Common use of Made Available Clause in Contracts

Made Available. Any statement in the Agreement to the effect that any information, document or other material has been “Made Available” shall mean that: (a) with respect to information, document or other material Made Available by the Company: (i) (A) such information, document or material was made available by the Company for review by Parent or Parent’s Representatives for a reasonable period of time prior to the execution of the Agreement in the virtual data room maintained by the Company with IntraLinks in connection with the Contemplated Transactions contemplated (it being understood that a document that was only made available for review in the virtual data room in the two days prior to the execution of the Agreement shall only be deemed to have been made available for a reasonable period of time if the Company shall have promptly notified Parent or its outside legal counsel that such document was uploaded into the virtual data room); and (B) Parent and Parent’s Representatives had access to such information, document or material throughout the entire period of time such information, document or other material was in such virtual data room; or (ii) such information, document or material was made available by the Company for review by selected Representatives of Parent for a reasonable period of time prior to the execution of the Agreement in a physical data room maintained by the Company at the offices of ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ & ▇▇▇▇▇▇ in 650 Page Mill Road in Palo Alto, California in connection with the Contemplated Transactions (it being understood that a document that was only made available for review in the physical data room in the two days prior to the execution of the Agreement shall only be deemed to have been made available for a reasonable period of time if the Company shall have promptly notified Parent or its outside legal counsel that such document was added to the physical data room); and (b) with respect to information, document or other material Made Available by Parent: (i) (A) such information, document or material was made available by Parent for review by the Company or the Company’s Representatives for a reasonable period of time prior to the execution of the Agreement in the virtual data room maintained by Parent with ▇▇▇▇▇▇▇ DataSite in connection with the Contemplated Transactions (it being understood that a document that was only made available for review in the virtual data room in the two days prior to the execution of the Agreement shall only be deemed to have been made available for a reasonable period of time if Parent shall have promptly notified the Company or its outside legal counsel that such document was uploaded into the virtual data room); and (B) the Company and the Company’s Representatives had access to such information, document or material throughout the entire period of time such information, document or other material was in such virtual data room; or (ii) such information, document or material was made available by Parent for review by selected Representatives of the Company for a reasonable period of time prior to the execution of the Agreement in a physical data room maintained by Parent at the Parent’s offices in ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇., ▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ in connection with the Contemplated Transactions (it being understood that a document that was only made available for review in the physical data room in the two days prior to the execution of the Agreement shall only be deemed to have been made available for a reasonable period of time if Parent shall have promptly notified the Company or its outside legal counsel that such document was added to the physical data room).

Made Available. Any statement in the Agreement to the effect that any information, document or other material has been “Made Available” shall mean that: (a) with respect to information, document or other material Made Available by to which the CompanyCompany has given Parent access: (i) (A) such information, document or material was made available by the Company for review by Parent or Parent’s Representatives for a reasonable period of time prior to the execution of the Agreement in the virtual data room maintained by the Company with IntraLinks the Intralinks Data Site in connection with the Contemplated Transactions transactions contemplated by the Agreement (it being understood that a document that was only made available for review in the virtual data room in the two days prior to the execution of the Agreement shall only be deemed to have been made available for a reasonable period of time if the Company shall have promptly notified Parent or its outside legal counsel that such document was uploaded into the virtual data room); and (Bii) Parent and Parent’s Representatives had access to such information, document or material throughout the entire such period of time such information, document or other material was in such virtual data room; or (ii) such information, document or material was made available by the Company for review by selected Representatives of Parent for a reasonable period of time prior to the execution of the Agreement in a physical data room maintained by the Company at the offices of ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ & ▇▇▇▇▇▇ in 650 Page Mill Road in Palo Alto, California in connection with the Contemplated Transactions (it being understood that a document that was only made available for review in the physical data room in the two days prior to the execution of the Agreement shall only be deemed to have been made available for a reasonable period of time if the Company shall have promptly notified Parent or its outside legal counsel that such document was added to the physical data room)time; and (b) with respect to information, document or other material Made Available by Parentto which Parent has given the Company access: (i) (A) such information, document or material was made available by Parent for review by the Company or the Company’s Representatives for a reasonable period of time prior to the execution of the Agreement