Common use of Certain Permitted Disclosure Clause in Contracts

Certain Permitted Disclosure. Nothing contained in this Section 5.02 shall be deemed to prohibit the Company from complying with its disclosure obligations under applicable U.S. federal or state Law with regard to a Company Acquisition Proposal; provided that this paragraph (h) shall not be deemed to permit the Company or the Company’s Board of Directors to effect a Company Change in Recommendation except in accordance with Section 5.02(f).

Certain Permitted Disclosure. Nothing contained in this Section 5.02 6.2 shall be deemed to prohibit the Company from complying with its disclosure obligations under applicable U.S. federal or state Law with regard to a Company an Acquisition Proposal; provided that this paragraph (h) shall not be deemed to permit the Company or the Company’s Board of Directors to effect a Company Change in Recommendation except in accordance with Section 5.02(f6.2(f).

Certain Permitted Disclosure. Nothing contained in this Section 5.02 6.2 shall be deemed to prohibit the Company from complying with its disclosure obligations under applicable U.S. federal or state Law with regard to a Company an Acquisition Proposal; provided provided, however, that this paragraph (h) shall not be deemed to permit if such disclosure has the substantive effect of withdrawing or adversely modifying the Company or Recommendation, Parent, shall have the Company’s Board of Directors right to effect a Company Change terminate this Agreement as set forth in Recommendation except in accordance with Section 5.02(f8.4(a).

Certain Permitted Disclosure. Nothing contained in this Section 5.02 6.2 shall be deemed to prohibit the Company from complying with its disclosure obligations under applicable U.S. United States federal or state Law with regard to a Company an Acquisition Proposal; provided provided, however, that this paragraph (h) if such disclosure does not reaffirm the Company Recommendation or has the substantive effect of withdrawing or adversely modifying the Company Recommendation, such disclosure shall not be deemed to permit the Company or the Company’s Board of Directors to effect be a Company Change in Recommendation except and Parent shall have the right to terminate this Agreement as set forth in accordance with Section 5.02(f8.5(b).

Certain Permitted Disclosure. Nothing contained in this Section 5.02 6.2 shall be deemed to prohibit the Company from complying with its disclosure obligations under applicable U.S. federal or state Law with regard to a Company an Acquisition Proposal; provided provided, however, that this paragraph (h) if such disclosure does not reaffirm the Company Recommendation or has the effect of withdrawing or adversely modifying the Company Recommendation, such disclosure shall not be deemed to permit be a Change of Recommendation and Parent shall have the Company or the Company’s Board of Directors right to effect a Company Change terminate this Agreement as set forth in Recommendation except in accordance with Section 5.02(f)8.3.

Certain Permitted Disclosure. Nothing contained in this Section 5.02 6.2 shall be deemed to prohibit the Company from complying with its disclosure obligations under applicable U.S. federal or state Law law with regard to a Company an Acquisition Proposal; provided provided, however, that this paragraph (h) if such disclosure does not reaffirm the Company Recommendation or has the effect of withdrawing or adversely modifying the Company Recommendation, such disclosure shall not be deemed to permit be a Change of Recommendation and Parent shall have the Company or the Company’s Board of Directors right to effect a Company Change terminate this Agreement as set forth in Recommendation except in accordance with Section 5.02(f8.4(a).

Certain Permitted Disclosure. Nothing contained in this Section 5.02 6.2 shall be deemed to prohibit either the Company or Company Board from complying with its disclosure obligations under applicable U.S. federal or state Law law with regard to a Company an Acquisition Proposal; provided provided, however, that this paragraph (h) if such disclosure has the effect of withdrawing or adversely modifying the Company Recommendation, such disclosure shall not be deemed to permit the Company or the Company’s Board be a Change of Directors to effect a Company Change in Recommendation except in accordance with Section 5.02(f)Recommendation.

Certain Permitted Disclosure. Nothing contained in this Section 5.02 3.4 shall be deemed to prohibit the Company from complying with its disclosure obligations under applicable U.S. federal or state Law law with regard to a Company an Acquisition Proposal; provided provided, however, that this paragraph (h) if such disclosure does not reaffirm the Company Recommendation or has the substantive effect of withdrawing or adversely modifying the Company Recommendation, such disclosure shall not be deemed to permit the Company or the Company’s Board of Directors to effect be a Company Change in Recommendation except and Purchaser shall have the right to terminate this Agreement as set forth in accordance with Section 5.02(f5.1(h).

Certain Permitted Disclosure. Nothing contained in this Section 5.02 shall be deemed to prohibit the Company from complying with its disclosure obligations under applicable U.S. federal or state Law with regard to a Company an Acquisition Proposal; provided provided, that this paragraph (h) shall not be deemed to permit the Company, the Company Board or the Company’s Board of Directors Special Committee to effect a Company Change in Recommendation except in accordance with Section 5.02(f) or Section 5.02(g).

Certain Permitted Disclosure. Nothing contained in this Section 5.02 6.2 shall be deemed to prohibit the Company from complying with its disclosure obligations under applicable U.S. federal or state Law with regard to a Company an Acquisition Proposal; provided provided, that (i) this paragraph (hSection 6.2(h) shall not be deemed to permit the Company or the Company’s Board board of Directors directors to effect make a Company Change in Recommendation except in accordance with Section 5.02(f)6.2(g) and (ii) any communication related to an Acquisition Proposal shall expressly state that the Company’s board of directors has not changed the Company Recommendation.

