Common use of Confidentiality; Publicity Clause in Contracts

Confidentiality; Publicity. Upon execution of this Agreement, Purchasers will issue a press release regarding this Agreement and the transactions contemplated hereby in the form attached hereto as Exhibit J. Except for the press release referenced in the preceding sentence and as otherwise required by Law or applicable requirements of any stock exchange, no press release or public announcement related to this Agreement or the transactions contemplated hereby or, prior to the Closing, any other announcement or communication (other than communications by the Company Entities, Purchasers or any of their respective officers, managers, employees and agents in the ordinary course of business) to the employees, customers, suppliers or other business relations of the Company Entities or Purchasers shall be issued or made without the joint approval of Purchasers and Seller, which approval shall not be unreasonably withheld or delayed, and the parties shall use reasonable efforts to agree upon the text of any such press release or public announcement prior to its release; provided that Seller and its Affiliates shall be entitled to communicate with their respective investors relating to this Agreement and the transactions contemplated hereby; provided, further, that no party shall be required to mention or otherwise use the name of another party or its Affiliates (other than the Company Entities) in such press release or public announcement and such omission shall not be used as a basis for withholding approval of such press release or public announcement. Notwithstanding the foregoing, each party may make announcements and communications regarding this Agreement and the transactions contemplated hereby consisting solely of information contained in and otherwise consistent with any previously issued press release or public announcement to such party's employees, customers, suppliers and other interested parties without the consent of the other parties.

Confidentiality; Publicity. Upon execution The parties shall keep the transaction contemplated hereby and all non-public information concerning the parties obtained in connection with the transactions contemplated hereby confidential, except (i) as may be required by applicable Law, (ii) except in connection with the entry of the Bankruptcy Order and/or the District Court Order and except to the extent deemed necessary or reasonably deemed desirable, in Sellers' discretion, for inclusion in any pleading filed with the U.S. Bankruptcy Court (or the Transferee Court, as the case may be) or the U.S. District Court seeking approval of this Agreement, Purchasers will issue including, a press release regarding motion for approval of this Agreement Agreement, the Bankruptcy Order and the District Court Order or in connection with any additional offers or bids, and any bidding procedures relating thereto, relating to the purchase and sale of the Assets and (iii) except in connection with the SEC's, or any other Governmental Authority's, investigation of Xxxxxxx Xxxxx or any of the Lancer Entities or Sellers; provided, however, that the foregoing confidentiality obligation shall not apply to the furnishing of information by Sellers or on Sellers' behalf to DDJ Capital Management, LLC, legal counsel and accountants on a "need to know" basis, it being understood that such representatives shall be informed of the highly confidential nature of the information and the transactions contemplated hereby in and that by receiving such information, they are agreeing to be bound by this SECTION 5.02. The parties hereto shall consult with each other and shall mutually agree (the form attached hereto as Exhibit J. Except for the press release referenced in the preceding sentence and as otherwise required by Law or applicable requirements agreement of any stock exchange, no press release or public announcement related each party not to this Agreement or the transactions contemplated hereby or, prior to the Closing, any other announcement or communication (other than communications by the Company Entities, Purchasers or any of their respective officers, managers, employees and agents in the ordinary course of business) to the employees, customers, suppliers or other business relations of the Company Entities or Purchasers shall be issued or made without the joint approval of Purchasers and Seller, which approval shall not be unreasonably withheld or delayed, and the parties shall use reasonable efforts to agree ) upon the text content and timing of any press release or other public statements with respect to the transactions contemplated by this Agreement and shall not issue any such press release or make any such public statement prior to such consultation and agreement, except as may he required in connection with the Cases or by applicable Law; provided, however, that each party shall give prior written notice to the other parties of the content and timing of any such press release or other public announcement prior to its release; provided that Seller and its Affiliates shall be entitled to communicate with their respective investors relating to this Agreement and the transactions contemplated hereby; provided, further, that no party shall be statement required to mention or otherwise use the name of another party or its Affiliates (other than the Company Entities) in by applicable Law. Any such press release public announcements or public announcement and such omission other disclosures shall not be used as a basis for withholding approval of such press release or public announcement. Notwithstanding the foregoing, each party may make announcements and communications regarding this Agreement and the transactions contemplated hereby consisting solely of information contained made in and otherwise consistent material compliance with any previously issued press release or public announcement to such party's employees, customers, suppliers and other interested parties without the consent of the other partiesall applicable securities laws.

