Common use of Public Disclosure Clause in Contracts

Public Disclosure. Parent and Company will consult with each other and agree before issuing any press release or otherwise making any public statement with respect to the Merger, this Agreement or an Acquisition Proposal and will not issue any such press release or make any such public statement prior to such agreement, except as may be required by law or any listing agreement with a national securities exchange, in which case reasonable efforts to consult with the other party will be made prior to any such release or public statement. The parties have agreed to the text of the joint press release announcing the signing of this Agreement.

Appears in 12 contracts

Samples: Agreement and Plan of Merger (Spyglass Inc), Agreement and Plan of Merger (Peregrine Systems Inc), Agreement and Plan of Reorganization (Webvan Group Inc)

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Public Disclosure. Parent and the Company will consult with each other other, and agree to the extent practicable, agree, before issuing any press release or otherwise making any public statement with respect to the Merger, this Agreement or an Acquisition Proposal and will not issue any such press release or make any such public statement prior to such agreementconsultation, except as may be required by law or any listing agreement with a national securities exchange, in which case reasonable efforts to consult with the other party will be made prior to any such release or public statement. The parties have agreed to the text of the joint press release announcing the signing of this Agreement.

Appears in 5 contracts

Samples: Agreement and Plan of Merger (Art Technology Group Inc), Agreement and Plan of Merger (Progress Software Corp /Ma), Agreement and Plan of Merger (Primus Knowledge Solutions Inc)

Public Disclosure. Parent and Company will consult with each other other, and agree to the extent practicable, agree, before issuing any press release or otherwise making any public statement with respect to the Merger, this Agreement or an Acquisition Proposal and will not issue any such press release or make any such public statement prior to such agreementconsultation, except as may be required by law or any listing agreement with a national securities exchange, in which case reasonable efforts to consult with the other party will be made prior to any such release or public statement. The parties have agreed to the text of the joint press release announcing the signing of this Agreement.

Appears in 4 contracts

Samples: Agreement and Plan of Merger (Network Solutions Inc /De/), Agreement and Plan of Reorganization (Atl Products Inc), Agreement and Plan of Reorganization (Forte Software Inc \De\)

Public Disclosure. Parent and Company will consult with each other other, and agree to the extent practicable, agree, before issuing any press release or otherwise making any public statement with respect to the Merger, this Agreement or an any Acquisition Proposal and will not issue any such press release or make any such public statement prior to such agreementconsultation, except as may be required by law or any listing agreement with a national securities exchange, in which case reasonable efforts to consult with the other party will be made prior to any such release or public statement. The parties have agreed to the text of the joint press release announcing the signing of this Agreement.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Neoforma Com Inc), Agreement and Plan of Merger (Eclipsys Corp), Agreement and Plan of Merger (Eclipsys Corp)

Public Disclosure. Parent and the Company will shall consult with each other and agree before issuing any press release or otherwise making any public statement with respect to the Merger, Merger or this Agreement or an Acquisition Proposal and will shall not issue any such press release or make any such public statement prior to such agreementconsultation, except as may be required by law or any listing agreement with a national securities exchange, in which case exchange or the Nasdaq National Market (but such party shall use its reasonable best efforts to consult with the other party will be made prior as to any all such release or public statement. The parties have agreed to the text of the joint press release announcing the signing of this Agreementannouncements).

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Career Education Corp), Agreement and Plan of Merger (Career Education Corp), Agreement and Plan of Merger (California Culinary Academy Inc)

Public Disclosure. Parent and the Company will consult with each other other, and agree to the extent practicable, agree, before issuing any press release or otherwise making any public statement with respect to the Merger, this Agreement or an Acquisition Proposal and will not issue any such press release or make any such public statement prior to such agreementconsultation, except as may be required by law or any listing agreement with a national securities exchangeexchange or Nasdaq, in which case reasonable efforts to consult with the other party will be made prior to any such release or public statement. The parties have agreed will agree to the text of the joint press release announcing the signing of this Agreement.

Appears in 2 contracts

Samples: Agreement and Plan of Reorganization (GeoPharma, Inc.), Agreement and Plan of Reorganization (Dynamic Health Products Inc)

Public Disclosure. Parent and Company will consult with each other other, and agree to the extent practicable, agree, before issuing any press release or otherwise making any public statement with respect to the Merger, Merger and this Agreement or an Acquisition Proposal and will not issue any such press release or make any such public statement prior to such agreementconsultation, except as may be required by law or any listing agreement with a national securities exchange, the NYSE (in which the case reasonable efforts to consult with of Company) or Nasdaq (in the other party will be made prior to any such release or public statement. The parties have agreed to the text case of the joint press release announcing the signing of this AgreementParent).

