Common use of Confidentiality/Public Announcement Clause in Contracts

Confidentiality/Public Announcement. From the date of this Agreement and until the sooner of (i) two (2) years after the Closing Date, or (ii) until all the Shares, and Warrant Shares have been resold or transferred by all the Subscribers pursuant to the Registration Statement or pursuant to Rule 144, without regard to volume limitations, the Company agrees that except in connection with a Form 8-K or the Registration Statement, it will not disclose publicly or privately the identity of the Subscribers unless expressly agreed to in writing by a Subscriber or only to the extent required by law and then only upon five days prior notice to Subscriber. In any event and subject to the foregoing, the Company shall file a Form 8-K or make a public announcement describing the Offering not later than the first business day after the Closing Date. In the Form 8-K or public announcement, the Company will specifically disclose the amount of common stock outstanding immediately after the Closing.

Appears in 2 contracts

Samples: Subscription Agreement (Valcent Products Inc.), Subscription Agreement (Valcent Products Inc.)

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Confidentiality/Public Announcement. From the date of this Agreement and until the sooner of (i) two (2) years after the Closing Date, or (ii) until all the Shares, and Warrant Shares have been resold or transferred by all the Subscribers pursuant to the Registration Statement or pursuant to Rule 144, without regard to volume limitations, the Company agrees that except in connection with a Form 8-K or the Registration Statement, it will not disclose publicly or privately the identity of the Subscribers unless expressly agreed to in writing by a Subscriber or only to the extent required by law and then only upon five days prior notice to Subscriber. In any event and subject to the foregoing, the Company shall undertakes to file a Form 8-K or make a public announcement describing the Offering not later than the first fourth business day after the Closing Date. In the Form 8-K or public announcement, the Company will specifically disclose the amount of common stock outstanding immediately after the Closing.

Appears in 1 contract

Samples: Subscription Agreement (Celtron International Inc)

Confidentiality/Public Announcement. From the date of this Agreement and until the sooner of (i) two three (23) years after the Third Closing Date, or (ii) until all the Shares, and Warrant Shares have been resold or transferred by all the Subscribers pursuant to the Registration Statement or pursuant to Rule 144, without regard to volume limitations, the Company agrees that except in connection with a Form 8-K or the Registration StatementStatement or as otherwise required in any other Commission filing, it will not disclose publicly or privately the identity of the Subscribers unless expressly agreed to in writing by a Subscriber or Subscriber, only to the extent required by law and then only upon five days prior notice to Subscriber. In any event and subject to the foregoing, the Company shall file a Form 8-K or make a public announcement describing the Offering not later than the first business day after the Closing Date. In the Form 8-K or public announcement, the Company will specifically disclose the amount of common stock outstanding immediately after the Closing.. A form of the proposed public announcement to be employed in connection with the Closing is annexed hereto as Exhibit D.

Appears in 1 contract

Samples: Subscription Agreement (Kaire Holdings Inc)

Confidentiality/Public Announcement. From the date of this Agreement and until the sooner of (i) two (2) years after the Closing Date, or (ii) until all the Shares, Shares and Warrant Shares have been may be resold or transferred by all the Subscribers pursuant to the Registration Statement or pursuant to Rule 144, without regard to volume limitations, the Company agrees that except in connection with a Form 8-K or the Registration Statement, it will not disclose publicly or privately the identity of the Subscribers unless expressly agreed to in writing by a Subscriber or only to the extent required by law and then only upon five the greater of (x) ten days or (y) the maximum number of days permitted by law prior notice to Subscriber. In any event and subject to the foregoing, the Company shall undertakes to file a Form 8-K or make a public announcement describing the Offering not later than the first business day after the Closing Date. In the Form 8-K or public announcement, the Company will specifically disclose the amount of common stock outstanding immediately after the Closing.

Appears in 1 contract

Samples: Subscription Agreement (Swiss Medica Inc)

Confidentiality/Public Announcement. From the date of this Agreement and until the sooner of (i) two (2) years after the Closing Date, or (ii) until all the Shares, Shares and Warrant Shares have been resold or transferred by all the Subscribers pursuant to the Registration Statement or pursuant to Rule 144, without regard to volume limitations, the Company agrees that except in connection with a Form 8-K or the Registration Statement, it will not disclose publicly or privately the identity of the Subscribers unless expressly agreed to in writing by a Subscriber or only to the extent required by law and then only upon five days prior notice to SubscriberSubscriber provided such notice may be legally given. In any event and subject to the foregoing, the Company shall undertakes to file a Form 8-K or make a public announcement describing the Offering not later than 8:00 A.M. the first business day after following the Closing Date. In the Form 8-K or public announcement, the Company will specifically disclose the amount of common stock outstanding immediately after the Closing.