in the virtual data room maintained by Parent with ▇▇ ▇▇▇▇▇▇▇▇▇ DataSite Venue in connection with the Contemplated Transactions transactions contemplated by the Agreement (it being understood that a document that was only made available for review in the virtual data room in the two days prior to the execution of the Agreement shall only be deemed to have been made available for a reasonable period of time if Parent shall have promptly notified the Company or its outside legal counsel that such document was uploaded into the virtual data room); and (Bii) the Company and the Company’s Representatives had access to such information, document or material throughout the entire such period of time such information, document or other material was in such virtual data room; or (iic) that such informationinformation was filed by the Company or Parent, document as applicable, with the SEC on or material was made available by Parent for review by selected Representatives after January 1, 2010 and was, as of the Company for a reasonable period date of time prior to this Agreement, publicly available on the execution of the Agreement in a physical data room maintained by Parent at the ParentSEC’s offices in ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇.database. As used in this definition of “Made Available”, ▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ the term “file” and variations thereof shall be broadly construed to include any manner in connection with the Contemplated Transactions (it being understood that which a document that was only or information is filed, furnished, submitted, supplied or otherwise made available for review in the physical data room in the two days prior to the execution SEC or any member of its staff. Materials of Environmental Concern. “Materials of Environmental Concern” include chemicals, pollutants, contaminants, wastes, toxic substances, petroleum and petroleum products and any other substance that is now or hereafter regulated by any Environmental Law or that is otherwise a danger to health, reproduction or the Agreement shall only be deemed to have been made available for a reasonable period of time if Parent shall have promptly notified the Company or its outside legal counsel that such document was added to the physical data room)environment.

Made Available. Any statement in the Agreement to the effect that any information, document or other material has been “Made Available” shall mean that: (a) with respect to information, document or other material Made Available by the Company: (i) (A) such information, document or material was made available by the Company for review by Parent or Parent’s Representatives for a reasonable period of time prior to the execution of the Agreement in the virtual data room maintained by the Company with IntraLinks ▇▇▇▇▇▇▇ Data Site in connection with the Contemplated Transactions transactions contemplated by the Agreement (it being understood that a document that was only made available for review in the virtual data room in the two days prior to the execution of the Agreement shall only be deemed to have been made available for a reasonable period of time if the Company shall have promptly notified Parent or its outside legal counsel in writing that such document was uploaded into the virtual data room); and (Bii) Parent and Parent’s Representatives had access to such information, document or material throughout the entire such period of time such information, document or other material was in such virtual data room; or (ii) such information, document or material was made available by the Company for review by selected Representatives of Parent for a reasonable period of time prior to the execution of the Agreement in a physical data room maintained by the Company at the offices of ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ & ▇▇▇▇▇▇ in 650 Page Mill Road in Palo Alto, California in connection with the Contemplated Transactions (it being understood that a document that was only made available for review in the physical data room in the two days prior to the execution of the Agreement shall only be deemed to have been made available for a reasonable period of time if the Company shall have promptly notified Parent or its outside legal counsel that such document was added to the physical data room)time; and (b) with respect to information, document or other material Made Available by Parent: (i) (A) such information, document or material was made available by Parent for review by the Company or the Company’s Representatives for a reasonable period of time prior to the execution of the Agreement in the virtual data room maintained by Parent with ▇▇ ▇▇▇▇▇▇▇▇▇ DataSite in connection with the Contemplated Transactions transactions contemplated by the Agreement (it being understood that a document that was only made available for review in the virtual data room in the two days prior to the execution of the Agreement shall only be deemed to have been made available for a reasonable period of time if Parent shall have promptly notified the Company or its outside legal counsel in writing that such document was uploaded into the virtual data room); and (Bii) the Company and the Company’s Representatives had access to such information, document or material throughout the entire such period of time such information, document or other material was in such virtual data room; or (ii) such information, document or material was made available by Parent for review by selected Representatives of the Company for a reasonable period of time prior to the execution of the Agreement in a physical data room maintained by Parent at the Parent’s offices in ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇time., ▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ in connection with the Contemplated Transactions (it being understood that a document that was only made available for review in the physical data room in the two days prior to the execution of the Agreement shall only be deemed to have been made available for a reasonable period of time if Parent shall have promptly notified the Company or its outside legal counsel that such document was added to the physical data room).

