Common use of No Material Nonpublic Information Clause in Contracts

No Material Nonpublic Information. The Company hereby agrees and acknowledges that the transactions contemplated by this Waiver do not constitute material, nonpublic information of the Company or any of its Subsidiaries, the Company represents to the Holder that it has publicly disclosed all material, non-public information delivered to the Holder by the Company or any of its Subsidiaries, or any of their respective officers, directors, employees or agents on or prior to the date hereof and that the Holder shall not be in possession of any material, nonpublic information received from the Company, any of its Subsidiaries or any of their respective officers, directors, employees, affiliates or agents, that is not disclosed in the Offering Registration Statement. The Company acknowledges and agrees that any and all confidentiality or similar obligations under any agreement, whether written or oral, between the Company, any of its Subsidiaries or any of their respective officers, directors, affiliates, employees or agents on the one hand, and the Holder or any of its affiliates on the other hand, has terminated. The Company shall not, and shall cause each of its Subsidiaries and its and each of their respective officers, directors, affiliates, employees and agents, not to, provide any Holder with any material, nonpublic information regarding the Company or any of its Subsidiaries from and after the date hereof without the express prior written consent of the Holder. To the extent that the Company, any of its Subsidiaries or any of their respective officers, directors, affiliates employees or agents delivers any material, non-public information to any Holder without the Holder’s consent, the Company hereby covenants and agrees that the Holder shall not have any duty of confidentiality to the Company, any of its Subsidiaries or any of their respective officers, directors, affiliates, employees or agents with respect to, or a duty to the Company, any of its Subsidiaries or any of their respective officers, directors, affiliates, employees or agents not to trade on the basis of, such material, non-public information. The Company understands and confirms that the Holder will rely on the foregoing representations in effecting transactions in securities of the Company.

No Material Nonpublic Information. The On or before 8:30 a.m., New York City time, on the first Business Day after the New SPA has been executed, the Company hereby agrees and acknowledges that shall file a Current Report on Form 8-K describing the terms of the transactions contemplated by the New Transaction Documents in the form required by the 1934 Act and attaching the material New Transaction Documents and the form of this Waiver do not constitute materialas exhibits to such filing (including all attachments), nonpublic information the “8-K Filing”). From and after the filing of the Company or any of its Subsidiaries8-K Filing with the SEC, the Company represents to the Holder that it has publicly disclosed all material, non-public information delivered to the Holder by the Company or any of its Subsidiaries, or any of their respective officers, directors, employees or agents on or prior to the date hereof and that the Holder shall not be in possession of any material, nonpublic information received from the Company, any of its Subsidiaries or any of their respective officers, directors, employees, affiliates or agents, that is not disclosed in the Offering Registration Statement8-K Filing. The In addition, effective upon the filing of the 8-K Filing, the Company acknowledges and agrees that any and all confidentiality or similar obligations under any agreement, whether written or oral, between the Company, Company or any of its Subsidiaries or any of their respective officers, directors, affiliatesemployees, employees affiliates or agents agents, on the one hand, and of the Holder or any of its affiliates affiliates, on the other hand, has terminatedshall terminate and be of no force or effect. The Company shall not, and shall cause each of its Subsidiaries and its and each of their respective officers, directors, affiliates, employees and agents, not to, provide any Holder with any material, nonpublic information regarding the Company or any of its Subsidiaries from and after the date hereof without the express prior written consent of the Holder. To the extent that the Company, any of its Subsidiaries or any of their respective officers, directors, affiliates employees or agents delivers any material, non-public information to any Holder without the Holder’s consent, the Company hereby covenants and agrees that the Holder shall not have any duty of confidentiality to the Company, any of its Subsidiaries or any of their respective officers, directors, affiliates, employees or agents with respect to, or a duty to the Company, any of its Subsidiaries or any of their respective officers, directors, affiliates, employees or agents not to trade on the basis of, such material, non-public information. The Company understands and confirms that the Holder will rely on the foregoing representations in effecting transactions in securities of the Company.