Appears in 2 contracts

Samples: Agreement and Plan of Reorganization (Sci Systems Inc), Agreement and Plan of Reorganization (Sanmina Corp/De)

Public Disclosure. Parent and Company will consult with each other other, and agree to the extent practicable, agree, before issuing any press release or otherwise making any public statement with respect to the Merger, this Agreement or an Acquisition Proposal and will not issue any such press release or make any such public statement prior to such agreementconsultation, except as may be required by law or any listing agreement with a national securities exchangeexchange or quotation system (including Nasdaq), in which case reasonable efforts to consult with the other party will be made prior to any such release or public statement. The parties have agreed to the text of the joint press release announcing the signing of this Agreement.

Appears in 2 contracts

Samples: Agreement and Plan of Merger and Reorganization (Accord Networks LTD), Agreement and Plan of Merger and Reorganization (Polycom Inc)

Public Disclosure. Without limiting any other provision of this Agreement, Parent and the Company will consult with each other before issuing, and provide each other the opportunity to review and comment upon and use all reasonable efforts to agree before issuing on any press release or otherwise making any public statement with respect to the Merger, this Agreement or an and the transactions contemplated hereby, including the Offer, the Merger and any Acquisition Proposal and will not issue any such press release or make any such public statement prior to such consultation and (to the extent practicable) agreement, except as may be required by law or any listing agreement with a national securities exchange, in which case reasonable efforts to consult with the other party will be made prior to any such release or public statement. The parties have agreed to the text requirement of the joint press release announcing the signing of this AgreementNasdaq.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Excel Technology Inc), Agreement and Plan of Merger (Gsi Group Inc)

Public Disclosure. Parent and Company will consult with each other and agree before issuing any press release or otherwise making any public statement with respect to the Merger, Merger or this Agreement or an Acquisition Proposal and will not issue any such press release or make any such public statement prior to such agreement, except as may be required by law or any listing agreement with a national securities exchange, in which case reasonable efforts to consult with the other party will be made prior to any such release or public statement. The parties have agreed to the text of the joint press release announcing the signing of this Agreement.

Appears in 2 contracts

Samples: Escrow Agreement (MSC Software Corp), Agreement and Plan of Merger (Digital Insight Corp)

Public Disclosure. Parent and Company will consult with each other ----------------- and agree before issuing any press release or otherwise making any public statement with respect to the Merger, this Agreement or an Acquisition Proposal and will not issue any such press release or make any such public statement prior to such agreement, except as may be required by law or any listing agreement with a national securities exchange, in which case reasonable efforts to consult with the other party will be made prior to any such release or public statement. The parties have agreed to the text of the joint press release announcing the signing of this Agreement.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Opentv Corp), Agreement and Plan of Reorganization (Netopia Inc)

Public Disclosure. Parent and the Company will consult with each other other, and agree to the extent practicable, agree, before issuing any press release or otherwise making any public statement with respect to the Merger, this Agreement or an Acquisition Proposal and will not issue any such press release or make any such public statement prior to such agreementconsultation, except as may be required by law or any listing agreement with a national securities exchangethe American Stock Exchange or the Nasdaq Stock Market, in which case reasonable efforts to consult with the other party will be made prior to any such release or public statement. Inc. The parties hereto have agreed to the text of the joint press release announcing the signing of this Agreement.

Appears in 2 contracts

Samples: Agreement and Plan of Reorganization (Cholestech Corporation), Agreement and Plan of Reorganization (Inverness Medical Innovations Inc)

Public Disclosure. Parent and Company will consult with each other and agree before issuing any press release or otherwise making any public statement with respect to the Merger, this Agreement or an Acquisition Proposal and will not issue any such press release or make any such public statement prior to such agreementconsultation, except as may be required by law (including fiduciary duty) or any listing agreement with a national NASD requirements for companies whose securities exchange, in which case reasonable efforts to consult with the other party will be made prior to any such release or public statement. The parties have agreed to the text of the joint press release announcing the signing of this Agreementare traded on Nasdaq.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Mail Com Inc), Agreement and Plan of Merger (Mail Com Inc)

Public Disclosure. Parent and the Company will consult with each other and agree before issuing any press release or otherwise making any public statement with respect to the Merger, this Agreement or an Acquisition a Takeover Proposal and will not issue any such press release or make any such public statement prior to such agreement, except as may be required by law or any listing agreement with a national securities exchangeexchange or with Nasdaq, in which case reasonable efforts to consult with the other party will be made prior to any such release or public statement. The parties have agreed to the text of the joint press release announcing the signing of this Agreement.

