Common use of Limitations on Disclosure Clause in Contracts

Limitations on Disclosure. Other than as required under the Transaction Documents (but subject to any other disclosure obligations of the Company with respect thereto), the Company and the Guarantors shall not, and the Company and the Guarantors shall cause each of its respective officers, directors, employees and agents not to, provide any Buyer with any material, non-public information regarding the Company or any of its Subsidiaries from and after the date hereof unless prior thereto such Buyer shall have consented in writing to the receipt of such information and agreed with the Company and its Subsidiaries to keep such information confidential. To the extent that the Company or any of the Guarantors delivers any material, non-public information to a Buyer without such Buyer’s prior written consent, the Company and each Guarantor hereby covenants and agrees that such Buyer shall not have any duty of confidentiality with respect to, or a duty not to trade on the basis of, such material, non-public information, provided that the Buyer shall remain subject to applicable law. Subject to the foregoing, neither the Company, any Guarantor nor any Buyer shall issue any press releases or any other public statements with respect to the transactions contemplated hereby; provided, however, the Company shall be entitled, without the prior approval of any Buyer, to make the Press Release and any press release or other public disclosure with respect to such transactions (i) in substantial conformity with the 8-K Filing and contemporaneously therewith and (ii) as is required by applicable law and regulations (provided that in the case of clause (i), each Buyer shall be consulted by the Company in connection with any such press release or other public disclosure prior to its release). Without the prior written consent of the applicable Buyer (which may be granted or withheld in such Buyer’s sole discretion), the Company and the Guarantors shall not (and shall cause each of their respective affiliates to not) disclose the name of such Buyer in any filing, announcement, release or otherwise, except in the 8-K filing and as otherwise may be required by applicable law. Notwithstanding anything contained in this Agreement to the contrary and without implication that the contrary would otherwise be true, the Company and each Guarantor expressly acknowledges and agrees that no Buyer shall have (unless expressly agreed to by a particular Buyer after the date hereof in a written definitive and binding agreement executed by the Company and such particular Buyer (it being understood and agreed that no Buyer may bind any other Buyer with respect thereto)), any duty of confidentiality with respect to, or a duty not to trade on the basis of, any material, non-public information regarding the Company or any of its Subsidiaries.

Limitations on Disclosure. Other than as required under the Transaction Documents (but subject to any other disclosure obligations of the Company with respect thereto), the Company and the Guarantors a. The Receiving Party shall not, and for any purpose, disclose the Company and the Guarantors shall cause each of its respective officers, directors, employees and agents not to, provide any Buyer with any material, non-public information regarding the Company or any of its Subsidiaries from and after the date hereof unless prior thereto such Buyer shall have consented in writing to the receipt of such information and agreed with the Company and its Subsidiaries to keep such information confidential. To the extent that the Company or any Proprietary Information of the Guarantors delivers Disclosing Party to any material, non-public information to a Buyer third party without such Buyer’s prior written consent, the Company and each Guarantor hereby covenants and agrees that such Buyer shall not have any duty of confidentiality with respect to, or a duty not to trade on the basis of, such material, non-public information, provided that the Buyer shall remain subject to applicable law. Subject to the foregoing, neither the Company, any Guarantor nor any Buyer shall issue any press releases or any other public statements with respect to the transactions contemplated hereby; provided, however, the Company shall be entitled, without the prior approval of any Buyer, to make the Press Release and any press release or other public disclosure with respect to such transactions (i) in substantial conformity with the 8-K Filing and contemporaneously therewith and (ii) as is required by applicable law and regulations (provided that in the case of clause (i), each Buyer shall be consulted by the Company in connection with any such press release or other public disclosure prior to its release). Without the prior written consent of the applicable Buyer Disclosing Party; provided, however, that the Receiving Party may disclose such Proprietary Information (which i) where disclosure is mandated by law or by order, decree, or other judicial process issued by a court or governmental agency, body, or tribunal; and (ii) only to those of its employees, officers, and professional advisors as may be granted reasonably necessary in connection with the Purpose. Before each such disclosure contemplated by 4(a)(ii) above, such persons shall be advised of the Receiving Party's obligations of confidentiality and non-disclosure under this Agreement and each person must specifically agree in writing to be bound individually by this Agreement. b. In the event that the Receiving Party is requested to disclose any or withheld in such Buyerall of the Disclosing Party’s sole discretion)Proprietary Information contemplated by 4(a)(i) above, or by oral question, interrogatory, request for information or documents, subpoena, civil or criminal investigative demand, or similar process, the Company and Receiving Party will provide the Guarantors Disclosing Party prompt written notice of the request(s) prior to disclosure so that the Disclosing Party may either seek an appropriate remedy to prevent disclosure or waive the Receiving Party's compliance with this Agreement. c. The Receiving Party shall not disclose to any third party, without the prior written consent of the Disclosing Party, (and shall cause each i) the fact that the Proprietary Information of their respective affiliates to not) disclose the name of such Buyer in any filing, announcement, release or otherwise, except in the 8-K filing and as otherwise may be required by applicable law. Notwithstanding anything contained in this Agreement Disclosing Party has been made available to the contrary and without implication Receiving Party or (ii) that the contrary would otherwise be trueReceiving Party has inspected or had access to any portion of the Proprietary Information of the Disclosing Party. d. Unless both Parties agree, neither Party will disclose to any third party the Company and each Guarantor expressly acknowledges and agrees Purpose or fact that no Buyer shall have (unless expressly agreed to by a particular Buyer after the date hereof in a written definitive and binding agreement executed by Parties are considering the Company and such particular Buyer (it being understood and agreed that no Buyer may bind any other Buyer with respect thereto)), any duty of confidentiality with respect to, or a duty not to trade on the basis of, any material, non-public information regarding the Company or any of its SubsidiariesPurpose.

Limitations on Disclosure. Other than as required under the Transaction Documents (but subject to any other disclosure obligations of the Company with respect thereto), the Company and the Guarantors shall not, and the Company and the Guarantors shall cause each of its Subsidiaries and each of its and their respective officers, directors, employees and agents not to, provide any Buyer with any material, non-public information regarding the Company or any of its Subsidiaries from and after the date hereof unless prior thereto such Buyer shall have consented in writing to the receipt of such information and agreed with the Company and its Subsidiaries to keep such information confidential. If any material, non-public information is required to be provided by the Company or any of its Subsidiaries to any Buyer pursuant to the Transaction Documents, the Company shall obtain each Buyer’s prior written consent prior to providing such information to such Buyer, and if any Buyer fails to provide such written consent, the Company shall not be deemed to be in breach of any of the Transaction Documents as a result of the failure to provide such information. To the extent that the Company or any of the Guarantors delivers any material, non-public information to a Buyer without such BuyerXxxxx’s prior written consentconsent in breach of the foregoing sentence, the Company and each Guarantor hereby covenants and agrees that such Buyer shall not have any duty of confidentiality with respect to, or a duty not to trade on the basis of, such material, non-public information, provided that the Buyer shall remain subject to applicable law. Subject to the foregoing, neither the Company, any Guarantor its Subsidiaries nor any Buyer shall issue any press releases or any other public statements with respect to the transactions contemplated hereby; hereby, except the Press Release; provided, however, the Company shall be entitled, without the prior approval of any Buyer, to make the Press Release and any press release or other public disclosure with respect to such transactions (i) in substantial conformity with the 8-K Filing and contemporaneously therewith and (ii) as is required by applicable law and regulations (provided that in the case of clause (i)) above, each Buyer shall be consulted by the Company in connection with any such press release or other public disclosure prior to its release). Without the prior written consent of the applicable Buyer (which may be granted or withheld in such Buyer’s sole discretion), the Company and the Guarantors shall not (and shall cause each of their respective its Subsidiaries and affiliates to not) disclose the name of such Buyer in any filing, announcement, release or otherwise, except in the 8-K filing Filing and as otherwise may be required by applicable lawlaw or regulations; provided however, that with respect to any filing or submission required by applicable law or regulations, (i) such filing or submission shall contain only such information as is necessary or advisable to comply with applicable law or regulation and (ii) unless specifically prohibited by applicable law or court order, the Company shall promptly notify the Buyers of the requirement to make such submission or filing and provide the Buyers with a copy thereof. Notwithstanding anything contained in this Agreement to the contrary and without implication that the contrary would otherwise be true, the Company and each Guarantor expressly acknowledges and agrees that no Buyer shall have (unless expressly agreed to by a particular Buyer after the date hereof in a written definitive and binding agreement executed by the Company and such particular Buyer (it being understood and agreed that no Buyer may bind any other Buyer with respect thereto)), any duty of confidentiality with respect to, or a duty not to trade on the basis of, any material, non-public information regarding the Company or any of its Subsidiaries.