No Material Nonpublic Information. The Company hereby agrees and acknowledges that the transactions contemplated by this Waiver do not constitute material, nonpublic information of the Company or any of its Subsidiaries, the Company represents to the Holder that it has publicly disclosed all material, non-public information delivered to the Holder by the Company or any of its Subsidiaries, or any of their respective officers, directors, employees or agents on or prior to the date hereof and that the Holder shall not be in possession of any material, nonpublic information received from the Company, any of its Subsidiaries or any of their respective officers, directors, employees, affiliates or agents, that is not disclosed in the February 2017 Offering Registration Statement. The Company acknowledges and agrees that any and all confidentiality or similar obligations under any agreement, whether written or oral, between the Company, any of its Subsidiaries or any of their respective officers, directors, affiliates, employees or agents on the one hand, and the Holder or any of its affiliates on the other hand, has terminatedterminated and is of no further force or effect. The Company shall not, and shall cause each of its Subsidiaries and its and each of their respective officers, directors, affiliates, employees and agents, not to, provide any Holder with any material, nonpublic information regarding the Company or any of its Subsidiaries from and after the date hereof without the express prior written consent of the Holder. To the extent that the Company, any of its Subsidiaries or any of their respective officers, directors, affiliates employees or agents delivers any material, non-public information to any Holder without the Holder’s consent, the Company hereby covenants and agrees that the Holder shall not have any duty of confidentiality to the Company, any of its Subsidiaries or any of their respective officers, directors, affiliates, employees or agents with respect to, or a duty to the Company, any of its Subsidiaries or any of their respective officers, directors, affiliates, employees or agents not to trade on the basis of, such material, non-public information. The Company understands and confirms that the Holder will rely on the foregoing representations in effecting transactions in securities of the Company.

No Material Nonpublic Information. The On or before 8:30 a.m., New York City time, on the first Business Day after the New SPA has been executed, the Company hereby agrees and acknowledges that shall file a Current Report on Form 8-K describing the terms of the transactions contemplated by the New Transaction Documents in the form required by the 1934 Act and attaching the material New Transaction Documents and the form of this Waiver do not constitute materialas exhibits to such filing (including all attachments), nonpublic information the “8-K Filing”). From and after the filing of the Company or any of its Subsidiaries8-K Filing with the SEC, the Company represents to the Holder that it has publicly disclosed all material, non-public information delivered to the Holder by the Company or any of its Subsidiaries, or any of their respective officers, directors, employees or agents on or prior to the date hereof and that the Holder Investor shall not be in possession of any material, nonpublic information received from the Company, any of its Subsidiaries or any of their respective officers, directors, employees, affiliates or agents, that is not disclosed in the Offering Registration Statement8-K Filing. The In addition, effective upon the filing of the 8-K Filing, the Company acknowledges and agrees that any and all confidentiality or similar obligations under any agreement, whether written or oral, between the Company, Company or any of its Subsidiaries or any of their respective officers, directors, affiliatesemployees, employees affiliates or agents agents, on the one hand, and of the Holder Investor or any of its affiliates affiliates, on the other hand, has terminatedshall terminate and be of no force or effect. The Company shall not, and shall cause each of its Subsidiaries and its and each of their respective officers, directors, affiliates, employees and agents, not to, provide any Holder Investor with any material, nonpublic information regarding the Company or any of its Subsidiaries from and after the date hereof without the express prior written consent of the HolderInvestor. To the extent that the Company, any of its Subsidiaries or any of their respective officers, directors, affiliates employees or agents delivers any material, non-public information to any Holder Investor without the HolderInvestor’s consent, the Company hereby covenants and agrees that the Holder Investor shall not have any duty of confidentiality to the Company, any of its Subsidiaries or any of their respective officers, directors, affiliates, employees or agents with respect to, or a duty to the Company, any of its Subsidiaries or any of their respective officers, directors, affiliates, employees or agents not to trade on the basis of, such material, non-public information. The Company understands and confirms that the Holder Investor will rely on the foregoing representations in effecting transactions in securities of the Company.