Made Available. Any statement in the Agreement to the effect that any information, document or other material has been “"Made Available” " shall mean that: (a) with respect to information, document or other material Made Available by to which the CompanyCompany has given Parent access: (i) (A) such information, document or material was made available by the Company for review by Parent or Parent’s 's Representatives for a reasonable period of time prior to the execution of the Agreement in the virtual data room maintained by the Company with IntraLinks the Intralinks Data Site in connection with the Contemplated Transactions transactions contemplated by the Agreement (it being understood that a document that was only made available for review in the virtual data room in the two days prior to the execution of the Agreement shall only be deemed to have been made available for a reasonable period of time if the Company shall have promptly notified Parent or its outside legal counsel that such document was uploaded into the virtual data room); and (Bii) Parent and Parent’s 's Representatives had access to such information, document or material throughout the entire such period of time such information, document or other material was in such virtual data room; or (ii) such information, document or material was made available by the Company for review by selected Representatives of Parent for a reasonable period of time prior to the execution of the Agreement in a physical data room maintained by the Company at the offices of ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ & ▇▇▇▇▇▇ in 650 Page Mill Road in Palo Alto, California in connection with the Contemplated Transactions (it being understood that a document that was only made available for review in the physical data room in the two days prior to the execution of the Agreement shall only be deemed to have been made available for a reasonable period of time if the Company shall have promptly notified Parent or its outside legal counsel that such document was added to the physical data room)time; and (b) with respect to information, document or other material Made Available by Parentto which Parent has given the Company access: (i) (A) such information, document or material was made available by Parent for review by the Company or the Company’s 's Representatives for a reasonable period of time prior to the execution of the Agreement in the virtual data room maintained by Parent with Data Site from ▇▇▇▇▇▇▇ DataSite Corporation in connection with the Contemplated Transactions transactions contemplated by the Agreement (it being understood that a document that was only made available for review in the virtual data room in the two days prior to the execution of the Agreement shall only be deemed to have been made available for a reasonable period of time if Parent shall have promptly notified the Company or its outside legal counsel that such document was uploaded into the virtual data room); and (Bii) the Company and the Company’s 's Representatives had access to such information, document or material throughout the entire such period of time such information, document or other material was in such virtual data room; or (iic) that such informationinformation was filed by the Company or Parent, document as applicable, with the SEC on or material was made available by Parent for review by selected Representatives after January 1, 2010 and was, as of the Company for a reasonable period date of time prior to this Agreement, publicly available on the execution of the Agreement in a physical data room maintained by Parent at the Parent’s offices in ▇▇▇▇ ▇▇▇SEC's ▇▇▇▇▇ ▇▇▇.database. As used in this definition of "Made Available", ▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ the term "file" and variations thereof shall be broadly construed to include any manner in connection with the Contemplated Transactions (it being understood that which a document that was only or information is filed, furnished, submitted, supplied or otherwise made available for review in the physical data room in the two days prior to the execution SEC or any member of its staff. Materials of Environmental Concern. "Materials of Environmental Concern" include chemicals, pollutants, contaminants, wastes, toxic substances, petroleum and petroleum products and any other substance that is now or hereafter regulated by any Environmental Law or that is otherwise a danger to health, reproduction or the Agreement shall only be deemed to have been made available for a reasonable period of time if Parent shall have promptly notified the Company or its outside legal counsel that such document was added to the physical data room)environment.

