Common use of Confidentiality; Public Disclosure Clause in Contracts

Confidentiality; Public Disclosure. (a) The parties hereto acknowledge that Acquirer and the Company have previously executed a Mutual Confidentiality and Non-Disclosure Agreement, dated as of November 15, 2016 (the “Confidentiality Agreement”), which shall continue in full force and effect in accordance with its terms. Each party hereto agrees that it and its Representatives shall hold the terms of this Agreement, and the fact of this Agreement’s existence, in strict confidence. At no time shall any party hereto disclose any of the terms of this Agreement (including the economic terms) or any non-public information about a party hereto to any other Person without the prior written consent of the party hereto about which such non-public information relates. Notwithstanding anything to the contrary in the foregoing, a party hereto shall be permitted to disclose any and all terms to its financial, tax and legal advisors (each of whom is subject to a similar obligation of confidentiality), and to any Governmental Entity or administrative agency to the extent necessary or advisable in compliance with Applicable Law or the rules of the New York Stock Exchange (including, with respect to Acquirer, any filing with the Securities and Exchange Commission pursuant to U.S. securities laws). The Securityholders’ Agent hereby agrees to be bound by the terms and conditions of the Confidentiality Agreement to the same extent as though the Securityholders’ Agent were a party thereto. With respect to the Securityholders’ Agent, as used in the Confidentiality Agreement, the term “Confidential Information” shall also include information relating to the Purchase Transaction or this Agreement received by the Securityholders’ Agent after the Closing or relating to the period after the Closing.

Confidentiality; Public Disclosure. (a) The parties hereto acknowledge that Acquirer Parent and the Company have previously executed a Mutual that certain Confidentiality Agreement dated April 25, 2018, by and Non-Disclosure Agreement, dated as of November 15, 2016 between the Company and Parent (the “Confidentiality Agreement”), which shall continue in full force and effect in accordance with its terms. Each party hereto agrees that it and its Representatives shall hold the terms of this Agreement, and the fact of this Agreement’s existence, in strict confidence. At no time shall any party the Company or its Representatives hereto disclose any of the terms of this Agreement (including the economic terms) or any non-public information about a party hereto to any other Person without the prior written consent of the party hereto about which such non-public information relatesParent. Notwithstanding anything to the contrary in the foregoing, a party hereto shall be permitted to disclose any and all terms (i) to any Person, to the extent that Parent or Merger Sub has previously publicly disclosed such terms, (ii) to its financial, tax and legal advisors (each of whom is subject to a similar obligation of confidentiality), and (iii) to any Governmental Entity or administrative agency to the extent necessary or advisable in compliance with Applicable applicable Law (including in connection with the making of any filings required under the HSR Act and to respond to requests for information or documents made by a Governmental Entity in connection with its investigation of the Transactions described herein) and the rules of the New York Stock Exchange (including, with respect to Acquirer, any filing with the Securities and Exchange Commission pursuant to U.S. securities laws)primary exchange on which such party is then listed. The SecurityholdersStockholders’ Agent Representative hereby agrees to be bound by the terms and conditions of the Confidentiality Agreement to the same extent as though the SecurityholdersStockholders’ Agent Representative were a party thereto. With respect to the SecurityholdersStockholders’ AgentRepresentative, as used in the Confidentiality Agreement, the term “Confidential Information” shall also include information relating to the Purchase Transaction Merger or this Agreement received by the SecurityholdersStockholders’ Agent Representative after the Closing or relating to the period after the Closing.

Confidentiality; Public Disclosure. (a) The parties hereto acknowledge that Acquirer and the Company have previously executed a that certain Mutual Confidentiality and Non-Disclosure Agreement, dated as of November 1520, 2016 2020 (the “Confidentiality Agreement”), which shall continue in full force and effect in accordance with its terms. Each party hereto agrees that it and its Representatives shall hold the terms of this Agreement, and the fact of this Agreement’s existence, Agreement in strict confidence. At no time shall any party hereto disclose any of the terms of this Agreement (including the economic terms) or any non-public information about a party hereto to any other Person without the prior written consent of the party hereto about which such non-public information relates. Notwithstanding anything to the contrary in the foregoing, a party hereto shall be permitted to disclose any and all terms to its financial, tax and legal advisors (each of whom is subject to a similar obligation of confidentiality), and to any Governmental Entity or administrative agency to the extent necessary or advisable in compliance with Applicable Law or the rules of the New York Stock Exchange (including, with respect to Acquirer, any filing with the Securities and Exchange Commission pursuant to U.S. securities laws)Law. The SecurityholdersStockholders’ Agent hereby agrees to be bound by the terms and conditions of the Confidentiality Agreement to the same extent as though the SecurityholdersStockholders’ Agent were a party thereto. With respect to the SecurityholdersStockholders’ Agent, as used in the Confidentiality Agreement, the term “Confidential Information” shall also include information relating to the Purchase Transaction Merger or this Agreement received by the SecurityholdersStockholders’ Agent after the Closing or relating to the period after the Closing.

Confidentiality; Public Disclosure. (a) The parties hereto acknowledge that Acquirer and the Company have previously executed a Mutual Confidentiality and Non-Disclosure Agreement, dated as of November 15, 2016 (the “Confidentiality Agreement”), which Agreements shall continue in full force and effect in accordance with its their terms. Each party hereto agrees that it and its Representatives shall hold the terms of this Agreement, and the fact of this Agreement’s existence, in strict confidence. At no time shall any party hereto disclose any of the terms of this Agreement (including the economic terms) or any non-public information about a party hereto to any other Person without the prior written consent of the party hereto about which such non-public information relates. Notwithstanding anything to the contrary in the foregoing, a party hereto shall be permitted to disclose any and all terms to its financial, tax and legal advisors (each of whom is subject to a similar obligation of confidentiality), and to any Governmental Entity or administrative agency to the extent necessary or advisable in compliance with Applicable Law or the rules of the New York Stock Exchange (including, with respect to Acquirer, any filing with the Securities and Exchange Commission pursuant to U.S. securities laws)Law. The Securityholders’ Securityholder Agent hereby agrees to be bound by the terms and conditions of the Confidentiality Agreement Agreements to the same extent as though the Securityholders’ Securityholder Agent were a party theretohereto. With respect to the Securityholders’ Securityholder Agent, as used in the Confidentiality Agreement, the term “Confidential Information” shall also include information relating to the Purchase Transaction Mergers or this Agreement received by the Securityholders’ Securityholder Agent after the Closing or relating to the period after the Closing.