Common use of Public Disclosure Clause in Contracts

Public Disclosure. Except as may be required by law or stock market regulations, (i) the press release announcing the execution of this Agreement shall be issued only in such form as shall be mutually agreed upon by the Company and the Parent and (ii) the Parent and the Company shall each use its reasonable efforts to consult with the other party before issuing any other press release or otherwise making any public statement with respect to the Merger or this Agreement.

Appears in 5 contracts

Samples: Agreement and Plan of Merger (Genaissance Pharmaceuticals Inc), Agreement and Plan of Merger (Icoria, Inc.), Agreement and Plan of Merger (Clinical Data Inc)

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Public Disclosure. Except as may be required by law Law or stock market regulations, (i) the press release announcing the execution of this Agreement shall be issued only in such form as shall be mutually agreed upon by the Company and the Parent Buyer and (ii) the Parent Buyer and the Company shall each use its reasonable efforts to consult with and obtain the consent of the other party before issuing any other press release or otherwise making any public statement with respect to the Merger or this Agreement.

Appears in 5 contracts

Samples: Agreement and Plan of Merger (Mikron Infrared Inc), Agreement and Plan of Merger (Mikron Infrared Inc), Agreement and Plan of Merger (LumaSense Technologies, Inc.)

Public Disclosure. Except as may be required by law or stock market regulations, (ia) the press release announcing the execution of this Agreement shall be issued only in such form as shall be mutually agreed upon by the Company and the Parent Buyer and (iib) the Parent Buyer and the Company shall each use its commercially reasonable efforts to consult with the other party before issuing any other press release or otherwise making any public statement with respect to the Merger or this Agreement.

Appears in 4 contracts

Samples: Agreement and Plan of Merger (Kronos Inc), Agreement and Plan of Merger (Brooktrout Inc), Agreement and Plan of Merger (Valley National Gases Inc)

Public Disclosure. Except as may be required by law or stock market regulations, (ia) the press release announcing the execution of this Agreement shall be issued only in such form as shall be mutually agreed upon by the Company and the Parent and (iib) the Parent and the Company shall each use its reasonable best efforts to consult with the other party before issuing issuing, and provide each other with a reasonable opportunity to review and comment upon, any other press release or otherwise making any public statement with respect to the Merger Merger, this Agreement or the transactions contemplated hereby, except that the parties may make statements that are not inconsistent with previous press releases, public disclosures or public statements made by Parent or the Company in compliance with this AgreementSection 6.8.

Appears in 4 contracts

Samples: Agreement and Plan of Merger (Performance Technologies Inc \De\), Agreement and Plan of Merger (Sonus Networks Inc), Agreement and Plan of Merger (Network Equipment Technologies Inc)

Public Disclosure. Except as may be required by law or stock market regulations, (i) the press release announcing the execution of this Agreement shall be issued only in such form as shall be mutually agreed upon by the Company and the Parent and (ii) the Parent and the Company shall each use its commercially reasonable efforts to consult with the other party before issuing any other press release or otherwise making any public statement with respect to the Merger or this Agreement.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (New Focus Inc), Agreement and Plan of Merger (Bookham Technology PLC), Agreement and Plan of Merger (Bookham Technology PLC)

Public Disclosure. Except as may be required by law or stock market regulations, (ia) the press release announcing the execution of this Agreement shall be issued only in such form as shall be mutually agreed upon by the Company and the Parent Buyer and (iib) the Parent Buyer and the Company shall each use its commercially reasonable efforts to consult with the other party before issuing any other press release or otherwise making any public statement with respect to the Merger or this Agreement.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Emc Corp), Agreement and Plan of Merger (Rsa Security Inc/De/)

Public Disclosure. Except as may be required by law or stock market regulations, (ia) the press release announcing the execution of this Agreement shall be issued only in such form as shall be mutually agreed upon by the Company and the Parent Buyer and (iib) the Parent Buyer and the Company shall each use its respective commercially reasonable efforts to consult with the other party before issuing any other press release or otherwise making any public statement with respect to the Merger or this Agreement; provided, however, that these restrictions shall not apply to any Company communications regarding an Acquisition Proposal or a Trigger Event.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Palomar Medical Technologies Inc), Agreement and Plan of Merger (Palomar Medical Technologies Inc)

Public Disclosure. Except as may be required by applicable law or stock market regulations, (ia) the press release announcing the execution of this Agreement shall be issued only in such form as shall be mutually agreed upon by the Company and the Parent and (iib) the Parent and the Company shall each use its commercially reasonable efforts to consult with the other party and provide such other party with an opportunity to review and comment before issuing any other press release or otherwise making any public statement with respect to the Offer, the Merger or this Agreement.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Mapinfo Corp), Agreement and Plan of Merger (Mapinfo Corp)