Limitations on Disclosure. Other than as required under the Transaction Documents (but subject to any other disclosure obligations of the Company with respect thereto), the Company and the Guarantors shall not, and the Company and the Guarantors shall cause each of its Subsidiaries and each of its and their respective officers, directors, employees and agents not to, provide any Buyer with any material, non-public information regarding the Company or any of its Subsidiaries from and after the date hereof unless prior thereto such Buyer shall have consented in writing to the receipt of such information and agreed with the Company and its Subsidiaries to keep such information confidential. If any material, non-public information is required to be provided by the Company or any of its Subsidiaries to any Buyer pursuant to the Transaction Documents, the Company shall obtain each Buyer’s prior written consent prior to providing such information to such Buyer, and if any Buyer fails to provide such written consent, the Company shall not be deemed to be in breach of any of the Transaction Documents as a result of the failure to provide such information. To the extent that the Company or any of the Guarantors delivers any material, non-public information to a Buyer without such BuyerXxxxx’s prior written consentconsent in breach of the foregoing sentence, the Company and each Guarantor hereby covenants and agrees that such Buyer shall not have any duty of confidentiality with respect to, or a duty not to trade on the basis of, such material, non-public information, provided that the Buyer shall remain subject to applicable law. Subject to the foregoing, neither the Company, any Guarantor its Subsidiaries nor any Buyer shall issue any press releases or any other public statements (by advertisement or otherwise), submit for publication or otherwise cause or seek to publish any information with respect to the transactions contemplated hereby; hereby; provided, however, the Company shall be entitled, without the prior approval of any Buyer, to make the Press Release and any press release or other public disclosure with respect to such transactions (iA) in substantial conformity with the 8-K Filing and contemporaneously therewith and (iiB) as is required by applicable law and regulations (regulations; provided however, that in the case of clause (iB), each Buyer shall be consulted unless specifically prohibited by applicable law or court order, the Company in connection shall promptly notify the Buyers of the requirement to make such submission or filing and provide the Buyers with any such press release or other public disclosure prior to its release)a copy thereof. Without the prior written consent of the applicable Buyer (which may be granted or withheld in such Buyer’s sole discretion), the Company and the Guarantors shall not (and shall cause each of their respective its Subsidiaries and affiliates to not) disclose the name of such Buyer in any filing, announcement, release release, publication or otherwise, except in the 8-K filing Filing and as otherwise may be required by applicable lawlaw or regulations. Notwithstanding anything contained in this Agreement to the contrary and without implication that the contrary would otherwise be true, the Company and each Guarantor expressly acknowledges and agrees that no Buyer shall have (unless expressly agreed to by a particular Buyer after the date hereof in a written definitive and binding agreement executed by the Company and such particular Buyer (it being understood and agreed that no Buyer may bind any other Buyer with respect thereto)), any duty of confidentiality with respect to, or a duty not to trade on the basis of, any material, non-public information regarding the Company or any of its Subsidiaries.

Limitations on Disclosure. Other than as required under the Transaction Documents (but subject to any other disclosure obligations of the The Company with respect thereto), the Company and the Guarantors shall not, and the Company and the Guarantors shall cause each of its Subsidiaries and each of its and their respective officers, directors, employees and agents not to, provide any Buyer Purchaser with any material, non-public information regarding the Company or any of its Subsidiaries from and after the date hereof unless without the express prior thereto such Buyer shall have consented in writing to the receipt written consent of such information and agreed with the Company and its Subsidiaries to keep Purchaser (which may be granted or withheld in such information confidentialPurchaser’s sole discretion). To the extent that the Company or any of the Guarantors delivers any material, non-public information to a Buyer Purchaser without such BuyerPurchaser’s prior written consent, the Company and each Guarantor hereby covenants and agrees that such Buyer Purchaser shall not have any duty of confidentiality with respect to, or a duty not to trade on the basis of, such material, non-public information, provided that the Buyer shall remain subject to applicable law. Subject to the foregoing, neither the Company, any Guarantor its Subsidiaries nor any Buyer Purchaser shall issue any press releases or any other public statements with respect to the transactions contemplated hereby; hereby; provided, however, the Company shall be entitled, without the prior approval of any BuyerPurchaser, to make the Press Release and any press release or other public disclosure with respect to such transactions (i) in substantial conformity with the 8-K Filing and contemporaneously therewith and (ii) as is required by applicable law and regulations (provided that in the case of clause (i), ) each Buyer Purchaser shall be consulted by the Company in connection with any such press release or other public disclosure prior to its release). Without the prior written consent of the applicable Buyer Purchaser (which may be granted or withheld in such BuyerPurchaser’s sole discretion), the Company and the Guarantors shall not (and shall cause each of their respective its Subsidiaries and affiliates to not) disclose the name of such Buyer Purchaser in any filing, announcement, release or otherwise, except in the 8-K filing and as otherwise may be unless required by applicable lawlaw or regulations. Notwithstanding anything contained in this Agreement to the contrary and without implication that the contrary would otherwise be true, the Company and each Guarantor expressly acknowledges and agrees that no Buyer Purchaser, except as set forth in this Agreement, shall have (unless expressly agreed to by a particular Buyer Purchaser after the date hereof in a written definitive and binding agreement executed by the Company and such particular Buyer Purchaser (it being understood and agreed that no Buyer Purchaser may bind any other Buyer Purchaser with respect thereto)), any duty of confidentiality with respect to, or a duty not to trade on the basis of, any material, non-public information regarding the Company or any of its Subsidiaries.

Limitations on Disclosure. Other than as required under the Transaction Documents (but subject to any other disclosure obligations of the Company with respect thereto), the Company and the Guarantors shall not, and the Company and the Guarantors shall cause each of its Subsidiaries and each of its and their respective officers, directors, employees and agents not to, provide any Buyer with any material, non-public information regarding the Company or any of its Subsidiaries from and after the date hereof unless prior thereto such Buyer shall have consented in writing to the receipt of such information and agreed with the Company and its Subsidiaries to keep such information confidential. If any material, non-public information is required to be provided by the Company or any of its Subsidiaries to any Buyer pursuant to the Transaction Documents, the Company shall obtain each Buyer’s prior written consent prior to providing such information to such Buyer, and if any Buyer fails to provide such written consent, the Company shall not be deemed to be in breach of any of the Transaction Documents as a result of the failure to provide such information. To the extent that the Company or any of the Guarantors delivers any material, non-public information to a Buyer without such BuyerBxxxx’s prior written consentconsent in breach of the foregoing sentence, the Company and each Guarantor hereby covenants and agrees that such Buyer shall not have any duty of confidentiality with respect to, or a duty not to trade on the basis of, such material, non-public information, provided that the Buyer shall remain subject to applicable law. Subject to the foregoing, neither the Company, any Guarantor nor any Buyer shall issue any press releases or any other public statements with respect to the transactions contemplated hereby; provided, however, the Company shall be entitled, without the prior approval of any Buyer, to make the Press Release and any press release or other public disclosure with respect to such transactions (i) in substantial conformity with the 8-K Filing and contemporaneously therewith and (ii) as is required by applicable law and regulations (provided that in the case of clause (i), each Buyer shall be consulted by the Company in connection with any such press release or other public disclosure prior to its release). Without the prior written consent of the applicable Buyer (which may be granted or withheld in such Buyer’s sole discretion), the Company and the Guarantors shall not (and shall cause each of their respective its Subsidiaries and affiliates to not) submit for publication or otherwise cause or seek to publish any information naming any Buyer or disclose the name of such Buyer in any filing, announcement, release or otherwise; provided that, nothing in the foregoing shall be construed to prohibit the Company from making any submission or filing (i) which it is required to make by applicable law or pursuant to judicial process, (ii) as required by federal securities law in connection with the filing of final Transaction Documents with the SEC, or (iii) to the extent such disclosure is required by law or regulations of Nasdaq; provided further, that (A) such filing or submission shall contain only such information as is necessary to comply with applicable law or judicial process and (B) unless specifically prohibited by applicable law or court order, the Company shall promptly notify the Buyers of the requirement to make such submission or filing and provide the Buyers with a copy thereof, except in the 8-K filing Filing and as otherwise may be required by applicable lawlaw or regulations. Notwithstanding anything contained in this Agreement to the contrary and without implication that the contrary would otherwise be true, the Company and each Guarantor expressly acknowledges and agrees that no Buyer shall have (unless expressly agreed to by a particular Buyer after the date hereof in a written definitive and binding agreement executed by the Company and such particular Buyer (it being understood and agreed that no Buyer may bind any other Buyer with respect thereto)), any duty of confidentiality with respect to, or a duty not to trade on the basis of, any material, non-public information regarding the Company or any of its Subsidiaries.

Limitations on Disclosure. Other than as required under the Transaction Documents (but subject to any other disclosure obligations of the The Company with respect thereto), the Company and the Guarantors shall not, and the Company and the Guarantors shall cause each of its Subsidiaries and each of its and their respective officers, directors, employees and agents not to, provide any Buyer the Holder with any material, non-public information regarding the Company or any of its Subsidiaries from and after the date hereof unless without the express prior thereto such Buyer shall have consented in writing to the receipt of such information and agreed with the Company and its Subsidiaries to keep such information confidential. To the extent that the Company or any written consent of the Guarantors delivers any material, non-public information to a Buyer without such BuyerHolder (which may be granted or withheld in the Holder’s prior written consent, the Company and each Guarantor hereby covenants and agrees that such Buyer shall not have any duty of confidentiality with respect to, or a duty not to trade on the basis of, such material, non-public information, provided that the Buyer shall remain subject to applicable lawsole discretion). Subject to the foregoing, neither the Company, any Guarantor its Subsidiaries nor any Buyer the Holder shall issue any press releases or any other public statements with respect to the transactions contemplated hereby; hereby; provided, however, the Company shall be entitled, without the prior approval of any Buyerthe Holder, to make the Press Release and any press release or other public disclosure with respect to such transactions (i) in substantial conformity with the 8-K Filing and contemporaneously therewith and (ii) as is required by applicable law and regulations (provided that in the case of clause (i), each Buyer ) the Holder shall be consulted by the Company in connection with any such press release or other public disclosure prior to its release). Without the prior written consent of the applicable Buyer Holder (which may be granted or withheld in such Buyerthe Holder’s sole discretion), the Company and the Guarantors shall not (and shall cause each of their respective its Subsidiaries and affiliates to not) disclose the name of such Buyer the Holder in any filing, announcement, release or otherwise, except in the 8-K filing and as otherwise may be required by applicable law. Notwithstanding anything contained in this Agreement to the contrary and without implication that the contrary would otherwise be true, the Company and each Guarantor expressly acknowledges and agrees that no Buyer the Holder shall not have (unless expressly agreed to by a particular Buyer the Holder after the date hereof in a written definitive and binding agreement executed by the Company and such particular Buyer (it being understood and agreed that no Buyer may bind any other Buyer with respect thereto)the Holder), any duty of confidentiality with respect to, or a duty not to trade on the basis of, any material, non-public information regarding the Company or any of its Subsidiaries.

