Common use of Shareholder Lists Clause in Contracts

Shareholder Lists. In connection with the Offer and the Merger, the Company shall use its reasonable best efforts to cause its transfer agent to furnish Sub promptly with mailing labels containing the names and addresses of the record holders of Company Common Stock as of the most recent practicable date and of those persons becoming record holders subsequent to such date, together with lists, copies of all lists of shareholders, security position listings, computer files and all other information in the Company’s possession or control (or which can be obtained by the Company without unreasonable effort or expense) regarding the beneficial owners of Company Common Stock, and shall furnish to Sub such information (including updated lists of shareholders, security position listings and computer files) and assistance as Parent or Sub may reasonably request in communicating the Offer to the record and beneficial holders of the Company Common Stock. Subject to the requirements of applicable Law, and except for such steps as are necessary to disseminate the Offer Documents and any other documents necessary to consummate the transactions contemplated by this Agreement, Parent and Sub shall hold in confidence the information contained in any such labels, lists, listings and files other than in connection with the Offer and the Merger and, if this Agreement shall be terminated, shall, upon request, deliver to the Company or destroy all copies of such information then in their possession or control in accordance with the Confidentiality Agreement.

Shareholder Lists. In connection with the Offer and the MergerOffer, the Company shall use its reasonable best efforts ----------------- promptly furnish to, or cause to cause its transfer agent to furnish be furnished to, Parent and Sub promptly with mailing labels any available listing or computer file containing the names and addresses of the record holders of shares of Series B Preferred Stock (and any other capital stock of the Company Common Stock and any securities convertible into or exchangeable for capital stock of the Company and any options, warrants or rights to purchase such stock or securities) as of the most a recent practicable date and of those persons becoming record holders subsequent to such datedate (to the extent available), together with lists, copies of all lists of shareholders, security position listings, computer files and all other information in the Company’s 's possession or control (or which can be obtained regarding the number of shares owned by the shareholders of the Company without unreasonable effort or expense) regarding the beneficial owners of Company Common Stock, and shall furnish to Parent and Sub with such information (including updated lists of shareholders, security position listings and computer files) and assistance as Parent Parent, Sub or Sub their respective agents may reasonably request in communicating the Offer to the record and beneficial holders of the Company Common shares of Series B Preferred Stock. Subject to the requirements of applicable Lawlaw, and except for such steps as are necessary to disseminate the Offer Documents and any other documents necessary to consummate the transactions contemplated by this AgreementOffer, Parent and Sub shall, and shall cause each of their affiliates to, hold in confidence the information contained in any of such labelslabels and lists in confidence, lists, listings and files other than use such information only in connection with the Offer and the Merger Offer, and, if this Agreement shall be is terminated, shall, upon request, deliver to the Company or destroy all copies of such information or extracts therefrom then in their possession or control in accordance with the Confidentiality Agreementunder their control.

Shareholder Lists. In connection with the Offer and the MergerOffer, the Company shall use its reasonable best efforts to cause its transfer agent to promptly furnish Merger Sub promptly with a list of the record holders of Shares and mailing labels containing the names and addresses of the all record holders of Company Common Stock Shares and lists of securities positions of Shares held in stock depositories, each as of the most recent practicable date and of those persons becoming record holders subsequent to such datepracticable, together with lists, copies of all lists of shareholders, security position listings, other available listings and computer files containing names, addresses and all other information in the Company’s possession or control (or which can be obtained by the Company without unreasonable effort or expense) regarding the security positions of record holders and non-objecting beneficial owners of Company Common Stock, Shares as of the most recent date practicable and shall promptly furnish to Merger Sub with such information (additional information, including updated lists of shareholdersthe holders of Shares, security position listings mailing labels and computer files) lists of securities positions, to the extent available, and such other assistance as Parent Merger Sub or Sub its agents may reasonably request in connection with the Offer and communicating the Offer to the record and beneficial holders of the Company Common StockShares. Subject to the requirements of applicable Lawlaw, and except for such steps as are necessary to disseminate the Offer Documents and any other documents necessary to consummate the transactions contemplated by this AgreementOffer or the Merger, Parent the Purchaser and Merger Sub shall and each of the Purchaser and Merger Sub shall cause its affiliates to (i) hold in confidence the all such information, (ii) use such information contained in any such labels, lists, listings and files other than only in connection with the Offer and the Merger and, and (iii) if this Agreement shall be terminatedterminated pursuant to Article VII, shall, upon request, deliver return all such information to the Company or destroy all copies of such information then in their possession or control in accordance with the Confidentiality AgreementCompany.