Appears in 1 contract

Samples: Subscription Agreement (Millennium Biotechnologies Group Inc)

Confidentiality/Public Announcement. From the date of this ----------------------------------- Agreement and until the sooner of (i) two (2) years after the Fourth Closing Date, or (ii) until all the Shares, and Warrant Shares have Common Stock has been resold or transferred by all the Subscribers Purchasers pursuant to the Registration Statement or pursuant to Rule 144, without regard to volume limitations, the Company agrees that except in connection with a Form 8-K or the Registration Statement, it will not disclose publicly or privately the identity of the Subscribers Purchasers unless expressly agreed to in writing by a Subscriber Purchaser or only to the extent required by law and then only upon five days prior notice to SubscriberPurchaser. In any event and subject to the foregoing, the Company shall undertakes to file a Form 8-K or make a public announcement describing the Offering not later than the first business day after the each Closing Date. In the Form 8-K or public announcement, the Company will specifically disclose the amount of common stock outstanding immediately after the each Closing.

Appears in 1 contract

Samples: Securities Purchase Agreement (Pathogenics, Inc.)

Confidentiality/Public Announcement. From the date of this Agreement and until the sooner of (i) two (2) years after the Closing Date, or (ii) until all the Shares, and Warrant Shares have been resold or transferred by all the Subscribers pursuant to the Registration Statement or pursuant to Rule 144, without regard to volume limitations, the Company agrees that except in connection with a Form 86-K or the Registration Statement, it will not disclose publicly or privately the identity of the Subscribers unless expressly agreed to in writing by a Subscriber or only to the extent required by law and then only upon five days prior notice to Subscriber. In any event and subject to the foregoing, the Company shall file a Form 86-K or make a public announcement describing the Offering not later than the first business day after the Closing Date. In the Form 86-K or public announcement, the Company will specifically disclose the amount of common stock outstanding immediately after the Closing.. A form of the proposed Form 8-K or public announcement to be employed in connection with the Offering is annexed hereto as Exhibit D.

Appears in 1 contract

Samples: Subscription Agreement (Valcent Products Inc.)

Confidentiality/Public Announcement. From the date of this Agreement and until the sooner of (i) two (2) years after the Closing Actual Filing Date, or (ii) until all the Shares, Shares and Warrant Shares have been resold or transferred by all the Subscribers pursuant to the Registration Statement or pursuant to Rule 144, without regard to volume limitationslimitation, the Company agrees that except in connection with a Form 8-K or the Registration Statement, it will not disclose publicly or privately the identity of the Subscribers unless expressly agreed to in writing by a Subscriber or only to the extent required by law and then only upon five ten days prior notice to Subscriber. In any event and subject to the foregoing, the Company shall undertakes to file a Form 8-form 8- K or make a public announcement describing the Offering not later than the first business day after immediately following the Initial Closing Date and Second Closing Date. In the Form each form 8-K or public announcement, the Company will specifically disclose the amount of common stock outstanding immediately after the each Closing.

Appears in 1 contract

Samples: Subscription Agreement (American Water Star Inc)

Confidentiality/Public Announcement. From the date of this Agreement and until the sooner of (i) two (2) years after the Closing Date, or (ii) until all the Shares, Shares and Warrant Shares have been resold or transferred by all the Subscribers pursuant to the Registration Statement or pursuant to Rule 144, without regard to volume limitations, the Company agrees that except in connection with a Form 8-K or the Registration Statement, it will not disclose publicly or privately the identity of the Subscribers unless expressly agreed to in writing by a Subscriber or only to the extent required by law and then only upon five ten days prior notice to Subscriber. In any event and subject to the foregoing, the Company shall undertakes to file a Form 8-K or make a public announcement describing the Offering not later than the first business trading day after following the Closing Date. In the Form 8-K or public announcement, the Company will specifically disclose the amount of common stock outstanding immediately after the Closing.

