Common use of Made Available Clause in Contracts

Made Available. Any statement in the Agreement to the effect that any information, document or other material has been “Made Available” shall mean that: (a) with respect to information, document or other material Made Available by the Company: (i) such information, document or material was made available by the Company for review by Parent or Parent’s Representatives for a reasonable period of time prior to the execution of the Agreement in the virtual data room maintained by the Company with Xxxxxxx Data Site in connection with the transactions contemplated by the Agreement (it being understood that a document that was only made available for review in the virtual data room in the two days prior to the execution of the Agreement shall only be deemed to have been made available for a reasonable period of time if the Company shall have promptly notified Parent or its outside legal counsel in writing that such document was uploaded into the virtual data room); and (ii) Parent and Parent’s Representatives had access to such information, document or material throughout such period of time; and (b) with respect to information, document or other material Made Available by Parent: (i) such information, document or material was made available by Parent for review by the Company or the Company’s Representatives for a reasonable period of time prior to the execution of the Agreement in the virtual data room maintained by Parent with XX Xxxxxxxxx in connection with the transactions contemplated by the Agreement (it being understood that a document that was only made available for review in the virtual data room in the two days prior to the execution of the Agreement shall only be deemed to have been made available for a reasonable period of time if Parent shall have promptly notified the Company or its outside legal counsel in writing that such document was uploaded into the virtual data room); and (ii) the Company and the Company’s Representatives had access to such information, document or material throughout such period of time.

Made Available. Any statement in the Agreement to the effect that any information, document or other material has been “"Made Available” " shall mean that: (a) with respect to information, document or other material Made Available by to which the CompanyCompany has given Parent access: (i) such information, document or material was made available by the Company for review by Parent or Parent’s 's Representatives for a reasonable period of time prior to the execution of the Agreement in the virtual data room maintained by the Company with Xxxxxxx the Intralinks Data Site in connection with the transactions contemplated by the Agreement (it being understood that a document that was only made available for review in the virtual data room in the two days prior to the execution of the Agreement shall only be deemed to have been made available for a reasonable period of time if the Company shall have promptly notified Parent or its outside legal counsel in writing that such document was uploaded into the virtual data room); and (ii) Parent and Parent’s 's Representatives had access to such information, document or material throughout such period of time; and (b) with respect to information, document or other material Made Available by Parentto which Parent has given the Company access: (i) such information, document or material was made available by Parent for review by the Company or the Company’s 's Representatives for a reasonable period of time prior to the execution of the Agreement in the virtual data room maintained by Parent with XX Xxxxxxxxx Data Site from Xxxxxxx Corporation in connection with the transactions contemplated by the Agreement (it being understood that a document that was only made available for review in the virtual data room in the two days prior to the execution of the Agreement shall only be deemed to have been made available for a reasonable period of time if Parent shall have promptly notified the Company or its outside legal counsel in writing that such document was uploaded into the virtual data room); and (ii) the Company and the Company’s 's Representatives had access to such information, document or material throughout such period of timetime or (c) that such information was filed by the Company or Parent, as applicable, with the SEC on or after January 1, 2010 and was, as of the date of this Agreement, publicly available on the SEC's XXXXX database. As used in this definition of "Made Available", the term "file" and variations thereof shall be broadly construed to include any manner in which a document or information is filed, furnished, submitted, supplied or otherwise made available to the SEC or any member of its staff. Materials of Environmental Concern. "Materials of Environmental Concern" include chemicals, pollutants, contaminants, wastes, toxic substances, petroleum and petroleum products and any other substance that is now or hereafter regulated by any Environmental Law or that is otherwise a danger to health, reproduction or the environment.

