Existence of Agreement. Notwithstanding the foregoing, Precisely reserves the right to disclose to any third party the existence of this Agreement.
Existence of Agreement. The existence of this Agreement and the participation of the Parties in it shall be deemed to be confidential information subject to the provisions of this Article 16. Any publication, public reference or other transfer of information into the public sector regarding the relationship as defined in the Agreement or any of the terms contained in the Agreement shall be prohibited without prior written consent of the other Party.
Existence of Agreement. A franchise agreement as described in subsection (a) exists when:
Existence of Agreement. The parties hereby agree that the consummation of this Agreement, but not any of the terms hereof, except as otherwise permitted pursuant to Section 5.3, shall be deemed to be in the public domain and may be announced or otherwise referred to by a party as deemed appropriate.
Existence of Agreement. Neither party shall refer to the existence of this Agreement in advertising or sales or in any other manner whatsoever without the other party’s prior written consent.
Existence of Agreement. The existence of this Agreement and the participation of the parties in it shall be deemed to be Confidential Information subject to the provisions of this Article 12 (and in particular subject to the disclosure obligations of the parties under applicable law and regulation). Any publication, public reference or other transfer of information into the public sector regarding the relationship as defined in the Agreement or any of the terms contained in the Agreement shall be prohibited without prior written consent of the other party; provided, however, that either party may make any public disclosure it believes in good faith is required by applicable law or any listing agreement concerning publicly-traded securities, in which case the disclosing party will use its reasonable efforts to advise the other Party prior to making the disclosure, and further provided, that if the non-disclosing party wishes to request that confidential treatment be obtained for any portion of this Agreement, then the parties will cooperate in good faith to seek to obtain such confidential treatment without any obligation to incur material expense. Without limiting the foregoing, the parties may each disclose this Agreement for diligence purposes in connection with financing and acquisition activities, provided that the disclosing party shall provide simultaneous written notice to the other party concerning the need for such disclosure.
Existence of Agreement. Either party may disclose the existence, terms and conditions of this Agreement to prospective investors, provided that any such party to whom disclosure is permitted has agreed to keep such information confidential.
Existence of Agreement. Notwithstanding anything to the contrary herein, a Party may disclose the existence and terms of this Agreement: (A) in connection with filings required by securities and tax regulations and the rules and regulations of any securities exchanges upon which a Party’s or its Affiliate’s securities are traded, provided, however, that such Party shall use reasonable efforts to limit the dissemination of such information; (B) to a Party’s actual and potential lenders, private investors, bankers, accountants, and lawyers who are subject to an obligation of confidentiality; and (C) to a Party’s actual and bona fide potential assignees or transferees permitted in accordance with Section 11.3 subject to an obligation of confidentiality prohibiting further disclosure of the information.
Existence of Agreement. The existence, terms and conditions of this Agreement, and the fact that discussions are taking place between the Parties with respect to the Purpose, shall constitute Confidential Information of both Parties.
Existence of Agreement. Unless required by law or the rules of a recognized stock exchange having jurisdiction over the Reviewer, in which case the Reviewer shall provide prior notice to Exeter of such disclosure, neither party may disclose the fact that investigations or negotiations concerning the Transaction are taking place or the terms, conditions or other facts relating to the Transaction, including the existence or terms of this Agreement. The foregoing shall not apply to: (a) disclosure made by the Reviewer to its Representatives or otherwise with the prior written consent of Exeter; or (b) disclosure made by Exeter to its directors, officers, employees and advisors (including its accountants, counsel, lenders and financial advisors) or otherwise with the prior written consent of the Reviewer.