Public Disclosure. Except as may be required by law or stock market regulations, (i) the press release announcing the execution of this Agreement shall be issued only in such form as shall be mutually agreed upon by the Company and the Parent Buyer and (ii) the Parent Buyer and the Company shall each use its commercially reasonable efforts to consult with the other party before issuing any other press release or otherwise making any public statement with respect to the Merger or this AgreementAgreement and shall not issue any such press release or make any such public statement prior to using such efforts.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Perkinelmer Inc), Agreement and Plan of Merger (Packard Bioscience Co)

Public Disclosure. Except as may be required by law or stock market regulations, (i) the press release announcing the execution of this Agreement shall be issued only in such form as shall be mutually agreed upon by the Company and the Parent Buyer and (ii) the Parent Buyer and the Company shall each use its reasonable efforts to consult with and obtain the consent of the other party before issuing any other press release or otherwise making any public statement with respect to the Merger or this Agreement.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Visual Networks Inc), Agreement and Plan of Merger (Danaher Corp /De/)

Public Disclosure. Except as may be required by law applicable Legal Requirements or stock market regulations, (ia) the press release announcing the execution of this Agreement shall be issued only in such form as shall be mutually agreed upon by the Company and the Parent Parent, and (iib) the Parent and the Company shall each use its all commercially reasonable efforts to consult with the other party before issuing any other press release or otherwise making any public statement with respect to the Merger or this Agreement.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (On Semiconductor Corp), Agreement and Plan of Merger (California Micro Devices Corp)

Public Disclosure. Except as may be required by law or stock market regulations, (i) the press release announcing the execution of this Agreement shall be issued only in such form as shall be mutually agreed upon by the Company and the Parent Buyer and (ii) the Parent Buyer and the Company shall each use its all commercially reasonable efforts to consult with the other party before issuing any other press release or otherwise making any public statement with respect to the Merger or this Agreement.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Pinnacle Systems Inc), Agreement and Plan of Merger (Avid Technology Inc)

Public Disclosure. Except as may be required by law Law or stock market regulations, (ia) the initial press release announcing the execution of this Agreement shall be jointly issued only and shall be in such form as shall be mutually agreed upon by the Company and the Parent Buyer and (iib) the Parent Buyer and the Acquisition Sub and (except in furtherance of actions permitted by Section 6.1 or as required by Law) the Company shall each use its commercially reasonable efforts to consult with the other party before issuing any other press release or otherwise making any public statement with respect to the Merger or this Agreement.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Witness Systems Inc), Agreement and Plan of Merger (Verint Systems Inc)

Public Disclosure. Except as may be required by law or stock market regulations, (ia) the press release announcing the execution of this Agreement shall be issued only in such form as shall be mutually agreed upon by the Company and the Parent and (iib) the Parent and the Company shall each use its reasonable best efforts to consult with the other party before issuing issuing, and provide each other with a reasonable opportunity to review and comment upon, any other press release or otherwise making any public statement with respect to the Merger Merger, this Agreement or this Agreementthe transactions contemplated hereby.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Caliper Life Sciences Inc), Agreement and Plan of Merger (Perkinelmer Inc)

Public Disclosure. Except as may be required by law or stock market regulations, (ia) the press release announcing the execution of this Agreement shall be issued only in such form as shall be mutually agreed upon by the Company and the Parent and (iib) the Parent and the Company shall each use its their respective commercially reasonable efforts to consult with the other party before issuing any other press release or otherwise making any public statement with respect to the Merger or this Agreement; provided, however, that these restrictions shall not apply to any communications regarding any Acquisition Proposal, Trigger Event or Recommendation Change Notice.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (First Marblehead Corp), Agreement and Plan of Merger (Risley John Carter)

Public Disclosure. Except as may be required by law or stock market regulations, (i) the The press release announcing the execution of this Agreement shall be issued only in such form as shall be mutually agreed upon by the Company and the Parent and (ii) the Parent and the Company. In addition, except as required by applicable Legal Requirements, neither Parent nor the Company shall each use its reasonable efforts make, or permit any of their respective Representatives to consult with the other party before issuing any other press release or otherwise making make, any public statement statements, including any press releases, with respect to the Merger or this AgreementAgreement without the prior written consent of the other party, which consent shall not be unreasonably withheld or delayed.

