Common use of SEC Filing Clause in Contracts

SEC Filing. At or prior to 8:30 a.m. (New York City time) on the first (1st) Business Day following the date of this Amendment, the Borrower Representative shall file a Form 8-K with the SEC describing the terms of the transactions contemplated by this Amendment and the Term Amendment and including as exhibits to such Form 8-K this Amendment (including the exhibits and other documents attached hereto and thereto) and any related documents (such Form 8-K, the “Announcing Facility Amendment Form 8-K”) disclosing any other presently material non-public information (if any) provided or made available to any member of the Lender Group (or any such Lender Group member’s agents or representatives) on or prior to the filing of the Announcing Facility Amendment Form 8-K. Subject to the foregoing, no Loan Party will issue any press releases or any other public statements with respect to the transactions contemplated by this Amendment or the Term Amendment or disclosing the name of any member of the Lender Group; provided, however, that the Borrower Representative will be entitled, without the prior approval of any member of the Lender Group, to make any press release or other public disclosure with respect to such transactions (i) in substantial conformity with the Announcing Facility Amendment Form 8-K and contemporaneously therewith and (ii) as is required by Applicable Law and regulations (provided that each member of the Lender Group will be consulted by the Borrower Representative in connection with any such press release or other public disclosure prior to its release and will be provided with a copy thereof by the Borrower Representative other than filings required by the Exchange Act to be made with the SEC, which Borrower Representative may make without such consultation or notice). From and after the Borrower Representative’s filing of the Announcing Facility Amendment Form 8-K, no member of the Lender Group shall be in possession of any material nonpublic information received from the Borrower Representative, any other Loan Party or any of their Subsidiaries or Affiliates or any of its or their respective officers, directors, employees, attorneys, representatives or agents. Notwithstanding anything contained in this Amendment to the contrary and without implication that the contrary would otherwise be true, after giving effect to the filing of the Announcing Facility Amendment Form 8-K, the Borrower Representative expressly acknowledges and agrees that no member of the Lender Group shall have any duty of trust or confidence with respect to, or duty not to trade in any securities on the basis of, any information regarding the Borrowers that is otherwise possessed (or continued to be possessed) by any member of the Lender Group as a result of a breach of any of the covenants set forth in this Section 5.

SEC Filing. At or prior to 8:30 a.m. (New York City time) on the first (1st) Business Day following the date of this Amendment, the Borrower Representative shall file a Form 8-8- K with the SEC describing the terms of the transactions contemplated by this Amendment Amendment, the ABL Amendment, the Equity Financing Documents and the Term Amendment and Convertible Debenture Restructuring Documents, including as exhibits to such Form 8-K this Amendment (including the exhibits and other documents attached hereto and thereto) ), the ABL Amendment (and the documents required to be attached pursuant to the ABL Amendment), the form of Second Amendment First Out Waterfall Notes, the forms of Second Amendment Warrants, each of the Equity Financing Documents and each of the Convertible Debenture Restructuring Documents and any related documents (such Form 8-K, the “Announcing Facility Amendment Form 8-K”) and disclosing any other presently material non-public information (if any) provided or made available to any member of the Lender Group Secured Party (or any such Lender Group memberSecured Party’s agents or representatives) on or prior to the filing of the Announcing Facility Amendment Form 8-K. At or prior to 8:30 a.m. (New York City time) on the first (1st) Business Day following the earlier of the Second Amendment Effective Date and April 5, 2019, the Borrower shall file a Form 8-K with the SEC describing the consummation (or termination) of the transactions contemplated by this Amendment, the Equity Financing and the Convertible Debenture Restructuring (such Form 8-K, the “Closing Facility Amendment Form 8-K”) and disclosing and other presently material non-public information (if any) provided or made available to any Secured Party (or any such Secured Party’s agents or representatives) on or prior to the filing of the Closing Facility Amendment Form 8-K. Subject to the foregoing, no Loan Party will issue any press releases or any other public statements with respect to the transactions contemplated by this Amendment or the Term ABL Amendment or disclosing the name of any member of the Lender GroupSecured Party; provided, however, that the Borrower Representative will be entitled, without the prior approval of any member of the Lender GroupSecured Party, to make any press release or other public disclosure with respect to such transactions (i) in substantial conformity with the Announcing Facility Amendment Form 8-K or the Closing Facility Amendment 8-K and contemporaneously therewith and (ii) as is required by Applicable Law and regulations (provided that each member of the Lender Group Secured Party will be consulted by the Borrower Representative in connection with any such press release or other public disclosure prior to its release and will be provided with a copy thereof by the Borrower Representative Borrower, other than in the case of filings required by the Exchange Act to be made with the SEC, which Borrower Representative may make without such consultation or notice). From and after the Borrower RepresentativeBorrower’s filing of the Announcing Facility Amendment Form 8-K, no member of the Lender Group Secured Party shall be in possession of any material nonpublic information received from the Borrower RepresentativeBorrower, any other Loan Party or any of their Subsidiaries or Affiliates or any of its or their respective officers, directors, employees, attorneys, representatives or agents. Notwithstanding anything contained in this Amendment to the contrary and without implication that the contrary would otherwise be true, after giving effect to the filing of the Announcing Facility Amendment Form 8-K, the Borrower Representative expressly acknowledges and agrees that no member of the Lender Group Secured Party shall have any duty of trust or confidence with respect to, or duty not to trade in any securities on the basis of, any information regarding the Borrowers Borrower that is otherwise possessed (or continued to be possessed) by any member of the Lender Group Secured Party as a result of a breach of any of the covenants set forth in this Section 58.

