ACCESS AND COOPERATION; DUE DILIGENCE. (a) Between the date of this Agreement and the Closing Date, the COMPANY will afford to the officers and authorized representatives of HOLDING and the Other Founding Companies (including, without limitation, their respective counsel) reasonable access, during normal business hours and upon prior written notice, to all of the COMPANY's sites, properties, books and records and will furnish HOLDING with such additional financial and operating data and other information as to the business and properties of the COMPANY as HOLDING or the Other Founding Companies may from time to time reasonably request in connection with and related to the transactions contemplated by this Agreement and the Registration Statement. The COMPANY will cooperate with HOLDING and the Other Founding Companies and their respective representatives, including HOLDING's auditors and counsel, in the preparation of any documents or other material (including the Registration Statement) which may be required in connection with the transactions contemplated by this Agreement. HOLDING, NEWCO, the STOCKHOLDERS and the COMPANY will treat all information obtained in connection with the negotiation and performance of this Agreement or the due diligence investigations conducted with respect to the Other Founding Companies as confidential in accordance with the provisions of Section 14 hereof. In addition, HOLDING will cause each of the Other Agreements, binding each of the Other Founding Companies, to contain a provision similar to this Section 7.1 requiring each such Other Founding Company, its stockholders, directors, officers, representatives, employees and agents to keep confidential any information obtained by such Other Founding Company and to provide the COMPANY with reasonable access and information as will be provided by the COMPANY pursuant to this Section 7.1(a).
Appears in 9 contracts
Samples: Agreement and Plan of Organization (Enfinity Corp), Enfinity Corp, Enfinity Corp