Limitations on Disclosure. Other than as required under the Transaction Documents (but subject to any other disclosure obligations of the Company with respect thereto), the Company and the Guarantors shall not, and the Company and the Guarantors shall cause each of its Subsidiaries and each of its and their respective officers, directors, employees and agents not to, provide any Buyer with any material, non-public information regarding the Company or any of its Subsidiaries from and after the date hereof unless prior thereto such Buyer shall have consented in writing to the receipt of such information and agreed with the Company and its Subsidiaries to keep such information confidential. If any material, non-public information is required to be provided by the Company or any of its Subsidiaries to any Buyer pursuant to the Transaction Documents, the Company shall obtain each Buyer’s prior written consent prior to providing such information to such Buyer, and if any Buyer fails to provide such written consent, the Company shall not be deemed to be in breach of any of the Transaction Documents as a result of the failure to provide such information. To the extent that the Company or any of the Guarantors delivers any material, non-public information to a Buyer without such Buyer’s prior written consentconsent in breach of the foregoing sentence, the Company and each Guarantor hereby covenants and agrees that such Buyer shall not have any duty of confidentiality with respect to, or a duty not to trade on the basis of, such material, non-public information, provided that the Buyer shall remain subject to applicable law. Subject to the foregoing, neither the Company, any Guarantor its Subsidiaries nor any Buyer shall issue any press releases or any other public statements with respect to the transactions contemplated hereby; hereby; provided, however, the Company shall be entitled, without the prior approval of any Buyer, to make the Press Release and any press release or other public disclosure with respect to such transactions (i) in substantial conformity with the 86-K Filing and contemporaneously therewith and (ii) as is required by applicable law and regulations (provided that in the case of clause (i)) above, each Buyer shall be consulted by the Company in connection with any such press release or other public disclosure prior to its release). Without the prior written consent of the applicable Buyer (which may be granted or withheld in such Buyer’s sole discretion), the Company and the Guarantors shall not (and shall cause each of their respective its Subsidiaries and affiliates to not) disclose the name of such Buyer in any filing, announcement, release or otherwise, except in the 86-K filing Filing and as otherwise may be required by applicable lawlaw or regulations. Notwithstanding anything contained in this Agreement to the contrary and without implication that the contrary would otherwise be true, the Company and each Guarantor expressly acknowledges and agrees that no Buyer shall have (unless expressly agreed to by a particular Buyer after the date hereof in a written definitive and binding agreement executed by the Company and such particular Buyer (it being understood and agreed that no Buyer may bind any other Buyer with respect thereto)), any duty of confidentiality with respect to, or a duty not to trade on the basis of, any material, non-public information regarding the Company or any of its Subsidiaries.

Limitations on Disclosure. Other than as required under the Transaction Documents (but subject to any other disclosure obligations of the Company with respect thereto), ) the Company and the Guarantors shall not, and the Company and the Guarantors shall cause each of its Subsidiaries and each of its and their respective officers, directors, employees and agents not to, provide any Buyer with any material, non-public information regarding the Company or any of its Subsidiaries from and after the date hereof unless prior thereto such Buyer shall have consented in writing to the receipt of such information and agreed with the Company and its Subsidiaries to keep such information confidential. To the extent that the Company or any of the Guarantors delivers any material, non-public information to a Buyer without such Buyer’s prior written consent, the Company and each Guarantor hereby covenants and agrees that such Buyer shall not have any duty of confidentiality with respect to, or a duty not to trade on the basis of, such material, non-non- public information, provided that the Buyer shall remain subject to applicable law. Subject to the foregoing, neither the Company, any Guarantor its Subsidiaries nor any Buyer shall issue any press releases or any other public statements with respect to the transactions contemplated hereby; hereby; provided, however, the Company shall be entitled, without the prior approval of any Buyer, to make the Press Release and any press release or other public disclosure with respect to such transactions (i) in substantial conformity with the 8-K Filing and contemporaneously therewith and (ii) as is required by applicable law and regulations (provided that in the case of clause (i), ) each Buyer shall be consulted by the Company in connection with any such press release or other public disclosure prior to its release). Without the prior written consent of the applicable Buyer (which may be granted or withheld in such Buyer’s sole discretion), the Company and the Guarantors shall not (and shall cause each of their respective its Subsidiaries and affiliates to not) disclose the name of such Buyer in any filing, announcement, release or otherwise, except in the 8-K filing and as otherwise may be required by applicable law. Notwithstanding anything contained in this Agreement to the contrary and without implication that the contrary would otherwise be true, the Company and each Guarantor expressly acknowledges and agrees that no Buyer shall have (unless expressly agreed to by a particular Buyer after the date hereof in a written definitive and binding agreement executed by the Company and such particular Buyer (it being understood and agreed that no Buyer may bind any other Buyer with respect thereto)), any duty of confidentiality with respect to, or a duty not to trade on the basis of, any material, non-public information regarding the Company or any of its Subsidiaries.

Limitations on Disclosure. Other than as required under the Transaction Documents (but subject to any other disclosure obligations of the Company with respect thereto), the Company and the Guarantors shall not, and the Company and the Guarantors shall cause each of its Subsidiaries and each of its and their respective officers, directors, employees and agents not to, provide any Buyer each Purchaser with any material, non-public information regarding the Company or any of its Subsidiaries from and after the date hereof unless prior thereto such Buyer each Purchaser shall have consented in writing to the receipt of such information and agreed with the Company and its Subsidiaries to keep such information confidential. If any material, non-public information is required to be provided by the Company or any of its Subsidiaries to each Purchaser pursuant to the Transaction Documents, the Company shall obtain each Purchaser’s prior written consent prior to providing such information to each Purchaser, and if each Purchaser fails to provide such written consent, the Company shall not be deemed to be in breach of any of the Transaction Documents as a result of the failure to provide such information. To the extent that the Company or any of the Guarantors delivers any material, non-public information to a Buyer each Purchaser without such Buyereach Purchaser’s prior written consentconsent in breach of the foregoing sentence, the Company and each Guarantor hereby covenants and agrees that such Buyer each Purchaser shall not have any duty of confidentiality with respect to, or a duty not to trade on the basis of, such material, non-public information, provided that the Buyer each Purchaser shall remain subject to applicable law. Subject to the foregoing, neither the Company, any Guarantor its Subsidiaries nor any Buyer each Purchaser shall issue any press releases or any other public statements with respect to the transactions contemplated hereby; hereby, except the Press Release; provided, however, the Company shall be entitled, without the prior approval of any Buyereach Purchaser, to make the Press Release and any press release or other public disclosure with respect to such transactions (i) in substantial conformity with the 8-K Filing and contemporaneously therewith and (ii) as is required by applicable law and regulations (provided that in the case of clause (i)) above, each Buyer Purchaser shall be consulted by the Company in connection with any such press release or other public disclosure prior to its release). Without the prior written consent of the applicable Buyer each Purchaser (which may be granted or withheld in such Buyereach Purchaser’s sole discretion), the Company and the Guarantors shall not (and shall cause each of their respective its Subsidiaries and affiliates to not) disclose the name of such Buyer each Purchaser in any filing, announcement, release or otherwise, except in the 8-K filing Filing and as otherwise may be required by applicable lawlaw or regulations. Notwithstanding anything contained in this Agreement to the contrary and without implication that the contrary would otherwise be true, the Company and each Guarantor expressly acknowledges and agrees that no Buyer each Purchaser shall not have (unless expressly agreed to by a particular Buyer each Purchaser after the date hereof in a written definitive and binding agreement executed by the Company and such particular Buyer (it being understood and agreed that no Buyer may bind any other Buyer with respect thereto)each Purchaser), any duty of confidentiality with respect to, or a duty not to trade on the basis of, any material, non-public information regarding the Company or any of its Subsidiaries.

