Common use of Confidentiality of Investor Information Clause in Contracts

Confidentiality of Investor Information. Neither the Company nor --------------------------------------- any Holder or Common Holder (other than Intel), without the prior written consent of Intel, shall use Intel or its affiliates' names or refer to Intel or its affiliates directly or indirectly in connection with Intel or its affiliates' relationship with the Company in any advertisement, news release or professional or trade publication, or in any other manner, unless required by law. The parties agree that without the prior written consent of Intel, there will be no press release or other public statement (an "Announcement") issued by any party which refers directly or indirectly to Intel's participation as a party to this Agreement or Intel's participation in the transactions contemplated hereby. The parties further agree that, apart from an Announcement, the parties will keep the terms and conditions of this Agreement, the Series A Agreement, the Series B Agreement and the Series C Agreement and any other agreements related to or entered into in connection with these agreements (collectively, the "Financing Agreements") in strictest confidence. These restrictions shall not prohibit disclosure to the parties' counsel, accountants and professional advisors. If any of the parties determines that it is required by law to disclose the terms and conditions of any or all of the Financing Agreements, or to file any or all of the Financing Agreements with the SEC, such party or parties shall, a reasonable time before making any such disclosure or filing, consult with Intel regarding such filing and seek confidential treatment for such portions of those agreements as may be requested by Intel. Notwithstanding the foregoing, the Company may disclose the existence of any or all of the Financing Agreements to bona fide potential investors or its general or limited partners or investors (in the case of a venture capital fund only) who are under obligations of nondisclosure, similar to those contained herein and which the Company believes in good faith are seriously considering investing in the Company.

Confidentiality of Investor Information. Neither the Company nor --------------------------------------- any Holder or Common Holder (other than Intel), without the prior written consent of Intel, shall use Intel or its affiliates' names or refer to Intel or its affiliates directly or indirectly in connection with Intel or its affiliates' relationship with the Company in any advertisement, news release or professional or trade publication, or in any other manner, unless required by law. The parties agree that without the prior written consent of Intel, there will be no press release or other public statement (an "Announcement") issued by any party which refers directly or indirectly to Intel's participation as a party to this Agreement or Intel's participation in the transactions contemplated hereby. The parties further agree that, apart from an Announcement, the parties will keep the terms and conditions of this Agreement, the Series A Agreement, the Series B Agreement and the Series C Agreement and any other agreements related to or entered into in connection with these agreements (collectively, the "Financing Agreements") in strictest confidence. These restrictions shall not prohibit disclosure to the parties' counsel, accountants and professional advisors. If any of the parties determines that it is required by law to disclose the terms and conditions of any or all of the Financing Agreements, or to file any or all of the Financing Agreements with the SEC, such party or parties shall, a reasonable time before making any such disclosure or filing, consult with Intel regarding such filing and seek confidential treatment for such portions of those agreements as may be requested by Intel. Notwithstanding the foregoing, the Company may disclose the existence of any or all of the Financing Agreements to bona fide potential investors or its general or limited partners or investors (in the case of a venture capital fund only) who are under obligations of nondisclosure, similar to those contained herein and which the Company believes in good faith are seriously considering investing in the Company.