Common use of Disclosure of Financial and Other Terms Clause in Contracts

Disclosure of Financial and Other Terms. Except as required by applicable laws, treaties, and regulations (including securities laws), the Parties agree that the terms of this Agreement will be considered Confidential Information of both Parties. Notwithstanding the foregoing, (a) either Party may disclose such terms as are required to be disclosed in its publicly-filed financial statements or other public statements pursuant to applicable laws, regulations, and stock exchange rules (e.g., the U.S. Securities and Exchange Commission, Nasdaq OMX Nordic Exchange in Stockholm, or any other stock exchange on which securities issued by either Party may be issued) or otherwise disclosed pursuant to applicable law; provided, that (i) the terms of this Agreement shall be redacted to the greatest extent reasonably possible and (ii) to the extent practicable under the circumstances, such Party shall provide the other Party with a copy of the proposed text of such statements or disclosure (including any exhibits containing this Agreement) sufficiently in advance of the scheduled release or publication thereof to afford such other Party a reasonable opportunity to review and comment upon the proposed text (including redacted versions of this Agreement), (b) either Party shall have the further right to disclose the material financial terms of this Agreement under confidentiality undertakings to any actual or potential acquirer, merger partner, or providers of financing (whether in the form of debt, equity or otherwise) and their advisors, and (c) either Party shall have the right to disclose information regarding the development and Commercialization status of the Licensed Products to the extent such disclosure is made under a confidentiality undertaking to actual or prospective investors, or required by applicable Laws or stock exchange rules. Neither Party shall make any other statement to the public regarding the execution and/or any other aspect of the subject matter of this Agreement, except: (x) where a Party reasonably believes disclosure is required under applicable laws or ethical commercial practice, (y) for customary discussions with current or prospective investors and analysts, and (z) either Party may disclose the content of or use the text of a statement previously approved by the other Party or otherwise publicly disclosed in accordance with this Article X.

Disclosure of Financial and Other Terms. Except as required by applicable laws, treaties, and regulations (including securities laws), the Parties agree that the terms of this Agreement will be considered Confidential Information of both PartiesParties to which Section 9.3 applies. Notwithstanding the foregoing, (a) either Party may disclose such terms as are required to be FOIA EXEMPTION CLAIMED AND PRIOR NOTIFICATION REQUESTED BEFORE ANY DISCLOSURE disclosed in its publicly-filed financial statements or other public statements pursuant to applicable laws, regulations, and stock exchange rules (e.g., the U.S. Securities and Exchange Commission, Nasdaq OMX Nordic Exchange in StockholmStockholmbörsen, or any other stock exchange on which securities issued by either Party may be issued) or otherwise disclosed pursuant to applicable law; provided, that (i) the terms of this Agreement shall be redacted to the greatest extent reasonably possible and (ii) to the extent practicable under the circumstances, such Party shall provide the other Party with a copy of the proposed text of such statements or disclosure (including any exhibits containing this Agreement) sufficiently in advance of the scheduled release or publication thereof to afford such other Party a reasonable opportunity to review and comment upon the proposed text (including redacted versions of this Agreement), (b) either Party shall have the further right to disclose the material financial terms of this Agreement under confidentiality undertakings to any actual or potential acquirer, merger partner, or providers of financing (whether in the form of debt, equity or otherwise) and their advisors, and (c) either Party shall have the right to disclose information regarding the development and Development, Post Opt-In Development, Finalization, Manufacturing or Commercialization status of the Licensed Products a Product to the extent such disclosure is made under a confidentiality undertaking to actual or prospective investors, or required by applicable Laws laws or stock exchange rules, and (d) either Party shall have the right to disclose the material terms of this Agreement in private meetings with actual or potential providers of financing (whether in the form of debt, equity or otherwise). Neither Party shall make any other statement to the public regarding the execution and/or any other aspect of the subject matter of this Agreement, except: (x) where a Party reasonably believes disclosure is required under applicable laws or ethical commercial practice, (y) subject to Section 9.7, for customary discussions with current or prospective investors and analysts, and (z) either Party may disclose the content of or use the text of a statement previously approved by the other Party or otherwise publicly disclosed in accordance with this Article X.Section 9.5.