Limitations on Disclosure. Other than as required under the Transaction Documents (but subject to any other disclosure obligations of the The Company with respect thereto), the Company and the Guarantors shall not, and the Company and the Guarantors shall cause each of its respective officers, directors, employees and agents not to, provide any Buyer with any material, non-public information regarding the Company or any without the express prior written consent of its Subsidiaries from and after the date hereof unless prior thereto such Buyer shall have consented (which may be granted or withheld in writing to the receipt of such information and agreed with the Company and its Subsidiaries to keep such information confidentialXxxxx’s sole discretion). To the extent that the Company or any of the Guarantors its officers, directors, agents, employees or Affiliates, delivers any material, non-public information to a Buyer without such Buyer’s prior written consent, the Company and each Guarantor hereby covenants and agrees that such Buyer shall not have any duty of confidentiality to the Company or any of its officers, directors, agents, employees or Affiliates with respect to, or a duty to the Company or any of its officers, directors, agents, employees or Affiliates not to trade on the basis of, such material, non-public information, provided that the Buyer shall remain subject to applicable law. To the extent that any notice provided pursuant to any Transaction Document constitutes or contains material, non-public information regarding the Company, the Company shall simultaneously file such material non-public information with the SEC pursuant to a Current Report on Form 8-K or shall issue a press release containing such material non-public information. The Company understands and confirms that each Buyer shall be relying on the foregoing covenant in effecting transactions in securities of the Company. Subject to the foregoing, neither the Company, any Guarantor Company nor any Buyer shall issue any press releases or any other public statements with respect to the transactions contemplated hereby; hereby; provided, however, the Company shall be entitled, without the prior approval of any Buyer, to make the Press Release and any press release or other public disclosure with respect to such transactions (i) in substantial conformity with the 8-K Filing and contemporaneously therewith and (ii) as is required by applicable law and regulations including pursuant to the requirements of the 1933 Act or 1934 Act (provided that in the case of clause (i), ) each Buyer shall be consulted by the Company in connection with any such press release or other public disclosure prior to its release). Without the prior written consent of the applicable Buyer (which may be granted or withheld in such BuyerXxxxx’s sole discretion), the Company and the Guarantors shall not (and shall cause each of their respective affiliates to not) disclose the name of such Buyer in any filing, announcement, release or otherwise, except in the 8-K filing and as otherwise may be required by applicable law. Notwithstanding anything contained in this Agreement to the contrary and without implication that the contrary would otherwise be true, the Company and each Guarantor expressly acknowledges and agrees that no Buyer shall have (unless expressly agreed to by a particular Buyer after the date hereof in a written definitive and binding agreement executed by the Company and such particular Buyer (it being understood and agreed that no Buyer may bind any other Buyer with respect thereto)), any duty of confidentiality with respect to, or a duty not to trade on the basis of, any material, non-public information regarding the Company or any of its SubsidiariesCompany.

Limitations on Disclosure. Other than as required under the Transaction Documents (but subject to any other disclosure obligations of the Company with respect thereto), the Company and the Guarantors shall not, and the Company and the Guarantors shall cause each of its Subsidiaries and each of its and their respective officers, directors, employees and agents not to, provide any Buyer with any material, non-public information regarding the Company or any of its Subsidiaries from and after the date hereof unless prior thereto such Buyer shall have consented in writing to the receipt of such information and agreed with the Company and its Subsidiaries to keep such information confidential. To the extent that the Company or any of the Guarantors delivers any material, non-public information to a Buyer without such Buyer’s prior written consent, the Company and each Guarantor hereby covenants and agrees that such Buyer shall not have any duty of confidentiality with respect to, or a duty not to trade on the basis of, such material, non-public information, provided that the Buyer shall remain subject to applicable law. Subject to the foregoing, neither the Company, any Guarantor its Subsidiaries nor any Buyer shall issue any press releases or any other public statements with respect to the transactions contemplated hereby; hereby; provided, however, the Company shall be entitled, without the prior approval of any Buyer, to make the Press Release and any press release or other public disclosure with respect to such transactions (i) in substantial conformity with the 8-K Filing and contemporaneously therewith and (ii) as is required by applicable law and regulations (provided that in the case of clause (i)) above, each Buyer shall be consulted by the Company in connection with any such press release or other public disclosure prior to its release). Without the prior written consent of the applicable Buyer (which may be granted or withheld in such Buyer’s sole discretion), the Company and the Guarantors shall not (and shall cause each of their respective its Subsidiaries and affiliates to not) disclose the name of such Buyer in any filing, announcement, release or otherwise, except in the 8-K filing Filing and as otherwise may be required by applicable lawlaw or regulations. Notwithstanding anything contained in this Agreement to the contrary and without implication that the contrary would otherwise be true, the Company and each Guarantor expressly acknowledges and agrees that no Buyer shall have (unless expressly agreed to by a particular Buyer after the date hereof in a written definitive and binding agreement executed by the Company and such particular Buyer (it being understood and agreed that no Buyer may bind any other Buyer with respect thereto)), any duty of confidentiality with respect to, or a duty not to trade on the basis of, any material, non-public information regarding the Company or any of its Subsidiaries.

Limitations on Disclosure. Other than as required under the Transaction Documents (but subject to any other disclosure obligations of the Company with respect thereto), the Company and the Guarantors shall not, and the Company and the Guarantors shall cause each of its Subsidiaries and each of its and their respective officers, directors, employees and agents not to, provide Collateral Agent or any Buyer Holder with any material, non-public information regarding the Company or any of its Subsidiaries Affiliates from and after the date hereof Initial Closing Date unless prior thereto Collateral Agent and/or such Buyer Holder shall have consented in writing to the receipt of such information and agreed with the Company and its Subsidiaries to keep such information confidential. To the extent that the Company or any of the Guarantors delivers any material, non-public information to a Buyer Holder without Collateral Agent’s or such BuyerXxxxxx’s prior written consentconsent or confidentiality agreement, the Company and each Guarantor hereby covenants and agrees that such Buyer that, except as required by applicable law, neither Collateral Agent nor any Holder shall not have any duty of confidentiality with respect to, or a duty not to trade on the basis of, such material, non-public information. None of the Company or its Subsidiaries, provided that the Buyer shall remain subject to applicable law. Subject to the foregoingCollateral Agent, neither the Company, any Guarantor nor any Buyer Holder shall issue any press releases or any other public statements with respect to the transactions contemplated hereby; hereby; provided, however, the Company shall be entitled, without the prior approval of any Buyer, entitled to make the Press Release and any a press release or other public disclosure with respect to such transactions with Collateral Agent’s prior written consent (iwhich consent shall not be unreasonably withheld, conditioned, or delayed) (A) in substantial conformity with the 8-K Filing and contemporaneously therewith and (iiB) as is required by applicable law and regulations (provided that in the case of clause (i), each Buyer shall be consulted by the Company in connection with any such press release or other public disclosure prior to its release)regulations. Without the prior written consent of the applicable Buyer a Holder (which may be granted or withheld in such BuyerXxxxxx’s sole discretion), the Company and the Guarantors shall not (and shall cause each of their respective affiliates its Subsidiaries and Affiliates to not) disclose the name of such Buyer Holder in any filing, announcement, release or otherwise, except in the 8-K filing Filing and as otherwise may be required by applicable law. Notwithstanding anything contained in this Agreement to accordance with the contrary and without implication that the contrary would otherwise be true, the Company and each Guarantor expressly acknowledges and agrees that no Buyer shall have (unless expressly agreed to by a particular Buyer after the date hereof in a written definitive and binding agreement executed by the Company and such particular Buyer (it being understood and agreed that no Buyer may bind any other Buyer with respect thereto)), any duty Requirements of confidentiality with respect to, or a duty not to trade on the basis of, any material, non-public information regarding the Company or any of its SubsidiariesLaw.

Limitations on Disclosure. Other than as required under the Transaction Documents (but subject to any other disclosure obligations of the Company with respect thereto), the Company and the Guarantors shall not, and the Company and the Guarantors shall cause each of its Subsidiaries and each of its and their respective officers, directors, employees and agents not to, provide any anythe initial Buyer with any material, non-public information regarding the Company or any of its Subsidiaries from and after the date hereof unless prior thereto such Buyer shall have consented in writing to the receipt of such information and agreed with the Company and its Subsidiaries to keep such information confidential. To the extent that the Company or any of the Guarantors delivers any material, non-public information to a athe initial Buyer without such Buyer’s prior written consent, the Company and each Guarantor hereby covenants and agrees that such Buyer shall not have any duty of confidentiality with respect to, or a duty not to trade on the basis of, such material, non-public information, provided that the thesuch Buyer shall remain subject to applicable law. Subject to the foregoing, neither the Company, any Guarantor its Subsidiaries nor any Buyer shall issue any press releases or any other public statements with respect to the transactions contemplated hereby; hereby; provided, however, the Company shall be entitled, without the prior approval of any Buyer, to make the Press Release and any press release or other public disclosure with respect to such transactions (i) in substantial conformity with the 8-K Filing and contemporaneously therewith and (ii) as is required by applicable law and regulations (provided that in the case of clause (i)) above, each the leadinitial Buyer shall be consulted (but shall not have a consent right) by the Company in connection with any such press release or other public disclosure prior to its release). Without the prior written consent of the applicable Buyer (which may be granted or withheld in such Buyer’s sole discretion), the Company and the Guarantors shall not (and shall cause each of their respective its Subsidiaries and affiliates to not) disclose the name of such Buyer in any filing, announcement, release or otherwise, except in the 8-K filing and as otherwise may be required by applicable law. Notwithstanding anything contained in this Agreement to the contrary and without implication that the contrary would otherwise be true, the Company and each Guarantor expressly acknowledges and agrees that no Buyer shall have (unless expressly agreed to by a particular Buyer after the date hereof in a written definitive and binding agreement executed by the Company and such particular Buyer (it being understood and agreed that no Buyer may bind any other Buyer with respect thereto)), any duty of confidentiality with respect to, or a duty not to trade on the basis of, any material, non-public information regarding the Company or any of its Subsidiaries.

