Common use of Limitations on Disclosure Clause in Contracts

Limitations on Disclosure. The Company shall not, and the Company shall cause each of its Subsidiaries and each of its and their respective officers, directors, employees and agents not to, provide the Investor with any material, non-public information regarding the Company or any of its Subsidiaries from and after the filing of the Current Report with the SEC without the express prior written consent of the Investor (which may be granted or withheld in the Investor’s sole discretion). To the extent that the Company delivers any material, non-public information to the Investor without the Investor’s consent, the Company hereby covenants and agrees that the Investor shall not have any duty of confidentiality with respect to, or a duty not to trade on the basis of, such material, non-public information. Subject to the foregoing, neither the Company nor any of its Subsidiaries shall issue any press releases or any other public statements with respect to the transactions contemplated hereby; provided, however, the Company shall be entitled, without the prior approval of the Investor, to issue any press release or other public disclosure with respect to such transactions (i) in substantial conformity with the Current Report and contemporaneously therewith and (ii) as is required by applicable law and regulations (provided that in the case of clause (i) the Investor shall be consulted by the Company in connection with any such press release or other public disclosure prior to its release). Without the prior written consent of the Investor (which may be granted or withheld in the Investor’s sole discretion), the Company shall not (and shall cause each of its Subsidiaries and affiliates to not) disclose the name of the Investor in any filing, announcement, release or otherwise. Notwithstanding anything contained in this Agreement to the contrary and without implication that the contrary would otherwise be true, the Company expressly acknowledges and agrees that the Investor shall not have (unless expressly agreed to by the Investor after the date hereof in a written definitive and binding agreement executed by the Company and the Investor) any duty of confidentiality with respect to, or a duty not to trade on the basis of, any material, non-public information regarding the Company or any of its Subsidiaries.

Limitations on Disclosure. The Other than as required under the Transaction Documents (but subject to any other disclosure obligations of the Company with respect thereto), the Company shall not, and the Company shall cause each of its Subsidiaries and each of its and their respective officers, directors, employees and agents not to, provide the Investor Collateral Agent or any Holder with any material, non-public information regarding the Company or any of its Subsidiaries Affiliates from and after the filing Closing Date unless prior thereto Collateral Agent and/or such Holder shall have consented in writing to the receipt of the Current Report such information and agreed with the SEC without the express prior written consent of the Investor (which may be granted or withheld in the Investor’s sole discretion)Company to keep such information confidential. To the extent that the Company delivers any material, non-public information to the Investor a Holder without the InvestorCollateral Agent’s consentor such Xxxxxx’s prior written consent or confidentiality agreement, the Company hereby covenants and agrees that the Investor that, except as required by applicable law, neither Collateral Agent nor any Holder shall not have any duty of confidentiality with respect to, or a duty not to trade on the basis of, such material, non-public information. Subject to the foregoing, neither None of the Company or its Subsidiaries, Collateral Agent, nor any of its Subsidiaries Holder shall issue any press releases or any other public statements with respect to the transactions contemplated hereby; provided, however, the Company shall be entitled, without the prior approval of the Investor, entitled to issue any make a press release or other public disclosure with respect to such transactions with Collateral Agent’s prior written consent (iwhich consent shall not be unreasonably withheld, conditioned, or delayed) (A) in substantial conformity with the Current Report 8-K Filing and contemporaneously therewith and (iiB) as is required by applicable law and regulations (provided that in the case of clause (i) the Investor shall be consulted by the Company in connection with any such press release or other public disclosure prior to its release)regulations. Without the prior written consent of the Investor a Holder (which may be granted or withheld in the Investorsuch Xxxxxx’s sole discretion), the Company shall not (and shall cause each of its Subsidiaries and affiliates Affiliates to not) disclose the name of the Investor such Holder in any filing, announcement, release or otherwise. Notwithstanding anything contained , except in this Agreement to the contrary 8-K Filing and without implication that as otherwise in accordance with the contrary would otherwise be true, the Company expressly acknowledges and agrees that the Investor shall not have (unless expressly agreed to by the Investor after the date hereof in a written definitive and binding agreement executed by the Company and the Investor) any duty Requirements of confidentiality with respect to, or a duty not to trade on the basis of, any material, non-public information regarding the Company or any of its SubsidiariesLaw.

