Common use of Certain Permitted Transactions and Communications Clause in Contracts

Certain Permitted Transactions and Communications. Notwithstanding the foregoing, this Agreement shall not prohibit (i) the acquisition or holding of securities or rights in the ordinary course of business by any employee benefit plan whose trustees, investment managers or similar advisors are not Affiliates of any Restricted Party, (ii) the consummation of any transaction expressly provided for in the Merger Agreement or (iii) officers and employees of the Restricted Parties from communicating with officers of the Company or its Affiliates on matters related to or governed by the Merger Agreement or other operational matters, or the Restricted Parties from communicating with the board of directors of the Company, the Chairman of such board of directors, the Chief Executive Officer or the Chief Financial Officer of the Company, so long as such communication is conveyed in confidence, does not require public disclosure by the Restricted Parties or by the Company, and is not intended to (A) elicit, and, in the reasonable belief of the Restricted Party making such communication, does not require the issuance of, a public response by the Company or (B) otherwise circumvent the provisions of Section 4.2.

Certain Permitted Transactions and Communications. Notwithstanding the foregoing, this Agreement shall not prohibit (ia) the acquisition consummation of any transaction expressly provided for in the IP Agreements, (b) the acquisition, holding or holding sale of securities or rights in the ordinary course of business by any employee benefit plan whose trustees, investment managers or similar advisors are not Affiliates of any Restricted Party, (ii) the consummation of any transaction expressly provided for in the Merger Agreement Party or (iiic) officers and employees of the Restricted Parties from communicating with officers of the Company Aspen or its Affiliates on matters related to or governed by the Merger Agreement IP Agreements or other operational matters, or the Restricted Parties from communicating with the board Board of directors of the CompanyDirectors, the Chairman of such board the Board of directorsDirectors, the Chief Executive Officer or the Chief Financial Officer of the CompanyAspen, so long as any such communication is conveyed in confidence, does would not require public disclosure by the Restricted Parties or by the CompanyAspen, and is not intended to (Ai) elicit, and, in the reasonable belief (based on the advice of outside counsel) of the Restricted Party making such communication, does not require the issuance of, a public response by the Company Aspen or (Bii) otherwise circumvent the provisions of Section 4.23.2.

Certain Permitted Transactions and Communications. Notwithstanding the foregoing, this Agreement shall not prohibit (i) the acquisition or holding of securities or rights in the ordinary course of business by any employee benefit plan whose trustees, investment managers or similar advisors are not Affiliates of any Restricted Party, (ii) the consummation of any transaction expressly provided for in the Merger Agreement or (iii) officers and employees of the Restricted Parties from communicating with officers of the Company or its Affiliates on matters related to or governed by the Merger Agreement or other operational matters, or the Restricted Parties from communicating with the board Board of directors of the CompanyDirectors, the Chairman of such board the Board of directorsDirectors, the Chief Executive Officer or the Chief Financial Officer of the Company, so long as such communication is conveyed in confidence, does could not require public disclosure by the Restricted Parties or by the Company, and is not intended to (Aa) elicit, and, in the reasonable belief (based on the advice of outside counsel) of the Restricted Party making such communication, does not require the issuance of, a public response by the Company or (Bb) otherwise circumvent the provisions of Section 4.23.2.