SEC Filing. At On or prior to 8:30 a.m. (before 5:30 p.m., New York City time) , on the first (1st) Business Day trading day following the date of this Amendmenthereof, the Borrower Representative Company shall issue a press release and file a Current Report on Form 8-K with describing all the SEC describing the material terms of the transactions contemplated by this Amendment Agreement in the form required by the Exchange Act and attaching the Term Amendment and form of this Agreement (including as exhibits to such Form all attachments, the “8-K this Amendment (including Filing”). After the exhibits and other documents attached hereto and thereto) and any related documents (such Form issuance of the 8-KK Filing, the “Announcing Facility Amendment Form 8-K”) disclosing any other presently material Company shall have disclosed all material, non-public information (if any) provided or made available delivered to any member of the Lender Group (Warrant Holder by the Company, or any such Lender Group member’s of their respective officers, directors, employees or agents or representatives) on or prior to in connection with the transactions contemplated by this Agreement. In addition, effective upon the filing of the Announcing Facility Amendment Form 8-K. Subject K Filing, the Company acknowledges and agrees that any and all confidentiality or similar obligations under any agreement with respect to the foregoingtransactions contemplated by this Agreement or as otherwise disclosed in the 8-K Filing, no Loan Party will 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 any of the Warrant Holder or any of their affiliates, on the other hand, shall terminate. Neither the Company, its subsidiaries nor the Warrant Holder shall issue any other press releases or any other public statements with respect to the transactions contemplated by this Amendment or the Term Amendment or disclosing the name of any member of the Lender Grouphereby; provided, however, that the Borrower Representative will Company shall be entitled, without the prior approval of any member of the Lender GroupWarrant Holder, to make any a press release or other public disclosure with respect to such transactions (i) in substantial conformity with the Announcing Facility Amendment Form 8-K Filing and contemporaneously therewith and or (ii) as is required by Applicable Law applicable law and regulations (provided that each member regulations. Without the prior written consent of the Lender Group will Warrant Holder (which may be consulted granted or withheld in the Warrant Holder’s sole discretion), except as required by applicable law, the Borrower Representative Company shall not (and shall cause each of its Subsidiaries and affiliates to not) disclose the name of the Warrant Holder in connection with any such press filing, announcement, release or other public disclosure prior to its release and will be provided with a copy thereof by the Borrower Representative other than filings required by the Exchange Act to be made with the SEC, which Borrower Representative may make without such consultation or notice). From and after the Borrower Representative’s filing of the Announcing Facility Amendment Form 8-K, no member of the Lender Group shall be in possession of any material nonpublic information received from the Borrower Representative, any other Loan Party or any of their Subsidiaries or Affiliates or any of its or their respective officers, directors, employees, attorneys, representatives or agents. Notwithstanding anything contained in this Amendment to the contrary and without implication that the contrary would otherwise be true, after giving effect to the filing of the Announcing Facility Amendment Form 8-K, the Borrower Representative expressly acknowledges and agrees that no member of the Lender Group shall have any duty of trust or confidence with respect to, or duty not to trade in any securities on the basis of, any information regarding the Borrowers that is otherwise possessed (or continued to be possessed) by any member of the Lender Group as a result of a breach of any of the covenants set forth in this Section 5otherwise.

