Material Nonpublic Information. Upon receipt or delivery by the Company of any notice in accordance with the terms of this Warrant, unless the Company has in good faith determined that the matters relating to such notice do not constitute material nonpublic information relating to the Company or its subsidiaries, if requested by Holder, the Company shall within one (1) Trading Day after any such receipt or delivery, publicly disclose such material nonpublic information in a Current Report on Form 8-K or otherwise. Without derogating from the immediately previous sentence, in the event that the Company believes that any notice delivered to the Holder contains material nonpublic information relating to the Company, the Company shall so indicate to the Holder prior to the delivery of such notice, and such indication shall provide the Holder the means to refuse to receive such notice; and in the absence of any such indication, the Holder shall be allowed to presume that all matters relating to such notice do not constitute material, nonpublic information relating to the Company.
Appears in 4 contracts
Samples: Second Lien Credit and Guaranty Agreement (Lannett Co Inc), Exchange Agreement (Lannett Co Inc), Exchange Agreement (Lannett Co Inc)
Material Nonpublic Information. Upon receipt or delivery by the Company of any notice in accordance with the terms of this Warrant, unless the Company has in good faith determined that the matters relating to such notice do not constitute material material, nonpublic information relating to the Company or its subsidiariessecurities, if requested by Holder, the Company shall within one three (13) Trading Day Days after any such receipt or delivery, publicly disclose such material material, nonpublic information in a Current Report on Form 8-K or otherwise. Without derogating from the immediately previous sentence, in In the event that the Company believes that any a notice delivered to the Holder contains material material, nonpublic information relating to the Company, the Company shall so indicate to the Holder prior to the contemporaneously with delivery of such notice, and such indication shall provide the Holder the means to refuse to receive such noticenotice or communication; and and, in the absence of any such indication, the Holder shall be allowed to presume that all matters relating to such notice do not constitute material, nonpublic information relating to the Company.
Appears in 3 contracts
Samples: Warrant Agreement (Melinta Therapeutics, Inc. /New/), Warrant Agreement (Melinta Therapeutics, Inc. /New/), Warrant Agreement (Melinta Therapeutics, Inc. /New/)
Material Nonpublic Information. Upon receipt or delivery by the Company of any notice in accordance with the terms of this Warrant, unless the Company has in good faith determined that the matters relating to such notice do not constitute material material, nonpublic information relating to the Company or its subsidiariessecurities, if requested by Holder, the Company shall within one four (14) Trading Day Days after any such receipt or delivery, publicly disclose such material material, nonpublic information in a Current Report on Form 8-K or otherwise. Without derogating from the immediately previous sentence, in In the event that the Company believes that any a notice delivered to the Holder contains material material, nonpublic information relating to the Company, the Company shall so indicate to the Holder prior to the contemporaneously with delivery of such notice, and such indication shall provide the Holder the means to refuse to receive such noticenotice or communication; and and, in the absence of any such indication, the Holder shall be allowed to presume that all matters relating to such notice do not constitute material, nonpublic information relating to the Company.
Appears in 1 contract
Samples: Warrant Agreement (Nevro Corp)