Common use of Legally Compelled Disclosure Clause in Contracts

Legally Compelled Disclosure. In the event that any party is requested or becomes legally compelled (including without limitation, pursuant to securities laws and regulations) to disclose the existence of this Agreement, the Convertible Note Purchase Agreement, and the ROFR Agreement, and exhibits and schedules attached to such agreements, or any of the Financing Terms hereof in contravention of the provisions of this Section 10.11, such party (the “Disclosing Party”) shall provide the other parties (the “Non-Disclosing Parties”) with prompt written notice of that fact so that the appropriate party may seek (with the cooperation and reasonable efforts of the other parties) a protective order, confidential treatment or other appropriate remedy (provided that none of the parties shall seek a protective order for disclosures required under the securities laws). In such event, the Disclosing Party shall furnish only that portion of the information which is legally required and shall exercise reasonable efforts to obtain reliable assurance that confidential treatment will be accorded such information to the extent reasonably requested by any Non-Disclosing Party.

Legally Compelled Disclosure. In Except asset forth in Section 8.2 above, in the event that any party is requested or becomes legally compelled (including without limitation, pursuant to securities any applicable tax, securities, or other laws and regulationsregulations of any jurisdiction) to disclose the existence of this Agreement, the Convertible Note Purchase Agreement, and the ROFR Agreement, and exhibits and schedules attached to such agreements, or any of the Financing Terms hereof in contravention of the provisions of this Section 10.11Confidential Information, such party (the “Disclosing Party”) shall shall, to the extent legally permitted and reasonably possible, provide the other parties (the “Non-Disclosing Parties”) hereto with prompt written notice of that fact so that and consult with the appropriate party may seek (other parties hereto regarding such disclosure. At the request of the other parties, the Disclosing Party shall, to the extent reasonably possible and with the cooperation and reasonable efforts of the other parties) , seek a protective order, confidential treatment or other appropriate remedy (provided that none of the parties shall seek a protective order for disclosures required under the securities laws)remedy. In such any event, the Disclosing Party shall furnish only that portion of the information which that is legally required and shall exercise reasonable efforts to obtain reliable assurance that confidential treatment will be accorded to such information to the extent reasonably requested by any Non-Disclosing Party.information

Legally Compelled Disclosure. In the event that any party (other than the Investor) is requested or becomes legally compelled and/or as required under the listing rules of the NYSE (including without limitation, pursuant to securities any applicable tax, securities, or other laws and regulationsof any jurisdiction) to disclose the existence of this Agreement, the Convertible Note Purchase Agreement, and the ROFR Agreement, and exhibits and schedules attached any confidential information referred to such agreements, or any of the Financing Terms hereof in contravention of the provisions of this Section 10.114, such party (the “Disclosing Party”) shall to the extent permitted by law provide the other parties (the “Non-Disclosing Parties”) with prompt written notice of that fact so that and shall consult with the appropriate party may seek (other parties regarding such disclosure. At the request of the other party, the Disclosing Party shall, to the extent reasonably possible and with the cooperation and reasonable efforts of the other parties) , seek a protective order, confidential treatment or other appropriate remedy (provided that none of the parties shall seek a protective order for disclosures required under the securities laws)remedy. In such any event, the Disclosing Party shall furnish only that portion of the information which that is legally required and/or as required under the relevant listing rules and shall exercise reasonable efforts to obtain reliable assurance that confidential treatment will be accorded to such information to the extent reasonably requested by any Non-Disclosing Partyinformation.

Legally Compelled Disclosure. In Except as set forth in Section 7.1(ii) above, in the event that any party is requested or becomes legally compelled (including without limitation, pursuant to securities laws any applicable tax, securities, or other Laws and regulationsregulations of any jurisdiction) to disclose the existence of this Agreement, the Convertible Note Purchase Agreement, and the ROFR Agreement, and exhibits and schedules attached to such agreements, Agreement or content of any of the Financing Terms hereof in contravention of the provisions of this Section 10.11Terms, such party (the “Disclosing Party”) shall provide the other parties (the “Non-Disclosing Parties”) hereto with prompt written notice of that fact so that and shall consult with the appropriate party may seek (other parties hereto regarding such disclosure. At the request of the other party, the Disclosing Party shall, to the extent reasonably possible and with the cooperation and reasonable efforts of the other parties) , seek a protective order, confidential treatment or other appropriate remedy (provided that none of the parties shall seek a protective order for disclosures required under the securities laws)remedy. In such any event, the Disclosing Party shall furnish only that portion of the information which that is legally required and shall exercise reasonable efforts to obtain reliable assurance that confidential treatment will be accorded such information to the extent reasonably requested by any Non-Disclosing Partyinformation.

Legally Compelled Disclosure. In Except as set forth in Section 9.2 above, in the event that any party Party is requested or becomes legally compelled (including without limitation, pursuant to securities laws any applicable tax, securities, or other Laws and regulationsregulations of any jurisdiction) to disclose the existence of this Agreement, the Convertible Note Purchase Agreement, and the ROFR Agreement, and exhibits and schedules attached to such agreements, or any of the Financing Terms hereof in contravention of the provisions of this Section 10.11Confidential Information, such party (the “Disclosing Party”) shall shall, to the extent legally permitted and reasonably possible, provide the other parties (the “Non-Disclosing Parties”) hereto with prompt written notice of that fact so that and consult with the appropriate party may seek (other parties hereto regarding such disclosure. At the request of the other parties, the Disclosing Party shall, to the extent reasonably possible and with the cooperation and reasonable efforts of the other parties) , seek a protective order, confidential treatment or other appropriate remedy (provided that none of the parties shall seek a protective order for disclosures required under the securities laws)remedy. In such any event, the Disclosing Party shall furnish only that portion of the information which that is legally required and shall exercise reasonable efforts to obtain reliable assurance that confidential treatment will be accorded to such information to the extent reasonably requested by any Non-Disclosing Partyinformation.