SEC Filing. At or prior to 8:30 a.m. (New York City time) on the first (1st) Business Day following the date of this Amendment, the Borrower Representative Endologix shall file a Form 8-8- K with the SEC describing the terms of the transactions contemplated by this Amendment Amendment, the Term Amendment, the Equity Financing Documents and the Term Amendment and Convertible Debenture Restructuring Documents, including as exhibits to such Form 8-K this Amendment (including the exhibits and other documents attached hereto and thereto) ), the Term Amendment (and the documents required to be attached pursuant to the Term Amendment), each of the Equity Financing Documents and each of the Convertible Debenture Restructuring Documents and any related documents (such Form 8-8- K, the “Announcing Facility Amendment Form 8-K”) and disclosing any other presently material non-public information (if any) provided or made available to any member of the Lender Group (or any such Lender Group member’s agents or representatives) on or prior to the filing of the Announcing Facility Amendment Form 8-K. At or prior to 8:30 a.m. (New York City time) on the first (1st) Business Day following the earlier of the Second Amendment Effective Date and April 5, 2019, the Borrower shall file a Form 8-K with the SEC describing the consummation (or termination) of the transactions contemplated by this Amendment, the Equity Financing and the Convertible Debenture Restructuring (such Form 8-K, the “Closing Facility Amendment Form 8-K”) and disclosing and other presently material non-public information (if any) provided or made available to any Secured Party (or any such Secured Party’s agents or representatives) on or prior to the filing of the Closing Facility Amendment Form 8-K. Subject to the foregoing, no Loan Party will issue any press releases or any other public statements with respect to the transactions contemplated by this Amendment or the Term Amendment or disclosing the name of any member of the Lender Group; provided, however, that the Borrower Representative Endologix will be entitled, without the prior approval of any member of the Lender Group, to make any press release or other public disclosure with respect to such transactions (i) in substantial conformity with the Announcing Facility Amendment Form 8-K or the Closing Facility Amendment 8-K and contemporaneously therewith and (ii) as is required by Applicable Law and regulations (provided that each member of the Lender Group will be consulted by the Borrower Representative Endologix in connection with any such press release or other public disclosure prior to its release and will be provided with a copy thereof by the Borrower Representative Endologix, other than in the case of filings required by the Exchange Act to be made with the SEC, which Borrower Representative Endologix may make without such consultation or notice). From and after the Borrower RepresentativeEndologix’s filing of the Announcing Facility Amendment Form 8-K, no member of the Lender Group shall be in possession of any material nonpublic information received from the Borrower RepresentativeEndologix, any other Loan Party or any of their Subsidiaries or Affiliates or any of its or their respective officers, directors, employees, attorneys, representatives or agents. Notwithstanding anything contained in this Amendment to the contrary and without implication that the contrary would otherwise be true, after giving effect to the filing of the Announcing Facility Amendment Form 8-K, the Borrower Representative Endologix expressly acknowledges and agrees that no member of the Lender Group shall have any duty of trust or confidence with respect to, or duty not to trade in any securities on the basis of, any information regarding the Borrowers Endologix that is otherwise possessed (or continued to be possessed) by any member of the Lender Group as a result of a breach of any of the covenants set forth in this Section 5.

SEC Filing. At or prior to 8:30 a.m. (New York City time) on the first (1st) Business Day following the date of this Amendment, the Borrower Representative shall file a Form 8-K with the SEC describing the terms of the transactions contemplated by this Amendment and the Term ABL Amendment and including as exhibits to such Form 8-K this Amendment (including the exhibits and other documents attached hereto and thereto) and any related documents (such Form 8-K, the “Announcing Facility Amendment Form 8-K”) disclosing any other presently material non-public information (if any) provided or made available to any member of the Lender Group Secured Party (or any such Lender Group memberSecured Party’s agents or representatives) on or prior to the filing of the Announcing Facility Amendment Form 8-K. Subject to the foregoing, no Loan Party will issue any press releases or any other public statements with respect to the transactions contemplated by this Amendment or the Term ABL Amendment or disclosing the name of any member of the Lender GroupSecured Party; provided, however, that the Borrower Representative will be entitled, without the prior approval of any member of the Lender GroupSecured Party, to make any press release or other public disclosure with respect to such transactions (i) in substantial conformity with the Announcing Facility Amendment Form 8-K and contemporaneously therewith and (ii) as is required by Applicable Law and regulations (provided that each member of the Lender Group Secured Party will be consulted by the Borrower Representative in connection with any such press release or other public disclosure prior to its release and will be provided with a copy thereof by the Borrower Representative other than filings required by the Exchange Act to be made with the SEC, which Borrower Representative may make without such consultation or notice). From and after the Borrower RepresentativeBorrower’s filing of the Announcing Facility Amendment Form 8-K, no member of the Lender Group Secured Party shall be in possession of any material nonpublic information received from the Borrower RepresentativeBorrower, any other Loan Party or any of their Subsidiaries or Affiliates or any of its or their respective officers, directors, employees, attorneys, representatives or agents. Notwithstanding anything contained in this Amendment to the contrary and without implication that the contrary would otherwise be true, after giving effect to the filing of the Announcing Facility Amendment Form 8-K, the Borrower Representative expressly acknowledges and agrees that no member of the Lender Group Secured Party shall have any duty of trust or confidence with respect to, or duty not to trade in any securities on the basis of, any information regarding the Borrowers Borrower that is otherwise possessed (or continued to be possessed) by any member of the Lender Group Secured Party as a result of a breach of any of the covenants set forth in this Section 5.