Common use of Material Nonpublic Information Clause in Contracts

Material Nonpublic Information. Except as required by law or pursuant to an effective confidentiality agreement between the Company and a Purchaser, the Company and its directors, officers, employees and agents shall not provide any such Purchaser with any material non-public information regarding the Company or any of the Subsidiaries at any time after the Closing, except such information as may be required to be disclosed to certain Board members, who are affiliated with certain Purchasers, in their capacity as directors of the Company. In the event of a breach of the foregoing covenant following the Mandatory Effective Date, or in the event that Company is legally required to make certain disclosures to any Purchaser (and does so) following the Mandatory Effective Date, then in addition to any other remedy provided in the Transaction Documents or in equity or at law, each Purchaser to whom information has been disclosed (whether as a result of breach or as required by law) may request, in writing, that the Company promptly (but in no event more than five (5) business days after the date of such writing) publicly disclose, by press release, SEC filing, or otherwise, an appropriate summary of the information that, in such Purchaser’s reasonable judgment, constitutes the then material non-public information. After such five (5) business-day period, the Purchaser(s) who was or were in receipt of such material non-public information shall be automatically authorized to make all of the information, or any portion thereof, available to the public generally, without incurring any liability to the Company for such disclosure.

Material Nonpublic Information. Except as required by law or pursuant to an effective confidentiality agreement between the Company and a Purchaser, the Company and its directors, officers, employees and agents shall not provide any such Purchaser with any material non-public nonpublic information regarding the Company or any of the Subsidiaries at any time after the Closing, except such information as may be required to be disclosed to certain Board members, members who are affiliated with certain Purchasers, Purchasers in their capacity as directors of the Company. In the event of a breach of the foregoing covenant following the Mandatory Effective Date, or in the event that the Company is legally required to make certain disclosures to any Purchaser (and does so) following the Mandatory Effective Date, then in addition to any other remedy provided in the Transaction Documents or in equity or at law, each Purchaser to whom information has been disclosed (whether as a result of breach or as required by law) may request, in writing, that the Company promptly (but in no event more than five (5) business days Business Days after the date of such writing) publicly disclose, by press release, SEC filing, or otherwise, an appropriate summary of the information that, in such Purchaser’s reasonable judgment, constitutes the then material non-public information. After such five (5) business-day period, the Purchaser(s) who was or were in receipt of such material non-public information shall be automatically authorized to make all of the information, or any portion thereof, available to the public generally, without incurring any liability to the Company for such disclosure.