Disclosure of Financial and Other Terms. Except as required by applicable laws, treaties, treaties and regulations agreements (including securities laws), the Parties agree that the material terms of this Agreement will be considered Confidential Information of both Parties. Notwithstanding the foregoing, (a) either Party may disclose such terms as are required to be disclosed in its publicly-filed financial statements or other public statements statements, pursuant to applicable laws, regulations, regulations and *** Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. stock exchange rules (e.g., the U.S. Securities and Exchange Commission, Nasdaq OMX Nordic Exchange in StockholmNASDAQ, NYSE, or any other stock exchange on which securities issued by either Party Ignyta or Nerviano may be issued) or otherwise disclosed pursuant to applicable law); provided, that (i) the terms of this Agreement shall be redacted to the greatest extent reasonably possible and (ii) to the extent practicable under the circumstances, such Party shall provide the other Party with a copy of the proposed text of such statements or disclosure (including any exhibits containing this Agreement) sufficiently in advance of the scheduled release or publication thereof to afford such other Party a reasonable opportunity to review and comment upon the proposed text (including redacted versions of this Agreement), (b) either Party shall have the further right to disclose the material financial terms of this Agreement under confidentiality undertakings on a confidential basis to any potential and actual Sublicensee, Acquiror, merger partner or potential acquirer, merger partner, or providers of financing (whether in the form of debt, equity or otherwise) and their advisorsadvisors in connection with due diligence investigations by, or presentations to, such entities, and (c) either Party shall have the right to disclose information regarding the development and Commercialization or commercialization status of the Licensed Products a Product to the extent such disclosure is made under a confidentiality undertaking customary and material to their potential and actual or prospective Sublicensees, current investors, or required by applicable Laws laws or stock exchange rules. Neither Party shall make any other statement to the public regarding the execution and/or any other aspect of the subject matter of this Agreement, except: (x) where a Party reasonably believes disclosure is required under applicable laws or ethical commercial practice, (y) for customary discussions with current or prospective investors and analysts, and (z) either Party may disclose the content of or use the text of a statement previously approved by the other Party or otherwise publicly disclosed in accordance with this Article X.Party. Promptly after the Effective Date, the Parties will draft and issue a mutually acceptable press release.

Disclosure of Financial and Other Terms. Except as required by applicable laws, treaties, treaties and regulations agreements (including securities laws), the Parties agree that the material terms of this Agreement will be considered Confidential Information of both Parties. Notwithstanding the foregoing, (a) either Party may disclose such terms as are required to be disclosed in its publicly-filed financial statements or other public statements statements, pursuant to applicable laws, regulations, regulations and stock exchange rules (e.g., the U.S. Securities and Exchange Commission, Nasdaq OMX Nordic Exchange in StockholmNASDAQ, NYSE, or any other stock exchange on which securities issued by either Party Ignyta or Nerviano may be issued) or otherwise disclosed pursuant to applicable law); provided, that (i) the terms of this Agreement shall be redacted to the greatest extent reasonably possible and (ii) to the extent practicable under the circumstances, such Party shall provide the other Party with a copy of the proposed text of such statements or disclosure (including any exhibits containing this Agreement) sufficiently in advance of the scheduled release or publication thereof to afford such other Party a reasonable opportunity to review and comment upon the proposed text (including redacted versions of this Agreement), (b) either Party shall have the further right to disclose the material financial terms of this Agreement under confidentiality undertakings on a confidential basis to any potential and actual Sublicensee, Acquiror, merger partner or potential acquirer, merger partner, or providers of financing (whether in the form of debt, equity or otherwise) and their advisorsadvisors in connection with due diligence investigations by, or presentations to, such entities, and (c) either Party shall have the right to disclose information regarding the development and Commercialization or commercialization status of the Licensed Products a Product to the extent such disclosure is made under a confidentiality undertaking customary and material to their potential and actual or prospective Sublicensees, current investors, or required by applicable Laws laws or stock exchange rules. Neither Party shall make any other statement to the public regarding the execution and/or any other aspect of the subject matter of this Agreement, except: (x) where a Party reasonably believes disclosure is required under applicable laws or ethical commercial practice, (y) for customary discussions with current or prospective investors and analysts, and (z) either Party may disclose the content of or use the text of a statement previously approved by the other Party or otherwise publicly disclosed in accordance with this Article X.Party. Promptly after the Effective Date, the Parties will draft and issue a mutually acceptable press release.

