Common use of Disclosure of Material Non-Public Information Clause in Contracts

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. 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 the Investment Agreement and the Investment AgreementsNote Purchase Agreement. 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 theretofor material non-public nonpublic information that the Company had previously provided to the Investor.