Confidentiality; Publicity. Upon execution of this Agreement, Purchasers will issue a press release regarding this Agreement (a)The Sellers’ Representative and the transactions contemplated hereby in the form attached hereto as Exhibit J. Except for the press release referenced in the preceding sentence Buyer shall reasonably cooperate to prepare and as otherwise required by Law or applicable requirements of any stock exchange, no press release or public announcement related to this Agreement or the transactions contemplated hereby or, prior to the Closing, any other announcement or communication (other than communications by the Company Entities, Purchasers or any of their respective officers, managers, employees and agents in the ordinary course of business) to the employees, customers, suppliers or other business relations of the Company Entities or Purchasers shall be issued or made without the joint approval of Purchasers and Seller, which approval shall not be unreasonably withheld or delayed, and the parties shall use reasonable efforts to agree upon the text of any such press release or public announcement prior to its release; provided that Seller and its Affiliates shall be entitled to communicate with their respective investors relating to this Agreement and the transactions contemplated hereby; provided, further, that no party shall be required to mention or otherwise use the name of another party or its Affiliates (other than the Company Entities) in such press release or make a public announcement and such omission shall not be used as create and implement a basis for withholding approval of such press release or public announcementcommunications plan regarding the Transactions promptly following the date hereof. Notwithstanding the foregoing, each party may none of the Parties will make any public announcement or issue any public communication regarding this Agreement or the Transactions or any matter related to the foregoing, without the prior written consent of the Sellers’ Representative, in the case of a public announcement by the Buyer, or the Buyer, in the case of a public announcement by the Sellers (such consents, in either case, not to be unreasonably withheld), except (i) if such announcement or other communication is required by applicable Law or Order, in which case the disclosing Party shall, to the extent permitted by applicable Law or Order, first allow such other Parties to review such announcement or communication and the opportunity to comment thereon in advance of such issuance; (ii) in the case of the Sellers and their respective Affiliates, if such announcement or other communication is in connection with fundraising or other investment related activities or is to its direct and indirect investors or prospective investors; (iii) to the extent consistent with the communications plan mutually agreed upon by the Parties, internal announcements to employees of the Acquired Companies; (iv) announcements and communications regarding this Agreement to Governmental Entities in connection with Filings or Permits relating to the Transactions and which are made in accordance with Section 6.5; and (v) if such announcements or communications are consistent with the communications plan mutually agreed upon by the Sellers’ Representative and the transactions contemplated hereby consisting solely Buyer; provided, however, that except in the case of information contained clauses (i) and (iv) of this Section 6.3(a), in and otherwise consistent with no event shall any previously issued press release party hereto make, or allow to be made, any public 29 69838412_11 DB1/ 98258861.9 announcement to such party's employees, customers, suppliers and other interested parties without or communication that includes or references the consent of the other partiesPurchase Price or any element thereof.

Confidentiality; Publicity. Upon execution of All information furnished under this AgreementAgreement to either party or its representatives will be held in confidence in accordance with the Non-Disclosure Agreement signed by the parties dated November 20, Purchasers 2012. Neither party will issue a any press release regarding describing this Agreement and transaction except with the transactions contemplated hereby in prior written approval of the form attached hereto as Exhibit J. Except for the press release referenced in the preceding sentence and as otherwise required by Law or applicable requirements other party; provided, however, if a party determines, based upon advice of any stock exchangecounsel, no that a press release or public announcement related is required, or reasonably necessary to this Agreement comply with, the rules and regulations of NASDAQ or the transactions contemplated hereby or, prior to the Closing, any other announcement or communication (other than communications by the Company Entitiessecurities exchange on which either party’s shares are listed, Purchasers or any of their respective officers, managers, employees and agents in the ordinary course of business) to the employees, customers, suppliers or other business relations of the Company Entities or Purchasers shall be issued or made without the joint approval of Purchasers and Seller, which approval shall not be unreasonably withheld or delayed, and the parties shall use reasonable efforts to agree upon the text of any such press release or public announcement prior to its release; provided that Seller and its Affiliates shall be entitled to communicate with their respective investors relating to this Agreement and the transactions contemplated hereby; provided, further, that no party shall be required to mention or otherwise use the name of another party or its Affiliates (other than the Company Entities) in such press release or public announcement and such omission shall not be used as a basis for withholding approval of may make such press release or public announcement, in which case that party shall use commercially reasonable efforts to provide the other party reasonable time to comment on such release or announcement in advance of such issuance. Purchaser acknowledges that Seller shall be required to provide information to its shareholders subsequent to the Effective Date in order to solicit approval for completion of this transaction. Notwithstanding the foregoing, each party may make announcements or anything to the contrary in the Non-Disclosure Agreement referenced above, Seller acknowledges that after Closing Purchaser will be unrestricted in its right to use and communications regarding disclose information related to the Assets, information provided under this Agreement or the Non-Disclosure Agreement and the transactions contemplated hereby consisting solely existence and terms of this transaction. Purchaser acknowledges that after Closing Seller will be unrestricted in its right to disclose information contained in related to the Assets, information provided under this Agreement or the Non-Disclosure Agreement and otherwise consistent with any previously issued press release the existence and terms of this transaction so long as such disclosure is for the purpose of obtaining shareholder approval of this transaction or is required by applicable law or stock exchange requirements (based upon reasonable advice of counsel or is required by the Seller’s certified public announcement to such party's employees, customers, suppliers and other interested parties without the consent of the other partiesaccountants.