Made Available. Any statement in the Agreement to the effect that any information, document or other material has been “Made Available” shall mean that: (a) with respect to information, document or other material Made Available by to which the CompanyCompany has given Parent access: (i) (A) such information, document or material was made available by the Company for review by Parent or Parent’s Representatives for a reasonable period of time prior to the execution of the Agreement in the virtual data room maintained by the Company with IntraLinks ▇▇▇▇▇▇▇ Corporation in connection with the Contemplated Transactions transactions contemplated by the Agreement (it being understood that a document that was only made available for review in the virtual data room in the two days prior to the execution of the Agreement shall only be deemed to have been made available for a reasonable period of time if the Company shall have promptly notified Parent or its outside legal counsel that such document was uploaded into the virtual data room); and (Bii) Parent and Parent’s Representatives had access to such information, document or material throughout the entire such period of time such information, document or other material was in such virtual data room; or (ii) such information, document or material was made available by the Company for review by selected Representatives of Parent for a reasonable period of time prior to the execution of the Agreement in a physical data room maintained by the Company at the offices of ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ & ▇▇▇▇▇▇ in 650 Page Mill Road in Palo Alto, California in connection with the Contemplated Transactions (it being understood that a document that was only made available for review in the physical data room in the two days prior to the execution of the Agreement shall only be deemed to have been made available for a reasonable period of time if the Company shall have promptly notified Parent or its outside legal counsel that such document was added to the physical data room)time; and (b) with respect to information, document or other material Made Available by Parentto which Parent has given the Company access: either (x) (i) (A) such information, document or material was made available by Parent for review by the Company or the Company’s Representatives for a reasonable period of time prior to the execution of the Agreement in the virtual data room maintained by Parent with ▇▇▇▇▇▇▇ DataSite Data Site with Firmex Inc. in connection with the Contemplated Transactions transactions contemplated by the Agreement (it being understood that a document that was only made available for review in the virtual data room in the two days prior to the execution of the Agreement shall only be deemed to have been made available for a reasonable period of time if Parent shall have promptly notified the Company or its outside legal counsel that such document was uploaded into the virtual data room); and (Bii) the Company and the Company’s Representatives had access to such information, document or material throughout the entire such period of time such information, document or other material was in such virtual data room; or (iiy) that such informationinformation was filed by the Parent, document or material was made available by Parent for review by selected Representatives of with the Company for a reasonable period of time SEC and Canadian securities regulatory authorities prior to the execution date of this Agreement and was, as of the Agreement in a physical data room maintained by Parent at date of this Agreement, publicly available on the ParentSEC’s offices in ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇.database or on SEDAR. As used in this definition of “Made Available”, ▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ the term “file” and variations thereof shall be broadly construed to include any manner in connection with the Contemplated Transactions (it being understood that which a document that was only or information is filed, furnished, submitted, supplied or otherwise made available for review in the physical data room in the two days prior to the execution SEC or Canadian securities regulatory authorities or any member of the Agreement shall only be deemed to have been made available for a reasonable period of time if Parent shall have promptly notified the Company or its outside legal counsel that such document was added to the physical data room)their respective staff.