No Material Nonpublic Information. The Company hereby agrees and acknowledges that the transactions contemplated by this Waiver Fourth Amendment Agreement do not constitute material, nonpublic information of the Company or any of its Subsidiaries, the Company represents to the Holder that it has publicly disclosed all material, non-public information delivered to the Holder by the Company or any of its Subsidiaries, or any of their respective officers, directors, employees or agents on or prior to the date hereof Subsidiaries and that the Holder shall not be in possession of any material, nonpublic information received from the Company, any of its Subsidiaries or any of their respective officers, directors, employees, affiliates or agents, that is not disclosed in the Offering Registration Statement. The Company acknowledges and agrees that any and all confidentiality or similar obligations under any agreement, whether written or oral, between the Company, any of its Subsidiaries or any of their respective officers, directors, affiliates, employees or agents agents, on the one hand, and the each Holder or any of its affiliates affiliates, on the other hand, has terminatedhave terminated prior to the date hereof. The Company shall not, and shall cause each of its Subsidiaries and its and each of their respective officers, directors, affiliates, employees and agents, not to, provide any Holder with any material, nonpublic information regarding the Company or any of its Subsidiaries from and after the date hereof without the express prior written consent of the such Holder. To the extent that the Company, any of its Subsidiaries or any of their respective officers, directors, affiliates employees or agents delivers any material, non-public information to any Holder without the such Holder’s consent, the Company hereby covenants and agrees that the such Holder shall not have any duty of confidentiality to the Company, any of its Subsidiaries or any of their respective officers, directors, affiliates, employees or agents with respect to, or a duty to the Company, any of its Subsidiaries or any of their respective officers, directors, affiliates, employees or agents not to trade on the basis of, such material, non-public information. The Company understands and confirms that the Holder will rely on the foregoing representations in effecting transactions in securities of the Company.

No Material Nonpublic Information. The Company hereby agrees and acknowledges that the transactions contemplated by this Waiver Second Amendment Agreement do not constitute material, nonpublic information of the Company or any of its Subsidiaries, the Company represents to the Holder that it has publicly disclosed all material, non-public information delivered to the Holder by the Company or any of its Subsidiaries, or any of their respective officers, directors, employees or agents on or prior to the date hereof Subsidiaries and that the Holder shall not be in possession of any material, nonpublic information received from the Company, any of its Subsidiaries or any of their respective officers, directors, employees, affiliates or agents, that is not disclosed in the Offering Registration Statement. The Company acknowledges and agrees that any and all confidentiality or similar obligations under any agreement, whether written or oral, between the Company, any of its Subsidiaries or any of their respective officers, directors, affiliates, employees or agents agents, on the one hand, and the each Holder or any of its affiliates affiliates, on the other hand, has terminatedhave terminated prior to the date hereof. The Company shall not, and shall cause each of its Subsidiaries and its and each of their respective officers, directors, affiliates, employees and agents, not to, provide any Holder with any material, nonpublic information regarding the Company or any of its Subsidiaries from and after the date hereof without the express prior written consent of the such Holder. To the extent that the Company, any of its Subsidiaries or any of their respective officers, directors, affiliates employees or agents delivers any material, non-public information to any Holder without the such Holder’s consent, the Company hereby covenants and agrees that the such Holder shall not have any duty of confidentiality to the Company, any of its Subsidiaries or any of their respective officers, directors, affiliates, employees or agents with respect to, or a duty to the Company, any of its Subsidiaries or any of their respective officers, directors, affiliates, employees or agents not to trade on the basis of, such material, non-public information. The Company understands and confirms that the Holder will rely on the foregoing representations in effecting transactions in securities of the Company.