Confidentiality; Publicity. Upon execution of this (a) The Parties acknowledge that the Company and Buyer have previously executed the Confidentiality Agreement, Purchasers dated June 7, 2019 (the “Confidentiality Agreement”), which Confidentiality Agreement will issue a press release regarding this Agreement continue in full force and effect in accordance with its terms. Each of Buyer and the transactions contemplated hereby Company will hold, and will cause its Representatives to hold any Confidential Information (as defined in the form attached hereto as Exhibit J. Except for Confidentiality Agreement) confidential in accordance with the press release referenced in the preceding sentence and as otherwise required by Law or applicable requirements of any stock exchange, no press release or public announcement related to this Agreement or the transactions contemplated hereby or, prior to the Closing, any other announcement or communication (other than communications by the Company Entities, Purchasers or any of their respective officers, managers, employees and agents in the ordinary course of business) to the employees, customers, suppliers or other business relations terms of the Company Entities or Purchasers Confidentiality Agreement. Each party hereto agrees that it and its Representatives shall be issued or made without hold the joint approval terms of Purchasers and Seller, which approval shall not be unreasonably withheld or delayedthe Transaction Documents (including the economic terms), and the parties fact of the Transaction Documents’ existence, in strict confidence. At no time shall use reasonable efforts to agree upon the text Company or its Representatives disclose any of the terms of the Transaction Documents (including the economic terms) or any such press release or non-public announcement prior to its release; provided that Seller and its Affiliates shall be entitled to communicate with their respective investors relating to this Agreement and the transactions contemplated hereby; provided, further, that no party shall be required to mention or otherwise use the name of information about another party or its Affiliates (hereto to any other than Person without the Company Entities) in prior written consent of the Buyer about which such press release or non-public announcement and such omission shall not be used as a basis for withholding approval of such press release or public announcementinformation relates. Notwithstanding anything to the contrary in the foregoing, each a party may make announcements hereto shall be permitted to disclose any and communications regarding all terms of this Agreement to its financial, tax and legal advisors and, with respect to a party that is an investment fund, to any of its existing or potential investors (in each case, 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 and the transactions contemplated hereby consisting solely rules of information contained The Nasdaq Stock Market. Notwithstanding anything in this Agreement to the contrary, following Closing and otherwise consistent with any previously issued press release or the public announcement of the Merger, the Shareholders’ Representative shall be permitted to publicly announce that it has been engaged to serve as the Shareholders’ Representative in connection with the Merger as long as such party's employees, customers, suppliers and other interested parties without the consent announcement does not disclose any of the other partiesterms of the Merger or the other transactions contemplated herein.

Confidentiality; Publicity. Upon execution of Except as may be required by law or legal or administrative process or as otherwise permitted or expressly contemplated herein, no Party or their respective Affiliates, employees, agents and representatives shall disclose to any third party this Agreement, Purchasers will issue the subject matter or terms hereof or any confidential information or other proprietary knowledge concerning the business or affairs of any other Party which it may have acquired from such Party in the course of pursuing the transactions contemplated by this Agreement, without the prior consent of the other Parties; provided, however, that any information that is otherwise publicly available, without breach of this provision, or has been obtained from a press third party without a breach of such third party's duties, shall not be deemed confidential information. The Parties further agree that, from and the date hereof through the Closing Date, no public release regarding this Agreement and or announcement concerning the transactions contemplated hereby in the form attached hereto as Exhibit J. Except for the press release referenced in the preceding sentence and as otherwise required by Law or applicable requirements of any stock exchange, no press release or public announcement related to this Agreement or the transactions contemplated hereby or, prior to the Closing, any other announcement or communication (other than communications by the Company Entities, Purchasers or any of their respective officers, managers, employees and agents in the ordinary course of business) to the employees, customers, suppliers or other business relations of the Company Entities or Purchasers shall be issued or made by any Party without the joint approval prior consent of Purchasers and Seller, the other Parties (which approval consent shall not be unreasonably withheld withheld), except (i) for such releases or delayedannouncements which may be required by law or the rules or regulations of the United States Securities and Exchange Commission, the National Association of Securities Dealers or NASDAQ, in which case the Party required to make the release or announcement shall allow the other Parties reasonable time to comment on such release or announcement in advance of its issuance, and (ii) that each of the parties shall use reasonable efforts Representative and the Company may make such an announcement to agree upon the text of any such press release or public announcement prior to its release; provided that Seller and its Affiliates shall be entitled to communicate with their respective investors relating to this Agreement employees and the transactions contemplated hereby; partners, provided, further, that no party shall be required to mention or otherwise use the name of another party or its Affiliates (other than the Company Entities) may make no such announcements without the allowing APAC reasonable time to comment on such announcement in such press release or public announcement and such omission shall not be used as a basis for withholding approval advance of such press release or public announcementits issuance to the Company's employees. Notwithstanding the foregoing, each party may make announcements APAC and communications regarding the Principal Stockholders shall cooperate to prepare joint press releases to be issued (A) promptly following the execution of this Agreement and (B) on the transactions contemplated hereby consisting solely of information contained in and otherwise consistent with any previously issued press release or public announcement to such party's employees, customers, suppliers and other interested parties without the consent of the other partiesClosing Date.

