Common use of CONFIDENTIALITY AND ANNOUNCEMENTS Clause in Contracts

CONFIDENTIALITY AND ANNOUNCEMENTS. (a) Each Party shall, and shall use its commercially reasonable efforts to cause its Affiliates and Representatives to, keep confidential and not disclose to any other Person any Transaction Information or, in the case of the Selling Shareholders, any Confidential Information (provided that if this Agreement is terminated, the Selling Shareholders shall only be subject to confidentiality with respect to the Transaction Information). Notwithstanding the foregoing each Party may disclose Transaction Information and, in the case of the Selling Shareholders, Confidential Information, to its Affiliates, Representatives and lenders, in each case only where such persons or entities are under appropriate nondisclosure obligations of a similar nature. The obligations of a Party under this Section 6.05 shall not apply to information which: (i) is or becomes generally available to the public without breach of obligations under this Section 6.05(a), (ii) becomes available to a Party on a non-confidential basis from a source other than a Party to this Agreement (provided that such Party can demonstrate that such source was not known by such Party to be bound by a confidentiality agreement with or other contractual, legal or fiduciary obligation of confidentiality. If a Selling Shareholder or any of its Affiliates or their respective representatives to this Agreement is require to disclose any information by Law or any Order, such Person shall notify to the Purchaser as early as practicable prior to disclosure to allow Purchaser to take appropriate measures to preserve the confidentiality of such information. Any breach of this Section 6.05(a) by any Affiliate, Representative or lender of a Party shall be deemed to be a breach by such Party. “Transaction Information” includes (i) the existence or terms of this Agreement or the other Documents, or (ii) the existence of discussions and negotiations between or among the Purchaser, the Company, and the holders of any Company Securities or any of their respective Representatives. (b) Notwithstanding Section 6.05(a), Purchaser shall determine in its reasonable discretion whether any public announcement, press release or response to media inquiries regarding this Agreement, the other Documents or the Transactions may be made to comply with legal or regulatory requirements and, shall be entitled to issue any such public announcement or press release or respond to media inquiries which may include terms of the Transactions. Following the issuance of such press release, any party may issue a subsequent press release in content consistent therewith. (c) Notwithstanding the foregoing, (i) a Selling Shareholder that is a venture capital fund or a holding company may inform its respective limited partners, shareholders, investors and professional advisors of the Transactions consistent with its prior practice, provided that any such communication advises such limited partners, investors and professional advisors of the confidential nature of the information contained in such communication, and (ii) a Selling Shareholder that is a venture capital fund or a holding company may inform bona fide prospective investors who are under appropriate confidentiality provisions of the amount of their investment in the Company and the return on such investment that resulted from the Transactions and, and only after Company has publicly acknowledged its involvement in the Transaction, Company’s identity.

CONFIDENTIALITY AND ANNOUNCEMENTS. (a) Each Party shallThe parties agree to be bound by and comply with the provisions set forth in the Confidentiality Agreement, the provisions of which are hereby incorporated herein by reference and further agree that the Confidentiality Agreement shall terminate upon the Closing (other than with respect to any non-public information relating to Seller or its Subsidiaries other than the Company and its Subsidiaries). In addition, without limiting the foregoing, from the date hereof through the Closing, Buyer shall keep confidential and not use for its benefit or for the benefit of any other Person (other than the Company and its Subsidiaries), any and all non-public information relating to the Company and its Subsidiaries, including the identity of and the mandates of Clients; provided, however, that no such Person shall be liable hereunder with respect to any disclosure to the extent such disclosure is pursuant to legal process (including pursuant to the assertion of such party’s rights under this Agreement) (by interrogatories, subpoena, civil investigative demand or similar process) or regulatory process or request, provided that in the event of any disclosure pursuant to legal process such Person exercises its commercially reasonable efforts to cause its Affiliates preserve the confidentiality of the non-public information disclosed, including by cooperating with Seller to obtain an appropriate protective order or other reliable assurance that confidential treatment will be accorded the non-public information required to be disclosed. (b) From and Representatives toafter the date of this Agreement, Seller shall keep confidential non-public information in its possession relating to the Company and its Subsidiaries, including the identity of and the mandates of Clients; provided, however, that Seller shall not disclose to any other Person any Transaction Information or, in the case of the Selling Shareholders, any Confidential Information (provided that if this Agreement is terminated, the Selling Shareholders shall only be subject to confidentiality liable hereunder with respect to any disclosure to the Transaction Informationextent such disclosure is pursuant to legal process (including pursuant to the assertion of Seller’s rights under this Agreement) (by interrogatories, subpoena, civil investigative demand or similar process). Notwithstanding , regulatory process or request, or to the extent such disclosure is reasonably necessary for purposes of compliance by Seller or its Affiliates with tax or regulatory reporting requirements, provided that in the event of any disclosure pursuant to legal process Seller exercises its commercially reasonable efforts to preserve the confidentiality of the non-public information disclosed, including by cooperating with Buyer to obtain an appropriate protective order or other reliable assurance that confidential treatment will be accorded the non-public information required to be disclosed; provided, further, however, that information relating to Seller and its Affiliates (other than the Company and its Subsidiaries) or any of their respective clients and customers shall not be deemed non-public information relating to the Company and/or its Subsidiaries for purposes of the foregoing each Party may disclose Transaction Information andrestrictions. (c) From and after the Closing, Buyer shall keep confidential non-public information in the case of the Selling Shareholders, Confidential Information, to its Affiliates, Representatives and lenders, in each case only where such persons possession (other than information which was or entities are under appropriate nondisclosure obligations of a similar nature. The obligations of a Party under this Section 6.05 shall not apply to information which: (i) is or becomes generally available to the public without breach of obligations under this Section 6.05(a), (ii) becomes available to a Party Buyer on a non-confidential basis from a source other than a Party to this Agreement (provided that such Party can demonstrate that such source was not known by such Party to be bound by a confidentiality agreement with or other contractual, legal or fiduciary obligation of confidentiality. If a Selling Shareholder Seller or any of its Affiliates or their respective representatives to this Agreement is require to disclose any information by Law or any Order, such Person shall notify Representatives) relating to the Purchaser as early as practicable prior Seller and its Affiliates other than the Company and its Subsidiaries; provided, however that Buyer shall not be liable hereunder with respect to any disclosure to allow Purchaser the extent such disclosure is pursuant to take appropriate measures legal process (including pursuant to the assertion of Buyer’s rights under this Agreement) (by interrogatories, subpoena, civil investigative demand or similar process) or regulatory process or request, provided that in the event of any disclosure pursuant to legal process Buyer exercises its