Limitations on Disclosure. The Company shall not, and the Company shall cause each of its Subsidiaries and each of its and their respective officers, directors, employees and agents not to, knowingly provide the Investor Buyer with any material, non-public information regarding the Company or any of its Subsidiaries from and after the filing of the Current Report with the SEC date hereof without the express prior written consent of the Investor Buyer (which may be granted or withheld in the InvestorBuyer’s sole discretion). To the extent that the Company delivers any material, non-public information to the Investor Buyer without the InvestorBuyer’s consent, the Company hereby covenants and agrees that the Investor Buyer shall not have any duty of confidentiality with respect to, or a duty not to trade on the basis of, such material, non-public information. Subject to the foregoing, neither the Company nor any of Company, its Subsidiaries nor the Buyer shall issue any press releases or any other public statements with respect to the transactions contemplated hereby; provided, however, the Company shall be entitled, without the prior approval of the InvestorBuyer, to issue make the Press Release and any press release or other public disclosure with respect to such transactions (i) in substantial conformity with the Current Report 8-K Filing and contemporaneously therewith and (ii) as is required by applicable law and regulations (provided that in the case of clause (i) the Investor Buyer shall be consulted by the Company in connection with any such press release or other public disclosure prior to its release). Without the prior written consent of the Investor applicable Buyer (which may be granted or withheld in the InvestorBuyer’s sole discretion), the Company shall not (and shall cause each of its Subsidiaries and affiliates directors, officers and agents to not) disclose the name of the Investor Buyer in any filing, announcement, release or otherwise, except as required by applicable law or regulation. Notwithstanding anything contained in this Agreement to the contrary and without implication that the contrary would otherwise be true, the Company expressly acknowledges and agrees that the Investor no Buyer shall not have (unless expressly agreed to by the Investor a particular Buyer after the date hereof in a written definitive and binding agreement executed by the Company and the Investor) such particular Buyer (it being understood and agreed that no Buyer may bind any other Buyer with respect thereto)), any duty of confidentiality with respect to, or a duty not to trade on the basis of, any material, non-public information regarding the Company or any of its Subsidiaries.

Limitations on Disclosure. The Company shall not, and the Company shall cause each of its Subsidiaries and each of its and their respective officers, directors, employees and agents not to, provide the Investor Buyer with any material, non-public information regarding the Company or any of its Subsidiaries from and after the filing of the Current Report with the SEC date hereof without the express prior written consent of the Investor Buyer (which may be granted or withheld in the InvestorBuyer’s sole discretion). To the extent that the Company delivers any material, non-public information to the Investor a Buyer without the InvestorBuyer’s consent, the Company hereby covenants and agrees that the Investor Buyer shall not have any duty of confidentiality with respect to, or a duty not to trade on the basis of, such material, non-public information. Execution Version Subject to the foregoing, neither the Company nor any of Company, its Subsidiaries nor the Buyer shall issue any press releases or any other public statements with respect to the transactions contemplated hereby; provided, however, the Company shall be entitled, without the prior approval of the InvestorBuyer, to issue make the Press Release and any press release or other public disclosure with respect to such transactions (i) in substantial conformity with the Current Report and contemporaneously therewith 8-K Filing and (ii) as is required by applicable law and regulations (provided that in the case of clause (i) the Investor shall be consulted by the Company in connection with any such press release or other public disclosure prior to its release)regulations. Without the prior written consent of the Investor applicable Buyer (which may be granted or withheld in the InvestorBuyer’s sole discretion), the Company shall not (and shall cause each of its Subsidiaries and affiliates to not) disclose the name of the Investor Buyer in any filing, announcement, release or otherwise, except as required by applicable law or regulation. Notwithstanding anything contained in this Agreement to the contrary and without implication that the contrary would otherwise be true, the Company expressly acknowledges and agrees that from the Investor issuance of the Press Release, no Buyer shall not have (unless expressly agreed to by the Investor Buyer after the date hereof in a written definitive and binding agreement executed by the Company and the InvestorBuyer) any duty of confidentiality with respect to, or a duty not to trade on the basis of, any material, non-public information regarding the Company or any of its Subsidiaries.