Confidentiality; Publicity. Upon execution Except as may be required by Law, or as otherwise permitted or expressly contemplated herein, no Seller Party, or any of the Acquired Companies or any of their respective Affiliates or Representatives, on the one hand, nor the Buyer or any of its Affiliates or Representatives, on the other hand, shall disclose to any third party the existence of this Agreement or the subject matter or terms of this Agreement without the prior written consent of the other Party; provided, however, that each of the Parties and their respective Affiliates shall be permitted to disclose and use such confidential information in connection with (x) enforcing their rights and fulfilling their obligations under this Agreement or any Related Agreement, Purchasers will issue a press release regarding this Agreement and the transactions contemplated hereby in the form attached hereto (y) as Exhibit J. Except for the press release referenced in the preceding sentence and as is otherwise required by applicable Law or applicable requirements (z) to their current or prospective investors, lenders or partners in connection with fundraising activities or fund performance reporting, subject to customary obligations of any stock exchange, no confidentiality. No press release or public announcement related to this Agreement or the transactions contemplated hereby or, prior to the Closing, any other announcement or communication (other than communications by the Company Entities, Purchasers or any of their respective officers, managers, employees and agents in the ordinary course of business) to the employees, customers, suppliers or other business relations of the Company Entities or Purchasers Transactions shall be issued or made by (a) the Buyer without the joint approval of Purchasers and Sellerthe Sellers unless required by Law (in the reasonable opinion of counsel), in which approval case the Sellers shall not be unreasonably withheld or delayed, and have the parties shall use reasonable efforts right to agree upon the text of any review such press release release, announcement or public announcement communication prior to its release; provided that issuance, distribution or publication and consult with the Buyer with respect thereto, or (b) any Seller and its Affiliates Party without the approval of the Buyer unless required by Law (in the reasonable opinion of counsel), in which case the Buyer shall be entitled have the right to communicate with their respective investors relating to this Agreement and the transactions contemplated hereby; provided, further, that no party shall be required to mention or otherwise use the name of another party or its Affiliates (other than the Company Entities) in review such press release release, announcement or public announcement communication prior to its issuance, distribution or publication and such omission shall not be used as a basis for withholding approval of such press release or public announcementconsult with the Seller Parties with respect thereto. Notwithstanding the foregoing, each party the Buyer or its Affiliates may make announcements engage, on and after the date hereof, in communications regarding related to this Agreement or the Transactions with the Providers and the transactions contemplated hereby consisting solely of information contained Listed Employees; provided, however, that the Buyer shall consider in and otherwise consistent with good faith any previously issued press release or public announcement reasonable comments from the Seller Parties to such party's employees, customers, suppliers and other interested parties without the consent of the other partiesits initial general communication distribution to Providers.

Confidentiality; Publicity. Upon execution 5.1 Securityholder agrees that it understands and acknowledges that it may have had access to and may have learned (a) information proprietary to the Company, (b) other information proprietary to the Company, including trade secrets, processes, patent and trademark applications, product development, price, customer and supply lists, sales, pricing and marketing plans, policies and strategies, details of this Agreementclient and consultant contracts, Purchasers will issue a press release regarding this Agreement supplier, partner, merchant, lender, originator, processor, marketer, servicer and purchaser identities, operations methods, product development techniques, business acquisition plans and all other confidential information with respect to the transactions contemplated hereby in businesses of the form attached hereto as Exhibit J. Except for Company, and (c) other confidential and/or proprietary information of the press release referenced in the preceding sentence and as otherwise required Company obtained by Law or applicable requirements of any stock exchange, no press release or public announcement related to this Agreement or the transactions contemplated hereby or, Securityholder prior to the Closingearlier of (i) the Effective Time and (ii) the valid termination of the Merger Agreement, including the terms of, or other facts relating to, this Support Agreement, the Merger Agreement, the Mergers and the other Transaction Agreements and the other Transactions (collectively, “Proprietary Information”). Securityholder agrees as to only that, except for disclosures to such its counsel and accountants or in the proper performance of its duties with the Group Companies, it (i) will keep confidential all Proprietary Information, (ii) will not, directly or indirectly, disclose any other announcement Proprietary Information to any third party or communication use any Proprietary Information in any way and (iii) will not, directly or indirectly, misuse, misappropriate or exploit any Proprietary Information in any way. The restrictions contained in this Section 5 shall not apply to any information which (x) is at the Closing Date or thereafter (or if the Merger Agreement is terminated, at the date of termination or thereafter) becomes generally available to the public other than communications as a result of a disclosure, directly or indirectly, by the Company EntitiesSecurityholder, Purchasers or any of their respective officers(y) is required to be disclosed by applicable Legal Requirements; provided that in such event, managers, employees and agents in the ordinary course of business) to the employees, customers, suppliers or other business relations of the Company Entities or Purchasers shall be issued or made without the joint approval of Purchasers and Seller, which approval shall not be unreasonably withheld or delayed, and the parties Securityholder shall use reasonable efforts to agree upon give reasonable advance notice of such requirement to the text Company (if prior to the Closing) or Parent (if after the Closing) to enable the Company or Parent (at its expense) to seek a protective order or other appropriate remedy with respect to such permitted disclosure. Neither Securityholder nor any of Securityholder’s Affiliates shall issue or make any such press release or other public announcement prior concerning (or otherwise disclose to its release; provided that Seller and its Affiliates shall be entitled to communicate with their respective investors relating to any Person the existence or terms of) this Support Agreement, the Merger Agreement or any of the Transactions, without Parent’s and the transactions contemplated hereby; provided, further, that no party shall be required to mention or otherwise use the name of another party or its Affiliates (other than the Company Entities) in such press release or public announcement and such omission shall not be used as a basis for withholding approval of such press release or public announcement. Notwithstanding the foregoing, each party may make announcements and communications regarding this Agreement and the transactions contemplated hereby consisting solely of information contained in and otherwise consistent with any previously issued press release or public announcement to such party's employees, customers, suppliers and other interested parties without the consent of the other partiesCompany’s prior written consent.

