Common use of Existing Discussions Clause in Contracts

Existing Discussions. The Debtor (i) agrees, that as of the date hereof, it has ceased and caused to be terminated any activities, solicitations, discussions and negotiations with any Person (other than QCP and ProMedica, and their Subsidiaries) conducted prior to the date hereof with respect to any Acquisition Proposal, or proposal that would reasonably be expected to lead to an Acquisition Proposal (including access to any physical or electronic data rooms) and (ii) shall promptly (but in any event within twenty-four hours of the execution and delivery of this Agreement) (A) deliver a written notice to each such Person providing only that the Debtor is ending all discussions and negotiations with such Person with respect to any Acquisition Proposal, or proposal or transaction that would reasonably be expected to lead to an Acquisition Proposal and is requesting the prompt return or destruction of all confidential information concerning the Debtor and any of its Subsidiaries and (B) if applicable, terminate any physical and electronic data or other diligence access previously granted to such Persons.

Existing Discussions. The Debtor Company (i) agrees, that as of the date hereofexecution and delivery of this Agreement, it has ceased shall, and caused shall cause its Subsidiaries and Representatives to, immediately cease and cause to be terminated any activities, solicitations, discussions and negotiations with any Person (other than QCP and ProMedica, and their Subsidiaries) conducted prior to the date hereof execution and delivery of this Agreement with respect to an Acquisition Proposal or any Acquisition Proposalinquiry, proposal or proposal offer that would reasonably be expected to lead to an Acquisition Proposal (including access to any physical or electronic data rooms) and (ii) shall promptly (but in any event within twentyforty-four eight hours of the execution and delivery of this Agreement) ): (A) deliver a written notice to each such Person providing only that the Debtor Company (1) is ending all discussions and negotiations with such Person with respect to an Acquisition Proposal or any Acquisition Proposalinquiry, or proposal or transaction offer that would reasonably be expected to lead to an Acquisition Proposal and (2) if such Person has executed a confidentiality agreement in connection therewith, is requesting the prompt return or destruction of all confidential information concerning the Debtor Company and any of its Subsidiaries Subsidiaries, subject to the terms and conditions of such confidentiality agreement; and (B) if applicable, terminate any physical and electronic data or other diligence access previously granted to such Persons.

Existing Discussions. The Debtor Company (i) agrees, that as of the date hereof, it has ceased shall immediately cease and caused cause to be terminated any activities, solicitations, discussions and negotiations with any Person (other than QCP and ProMedica, and their Subsidiaries) conducted within twelve months prior to the date hereof of this Agreement with respect to an Acquisition Proposal or any Acquisition Proposalinquiry, proposal or proposal offer that would reasonably be expected likely to lead to an Acquisition Proposal (including access to any physical or electronic data rooms) and (ii) shall promptly (but in any event within twenty-four hours five Business Days of the execution and delivery of this Agreement) ): (A) deliver a written notice to each such Person providing only that the Debtor Company (1) is ending all activities, discussions and negotiations with such Person with respect to an Acquisition Proposal or any Acquisition Proposalinquiry, or proposal or transaction offer that would reasonably be expected to could lead to an Acquisition Proposal and (2) is requesting the prompt return or destruction of all confidential information concerning the Debtor Company and any of its Subsidiaries Subsidiaries; and (B) if applicable, terminate any physical and electronic data or other diligence access previously granted to such Persons; provided that the Company shall have no obligation to deliver such notice to any Person with whom the Company is not conducting discussions or negotiations on the date of the execution and delivery of this Agreement and from whom the Company has already requested the prompt return or destruction of confidential information and, if applicable, terminated such access.