Common use of Disclosure; Publicity Clause in Contracts

Disclosure; Publicity. (a) Not later than two business days after commencement of the Chapter 11 Cases, subject to the provisions set forth in Section 22(b) hereof, the Debtors shall either file with the Securities and Exchange Commission a Report on Form 8-K or disseminate a press release disclosing the existence of this Agreement and the terms hereof (including the schedules and exhibits hereto), with such redactions as may be requested by any Participating Noteholder’s counsel solely with respect to maintaining the confidentiality of the items identified in Section 22(b) hereof, except as otherwise required by law. In the event that the Debtors fail, in the reasonable judgment of a Participating Noteholder, to make the foregoing disclosures in compliance with the terms specified herein, any such Participating Noteholder may publicly disclose the foregoing, including, without limitation, this Agreement and all of its exhibits and schedules (subject to the redactions called for by Section 13 hereof), and the Company hereby waives any claims against the Consenting Holders arising as a result of such disclosure by a Consenting Holder; provided that such disclosure fully complies with this Agreement and any other applicable agreement among the parties.

Disclosure; Publicity. (a) Not later than two one business days day after commencement of the Chapter 11 Cases, subject to the provisions set forth in Section 22(b9(b) hereof, the Debtors Company shall either file with the Securities and Exchange Commission a Report on Form 8-K or disseminate a press release disclosing the existence of this Agreement and the terms hereof (including the schedules and exhibits hereto), with such redactions as may be requested by any Participating NoteholderConsenting Holder’s counsel solely with respect to maintaining maintain the confidentiality of the items identified in Section 22(b9(b) hereof, except as otherwise required by law. In the event that the Debtors failCompany fails, in the reasonable judgment of a Participating NoteholderConsenting Holder, to make the foregoing disclosures in compliance with the terms specified herein, any such Participating Noteholder Consenting Holder may publicly disclose the foregoing, including, without limitation, this Agreement and all of its exhibits and schedules (subject to the redactions called for by Section 13 11 hereof), and the Company hereby waives any claims against the Consenting Holders arising as a result of such disclosure by a Consenting Holder; provided that such disclosure fully complies Holder in compliance with this Agreement and any other applicable agreement among the partiesAgreement.

Disclosure; Publicity. (a) Not later than two one business days day after commencement of the Chapter 11 Cases, subject to the provisions set forth in Section 22(b9(b) hereof, the Debtors Company shall either file with the Securities and Exchange Commission a Report on Form 8-K or and disseminate a press release disclosing the existence of this Agreement and the terms hereof hereof, and the Plan (including the any schedules and exhibits hereto), thereto that are filed with the Bankruptcy Court on the date the Chapter 11 Cases are commenced) with such redactions as may be reasonably requested by any Participating NoteholderConsenting Holder’s counsel solely with respect to maintaining maintain the confidentiality of the items identified in Section 22(b9(b) hereof, except as otherwise required by law. In the event that the Debtors failCompany fails, in the reasonable judgment of a Participating NoteholderConsenting Holder, to make the foregoing disclosures in compliance with the terms specified herein, any such Participating Noteholder Consenting Holder may publicly disclose the foregoing, including, without limitation, this Agreement and all of its exhibits and schedules (subject to the redactions called for by Section 13 11 hereof), and the Company hereby waives any claims against the Consenting Holders arising as a result of such disclosure by a Consenting Holder; provided that such disclosure fully complies Holder in compliance with this Agreement and any other applicable agreement among the partiesAgreement.

Disclosure; Publicity. (a) Not later than two business days the earlier of four (4) Business Days after execution of this Agreement and one (1) Business Day after commencement of the Chapter 11 CasesExchange Offer, subject to the provisions set forth in Section 22(b9(b) hereof, the Debtors Company shall either file with the Securities and Exchange Commission a Current Report on Form 8-K or and disseminate a press release disclosing the existence of this Agreement and the terms hereof (including the schedules and exhibits hereto)hereof, with such redactions as may be requested by any Participating NoteholderConsenting Holder’s counsel solely with respect to maintaining maintain the confidentiality of the items identified in Section 22(b9(b) hereof, except as otherwise required by law. In the event that the Debtors failCompany fails, in the reasonable judgment of a Participating NoteholderConsenting Holder, to make the foregoing disclosures in compliance with the terms specified herein, any such Participating Noteholder Consenting Holder may publicly disclose the foregoing, including, without limitation, this Agreement and all of its exhibits and schedules (subject to the redactions called for by this Section 13 9(a) or Section 11 hereof), and the Company hereby waives any claims against the Consenting Holders arising as a result of such disclosure by a Consenting Holder; provided that such disclosure fully complies Holder in compliance with this Agreement and any other applicable agreement among the partiesAgreement.