Appears in 2 contracts

Samples: Agreement and Plan of Merger and Reorganization (Medjet Inc), Agreement and Plan of Merger and Reorganization (Visx Inc)

Public Disclosure. Parent and Company will consult with each other other, and agree to the extent practicable, agree, before issuing any press release or otherwise making any public statement with respect to the MergerArrangement, this Agreement or an Acquisition Proposal and will not issue any such press release or make any such public statement prior to such agreementconsultation, except as may be required by law or any listing agreement with a national securities exchange, in which case reasonable efforts to consult with the other party will be made prior to any such release or public statement. The parties have agreed will agree to the text of the joint press release announcing the signing of this Agreement.

Appears in 2 contracts

Samples: Voting Agreement (Peregrine Systems Inc), Acquisition Agreement (Peregrine Systems Inc)

Public Disclosure. Parent and Company will consult with each other other, and agree to the extent practicable, agree, before issuing any press release or otherwise making any public statement with respect to the Merger, this Agreement or an Acquisition Proposal and will not issue any such press release or make any such public statement prior to such agreementconsultation, except as may be required by law or any listing agreement with a national securities exchange, in which case reasonable efforts to consult with the other party will be made prior to any such release exchange or public statementNasdaq. The parties have agreed to the text of the joint press release announcing the signing of this Agreement.. 5.6

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Truevision Inc)

Public Disclosure. Parent and Company will consult with each other ----------------- other, and agree to the extent practicable, agree, before issuing any press release or otherwise making any public statement with respect to the Merger, this Agreement or an Acquisition Proposal and will not issue any such press release or make any such public statement prior to such agreementconsultation, except as may be required by law or any listing agreement with a national securities exchangeexchange or Nasdaq, in which case reasonable efforts to consult with the other party will be made prior to any such release or public statement. The parties have agreed to the text of the joint press release announcing the signing of this Agreement.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Microchip Technology Inc)

Public Disclosure. Parent and Company will consult with each other other, and agree to the extent practicable, agree, before issuing any press release or otherwise making any public statement with respect to the Merger, this Agreement or an Acquisition Proposal and will not issue any such press release or make any such public statement prior to such agreementconsultation, except as may be required by law or any listing agreement with a national securities exchangeexchange or Nasdaq, in which case reasonable efforts to consult with the other party will be made prior to any such release or public statement. The parties have agreed to the text of the joint press release announcing the signing of this Agreement.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Go2net Inc)

Public Disclosure. Parent and Company will consult with each other other, and agree to the extent practicable, agree, before issuing any press release or otherwise making any public statement with respect to the Merger, this Agreement or an Acquisition Alternative Proposal and will not issue any such press release or make any such public statement prior to such agreementconsultation, except as may be required by law or any listing agreement with a national securities exchange, in which case reasonable efforts to consult with the other party will be made prior to any such release or public statement. The parties have agreed to the text of the joint press release announcing the signing of this Agreement.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Network General Corporation)

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Public Disclosure. (a) Parent and Company will consult with each other other, and agree to the extent practicable, agree, before issuing any press release or otherwise making any public statement with respect to the Merger, this Agreement or an Acquisition Proposal and will not issue any such press release or make any such public statement prior to such agreementconsultation, except as may be required by law or any listing agreement with a national securities exchange, in which case reasonable efforts to consult with the other party will be made prior to any such release or public statement. The parties have agreed to the text of the joint press release announcing the signing of this Agreement.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Informix Corp)

Public Disclosure. Parent and the Company will consult with each other other, and agree to the extent practicable, agree, before issuing any press release or otherwise making any public statement with respect to the Merger, this Agreement or an Acquisition Proposal and will not issue any such press release or make any such public statement prior to such agreementconsultation, except as may be required by law or any listing agreement with a national securities exchange, in which case reasonable efforts to consult with the other party will be made prior to any such release or public statement. The parties have agreed to the text of the joint press release announcing the signing execution of this Agreement.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Inverness Medical Innovations Inc)

Public Disclosure. Parent and Company will consult with each other other, and agree to the extent practicable, agree, before issuing any press release or otherwise making any public statement with respect to the Merger, this Agreement or an Acquisition Proposal and will not issue any such press release or make any such public statement prior to such agreementconsultation, except as may be required by law or any listing agreement with a national securities exchange, in which case reasonable efforts to consult with the other party will be made prior to any such release exchange or public statementNasdaq. The parties have agreed to the text of the joint press release announcing the signing of this Agreement.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Red Brick Systems Inc)

Public Disclosure. Without limiting any other provision of this Agreement, Parent and the Company will consult with each other before issuing, and provide each other the opportunity to review, comment upon and concur with, and agree before issuing on any press release or otherwise making any public statement with respect to the Merger, this Agreement or an and the transactions contemplated hereby, including the Merger and any Acquisition Proposal and will not issue any such press release or make any such public statement prior to such consultation and agreement, except as may be required by law applicable Legal Requirement or the applicable rules or regulations of any listing agreement with a national securities stock exchange, in which case reasonable efforts to consult with the other party will be made prior to any such release or public statement. The parties have agreed to the text of the joint press release announcing the signing of this Agreement.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Towers Watson & Co.)

