Common use of Company Non-Public Information Clause in Contracts

Company Non-Public Information. (a) Nothing herein shall require the Company to disclose non-public information to the Investor or its advisors or representatives, unless prior to disclosure of such information, the Company identifies such information as being non-public information and provides the Investor, such advisors and representatives with the opportunity to accept or refuse to accept such non-public information for review. The Company may, as a condition to disclosing any non-public information hereunder, require the Investor and its advisors and representatives to enter into a confidentiality agreement in form reasonably satisfactory to the Company and the Investor. Notwithstanding anything contained in this Agreement or the Registration Rights Agreement to the contrary, the Company shall not deliver material, non-public information to the Investor during the time when an Advance Notice is outstanding.

Company Non-Public Information. (a) Nothing herein shall require the Company to disclose non-public information to the Investor or its advisors or representatives, unless prior to disclosure of such information, the Company identifies such information as being non-public information and provides the Investor, such advisors and representatives with the opportunity to accept or refuse to accept such non-public non -public information for review. The Company may, as a condition to disclosing any non-public information hereunder, require the Investor and its advisors and representatives to enter into a confidentiality agreement in form inform reasonably satisfactory to the Company and the Investor. Notwithstanding anything contained in this Agreement or the Registration Rights Agreement to the contrary, the Company shall not deliver material, non-public information to the Investor during the time when an Advance Notice is outstanding.

Company Non-Public Information. (a) Nothing herein shall require the Company to disclose non-public information to the Investor or its advisors or representatives, unless prior to disclosure of such information, the Company identifies such information as being non-public information and provides the Investor, such advisors and representatives with the opportunity to accept or refuse to accept such non-public information for review. The Company may, as a condition to disclosing any non-public information hereunder, require the Investor and its advisors and representatives to enter into a confidentiality agreement in form reasonably satisfactory to the Company and the Investor. Notwithstanding anything contained herein or in this Agreement or the Registration registration Rights Agreement to the contrary, the Company shall not deliver material, or disclose any material non-public information to the Investor during the time when an Advance Notice is outstanding.