Disclosure of Investment. The Corporation, on the one hand, and each of the Investors, on the other hand, agrees that it will not use in advertising or publicity the name of any party hereto, or any partner or employee of such party hereto or any of its respective affiliates, or any trade name, trademark, trade device, service xxxx, symbol or any abbreviation, contraction or simulation thereof owned by the other party hereto or any of its respective affiliates, in either case without the prior written consent of such party (except as such release or announcement may be required by applicable securities law or the rules or regulations of the United States Securities and Exchange Commission, in which case the party required to make the release or announcement shall make reasonable best efforts to allow each other party reasonable time to comment on such release or announcement in advance of such issuance). From and after the date hereof, neither the Corporation nor any of its Subsidiaries will represent, directly or indirectly, that any product or any service provided by the Corporation has been approved or endorsed by any Investor without the prior written consent of all of the Investors. The Corporation and each of the Investors further agree that, from the date hereof through the Closing Date, no public release or announcement concerning the transactions contemplated hereby shall be issued by any party without the prior consent of the Corporation and each Investor (which consent shall not be unreasonably withheld), except as such release or announcement may be required by applicable securities law or the rules or regulations of the United States Securities and Exchange Commission, in which case the party required to make the release or announcement shall make reasonable best efforts to allow each other party reasonable time to comment on such release or announcement in advance of such issuance.
Disclosure of Investment. The Corporation, on the one hand, and ------------------------ each of the Investors, on the other hand, agrees that it will not, (i) except as may be required by law or required to be included in any registration statement or other public filing filed by the Corporation, publicly disclose or issue any press release with respect to the transactions contemplated hereby by or any of the terms thereof without the prior consent of each of the Investors holding at least 10% or more of the then outstanding Class D Preferred Stock (or shares of Common Stock issued upon conversion thereof), which consent shall not be unreasonably withheld, or (ii) use in advertising or publicity the name of any party hereto, or any partner or employee of such party hereto or any of its respective affiliates, or any trade name, trademark, trade device, service xxxx, symbol or any abbreviation, contraction or simulation thereof owned by the other party hereto or any of its respective affiliates, in either case without the prior written consent of such party.
Disclosure of Investment. The Company shall not, directly or ------------------------ indirectly, (i) except as may be necessary or desirable in connection with a request by a governmental agency, regulatory or supervisory authority or court or as required by law, disclose the transactions contemplated by the Documents or any of the terms thereof without the prior consent of the Investors, (ii) use in advertising or publicity the name of any party hereto, or any partner or employee of such party hereto or any of its respective affiliates, or any trade name, trademark, trade device, service xxxx, symbol or any abbreviation, contraction or simulation thereof owned by any party hereto or any of its respective affiliates, in either case without the prior written consent of such party or (iii) represent, directly or indirectly, that any product or service provided by the Company has been approved or endorsed by an Investor without the prior written consent of such Investor; provided, however, the Company may -------- ------- orally disclose: (i) that an Investor is a stockholder of the Company and (ii) the percentage of the outstanding shares of capital stock of the Company held by such Investor; provided, however, further, that the Company may, subject to -------- ------- -------- review and consent of an Investor (which consent will not be unreasonably withheld), disclose information with respect to such Investor's purchase of Series B Preferred Stock hereunder solely as required to be made in the Company's financial statements in accordance with GAAP and/or the requirements of the United States Securities and Exchange Commission.
Disclosure of Investment. The Company shall not permit any of its ------------------------ subsidiaries to (i) except as may be necessary or desirable in connection with a request by or a filing with a governmental agency, regulatory or supervisory authority or court or as required by law, disclose the transactions contemplated by this Agreement or any of the Transaction Agreements or any of the terms thereof without the prior consent of the Investors, (ii) use in advertising or publicity the name of any Investor, or any partner or employee of such Investor or any of its respective affiliates, or any trade name, trademark, trade device, service xxxx, symbol or any abbreviation, contraction or simulation thereof owned by any Investor or any of its respective affiliates, in either case without the prior written consent of such Investor or (iii) represent, directly or indirectly, any product or any service provided by any or any of its subsidiaries has been approved or endorsed by any Investor without the prior written consent of the Investor; provided, however, the Company may orally -------- ------- disclose: (i) that the Investors are stockholders of the Company, (ii) the aggregate purchase price paid by each Investor in connection with the investment contemplated by this Agreement and (iii) the percentage of the outstanding shares of capital stock of the Company held by each Investor.
