Common use of Confidentiality and Restrictions on Trading Clause in Contracts

Confidentiality and Restrictions on Trading. Any confidential or proprietary information concerning the Company provided to any Purchaser or a representative thereof pursuant to this Agreement or otherwise, including SECTIONS 7.1 and 7.3 hereof, shall be used by such Purchaser or any representative or affiliate thereof solely in furtherance of its interests as an investor in the Company, and the Purchaser or representative or affiliate thereof shall (except as otherwise required by law to which the Purchaser or representative or affiliate thereof may be subject) maintain the confidentiality of all non-public information of the Company, provided that, notwithstanding any other term of this Agreement to the contrary, (i) the Company shall not be obligated to disclose any information, the disclosure of which its Board of Directors or President believes in good faith could have a material adverse effect on the Company or its stockholders, or both and (ii) the Purchasers shall be entitled to disclose such non-public information (a) as is reasonably necessary to enforce their rights under this Agreement, (b) on a confidential basis to their attorneys and other professionals to the extent reasonably necessary in connection with the Purchasers' investment in the Company, and (c) to any prospective purchaser of the Series B Preferred, or any affiliate or partner of a Purchaser, provided that such third party agrees to be bound by the confidentiality provisions hereof, and such third party is not a competitor of the Company. No Purchaser or representative, affiliate or transferee thereof shall purchaser, sell or take any other action relating to any capital stock or other securities issued by the Company if any such purchase, sale or other action would be in violation of any federal or state "insixxx xxxxxxx" xx other securities laws.

Confidentiality and Restrictions on Trading. Any confidential or proprietary information concerning the Company provided to any the Purchaser or a representative thereof pursuant to this Agreement or otherwise, including SECTIONS 7.1 and 7.3 hereof, shall be used by such the Purchaser or any representative or affiliate thereof solely in furtherance of its interests as an investor in the Company, and the Purchaser or representative or affiliate thereof shall (except as otherwise required by law to which the Purchaser or representative or affiliate thereof may be subject) maintain the confidentiality of all non-public information of the Company, provided that, notwithstanding any other term of this Agreement to the contrary, (ia) the Company shall not be obligated to disclose any information, the disclosure of which its Board of Directors or President believes in good faith could have a material adverse effect on the Company or its stockholders, or both and (iib) the Purchasers Purchaser shall be entitled to disclose such non-public information (ai) as is reasonably necessary to enforce their rights under this Agreement, (bii) on a confidential basis to their attorneys and other professionals to the extent reasonably necessary in connection with the Purchasers' Purchaser's investment in the Company, and (ciii) to any prospective purchaser of the Series B E Preferred, or any affiliate or partner of a the Purchaser, provided that such third party agrees to be bound by the confidentiality provisions hereof, and such third party is not a competitor of the Company. No Purchaser or representative, affiliate or transferee thereof shall purchaserpurchase, sell or take any other action relating to any capital stock or other securities issued by the Company if any such purchase, sale or other action would be in violation of any federal or state "insixxx xxxxxxx" xx other securities laws.

Confidentiality and Restrictions on Trading. Any confidential or proprietary information concerning the Company provided to any the Purchaser or a representative thereof pursuant to this Agreement or otherwise, including SECTIONS 7.1 and 7.3 hereof, shall be used by such the Purchaser or any representative or affiliate thereof solely in furtherance of its interests as an investor in the Company, and the Purchaser or representative or affiliate thereof shall (except as otherwise required by law to which the Purchaser or representative or affiliate thereof may be subject) maintain the confidentiality of all non-public information of the Company, provided that, notwithstanding any other term of this Agreement to the contrary, (ia) the Company shall not be obligated to disclose any information, the disclosure of which its Board of Directors or President believes in good faith could have a material adverse effect on the Company or its stockholders, or both and (iib) the Purchasers Purchaser shall be entitled to disclose such non-public information (ai) as is reasonably necessary to enforce their rights under this Agreement, (bii) on a confidential basis to their attorneys and other professionals to the extent reasonably necessary in connection with the Purchasers' Purchaser's investment in the Company, and (ciii) to any prospective purchaser of the Series B D Preferred, or any affiliate or partner of a the Purchaser, provided that such third party agrees to be bound by the confidentiality provisions hereof, and such third party is not a competitor of the Company. No Purchaser or representative, affiliate or transferee thereof shall purchaserpurchase, sell or take any other action relating to any capital stock or other securities issued by the Company if any such purchase, sale or other action would be in violation of any federal or state "insixxx xxxxxxx" xx other securities laws.

Confidentiality and Restrictions on Trading. Any confidential or proprietary information concerning the Company provided to any Purchaser or a representative thereof pursuant to this Agreement or otherwise, including SECTIONS 7.1 and 7.3 hereof, shall be used by such Purchaser or any representative or affiliate thereof solely in furtherance of its interests as an investor in the Company, and the Purchaser or representative or affiliate thereof shall (except as otherwise required by law to which the Purchaser or representative or affiliate thereof may be subject) maintain the confidentiality of all non-public information of the Company, provided that, notwithstanding any other term of this Agreement to the contrary, (i) the Company shall not be obligated to disclose any information, the disclosure of which its Board of Directors or President believes in good faith could have a material adverse effect on the Company or its stockholders, or both and (ii) the Purchasers shall be entitled to disclose such non-public information (a) as is reasonably necessary to enforce their rights under this Agreement, (b) on a confidential basis to their attorneys and other professionals to the extent reasonably necessary in connection with the Purchasers' investment in the Company, and (c) to any prospective purchaser of the Series B C Preferred, or any affiliate or partner of a Purchaser, provided that such third party agrees to be bound by the confidentiality provisions hereof, and such third party is not a competitor of the Company. No Purchaser or representative, affiliate or transferee thereof shall purchaserpurchase, sell or take any other action relating to any capital stock or other securities issued by the Company if any such purchase, sale or other action would be in violation of any federal or state "insixxx xxxxxxx" xx other securities laws.