No Material Nonpublic Information. The Company hereby agrees and acknowledges that On or before 12:30 p.m., New York City time, on the transactions contemplated by this Waiver do not constitute material, nonpublic information of the Company or any of its Subsidiariesdate hereof, the Company represents to shall file a Current Report on Form 8-K announcing the Holder that it has publicly disclosed all material, non-public information delivered to New Offering in the Holder form required by the Company or any Exchange Act and the form of its Subsidiariesthis Amendment as exhibits to such filing (including all attachments), or any the “8-K Filing”). From and after the filing of their respective officersthe 8-K Filing with the SEC, directors, employees or agents on or prior to the date hereof and that the Holder shall not be in possession of any material, nonpublic information received from the Company, any of its Subsidiaries or any of their respective officers, directors, employees, affiliates or agents, agents that is not disclosed in the Offering Registration Statement8-K Filing. The In addition, effective upon the filing of the 8-K Filing, the Company acknowledges and agrees that any and all confidentiality or similar obligations under any agreement, whether written or oral, between the Company, Company or any of its Subsidiaries or any of their respective officers, directors, affiliatesemployees, employees affiliates or agents agents, on the one hand, and of the Holder or any of its affiliates affiliates, on the other hand, has terminatedshall terminate and be of no force or effect. The Company shall not, and shall cause each of its Subsidiaries and its and each of their respective officers, directors, affiliates, employees and agents, not to, provide any Holder with any material, nonpublic information regarding the Company or any of its Subsidiaries from and after the date hereof without the express prior written consent of the Holder. To the extent that the Company, any of its Subsidiaries or any of their respective officers, directors, affiliates employees or agents delivers any material, non-public information to any Holder without the Holder’s consent, the Company hereby covenants and agrees that the Holder shall not have any duty of confidentiality to the Company, any of its Subsidiaries or any of their respective officers, directors, affiliates, employees or agents with respect to, or a duty to the Company, any of its Subsidiaries or any of their respective officers, directors, affiliates, employees or agents not to trade on the basis of, such material, non-public information. The Company understands and confirms that the Holder will rely on the foregoing representations in effecting transactions in securities of the Company.

No Material Nonpublic Information. The Company hereby agrees and acknowledges that the transactions contemplated by this Waiver do not constitute material, nonpublic information of the Company or any of its Subsidiaries, the Company represents to the Holder that it has publicly disclosed all material, non-public information delivered to the Holder by the Company or any of its Subsidiaries, or any of their respective officers, directors, employees or agents on or prior to the date hereof and that the Holder shall not be in possession of any material, nonpublic information received from the Company, any of its Subsidiaries or any of their respective officers, directors, employees, affiliates or agents, that is not disclosed in the Offering Registration Statement. The Company acknowledges and agrees that any and all confidentiality or similar obligations under any agreement, whether written or oral, between the Company, any of its Subsidiaries or any of their respective officers, directors, affiliates, employees or agents on the one hand, and the Holder or any of its affiliates on the other hand, has terminatedterminated and is of no further force or effect. The Company shall not, and shall cause each of its Subsidiaries and its and each of their respective officers, directors, affiliates, employees and agents, not to, provide any Holder with any material, nonpublic information regarding the Company or any of its Subsidiaries from and after the date hereof without the express prior written consent of the Holder. To the extent that the Company, any of its Subsidiaries or any of their respective officers, directors, affiliates employees or agents delivers any material, non-public information to any Holder without the Holder’s consent, the Company hereby covenants and agrees that the Holder shall not have any duty of confidentiality to the Company, any of its Subsidiaries or any of their respective officers, directors, affiliates, employees or agents with respect to, or a duty to the Company, any of its Subsidiaries or any of their respective officers, directors, affiliates, employees or agents not to trade on the basis of, such material, non-public information. The Company understands and confirms that the Holder will rely on the foregoing representations in effecting transactions in securities of the Company.

No Material Nonpublic Information. The On or before 8:30 a.m., New York City time, on the first Business Day after the New SPA has been executed, the Company hereby agrees and acknowledges that shall file a Current Report on Form 8-K describing the terms of the transactions contemplated by the New Transaction Documents in the form required by the 1934 Act and attaching the material New Transaction Documents and the form of this Waiver do not constitute materialas exhibits to such filing (including all attachments), nonpublic information the "8‑K Filing"). From and after the filing of the Company or any of its Subsidiaries8-K Filing with the Secuirties and Exchange Commission, the Company represents to the Holder that it has publicly disclosed all material, non-public information delivered to the Holder by the Company or any of its Subsidiaries, or any of their respective officers, directors, employees or agents on or prior to the date hereof and that the Holder shall not be in possession of any material, nonpublic information received from the Company, any of its Subsidiaries or any of their respective officers, directors, employees, affiliates or agents, that is not disclosed in the Offering Registration Statement8-K Filing. The In addition, effective upon the filing of the 8-K Filing, the Company acknowledges and agrees that any and all confidentiality or similar obligations under any agreement, whether written or oral, between the Company, Company or any of its Subsidiaries or any of their respective officers, directors, affiliatesemployees, employees affiliates or agents agents, on the one hand, and of the Holder or any of its affiliates affiliates, on the other hand, has terminatedshall terminate and be of no force or effect. The Company shall not, and shall cause each of its Subsidiaries and its and each of their respective officers, directors, affiliates, employees and agents, not to, provide any Holder with any material, nonpublic information regarding the Company or any of its Subsidiaries from and after the date hereof without the express prior written consent of the Holder. To the extent that the Company, any of its Subsidiaries or any of their respective officers, directors, affiliates employees or agents delivers any material, non-public information to any Holder without the Holder’s 's consent, the Company hereby covenants and agrees that the Holder shall not have any duty of confidentiality to the Company, any of its Subsidiaries or any of their respective officers, directors, affiliates, employees or agents with respect to, or a duty to the Company, any of its Subsidiaries or any of their respective officers, directors, affiliates, employees or agents not to trade on the basis of, such material, non-public information. The Company understands and confirms that the Holder will rely on the foregoing representations in effecting transactions in securities of the Company.