Confidentiality; Publicity. Upon execution of this Agreement, Purchasers will issue a press release regarding this Agreement and the transactions contemplated hereby in the form attached hereto Except as Exhibit J. Except for the press release referenced in the preceding sentence and as otherwise may be required by Law or applicable requirements the rules of any stock exchange, or as otherwise permitted or expressly contemplated herein, no Party or its respective Affiliates, employees, agents and representatives shall disclose to any third party the existence of this Agreement or the subject matter or terms hereof without the prior consent of the other Party hereto; provided, however, that the Parties and their Affiliates shall be permitted to (a) disclose such information to their attorneys, advisors, representatives, directors, members, or investors (and, after Closing, the existence of this Agreement to their employees) and (b) disclose and use such information in connection with enforcing their rights and fulfilling their obligations under this Agreement or any other agreement entered into in connection with this Agreement. Buyer and its Affiliates may issue one or more press releases or other public announcements in connection with the execution of this Agreement; provided, that any such press release will be made available to H.I.G. Capital, L.L.C. for review and comment, and will be subject to the reasonable approval of H.I.G. Capital, L.L.C. prior to the issuance, distribution or publication of such press release or other public announcement. No other press release or public announcement related to this Agreement or the transactions contemplated hereby orherein, or prior to the Closing, any other announcement or communication (other than communications by to the employees, customer or suppliers of the Company Entitiesand its Subsidiaries, Purchasers shall be issued or made by any Party without the approval of the other Party, unless required by Law (in the reasonable opinion of counsel) in which case the other Party shall have the right to review such press release, announcement or communication prior - 84 - to its issuance, distribution or publication. Notwithstanding the foregoing, nothing in this Agreement shall restrict the ability of any of H.I.G. Capital, L.L.C. or any of its Affiliates (the “HIG Entities”) from providing (i) the financial results achieved by any of the HIG Entities with respect to their beneficial interest in the Company and its Subsidiaries, (ii) a description of the Company and its Subsidiaries (including their financial performance, and the HIG Entities’ investment and role therein), or (iii) such other information as the HIG Entities provide to such third parties in the ordinary course of its business to the current or prospective limited partners, financing sources or other business associates of the HIG Entities and their respective officers, managers, employees and agents advisors in the ordinary course of business) to the employees, customers, suppliers or other business relations of the Company Entities or Purchasers shall be issued or made without the joint approval of Purchasers and Seller, which approval shall not be unreasonably withheld or delayed, and the parties shall use reasonable efforts to agree upon the text of any such press release or public announcement prior to its release; provided that Seller and its Affiliates shall be entitled to communicate with their respective investors relating to this Agreement and the transactions contemplated hereby; provided, further, that no party shall be required to mention or otherwise use the name of another party or its Affiliates (other than the Company Entities) in such press release or public announcement and such omission shall not be used as a basis for withholding approval of such press release or public announcement. Notwithstanding the foregoing, each party may make announcements and communications regarding this Agreement and the transactions contemplated hereby consisting solely of information contained in and otherwise consistent with any previously issued press release or public announcement to such party's employees, customers, suppliers and other interested parties without the consent of the other parties.