commercially reasonable efforts to preserve the confidentiality of such information. Any breach of this Section 6.05(a) the non-public information disclosed, including by any Affiliate, Representative cooperating with Seller to obtain an appropriate protective order or lender of a Party shall other reliable assurance that confidential treatment will be deemed accorded the non-public information required to be a breach by such Party. “Transaction Information” includes disclosed. (id) Subject to Sections 4.4(a), (b) and (c), prior to the existence Closing, Seller and Buyer shall consult with each other as to the form, substance and timing of any press release or terms of other public disclosure related to this Agreement or the other Documents, or (ii) the existence of discussions and negotiations between or among the Purchaser, the Companytransactions contemplated hereby, and the holders of any Company Securities or any of their respective Representatives. (b) Notwithstanding Section 6.05(a), Purchaser shall determine in its reasonable discretion whether any public announcement, no such press release or response to media inquiries regarding this Agreement, other public disclosure shall be made without the consent of the other Documents party, which consent shall not be unreasonably withheld, conditioned or the Transactions may be made to comply with legal or regulatory requirements anddelayed; provided, shall be entitled to issue any such public announcement or press release or respond to media inquiries which may include terms of the Transactions. Following the issuance of such press releasehowever, any that either party may issue a subsequent press release in content consistent therewithmake such disclosure to the extent required by Applicable Law, based on advice of counsel, after making reasonable efforts under the circumstances to consult with the other prior to such disclosure. (c) Notwithstanding the foregoing, (i) a Selling Shareholder that is a venture capital fund or a holding company may inform its respective limited partners, shareholders, investors and professional advisors of the Transactions consistent with its prior practice, provided that any such communication advises such limited partners, investors and professional advisors of the confidential nature of the information contained in such communication, and (ii) a Selling Shareholder that is a venture capital fund or a holding company may inform bona fide prospective investors who are under appropriate confidentiality provisions of the amount of their investment in the Company and the return on such investment that resulted from the Transactions and, and only after Company has publicly acknowledged its involvement in the Transaction, Company’s identity.

CONFIDENTIALITY AND ANNOUNCEMENTS. (a) Each The Receiving Party shall: treat all Confidential Information as confidential; maintain the confidentiality of all Confidential Information in a prudent and business-like manner; not at any time divulge, and shall use its commercially reasonable efforts to cause its Affiliates and Representatives to, keep confidential and not disclose or make known to any other Person any Transaction Information or, in the case of the Selling Shareholders, person any Confidential Information (provided that if which it receives from the Disclosing Party; and only use the Confidential Information for the purposes of performing its obligations or exercising its rights under this Agreement is terminated, Agreement. Nothing in clause 19.1 shall prevent the Selling Shareholders shall only be subject to confidentiality with respect Receiving Party from disclosing any Confidential Information to the Transaction Information). Notwithstanding extent that such disclosure is reasonably necessary for the foregoing each Party may disclose Transaction Information purposes of this Agreement: to its professional advisors and, in the case of the Selling ShareholdersInsurer, its reinsurers and any claims handling organisation appointed to handle claims; to a member of its Group; where the Receiving Party is the Insurer and the Broker is a member of a network, to that network as the network requests PROVIDED THAT the Receiving Party shall impose upon such recipients obligations of confidentiality and non-use equivalent to those contained in clause 19.1 and take reasonable steps to enforce the same. Nothing in clause 19.1 shall prevent the Receiving Party from disclosing any Confidential Information, to its Affiliates, Representatives and lenders, : as may be required by the Regulatory Requirements provided that the Receiving Party gives the Disclosing Party reasonable prior written notice of such required disclosure as soon as is reasonably practicable; that is already in each case only where such persons or entities are under appropriate nondisclosure obligations the public domain otherwise than as a result of a similar nature. The obligations of a Party under this Section 6.05 shall not apply to information which: (i) is or becomes generally available to the public without breach of obligations under this Section 6.05(a), (ii) becomes available to a Party on a non-confidential basis from a source other than a Party to this Agreement (provided that such Party can demonstrate that such source was not known by such Party to be bound by a confidentiality agreement with or other contractual, legal or fiduciary obligation of confidentiality. If a Selling Shareholder or any of its Affiliates or their respective representatives to this Agreement is require to disclose any information by Law or any Order, such Person shall notify to the Purchaser as early as practicable prior to disclosure to allow Purchaser to take appropriate measures to preserve the confidentiality of such information. Any breach of this Section 6.05(a) Agreement by the Receiving Party; that is already lawfully in the Receiving Party’s possession and not subject to any Affiliate, Representative or lender confidentiality provisions. Confidential Information of a Party member of the Insurer's or the Broker's Group company shall be deemed Confidential Information of the Insurer or the Broker (as applicable) for the purposes of this clause 19. The Broker shall not, without the prior consent of the Insurer: publish any marketing literature which makes reference to be the Insurer save where this has been supplied to the Broker by the Insurer; advertise on behalf of the Insurer or undertake a breach financial promotion on behalf of the Insurer except in a form approved by such Partythe Insurer; and include the Insurer Brand on websites and links except in a form approved by the Insurer. “Transaction Information” includes (i) The rights and obligations contained in this clause 19 are without prejudice to and shall in no way affect the existence or terms rights and obligations of the Parties contained in clause 6.7 above. The rights and obligations in this clause 19 shall survive the termination of this Agreement or the other Documents, or (ii) the existence of discussions and negotiations between or among the Purchaser, the Company, and the holders of any Company Securities or any of their respective Representativeshowsoever caused. (b) Notwithstanding Section 6.05(a), Purchaser shall determine in its reasonable discretion whether any public announcement, press release or response to media inquiries regarding this Agreement, the other Documents or the Transactions may be made to comply with legal or regulatory requirements and, shall be entitled to issue any such public announcement or press release or respond to media inquiries which may include terms of the Transactions. Following the issuance of such press release, any party may issue a subsequent press release in content consistent therewith. (c) Notwithstanding the foregoing, (i) a Selling Shareholder that is a venture capital fund or a holding company may inform its respective limited partners, shareholders, investors and professional advisors of the Transactions consistent with its prior practice, provided that any such communication advises such limited partners, investors and professional advisors of the confidential nature of the information contained in such communication, and (ii) a Selling Shareholder that is a venture capital fund or a holding company may inform bona fide prospective investors who are under appropriate confidentiality provisions of the amount of their investment in the Company and the return on such investment that resulted from the Transactions and, and only after Company has publicly acknowledged its involvement in the Transaction, Company’s identity.

