Common use of Disclosure; Confidentiality Clause in Contracts

Disclosure; Confidentiality. On or before 9:00 a.m., New York time, on the date hereof (the “8-K Filing Deadline”), the Borrower shall file a Current Report on Form 8-K describing all the material terms of this Agreement and the Registration Rights Agreement and disclosing any other presently material non-public information (if any) provided or made available to any Purchaser (or any Purchaser’s agents or representatives) on or prior to the date hereof (the “8-K Filing”) and including as an exhibit to the 8-K Filing this Agreement and the Registration Rights Agreement. From and after the 8-K Filing Deadline, the Borrower shall have disclosed all material, non-public information (if any) provided or made available to any Purchaser (or any Purchaser’s agents or representatives) by Borrower or any of its respective officers, directors, employees, Affiliates or agents in connection with the transactions contemplated by this Agreement or otherwise on or prior to the date hereof. Notwithstanding anything contained in this Agreement to the contrary and without implication that the contrary would otherwise be true, after giving effect to the 8-K Filing, the Borrower expressly acknowledges and agrees that no Purchaser shall have (unless expressly agreed to by a particular Purchaser after the date hereof in a written definitive and binding agreement executed by the Borrower and such particular Purchaser or customary oral (confirmed by e-mail) “wall-cross” agreement (it being understood and agreed that no Purchaser may bind any other Purchaser with respect thereto)), any duty of trust or confidence with respect, or a duty not to trade on the basis of, any information regarding the Borrower.

Disclosure; Confidentiality. On or before 9:00 8:00 a.m., New York time, on the first Business Day following the date hereof (the “8-K Filing Deadline”)of this Agreement, the Borrower shall file a Current Report on Form 8-K describing all the material terms of the transactions contemplated by this Agreement and the Registration Rights Agreement Amendment, attaching this Amendment and disclosing any other presently material non-public information (if any) provided or made available to any Purchaser the Lender (or any Purchaser’s of its agents or representatives) on or prior to the date hereof (the “8-K Filing”) and including as an exhibit to the 8-K Filing this Agreement and the Registration Rights Agreement). From and after the filing of the 8-K Filing DeadlineFiling, the Borrower shall have disclosed all material, non-public information (if any) provided or made available to any Purchaser the Lender (or any Purchaser’s of its agents or representatives) by Borrower or any of its respective officers, directors, employees, Affiliates or agents in connection with the transactions contemplated by this Agreement Amendment or otherwise on or prior to the date hereof. Notwithstanding anything contained in this Agreement Amendment to the contrary contrary, and without implication that the contrary would otherwise be true, after giving effect to the 8-K Filing, the Borrower expressly acknowledges and agrees that no Purchaser the Lender shall not have (unless expressly agreed to by a particular Purchaser the Lender after the date hereof in a written definitive and binding agreement executed by the Borrower and such particular Purchaser or customary oral (confirmed by e-mailthe Lender) “wall-cross” agreement (it being understood and agreed that no Purchaser may bind any other Purchaser with respect thereto)), any duty of trust or confidence with respectrespect to, or a duty not to trade on the basis of, any information regarding the Borrower.

Disclosure; Confidentiality. On or before 9:00 8:00 a.m., New York time, on the first Business Day following the date hereof (the “8-K Filing Deadline”)of this Agreement, the Borrower shall file with the Commission a Current Report on Form 8-K describing all the material terms of the transactions contemplated by this Agreement, disclosing the effectiveness of this Agreement and the Registration Rights other Transaction Documents entered into pursuant to, or in connection with, this Agreement, attaching this Agreement and the other Transaction Documents entered into pursuant to, or in connection with, this Agreement (in each case, without any redaction therefrom) and disclosing any other presently material non-public information (if any) provided or made available to any Purchaser Lender (or any PurchaserLender’s agents or representatives) on or prior to the date hereof (the “Announcing 8-K Filing”) ). The Borrower represents and including as an exhibit to warrants that, from and after the filing of the Announcing 8-K Filing this Agreement and the Registration Rights Agreement. From and after the 8-K Filing DeadlineFiling, the Borrower it shall have publicly disclosed all material, non-public information (if any) provided or made available to any Purchaser Lender (or any PurchaserLender’s agents or representatives) by the Borrower or any of its respective officers, directors, employees, Affiliates or agents in connection with the transactions contemplated by this Agreement or otherwise on or prior to the date hereof. Notwithstanding anything contained in this Agreement to the contrary contrary, and without implication that the contrary would otherwise be true, after giving effect to the 8-K Filing, the Borrower expressly acknowledges and agrees that that, from and after the Announcing 8-K Filing, no Purchaser Lender nor any affiliate of Lender shall have (unless expressly agreed to by a particular Purchaser Lender after the date hereof in a written definitive and binding agreement executed by the Borrower and such particular Purchaser Lender or customary oral (confirmed by e-mail) “wall-wall cross” agreement (it being understood and agreed that no Purchaser may bind any other Purchaser with respect thereto)agreement), any duty of trust or confidence with respectrespect to, or a duty not to trade on the basis in any securities while aware of, any information regarding the Borrower.

Disclosure; Confidentiality. On or before 9:00 8:00 a.m., New York City time, on the date hereof (the “August 8-K Filing Deadline”), 2019, the Borrower shall file a Current Report on Form 8-K describing all the material terms of the transactions contemplated by this Agreement and the Registration Rights New Financing, attaching as exhibits this Agreement and disclosing any other presently material non-public information (if any) provided or made available to any Purchaser (or any Purchaser’s agents or representatives) on or prior to the date hereof (including the exhibits, the “8-K Filing”) and including as an exhibit to the 8-K Filing this Agreement and the Registration Rights Agreement). From and after the filing of the 8-K Filing DeadlineFiling, the Borrower shall have disclosed all material, non-public information (if any) provided or made available to any Purchaser (or any Purchaser’s agents or representatives) by Borrower or any of its respective officers, directors, employees, Affiliates or agents in connection with the transactions contemplated by this Agreement or the New Financing Documents or otherwise on or prior to the date hereof. Notwithstanding anything contained in this Agreement to the contrary and without implication that the contrary would otherwise be true, the Borrower expressly acknowledges and agrees that, from and after giving effect to the 8-K Filing, the Borrower expressly acknowledges and agrees that no Purchaser shall have (unless expressly agreed to by a particular Purchaser after the date hereof in a written definitive and binding agreement executed by the Borrower and such particular Purchaser (or customary oral (confirmed by e-mailemail) “wall-cross” agreement between) the Borrower and such particular Purchaser (it being understood and agreed that no Purchaser may bind any other Purchaser with respect thereto)), any duty of trust or confidence with respectrespect to, or a duty not to trade on the basis of, any information regarding the Borrower.