Confidentiality; Publicity. Upon execution Except for the initial press release of an Affiliate of the Buyer announcing the entry into this Agreement (which shall be in a form reasonably acceptable to the Seller) and as may be required by Law (including the rules of a national securities exchange), or as otherwise permitted or expressly contemplated herein, no Party or its respective Affiliates and Representatives shall disclose to any third party the existence of this AgreementAgreement or the subject matter or terms hereof without the prior consent of the Seller and the Buyer; provided, Purchasers will issue a press release regarding however, that (a) the Seller and its Affiliates shall be permitted to (i) disclose the aggregate amount of consideration provided for herein to their Representatives, members or current investors, (ii) provide general information about the subject matter of this Agreement and the transactions contemplated hereby Group Companies (including their performance and improvements) in connection with the form attached hereto as Exhibit J. Seller or its Affiliates’ fund raising, marketing, informational or reporting activities, and (b) the Parties and their respective Affiliates shall be permitted to disclose and use such confidential information in connection with enforcing their rights and fulfilling their obligations under this Agreement or any other agreement entered into in connection with this Agreement and shall also be permitted to make disclosures that are consistent in substance with prior disclosures made without violating this Section 10.14. Except for the initial press release referenced of an Affiliate of the Buyer and disclosures that are consistent in the preceding sentence and as otherwise required by Law or applicable requirements of any stock exchangesubstance with prior disclosures made without violating this Section 10.14, no press release or public announcement related to this Agreement or the transactions contemplated hereby orherein, whether on the date hereof or at any time prior to the Closing, any other announcement or communication (other than communications by the Company Entities, Purchasers or any of their respective officers, managers, employees and agents in the ordinary course of business) to the employees, customers, or suppliers or other business relations of the Company Entities or Purchasers Group Companies, shall be issued or made by the Buyer or the Seller without the joint approval of Purchasers and Sellerthe other Party unless required by Law (including the rules of a national securities exchange) in which case, which approval prior to the Closing, the non-disclosing Party shall not be unreasonably withheld or delayed, and have the parties shall use reasonable efforts right to agree upon the text of any review such press release release, announcement, or public announcement communication prior to its release; provided that Seller issuance, distribution, or publication and its Affiliates shall be entitled to communicate consult with their respective investors relating to this Agreement and the transactions contemplated hereby; provided, further, that no party shall be required to mention or otherwise use the name of another party or its Affiliates (other than the Company Entities) in such press release or public announcement and such omission shall not be used as a basis for withholding approval of such press release or public announcement. Notwithstanding the foregoing, each party may make announcements and communications regarding this Agreement and the transactions contemplated hereby consisting solely of information contained in and otherwise consistent with any previously issued press release or public announcement to such party's employees, customers, suppliers and other interested parties without the consent of the other partiesParty with respect thereto.

Confidentiality; Publicity. Upon execution Except as may be required by any applicable law, the rules of any exchange on which the Company's securities may be listed or as otherwise permitted or expressly contemplated herein, no party hereto or their respective Affiliates, employees, agents and representatives shall disclose to any third party the existence of this Agreement or the subject matter or terms hereof. Buyer shall keep confidential and shall not disclose any confidential or proprietary information furnished to it by the Sellers and shall exercise reasonable precautions to safeguard and protect the confidentiality and integrity of such information, except that Buyer may make such disclosures to its advisors, representatives, officers, shareholders, employees and present lenders who need to know the information to effectuate the intent of this Agreement. Disclosure of such information will be permitted to any other third party where (a) the Sellers consent to such disclosure, Purchasers will issue (b) such information is or becomes generally available to the public or within the industry in which the Sellers operate through no action of Buyer or its representatives, (c) such information is received by Buyer from an independent third party whose disclosure of such information is not known by Buyer to constitute a press release regarding this Agreement and breach by that third party of any duty of confidentiality owed to the transactions contemplated hereby in the form attached hereto as Exhibit J. Except for the press release referenced in the preceding sentence and as otherwise Sellers, (d) such disclosure shall be required by Law or applicable requirements law, the rules of any stock exchangeexchange on which Buyer securities may be listed or in a judicial, no governmental or administrative proceeding or (e) such disclosure is necessary to the enforcement of any rights of Buyer hereunder. No press release or other public announcement related to this Agreement or the transactions contemplated hereby or, prior to the Closing, any other announcement or communication (other than communications by the Company Entities, Purchasers or any of their respective officers, managers, employees and agents in the ordinary course of business) to the employees, customers, suppliers or other business relations of the Company Entities or Purchasers shall be issued or made by any party hereto without the joint prior approval of Purchasers and Seller, which approval shall not be unreasonably withheld or delayed, and the parties shall use reasonable efforts to agree upon the text of any such press release or public announcement prior to its release; provided that Seller and its Affiliates shall be entitled to communicate with their respective investors relating to this Agreement and the transactions contemplated hereby; provided, further, that no party shall be required to mention or otherwise use the name of another party or its Affiliates (other than the Company Entities) in such press release or public announcement and such omission shall not be used as a basis for withholding approval of such press release or public announcement. Notwithstanding the foregoing, each party may make announcements and communications regarding this Agreement and the transactions contemplated hereby consisting solely of information contained in and otherwise consistent with any previously issued press release or public announcement to such party's employees, customers, suppliers and other interested parties without the consent of the other parties, except that the Company may make such public disclosure which it believes in good faith to be required by any applicable law or by the terms of any listing agreement with or requirements of any exchange on which its securities may be listed. Following the execution of this Agreement, the parties shall coordinate in advising the customers of the Business of the impending sale of the Business to Buyer.

