Common use of Disclosure of Terms; Press Releases Clause in Contracts

Disclosure of Terms; Press Releases. Notwithstanding the ----------------------------------- provisions of Section 9.13 above, from and after the First Closing, the Company may disclose the existence of this Agreement and the terms hereof, as well as each Investor's investment in the Company solely to the Company's investors, investment bankers, lenders, accountants, legal counsel, business partners, and bona fide prospective investors, employees, lenders and business partners, in each case only where such persons or entities are under appropriate nondisclosure obligations. In addition, the Company may disclose the fact that the Investor is an investor in the Company to third parties without the requirement of nondisclosure obligations. Within sixty (60) days of the First Closing, the Company may issue a press release disclosing that the Investor has invested in the Company; provided that the release does not disclose the amount or other specific terms of the investment and is approved in advance in writing by the Investor. Each Investor, at its sole discretion, may provide an executive quote or other material regarding its investment in the Company. No other announcement regarding the Investor's investment in the Company in a press conference, in any professional or trade publication, in any marketing materials or otherwise to the general public may be made without the prior written consent of the Investor, which consent may be withheld at the sole discretion of the Investor. Notwithstanding the foregoing, the Investor may disclose its investment in the Company and the terms thereof to third parties or to the public at its discretion, and the Company shall have the right to disclose to third parties any such information disclosed by the Investor in a press release or other public announcement. If the Company or the Investor determines that any disclosure not otherwise authorized by this Agreement is required by law or regulation, then the provisions of Section 9.13 regarding disclosure of Confidential Information by a Disclosing Party shall govern.

Disclosure of Terms; Press Releases. Notwithstanding the ----------------------------------- provisions of Section 9.13 4.12 above, from and after the First ClosingClosing (as defined in that certain Series C Preferred Stock Purchase Agreement dated December 23, 1998) the Company may disclose the existence of this Agreement and the terms hereofConfidential Information, as well as each Investor's investment in the Company (i) solely to the Company's investors, investment bankers, lenders, accountants, legal counsel, business partners, and bona fide prospective investors, employees, lenders and business partners, in each case only where such persons or entities are under appropriate nondisclosure obligationsobligations and (ii) as may be required pursuant to the Securities Act or Exchange Act. In addition, the Company may disclose the fact that the Investor Intel is an investor in the Company to third parties without the requirement of for nondisclosure obligationsagreements. Within sixty (60) days of the First Closing, the Company may issue a press release disclosing that the Investor Intel has invested in the Company; , provided that the release does not disclose the amount or other specific terms of the investment and is approved in advance in writing by the InvestorIntel. Each InvestorIntel, at its sole discretion, may provide an executive quote or other material regarding its investment in the Company. No Except for such disclosure and press release, no other announcement regarding the InvestorIntel's investment in the Company in a press conference, in any professional or trade publication, in any marketing materials or otherwise to the general public may be made without the prior written consent of the InvestorIntel, which consent may be withheld at the sole discretion of the InvestorIntel. Notwithstanding the foregoingforegoing and the provisions of Section 4.12 above, from and after the Investor Closing, Intel may disclose its investment in the Company and the terms thereof to third parties or to the public at its discretion, and the Company shall have the right to disclose to third parties any such information disclosed by the Investor Intel in a press release or other public announcementannouncement or document. If the Company or the Investor Intel determines that any disclosure not otherwise authorized by this Agreement Section 4.13 is required by law or regulation, then the provisions of Section 9.13 regarding disclosure of Confidential Information by a Disclosing Party shall govern.4.12 regarding

