of the terms thereof or any of the transactions contemplated therebythereby except with respect to disclosures required in connection with Borrower’s public filings under applicable securities laws and regulations. Borrower shall not, and shall not permit any of its Affiliates to, use Lender’s name (or the name of any of Lender’s Affiliates) in connection with any of its business operations. Nothing contained in any Loan Documents Document is intended to permit or authorize Borrower or any of its Affiliates to contract on behalf of Lender. Further, Borrower hereby agrees that Lender or any Affiliate of Lender may (i) disclose a general description of transactions arising under the Loan Documents for advertising, marketing or other similar purposes to the extent such information is publicly available and, if not publicly available, with Borrower’s prior approval and (ii) use Borrower’s or any Guarantor’s name, logo or other indicia germane to such party in connection with such advertising, marketing or other similar purposes.

Appears in 1 contract

Samples: Revolving Credit, Term Loan and Security Agreement (Teltronics Inc)

Confidentiality and Publicity. Borrower agrees, and agrees to cause each of its Affiliates, (i) not to transmit or disclose provisions of any Loan Documents to any Person (other than to Borrower’s advisors and officers on a need-to-know basis) without Lender’s prior written consent, which may be withheld in its sole discretion, and (ii) to inform all such Persons of the confidential nature of the Loan Documents and to direct them not to disclose the same to any other Person and to require each of them to be bound by these provisions. Lender reserves the right to review and approve all materials that Borrower or any of its Affiliates prepares that contain Lender’s name or describe or refer to any Loan Document, any of the terms thereof or any of the transactions contemplated thereby. Borrower shall not, and shall not permit any of its Affiliates to, use Lender’s name (or the name of any of Lender’s Affiliates) in connection with any of its business operations. Nothing contained in any Loan Documents is intended to permit or authorize Borrower or any of its Affiliates to contract on behalf of Lender. Further, Borrower hereby agrees that Lender or any Affiliate of Lender may (i) disclose a general description of transactions arising under the Loan Documents for advertising, marketing or other similar purposes to the extent such information is publicly available and, if not publicly available, with Borrower’s Borrowers’ prior approval and (ii) use Borrower’s any Borrowers’ or any Guarantor’s name, logo or other indicia germane to such party in connection with such advertising, marketing or other similar purposes. Notwithstanding any of the foregoing, Lender acknowledges that Borrower and its Affiliates, may disclose such information concerning the transaction(s) as contemplated by this Agreement, including terms or provisions of any Loan Documents, as may be necessary to fully comply with all public reporting requirements as promulgated by the Securities and Exchange Commission including but not limited to any 8-K reports.

Appears in 1 contract

Samples: Credit and Security Agreement (ALKALINE WATER Co INC)

Confidentiality and Publicity. Borrower agreesBorrowers agree, and agrees agree to cause each of its their Affiliates, (i) not to transmit or disclose provisions of any Loan Documents to any Person (other than to Borrower’s Borrowers’ advisors and officers on a need-to-know basis) without Lender’s prior written consent, which may be withheld in its sole discretion, and (ii) to inform all such Persons of the confidential nature of the Loan Documents and to direct them not to disclose the same to any other Person and to require each of them to be bound by these provisions. Lender reserves the right to review and approve all materials that any Borrower or any of its Affiliates prepares that contain Lender’s name or describe or refer to any Loan Document, any of the terms thereof or any of the transactions contemplated thereby. Borrower Borrowers shall not, and shall not permit any of its their Affiliates to, use Lender’s name (or the name of any of Lender’s Affiliates) in connection with any of its their business operations. Nothing contained in any Loan Documents is intended to permit or authorize Borrower Borrowers or any of its their Affiliates to contract on behalf of Lender. Further, Borrower Borrowers hereby agrees agree that Lender or any Affiliate of Lender may (i) disclose a general description of transactions arising under the Loan Documents for advertising, marketing or other similar purposes to the extent such information is publicly available and, if not publicly available, with Borrower’s Borrowers’ prior approval and (ii) use Borrower’s or any Guarantor’s Borrowers’ name, logo or other indicia germane to such party in connection with such advertising, marketing or other similar purposes.