Certain Permitted Disclosure. Nothing contained in this Section 5.02 5.5 shall be deemed to prohibit the Company from complying with its disclosure obligations under applicable U.S. federal or state Law with regard to a Company an Acquisition Proposal; provided that this paragraph (h) shall not be deemed to permit the Company or the Company’s Board of Directors to effect a Company Change in Recommendation except in accordance with Section 5.02(f).

Certain Permitted Disclosure. Nothing contained in this Section 5.02 6.3 shall be deemed to prohibit the Company from complying with its disclosure obligations under applicable U.S. federal or state Law law with regard to a Company an Acquisition Proposal; provided provided, however, that this paragraph (h) shall if such disclosure does not be deemed to permit reaffirm the Company Recommendation or has the Company’s Board substantive effect of Directors withdrawing or adversely qualifying or modifying the Company Recommendation, Parent, shall have the right to effect a Company Change terminate this Agreement as set forth in Recommendation except in accordance with Section 5.02(f8.4(a).

Certain Permitted Disclosure. Nothing contained in this Section 5.02 6.2 shall be deemed to prohibit the Company from complying with its disclosure obligations under applicable U.S. federal or state Law with regard to a Company an Acquisition Proposal; provided that this paragraph (h) that, if such disclosure has the effect or substantive effect of withholding, withdrawing, qualifying or modifying the Company Recommendation, such disclosure shall not be deemed to permit the Company or the Company’s Board of Directors to effect be a Company Change in Recommendation except and Parent shall have the right to terminate this Agreement as set forth in accordance with Section 5.02(f8.4(b).

Certain Permitted Disclosure. Nothing contained in this Section 5.02 6.2 shall be deemed to prohibit the Company from complying with its disclosure obligations under applicable U.S. federal or state Law with regard to a Company Acquisition Proposal; provided that this paragraph (h) shall not be deemed to permit the Company or the Company’s Board of Directors to effect a Company Change in Recommendation except in accordance with Section 5.02(f)Law.

Certain Permitted Disclosure. Nothing contained in this Section 5.02 6.2 shall be deemed to prohibit the Company from complying with its disclosure obligations under applicable U.S. federal or state Law with regard to a Company an Acquisition Proposal; provided that this paragraph (hSection 6.2(g) shall not be deemed to permit the Company or the Company’s Board board of Directors directors of the Company (or any committee thereof) to effect make a Company Change in Recommendation except in accordance with Section 5.02(f6.2(e) or Section 6.2(f).

Certain Permitted Disclosure. Nothing contained in this Section 5.02 6.04 shall be deemed to prohibit the Company from complying with its disclosure obligations under applicable U.S. federal or state Law with regard to a Company an Acquisition Proposal; provided that this paragraph (h, including, without limitation, taking and disclosing to its shareholders a position contemplated by Rule 14d-9 and Rule 14e-2(a) shall not be deemed to permit promulgated under the Company or the Company’s Board of Directors to effect a Company Change in Recommendation except in accordance with Section 5.02(f)Exchange Act.

Certain Permitted Disclosure. Nothing contained in this Section 5.02 6.2 shall be deemed to prohibit the Company from complying with its disclosure obligations under applicable U.S. federal or state Law with regard to a Company Acquisition Proposal; provided that this paragraph (h) shall not be deemed to permit the Company or the Company’s Board board of Directors directors to effect a Company Change in Recommendation except in accordance with Section 5.02(f6.2(f).

Certain Permitted Disclosure. Nothing contained in this Section 5.02 6.2 shall be deemed to prohibit the Company from complying with its disclosure obligations under applicable U.S. federal or state Law with regard to a Company an Acquisition Proposal; provided that this paragraph (hSection 6.2(h) shall not be deemed to permit the Company or the Company’s Board board of Directors directors to effect make a Company Change in Recommendation except in accordance with Section 5.02(f6.2(g).

Certain Permitted Disclosure. Nothing contained in this Section 5.02 6.2 shall be deemed to prohibit the Company from complying with its disclosure obligations under applicable U.S. federal or state Law with regard to a Company an Acquisition Proposal; provided that this paragraph (hSection 6.2(g) shall not be deemed to permit the Company or the Company’s Board board of Directors directors of the Company to effect make a Company Change in Recommendation except in accordance with Section 5.02(f6.2(e) or Section 6.2(f).

Certain Permitted Disclosure. Nothing contained in this Section 5.02 4.12 shall be deemed to prohibit the Company from complying with its disclosure obligations under applicable U.S. federal or state Law law with regard to a Company an Acquisition Proposal; provided provided, however, that this paragraph (h) if such disclosure does not reaffirm the Company Recommendation or has the effect of withdrawing or adversely modifying the Company Recommendation, such disclosure shall not be deemed to permit be a Change of Recommendation and the Company or Investor shall have the Company’s Board of Directors right to effect a Company Change terminate this Agreement as set forth in Recommendation except in accordance with Section 5.02(f5.1(g).