No Material Nonpublic Information. The Company hereby agrees and acknowledges that the transactions contemplated by this Waiver Third Amendment Agreement do not constitute material, nonpublic information of the Company or any of its Subsidiaries, the Company represents to the Holder that it has publicly disclosed all material, non-public information delivered to the Holder by the Company or any of its Subsidiaries, or any of their respective officers, directors, employees or agents on or prior to the date hereof Subsidiaries and that the Holder shall not be in possession of any material, nonpublic information received from the Company, any of its Subsidiaries or any of their respective officers, directors, employees, affiliates or agents, that is not disclosed in the Offering Registration Statement. The Company acknowledges and agrees that any and all confidentiality or similar obligations under any agreement, whether written or oral, between the Company, any of its Subsidiaries or any of their respective officers, directors, affiliates, employees or agents agents, on the one hand, and the each Holder or any of its affiliates affiliates, on the other hand, has terminatedhave terminated prior to the date hereof. The Company shall not, and shall cause each of its Subsidiaries and its and each of their respective officers, directors, affiliates, employees and agents, not to, provide any Holder with any material, nonpublic information regarding the Company or any of its Subsidiaries from and after the date hereof without the express prior written consent of the such Holder. To the extent that the Company, any of its Subsidiaries or any of their respective officers, directors, affiliates employees or agents delivers any material, non-public information to any Holder without the such Holder’s consent, the Company hereby covenants and agrees that the such Holder shall not have any duty of confidentiality to the Company, any of its Subsidiaries or any of their respective officers, directors, affiliates, employees or agents with respect to, or a duty to the Company, any of its Subsidiaries or any of their respective officers, directors, affiliates, employees or agents not to trade on the basis of, such material, non-public information. The Company understands and confirms that the Holder will rely on the foregoing representations in effecting transactions in securities of the Company.

No Material Nonpublic Information. The Company hereby agrees and acknowledges that the transactions contemplated by this Waiver Amendment Agreement do not constitute material, nonpublic information of the Company or any of its Subsidiaries, the Company represents to the Holder that it has publicly disclosed all material, non-public information delivered to the Holder by the Company or any of its Subsidiaries, or any of their respective officers, directors, employees or agents on or prior to the date hereof Subsidiaries and that the Holder shall not be in possession of any material, nonpublic information received from the Company, any of its Subsidiaries or any of their respective officers, directors, employees, affiliates or agents, that is not disclosed in the Offering Registration Statement. The Company acknowledges and agrees that any and all confidentiality or similar obligations under any agreement, whether written or oral, between the Company, any of its Subsidiaries or any of their respective officers, directors, affiliates, employees or agents agents, on the one hand, and the each Holder or any of its affiliates affiliates, on the other hand, has terminatedhave terminated prior to the date hereof. The Company shall not, and shall cause each of its Subsidiaries and its and each of their respective officers, directors, affiliates, employees and agents, not to, provide any Holder with any material, nonpublic information regarding the Company or any of its Subsidiaries from and after the date hereof without the express prior written consent of the such Holder. To the extent that the Company, any of its Subsidiaries or any of their respective officers, directors, affiliates employees or agents delivers any material, non-public information to any Holder without the such Holder’s consent, the Company hereby covenants and agrees that the such Holder shall not have any duty of confidentiality to the Company, any of its Subsidiaries or any of their respective officers, directors, affiliates, employees or agents with respect to, or a duty to the Company, any of its Subsidiaries or any of their respective officers, directors, affiliates, employees or agents not to trade on the basis of, such material, non-public information. The Company understands and confirms that the Holder will rely on the foregoing representations in effecting transactions in securities of the Company.