Limitations on Disclosure. The Company shall not, and the Company shall cause each of its Subsidiaries and each of its and their respective officers, directors, employees and agents not to, provide the Investor any Buyer with any material, non-public information regarding the Company or any of its Subsidiaries from and after the filing of the Current Report with the SEC date hereof without the express prior written consent of the Investor such Buyer (which may be granted or withheld in the Investorsuch Buyer’s sole discretion). To the extent that the Company delivers any material, non-public information to the Investor without the Investor’s consent, the Company hereby covenants and agrees that the Investor shall not have any duty of confidentiality with respect to, or a duty not to trade on the basis of, such material, non-public information. Subject to the foregoing, neither the Company Company, its Subsidiaries nor any of its Subsidiaries Buyer shall issue any press releases or any other public statements with respect to the transactions contemplated hereby; provided, however, the Company shall be entitled, without the prior approval of the Investorany Buyer, to issue make the Press Release and any press release or other public disclosure with respect to such transactions (i) in substantial conformity with the Current Report 8-K Filing and contemporaneously therewith and (ii) as is required by applicable law and regulations (provided that in the case of clause (i) the Investor each Buyer shall be consulted by the Company in connection with any such press release or other public disclosure prior to its release). Without the prior written consent of the Investor applicable Buyer (which may be granted or withheld in the Investorsuch Buyer’s sole discretion), the Company shall not (and shall cause each of its Subsidiaries and affiliates to not) disclose the name of the Investor such Buyer in any filing, announcement, release or otherwise. Notwithstanding anything contained in this Agreement to the contrary and without implication that the contrary would otherwise be true, the Company expressly acknowledges and agrees that the Investor no Buyer shall not have (unless expressly agreed to by the Investor a particular Buyer after the date hereof in a written definitive and binding agreement executed by the Company and the Investor) such particular Buyer (it being understood and agreed that no Buyer may bind any other Buyer with respect thereto)), any duty of confidentiality with respect to, or a duty not to trade on the basis of, any material, non-public information regarding the Company or any of its Subsidiaries.

Limitations on Disclosure. The Company shall not, and the Company shall cause each of its Subsidiaries and each of its and their respective officers, directors, employees and agents not to, provide the Investor Holder with any material, non-public information regarding the Company or any of its Subsidiaries from and after the filing of the Current Report with the SEC date hereof without the express prior written consent of the Investor Holder (which may be granted or withheld in the InvestorHolder’s sole discretion). To the extent that the Company delivers any material, non-public information to the Investor without the Investor’s consent, the Company hereby covenants and agrees that the Investor shall not have any duty of confidentiality with respect to, or a duty not to trade on the basis of, such material, non-public information. Subject to the foregoing, neither the Company nor any of Company, its Subsidiaries nor the Holder shall issue any press releases or any other public statements with respect to the transactions contemplated hereby; provided, however, the Company shall be entitled, without the prior approval of the InvestorHolder, to issue make the Press Release and any press release or other public disclosure with respect to such transactions (i) in substantial conformity with the Current Report 8-K Filing and contemporaneously therewith and (ii) as is required by applicable law and regulations (provided that in the case of clause (i) the Investor Holder shall be consulted by the Company in connection with any such press release or other public disclosure prior to its release). Without the prior written consent of the Investor Holder (which may be granted or withheld in the InvestorHolder’s sole discretion), the Company shall not (and shall cause each of its Subsidiaries and affiliates to not) disclose the name of the Investor Holder in any filing, announcement, release or otherwise. Notwithstanding anything contained in this Agreement to the contrary and without implication that the contrary would otherwise be true, the Company expressly acknowledges and agrees that the Investor Holder shall not have (unless expressly agreed to by the Investor Holder after the date hereof in a written definitive and binding agreement executed by the Company and the Investor) Holder), any duty of confidentiality with respect to, or a duty not to trade on the basis of, any material, non-public information regarding the Company or any of its Subsidiaries.