Public Disclosure. Parent and Company will consult with each other other, and agree to the extent practicable, agree, before issuing any press release or otherwise making any public statement with respect to the Merger, this Agreement or an Acquisition Proposal and will not issue any such press release or make any such public statement prior to such agreementconsultation, except as may be required by law or any listing agreement with a national securities exchange, in which case reasonable efforts to consult with by the other party will be made prior to any such release or public statementrules of the Nasdaq Stock Market. The parties have agreed to the text of the joint press release announcing the signing of this Agreement.

Appears in 1 contract

Samples: Agreement and Plan of Merger and Reorganization (Appnet Inc /De/)

Public Disclosure. Parent and the Company will attempt to consult with each other other, and agree to the extent practicable, agree, before issuing any press release or otherwise making any public statement with respect to the Merger, this Agreement or an any Acquisition Proposal and will not issue any such press release or make any such public statement prior to such agreementconsultation, except as may be required by law or any listing agreement with a national securities exchange, in which case reasonable efforts to consult with the other party will be made prior to any such release or public statement. The parties have agreed to the text of the joint press release announcing the signing of this Agreement.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Mede America Corp /)

Public Disclosure. The Parent and the Company will consult with each other and agree before issuing any press release or otherwise making any public statement with respect to the Merger, this Agreement or an Acquisition Proposal and will not issue any such press release or make any such public statement without the prior to such agreementconsent of the other party, except as may be required by law or any listing agreement with a national securities exchange, in which case reasonable efforts to consult with exchange or the other party will be made prior to any such release or public statement. The parties have agreed to NASDAQ Over the text of the joint press release announcing the signing of this AgreementCounter Bulletin Board.

Appears in 1 contract

Samples: Agreement and Plan of Merger (K2 Digital Inc)

Public Disclosure. Parent and the Company will shall consult with each other other, and agree agree, before issuing any press release or otherwise making any public statement with respect to this Agreement, the Merger, this Agreement the other party or an parties hereto, or any Acquisition Proposal Proposal, and will shall not issue any such press release or make any such public statement prior to such agreementconsultation, except as may be required by applicable law or any listing agreement with a national securities exchangeexchange or the Nasdaq, in which case reasonable efforts to consult with the other party will be made prior to any such release or public statement. The parties have agreed to the text of the joint press release announcing the signing of this Agreement.

Appears in 1 contract

Samples: Agreement and Plan of Merger and Reorganization (Peregrine Systems Inc)

Public Disclosure. Parent and Company will consult with each other and ----------------- agree before issuing any press release or otherwise making any public statement with respect to the Merger, this Agreement or an Acquisition Proposal and will not issue any such press release or make any such public statement prior to such agreement, except as may be required by law or any listing agreement with a national securities exchange, in which case reasonable efforts to consult with the other party will be made prior to any such release or public statement. The parties have agreed to the text of the joint press release announcing the signing of this Agreement.

Appears in 1 contract

Samples: Employment Agreement (Digital Insight Corp)

Public Disclosure. Parent and Company will consult with each other other, and agree to the extent practicable, agree, before issuing any press release or otherwise making any public statement with respect to the Merger, Merger or this Agreement or an Acquisition Proposal and will not issue any such press release or make any such public statement prior to such agreementconsultation, except as may be required by law or any listing agreement with a national securities exchange, in which case reasonable efforts to consult with the other party will be made prior to any such release exchange or public statementNasdaq. The parties have agreed to the text of the joint press release announcing the signing of this Agreement.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Kaynar Technologies Inc)

Public Disclosure. Parent and Company will consult with each other and agree before issuing any press release or otherwise making any public statement with respect to the Merger, this Agreement or an Acquisition Proposal and will not issue any such press release or make any such public statement prior to such agreement, except as may be required by law or any listing agreement Parent to comply with a national federal and state securities exchange, in which case reasonable efforts to consult with the other party will be made prior to any such release or public statement. The parties have agreed to the text of the joint press release announcing the signing of this Agreementlaws.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Pharmafrontiers Corp)

Public Disclosure. Without limiting any other provision of this Agreement, Parent and the Company will consult with each other before issuing, and provide each other the opportunity to review, comment and agree before issuing upon any press release or otherwise making any public statement with respect to the Merger, this Agreement or an and the transactions contemplated hereby, including the Merger and any Acquisition Proposal and will not issue any such press release or make any such public statement prior to providing such agreement, except as may be required by law or any listing agreement with a national securities exchange, in which case reasonable efforts to consult with the other party will be made prior to any such release or public statementopportunity. The parties have agreed to the text of the joint press release announcing the signing of this Agreement.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Green Mountain Coffee Roasters Inc)

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