Made Available. Any statement in the Agreement to the effect that any information, document or other material has been “Made Available” shall mean that: (a) with respect to information, document or other material Made Available by the Company: (i) (A) such information, document or material was made available by the Company for review by Parent or Parent’s Representatives for a reasonable period of time prior to the execution of the Agreement in the virtual data room maintained by the Company with Xxxxxxx Data Site IntraLinks in connection with the transactions Contemplated Transactions contemplated by the Agreement (it being understood that a document that was only made available for review in the virtual data room in the two days prior to the execution of the Agreement shall only be deemed to have been made available for a reasonable period of time if the Company shall have promptly notified Parent or its outside legal counsel in writing that such document was uploaded into the virtual data room); and (iiB) Parent and Parent’s Representatives had access to such information, document or material throughout such the entire period of timetime such information, document or other material was in such virtual data room; or (ii) such information, document or material was made available by the Company for review by selected Representatives of Parent for a reasonable period of time prior to the execution of the Agreement in a physical data room maintained by the Company at the offices of Xxxxxx Xxxxxxx Xxxxxxxx & Xxxxxx in 650 Page Mill Road in Palo Alto, California in connection with the Contemplated Transactions (it being understood that a document that was only made available for review in the physical data room in the two days prior to the execution of the Agreement shall only be deemed to have been made available for a reasonable period of time if the Company shall have promptly notified Parent or its outside legal counsel that such document was added to the physical data room); and (b) with respect to information, document or other material Made Available by Parent: (i) (A) such information, document or material was made available by Parent for review by the Company or the Company’s Representatives for a reasonable period of time prior to the execution of the Agreement in the virtual data room maintained by Parent with XX Xxxxxxxxx Xxxxxxx DataSite in connection with the transactions contemplated by the Agreement Contemplated Transactions (it being understood that a document that was only made available for review in the virtual data room in the two days prior to the execution of the Agreement shall only be deemed to have been made available for a reasonable period of time if Parent shall have promptly notified the Company or its outside legal counsel in writing that such document was uploaded into the virtual data room); and (iiB) the Company and the Company’s Representatives had access to such information, document or material throughout such the entire period of timetime such information, document or other material was in such virtual data room; or (ii) such information, document or material was made available by Parent for review by selected Representatives of the Company for a reasonable period of time prior to the execution of the Agreement in a physical data room maintained by Parent at the Parent’s offices in 0000 Xxxxxxxx Xxx., Xxx Xxxx, Xxxxxxxxxx in connection with the Contemplated Transactions (it being understood that a document that was only made available for review in the physical data room in the two days prior to the execution of the Agreement shall only be deemed to have been made available for a reasonable period of time if Parent shall have promptly notified the Company or its outside legal counsel that such document was added to the physical data room).

Made Available. Any statement in the Agreement to the effect that any information, document or other material has been “Made Available” shall mean that: (a) with respect to information, document or other material Made Available by to which the CompanyCompany has given Parent access: (i) such information, document or material was made available by the Company for review by Parent or Parent’s Representatives for a reasonable period of time prior to the execution of the Agreement in the virtual data room maintained by the Company with Xxxxxxx Data Site Corporation in connection with the transactions contemplated by the Agreement (it being understood that a document that was only made available for review in the virtual data room in the two days prior to the execution of the Agreement shall only be deemed to have been made available for a reasonable period of time if the Company shall have promptly notified Parent or its outside legal counsel in writing that such document was uploaded into the virtual data room); and (ii) Parent and Parent’s Representatives had access to such information, document or material throughout such period of time; and (b) with respect to information, document or other material Made Available by Parentto which Parent has given the Company access: either (x) (i) such information, document or material was made available by Parent for review by the Company or the Company’s Representatives for a reasonable period of time prior to the execution of the Agreement in the virtual data room maintained by Parent with XX Xxxxxxxxx Data Site with Firmex Inc. in connection with the transactions contemplated by the Agreement (it being understood that a document that was only made available for review in the virtual data room in the two days prior to the execution of the Agreement shall only be deemed to have been made available for a reasonable period of time if Parent shall have promptly notified the Company or its outside legal counsel in writing that such document was uploaded into the virtual data room); and (ii) the Company and the Company’s Representatives had access to such information, document or material throughout such period of timetime or (y) that such information was filed by the Parent, with the SEC and Canadian securities regulatory authorities prior to the date of this Agreement and was, as of the date of this Agreement, publicly available on the SEC’s XXXXX database or on SEDAR. As used in this definition of “Made Available”, the term “file” and variations thereof shall be broadly construed to include any manner in which a document or information is filed, furnished, submitted, supplied or otherwise made available to the SEC or Canadian securities regulatory authorities or any member of their respective staff.