CONFIDENTIALITY AND ANNOUNCEMENTS. Each of the Investors and the Corporation will keep all Confidential Information of each other Party confidential and will not disclose any Confidential Information to any Person or use any Confidential Information except as permitted by the owner of such Confidential Information and unless such Confidential Information (a) Each is known or becomes known to the public in general (other than as a result of a breach of this Section), (b) with respect to a Party, is or has been independently developed or conceived by such Party shallwithout use of any other Party’s Confidential Information, and shall use its commercially reasonable efforts or (c) with respect to cause its Affiliates and Representatives toa Party, keep confidential and not disclose is or has been made known or disclosed to such Party by a third party without a breach of any obligation of confidentiality such third party may have to any other Person any Transaction Information orParty; provided, in the case of the Selling Shareholdershowever, any that a Party may disclose Confidential Information (provided that if this Agreement is terminatedi) to its attorneys, the Selling Shareholders shall only be subject to confidentiality with respect accountants, consultants, and other professionals to the Transaction Information). Notwithstanding the foregoing each Party may disclose Transaction Information and, extent reasonably necessary to obtain their services in connection with monitoring its investment in the case of the Selling Shareholders, Confidential Information, to its Affiliates, Representatives and lenders, in each case only where such persons or entities are under appropriate nondisclosure obligations of a similar nature. The obligations of a Party under this Section 6.05 shall not apply to information which: (i) is or becomes generally available to the public without breach of obligations under this Section 6.05(a), Corporation; (ii) becomes available to a any Affiliate, partner, member, shareholder, or wholly owned subsidiary of such Party on a non-confidential basis from a source other than a Party to this Agreement (in the ordinary course of business, provided that such Party can demonstrate informs such Person that such source was not known by such Party to be bound by a confidentiality agreement with or other contractual, legal or fiduciary obligation of confidentiality. If a Selling Shareholder or any of its Affiliates or their respective representatives to this Agreement information is require to disclose any information by Law or any Order, confidential and directs such Person shall notify to the Purchaser as early as practicable prior to disclosure to allow Purchaser to take appropriate measures to preserve maintain the confidentiality of such information; or (iii) as may otherwise be required by Applicable Law, including, without limitation, applicable securities laws, including any rules or policies of any applicable stock exchange, court order or subpoena, provided that such Party promptly notifies the owner of the Confidential Information of such disclosure and takes reasonable steps to minimize the extent of any such required disclosure. Any breach of this Section 6.05(a) by any Affiliate, Representative or lender of a Party shall be deemed to be a breach by such Party. “Transaction Information” includes (i) the existence or terms This covenant will survive termination of this Agreement and will continue to apply to the Parties after he or she otherwise ceases to be bound by this Agreement. "Confidential Information" means all information relating to the business, operations, assets, liabilities, plans, prospects and other Documentsaffairs of the Investors and the Corporation, or (ii) in whatever form, and includes this Agreement and the existence of discussions and negotiations between or among the Purchaser, the Company, and the holders of any Company Securities or any of their respective Representativesthereof. (b) Notwithstanding Section 6.05(a), Purchaser shall determine in its reasonable discretion whether any public announcement, press release or response to media inquiries regarding this Agreement, the other Documents or the Transactions may be made to comply with legal or regulatory requirements and, shall be entitled to issue any such public announcement or press release or respond to media inquiries which may include terms of the Transactions. Following the issuance of such press release, any party may issue a subsequent press release in content consistent therewith. (c) Notwithstanding the foregoing, (i) a Selling Shareholder that is a venture capital fund or a holding company may inform its respective limited partners, shareholders, investors and professional advisors of the Transactions consistent with its prior practice, provided that any such communication advises such limited partners, investors and professional advisors of the confidential nature of the information contained in such communication, and (ii) a Selling Shareholder that is a venture capital fund or a holding company may inform bona fide prospective investors who are under appropriate confidentiality provisions of the amount of their investment in the Company and the return on such investment that resulted from the Transactions and, and only after Company has publicly acknowledged its involvement in the Transaction, Company’s identity.

CONFIDENTIALITY AND ANNOUNCEMENTS. (a) 19.1 Each Party shall(the “Receiving Party”) shall keep all information and other materials passing between it and the other Party or received by it from the other Party or its representatives (the “Disclosing Party”) in relation to the transactions contemplated by this Agreement and the Ancillary Agreements (including all the information concerning the Parties and their respective business transactions and financial arrangements) (the “Confidential Information”), confidential, and shall use its commercially reasonable efforts to cause its Affiliates and Representatives tonot without the prior written consent of the Disclosing Party, keep confidential and not disclose divulge the Confidential Information to any other Person or use the Confidential Information other than for carrying out the purposes of this Agreement or the Share Subscription and Purchase Agreement (including disclosures to parties to the Share Subscription and Purchase Agreement as may be required from time to time). Confidential Information shall at all times remain the property of the Party that owns it. 19.2 Notwithstanding the other provisions of this Clause 18, a Receiving Party may disclose such Confidential Information: (a) to the extent such Confidential Information is in the public domain other than by breach of this Agreement; (b) if and to the extent that it is required to be disclosed by Applicable Law or any Transaction Information orapplicable regulatory requirements of a Governmental Authority, or that may be required to be disclosed by a Party for obtaining any corporate or regulatory approvals required under Applicable Law for the transactions contemplated by this Agreement and / or the Ancillary Agreement, or for fulfilling its obligations under this Agreement, provided however, that the Party required to make the disclosure has taken all reasonable steps to limit, as far as reasonably possible, the extent of such disclosure and has, so far as lawful and practical, consulted with the other Parties before making the disclosure; (c) to the Representatives of any Party on a need-to-know basis, subject to the Disclosing Party informing such Persons of the confidential nature of such Confidential Information, and provided that such Persons shall continue to maintain the confidential nature of such Confidential Information; (d) in the case of the Selling Shareholders, any Confidential Information (provided that if this Agreement is terminated, the Selling Shareholders shall only be subject to confidentiality with respect to the Transaction Information). Notwithstanding the foregoing each Party may disclose Transaction Information and, in the case of the Selling Shareholders, Confidential InformationPurchaser, to its Affiliates, Representatives and lenders, in each case only where such persons or entities are under appropriate nondisclosure obligations of a similar nature. The obligations of a Party under this Section 6.05 shall not apply to information which: (i) is or becomes generally available to the public without breach of obligations under this Section 6.05(a), (ii) becomes available to a Party on a non-confidential basis from a source other than a Party to this Agreement (provided that such Party can demonstrate that such source was not known by such Party to be bound by a confidentiality agreement with or other contractual, legal or fiduciary obligation of confidentiality. If a Selling Shareholder or any of