Appears in 1 contract

Samples: Subscription Agreement (Zynex Medical Holdings Inc)

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Confidentiality/Public Announcement. From the date of this Agreement and until the sooner later of (i) two (2) years after the Closing Date, or (ii) until all the Shares, and Warrant Interest Shares have been resold or transferred by all the Subscribers Subscriber pursuant to the Registration Statement or pursuant to Rule 144, without regard to volume limitations, the Company agrees that except in connection with a Form 8-K or the Registration StatementStatement or as otherwise required in any other Commission filing, it will not disclose publicly or privately the identity of the Subscribers Subscriber unless expressly agreed to in writing by a Subscriber or Subscriber, only to the extent required by law and then only upon five days prior notice to Subscriber. In any event and subject to the foregoing, the Company shall file a Form 8-K or make a public announcement describing the Offering not later than the first business day after the each Closing Date. In the Form 8-K or public announcement, the Company will specifically disclose the amount of common stock outstanding immediately after the Closing.

Appears in 1 contract

Samples: Subscription Agreement (NextMart Inc.)

Confidentiality/Public Announcement. From the date of this Agreement and until the sooner of (i) two (2) years after the Closing Date, or (ii) until all the Shares, and Warrant Shares have been resold or transferred by all the Subscribers pursuant to the Registration Statement or pursuant to Rule 144, without regard to volume limitations, the Company agrees that except in connection with a Form 8-K or the Registration Statement, it will not disclose publicly or privately the identity of the Subscribers unless expressly agreed to in writing by a Subscriber or only to the extent required by law and then only upon five days prior notice to Subscriber. In any event and subject to the foregoing, the Company shall file a Form 8-K or make a public announcement describing the Offering not later than the first business day after the Closing Date. In the Form 8-K or public announcement, the Company will specifically disclose the amount of common stock outstanding immediately after the Closing.. A form of the proposed Form 8-K or public announcement to be employed in connection with the Offering is annexed hereto as Exhibit D.

Appears in 1 contract

Samples: Subscription Agreement (Valcent Products Inc.)

Confidentiality/Public Announcement. From the date of this Agreement and until the sooner of (i) two (2) years after the Closing Date, or (ii) until all the Shares, and Warrant Shares have been resold or transferred by all the Subscribers pursuant to the Registration Statement or pursuant to Rule 144, without regard to volume limitations, the Company agrees that except in connection with a Form 8-K or the Registration StatementStatement or as otherwise required in any other Commission filing, it will not disclose publicly or privately the identity of the Subscribers unless expressly agreed to in writing by a Subscriber or only Subscriber, except to the extent required by law and then only upon five days prior notice to Subscriber. In any event and subject to the foregoing, the Company shall file a Form 8-K or make a public announcement describing the Offering not later than the first third business day after the Closing Date. In the Form 8-K or public announcement, the Company will specifically disclose the amount of common stock outstanding immediately after the Closing.

Appears in 1 contract

Samples: Subscription Agreement (MedaSorb Technologies CORP)

Confidentiality/Public Announcement. From the date of this Agreement and until the sooner of (i) two (2) years after the Closing Date, or (ii) until all the Shares, and Warrant Shares have been resold or transferred by all the Subscribers pursuant to the Registration Statement or pursuant to Rule 144, without regard to volume limitationslimitation and no sum remains outstanding under the Note, the Company agrees that except in connection with a Form 8-K or the Registration Statement, it will not disclose publicly or privately the identity of the Subscribers unless expressly agreed to in writing by a Subscriber or only to the extent required by law and then only upon five days prior notice to Subscriber. In any event and subject to the foregoing, the Company shall undertakes to file a Form 8-K or make a public announcement describing the Offering not later than the first business day after the Closing Date. In the Form 8-K or public announcement, the Company will specifically disclose the amount of common stock outstanding immediately after the Closing.

Appears in 1 contract

Samples: Subscription Agreement (Swiss Medica Inc)

Confidentiality/Public Announcement. From the date of this Agreement and until the sooner of (i) two (2) years after the Closing Date, or (ii) until all the Shares, Shares and Warrant Shares have been resold or transferred by all the Subscribers pursuant to the Registration Statement or pursuant to Rule 144, without regard to volume limitations, the Company agrees that except in connection with a Form 8-K or the Registration Statement, it will not disclose publicly or privately the identity of the Subscribers unless expressly agreed to in writing by a Subscriber or only to the extent required by law and then only upon five days prior notice to Subscriber. In any event and subject to the foregoing, the Company shall undertakes to file a Form 8-K or make a public announcement describing the Offering not later than the first business day after the Closing Date. In the Form 8-K or public announcement, the Company will specifically disclose the amount of common stock outstanding immediately after the each Closing.

Appears in 1 contract

Samples: Subscription Agreement (American Oriental Bioengineering Inc)

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