Made Available. Any statement in the Agreement to the effect that any information, document or other material has been “Made Available” shall mean that: (a) with respect to information, document or other material Made Available by to which the CompanyCompany has given Parent access: (i) such information, document or material was made available by the Company for review by Parent or Parent’s Representatives for a reasonable period of time prior to the execution of the Agreement in the virtual data room maintained by the Company with Xxxxxxx the Intralinks Data Site in connection with the transactions contemplated by the Agreement (it being understood that a document that was only made available for review in the virtual data room in the two days prior to the execution of the Agreement shall only be deemed to have been made available for a reasonable period of time if the Company shall have promptly notified Parent or its outside legal counsel in writing that such document was uploaded into the virtual data room); and (ii) Parent and Parent’s Representatives had access to such information, document or material throughout such period of time; and (b) with respect to information, document or other material Made Available by Parentto which Parent has given the Company access: (i) such information, document or material was made available by Parent for review by the Company or the Company’s Representatives for a reasonable period of time prior to the execution of the Agreement in the virtual data room maintained by Parent with XX Xxxxxxxxx Venue in connection with the transactions contemplated by the Agreement (it being understood that a document that was only made available for review in the virtual data room in the two days prior to the execution of the Agreement shall only be deemed to have been made available for a reasonable period of time if Parent shall have promptly notified the Company or its outside legal counsel in writing that such document was uploaded into the virtual data room); and (ii) the Company and the Company’s Representatives had access to such information, document or material throughout such period of timetime or (c) that such information was filed by the Company or Parent, as applicable, with the SEC on or after January 1, 2010 and was, as of the date of this Agreement, publicly available on the SEC’s XXXXX database. As used in this definition of “Made Available”, the term “file” and variations thereof shall be broadly construed to include any manner in which a document or information is filed, furnished, submitted, supplied or otherwise made available to the SEC or any member of its staff. Materials of Environmental Concern. “Materials of Environmental Concern” include chemicals, pollutants, contaminants, wastes, toxic substances, petroleum and petroleum products and any other substance that is now or hereafter regulated by any Environmental Law or that is otherwise a danger to health, reproduction or the environment.

Made Available. Any statement in the this Agreement to the effect that any information, document or other material has been “Made Available” shall mean that: (a) with respect to any information, document or other material Made Available by the Companyto which Xxxxxxx has given NetScout or its Representatives access: either (x) (i) such information, document or material was made available by the Company Xxxxxxx for review by Parent NetScout or ParentNetScout’s Representatives for a reasonable period of time at least eighteen hours prior to the execution of this Agreement in the physical data room (a list of such documents and materials have been provided by Xxxxxxx to NetScout outside legal counsel) or the virtual data room maintained by Xxxxxxx on the Data Site from Xxxxxxx Corporation in connection with the transactions contemplated by this Agreement (it being understood that a document that was only made available for review in the physical or virtual data room in the eighteen hours prior to the execution of this Agreement shall only be deemed to have been made available if Xxxxxxx shall have promptly notified and given immediate access to NetScout or its outside legal counsel that such document was provided or uploaded into the physical or virtual data room); and (ii) NetScout or NetScout’s Representatives had access to such information, document or material throughout such period of time or (y) that such information was filed by Xxxxxxx, with the SEC prior to the date of this Agreement and was, as of the date of this Agreement, publicly available on the SEC’s XXXXX Database; and (b) with respect to any information, document or other material to which NetScout has given Xxxxxxx access: either (x) (i) such information, document or material was made available by NetScout for review by Xxxxxxx or Xxxxxxx’x Representatives at least eighteen hours prior to the execution of this Agreement in the virtual data room maintained by the Company NetScout with Xxxxxxx Data Site from Xxxxxxx Corporation in connection with the transactions contemplated by the this Agreement (it being understood that a document that was only made available for review in the virtual data room in the two days eighteen hours prior to the execution of the this Agreement shall only be deemed to have been made available for a reasonable period of time if the Company NetScout shall have promptly notified Parent Xxxxxxx or its outside legal counsel in writing that such document was uploaded into the virtual data room); and (ii) Parent Xxxxxxx and Parent’s Xxxxxxx’x Representatives had access to such information, document or material throughout such period of time; and time or (by) that such information was filed by NetScout, with respect to information, document or other material Made Available by Parent: (i) such information, document or material was made available by Parent for review by the Company or the Company’s Representatives for a reasonable period of time SEC prior to the execution date of this Agreement and was, as of the Agreement date of this Agreement, publicly available on the SEC’s XXXXX database. As used in this definition of “Made Available”, the virtual data room maintained by Parent with XX Xxxxxxxxx term “file” and variations thereof shall be construed to include any manner in connection with the transactions contemplated by the Agreement (it being understood that which a document that was only or information is filed, furnished, submitted, supplied or otherwise made available for review in the virtual data room in the two days prior to the execution SEC or any member of the Agreement shall only be deemed to have been made available for a reasonable period of time if Parent shall have promptly notified the Company or its outside legal counsel in writing that such document was uploaded into the virtual data room); and (ii) the Company and the Company’s Representatives had access to such information, document or material throughout such period of timestaff.