Disclosure of Financial and Other Terms. Except as required by applicable laws, treaties, and regulations (including securities laws), the Parties agree that the terms of this Agreement will be considered Confidential Information of both Parties. Notwithstanding the foregoing, (a) either Party may disclose such terms as are required to be disclosed in its publicly-filed financial statements or other public statements pursuant to applicable laws, regulations, and 57 stock exchange rules (e.g., the U.S. Securities and Exchange Commission, Nasdaq OMX Nordic Exchange in Stockholm, or any other stock exchange on which securities issued by either Party may be issued) or otherwise disclosed pursuant to applicable law; provided, that (i) the terms of this Agreement shall be redacted to the greatest extent reasonably possible and (ii) to the extent practicable under the circumstances, such Party shall provide the other Party with a copy of the proposed text of such statements or disclosure (including any exhibits containing this Agreement) sufficiently in advance of the scheduled release or publication thereof to afford such other Party a reasonable opportunity to review and comment upon the proposed text (including redacted versions of this Agreement), (b) either Party shall have the further right to disclose the material financial terms of this Agreement under confidentiality undertakings to any actual or potential acquirer, merger partner, or providers of financing (whether in the form of debt, equity or otherwise) and their advisors, and (c) either Party shall have the right to disclose information regarding the development and Commercialization status of the Licensed Products to the extent such disclosure is made under a confidentiality undertaking to actual or prospective investors, or required by applicable Laws or stock exchange rules. Neither Party shall make any other statement to the public regarding the execution and/or any other aspect of the subject matter of this Agreement, except: (x) where a Party reasonably believes disclosure is required under applicable laws or ethical commercial practice, (y) for customary discussions with current or prospective investors and analysts, and (z) either Party may disclose the content of or use the text of a statement previously approved by the other Party or otherwise publicly disclosed in accordance with this Article X.

Disclosure of Financial and Other Terms. Except as required by applicable laws, treaties, treaties and regulations agreements (including securities laws), the Parties agree that the material terms of this Agreement will be considered Confidential Information of both Parties. Notwithstanding the foregoing, (a) either Party may disclose such terms as are required to be disclosed in its publicly-filed financial statements or other public statements statements, pursuant to applicable laws, regulations, regulations and stock exchange rules (e.g., the U.S. Securities and Exchange Commission, Nasdaq OMX Nordic Exchange in StockholmNASDAQ, NYSE, or any other stock exchange on which securities issued by either Party Trovagene or Nerviano may be issued) or otherwise disclosed pursuant to applicable law; provided, that (i) the terms of this Agreement shall be redacted to the greatest extent reasonably possible and (ii) to the extent practicable under the circumstances, such Party shall provide the other Party with a copy of the proposed text of such statements or disclosure (including any exhibits containing this Agreement) sufficiently in advance of the scheduled release or publication thereof to afford such other Party a reasonable opportunity to review and comment upon the proposed text (including redacted versions of this Agreement), (b) either Party shall have the further right to disclose the material financial terms of this Agreement under confidentiality undertakings on a confidential basis to any potential and actual Sublicensee, Acquiror, merger partner or potential acquirer, merger partner, or providers of financing (whether in the form of debt, equity or otherwise) and their advisorsadvisors in connection with due diligence investigations by, or presentations to, such entities, and (c) either Party shall have the right to disclose information regarding the development and Commercialization or commercialization status of the Licensed Products a Product to the extent such disclosure is made under a confidentiality undertaking customary and material to their potential and actual or prospective Sublicensees, current investors, or required by applicable Laws laws or stock exchange rules. Neither Party shall make any other statement to the public regarding the execution and/or any other aspect of the subject matter of this Agreement, except: (x) where a Party reasonably believes disclosure is required under applicable laws or ethical commercial practice, (y) for customary discussions with current or prospective investors and analysts, and (z) either Party may disclose the content of or use the text of a statement previously approved by the other Party or otherwise publicly disclosed in accordance with this Article X.Party. Promptly after the Effective Date, the Parties will draft and issue a mutually acceptable press release.

