Common use of 8-K Filing Clause in Contracts

8-K Filing. On or before 8:30 a.m., New York Time, by the second (2nd) Business Day following the date hereof, the Company shall file a Current Report on Form 8-K describing the terms of the transactions contemplated by the Forbearance Agreements in the form required by the Securities Exchange Act of 1934, as amended, and attaching this Amendment (the “ 8-K Filing”). From and after the filing with the SEC of the 8-K Filing, the Company shall have disclosed any material nonpublic information delivered to the Investor by the Company or any of its Subsidiaries, or any of their respective officers, directors, employees or agents. The Company shall not, and shall cause each of its Subsidiaries and its and each of their respective officers, directors, employees and agents, not to, provide the Investor with any material, nonpublic information regarding the Company or any of its Subsidiaries from and after the 8-K Filing with the SEC without the express written consent of the Investor. Subject to the foregoing, neither the Company, its Subsidiaries nor the Investor shall issue any press releases or any other public statements with respect to the transactions contemplated hereby; provided, however, that the Company shall be entitled, without the prior approval of the Investor, to make any press release or other public disclosure with respect to such transactions (i) in substantial conformity with the 8-K Filing and contemporaneously therewith and (ii) as is required by applicable law and regulations (provided that in the case of clause (i) the Investor shall be consulted by the Company in connection with any such press release or other public disclosure prior to its release). Without the prior written consent of the Investor, neither the Company nor any of its Subsidiaries shall disclose the name of the Investor in any filing, announcement, release or otherwise.

8-K Filing. On The Company shall, on or before 8:30 a.m., New York TimeCity time, by on the second first (2nd1st) Business Day following business day after the date hereofof this Agreement, the Company shall file issue a Current Report on Form 8-K describing the disclosing all material terms of the transactions contemplated by the Forbearance Agreements in the form required by the Securities Exchange Act of 1934, as amended, hereby and attaching this Amendment Agreement, the New Notes, the New Warrant and the New Investor Note, as exhibits thereto (collectively with all exhibits attached thereto, the “ “8-K Filing”). From and after the filing with the SEC date of the 8-K Filing, the Company Holder shall have disclosed not be in possession of any material material, nonpublic information delivered to the Investor by received from the Company or any of its Subsidiaries, Subsidiaries or any of their respective officers, directors, employees employees, affiliates or agents, that is not disclosed in the 8-K Filing. The Company shall not, and shall cause each of its Subsidiaries and its and each of their respective officers, directors, employees employees, affiliates and agents, not to, provide the Investor Holder with any material, nonpublic information regarding the Company or any of its Subsidiaries from and after the 8-K Filing with the SEC without the express written consent of the InvestorHolder. Subject to To the foregoing, neither the Company, its Subsidiaries nor the Investor shall issue any press releases or any other public statements with respect to the transactions contemplated hereby; provided, however, extent that the Company shall be entitleddelivers any material, without non-public information to the prior approval of the Investor, to make any press release or other public disclosure with respect to such transactions (i) in substantial conformity with Holder from and after the 8-K Filing and contemporaneously therewith and (ii) as is required by applicable law and regulations (provided that in without the case of clause (i) the Investor shall be consulted by Holder’s express prior written consent, the Company in connection with hereby covenants and agrees that the Holder shall not have any such press release or other public disclosure prior duty of confidentiality to its release). Without the prior written consent of the InvestorCompany, neither the Company nor any of its Subsidiaries or any of their respective officers, directors, employees, affiliates or agent with respect to, or a duty to the to the Company, any of its Subsidiaries or any of their respective officers, directors, employees, affiliates or agent or not to trade on the basis of, such material, non-public information. The Company shall not disclose the name of the Investor Holder in any filing, announcement, release or otherwise, unless such disclosure is required by law or regulation. In addition, effective upon and after the 8-K Filing, the Company acknowledges and agrees that any and all confidentiality or similar obligations under any agreement, whether written or oral, between the Company, any of its subsidiaries or any of their respective officers, directors, affiliates, employees or agents, on the one hand, and the Holder or any of its affiliates, on the other hand, shall terminate and be of no further force or effect. The Company understands and confirms that the Holder will rely on the foregoing representations in effecting transactions in securities of the Company.

8-K Filing. On The Company shall, on or before 8:30 9:30 a.m., New York TimeCity time, by the second (2nd) Business Day following on the date hereofof this Agreement, the Company shall file issue a Current Report on Form 8-K describing the disclosing all material terms of the transactions contemplated by the Forbearance Agreements in the form required by the Securities Exchange Act of 1934, as amended, hereby and attaching this Amendment Agreement, as exhibits thereto (collectively with all exhibits attached thereto, the “ “8-K Filing”). From and after the filing with the SEC date of the 8-K Filing, the Company Investor shall have disclosed not be in possession of any material material, nonpublic information delivered to the Investor by received from the Company or any of its Subsidiaries, Subsidiaries or any of their respective officers, directors, employees employees, affiliates or agents, that is not disclosed in the 8-K Filing. The Company shall not, and shall cause each of its Subsidiaries and its and each of their respective officers, directors, employees employees, affiliates and agents, not to, provide the Investor with any material, nonpublic information regarding the Company or any of its Subsidiaries from and after the 8-K Filing with the SEC without the express written consent of the Investor. Subject to To the foregoing, neither the Company, its Subsidiaries nor the Investor shall issue any press releases or any other public statements with respect to the transactions contemplated hereby; provided, however, extent that the Company shall be entitleddelivers any material, without non-public information to the prior approval of the Investor, to make any press release or other public disclosure with respect to such transactions (i) in substantial conformity with Investor from and after the 8-K Filing without the Investor’s express prior written consent, the Company hereby covenants and contemporaneously therewith and (ii) as is required by applicable law and regulations (provided agrees that in the case of clause (i) the Investor shall be consulted by not have any duty of confidentiality to the Company in connection with any such press release or other public disclosure prior to its release). Without the prior written consent of the InvestorCompany, neither the Company nor any of its Subsidiaries or any of their respective officers, directors, employees, affiliates or agent with respect to, or a duty to the to the Company, any of its Subsidiaries or any of their respective officers, directors, employees, affiliates or agent or not to trade on the basis of, such material, non-public information. The Company shall not disclose the name of the Investor in any filing, announcement, release or otherwise, unless such disclosure is required by law or regulation. In addition, effective upon and after the 8-K Filing, the Company acknowledges and agrees that any and all confidentiality or similar obligations under any agreement, whether written or oral, between the Company, any of its subsidiaries or any of their respective officers, directors, affiliates, employees or agents, on the one hand, and the Investor or any of its affiliates, on the other hand, shall terminate and be of no further force or effect. The Company understands and confirms that the Investor will rely on the foregoing representations in effecting transactions in securities of the Company.