Common use of Certain Information Required by the Code Clause in Contracts

Certain Information Required by the Code. Each holder of Target Stock or Target Options who holds 10% or more (by value) of the interests in Target immediately prior to the Merger, within the meaning of Section 1060(e) of the Code, and who, in connection with the Merger, enters into a Non-Solicitation Agreement or other agreement with Target or the Surviving Corporation (or is related to any person who enters into any such contract or agreement, within the meaning of Section 267(b) or Section 707(b)(1) of the Code) shall furnish Acquiror with any information required pursuant to Section 1060(e) of the Code at such time and in such manner as Acquiror may reasonably request in order to comply with Section 1060(e) and any regulations promulgated thereunder.

Certain Information Required by the Code. Each holder of Target Stock or Target Options who holds ten percent (10% %) or more (by value) of the interests in Target immediately prior to the MergerTarget, within the meaning of Section 1060(e1060(e)(2) of the Code, immediately prior to the Step One Merger, and who, in connection with the Step One Merger, enters into a Non-Solicitation Competition Agreement or other agreement that is subject to Section 1060(e)(1) of the Code with Target or the Surviving Corporation Company (or is related to any person who enters into any such contract or agreement, within the meaning of Section 267(b) or Section 707(b)(1) of the Code) shall furnish Acquiror with any information required pursuant to Section 1060(e) of the Code at such time and in such manner as Acquiror may reasonably request in order to comply with Section 1060(e) and any regulations promulgated thereunder.