Disclosure of Financial and Other Terms. Except as required by applicable laws, treaties, treaties and regulations agreements (including securities laws), the Parties agree that the material terms of this Agreement will be considered Confidential Information of both Parties. Notwithstanding the foregoing, (a) either Party may disclose such terms as are required to be disclosed in its publicly-filed financial statements or other public statements statements, pursuant to applicable laws, regulations, regulations and stock exchange rules (e.g., the U.S. Securities and Exchange Commission, Nasdaq OMX Nordic Exchange in StockholmNASDAQ, NYSE, or any other stock exchange on which securities issued by either Party Ignyta or Nerviano may be issued) or otherwise disclosed pursuant to applicable law); provided, that (i) *** Certain information on this page has been omitted and filed separately with the terms of this Agreement shall be redacted Commission. Confidential treatment has been requested with respect to the greatest extent reasonably possible and (ii) to the extent practicable under the circumstancesomitted portions. provided, such Party shall provide the other Party with a copy of the proposed text of such statements or disclosure (including any exhibits containing this Agreement) sufficiently in advance of the scheduled release or publication thereof to afford such other Party a reasonable opportunity to review and comment upon the proposed text (including redacted versions of this Agreement), (b) either Party shall have the further right to disclose the material financial terms of this Agreement under confidentiality undertakings on a confidential basis to any potential and actual Sublicensee, Acquiror, merger partner or potential acquirer, merger partner, or providers of financing (whether in the form of debt, equity or otherwise) and their advisorsadvisors in connection with due diligence investigations by, or presentations to, such entities, and (c) either Party shall have the right to disclose information regarding the development and Commercialization or commercialization status of the Licensed Products a Product to the extent such disclosure is made under a confidentiality undertaking customary and material to their potential and actual or prospective Sublicensees, current investors, or required by applicable Laws laws or stock exchange rules. Neither Party shall make any other statement to the public regarding the execution and/or any other aspect of the subject matter of this Agreement, except: (x) where a Party reasonably believes disclosure is required under applicable laws or ethical commercial practice, (y) for customary discussions with current or prospective investors and analysts, and (z) either Party may disclose the content of or use the text of a statement previously approved by the other Party or otherwise publicly disclosed in accordance with this Article X.Party. Promptly after the Effective Date, the Parties will draft and issue a mutually acceptable press release.