Legally Compelled Disclosure. In the event that any party Party is requested or becomes legally compelled (including without limitation, pursuant to securities laws and regulations) to disclose the existence of this Agreement, Agreement or the Convertible Note Purchase Agreement, and the ROFR Agreement, and exhibits and schedules attached to such agreements, or content of any of the Financing Share Swap Terms hereof in contravention of the provisions of this Section 10.1110, such party Party (the “Disclosing Party”) shall provide the other parties (the “Non-Disclosing Parties”) Parties hereto with prompt written notice of that fact so and shall consult with the other Parties hereto regarding such disclosure, to the extent that such notice or consultation is legally permitted and practicable under the appropriate party may seek (circumstances. The Disclosing Party shall, to the extent possible and with the cooperation and reasonable efforts of the other parties) Parties, seek a protective order, confidential treatment or other appropriate remedy (provided that none of the parties shall seek a protective order for disclosures required under the securities laws)remedy. In such event, the Disclosing Party shall furnish only that portion of the information which is legally required and shall exercise reasonable efforts to obtain reliable assurance that confidential treatment will be accorded such information to the extent reasonably requested by any Non-Disclosing Partyinformation.

Legally Compelled Disclosure. In Except as set forth in Section 3.12(b) above, in the event that any party Party is requested or becomes legally compelled (including without limitation, pursuant to securities laws and any applicable tax, securities, other Laws of any jurisdiction, or any applicable stock exchange rules or regulations) to disclose the existence of this Agreement, the Convertible Note Purchase Agreement, and the ROFR Agreement, and exhibits and schedules attached to such agreements, Agreement or any of the Financing Terms hereof in contravention of the provisions of this Section 10.11Confidential Information, such party (the “Disclosing Party”) shall provide the other parties (the “Non-Disclosing Parties”) Parties hereto with prompt written notice of that fact so that and shall consult with the appropriate party may seek (other Parties hereto regarding such disclosure. At the request of any other Parties, the Disclosing Party shall, to the extent reasonably possible and with the cooperation and reasonable efforts of the other parties) Parties, seek a protective order, confidential treatment or other appropriate remedy (provided that none of the parties shall seek a protective order for disclosures required under the securities laws)remedy. In such any event, the Disclosing Party shall furnish only that portion of the information which that is legally required and shall exercise reasonable efforts to obtain reliable assurance that confidential treatment will be accorded such information to the extent reasonably requested by any Non-Disclosing Partyinformation.

Legally Compelled Disclosure. In Except as set forth in Section 7.2 above, in the event that any party is requested or becomes legally compelled (including without limitation, pursuant to securities laws any applicable tax, securities, or other Laws and regulationsregulations of any jurisdiction) to disclose the existence of this Agreement, the Convertible Note Purchase Agreement, and the ROFR Agreement, and exhibits and schedules attached to such agreements, Agreement or content of any of the Financing Terms hereof in contravention of the provisions of this Section 10.11Terms, such party (the “Disclosing Party”) shall provide the other parties (the “Non-Disclosing Parties”) hereto with prompt written notice of that fact so that and shall consult with the appropriate party may seek (other parties hereto regarding such disclosure. At the request of the other party, the Disclosing Party shall, to the extent reasonably possible and with the cooperation and reasonable efforts of the other parties) , seek a protective order, confidential treatment or other appropriate remedy (provided that none of the parties shall seek a protective order for disclosures required under the securities laws)remedy. In such any event, the Disclosing Party shall furnish only that portion of the information which that is legally required and shall exercise reasonable efforts to obtain reliable assurance that confidential treatment will be accorded such information to the extent reasonably requested by any Non-Disclosing Partyinformation.

Legally Compelled Disclosure. In Except as set forth in Section 7.6(b) above, in the event that any party Party is requested or becomes legally compelled (including without limitation, pursuant to securities laws and any applicable tax, securities, other Laws of any jurisdiction, or any applicable stock exchange rules or regulations) to disclose the existence of this Agreement, the Convertible Note Purchase Agreement, and the ROFR Agreement, and exhibits and schedules attached to such agreements, Agreement or any of the Financing Terms hereof in contravention of the provisions of this Section 10.11Confidential Information, such party (the “Disclosing Party”) shall provide the other parties (the “Non-Disclosing Parties”) Parties hereto with prompt written notice of that fact so that and shall consult with the appropriate party may seek (other Parties hereto regarding such disclosure. At the request of any other Parties, the Disclosing Party shall, to the extent reasonably possible and with the cooperation and reasonable efforts of the other parties) Parties, seek a protective order, confidential treatment or other appropriate remedy (provided that none of the parties shall seek a protective order for disclosures required under the securities laws)remedy. In such any event, the Disclosing Party shall furnish only that portion of the information which that is legally required and shall exercise reasonable efforts to obtain reliable assurance that confidential treatment will be accorded such information to the extent reasonably requested by any Non-Disclosing Partyinformation.