Disclosure of Investment. From and after the date hereof, the Existing Stockholders and the Corporation agree that they will not, (i) except as may be necessary or desirable in connection with a request by a governmental agency, regulatory or supervisory authority or court or as required by law and other than to affiliates of the Investors, and employees of the Investors or their affiliates, and potential investors in the Corporation, without the prior written consent of the other party, disclose the transactions contemplated by the Documents, or (ii) use in advertising or publicity the name of the other party hereto, or any partner or employee of such party hereto or any of its respective affiliates, or any trade name, trademark, trade device, service mark, xxmbol or any abbreviation, contraction or simulation thereof owned by the other party hereto or any of its respective affiliates, in either case without the prior written consent of such party. From and after the date hereof, neither the Corporation nor any of its subsidiaries will represent, directly or indirectly, that any product or any service provided by, the Corporation or any of its subsidiaries has been approved or endorsed by any Investor without the prior written consent of the Investors.
Disclosure of Investment. 9 SECTION 6. Confidentiality.......................................................................................10 SECTION 7. Specific Performance; Injunction......................................................................11 SECTION 8.
Disclosure of Investment. 25 4.13 Limitations on Breaches.............................................................................26 4.14 Confidentiality.....................................................................................26 4.15
Disclosure of Investment. Each of the Corporation, on ------------------------ the one hand, and GSCP, on the other hand, agrees that it will not, (i) except as may be necessary or desirable in connection with a request by a governmental agency, regulatory or supervisory authority or court or as required by law and other than to potential investors in the Corporation, disclose the transactions contemplated by this Agreement, the Stockholder Agreement or the Registration Rights Agreement without the prior consent of the Corporation and GSCP (provided, however, that the Stockholder may disclose the existence only, but -------- ------- not any of the terms, of the investment by GSCP and GSCP Affiliates in the Corporation to customers or suppliers of the Corporation), (ii) use in advertising or publicity the name of any party hereto, or any partner or employee of such party hereto or any of its respective affiliates, or any trade name, trademark, trade device, service mark, symbol or any abbreviation, contraction or simulation thereof xxxed by the other party hereto or any of its respective affiliates, in either case without the prior written consent of such party or (iii) represent, directly or indirectly, any product or any service provided by, the Corporation has been approved or endorsed by GSCP without the prior written consent of GSCP.
Disclosure of Investment. The Corporation agrees that it will ------------------------ not (i) except as may be required by law or required to be included in any registration statement or other public filing filed by the Corporation, publicly disclose or issue any press release with respect to the transactions contemplated hereby or any of the terms thereof without the prior written consent of the Investors who, together with their Affiliates, hold at least 10% or more of the then outstanding Series E Preferred Stock (or shares of Common Stock issued upon conversion thereof), which consent shall not be unreasonably withheld, or (ii) use in advertising or publicity the name of any party hereto, or any partner or employee of such party hereto or any of its respective Affiliates, or any trade name, trademark, trade device, service xxxx, symbol or any abbreviation, contraction or simulation thereof owned by any party hereto or any of its Affiliates, in any case without the prior written consent of such party.
Disclosure of Investment. The Corporation, on the one hand, and ------------------------ each of the Investors, on the other hand, agrees that it will not, (i) except as may be necessary or desirable in connection with a request by a governmental agency, regulatory or supervisory authority or court or as required by law and other than to potential investors in the Corporation, disclose the transactions contemplated by the Documents without the prior written consent of the other party or (ii) use in advertising or publicity the name of the other party hereto, or any partner or employee of such party hereto or any of its respective affiliates, or any trade name, trademark, trade device, service xxxx, symbol or any abbreviation, contraction or simulation thereof owned by the other party hereto or any of its respective affiliates, in either case without the prior written consent of such party. The Corporation will not represent, directly or indirectly, that any product or any service provided by, the Corporation has been approved or endorsed by any Investor without the prior written consent of the Investor.