Limitations on Disclosure. The Company shall not, and the Company shall cause each of its Subsidiaries and each of its and their respective officers, directors, employees and agents not to, provide the Investor any Buyer with any material, non-public information regarding the Company or any of its Subsidiaries from and after the filing of the Current Report with the SEC date hereof without the express prior written consent of the Investor such Buyer (which may be granted or withheld in the Investorsuch Buyer’s sole discretion). To In the extent that event of a breach of any of this subsection (ii), by the Company, any of its Subsidiaries, or any of its or their respective officers, directors, employees and agents (as determined in the reasonable good faith judgment of such Buyer), in addition to any other remedy provided herein or in the Transaction Documents, upon such Buyer’s notification of breach, the Company delivers any shall make a public disclosure, in the form of a press release, public advertisement, Form 8-K or otherwise, of such material, non-public information to the Investor without the Investoras soon as practicable, but in no event later than one Trading Day after a Buyer’s consent, the Company hereby covenants and agrees that the Investor shall not have any duty of confidentiality with respect to, or a duty not to trade on the basis of, such material, non-public informationnotification. Subject to the foregoing, neither the Company Company, its Subsidiaries nor any of its Subsidiaries Buyer shall issue any press releases or any other public statements with respect to the transactions contemplated hereby; provided, however, the Company shall be entitled, without the prior approval of the Investorany Buyer, to issue make the Press Release and any press release or other public disclosure with respect to such transactions (i) in substantial conformity with the Current Report 8-K Filing and contemporaneously therewith and (ii) as is required by applicable law and regulations (provided that in the case of clause (i) the Investor each Buyer shall be consulted by the Company in connection with any such press release or other public disclosure prior to its release). Without the prior written consent of the Investor applicable Buyer (which may be granted or withheld in the Investorsuch Buyer’s sole discretion), the Company shall not (and shall cause each of its Subsidiaries and affiliates to not) disclose the name of the Investor such Buyer in any filing, announcement, release or otherwise. Notwithstanding anything contained in this Agreement to the contrary and without implication that the contrary would otherwise be true, the Company expressly acknowledges and agrees that the Investor no Buyer shall not have (unless expressly agreed to by the Investor a particular Buyer after the date hereof in a written definitive and binding agreement executed by the Company and the Investor) such particular Buyer (it being understood and agreed that no Buyer may bind any other Buyer with respect thereto)), any duty to the Company, its Subsidiaries or any of their respective officers, directors, employees or agents of confidentiality with respect to, or a duty to the Company, its Subsidiaries or any of their respective officers, directors, employees or agents not to trade on the basis of, any material, non-public information regarding the Company or any of its Subsidiaries.

Limitations on Disclosure. The Company shall not, and the Company shall cause each of its Subsidiaries Subsidiary and each of its and their respective officers, directors, employees and agents not to, provide the Investor with any material, non-public information regarding the Company or any of its Subsidiaries Subsidiary from and after the filing issuance of the Current Report with the SEC without the express prior written consent of the Investor (which may be granted or withheld in the Investor’s sole discretion). To the extent that the Company delivers any material, non-public information to the Investor without the Investor’s 's consent, the Company hereby covenants and agrees that the Investor shall not have any duty of confidentiality with respect to, or a duty not to trade on the basis of, such material, non-public information. Subject to the foregoing, neither the Company nor any of its Subsidiaries Subsidiary shall issue any press releases or any other public statements with respect to the transactions contemplated hereby; provided, however, the Company shall be entitled, without the prior approval of the Investor, to issue any press release or other public disclosure with respect to such transactions (i) in substantial conformity with the Current Report and contemporaneously therewith and (ii) as is required by applicable law and regulations (provided that in the case of clause (i) the Investor shall be consulted by the Company in connection with any such press release (or other public disclosure disclosure) prior to its releasethe Current Report). Without the prior written consent of the Investor (which may be granted or withheld in the Investor’s sole discretion), the Company shall not (and shall cause each of its Subsidiaries and affiliates to not) disclose the name of the Investor in any filing, announcement, release or otherwise. Notwithstanding anything contained in this Agreement to the contrary and without implication that the contrary would otherwise be true, the Company expressly acknowledges and agrees that that, following the filing of the Registration Statement, the Investor shall not have (unless expressly agreed to by the Investor after the date hereof in a written definitive and binding agreement executed by the Company and the Investor) any duty of confidentiality with respect to, or a duty not to trade on the basis of, any material, non-public information regarding the Company or any of its SubsidiariesSubsidiary.