Appears in 1 contract

Samples: Credit and Security Agreement (Interpace Diagnostics Group, Inc.)

Confidentiality and Publicity. Borrower agrees, and agrees to cause each of its Affiliates, (i) not to transmit or disclose provisions provision of any Loan Documents Document to any Person (other than to Borrower’s advisors 's accountants, attorneys, other advisors, directors, officers and officers employees on a need-to-know basis) without Lender’s 's prior written consent, which may be withheld in its sole discretion, and (ii) to inform all such Persons of the confidential nature of the Loan Documents and to direct them not to disclose the same to any other Person and to require each of them to be bound by these provisions. Lender reserves the right to review and approve all materials that Borrower or any of its Affiliates prepares (other than for internal use or use by Borrower's attorneys, accountants, or other advisers) that contain Lender’s 's name or describe or refer to any Loan Document, any of the terms thereof or any of the transactions contemplated thereby. Borrower shall not, and shall not permit any of its Affiliates to, use Lender’s 's name (or the name of any of Lender’s 's Affiliates) in connection with any of its business operations. Nothing contained in any Loan Documents Document is intended to permit or authorize Borrower or any of its Affiliates to contract on behalf of Lender. Further, Borrower hereby agrees that Lender or any Affiliate of Lender may (i) disclose a general description of transactions arising under the Loan Documents for advertising, marketing or other similar purposes to the extent such information is publicly available and, if not publicly available, with Borrower’s prior approval and (ii) use Borrower’s 's or any Guarantor’s 's name, logo or other indicia germane to such party in connection with such advertising, marketing or other similar purposes.

Appears in 1 contract

Samples: Term Loan and Security Agreement (Derma Sciences Inc)

Confidentiality and Publicity. Borrower Except to the extent required by applicable laws or regulations, each Loan Party agrees, and agrees to cause each of its Affiliates, (i) not to transmit or disclose provisions any provision of any Loan Documents Purchase Document to any Person (other than to Borrower’s its advisors and officers on a need-to-know basis) without Lenderthe Agent’s prior written consent, which may be withheld in its sole discretion, consent and (ii) to inform all such Persons of the confidential nature of the Loan Purchase Documents and to direct them not to disclose the same to any other Person and to require each of them to be bound by these provisions; provided that, to any such disclosure required to the SEC, the Loan Party agrees to request and use its best efforts to obtain confidential treatment of such information to the extent permitted by applicable law. Lender The Agent and each Purchaser reserves the right to review and approve all materials that Borrower any Loan Party or any of its their Affiliates prepares that contain Lendersuch Purchaser’s name or describe or refer to any Loan Purchase Document, any of the terms thereof or any of the transactions contemplated thereby. Borrower No Loan Party shall, or shall not, and shall not permit any of its Affiliates to, use Lenderthe Agent’s or any Purchaser’s name (or the name of any of Lenderthe Agent’s or such Purchaser’s Affiliates) in connection with any of its business operations; provided that the Loan Parties may disclose the Purchaser’s name and the aggregate principal amount of the Notes outstanding to prospective purchasers of debt or equity securities of a Loan Party so long as the Loan Party informs such prospective purchasers of the confidential nature of such information and directs them not to disclose the same to any other Person. Nothing contained in any Loan Documents Purchase Document is intended to permit or authorize Borrower any Loan Party or any of its their Affiliates to contract on behalf of Lender. Further, Borrower hereby agrees that Lender the Agent or any Affiliate of Lender may (i) disclose a general description of transactions arising under the Loan Documents for advertising, marketing or other similar purposes to the extent such information is publicly available and, if not publicly available, with Borrower’s prior approval and (ii) use Borrower’s or any Guarantor’s name, logo or other indicia germane to such party in connection with such advertising, marketing or other similar purposesPurchaser.

Appears in 1 contract

Samples: Note and Equity Purchase Agreement (Encore Medical Corp)

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