Common use of Disclosure of Financial Terms Clause in Contracts

Disclosure of Financial Terms. Except (i) as required by law, (ii) subject to the next sentence of this Article 13.2, to another Person in connection with a proposed merger, acquisition, or sale of all or substantially all of the assets of the disclosing party, and/or (iii) subject to the next sentence of this Article 13.2, to investment bankers and/or financing sources in connection with bona fide financing transactions involving Reliant or an Affiliate, neither party shall disclose to any third party, whether publicly or otherwise, any financial terms of this Agreement which have not been previously disclosed publicly pursuant to this Article 13.2 without the prior written consent of the other party, which consent shall not be unreasonably withheld or delayed. Notwithstanding anything to the contrary in this Agreement, under no circumstances shall Reliant directly or indirectly disclose any financial terms of this Agreement, which have not been previously disclosed publicly pursuant to this Article 13.2, (A) to any Competitor, or (B) to any pharmaceutical contract sales force organization. In disclosing any information covered by this Article 13.2(a) pursuant to a requirement of law, whether in connection with an Approved Transaction or otherwise, each party will notify the other of the proposed disclosure and each party will use its reasonable efforts to secure confidential treatment from the applicable governmental authority when requested by such other party and (b) in connection with disclosure permitted by clauses (ii) and/or (iii) of this Article 13.2, Reliant will require the party to whom it discloses such information to enter into a confidentiality agreement including terms with respect to disclosure of the financial terms of this Agreement not less strict than those set forth in Schedule 13.2 attached hereto for a period ending not earlier than termination or expiration of the Term. Reliant will use reasonable commercial efforts to enforce its rights under any such confidentiality agreement.

Appears in 5 contracts

Samples: Promotion Agreement (Reliant Pharmaceuticals, Inc.), Promotion Agreement (Reliant Pharmaceuticals, Inc.), Promotion Agreement (Reliant Pharmaceuticals, Inc.)

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