Common use of Access to Information; Confidentiality; Public Announcements Clause in Contracts

Access to Information; Confidentiality; Public Announcements. (a) Subject to the Confidentiality Agreement and subject to applicable Law, each of Battery and RH shall, and shall cause its Subsidiaries to, afford to the other party and to the directors, officers, employees, consultants, accountants, counsel, advisors and other agents and representatives of such other party (collectively, “Representatives”), reasonable access at all reasonable times during normal business hours on reasonable notice prior to the Effective Time to all their respective properties, books, Contracts, commitments, personnel and records (provided that such access shall not unreasonably interfere with the business or operations of such party) and, during such period, each of Battery and RH shall, and shall cause its Subsidiaries to, furnish promptly to the other party all information concerning its business, properties and personnel as such other party may reasonably request; provided, that nothing in this Section 6.6(a) or Section 6.6(b) shall require a party to provide any access, or to disclose any information, if permitting such access or disclosing such information would (i) violate applicable Law, (ii) violate any of its obligations with respect to confidentiality (provided that such party shall, upon the request of the other party, use its reasonable best efforts to obtain the required consent of any third party to such access or disclosure) or (iii) result in the loss of attorney-client or similar privilege (provided that such party shall use its reasonable best efforts to allow for such access or disclosure in a manner that does not result in a loss of attorney-client privilege). No review pursuant to this Section 6.6 shall affect or be deemed to modify any representation or warranty contained herein, the covenants or agreements of the parties hereto or the conditions to the obligations of the parties hereto under this Agreement.

Access to Information; Confidentiality; Public Announcements. (a) Subject to the Confidentiality Agreement and subject to applicable Law, during the period from the date of this Agreement until the earlier of the Closing or the termination of this Agreement pursuant to its terms, each of Battery OUTD and RH IM shall, and shall cause its Subsidiaries to, afford to the other party and to the directors, officers, employees, consultants, accountants, counsel, advisors and other agents and representatives of such other party (collectively, “Representatives”), reasonable access at all reasonable times during normal business hours on reasonable notice prior to the Effective Time to all their respective properties, books, Contracts, commitments, personnel and records (provided that such access shall not unreasonably interfere with the business or operations of such party) and, during such period, each of Battery OUTD and RH IM shall, and shall cause its Subsidiaries to, furnish promptly to the other party all information concerning its business, properties and personnel personnel, in each case, as such other party may reasonably request; provided, that nothing in this Section 6.6(a6.5(a) or Section 6.6(b6.5(b) shall require a party to provide any access, or to disclose any information, if permitting such access or disclosing such information would reasonably be expected to (i) violate applicable Law, (ii) violate any of its obligations with respect to confidentiality (provided that such party shall, upon the request of the other party, shall use its reasonable best efforts to obtain the required consent of any third party to such access or disclosuredisclosure in a manner that would not violate such obligations) or (iii) result in the loss of attorney-client or similar privilege (provided that such party shall use its reasonable best efforts to allow for such access or disclosure in a manner that does not result in a loss of attorney-client privilege). No review pursuant to this Section 6.6 6.5 shall affect or be deemed to modify any representation or warranty contained herein, the covenants or agreements of the parties hereto or the conditions to the obligations of the parties hereto under this Agreement.

Access to Information; Confidentiality; Public Announcements. (a) Subject to the Confidentiality Agreement and subject to applicable Law, during the period from the date of this Agreement until the earlier of the Closing or the termination of this Agreement pursuant to its terms, each of Battery OUTD and RH Parent shall, and shall cause its Subsidiaries to, afford to the other party and to the directors, officers, employees, consultants, accountants, counsel, advisors and other agents and representatives of such other party (collectively, “Representatives”), reasonable access at all reasonable times during normal business hours on reasonable notice prior to the Effective Time to all their respective properties, books, Contracts, commitments, personnel and records (provided that such access shall not unreasonably interfere with the business or operations of such party) and, during such period, each of Battery OUTD and RH Parent shall, and shall cause its Subsidiaries to, furnish promptly to the other party all information concerning its business, properties and personnel personnel, in each case, as such other party may reasonably request; provided, that nothing in this Section 6.6(a6.5(a) or Section 6.6(b6.5(b) shall require a party to provide any access, or to disclose any information, if permitting such access or disclosing such information would reasonably be expected to (i) violate applicable Law, (ii) violate any of its obligations with respect to confidentiality (provided that such party shall, upon the request of the other party, shall use its reasonable best efforts to obtain the required consent of any third party to such access or disclosuredisclosure in a manner that would not violate such obligations) or (iii) result in the loss of attorney-client or similar privilege (provided that such party shall use its reasonable best efforts to allow for such access or disclosure in a manner that does not result in a loss of attorney-client privilege). No review pursuant to this Section 6.6 6.5 shall affect or be deemed to modify any representation or warranty contained herein, the covenants or agreements of the parties hereto or the conditions to the obligations of the parties hereto under this Agreement.