Confidentiality; Publicity. Upon execution Except as may be required by Law, or as otherwise permitted or expressly contemplated herein, no Party or its respective Affiliates, employees, agents and representatives shall disclose to any third party the existence of this AgreementAgreement or the subject matter or terms hereof without the prior consent of the other Party hereto; provided, Purchasers will issue a press release regarding however, that Arsenal Capital Partners LP and its Affiliates (collectively, the "ACP Entities") shall be permitted to (a) disclose such information to their attorneys, advisors, representatives, members or investors and (b) disclose and use such information in connection with enforcing their rights and fulfilling their obligations under this Agreement and the transactions contemplated hereby or any other agreement entered into in the form attached hereto as Exhibit J. Except for the press release referenced in the preceding sentence and as otherwise required by Law or applicable requirements of any stock exchange, no connection with this Agreement. No press release or public announcement related to this Agreement or the transactions contemplated hereby orTransactions, or prior to the Closing, any other announcement or communication (other than communications by to the customers or suppliers of the Company Entitiesand its Subsidiaries, Purchasers shall be issued or made by any Party without the approval of the other Party, unless required by Law (in the reasonable opinion of counsel) in which case the other Party shall have the right to review such press release, announcement or communication prior to its issuance, distribution or publication. Notwithstanding the foregoing or Section 6.07, nothing in this Agreement shall restrict the ability of any of the ACP Entities from providing (i) the financial results achieved by any of the ACP Entities with respect to their beneficial interest in the Company and its Subsidiaries or (ii) a description of the Company and its Subsidiaries (including their financial performance, and the ACP Entities' investment and role therein), and such other information as the ACP Entities provide to third parties in the ordinary course of their business to the current or prospective limited partners, financing sources or other business associates of the ACP Entities and their respective officers, managers, employees and agents advisors in the ordinary course of business) to the employees, customers, suppliers or other business relations of the Company Entities or Purchasers shall be issued or made without the joint approval of Purchasers and Seller, which approval shall not be unreasonably withheld or delayed, and the parties shall use reasonable efforts to agree upon the text of any such press release or public announcement prior to its release; provided . The Parties understand that Seller and its Affiliates shall be entitled to communicate with their respective investors relating to this Agreement and a Form 8-K describing the transactions contemplated hereby; providedTransactions will be filed by the Buyer with the Securities and Exchange Commission ("SEC") within four Business Days of its execution. Buyer shall provide the Company and its advisors with a reasonable opportunity to review and comment on the content of such filings with the SEC in advance of such filings. Except as otherwise expressly set forth in this Agreement, furthernone of Buyer, that no party the Company or the 76 Representative shall be required to mention or otherwise use the name of another party or its Affiliates (other than the Company Entities) in such press release or public announcement and such omission shall not be used as a basis for withholding approval of such press release or public announcement. Notwithstanding the foregoing, each party may make announcements and communications regarding prohibited from making any disclosures concerning this Agreement and or the transactions contemplated hereby consisting solely of Transactions to the extent that such disclosure recites information contained in and otherwise consistent with any previously issued press release or prior public announcement to such party's employees, customers, suppliers and other interested parties without the consent of the other partiesdisclosures by Buyer.

Confidentiality; Publicity. Upon execution Except as may be required by law, rule, regulation, or pursuant to a stock exchange listing agreement or as otherwise permitted or expressly contemplated herein, no Party and none of their respective controlled Affiliates, employees, agents, and representatives shall disclose to any third party this Agreement, Purchasers will issue a press release regarding this Agreement and the subject matter or terms hereof or any confidential information or other proprietary knowledge concerning the business or affairs of any other Party which it may have acquired from such Party in the course of pursuing the transactions contemplated by this Agreement without the prior written consent of the other Parties; provided, that any information that is otherwise publicly available, without breach of this provision, or has been obtained from a third party without a breach of such third party’s duties, shall not be deemed confidential information, and after the Closing Buyer shall not be restricted with respect to any confidential information of the Company. This Agreement, the terms of the Transaction, the financial statements of the Company, and related information will be publicly disclosed by Seller and Buyer in their respective filings with the SEC and investor communications, and each other Party hereby in consents to such disclosure and waives the form attached hereto as Exhibit J. Except for the press release referenced in the preceding sentence and as otherwise required by Law or applicable requirements provisions of any stock exchange, no applicable confidentiality or similar agreement that otherwise would have prevented such disclosure. No press release or other public announcement related to this Agreement or the transactions contemplated hereby or, prior to the Closing, any other announcement or communication (other than communications by the Company Entities, Purchasers or any of their respective officers, managers, employees and agents in the ordinary course of business) to the employees, customers, suppliers or other business relations of the Company Entities or Purchasers Transaction shall be issued by either Seller or made without Buyer or their Affiliates unless the joint information contained therein is accurate and the general description of this Agreement or the Transaction has been reviewed in advance by the other Party and such other Party has approved or otherwise not objected to such description (such approval of Purchasers and Seller, which approval shall not to be unreasonably withheld or delayed, and the parties shall use reasonable efforts to agree upon the text of any such press release or public announcement prior to its release; provided that Seller and its Affiliates shall be entitled to communicate with their respective investors relating to this Agreement and the transactions contemplated hereby; provided, further, that no party shall be required to mention or otherwise use the name of another party or its Affiliates (other than the Company Entities) in such press release or public announcement and such omission shall not be used as a basis for withholding approval of such press release or public announcement. Notwithstanding the foregoing, each party may make announcements and communications regarding this Agreement and the transactions contemplated hereby consisting solely of information contained in and otherwise consistent with any previously issued press release or public announcement to such party's employees, customers, suppliers and other interested parties without the consent of the other parties).