its Affiliates direct or their respective representatives indirect shareholders/investors, affiliates or other providers of capital and/or financing; or (e) if and to the extent the Disclosing Party has given prior written consent to the disclosure. No Party shall issue any press release or make any public announcement relating to the subject matter of this Agreement without the prior written approval of the other Party; provided, however, that any Party may make any public disclosure that it believes in good faith is require to disclose any information required by Applicable Law or any Order, such Person shall notify listing or trading agreement concerning its publicly traded securities (in which case the Disclosing Party will use its reasonable best efforts to advise the Purchaser as early as practicable other Party prior to disclosure to allow Purchaser to take appropriate measures to preserve making the confidentiality of such information. Any breach of this Section 6.05(a) by any Affiliate, Representative or lender of a Party shall be deemed to be a breach by such Party. “Transaction Information” includes (i) the existence or terms of this Agreement or the other Documents, or (ii) the existence of discussions and negotiations between or among the Purchaser, the Company, and the holders of any Company Securities or any of their respective Representativesdisclosure). (b) Notwithstanding Section 6.05(a), Purchaser shall determine in its reasonable discretion whether any public announcement, press release or response to media inquiries regarding this Agreement, the other Documents or the Transactions may be made to comply with legal or regulatory requirements and, shall be entitled to issue any such public announcement or press release or respond to media inquiries which may include terms of the Transactions. Following the issuance of such press release, any party may issue a subsequent press release in content consistent therewith. (c) Notwithstanding the foregoing, (i) a Selling Shareholder that is a venture capital fund or a holding company may inform its respective limited partners, shareholders, investors and professional advisors of the Transactions consistent with its prior practice, provided that any such communication advises such limited partners, investors and professional advisors of the confidential nature of the information contained in such communication, and (ii) a Selling Shareholder that is a venture capital fund or a holding company may inform bona fide prospective investors who are under appropriate confidentiality provisions of the amount of their investment in the Company and the return on such investment that resulted from the Transactions and, and only after Company has publicly acknowledged its involvement in the Transaction, Company’s identity.

CONFIDENTIALITY AND ANNOUNCEMENTS. (a) Each Party shallshall (in the case of the Selling Shareholders, acting severally), and shall use its commercially reasonable efforts to cause its Affiliates and Representatives to, keep confidential and not disclose to any other Person any Transaction Information or, in the case of the Selling Shareholders, any Confidential Information (provided that if this Agreement is terminated, the Selling Shareholders shall only be subject to confidentiality with respect to the Transaction Information). Notwithstanding the foregoing foregoing, each Party may disclose Transaction Information and, in the case of the Selling Shareholders, Confidential Information, to its Affiliates, Representatives and lendersRepresentatives, investors, lenders or other advisors, in each case only where such persons or entities are under appropriate nondisclosure obligations of a similar naturenature and on a need-to-know basis. The obligations of a Party under this Section 6.05 4.02 shall not apply to information which: (i) is or becomes generally available to the public without breach of obligations under this Section 6.05(a)4.02, (ii) becomes available to a Party on a non-confidential basis from a source other than a Party to this Agreement (provided that such Party can demonstrate that such source was not known by such Party to be bound by a confidentiality agreement with or other contractual, legal or fiduciary obligation of confidentiality). If a Selling Shareholder any Party or any of its respective Affiliates or their respective representatives to this Agreement Representatives is require required to disclose any information Transaction Information by applicable Law or any binding Order, such Person Party shall notify to the Purchaser other Parties as early as practicable prior to disclosure to allow Purchaser any relevant other Party to take appropriate measures to preserve the confidentiality of such information. Any breach of this Section 6.05(a) 4.02 by any Affiliate, Representative or lender of a Party shall be deemed to be a breach by such Party. Notwithstanding the foregoing, it is expressly agreed, acknowledged and understood by the Company and the Selling Shareholders that the Purchaser, as a publicly traded company, will be required to disclose Transaction Information upon signing and/or Closing of this Agreement, as required by applicable Laws and that such disclosure shall not be deemed a breach of the Purchaser’s obligations hereof, provided that the form and content of such announcement is shared with and makes reasonable efforts to take reasonable account of the Selling Shareholders’ Representative prior to release. “Transaction Information” includes (i) the existence or terms of this Agreement or the other Documents, or (ii) the existence of discussions and negotiations between or among the Purchaser, the Company, and the holders of any Securities of the Company Securities or any of their respective Representatives. Notwithstanding anything in this Agreement or the Confidentiality Agreements to the contrary, following Closing, the Selling Shareholders shall be permitted to disclose information to Employees, advisors, agents or consultants, in each case who have a need to know such information, provided that such persons are subject to confidentiality obligations with respect thereto. (b) Notwithstanding the provisions of Section 6.05(a4.02(a) above any Party may disclose information which it would otherwise be required to keep confidential: (i) with the prior consent in writing of the Purchaser and the Selling Shareholders’ Representative (as appropriate); (ii) to confirm that the Transaction has taken place, Purchaser shall determine in its reasonable discretion whether any public announcement, press release or response to media inquiries regarding this Agreement, the other Documents or the Transactions may be made to comply with legal or regulatory requirements and, shall be entitled to issue date of the Transaction (but without otherwise revealing any such public announcement or press release or respond to media inquiries which may include other terms of the Transactions. Following Transaction or making any other announcement); provided that such disclosure is in no event made prior to Purchaser’s compliance with its public disclosure requirements, and that Selling Shareholder’s disclosure does not contain any information otherwise not disclosed under Purchaser’s disclosure; (iii) to make any filing with, or obtain any authorisation from, any regulatory, governmental or similar body, or any Tax Authority or securities exchange of competent jurisdiction; or (iv) to protect the issuance relevant Party’s interest in any legal proceedings provided that in the case of disclosure pursuant to Section 4.02(b)(iii) and(iv) (and to the extent they are legally permitted to do so) the party making the disclosure gives the Purchaser and the Selling Shareholders’ Representative as much notice of the disclosure as possible and consults with such other Parties and takes into account their reasonable requests concerning the content of such press release, any party may issue a subsequent press release in content consistent therewithdisclosure. (c) Notwithstanding the foregoing, (i) a Selling Shareholder that is a venture capital fund or a holding company may inform its respective limited partners, shareholders, investors and professional advisors of the Transactions consistent with its prior practice, provided that any such communication advises such limited partners, investors and professional advisors of the confidential nature of the information contained in such communication, and (ii) a Selling Shareholder that is a venture capital fund or a holding company may inform bona fide prospective investors who are under appropriate confidentiality provisions of the amount of their investment in the Company and the return on such investment that resulted from the Transactions and, and only after Company has publicly acknowledged its involvement in the Transaction, Company’s identity.