Disclosure of Financial and Other Terms. Except as required by applicable laws, treaties, and regulations (including securities laws)Legal Requirement, the Parties agree that the terms and existence of this Agreement will be considered Confidential Information of both Parties. Notwithstanding the foregoing, either Party may disclose: (a) either Party may disclose such terms as are required to be disclosed in its publicly-filed financial statements or other public statements pursuant to applicable laws, regulations, Legal Requirements and stock market or exchange rules or regulations (e.g., the U.S. Securities and Exchange Commission, Nasdaq OMX Nordic Exchange in StockholmNASDAQ, NYSE, London Stock Exchange, or any other stock securities exchange on which securities issued by either a Party or its Affiliates are, or may be be, issued) or otherwise disclosed pursuant to applicable law); providedprovided that the disclosing Party shall, that (i) the terms of this Agreement shall be redacted to the greatest extent reasonably possible and (ii) to the extent practicable under the circumstancesreasonably practicable, such Party shall provide the other Party with a copy draft of the proposed text of such statements statement or disclosure (including any exhibits Schedules containing this Agreement) sufficiently in advance of the scheduled release or publication thereof to afford such the other Party a reasonable opportunity to review and comment upon the proposed text (including redacted versions of this Agreement), which comments shall be reasonably considered by the disclosing Party; and (b) either Party shall have the further right to disclose the material financial terms of this Agreement under confidentiality undertakings to any potential or actual or potential acquirer, acquisition or merger target, or merger partner, licensee, licensor, manufacturer, or other strategic partner with respect to any Agreement Product, Related Product, or the Product Rights or in exercise of the Party’s rights hereunder or under the Ancillary Agreements, or potential providers of financing (whether in the form of equity, debt, equity or otherwise) and their advisors, and (c) either Party shall have the right to disclose information regarding the development and Commercialization status of the Licensed Products to the extent such disclosure is made under a confidentiality undertaking to actual or prospective investors, or required by applicable Laws or stock exchange rules. Neither Party shall make any other statement to the public regarding the execution and/or any other aspect of the subject matter of this Agreement, except: (xi) where a Party reasonably believes disclosure is required under Legal Requirements or applicable laws or ethical commercial practice, (y) for customary discussions with current or prospective investors and analysts, stock market rules; and (zii) either Party may disclose the content of or use the text of a statement previously approved by the other Party or otherwise publicly disclosed in accordance with this Article X.Agreement; and (iii) GENUPRO shall be free, as it may determine in its reasonable discretion, to make public statements and/or public disclosures regarding GENUPRO’s or its Affiliates’ or Sublicensees’ manufacture, commercialization or development of Agreement Product or Related Products following the Effective Date, subject to the terms and conditions of this Agreement.

Disclosure of Financial and Other Terms. Except as required by applicable laws, treaties, and regulations treaties or agreements (including securities laws), the Parties agree that the terms of this Agreement, the Supply Agreement, the PVEA and Quality Agreement will be considered Confidential Information of both Parties. Notwithstanding the foregoing, (a) either Party may disclose such terms as are required to be disclosed in its publicly-filed financial statements or other public statements statements, pursuant to applicable laws, regulations, and regulations or stock exchange rules (e.g., the U.S. Securities and Exchange Commission, Nasdaq OMX Nordic Exchange in StockholmNASDAQ, NYSE or any other stock exchange on which securities issued by either Party may be issued) or otherwise disclosed pursuant to applicable lawlisted); provided, that (i) the terms of this Agreement shall be redacted to the greatest extent reasonably possible and (ii) to the extent practicable under the circumstancespossible, such Party shall will provide the other Party with a copy of the proposed text of such statements or disclosure (including any exhibits containing this Agreement or the Supply Agreement) sufficiently in advance of the scheduled release or publication thereof to afford such other Party a reasonable opportunity to review and comment upon the proposed text (including redacted versions of this Agreement or the Supply Agreement), (b) either Party shall have has the further right to disclose the material financial terms of this Agreement under a confidentiality undertakings obligation no less protective than that set forth in this Agreement, to any actual or potential acquirer, merger partner, providers of financing, or potential providers of financing (whether in the form of debt, equity or otherwise) and their advisors, and (c) either upon the execution of this Agreement, the Parties will be permitted to issue the joint press release attached hereto as Exhibit F, and (d) after the Effective Date, each Party shall have has the right to disclose information regarding the development existence and Commercialization status execution of this Agreement and the Licensed Products to Supply Agreement and the extent general nature of its terms, provided that the specifics of such disclosure is made under a confidentiality undertaking to actual or prospective investorsterms are not disclosed including, or required by applicable Laws or stock exchange ruleswithout limitation, the financial terms set forth herein. Neither Party shall will make any other statement to the public regarding the execution and/or any other aspect of the subject matter of this Agreement or the Supply Agreement, except: (xi) where a Party reasonably believes disclosure is required under applicable laws or ethical commercial practice, (y) for customary discussions with current or prospective investors and analysts, ; and (zii) either Party may disclose the content of or use the text of a statement previously approved by the other Party or otherwise publicly disclosed in accordance with this Article X.Party.