No Material Nonpublic Information. The (a) At or prior to 8:00 a.m. (New York City time) on the first Business Day following the Closing Date, the Company hereby agrees shall file with the U.S. Securities and acknowledges that Exchange Commission one or more Forms 8-K describing the terms of the transactions contemplated by the Credit Documents and any other transaction, agreement or instrument entered into in connection therewith (collectively, the “Transactions”), disclosing any other material information with respect thereto and including as exhibits to such Form(s) 8-K this Waiver do not constitute materialAgreement (including redacted schedules and exhibits hereto), nonpublic information the form of Note and any other material agreement or instrument (or the form thereof, as applicable) executed by the Company in connection herewith, in each case without any redactions (such Form or Forms 8-K, collectively, the “Announcing Form 8-K”). Upon the filing of the Company or any of its SubsidiariesAnnouncing Form 8-K, the Company represents to Company, the Holder that it has publicly Borrower and their respective Subsidiaries shall have disclosed all material, non-public information delivered (if any) regarding the Company, the Borrower, their respective Subsidiaries, any of their respective securities, any of their respective Affiliates or any other Person provided or made available to the Holder by the Company any Lender or any of its SubsidiariesAffiliates, attorneys, agents or representatives by the Company, Borrower, any of their respective officers, directors, employees or agents on or prior to the date hereof and that the Holder shall not be in possession of any material, nonpublic information received from the Company, any of its Subsidiaries or any of their respective employees, officers, directorsdirectors (or equivalent persons), employeesattorneys, affiliates agents or agents, that is not disclosed in representatives on or prior to the Offering Registration StatementClosing Date. The Each of the Company acknowledges and agrees that any and all confidentiality or similar obligations under any agreement, whether written or oral, between the Company, any of its Subsidiaries or any of their respective officers, directors, affiliates, employees or agents on the one hand, and the Holder or any of its affiliates on the other hand, has terminated. The Company Borrower shall not, and shall cause each of its Subsidiaries and its and each of their respective employees, officers, directorsdirectors (or equivalent persons), affiliatesAffiliates, employees attorneys, agents and agents, not torepresentatives to not, provide any Holder with any material, nonpublic information regarding the Company Lender or any of its Subsidiaries Affiliates, attorneys, agents or representatives with any material nonpublic information regarding any Credit Party, its securities, any of its Affiliates or any other Person from and after the date hereof filing of the Announcing Form 8-K with the SEC without the express prior written consent of such Lender. Each of the Holder. To Company and Borrower hereby acknowledges and agrees that, notwithstanding the extent that provisions of this Section 9.18, no Lender (nor any of such Xxxxxx’s Affiliates, attorneys, agents or representatives) shall have any duty of trust or confidence (including any obligation under any confidentiality or non-disclosure agreement entered into by such Lender) with respect to, or any obligation not to trade in any securities while aware of, any material nonpublic information (i) provided by, or on behalf of, the Company, the Borrower, any of its Subsidiaries their respective Affiliates or any of their respective officers, directorsdirectors (or equivalent persons), affiliates employees employees, attorneys, agents or agents delivers any material, non-public information to any Holder without the Holder’s consent, the Company hereby covenants and agrees that the Holder shall not have any duty representatives in violation of confidentiality to the Company, any of its Subsidiaries the representations, covenants, provisions or agreements set forth in this Section 9.18 or (ii) otherwise possessed (or continued to be possessed) by any Lender (or any Affiliate, agent or representative thereof) as a result of their respective officersany breach or violation of any representation, directorscovenant, affiliates, employees provision or agents with respect to, or a duty to the Company, any of its Subsidiaries or any of their respective officers, directors, affiliates, employees or agents not to trade on the basis of, such material, non-public information. The Company understands and confirms that the Holder will rely on the foregoing representations agreement set forth in effecting transactions in securities of the Companythis Section 9.18.