CONFIDENTIALITY AND ANNOUNCEMENTS. (a) Each Party shall, and shall use its commercially reasonable efforts to cause its Affiliates and Representatives to, keep confidential and not disclose to any other Person any Transaction Information or, in the case of the Selling Shareholders, any Confidential Information (provided that if this Agreement is terminated, the Selling Shareholders shall only be subject to confidentiality with respect to the Transaction Information). Notwithstanding the foregoing each Party may disclose Transaction Information and, in the case of the Selling Shareholders, Confidential Information, to its Affiliates, Representatives and lenders, in each case only where such persons or entities are under appropriate nondisclosure obligations of a similar nature. The obligations of a Party under this Section 6.05 6.05(b) shall not apply to information which: (i) is or becomes generally available to the public without breach of obligations under this Section 6.05(a6.05(b), (ii) becomes available to a Party on a non-confidential basis from a source other than a Party to this Agreement (provided that such Party can demonstrate that such source was not known by such Party to be bound by a confidentiality agreement with or other contractual, legal or fiduciary obligation of confidentiality. If a Selling Shareholder or any of its Affiliates or their respective representatives to this Agreement is require to disclose any information by Law or any Order, such Person shall notify to the Purchaser as early as practicable prior to disclosure to allow Purchaser to take appropriate measures to preserve the confidentiality of such information. Any breach of this Section 6.05(a6.05(b) by any Affiliate, Representative or lender of a Party shall be deemed to be a breach by such Party. “Transaction Information” includes (i) the existence or terms of this Agreement or the other Documents, or (ii) the existence of discussions and negotiations between or among the Purchaser, the Company, and the holders of any Company Securities or any of their respective Representatives. (b) Notwithstanding Section 6.05(a6.05(b), the Purchaser shall determine in its reasonable sole discretion whether any public announcement, press release or response to media inquiries regarding this Agreement, the other Documents or the Transactions may be made to comply with legal or regulatory requirements and, and shall be entitled to issue any such public announcement or press release or respond to media inquiries which may include terms of the Transactions. Following the issuance of such press release, any party may issue a subsequent press release in content consistent therewith. (c) Notwithstanding the foregoing, (i) a Selling Shareholder that is a venture capital fund or a holding company may inform its respective limited partners, shareholders, investors and professional advisors of the Transactions consistent with its prior practice, provided that any such communication advises such limited partners, investors and professional advisors of the confidential nature of the information contained in such communication, and (ii) a Selling Shareholder that is a venture capital fund or a holding company may inform bona fide prospective investors who are under appropriate confidentiality provisions of the amount of their investment in the Company and the return on such investment that resulted from the Transactions and, and only after Company Parent has publicly acknowledged its involvement in the Transaction, CompanyParent’s identity.

CONFIDENTIALITY AND ANNOUNCEMENTS. (a) Each Party shall, and shall use its commercially reasonable efforts to cause its Affiliates and Representatives to, keep confidential and not disclose to any other Person any Transaction Information or, in the case of the Selling Shareholders, any Confidential Information (provided that if this Agreement is terminated, the Selling Shareholders shall only be subject to confidentiality with respect to the Transaction Information). Notwithstanding the foregoing foregoing, each Party may disclose Transaction Information and, in the case of the Selling Shareholders, Confidential Information, to its Affiliates, Representatives Representatives, investors and lenders, in each case only where such persons or entities are under appropriate nondisclosure obligations of a similar naturenature and on a need-to-know basis. The obligations of a Party under this Section 6.05 5.06(a) shall not apply to information which: (i) is or becomes generally available to the public without breach of obligations under this Section 6.05(a5.06(a), (ii) becomes available to a Party on a non-confidential basis from a source other than a Party to this Agreement (provided that such Party can demonstrate that such source was not known by such Party to be bound by a confidentiality agreement with or other contractual, legal or fiduciary obligation of confidentiality. If a Selling Shareholder any Party or any of its respective Affiliates or their respective representatives to this Agreement Representatives is require required to disclose any information Transaction Information by applicable Law or any binding Order, such Person Party shall notify to the Purchaser other Parties as early as practicable prior to disclosure to allow Purchaser any relevant other Party to take appropriate measures to preserve the confidentiality of such information. Any breach of this Section 6.05(a5.06(a) by any Affiliate, Representative or lender of a Party shall be deemed to be a breach by such Party. Notwithstanding the foregoing, it is expressly agreed, acknowledged and understood by the Company and the Selling Shareholders that the Purchaser, as a publicly traded company, will be required to disclose Transaction Information upon signing and/or Closing of this Agreement, as required by applicable Laws and that such disclosure shall not be deemed a breach of the Purchaser’s obligations hereof. “Transaction Information” includes (i) the existence or terms of this Agreement or the other Documents, or (ii) the existence of discussions and negotiations between or among the Purchaser, the Company, and the holders of any Securities of the Company Securities or any of their respective Representatives. Notwithstanding anything in this Agreement or the Confidentiality Agreements to the contrary, following Closing, the Selling Shareholders shall be permitted to disclose information to employees, advisors, agents or consultants, in each case who have a need to know such information, provided that such persons are subject to confidentiality obligations with respect thereto. (b) Notwithstanding Without derogating from Section 6.05(a5.06(a), the Purchaser and the Company shall mutually determine in its reasonable discretion whether any public announcement, press release or response to media inquiries regarding this Agreement, the other Documents or the Transactions may be made to comply with legal or regulatory requirements and, and shall be entitled to mutually issue any such public announcement or press release or respond to media inquiries which may include terms of the Transactions. Following the issuance of such press release, any party Party may issue a subsequent press release in content consistent therewith. (c) Notwithstanding the foregoing, (i) a Selling Shareholder that is a venture capital fund or a holding company may inform its respective limited partners, shareholders, investors and professional advisors of the Transactions consistent with its prior practice, provided that any such communication advises such limited partners, investors and professional advisors of the confidential nature of the information contained in such communication, and (ii) a Selling Shareholder that is a venture capital fund or a holding company may inform bona fide prospective investors who are under appropriate confidentiality provisions of the amount of their investment in the Company and the return on such investment that resulted from the Transactions and, and only after Company has publicly acknowledged its involvement in the Transaction, Company’s identity.

