Disclosure of Material Non-Public Information. The Company shall not and shall cause each of its Affiliates (as defined in Rule 405 under the Securities Act) and other Persons acting on behalf of the Company not to divulge to any Purchaser any information that it believes to be material non-public information unless such Purchaser has agreed in writing to receive such information prior to such divulgence.
Disclosure of Material Non-Public Information. Each of the parties confirms that the Company has not and shall not, and the Company shall cause each of its Affiliates (as defined in Rule 405 under the Securities Act) and other Persons acting on its behalf not to, divulge to any Purchaser any information that it believes to be material non-public information unless such Purchaser has agreed in writing to receive such information prior to such divulgence. Each Purchaser has made its own independent examination, investigation, analysis and evaluation of the Company, including but not limited to an evaluation of the value of the Securities and has not relied upon any non-public information relating to the Company provided to the Purchasers by the Company or any of its Affiliates or other persons acting on its behalf.
Disclosure of Material Non-Public Information. The Company shall not disclose material non-public information to the Investors, or to advisors to or representatives of the Investors, unless prior to disclosure of such information the Company identifies such information as being material non-public information and provides the Investors, such advisors and representatives with the opportunity to accept or refuse to accept such material non-public information for review and any Investor wishing to obtain such information enters into an appropriate confidentiality agreement with the Company with respect thereto.
Disclosure of Material Non-Public Information. The next Business Day following the execution and delivery of this Agreement, the Company agrees to file a Current Report on Form 8-K regarding the transactions contemplated by this Agreement and the Investment Agreements. The Company hereby represents and warrants to the Investor that, upon the filing of such Form 8-K, the Company will have disclosed in the Company SEC Documents all material non-public information that the Company had previously provided to the Investor.
Disclosure of Material Non-Public Information. (a) Prior to the Effective Date, or if this Agreement is terminated in accordance with its terms within two (2) Business Days following such termination, the Company shall file with the SEC and make generally available to the public one or more cleansing documents containing all of the written or oral material non-public information of or regarding the Company and its Subsidiaries (“MNPI”) previously disclosed to any Investor or its Affiliates prior to such date or a summary thereof (such filings and disclosure being the “Final Cleansing Release”). Contemporaneously with the filing of the Plan with the Bankruptcy Court and at the time of the filing of the Disclosure Statement with the Bankruptcy Court, the Company shall file with the SEC and make generally available to the public cleansing documents containing all of the MNPI previously disclosed to any Investor or its Affiliates prior to such date or a summary thereof (such filings and disclosure being the “Disclosure Statement Cleansing Release” and together with the Final Cleansing Release, the “Cleansing Releases”). As promptly as practicable but in no event less than two (2) Business Days in advance of the filing of any Cleansing Release, the Company shall provide the Investors and the Ad Hoc Counsel with a draft of each Cleansing Release and each Cleansing Release shall be in form and substance satisfactory to the Requisite Investors and the Ad Hoc Counsel and other legal advisors to the Investors and contain such information as is required so that the holder is no longer restricted from trading in the Company’s securities or debt, including the Senior Notes and the shares of New Common Stock. Each Cleansing Release shall be on Form 8-K or any periodic report required or permitted to be filed under the Exchange Act with the SEC or, if the SEC's XXXXX filing system is not available, in such other manner that the Company reasonably determines results in public dissemination of such information.
Disclosure of Material Non-Public Information. Notwithstanding any requirement under the Letter Agreements dated on or about December 11, 2015 between the Borrower and each Lender that the Borrower publicly disclose material non-public information provided to the Lenders by the earlier of (i) two business days following the public announcement of a strategic transaction and (ii) January 29, 2016, the Loan Parties and Lenders agree that any such public disclosure shall not be required prior to the earlier of (i) January 29, 2016 or (ii) two business days following a Terminating Event.
Disclosure of Material Non-Public Information. To the knowledge of the Company, neither it nor any Person acting on its behalf has provided the Investor or its respective agents or counsel with any information that the Company believes constitutes material, non-public information concerning the Company, the Subsidiaries or their respective businesses, except insofar as the existence and terms of the proposed transactions contemplated hereunder may constitute such information.
Disclosure of Material Non-Public Information. The Borrower agrees not to disclose any material non-public information to the Lender at any time. If the Borrower inadvertently discloses any material non-public information to the Lender, then the Borrower shall promptly publicly disclose that information by filing a Form 8-K with the SEC and by any other means necessary to make that information known to the public.
Disclosure of Material Non-Public Information. The Company shall not disclose material non-public information to the Investors, or to advisors to or representatives of the Investors, unless prior to disclosure of such information the Company identifies such information as being material non-public information and provides the Investors, such advisors and representatives with the opportunity to accept or refuse to accept such material non-public information for review and any Investor wishing to obtain such information enters into an appropriate confidentiality agreement with the Company with respect thereto. Except with respect to the material terms and conditions of the transactions contemplated by the Transaction Documents, the Company confirms that neither it nor any other Person acting on its behalf has provided any of the Investors or their agents or counsel with any information that it believes constitutes or might constitute material, non-public information which has been, or will not as of the Closing be, publicly disclosed. The Company understands and confirms that the Investors will rely on the foregoing representation in effecting transactions in securities of the Company.
Disclosure of Material Non-Public Information. Except with respect to the material terms and conditions of the transactions contemplated by this Agreement, the Company covenants and agrees that neither it, nor any other Person acting on its behalf, will provide Holder or its agents or counsel with any information that the Company believes constitutes material non-public information, unless prior thereto Holder shall have entered into a written agreement with the Company regarding the confidentiality and use of such information. The Company understands and confirms that Holder shall be relying on the foregoing covenant in effecting transactions in securities of the Company.