Disclosure of Financial and Other Terms. Except as required by applicable laws, treaties, treaties and regulations agreements (including securities laws), the Parties parties agree that the material terms of this Agreement will be considered Confidential Information of both Partiesparties. Notwithstanding the foregoing, (a) either Party party may disclose such terms as are required to be disclosed in its publicly-filed financial statements or other public statements statements, pursuant to applicable laws, regulations, regulations and stock exchange rules (e.g., the rules of the U.S. Securities and Exchange Commission, Nasdaq OMX Nordic Exchange in StockholmNASDAQ, NYSE or any other stock exchange on which securities issued by either Party party may be issued) or otherwise disclosed pursuant to applicable law25. listed); provided, that (i) the terms of this Agreement shall be redacted to the greatest extent reasonably possible and (ii) to the extent practicable under the circumstances, such Party party shall provide the other Party party with a copy of the proposed text of such statements or disclosure (including any exhibits containing this Agreement) sufficiently in advance of the scheduled release or publication thereof to afford such other Party party a reasonable opportunity to review and comment upon the proposed text (including redacted versions of this Agreement), (b) either Party party shall have the further right to disclose the material financial terms of this Agreement under a confidentiality undertakings obligation no less protective than those set forth in this Agreement, to any actual or potential acquirer, merger partner, partner or potential providers of financing (whether in the form of debt, equity or otherwise) and their advisors, and (c) either Party party shall have the further right to disclose the material terms of this Agreement to institutional investors, investment bankers. industry analysts and other providers of financing, provided that such party shall use its reasonable best efforts to protect the confidentiality of such terms, and (d) ENDO shall have the right to disclose information regarding the development and Commercialization or commercialization status of Licensed Product in the Licensed Products Territory to the extent such disclosure is made under a confidentiality undertaking to actual deemed reasonably necessary or prospective investors, desirable by ENDO or required by applicable Laws laws or stock exchange rules. Neither Party party shall make any other statement to the public regarding the execution and/or any other aspect of the subject matter of this Agreement, except: (xi) where a Party party reasonably believes disclosure is required under applicable laws or ethical commercial practice, (y) for customary discussions with current or prospective investors and analysts, and (zii) either Party party may disclose the content of or use the text of a statement previously approved by the other Party party and (iii) except as provided above, neither party may make statements pertaining to this Agreement and the subject matter hereof including without limitation information on development or otherwise publicly disclosed in accordance with this Article X.commercialization status of Licensed Product without the prior review and consent of the CEO or president of the other party or an individual designated by such person.