CONFIDENTIALITY AND ANNOUNCEMENTS. (a) Each Party The terms of the NDA shall apply to any information provided to Parent, the Company or any of the Subsidiaries pursuant to this Agreement. AGREEMENT AND PLAN OF MERGER (b) Without limiting the terms of the NDA, except for disclosures approved by Parent and the Company, none of the parties hereto shall, and shall use its commercially reasonable efforts to cause its their Affiliates and Representatives representatives not to, keep confidential and not disclose to any other Person any Transaction Information or, in the case of the Selling Shareholders, any Confidential Information (provided that if this Agreement is terminated, the Selling Shareholders shall only be subject to confidentiality with respect to the Transaction Information). Notwithstanding the foregoing each Party may disclose Transaction Information and, in the case of the Selling Shareholders, Confidential Information, to its Affiliates, Representatives and lenders, in each case only where such persons terms or entities are under appropriate nondisclosure obligations of a similar nature. The obligations of a Party under this Section 6.05 shall not apply to information which: (i) is or becomes generally available to the public without breach of obligations under this Section 6.05(a), (ii) becomes available to a Party on a non-confidential basis from a source other than a Party to this Agreement (provided that such Party can demonstrate that such source was not known by such Party to be bound by a confidentiality agreement with or other contractual, legal or fiduciary obligation of confidentiality. If a Selling Shareholder or any of its Affiliates or their respective representatives to this Agreement is require to disclose any information by Law or any Order, such Person shall notify to the Purchaser as early as practicable prior to disclosure to allow Purchaser to take appropriate measures to preserve the confidentiality of such information. Any breach of this Section 6.05(a) by any Affiliate, Representative or lender of a Party shall be deemed to be a breach by such Party. “Transaction Information” includes (i) the existence or terms of this Agreement or the subject matter or terms of the transactions contemplated hereby to any other DocumentsPerson. Notwithstanding the foregoing, or (iithis Section 4.5(b) shall not prohibit a Person from making any disclosure which, in the existence reasonable opinion of discussions and negotiations between or among such Person’s outside legal counsel, is required to avoid a violation of applicable law by such Person, in which event the Purchaser, Person required to make such disclosure shall do so only to the Company, and the holders of any Company Securities or any of their respective Representatives. (b) Notwithstanding Section 6.05(a), Purchaser shall determine in its reasonable discretion whether any public announcement, press release or response to media inquiries regarding this Agreement, the other Documents or the Transactions may be made limited extent necessary to comply with legal or regulatory requirements and, such law and shall be entitled give advance written notice thereof to issue the other party and an opportunity to comment on any such public announcement or press release or respond to media inquiries which may include terms of disclosure and oppose the Transactions. Following the issuance of such press release, any party may issue a subsequent press release in content consistent therewithneed therefor. (c) Notwithstanding the foregoingSubject to Section 4.5(a) and notwithstanding Section 4.5(b), (i) a Selling Shareholder that is a venture capital fund or a holding company may inform its respective limited partners, shareholders, investors and professional advisors of the Transactions consistent with its prior practice, provided that any such communication advises such limited partners, investors and professional advisors of the confidential nature of the information contained in such communication, and (ii) a Selling Shareholder that is a venture capital fund or a holding company may inform bona fide prospective investors who are under appropriate confidentiality provisions of the amount of their investment in the Company and Parent shall consult with each other as to the return on such investment that resulted from form, substance and timing of any press release or other public disclosure related to this Agreement or the Transactions transactions contemplated hereby and, and only after Company has publicly acknowledged its involvement except as required by law, no such press release or other public disclosure shall be made without the consent of the other such party hereto, which consent shall not be unreasonably withheld or delayed. Notwithstanding the foregoing or any contrary term contained in the TransactionNDA, Company’s identityto the extent that either such party determines that it or the other party is required to file or register this Agreement, a summary thereof or a notification thereof to comply with the requirements of an applicable stock exchange or any Governmental Authority, such party shall give notice of any such required disclosure to the other party. Such parties shall cooperate in such filing, registration or notification and shall execute all documents reasonably required in connection therewith.

CONFIDENTIALITY AND ANNOUNCEMENTS. (a) Each Party shallSeller shall keep confidential non-public information in its possession to the extent relating to the Business; provided, and however, that in no event shall Seller or any of its Affiliates be prohibited hereby from making any disclosure to the extent such disclosure is (i) pursuant to legal process (by interrogatories, subpoena, civil investigative demand or similar process) or in connection with a Proceeding involving claims brought by a third-party (in which case Seller shall use its commercially reasonable efforts to cause its Affiliates and Representatives to, keep confidential and not disclose to any other Person any Transaction Information or, in preserve the case confidentiality of the Selling Shareholders, any Confidential Information (provided that if this Agreement is terminated, the Selling Shareholders shall only be subject to confidentiality with respect to the Transaction Information). Notwithstanding the foregoing each Party may disclose Transaction Information and, in the case of the Selling Shareholders, Confidential Information, to its Affiliates, Representatives and lenders, in each case only where such persons or entities are under appropriate nondisclosure obligations of a similar nature. The obligations of a Party under this Section 6.05 shall not apply to non-public information which: (i) is or becomes generally available to the public without breach of obligations under this Section 6.05(adisclosed), (ii) becomes available pursuant to a Party on a non-confidential basis from a source the assertion of Seller’s rights under or in connection with this Agreement and the Ancillary Agreements, (iii) pursuant to regulatory or supervisory process, examination, inquiry or request, and (iv) to the extent such disclosure is reasonably necessary for purposes of compliance by Seller or its Affiliates with Tax or regulatory reporting requirements or other Applicable Law or in connection with the conduct of any business of Seller or its Affiliates, other than a Party to this Agreement (provided that such Party can demonstrate that such source was not known by such Party to be bound by a confidentiality agreement with or other contractualthe Business, legal or fiduciary obligation of confidentiality. If a Selling Shareholder or any of its Affiliates or their respective representatives to this Agreement is require to disclose any information by Law or any Order, such