Disclosure of Terms; Press Releases. Notwithstanding the ----------------------------------- provisions of Section 9.13 4.12 above, from and after the First ClosingClosing (as defined in that certain Series C Preferred Stock Purchase Agreement dated December 23, 1998) the Company may disclose the existence of this Agreement and the terms hereofConfidential Information, as well as each Investor's investment in the Company (i) solely to the Company's investors, investment bankers, lenders, accountants, legal counsel, business partners, and bona fide prospective investors, employees, lenders and business partners, in each case only where such persons or entities are under appropriate nondisclosure obligationsobligations and (ii) as may be required pursuant to the Securities Act or Exchange Act. In addition, the Company may disclose the fact that the Investor Intel is an investor in the Company to third parties without the requirement of for nondisclosure obligationsagreements. Within sixty (60) days of the First Closing, the Company may issue a press release disclosing that the Investor Intel has invested in the Company; , provided that the release does not disclose the amount or other specific terms of the investment and is approved in advance in writing by the InvestorIntel. Each InvestorIntel, at its sole discretion, may provide an executive quote or other material regarding its investment in the Company. No Except for such disclosure and press release, no other announcement regarding the InvestorIntel's investment in the Company in a press conference, in any professional or trade publication, in any marketing materials or otherwise to the general public may be made without the prior written consent of the InvestorIntel, which consent may be withheld at the sole discretion of the InvestorIntel. Notwithstanding the foregoingforegoing and the provisions of Section 4.12 above, from and after the Investor Closing, Intel may disclose its investment in the Company and the terms thereof to third parties or to the public at its discretion, and the Company shall have the right to disclose to third parties any such information disclosed by the Investor Intel in a press release or other public announcementannouncement or document. If the Company or the Investor Intel determines that any disclosure not otherwise authorized by this Agreement Section 4.13 is required by law or regulation, then the provisions of Section 9.13 4.12 regarding disclosure of Confidential Information by a Disclosing Party shall govern. Notwithstanding the provisions of Section 4.12 above, from and after the Closing, any party hereunder may disclose the Confidential Information as may be required pursuant to the Securities Act or Exchange Act.

Disclosure of Terms; Press Releases. Notwithstanding the ----------------------------------- provisions of Section 9.13 aboveParagraph 1 of this Exhibit A, from and after the First Closingclosing of the transactions contemplated by the Purchase Agreement, the Company and the other parties hereto may disclose the existence of this the Purchase Agreement, the Rights Agreement and the general terms hereofthereof, as well as each InvestorIntel's investment in the Company solely to the Company's or the other parties' respective investors, investment bankers, lenders, accountants, legal counsel, business partners, and bona fide prospective investors, employees, lenders and business partners, in each case only where such persons or entities are under appropriate nondisclosure obligations. In addition, the Company and the other parties hereto may disclose the fact that the Investor Intel is an investor in the Company to third parties without the requirement of for nondisclosure obligationsagreements. Within sixty (60) days of the First Closing, the Company may issue a press release disclosing that the Investor Intel has invested in the Company; provided that the release does not disclose the amount or other specific terms of the investment and is approved in advance in writing by the InvestorIntel. Each InvestorIntel, at its sole discretion, may provide an executive quote or other material regarding its investment in the Company. No other announcement regarding the InvestorIntel's investment in the Company in a press conference, in any professional or trade publication, in any marketing materials or otherwise to the general public may be made without the prior written consent of the InvestorIntel, which consent may be withheld at the sole discretion of the InvestorIntel. Notwithstanding the foregoing, the Investor Intel may disclose its investment in the Company and the terms thereof to third parties or to the public at its discretion, and the Company and the other parties hereto shall have the right to disclose to third parties any such information disclosed by the Investor Intel in a press release or other public announcement. If the Company Company, Intel or the Investor determines other parties hereto determine that any disclosure not otherwise authorized by this Agreement hereby is required by law or regulation, then the provisions of Section 9.13 Paragraph 1 of this Exhibit A regarding disclosure of Confidential Information by a Disclosing Party shall govern.

Disclosure of Terms; Press Releases. Notwithstanding the ----------------------------------- provisions of Section 9.13 above, from and after the First Closing, the Company may disclose the existence of this Agreement and the terms hereof, as well as each Investor's investment in the Company solely to the Company's investors, investment bankers, lenders, accountants, legal counsel, business partners, and bona fide prospective investors, employees, lenders and business partners, in each case only where such persons or entities are under appropriate nondisclosure obligations. In addition, the Company may disclose the fact that the any Investor is an investor in the Company to third parties without the requirement of nondisclosure obligations. Within sixty (60) days of the First Closing, the Company may issue a press release disclosing that the any Investor has invested in the Company; provided that the release does not disclose the amount or other specific terms of the investment and is approved in advance in writing by the InvestorInvestors. Each Investor, at its sole discretion, may provide an executive quote or other material regarding its investment in the Company. No other announcement regarding the an Investor's investment in the Company in a press conference, in any professional or trade publication, in any marketing materials or otherwise to the general public may be made without the prior written consent of the such Investor, which consent may be withheld at the sole discretion of the Investor. Notwithstanding the foregoing, the an Investor may disclose its investment in the Company and the terms thereof to third parties or to the public at its discretion, and the Company shall have the right to disclose to third parties any such information disclosed by the Investor in a press release or other public announcement. If the Company or the an Investor determines that any disclosure not otherwise authorized by this Agreement is required by law or regulation, then the provisions of Section 9.13 regarding disclosure of Confidential Information by a Disclosing Party shall govern.

