Information in Public Domain. The provisions of this Article 8 do not apply to information which is or becomes part of the public domain other than through a breach of the terms hereof.
Information in Public Domain. The provisions of this Article 13 do not apply to information that is or becomes part of the public domain other than through a breach of the terms hereof.
Information in Public Domain. It is accepted by the Disclosing Party that nothing contained in this Agreement shall in any way restrict the Receiving Party’s right to use, disclose or otherwise deal with any of the Information if and to the extent that it is, or becomes generally available in the public domain, including Information obtained pursuant to the Freedom of Information Xxx 0000, other than as a result of a breach (whether directly or indirectly) of this Agreement, by the Receiving Party or by any person referred to in Clause 2.2 (Non- Disclosure).
Information in Public Domain. The obligation of confidentiality in respect of Confidential Information shall not apply to Confidential Information which is now in, or hereafter comes into, the public domain otherwise than by breach of this Agreement.
Information in Public Domain. This provision shall not apply to any information that was or is hereafter in the public domain (except as a result of a Breach of this provision).
Information in Public Domain. Confidential Information shall not include, and the foregoing provisions shall not apply to, any information that (i) at the time of disclosure by Company to Dealer or development by or for Dealer, was a part of the public domain; or (ii) after the time of disclosure by Company to Dealer or development by or for Dealer, became a part of the public domain through publication or communication by persons other than Dealer or any Dealer Personnel or persons who obtained the information directly or indirectly, whether with or without permission, from Dealer or any Dealer Personnel.
Information in Public Domain. Any confidential information that becomes part of the public domain by no act or omission in breach of Section 9.01 will cease to be confidential information for the purposes of Section 9.01.
Information in Public Domain the information in the public domain on the date of its receipt or which entered the public domain after the date of its receipt other than by an unauthorised disclosure by a party or any Associate of that party; Constitution means the constitution to be adopted by the Company with effect from Conversion, in the form attached as schedule 8; Conversion means the conversion of a some or all of the Loan into Conversion Shares pursuant to clause 4; Conversion Amount means the principal amount of the Loan specified by the Lenders for conversion into Conversion Shares in a Conversion Notice; Conversion Date means the date on which a Conversion Notice is served on the Company by the Lenders;
Information in Public Domain. The provisions of this Section 9 do not apply to information which is or becomes part of the public domain other than through a breach of the terms hereof.
Information in Public Domain the information in the public domain on the date of its receipt or which entered the public domain after the date of its receipt other than by an unauthorised disclosure by a party or any Associate of that party; Constitution means the new constitution of the Company to be adopted substantially in the form attached as Schedule 3 and which may be amended in accordance with its terms (so that for the purpose of applying relevant provisions in this agreement, the term “Constitution” will refer to the Constitution in force at the applicable time); Director means a director of the Company; Effective Date means [completion under the Subscription Agreement][the date of this Agreement]; Excluded Issuances means: Securities issued to Participants pursuant to an approved Share Scheme; or Securities issued for nil consideration under any pro-rata bonus issue or subdivision of any Securities which effects all Shareholders equally; [Fair Market Value means the fair market value of the Default Shares determined by the Board in accordance with clause 14.6]; [Drafting note: delete if the Bad Leaver Vesting provisions are not used.] GAAP means generally accepted accounting practice within the meaning of section 8 of the Financial Reporting Act 2013; Group means the Company together with its Subsidiaries, and a reference to the Group includes each member of the Group; Group Company means any company within the Group; Investor Director means a Director appointed by the Investors pursuant to clause 4.2 (if any);