Person shall notify to in the Purchaser as early as practicable prior to disclosure to allow Purchaser to take appropriate measures to preserve the confidentiality of such information. Any breach of this Section 6.05(a) by any Affiliate, Representative or lender of a Party shall be deemed to be a breach by such Party. “Transaction Information” includes (i) the existence or terms of this Agreement or the other Documents, or (ii) the existence of discussions and negotiations between or among the Purchaser, the Company, and the holders of any Company Securities or any of their respective Representativesordinary course. (b) Notwithstanding Section 6.05(a), Purchaser shall determine in its reasonable discretion whether any public announcement, press release or response to media inquiries regarding this AgreementFrom and after the Closing, the other Documents or Confidentiality Agreement shall terminate and be of no force and effect with respect to any information relating to the Transactions may be made to comply with legal or regulatory requirements and, shall be entitled to issue any such public announcement or press release or respond to media inquiries which may include terms of the Transactions. Following the issuance of such press release, any party may issue a subsequent press release in content consistent therewithBusiness. (c) Notwithstanding Seller and Buyer shall consult with each other as to the foregoingform, (i) a Selling Shareholder that is a venture capital fund substance and timing of any press release or a holding company may inform its respective limited partners, shareholders, investors and professional advisors of other public disclosure related to this Agreement or the Transactions consistent with its prior practice, provided that any such communication advises such limited partners, investors and professional advisors of the confidential nature of the information contained in such communication, and (ii) a Selling Shareholder that is a venture capital fund or a holding company may inform bona fide prospective investors who are under appropriate confidentiality provisions of the amount of their investment in the Company and the return on party seeking to issue such investment a press release or make a public disclosure shall obtain the other party’s consent prior to the issuance, publication or dissemination thereof, such consent not to unreasonably withheld, conditioned or delayed; provided, however, that resulted from Seller may make any disclosure to Account Holders as it deems reasonably necessary in connection with the Transactions and, and only after Company has publicly acknowledged its involvement in either party may make such disclosure to the Transaction, Company’s identityextent required by Applicable Law.

CONFIDENTIALITY AND ANNOUNCEMENTS. (a) Each Party shall, and shall use its commercially reasonable efforts to cause its Affiliates and Representatives to, keep confidential and not disclose to any other Person any Transaction Information or, in the case of the Selling Shareholders, any Confidential Information (provided that if this Agreement is terminated, the Selling Shareholders shall only be subject to confidentiality with respect to the Transaction Information). Notwithstanding the foregoing foregoing, each Party may disclose Transaction Information and, in the case of the Selling Shareholders, Confidential Information, to its Affiliates, Representatives Representatives, investors and lenders, in each case only where such persons or entities are under appropriate nondisclosure obligations of a similar naturenature and on a need-to-know basis. The obligations of a Party under this Section 6.05 6.06(a) shall not apply to information which: (i) is or becomes generally available to the public without breach of obligations under this Section 6.05(a6.06(a), (ii) becomes available to a Party on a non-confidential basis from a source other than a Party to this Agreement (provided that such Party can demonstrate that such source was not known by such Party to be bound by a confidentiality agreement with or other contractual, legal or fiduciary obligation of confidentiality. If a Selling Shareholder any Party or any of its respective Affiliates or their respective representatives to this Agreement Representatives is require required to disclose any information Transaction Information by applicable Law or any binding Order, such Person Party shall notify to the Purchaser other Parties as early as practicable prior to disclosure to allow Purchaser any relevant other Party to take appropriate measures to preserve the confidentiality of such information. Any breach of this Section 6.05(a6.06(a) by any Affiliate, Representative or lender of a Party shall be deemed to be a breach by such Party. Notwithstanding the foregoing, it is expressly agreed, acknowledged and understood by the Company and the Selling Shareholders that the Parent, as a publicly traded company, will be required to disclose Transaction Information upon signing and/or Closing this Agreement, as required by applicable Laws and that such disclosure shall not be deemed a breach of the Parent's obligations hereof. “Transaction Information” includes (i) the existence or terms of this Agreement or the other Documents, or (ii) the existence of discussions and negotiations between or among the Purchaser, the Company, and the holders of any Securities of the Company Securities or any of their respective Representatives. Notwithstanding anything in this Agreement or the Confidentiality Agreement to the contrary, following Closing, the Holder Representative shall be permitted to disclose information to employees, advisors, agents or consultants of the Holder Representative and to the Selling Shareholders, in each case who have a need to know such information, provided that such persons are subject to confidentiality obligations with respect thereto. (b) Notwithstanding Without derogating from Section 6.05(a), Purchaser the Parent and the Company shall mutually determine in its reasonable discretion whether any public announcement, press release or response to media inquiries regarding this Agreement, the other Documents or the Transactions may be made to comply with legal or regulatory requirements and, and shall be entitled to mutually issue any such public announcement or press release or respond to media inquiries which may include terms of the Transactions. Following the issuance of such press release, any party Party may issue a subsequent press release in content consistent therewith. Notwithstanding anything in this Agreement or the Confidentiality Agreement to the contrary, following Closing and after the public announcement of the Transactions, the Holder Representative shall be permitted to publicly announce that it has been engaged to serve as the Holder Representative in connection herewith as long as such announcement does not disclose any of the other terms hereof. (c) Notwithstanding the foregoing, (i) a Selling Shareholder that is a venture capital fund or a holding company may inform its respective limited partners, shareholders, investors and professional advisors of the Transactions consistent with its prior practiceTransactions, provided that any such communication advises such limited partners, investors and professional advisors of the confidential nature of the information contained in such communication, and (ii) a Selling Shareholder that is a venture capital fund or a holding company may inform bona fide prospective investors who are under appropriate confidentiality provisions of the amount of their investment in the Company and the return on such investment that resulted from the Transactions and, and only after Company has publicly acknowledged its involvement in the Transaction, Company’s identity.

