Making Available. Any reference to a document, information, or matter being “delivered” or “made available” to Buyer and similar expressions shall mean the posting of such document, information or matter on the virtual data room established by Seller or matters transmitted to Buyer or its Representatives via electronic mail or other electronic transfer means to which Buyer has had access (regardless of whether Buyer has viewed, accessed or downloaded the materials but provided that access to the same via the virtual data room shall have been granted to Buyer at least three (3) Business Days prior to the Closing Date).
Making Available. A document or information shall be deemed to have been “made available” or otherwise delivered to Parent only if, prior to the execution and delivery of this Agreement, such document or information has been posted to the “Project Spring” Mxxxxxx DataSite data room maintained by the Company in connection with the transactions contemplated by this Agreement in a folder thereof to which Parent or its Representatives have downloading and printing access. The Parties have caused this Agreement to be executed as of the date first written above. HELMERICH & PXXXX, INC. By: Name: Title: SPRING MERGER SUB, INC. By: Name: Title: MOTIVE DRILLING TECHNOLOGIES, INC. By: Name: Title: SHAREHOLDER REPRESENTATIVE SERVICES LLC, solely in its capacity as Stockholder Representative By: Name: Title: EXHIBIT A
