Public Materials. Borrowers hereby acknowledges that (a) the Administrative Agent will make available to the Lenders materials and/or information provided by or on behalf of Loan Parties hereunder (collectively, “Borrower Materials”) by posting the Borrower Materials on any E-System and (b) certain of the Lenders (each, a “Public Lender”) may have personnel who do not wish to receive material non-public information with respect to Holdings or its Subsidiaries, or the respective securities of any of the foregoing, and who may be engaged in investment and other market-related activities with respect to such Persons’ securities. Borrowers hereby agree that so long as a Loan Party is the issuer of any outstanding debt or equity securities that are registered or issued pursuant to a Rule 144A private offering or is actively contemplating issuing any such securities it will, if requested by the Administrative Agent, use commercially reasonable efforts to identify that portion of the Borrower Materials that may be distributed to the Public Lenders and that (w) all such Borrower Materials shall be clearly and conspicuously marked “PUBLIC” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (x) by marking Borrower Materials “PUBLIC,” the Loan Parties shall be deemed to have authorized the Administrative Agent and the Lenders to treat such Borrower Materials as not containing any material non-public information (although it may be sensitive and proprietary) with respect to any Loan Party or its securities for purposes of United States Federal and state securities laws (provided, however, that to the extent such Borrower Materials constitute Information, they shall be treated as set forth in Section 12.08); (y) all Borrower Materials marked “PUBLIC” are permitted to be made available through a portion of any E-System designated “Public Side Information”; and (z) the Administrative Agent shall treat any Borrower Materials that are not marked “PUBLIC” as being suitable only for posting on a portion of any E-System not designated “Public Side Information.” Notwithstanding the foregoing, Borrowers shall be under no obligation to xxxx the Borrower Materials “PUBLIC.”
Public Materials. All materials intended for public dissemination which are distributed or made available by the Funds to UBS-FS personnel have been submitted to and cleared by the United States Securities and Exchange Commission or the Financial Industry Regulatory Authority (“FINRA”), as appropriate for use by a FINRA member, and comply with applicable laws, rules, and regulations.
Public Materials. All materials intended for public dissemination which are distributed or made available by you to UBS Financial Services personnel have been submitted to and cleared by the United States Securities and Exchange Commission or the National Association of Securities Dealers, Inc., unless exempt from filing under NASD Rules, as appropriate for use by an NASD member, and comply with applicable laws, rules and regulations.
Public Materials. All materials intended for public dissemination which are distributed or made available by you to PaineWebber personnel have been submitted to and cleared by the United States Securities and Exchange Commission or the National Association of Securities Dealers, Inc., as appropriate for use by an NASD member, and comply with applicable laws, rules and regulations.
Public Materials. All materials intended for public distribution which are distributed or made available by the Company to PaineWebber personnel have, where applicable, been submitted are to and cleared or approved by the United States Securities and Exchange Commission, the National Association of Securities Dealers, Inc., or any state insurance or securities regulatory agencies as appropriate, and comply with all applicable laws, rules and regulations.
Public Materials. Final Report Consultant shall develop materials to be posted on the Project Website to distribute and explain conclusions of the Final Report.
Public Materials. Any technical manuals, training methods and the like funded under this Alliance should be freely available to the public. HUBBA will ensure such access. The CREATE communication and branding strategy, requirements, roles and responsibilities can be found in Annex C. The collaborators must fulfill all relevant obligations under international arrangements on intellectual property (IP) and biological resources (for example, the Convention on Biological Diversity). Information regarding varieties acquired during the project is regarded by HUBBA as public information and therefore can be shared freely.
Public Materials. All materials intended for public dissemination which are distributed or made available by you to Xxxxx Xxxxxx personnel (a) have been submitted to and cleared by the United States Securities and Exchange Commission and/or (b) have been submitted to the National Association of Securities Dealers, Inc. and all necessary changes will be made to satisfy all applicable standards upon reprinting of such materials.