CONFIDENTIALITY AND ANNOUNCEMENTS. (a) Each Party shallShareholder agrees, and shall use its commercially reasonable efforts agrees to cause its Affiliates and Authorized Representatives to(as defined below), to keep confidential confidential, and not to make any use of (other than for purposes reasonably related to its interest in the Company or for purposes of filing such Shareholder’s tax returns) or disclose to any Person, any non-public information relating to the Company and its affairs and any non-public information related to the Company’s investment in Target Company or the transactions contemplated herein (such information, the “Confidential Information”) (other than disclosure to such Shareholder’s current investors, or to such Shareholder’s Affiliates, directors, officers, partners, employees, agents, advisors, accountants, lawyers, investors or representatives responsible for matters relating to the Company or to any other Person any Transaction Information or, approved in writing by the case Directors (each such Person being hereinafter referred to as an “Authorized Representative”)); provided that such Shareholder and its Authorized Representatives may make such disclosure to the extent that: (a) the information to be disclosed is publicly known at the time of the Selling Shareholders, any Confidential Information proposed disclosure by such Shareholder or Authorized Representative; (provided that if this Agreement is terminated, b) the Selling Shareholders shall only be subject to confidentiality with respect to the Transaction Information). Notwithstanding the foregoing each Party may disclose Transaction Information and, in the case of the Selling Shareholders, Confidential Information, to its Affiliates, Representatives and lenders, in each case only where such persons or entities are under appropriate nondisclosure obligations of a similar nature. The obligations of a Party under this Section 6.05 shall not apply to information which: (i) otherwise is or becomes generally available legally known to such Shareholder other than through disclosure by the public without breach of obligations under this Section 6.05(a)Company, (ii) becomes available the Directors, Target Company or any Affiliate thereof, or other party that is subject to a Party on a non-confidential basis from a source other than a Party confidentiality agreement with, any of the foregoing entities; (c) the information is required in connection with any audit by any tax authority; (d) the information is required in response to this Agreement any summons or subpoena or in connection with any litigation or administrative proceeding, and/or (e) such Shareholder reasonably believes disclosure is required by Applicable Law or in response to any governmental agency request or in connection with an examination by regulatory authorities (provided that such Party can demonstrate that such source was not known by such Party to be bound by a confidentiality agreement with agency, regulatory authorities or other contractual, legal or fiduciary obligation of confidentiality. If a Selling Shareholder or any of its Affiliates or their respective representatives to this Agreement association is require to disclose any information by Law or any Order, such Person shall notify to the Purchaser as early as practicable prior to disclosure to allow Purchaser to take appropriate measures to preserve the confidentiality of such information. Any breach of this Section 6.05(a) by any Affiliate, Representative or lender of a Party shall be deemed to be a breach by such Party. “Transaction Information” includes (i) the existence or terms of this Agreement or the other Documents, or (ii) the existence of discussions and negotiations between or among the Purchaser, the Company, and the holders of any Company Securities or any of their respective Representatives. (b) Notwithstanding Section 6.05(a), Purchaser shall determine in its reasonable discretion whether any public announcement, press release or response to media inquiries regarding this Agreement, the other Documents or the Transactions may be made to comply with legal or regulatory requirements and, shall be entitled to issue any such public announcement or press release or respond to media inquiries which may include terms of the Transactions. Following the issuance of such press release, any party may issue a subsequent press release in content consistent therewith. (c) Notwithstanding the foregoing, (i) a Selling Shareholder that is a venture capital fund or a holding company may inform its respective limited partners, shareholders, investors and professional advisors of the Transactions consistent with its prior practice, provided that any such communication advises such limited partners, investors and professional advisors informed of the confidential nature of the information contained disclosed). Prior to making any disclosure required by Applicable Law, each Shareholder shall use commercially reasonable efforts to notify the Company of such disclosure, except to the extent that such notice is prohibited by Applicable law. Prior to any disclosure to any Authorized Representative, each Shareholder shall use commercially reasonable efforts to advise such Authorized Representative of the obligations set forth in this Clause and obtain the agreement of such communication, Person to be bound by the terms of such obligations (unless any such Authorized Representative is already subject to similar confidentiality obligations which would require such Authorized Representative to keep any Confidential Information under this Agreement confidential); provided that: (i) each Shareholder shall be allowed to disclose to investors and (ii) a Selling Shareholder that is a venture capital fund or a holding company may inform bona fide prospective investors who are under appropriate confidentiality provisions of such Shareholder (i) the amount name of their investment in the Company and the return on name of Target Company and all its Subsidiaries, (ii) the name and logo of Samara Fund II in its respective capacity as a Shareholder in the Company, (iii) a brief description of the industry and geographic location of the Company and Target Company and its Subsidiaries, (iv) the amount and date of such investment Shareholder’s Capital Contributions, the amount of such Shareholder’s Capital Contribution to the Company and the aggregate amount of all Capital Contribution to the Company, and (v) the net asset value of such Shareholder’s interest in the Company, in each case without the need for obtaining any such prospective investor’s agreement to be bound by the obligations set forth in this Clause; and (ii) each Shareholder shall be allowed to disclose to prospective investors of such Shareholder any Confidential Information, provided that resulted either (i) prior to any such disclosure such Shareholder shall enter into a written confidentiality agreement with any such prospective investor with respect to such Confidential Information, such that the said confidentiality agreement binds the prospective investor to confidentiality obligations, substantially similar to the obligations set forth in this Clause and have a term of at least one year from the Transactions anddate of such agreement, or (ii) such prospective investor shall already be, pursuant to agreements or substantially equivalent duties of confidentiality, subject to similar restrictions with respect to the use and only after disclosure of Confidential Information as are set forth in this Agreement. (b) Each Shareholder and its Affiliates may, without additional notice to the Company, refer to the Company as one of its investments or to Samara Fund II as one of its private equity investment partners on any website it maintains or in connection with efforts to market its services to others without any discussion of the Company’s assets under management, the Company’s financial statements, investment considered or made by the Company or the value of the Company’s investments. (c) None of the Parties hereto shall issue a press release or make any public announcement or other public disclosure with respect to any of the transactions contemplated herein without obtaining the prior written consent of the other Shareholders or use the name of any Shareholder or any Affiliate of such Shareholder without obtaining in each instance the prior written consent of such Shareholder (as applicable). (d) The Company agrees that it will not, without the prior written consent of the applicable Shareholder, in each instance, (a) use in advertising, publicity, or otherwise the name of a Shareholder or any Affiliate of a Shareholder, or any partner or employee of an Affiliate of a Shareholder, nor any trade name, trademark, trade device, service xxxx, symbol or any abbreviation, contraction or simulation thereof owned by a Shareholder or its Affiliates, or (b) represent, directly or indirectly, that any product or any service provided by the Company has publicly acknowledged its involvement in been approved or endorsed by a Shareholder or an Affiliate of a Shareholder. The Company further agrees that it shall obtain the Transaction, written consent from the applicable Shareholder prior to the Company’s identity's issuance of any public statement detailing such Affiliate of such Shareholder.