Access to Information; Confidentiality; Public Announcements. (a) Subject to the Confidentiality Agreement and subject to applicable Law, during the period from the date of this Agreement until the earlier of the Closing or the termination of this Agreement pursuant to its terms, each of Battery Azteca, Cine and RH IM shall, and shall cause its Subsidiaries to, afford to the other party and to the directors, officers, employees, consultants, accountants, counsel, advisors and other agents and representatives of such other party (collectively, “"Representatives”"), reasonable access at all reasonable times during normal business hours on reasonable notice prior to the Effective Time to all their respective properties, books, Contracts, commitments, personnel and records (provided that such access shall not unreasonably interfere with the business or operations of such party) and, during such period, each of Battery Azteca, Cine and RH IM shall, and shall cause its Subsidiaries to, furnish promptly to the other party all information concerning its business, properties and personnel personnel, in each case, as such other party may reasonably request; provided, that nothing in this Section 6.6(a7.4(a) or Section 6.6(b7.4(b) shall require a party to provide any access, or to disclose any information, if permitting such access or disclosing such information would reasonably be expected to (i) violate applicable Law, (ii) violate any of its obligations with respect to confidentiality (provided that such party shall, upon the request of the other party, shall use its reasonable best efforts to obtain the required consent of any third party to such access or disclosuredisclosure in a manner that would not violate such obligations) or (iii) result in the loss of attorney-client or similar privilege (provided that such party shall use its reasonable best efforts to allow for such access or disclosure in a manner that does not result in a loss of attorney-client privilege). No review pursuant to this Section 6.6 7.4 shall affect or be deemed to modify any representation or warranty contained herein, the covenants or agreements of the parties hereto or the conditions to the obligations of the parties hereto under this Agreement.

Access to Information; Confidentiality; Public Announcements. (a) Subject During the period from the date of this Agreement to the Confidentiality earlier of (i) the Closing Date and (ii) the termination of the Agreement and subject to in accordance with Article IX, except as otherwise prohibited by applicable Law, each Law or the terms of Battery and RH shall, and shall cause its Subsidiaries to, afford to the other party and to the directors, officers, employees, consultants, accountants, counsel, advisors and other agents and representatives of such other party (collectively, “Representatives”), reasonable access at all reasonable times during normal business hours on reasonable notice any Contract entered into prior to the Effective Time date hereof to all their respective properties, books, Contracts, commitments, personnel and records (provided that such access shall not unreasonably interfere with which the business Company or operations of such party) and, during such period, each of Battery and RH shall, and shall cause its Subsidiaries to, furnish promptly to any Company Subsidiary or the other party all information concerning its business, properties and personnel as such other party may reasonably request; provided, that nothing in this Section 6.6(a) or Section 6.6(b) shall require Parent is a party or as would be reasonably expected to provide any access, or to disclose any information, if permitting such access or disclosing such information would (i) violate applicable Law, (ii) violate any of its obligations with respect to confidentiality (provided that such party shall, upon the request of the other party, use its reasonable best efforts to obtain the required consent of any third party to such access or disclosure) or (iii) result in the loss of attorney-client privilege, work product doctrine, self-audit privilege or the similar privilege of the Company or any Company Subsidiary or the Parent (provided it being agreed that such party the parties shall use its their reasonable best efforts to allow for cause such access or disclosure information to be provided in a manner that does not result in a loss cause such violation or prohibition) and, subject to applicable laws relating to the exchange of information and the preservation of any applicable attorney-client privilege). No review pursuant , work-product doctrine, self-audit privilege or other similar privilege, each party shall give the other party and its authorized representatives reasonable access during normal business hours to this Section 6.6 shall affect all of its books, records, offices and other facilities and properties as such other party, or be deemed its authorized representatives, may from time to modify any representation time reasonably request from either the Chief Executive Officer or warranty contained herein, the covenants or agreements Chief Financial Officer of the parties hereto party; provided, however, that any such access shall be conducted in a manner not to materially interfere with the businesses or operations of the conditions party and no party shall conduct any invasive sampling or testing with respect to the obligations real property of the parties hereto under this Agreementother party.