Common use of Non-Disclosure Agreements Clause in Contracts

Non-Disclosure Agreements. Promptly following the Closing, Seller shall and shall cause its Affiliates to use commercially reasonable efforts to cause all counterparties to nondisclosure agreements pertaining to an acquisition of the Business to return or destroy all confidential information of the Business provided by Seller or any Affiliate of Seller thereunder. In the event either Purchaser or Seller (or any of their respective Affiliates) becomes aware of noncompliance by any such counterparty, then the Party learning of such noncompliance shall notify the other Party and, thereafter, upon written request from Purchaser, Seller or such Affiliate shall assign to Purchaser or an Affiliate of Purchaser all rights to enforce such nondisclosure agreements, or if such rights are not assignable, shall enforce such rights on behalf of Purchaser or Purchaser’s Affiliate (at the expense of Purchaser or such Affiliate).

Non-Disclosure Agreements. Promptly following the Closing, Seller shall and shall cause its Affiliates to use commercially reasonable efforts to cause all counterparties to nondisclosure agreements pertaining to an acquisition of the Business to return or destroy all confidential information of the Business provided by Seller or any Affiliate of Seller thereunder. In the event either Purchaser or Seller (or any of their respective Affiliates) becomes become aware of noncompliance by any such counterparty, then the Party learning of such noncompliance non-compliance shall notify the other Party and, and thereafter, upon written request from Purchaser, Seller or such Affiliate shall assign to Purchaser or an Affiliate of Purchaser all rights to enforce such nondisclosure agreements, or if such rights are not assignable, shall enforce such rights on behalf of Purchaser or Purchaser’s Affiliate (at the expense of Purchaser or such Affiliate).

Non-Disclosure Agreements. Promptly following the Closing, Seller shall and shall cause its Affiliates to use commercially reasonable efforts to cause all counterparties to nondisclosure agreements pertaining to an acquisition of the Business to return or destroy all confidential information of the Business provided by Seller or any Affiliate of Seller thereunder. In the event either Purchaser or Seller (or any of their respective Affiliates) becomes become aware of noncompliance by any such counterparty, then the Party learning of such noncompliance non-compliance shall notify the other Party and, and thereafter, upon written request from Purchaser, Seller or such Affiliate shall assign to Purchaser or an Affiliate of Purchaser all rights to enforce such nondisclosure agreements, or if such rights are not assignable, shall enforce such rights on behalf of Purchaser or Purchaser’s Affiliate (at the expense of Purchaser or such Affiliate).. 4 Note to Draft: Applicable only in the event Purchaser elects to acquire shares of Avanex Communication Technologies Co.