Disclosure of Terms; Press Releases. Notwithstanding the ----------------------------------- provisions of Section 9.13 6.12 above, from and after the First Closing, Closing (as defined in the Purchase Agreement) the Company may disclose the existence of this Agreement and the terms hereofConfidential Information, as well as each Investor's investment in the Company (i) solely to the Company's investors, investment bankers, lenders, accountants, legal counsel, business partners, and bona fide prospective investors, employees, lenders and business partners, in each case only where such persons or entities are under appropriate nondisclosure obligationsobligations and (ii) as may be required pursuant to the Securities Act or Exchange Act. In addition, the Company may disclose the fact that the Investor Intel is an investor in the Company to third parties without the requirement of for nondisclosure obligationsagreements. Within sixty (60) days of the First Closing, the Company may issue a press release disclosing that the Investor Intel has invested in the Company; , provided that the release does not disclose the amount or other specific terms of the investment and is approved in advance in writing by the InvestorIntel. Each InvestorIntel, at its sole discretion, may provide an executive quote or other material regarding its investment in the Company. No Except for such disclosure and press release, no other announcement regarding the InvestorIntel's investment in the Company in a press conference, in any professional or trade publication, in any marketing materials or otherwise to the general public may be made without the prior written consent of the InvestorIntel, which consent may be withheld at the sole discretion of the InvestorIntel. Notwithstanding the foregoingforegoing and the provisions of Section 6.12 above, from and after the Investor Closing, Intel may disclose its investment in the Company and the terms thereof (other than Intel's put right) to third parties or to the public at its discretion, and the Company shall have the right to disclose to third parties any such information disclosed by the Investor Intel in a press release or other public announcementannouncement or document. If the Company or the Investor Intel determines that any disclosure not otherwise authorized by this Agreement Section 6.13 is required by law or regulation, then the provisions of Section 9.13 6.12 regarding disclosure of Confidential Information by a Disclosing Party shall govern.a

Disclosure of Terms; Press Releases. Notwithstanding the ----------------------------------- provisions of Section 9.13 6.12 above, from and after the First Closing, Closing (as defined in the Purchase Agreement) the Company may disclose the existence of this Agreement and the terms hereofConfidential Information, as well as each Investor's investment in the Company (i) solely to the Company's investors, investment bankers, lenders, accountants, legal counsel, business partners, and bona fide prospective investors, employees, lenders and business partners, in each case only where such persons or entities are under appropriate nondisclosure obligationsobligations and (ii) as may be required pursuant to the Securities Act or Exchange Act. In addition, the Company may disclose the fact that the Investor Intel is an investor in the Company to third parties without the requirement of for nondisclosure obligationsagreements. Within sixty (60) days of the First Closing, the Company may issue a press release disclosing that the Investor Intel has invested in the Company; , provided that the release does not disclose the amount or other specific terms of the investment and is approved in advance in writing by the InvestorIntel. Each InvestorIntel, at its sole discretion, may provide an executive quote or other material regarding its investment in the Company. No Except for such disclosure and press release, no other announcement regarding the InvestorIntel's investment in the Company in a press conference, in any professional or trade publication, in any marketing materials or otherwise to the general public may be made without the prior written consent of the InvestorIntel, which consent may be withheld at the sole discretion of the InvestorIntel. Notwithstanding the foregoingforegoing and the provisions of Section 6.12 above, from and after the Investor Closing, Intel may disclose its investment in the Company and the terms thereof to third parties or to the public at its discretion, and the Company shall have the right to disclose to third parties any such information disclosed by the Investor Intel in a press release or other public announcementannouncement or document. If the Company or the Investor Intel determines that any disclosure not otherwise authorized by this Agreement Section 6.13 is required by law or regulation, then the provisions of Section 9.13 6.12 regarding disclosure of Confidential Information by a Disclosing Party shall govern. Notwithstanding the provisions of Section 6.12 above, from and after the Closing, any party hereunder may disclose the Confidential Information as may be required pursuant to the Securities Act or Exchange Act.