Limitations on Disclosure. Other than as required under the Transaction Documents (but subject to any other disclosure obligations of the Company with respect thereto)) or in connection with any other commercial or other relationship with the Company, the Company and the Guarantors shall not, and the Company and the Guarantors shall cause each of its Subsidiaries and each of its and their respective officers, directors, employees and agents not to, provide any the Buyer with any material, non-public information regarding the Company or any of its Subsidiaries from and after the date hereof unless prior thereto such the Buyer shall have consented in writing to the receipt of such information and agreed with the Company and its Subsidiaries to keep such information confidential. If any material, non-public information is required to be provided by the Company or any of its Subsidiaries to the Buyer pursuant to the Transaction Documents, the Company shall obtain the Buyer’s prior written consent prior to providing such information to the Buyer, and if the Buyer fails to provide such written consent, the Company shall not be deemed to be in breach of any of the Transaction Documents as a result of the failure to provide such information. To the extent that the Company or any of the Guarantors delivers any material, non-public information to a the Buyer without such the Buyer’s prior written consentconsent in breach of the foregoing sentence, the Company and each Guarantor hereby covenants and agrees that such the Buyer shall not have any duty of confidentiality with respect to, or a duty not to trade on the basis of, such material, non-public information, provided that the Buyer shall remain subject to applicable law. Subject to the foregoing, neither the Company, any Guarantor its Subsidiaries nor any the Buyer shall issue any press releases or any other public statements with respect to the transactions contemplated hereby; hereby; provided, however, the Company shall be entitled, without the prior approval of any of, but after prior written notice to, the Buyer, to make the Press Release and any press release or other public disclosure with respect to such transactions (i) in substantial conformity with the 8-K Filing and contemporaneously therewith and (ii) as is required by applicable law and regulations (provided that in the case of clause (i)) above, each the Buyer shall be consulted by the Company in connection with any such press release or other public disclosure prior to its release if Buyer is named in such release). Without the prior written consent of the applicable Buyer (which may be granted or withheld in such the Buyer’s sole discretion), the Company and the Guarantors shall not (and shall cause each of their respective affiliates its Subsidiaries and Affiliates to not) disclose the name of such the Buyer in any filing, announcement, release or otherwise, except in the 8-K filing Filing, the Resale Registration Statement (as defined below) and as otherwise may be required by applicable lawlaw or regulations. Notwithstanding anything contained in this Agreement to the contrary and without implication that the contrary would otherwise be true, the Company and each Guarantor expressly acknowledges and agrees that no the Buyer shall not have (unless expressly agreed to by a particular the Buyer after the date hereof in a written definitive and binding agreement executed by between the Company and such particular Buyer (it being understood and agreed that no Buyer may bind any other Buyer with respect thereto)the Buyer), any duty of confidentiality with respect to, or a duty not to trade on the basis of, any material, non-public information regarding the Company or any of its Subsidiaries.

Limitations on Disclosure. Other than as required under the Transaction Documents (but subject to any other disclosure obligations of the Company with respect thereto), the Company and the Guarantors shall not, and the Company and the Guarantors shall cause each of its Subsidiaries and each of its and their respective officers, directors, employees and agents not to, provide any Buyer the Purchaser with any material, non-public information regarding the Company or any of its Subsidiaries from and after the date hereof unless prior thereto such Buyer the Purchaser shall have consented in writing to the receipt of such information and agreed with the Company and its Subsidiaries to keep such information confidential. If any material, non-public information is required to be provided by the Company or any of its Subsidiaries to the Purchaser pursuant to the Transaction Documents, the Company shall obtain the Purchaser’s prior written consent prior to providing such information to the Purchaser, and if the Purchaser fails to provide such written consent, the Company shall not be deemed to be in breach of any of the Transaction Documents as a result of the failure to provide such information. To the extent that the Company or any of the Guarantors delivers any material, non-public information to a Buyer the Purchaser without such Buyerthe Purchaser’s prior written consentconsent in breach of the foregoing sentence, the Company and each Guarantor hereby covenants and agrees that such Buyer the Purchaser shall not have any duty of confidentiality with respect to, or a duty not to trade on the basis of, such material, non-public information, provided that the Buyer Purchaser shall remain subject to applicable law. Subject to the foregoing, neither the Company, any Guarantor its Subsidiaries nor any Buyer the Purchaser shall issue any press releases or any other public statements with respect to the transactions contemplated hereby; hereby; provided, however, the Company shall be entitled, without the prior approval of any Buyerthe Purchaser, to make the Press Release and any press release or other public disclosure with respect to such transactions (i) in substantial conformity with the 8-K Filing and contemporaneously therewith and (ii) as is required by applicable law and regulations (provided that in the case of clause (i)) above, each Buyer the Purchaser shall be consulted by the Company in connection with any such press release or other public disclosure prior to its release). Without the prior written consent of the applicable Buyer Purchaser (which may be granted or withheld in such Buyerthe Purchaser’s sole discretion), the Company and the Guarantors shall not (and shall cause each of their respective its Subsidiaries and affiliates to not) disclose the name of such Buyer the Purchaser in any filing, announcement, release or otherwise, except in the 8-K filing Filing and as otherwise may be required by applicable lawlaw or regulations. Notwithstanding anything contained in this Agreement to the contrary and without implication that the contrary would otherwise be true, the Company and each Guarantor expressly acknowledges and agrees that no Buyer the Purchaser shall not have (unless expressly agreed to by a particular Buyer the Purchaser after the date hereof in a written definitive and binding agreement executed by the Company and such particular Buyer (it being understood and agreed that no Buyer may bind any other Buyer with respect thereto)the Purchaser), any duty of confidentiality with respect to, or a duty not to trade on the basis of, any material, non-public information regarding the Company or any of its Subsidiaries.

Limitations on Disclosure. Other than as required under the Transaction Documents (but subject to any other disclosure obligations of the Company with respect thereto), the Company and the Guarantors shall not, and the Company and the Guarantors shall cause each of its Subsidiaries and each of its and their respective officers, directors, employees and agents not to, provide any Buyer with any material, non-public information regarding the Company or any of its Subsidiaries from and after the date hereof unless prior thereto such Buyer shall have consented in writing to the receipt of such information and agreed with the Company and its Subsidiaries to keep such information confidential. If any material, non-public information is required to be provided by the Company or any of its Subsidiaries to any Buyer pursuant to the Transaction Documents, the Company shall obtain each Buyer’s prior written consent prior to providing such information to such Buyer, and if any Buyer fails to provide such written consent, the Company shall not be deemed to be in breach of any of the Transaction Documents as a result of the failure to provide such information. To the extent that the Company or any of the Guarantors delivers any material, non-public information to a Buyer without such BuyerXxxxx’s prior written consentconsent in breach of the foregoing sentence, the Company and each Guarantor hereby covenants and agrees that such Buyer shall not have any duty of confidentiality with respect to, or a duty not to trade on the basis of, such material, non-public information, provided that the Buyer shall remain subject to applicable law. Subject to the foregoing, neither the Company, any Guarantor its Subsidiaries nor any Buyer shall issue any press releases or any other public statements with respect to the transactions contemplated hereby; hereby, except the Press Release; provided, however, the Company shall be entitled, without the prior approval of any Buyer, to make the Press Release and any press release or other public disclosure with respect to such transactions (i) in substantial conformity with the 8-K Filing and contemporaneously therewith and (ii) as is required by applicable law and regulations (provided that in the case of clause (i)) above, each Buyer shall be consulted by the Company in connection with any such press release or other public disclosure prior to its release). Without the prior written consent of the applicable Buyer (which may be granted or withheld in such Buyer’s sole discretion), the Company and the Guarantors shall not (and shall cause each of their respective its Subsidiaries and affiliates to not) disclose the name of such Buyer in any filing, announcement, release or otherwise, except in the 8-K filing Filing and as otherwise may be required by applicable lawlaw or regulations. Notwithstanding anything contained in this Agreement to the contrary and without implication that the contrary would otherwise be true, the Company and each Guarantor expressly acknowledges and agrees that no Buyer shall have (unless expressly agreed to by a particular Buyer after the date hereof in a written definitive and binding agreement executed by the Company and such particular Buyer (it being understood and agreed that no Buyer may bind any other Buyer with respect thereto)), any duty of confidentiality with respect to, or a duty not to trade on the basis of, any material, non-public information regarding the Company or any of its Subsidiaries.

Limitations on Disclosure. Other than as Except to the extent required under in the Transaction Documents (but subject to any other disclosure obligations of the Company with respect thereto), the Company and the Guarantors shall not, and the Company and the Guarantors shall cause each performance of its respective officersServices, directors, employees and agents not to, provide any Buyer with any material, non-public information regarding the Company or any of its Subsidiaries from and after the date hereof unless prior thereto such Buyer shall have consented in writing to the receipt of such information and agreed with the Company and its Subsidiaries to keep such information confidential. To the extent that the Company or any of the Guarantors delivers any material, non-public information to a Buyer without such Buyer’s prior written consent, the Company and each Guarantor hereby covenants and Consultant agrees that such Buyer shall not have any duty of confidentiality with respect to, or a duty not to trade on the basis of, such material, non-public information, provided that the Buyer shall remain subject to applicable law. Subject to the foregoing, neither the Company, any Guarantor nor any Buyer shall issue any press releases or any other public statements with respect to the transactions contemplated hereby; provided, however, the Company shall be entitled, without the prior approval of any Buyer, to make the Press Release and any press release or other public disclosure with respect to such transactions (i) in substantial conformity with the 8-K Filing and contemporaneously therewith and (ii) as is required by applicable law and regulations (provided that in the case of clause (i), each Buyer shall be consulted by the Company in connection with any such press release or other public disclosure prior to its release). Without the prior written consent of the applicable Buyer (which may be granted or withheld in such Buyer’s sole discretion), the Company and the Guarantors it shall not (and shall cause each take full responsibility for ensuring that none of their respective affiliates its agents), without the express and duly authorized prior written consent of Company, transmit, disseminate, redistribute, market, publish, disclose or otherwise divulge to notany other Person for any purpose whatsoever (i) disclose any of Company Confidential Information during the name Term and for a period of three (3) years immediately thereafter; or (ii) any of Company Trade Secrets at any time during which such Buyer in any filinginformation shall continue to constitute a Trade Secret (whether before, announcement, release during or otherwise, except in the 8-K filing and as otherwise may after termination of this Agreement). Consultant’s obligations under this Section 6(b) shall not apply to information that can be required demonstrated by applicable law. Notwithstanding anything contained in Consultant to: (i) have been developed independently by or known to Consultant prior to execution of this Agreement and not otherwise assigned, transferred or otherwise conveyed to the contrary and without implication that the contrary would otherwise be true, the Company and each Guarantor expressly acknowledges and agrees that no Buyer shall have (unless expressly agreed to by a particular Buyer after the date hereof in a written definitive and binding agreement executed by the Company and such particular Buyer (it being understood and agreed that no Buyer may bind under this Agreement or any other Buyer with respect thereto))agreement; (ii) not have been acquired, any duty of confidentiality with respect todirectly or indirectly, or a duty not to trade on the basis of, any material, non-public information regarding by Consultant from the Company or from a third party under an obligation of confidence or limited use; (iii) have been rightfully received by Consultant in accordance with this Agreement after disclosure to Company from a third party who did not require Consultant to hold it in confidence or limit its use and who did not acquire it, directly or indirectly, from the Company under a continuing obligation of confidence; (iv) have been in the public domain as of the date of this Agreement, or comes into the public domain during the Term of this Agreement through no fault of Consultant; or (v) to be required to be disclosed by a governmental or other regulatory body or by action of law. If Consultant under clause (v) above becomes legally compelled to disclose any Company Confidential Information or Trade Secrets, Consultant shall use all reasonable efforts to provide Company with prior notice thereof so that it may seek a protective order or other appropriate remedy to prevent such disclosure. If such protective order or other remedy is not obtained prior to the time such disclosure is required, Consultant shall nevertheless only disclose that portion of its Subsidiariessuch Confidential Information or Trade Secrets that it is legally required to disclose.