Appears in 2 contracts

Samples: Agreement of Merger (Catalina Marketing Corp/De), Agreement of Merger (Catalina Marketing Corp/De)

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Public Disclosure. Except as may be required by law Legal Requirements or stock market regulations, (ia) the press release announcing the execution of this Agreement shall be issued only in such form as shall be mutually agreed upon by the Company and the Parent Parent, and (iib) the Parent and the Company shall each use its all commercially reasonable efforts to consult with the other party before issuing any other press release or otherwise making any public statement with respect to the Merger or this Agreement.

Appears in 2 contracts

Samples: Agreement and Plan of Merger and Reorganization (Catalyst Semiconductor Inc), Agreement and Plan of Merger and Reorganization (On Semiconductor Corp)

Public Disclosure. Except as may be required by law Law or stock market regulations, (ia) the press release announcing the execution of this Agreement shall be issued only in such form as shall be mutually agreed upon by the Company and the Parent Buyer and (iib) the Parent Buyer and the Company shall each use its commercially reasonable efforts to consult with the other party before issuing any other press release or otherwise making any public statement with respect to the Merger Offer or this Agreement.

Appears in 2 contracts

Samples: Combination Agreement (WiderThan Co., Ltd.), Combination Agreement (Realnetworks Inc)

Public Disclosure. Except as may be required by law or stock market regulations, (ia) the press release announcing the execution of this Agreement shall be issued only in such form as shall be mutually agreed upon by the Company and the Parent and (iib) the Parent and the Company shall each use its commercially reasonable efforts to consult with the other party before issuing any other press release or otherwise making any public statement with respect to the Merger or this Agreement.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Actividentity Corp)

Public Disclosure. Except as may be required by law or stock market regulations, (i) the press release announcing the execution of this Agreement shall be issued only in such form as shall be mutually agreed upon by the Company and the Parent Buyer and (ii) the Parent Buyer and the Company shall each use its reasonable efforts to consult with the other party before issuing any other press release or otherwise making any public statement with respect to the Merger or this Agreement.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Student Advantage Inc)

Public Disclosure. Except as may be required by law or stock market regulations, (ia) the press release announcing the execution of this Agreement shall be issued only in such form as shall be mutually agreed upon by the Company and the Parent Buyer and (iib) the Parent Buyer and the Company shall each use its reasonable efforts to consult with the other party before issuing any other press release or otherwise making any public statement with respect to the Merger or this Agreement.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Netegrity Inc)

Public Disclosure. Except as may be required by law or stock market regulations, (ia) the press release announcing the execution of this Agreement shall be issued only in such form as shall be mutually agreed upon by the Company and the Parent and (iib) the Parent and the Company shall each use its commercially reasonable efforts to consult with the other party before issuing any other press release or otherwise making any public statement with respect to the Offer, the Merger or this Agreement; provided, however, that these restrictions shall not apply to any Company communications regarding an Acquisition Proposal or a Company Adverse Recommendation Change.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Trimeris Inc)

Public Disclosure. Except as may be required by law or stock market regulations, (i) the press release announcing the execution of this Agreement shall be issued only in such form as shall be mutually agreed upon by the Company and the Parent Buyer and (ii) the Parent Buyer and the Company shall each use its reasonable best efforts to consult with the other party before issuing any other press release or otherwise making any public statement with respect to the Merger or this Agreement.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Genaissance Pharmaceuticals Inc)

Public Disclosure. Except as may be required by law or stock market regulations, regulations (ia) the press release announcing the execution of this Agreement shall be issued only in such form and at such time as shall be mutually agreed upon by the Company Seller and the Parent Purchaser and (iib) the Parent Purchaser and the Company Seller shall each use its reasonable efforts to consult with the other party before issuing any other press release or otherwise making any public statement with respect to this Agreement or the Merger or this Agreementtransactions contemplated hereby.

Appears in 1 contract

Samples: Asset Purchase Agreement (Epresence Inc)

Public Disclosure. Except as may be required by law Law or stock market regulations, (ia) the press release announcing the execution of this Agreement shall be issued only in such form as shall be mutually agreed upon by the Company and the Parent Buyer and (iib) the Parent Buyer and the Company shall each use its their respective reasonable best efforts to consult with the other party before issuing any other press release or otherwise making any public statement with respect to the Merger or this Agreement.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Nyfix Inc)

Public Disclosure. Except as may be required by law or stock market regulations, (ia) the no press release announcing the execution of this Agreement shall be issued and if so required to be issued shall only be issued in such form as shall be mutually agreed upon by the Company and the Parent Buyer and (iib) the Parent Buyer and the Company shall each use its reasonable efforts to consult with the other party before issuing any other press release or otherwise making any public statement with respect to the Merger or this Agreement.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Bright Horizons Family Solutions Inc)

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