Disclosure of Financial and Other Terms. Except as required by applicable laws, treaties, and regulations (including securities laws), the Parties agree that the terms of this Agreement will be considered Confidential Information of both PartiesParties to which Section 9.3 applies. Notwithstanding the foregoing, (a) either Party may disclose such terms as are required to be disclosed in its publicly-filed financial statements or other public statements pursuant to applicable laws, regulations, and stock exchange rules (e.g., the U.S. Securities and Exchange Commission, Nasdaq OMX Nordic Exchange in StockholmStockholmbörsen, or any other stock exchange on which securities issued by either Party may be issued) or otherwise disclosed pursuant to applicable law; provided, that (i) the terms of this Agreement shall be redacted to the greatest extent reasonably possible and (ii) to the extent practicable under the circumstances, such Party shall provide the other Party with a copy of the proposed text of such statements or disclosure (including any exhibits containing this Agreement) sufficiently in advance of the scheduled release or publication thereof to afford such other Party a reasonable opportunity to review and comment upon the proposed text (including redacted versions of this Agreement), (b) either Party shall have the further right to disclose the material financial terms of this Agreement under confidentiality undertakings to any actual or potential acquirer, merger partner, or providers of financing (whether in the form of debt, equity or otherwise) and their advisors, and (c) either Party shall have the right to disclose information regarding the development and Development, Finalization, Manufacturing or Commercialization status of the Licensed Products a Product to the extent such disclosure is made under a confidentiality undertaking to actual or prospective investors, or required by applicable Laws laws or stock exchange rules, and (d) either Party shall have the right to disclose the material terms of this Agreement in private meetings with actual or potential providers of financing (whether in the form of debt, equity or otherwise). Neither Party shall make any other statement to the public regarding the execution and/or any other aspect of the subject matter of this Agreement, except: (x) where a Party reasonably believes disclosure is required under applicable laws or ethical commercial practice, (y) for customary discussions with current or prospective investors and analysts, and (z) either Party may disclose the content of or use the text of a statement previously approved by the other Party or otherwise publicly disclosed in accordance with this Article X.9.

Disclosure of Financial and Other Terms. Except as required by applicable laws, treaties, treaties and regulations agreements (including securities laws), the Parties parties agree that the material terms of this Agreement will be considered Confidential Information of both Partiesparties. Notwithstanding the foregoing, (a) either Party party may disclose such terms as are required to be disclosed in its publicly-filed financial statements or other public statements statements, if and when applicable, pursuant to applicable laws, regulations, regulations and stock exchange rules (e.g., the rules of the U.S. Securities and Exchange Commission, Nasdaq OMX Nordic Exchange in StockholmNASDAQ, NYSE, LSE, AIM or any other stock exchange on which securities issued by either Party party may be issued) or otherwise disclosed pursuant to applicable lawlisted); provided, that (i) the terms of this Agreement shall be redacted to the greatest extent reasonably possible and (ii) to the extent practicable under the circumstances, such Party party shall provide the other Party party with a copy of the proposed text of such statements or disclosure (including any exhibits containing this Agreement) sufficiently in advance of the scheduled release or publication thereof to afford such other Party party a reasonable opportunity to review and comment upon the proposed text (including redacted versions of this Agreement), (b) either Party party shall have the further right to disclose the material financial terms of this Agreement under a confidentiality undertakings obligation no less protective than those set forth in this Agreement, to any actual or potential acquirer, merger partner, partner or potential providers of financing (whether in the form of debt, equity or otherwise) and their advisors, and (c) either Party party shall have the further right to disclose the material terms of this Agreement to institutional investors, investment bankers, industry analysts and other providers of financing, provided that such party shall use its reasonable best efforts to protect the confidentiality of such terms, and (d) each party shall have the right to disclose information regarding the development and Commercialization or commercialization status of Licensed Product in the Licensed Products Territory to the extent such disclosure is made under a confidentiality undertaking to actual deemed reasonably necessary or prospective investors, desirable by it or required by applicable Laws laws or stock exchange rules. Neither Party party shall make any other statement to the public regarding the execution and/or any other aspect of the subject matter of this Agreement, except: (xi) where a Party party reasonably believes disclosure is required under applicable laws or ethical commercial practice, (y) for customary discussions with current or prospective investors and analysts, and (zii) either Party party may disclose the content of or use the text of a statement previously approved by the other Party party and (iii) except as provided above, neither party may make statements pertaining to this Agreement and the subject matter hereof including without limitation information on development or otherwise publicly disclosed in accordance with this Article X.commercialization status of Licensed Product without the prior review and consent of the CEO or president of the other party or an individual designated by such person.