Limitations on Disclosure. Other than as required under the Transaction Documents (but subject to any other disclosure obligations of the Company with respect thereto), the Company and the Guarantors shall not, and the Company and the Guarantors shall cause each of its Subsidiaries and each of its and their respective officers, directors, employees and agents not to, provide any Buyer with any material, non-public information regarding the Company or any of its Subsidiaries from and after the date hereof unless prior thereto such Buyer shall have consented in writing to the receipt of such information and agreed with the Company and its Subsidiaries to keep such information confidential. To the extent that the Company or any of the Guarantors delivers any material, non-public information to a Buyer without such Buyer’s prior written consent, the Company and each Guarantor hereby covenants and agrees that such Buyer shall not have any duty of confidentiality with respect to, or a duty not to trade on the basis of, such material, non-public information, provided that the Buyer shall remain subject to applicable law. Subject to the foregoing, neither the Company, any Guarantor its Subsidiaries nor any Buyer shall issue any press releases or any other public statements with respect to the transactions contemplated hereby; hereby; provided, however, the Company shall be entitled, without the prior approval of any Buyer, to make the Press Release and any press release or other public disclosure with respect to such transactions (i) in substantial conformity with the 8-K Filing and contemporaneously therewith and (ii) as is required by applicable law and regulations (provided that in the case of clause (i)) above, each Buyer shall be consulted by the Company in connection with any such press release or other public disclosure prior to its release). Without the prior written consent of the applicable Buyer (which may be granted or withheld in such Buyer’s sole discretion), the Company and the Guarantors shall not (and shall cause each of their respective its Subsidiaries and affiliates to not) disclose the name of such Buyer in any filing, announcement, release or otherwise, except in the 8-K filing and as otherwise may be required by applicable law. Notwithstanding anything contained in this Agreement to the contrary and without implication that the contrary would otherwise be true, the Company and each Guarantor expressly acknowledges and agrees that no Buyer shall have (unless expressly agreed to by a particular Buyer after the date hereof in a written definitive and binding agreement executed by the Company and such particular Buyer (it being understood and agreed that no Buyer may bind any other Buyer with respect thereto)), any duty of confidentiality with respect to, or a duty not to trade on the basis of, any material, non-public information regarding the Company or any of its Subsidiaries.

Limitations on Disclosure. Other than as required under the Transaction Documents (but subject to any other disclosure obligations of the Company with respect thereto), the Company and the Guarantors shall not, and the Company and the Guarantors shall cause each of its Subsidiaries and each of its and their respective officers, directors, employees and agents not to, provide any Buyer with any material, non-public information regarding the Company or any of its Subsidiaries from and after the date hereof unless prior thereto such Buyer shall have consented in writing to the receipt of such information and agreed with the Company and its Subsidiaries to keep such information confidential. If any material, non-public information is required to be provided by the Company or any of its Subsidiaries to any Buyer pursuant to the Transaction Documents, the Company shall obtain each Buyer’s prior written consent prior to providing such information to such Buyer, and if any Buyer fails to provide such written consent, the Company shall not be deemed to be in breach of any of the Transaction Documents as a result of the failure to provide such information. To the extent that the Company or any of the Guarantors delivers any material, non-public information to a Buyer without such BuyerBxxxx’s prior written consentconsent in breach of the foregoing sentence, the Company and each Guarantor hereby covenants and agrees that such Buyer shall not have any duty of confidentiality with respect to, or a duty not to trade on the basis of, such material, non-public information, provided that the Buyer shall remain subject to applicable law. Subject to the foregoing, neither the Company, any Guarantor its Subsidiaries nor any Buyer shall issue any press releases or any other public statements with respect to the transactions contemplated hereby; hereby, except the Press Release; provided, however, the Company shall be entitled, without the prior approval of any Buyer, to make the Press Release and any press release or other public disclosure with respect to such transactions (i) in substantial conformity with the 8-K Filing and contemporaneously therewith and (ii) as is required by applicable law and regulations (provided that in the case of clause (i)) above, each Buyer shall be consulted by the Company in connection with any such press release or other public disclosure prior to its release). Without the prior written consent of the applicable Buyer (which may be granted or withheld in such Buyer’s sole discretion), the Company and the Guarantors shall not (and shall cause each of their respective its Subsidiaries and affiliates to not) disclose the name of such Buyer in any filing, announcement, release or otherwise, except in the 8-K filing and as otherwise may be required by applicable lawlaw or regulations. Notwithstanding anything contained in this Agreement to the contrary and without implication that the contrary would otherwise be true, the Company and each Guarantor expressly acknowledges and agrees that no Buyer shall have (unless expressly agreed to by a particular Buyer after the date hereof in a written definitive and binding agreement executed by the Company and such particular Buyer (it being understood and agreed that no Buyer may bind any other Buyer with respect thereto)), any duty of confidentiality with respect to, or a duty not to trade on the basis of, any material, non-public information regarding the Company or any of its Subsidiaries, except as otherwise may be required by applicable law or regulations.

Limitations on Disclosure. Other than as required under the Transaction Documents (but subject to any other disclosure obligations of the The Company with respect thereto), the Company and the Guarantors shall not, and the Company and the Guarantors shall cause each of its Subsidiaries and each of its and their respective officers, directors, employees and agents not to, provide any Buyer with any material, non-public information regarding the Company or any of its Subsidiaries from and after the date hereof unless without the express prior thereto written consent of such Buyer shall have consented (which may be granted or withheld in writing to such Buyer’s sole discretion). In the receipt event of such information and agreed with a breach of any of this subsection (ii), by the Company and Company, any of its Subsidiaries to keep such information confidential. To the extent that the Company Subsidiaries, or any of its or their respective officers, directors, employees and agents (as determined in the Guarantors delivers reasonable good faith judgment of such Buyer), in addition to any other remedy provided herein or in the Transaction Documents, upon such Buyer’s notification of breach, the Company shall make a public disclosure, in the form of a press release, public advertisement, Form 8-K or otherwise, of such material, non-public information to as soon as practicable, but in no event later than one Trading Day after a Buyer without such Buyer’s prior written consent, the Company and each Guarantor hereby covenants and agrees that such Buyer shall not have any duty of confidentiality with respect to, or a duty not to trade on the basis of, such material, non-public information, provided that the Buyer shall remain subject to applicable lawnotification. Subject to the foregoing, neither the Company, any Guarantor its Subsidiaries nor any Buyer shall issue any press releases or any other public statements with respect to the transactions contemplated hereby; hereby; provided, however, the Company shall be entitled, without the prior approval of any Buyer, to make the Press Release and any press release or other public disclosure with respect to such transactions (i) in substantial conformity with the 8-K Filing and contemporaneously therewith and (ii) as is required by applicable law and regulations (provided that in the case of clause (i), ) each Buyer shall be consulted by the Company in connection with any such press release or other public disclosure prior to its release). Without the prior written consent of the applicable Buyer (which may be granted or withheld in such Buyer’s sole discretion), the Company and the Guarantors shall not (and shall cause each of their respective its Subsidiaries and affiliates to not) disclose the name of such Buyer in any filing, announcement, release or otherwise, except in the 8-K filing and as otherwise may be required by applicable law. Notwithstanding anything contained in this Agreement to the contrary and without implication that the contrary would otherwise be true, the Company and each Guarantor expressly acknowledges and agrees that no Buyer shall have (unless expressly agreed to by a particular Buyer after the date hereof in a written definitive and binding agreement executed by the Company and such particular Buyer (it being understood and agreed that no Buyer may bind any other Buyer with respect thereto)), any duty to the Company, its Subsidiaries or any of their respective officers, directors, employees or agents of confidentiality with respect to, or a duty to the Company, its Subsidiaries or any of their respective officers, directors, employees or agents not to trade on the basis of, any material, non-public information regarding the Company or any of its Subsidiaries.