Confidentiality; Publicity. Upon execution of Except as may be required by law or as otherwise permitted or expressly contemplated herein, no party hereto or their respective Affiliates, employees, agents and representatives shall disclose to any third party this Agreement, Purchasers will issue a press release regarding this Agreement and the subject matter or terms hereof or any confidential information or other proprietary knowledge concerning the business or affairs of the other party which it may have acquired from such party in the course of pursuing the transactions contemplated hereby in the form attached hereto as Exhibit J. Except by this Agreement, including all notes, documents and materials prepared by or for the press release referenced in respective party which reflect, interpret, evaluate, include or are derived from such confidential information or proprietary knowledge of the preceding sentence and as other party, without the prior consent of the other party hereto; provided, that any information that is otherwise required by Law publicly available, without breach of this provision, or applicable requirements has been obtained from a third party, or has been requested pursuant to the order of a court of competent jurisdiction or governmental agency having the authority to obtain such information, or pursuant to the rules of any applicable stock exchangeexchange to which any of the parties is subject shall not be deemed confidential information; provided, no however, that the party from whom disclosure is sought, regarding information concerning the other party shall promptly notify such party and allow such party to obtain any order blocking or otherwise controlling the disclosure of such information. Any press release releases or any other public announcement related to announcements concerning this Agreement or the transactions contemplated hereby or, prior to the Closing, any other announcement or communication (other than communications by the Company Entities, Purchasers or any of their respective officers, managers, employees and agents in the ordinary course of business) to the employees, customers, suppliers or other business relations of the Company Entities or Purchasers shall be issued or made without the joint approval of Purchasers and Seller, which approval shall not be unreasonably withheld or delayed, approved by both Buyer and the parties shall use reasonable efforts Company; PROVIDED, HOWEVER, that if any party reasonably believes that it has a legal obligation to agree upon the text of any such make a press release or public announcement prior to its release; provided that Seller and its Affiliates shall be entitled to communicate with their respective investors relating to this Agreement and the transactions contemplated hereby; provided, further, that no party shall be required to mention or otherwise use the name of another party or its Affiliates (other than the Company Entities) in such press release or public announcement and such omission shall not be used as a basis for withholding approval of such press release or public announcement. Notwithstanding the foregoing, each party may make announcements and communications regarding this Agreement and the transactions contemplated hereby consisting solely of information contained in and otherwise consistent with any previously issued press release or public announcement to such party's employees, customers, suppliers and other interested parties without the consent of the other partiesparty cannot be obtained, then the release may be made without such approval. Prior to such time, the parties shall not make any public disclosure regarding the Agreement or the transactions contemplated hereby.

Confidentiality; Publicity. Upon execution of this Agreement, Purchasers will issue a press release regarding this Agreement and the transactions contemplated hereby in the form attached hereto Except as Exhibit J. Except for the press release referenced in the preceding sentence and as otherwise may be required by Law or applicable Law, including the requirements of any stock exchangenational securities exchange on which a Party’s securities are listed, or as otherwise permitted or expressly contemplated herein, no Party or its respective Affiliates, employees, agents and representatives shall disclose to any third party the existence of this Agreement or the subject matter or terms hereof without the prior consent of the other Party; provided, however, that the Seller, SHCS and their respective Affiliates (collectively, the “Seller Entities”) shall be permitted to (a) disclose such information to their attorneys, advisors, representatives, members or investors and (b) disclose and use such confidential information in connection with enforcing their rights and fulfilling their obligations under this Agreement or any other agreement entered into in connection with this Agreement. No press release or public announcement related to this Agreement or the transactions contemplated hereby orherein, or prior to the Closing, any other announcement or communication (other than communications by to the Company Entitiesemployees, Purchasers customers, suppliers, providers or payors of the Companies or any of their Subsidiaries, shall be issued or made by any Party without the approval of the other Party, unless required by Law (in the reasonable opinion of counsel) in which case the other Party shall have the right to review such press release, announcement or communication prior to its issuance, distribution or publication. Notwithstanding the foregoing, but subject to Section 5.06, nothing in this Agreement shall restrict the ability of any of the Seller Entities from providing (i) the financial results achieved by any of the Seller Entities with respect to their beneficial interest in the Companies or any of their Subsidiaries or (ii) a description of the Companies and their Subsidiaries (including their financial performance, and the Seller Entities’ investment and role therein), and such other information as the Seller Entities provide to third parties in the ordinary course of its business to the current or prospective limited partners, financing sources or other business associates of the Seller Entities and their respective officers, managers, employees and agents advisors in the ordinary course of business) to the employees, customers, suppliers or other business relations of the Company Entities or Purchasers shall be issued or made without the joint approval of Purchasers and Seller, which approval shall not be unreasonably withheld or delayed, and the parties shall use reasonable efforts to agree upon the text of any such press release or public announcement prior to its release; provided that Seller and its Affiliates shall be entitled to communicate with their respective investors relating to this Agreement and the transactions contemplated hereby; provided, further, that no party shall be required to mention or otherwise use the name of another party or its Affiliates (other than the Company Entities) in such press release or public announcement and such omission shall not be used as a basis for withholding approval of such press release or public announcement. Notwithstanding the foregoing, each party may make announcements and communications regarding this Agreement and the transactions contemplated hereby consisting solely of information contained in and otherwise consistent with any previously issued press release or public announcement to such party's employees, customers, suppliers and other interested parties without the consent of the other parties.