Made Available. Any statement in the this Agreement to the effect that any information, document or other material has been “Made Available” shall mean that: (a) with respect to any information, document or other material Made Available by the Companyto which ▇▇▇▇▇▇▇ has given NetScout or its Representatives access: either (x) (i) (A) such information, document or material was made available by the Company ▇▇▇▇▇▇▇ for review by Parent NetScout or ParentNetScout’s Representatives for a reasonable period of time at least eighteen hours prior to the execution of this Agreement in the physical data room (a list of such documents and materials have been provided by ▇▇▇▇▇▇▇ to NetScout outside legal counsel) or the virtual data room maintained by ▇▇▇▇▇▇▇ on the Data Site from ▇▇▇▇▇▇▇ Corporation in connection with the transactions contemplated by this Agreement (it being understood that a document that was only made available for review in the physical or virtual data room in the eighteen hours prior to the execution of this Agreement shall only be deemed to have been made available if ▇▇▇▇▇▇▇ shall have promptly notified and given immediate access to NetScout or its outside legal counsel that such document was provided or uploaded into the physical or virtual data room); and (ii) NetScout or NetScout’s Representatives had access to such information, document or material throughout such period of time or (y) that such information was filed by ▇▇▇▇▇▇▇, with the SEC prior to the date of this Agreement and was, as of the date of this Agreement, publicly available on the SEC’s ▇▇▇▇▇ Database; and (b) with respect to any information, document or other material to which NetScout has given ▇▇▇▇▇▇▇ access: either (x) (i) such information, document or material was made available by NetScout for review by ▇▇▇▇▇▇▇ or ▇▇▇▇▇▇▇’▇ Representatives at least eighteen hours prior to the execution of this Agreement in the virtual data room maintained by the Company NetScout with IntraLinks Data Site from ▇▇▇▇▇▇▇ Corporation in connection with the Contemplated Transactions transactions contemplated by this Agreement (it being understood that a document that was only made available for review in the virtual data room in the two days eighteen hours prior to the execution of the this Agreement shall only be deemed to have been made available for a reasonable period of time if the Company NetScout shall have promptly notified Parent ▇▇▇▇▇▇▇ or its outside legal counsel that such document was uploaded into the virtual data room); and (Bii) Parent ▇▇▇▇▇▇▇ and Parent’s ▇▇▇▇▇▇▇’▇ Representatives had access to such information, document or material throughout the entire such period of time such information, document or other material was in such virtual data room; or (iiy) that such informationinformation was filed by NetScout, document or material was made available by with the Company for review by selected Representatives of Parent for a reasonable period of time SEC prior to the execution date of this Agreement and was, as of the Agreement in a physical data room maintained by date of this Agreement, publicly available on the Company at the offices of ▇SEC’s ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ & ▇▇▇▇▇▇ database. As used in 650 Page Mill Road this definition of “Made Available”, the term “file” and variations thereof shall be construed to include any manner in Palo Alto, California in connection with the Contemplated Transactions (it being understood that which a document that was only or information is filed, furnished, submitted, supplied or otherwise made available for review in the physical data room in the two days prior to the execution SEC or any member of the Agreement shall only be deemed to have been made available for a reasonable period of time if the Company shall have promptly notified Parent or its outside legal counsel that such document was added to the physical data room); and (b) with respect to information, document or other material Made Available by Parent: (i) (A) such information, document or material was made available by Parent for review by the Company or the Company’s Representatives for a reasonable period of time prior to the execution of the Agreement in the virtual data room maintained by Parent with ▇▇▇▇▇▇▇ DataSite in connection with the Contemplated Transactions (it being understood that a document that was only made available for review in the virtual data room in the two days prior to the execution of the Agreement shall only be deemed to have been made available for a reasonable period of time if Parent shall have promptly notified the Company or its outside legal counsel that such document was uploaded into the virtual data room); and (B) the Company and the Company’s Representatives had access to such information, document or material throughout the entire period of time such information, document or other material was in such virtual data room; or (ii) such information, document or material was made available by Parent for review by selected Representatives of the Company for a reasonable period of time prior to the execution of the Agreement in a physical data room maintained by Parent at the Parent’s offices in ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇staff., ▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ in connection with the Contemplated Transactions (it being understood that a document that was only made available for review in the physical data room in the two days prior to the execution of the Agreement shall only be deemed to have been made available for a reasonable period of time if Parent shall have promptly notified the Company or its outside legal counsel that such document was added to the physical data room).