Limitations on Disclosure. Other than as required under the Transaction Documents (but subject to any other disclosure obligations of the Company with respect thereto), the Company and the Guarantors shall not, and the Company and the Guarantors shall cause each of its Subsidiaries and each of its and their respective officers, directors, employees and agents not to, provide any the Buyer with any material, non-public information regarding the Company or any of its Subsidiaries from and after the date hereof unless prior thereto such the Buyer shall have consented in writing to the receipt of such information and agreed with the Company and its Subsidiaries to keep such information confidential. If any material, non-public information is required to be provided by the Company or any of its Subsidiaries to the Buyer pursuant to the Transaction Documents, the Company shall obtain the Buyer’s prior written consent prior to providing such information to the Buyer, and if the Buyer fails to provide such written consent, the Company shall not be deemed to be in breach of any of the Transaction Documents as a result of the failure to provide such information. To the extent that the Company or any of the Guarantors delivers any material, non-public information to a the Buyer without such the Buyer’s prior written consentconsent in breach of the foregoing sentence, the Company and each Guarantor hereby covenants and agrees that such the Buyer shall not have any duty of confidentiality with respect to, or a duty not to trade on the basis of, such material, non-public information, provided that the Buyer shall remain subject to applicable law. Subject to the foregoing, neither the Company, any Guarantor its Subsidiaries nor any the Buyer shall issue any press releases or any other public statements with respect to the transactions contemplated hereby; hereby, except the Press Release; provided, however, the Company shall be entitled, without the prior approval of any the Buyer, to make the Press Release and any press release or other public disclosure with respect to such transactions (i) in substantial conformity with the 8-K Filing and contemporaneously therewith and (ii) as is required by applicable law and regulations (provided that in the case of clause (i)) above, each the Buyer shall be consulted by the Company in connection with any such press release or other public disclosure prior to its release). Without the prior written consent of the applicable Buyer (which may be granted or withheld in such the Buyer’s sole discretion), the Company and the Guarantors shall not (and shall cause each of their respective its Subsidiaries and affiliates to not) disclose the name of such the Buyer in any filing, announcement, release or otherwise, except in the 8-K filing Filing and as otherwise may be required by applicable lawlaw or regulations. Notwithstanding anything contained in this Agreement to the contrary and without implication that the contrary would otherwise be true, the Company and each Guarantor expressly acknowledges and agrees that no the Buyer shall not have (unless expressly agreed to by a particular the Buyer after the date hereof in a written definitive and binding agreement executed by the Company and such particular Buyer (it being understood and agreed that no Buyer may bind any other Buyer with respect thereto)the Buyer), any duty of confidentiality with respect to, or a duty not to trade on the basis of, any material, non-public information regarding the Company or any of its Subsidiaries.

Limitations on Disclosure. Other than as required under the Transaction Documents (but subject to any other disclosure obligations of the Company with respect thereto), the Company and the Guarantors shall not, and the Company and the Guarantors shall cause each of its Subsidiaries and each of its and their respective officers, directors, employees and agents not to, provide any Buyer with any material, non-public information regarding the Company or any of its Subsidiaries from and after the date hereof unless prior thereto such Buyer shall have consented in writing to the receipt of such information and agreed with the Company and its Subsidiaries to keep such information confidential. To the extent that the Company or any of the Guarantors delivers any material, non-public information to a Buyer without such Buyer’s prior written consent, the Company and each Guarantor hereby covenants and agrees that such Buyer shall not have any duty of confidentiality with respect to, or a duty not to trade on the basis of, such material, non-public information, provided that the Buyer shall remain subject to applicable law. Subject to the foregoing, neither the Company, any Guarantor its Subsidiaries nor any Buyer shall issue any press releases or any other public statements with respect to the transactions contemplated hereby; hereby; provided, however, the Company shall be entitled, without the prior approval of any Buyer, to make the Press Release and any press release or other public disclosure with respect to such transactions (i) in substantial conformity with the 8-K Filing and contemporaneously therewith and (ii) as is required by applicable law and regulations (provided that in the case of clause (i)) above, each the lead Buyer shall be consulted (but shall not have a consent right) by the Company in connection with any such press release or other public disclosure prior to its release). Without the prior written consent of the applicable Buyer (which may be granted or withheld in such Buyer’s sole discretion), the Company and the Guarantors shall not (and shall cause each of their respective its Subsidiaries and affiliates to not) disclose the name of such Buyer in any filing, announcement, release or otherwise, except in the 8-K filing and as otherwise may be required by applicable law. Notwithstanding anything contained in this Agreement to the contrary and without implication that the contrary would otherwise be true, the Company and each Guarantor expressly acknowledges and agrees that no Buyer shall have (unless expressly agreed to by a particular Buyer after the date hereof in a written definitive and binding agreement executed by the Company and such particular Buyer (it being understood and agreed that no Buyer may bind any other Buyer with respect thereto)), any duty of confidentiality with respect to, or a duty not to trade on the basis of, any material, non-public information regarding the Company or any of its Subsidiaries.

Limitations on Disclosure. Other than as required under the Transaction Documents (but subject to any other disclosure obligations of the Company with respect thereto), the Company and the Guarantors shall not, and the Company and the Guarantors shall cause each of its Subsidiaries and each of its and their respective officers, directors, employees and agents not to, provide any Buyer with any material, non-public information regarding the Company or any of its Subsidiaries from and after the date hereof unless prior thereto such Buyer shall have consented in writing to the receipt of such information and agreed with the Company and its Subsidiaries to keep such information confidential. If any material, non-public information is required to be provided by the Company or any of its Subsidiaries to any Buyer pursuant to the Transaction Documents, the Company shall obtain each Buyer’s prior written consent prior to providing such information to such Buyer, and if any Buyer fails to provide such written consent, the Company shall not be deemed to be in breach of any of the Transaction Documents as a result of the failure to provide such information. To the extent that the Company or any of the Guarantors delivers any material, non-public information to a Buyer without such BuyerXxxxx’s prior written consentconsent in breach of the foregoing sentence, the Company and each Guarantor hereby covenants and agrees that such Buyer shall not have any duty of confidentiality with respect to, or a duty not to trade on the basis of, such material, non-public information, provided that the Buyer shall remain subject to applicable law. Subject to the foregoing, neither the Company, any Guarantor its Subsidiaries nor any Buyer shall issue any press releases or any other public statements with respect to the transactions contemplated hereby; hereby, except the Press Release and the 8-K filing; provided, however, the Company shall be entitled, without the prior approval of any Buyer, to make the Press Release and any press release or other public disclosure with respect to such transactions (iA) in substantial conformity with the 8-K Filing and contemporaneously therewith and (iiB) as is required by applicable law and regulations (provided that in the case of clause (i)A) above, each Buyer shall be consulted by the Company in connection with any such press release or other public disclosure prior to its release). Without the prior written consent of the applicable Buyer (which may be granted or withheld in such Buyer’s sole discretion), the Company and the Guarantors shall not (and shall cause each of their respective its Subsidiaries and affiliates to not) submit for publication or otherwise cause or seek to publish any information naming any Buyer or disclose the name of such any Buyer in any filing, announcement, release or otherwise; provided that, except nothing in the 8-K foregoing shall be construed to prohibit the Company from making any submission or filing (i) which it is required to make by applicable law or pursuant to judicial process, (ii) as required by federal securities law in connection with the filing of final Transaction Documents with the SEC, or (iii) to the extent such disclosure is required by law or regulations of the Principal Market (as defined in the Warrants); provided further, that (A) such filing or submission shall contain only such information as is necessary to comply with applicable law or judicial process and (B) unless specifically prohibited by applicable law or court order, the Company shall promptly notify the Buyers of the requirement to make such submission or filing and as otherwise may be required by applicable lawprovide the Buyers with a copy thereof. Notwithstanding anything contained in this Agreement to the contrary and without implication that the contrary would otherwise be true, the Company and each Guarantor expressly acknowledges and agrees that no Buyer shall have (unless expressly agreed to by a particular Buyer after the date hereof in a written definitive and binding agreement executed by the Company and such particular Buyer (it being understood and agreed that no Buyer may bind any other Buyer with respect thereto)), ) any duty of confidentiality with respect to, or a duty not to trade on the basis of, any material, non-public information regarding the Company or any of its Subsidiaries.

Limitations on Disclosure. Other than as required under the Transaction Documents (but subject to any other disclosure obligations of the Company with respect thereto), the Company and the Guarantors shall not, and the Company and the Guarantors shall cause each of its Subsidiaries and each of its and their respective officers, directors, employees and agents not to, provide any Buyer Holder with any material, non-public information regarding the Company or any of its Subsidiaries from and after the date hereof unless prior thereto such Buyer Holder shall have consented in writing to the receipt of such information and agreed with the Company and its Subsidiaries to keep such information confidential. If any material, non-public information is required to be provided by the Company or any of its Subsidiaries to any Holder pursuant to the Transaction Documents, the Company shall obtain each Holder’s prior written consent prior to providing such information to such Holder, and if any Holder fails to provide such written consent, the Company shall not be deemed to be in breach of any of the Transaction Documents as a result of the failure to provide such information. To the extent that the Company or any of the Guarantors delivers any material, non-public information to a Buyer Holder without such BuyerHolder’s prior written consentconsent in breach of the foregoing sentence, the Company and each Guarantor hereby covenants and agrees that such Buyer Holder shall not have any duty of confidentiality with respect to, or a duty not to trade on the basis of, such material, non-public information, provided that the Buyer Holder shall remain subject to applicable law. Subject to the foregoing, neither the Company, any Guarantor its Subsidiaries nor any Buyer Holder shall issue any press releases or any other public statements with respect to the transactions contemplated hereby; hereby; provided, however, the Company shall be entitled, without the prior approval of any BuyerHolder, to make the Press Release and any press release or other public disclosure with respect to such transactions (i) in substantial conformity with the 8-K Filing and contemporaneously therewith and (ii) as is required by applicable law and regulations (provided that in the case of clause (i)) above, each Buyer Holder shall be consulted by the Company in connection with any such press release or other public disclosure prior to its release). Without the prior written consent of the applicable Buyer Holder (which may be granted or withheld in such BuyerHolder’s sole discretion), the Company and the Guarantors shall not (and shall cause each of their respective its Subsidiaries and affiliates to not) disclose the name of such Buyer Holder in any filing, announcement, release or otherwise, except in the 8-K filing Filing and as otherwise may be required by applicable lawlaw or regulations. Notwithstanding anything contained in this Agreement to the contrary and without implication that the contrary would otherwise be true, the Company and each Guarantor expressly acknowledges and agrees that no Buyer Holder shall have (unless expressly agreed to by a particular Buyer Holder after the date hereof in a written definitive and binding agreement executed by the Company and such particular Buyer Holder (it being understood and agreed that no Buyer Holder may bind any other Buyer Holder with respect thereto)), any duty of confidentiality with respect to, or a duty not to trade on the basis of, any material, non-public information regarding the Company or any of its Subsidiaries.

Limitations on Disclosure. Other than as required under the Transaction Documents (but subject to any other disclosure obligations of the Company with respect thereto), the Company and the Guarantors shall not, and the Company and the Guarantors shall cause each of its Subsidiaries and each of its and their respective officers, directors, employees and agents not to, provide any Buyer with any material, non-public information regarding the Company or any of its Subsidiaries from and after the date hereof unless prior thereto such Buyer shall have consented in writing to the receipt of such information and agreed with the Company and its Subsidiaries to keep such information confidential. If any material, non-public information is required to be provided by the Company or any of its Subsidiaries to any Buyer pursuant to the Transaction Documents, the Company shall obtain each Buyer’s prior written consent prior to providing such information to such Buyer, and if any Buyer fails to provide such written consent, the Company shall not be deemed to be in breach of any of the Transaction Documents as a result of the failure to provide such information. To the extent that the Company or any of the Guarantors delivers any material, non-public information to a Buyer without such Buyer’s prior written consentconsent in breach of the foregoing sentence, the Company and each Guarantor hereby covenants and agrees that such Buyer shall not have any duty of confidentiality with respect to, or a duty not to trade on the basis of, such material, non-public information, provided that the Buyer shall remain subject to applicable law. Subject to the foregoing, neither the Company, any Guarantor its Subsidiaries nor any Buyer shall issue any press releases or any other public statements (by advertisement or otherwise), submit for publication or otherwise cause or seek to publish any information with respect to the transactions contemplated hereby; hereby; provided, however, the Company shall be entitled, without the prior approval of any Buyer, to make the Press Release and any press release or other public disclosure with respect to such transactions (iA) in substantial conformity with the 8-K Filing and contemporaneously therewith and (iiB) as is required by applicable law and regulations (regulations; provided however, that in the case of clause Clause (iB), each Buyer shall be consulted unless specifically prohibited by applicable law or court order, the Company in connection shall promptly notify the Buyers of the requirement to make such submission or filing and provide the Buyers with any such press release or other public disclosure prior to its release)a copy thereof. Without the prior written consent of the applicable Buyer (which may be granted or withheld in such Buyer’s sole discretion), the Company and the Guarantors shall not (and shall cause each of their respective its Subsidiaries and affiliates to not) disclose the name of such Buyer in any filing, announcement, release release, publication or otherwise, except in the 8-K filing Filing and as otherwise may be required by applicable lawlaw or regulations. Notwithstanding anything contained in this Agreement to the contrary and without implication that the contrary would otherwise be true, the Company and each Guarantor expressly acknowledges and agrees that no Buyer shall have (unless expressly agreed to by a particular Buyer after the date hereof in a written definitive and binding agreement executed by the Company and such particular Buyer (it being understood and agreed that no Buyer may bind any other Buyer with respect thereto)), any duty of confidentiality with respect to, or a duty not to trade on the basis of, any material, non-public information regarding the Company or any of its Subsidiaries.

Limitations on Disclosure. Other than as required under the Transaction Documents (but subject to any other disclosure obligations of the Company with respect thereto), the Company and the Guarantors shall not, and the Company and the Guarantors shall cause each of its Subsidiaries and each of its and their respective officers, directors, employees and agents not to, provide any Buyer Holder with any material, non-public information regarding the Company or any of its Subsidiaries from and after the date hereof unless prior thereto such Buyer Holder shall have consented in writing to the receipt of such information and agreed with the Company and its Subsidiaries to keep such information confidential. If any material, non-public information is required to be provided by the Company or any of its Subsidiaries to any Holder pursuant to the Transaction Documents, the Company shall obtain each Holder’s prior written consent prior to providing such information to such Holder, and if any Holder fails to provide such written consent, the Company shall not be deemed to be in breach of any of the Transaction Documents as a result of the failure to provide such information. To the extent that the Company or any of the Guarantors delivers any material, non-public information to a Buyer Holder without such BuyerXxxxxx’s prior written consentconsent in breach of the foregoing sentence, the Company and each Guarantor hereby covenants and agrees that such Buyer Holder shall not have any duty of confidentiality with respect to, or a duty not to trade on the basis of, such material, non-public information, provided that the Buyer Holder shall remain subject to applicable law. Subject to the foregoing, neither the Company, any Guarantor its Subsidiaries nor any Buyer Holder shall issue any press releases or any other public statements with respect to the transactions contemplated hereby; hereby; provided, however, the Company shall be entitled, without the prior approval of any BuyerHolder, to make the Press Release and any press release or other public disclosure with respect to such transactions (i) in substantial conformity with the 8-K Filing and contemporaneously therewith and (ii) as is required by applicable law and regulations (provided that in the case of clause (i)) above, each Buyer Holder shall be consulted by the Company in connection with any such press release or other public disclosure prior to its release). Without the prior written consent of the applicable Buyer Holder (which may be granted or withheld in such BuyerHolder’s sole discretion), the Company and the Guarantors shall not (and shall cause each of their respective its Subsidiaries and affiliates to not) disclose the name of such Buyer Holder in any filing, announcement, release or otherwise, except in the 8-K filing Filing and as otherwise may be required by applicable lawlaw or regulations. Notwithstanding anything contained in this Agreement to the contrary and without implication that the contrary would otherwise be true, the Company and each Guarantor expressly acknowledges and agrees that no Buyer Holder shall have (unless expressly agreed to by a particular Buyer Holder after the date hereof in a written definitive and binding agreement executed by the Company and such particular Buyer Holder (it being understood and agreed that no Buyer Holder may bind any other Buyer Holder with respect thereto)), any duty of confidentiality with respect to, or a duty not to trade on the basis of, any material, non-public information regarding the Company or any of its Subsidiaries.

Limitations on Disclosure. Other than as required under the Transaction Documents (but subject to any other disclosure obligations of the Company with respect thereto), the Company and the Guarantors shall not, and the Company and the Guarantors shall cause each of its Subsidiaries and each of its and their respective officers, directors, employees and agents not to, provide any Buyer Holder with any material, non-public information regarding the Company or any of its Subsidiaries from and after the date hereof unless prior thereto such Buyer Holder shall have consented in writing to the receipt of such information and agreed with the Company and its Subsidiaries to keep such information confidential. If any material, non-public information is required to be provided by the Company or any of its Subsidiaries to any Holder pursuant to the Transaction Documents, the Company shall obtain each Holder’s prior written consent prior to providing such information to such Holder, and if any Holder fails to provide such written consent, the Company shall not be deemed to be in breach of any of the Transaction Documents as a result of the failure to provide such information. To the extent that the Company or any of the Guarantors delivers any material, non-public information to a Buyer Holder without such BuyerXxxxxx’s prior written consentconsent in breach of the foregoing sentence, the Company and each Guarantor hereby covenants and agrees that such Buyer Holder shall not have any duty of confidentiality with respect to, or a duty not to trade on the basis of, such material, non-public information, provided that the Buyer Holder shall remain subject to applicable law. Subject to the foregoing, neither the Company, any Guarantor its Subsidiaries nor any Buyer Holder shall issue any press releases or any other public statements with respect to the transactions contemplated hereby; hereby, except the Press Release and the 8-K filing; provided, however, the Company shall be entitled, without the prior approval of any BuyerHolder, to make the Press Release and any press release or other public disclosure with respect to such transactions (i) in substantial conformity with the 8-K Filing and contemporaneously therewith and (ii) as is required by applicable law and regulations (provided that in the case of clause (i)) above, each Buyer Holder shall be consulted by the Company in connection with any such press release or other public disclosure prior to its release). Without the prior written consent of the applicable Buyer Holder (which may be granted or withheld in such BuyerHolder’s sole discretion), the Company and the Guarantors shall not (and shall cause each of their respective its Subsidiaries and affiliates to not) disclose the name of such Buyer Holder in any filing, announcement, release or otherwise, except in the 8-K filing Filing and as otherwise may be required by applicable lawlaw or regulations. Notwithstanding anything contained in this Agreement to the contrary and without implication that the contrary would otherwise be true, the Company and each Guarantor expressly acknowledges and agrees that no Buyer Holder shall have (unless expressly agreed to by a particular Buyer Holder after the date hereof in a written definitive and binding agreement executed by the Company and such particular Buyer Holder (it being understood and agreed that no Buyer Holder may bind any other Buyer Holder with respect thereto)), any duty of confidentiality with respect to, or a duty not to trade on the basis of, any material, non-public information regarding the Company or any of its Subsidiaries.