Non-Disclosure of Non-Public Information. (a) The Company shall not disclose material non-public information to the Investors, advisors to or representatives of the Investors unless prior to disclosure of such information the Company identifies such information as being non-public information and provides the Investors, such advisors and representatives with the opportunity to accept or refuse to accept such non-public information for review. Other than disclosure of any comment letters received from the SEC staff with respect to the Registration Statement, the Company may, as a condition to disclosing any non-public information hereunder, require the Investors' advisors and representatives to enter into a confidentiality agreement in form and content reasonably satisfactory to the Company and the Investors.
Appears in 19 contracts
Samples: Convertible Debentures and Warrants Purchase Agreement (Detour Media Group Inc), Common Stock and Warrants Purchase Agreement (Focus Enhancements Inc), Common Stock and Warrants Purchase Agreement (Viragen Inc)
Non-Disclosure of Non-Public Information. (a) The From and after the filing of the Registration Statement, the Company shall not disclose material non-public information to the Investors, advisors to or representatives of the Investors unless prior to disclosure of such information the Company identifies such information as being non-public information and provides the Investors, such advisors and representatives with the opportunity to accept or refuse to accept such non-public information for review. Other than disclosure of any comment letters received from the SEC staff with respect to the Registration Statement, the Company may, as a condition to disclosing any non-public information hereunder, require the Investors' advisors and representatives to enter into a confidentiality agreement in form and content reasonably satisfactory to the Company and the Investors.
Appears in 18 contracts
Samples: Registration Rights Agreement (Calypte Biomedical Corp), Registration Rights Agreement (Famous Fixins Inc), Registration Rights Agreement (Famous Fixins Inc)
Non-Disclosure of Non-Public Information. (a) The Company shall not disclose material non-public information to the InvestorsInvestor, advisors to or representatives of the Investors Investor unless prior to disclosure of such information the Company identifies such information as being non-public information and provides the InvestorsInvestor, such advisors and representatives with the opportunity to accept or refuse to accept such non-public information for review. Other than disclosure of any comment letters received from the SEC staff with respect to the Registration Statement, the Company may, as a condition to disclosing any non-public information hereunder, require the Investors' Investor's advisors and representatives to enter into a confidentiality agreement in form and content reasonably satisfactory to the Company and the InvestorsInvestor.
Appears in 6 contracts
Samples: Preferred Stock Purchase Agreement (Integrated Surgical Systems Inc), Preferred Stock Purchase Agreement (Integrated Surgical Systems Inc), Preferred Stock Purchase Agreement (Integrated Surgical Systems Inc)
Non-Disclosure of Non-Public Information. (a) The Company shall not further disclose material non-public information to the InvestorsInvestor, advisors to or representatives of the Investors Investor unless prior to disclosure of such information the Company identifies such information as being non-public information and provides the InvestorsInvestor, such advisors and representatives with the opportunity to accept or refuse to accept such non-public information for review. Other than disclosure of any comment letters received from the SEC staff with respect to the Registration Statement, the Company may, as a condition to disclosing any non-public information hereunder, require the Investors' Investor’ advisors and representatives to enter into a confidentiality agreement in form and content reasonably satisfactory to the Company and the InvestorsInvestor. With respect to material non-public information disclosed to Investor prior to Closing under Confidentiality Agreement, Investor shall remain bound by the terms of that Confidentiality Agreement.
Appears in 4 contracts
Samples: Securities Purchase Agreement (BioMETRX), Securities Purchase Agreement (BioMETRX), Securities Purchase Agreement (Accident Prevention Plus Inc)
Non-Disclosure of Non-Public Information. (a) The Company shall not disclose material non-public information to the Investors, advisors to or representatives of the Investors unless prior to disclosure of such information the Company identifies such information as being non-public information and provides the Investors, such advisors and representatives with the opportunity to accept or refuse to accept such non-public information for review. Other than disclosure of any comment letters received from the SEC staff with respect to the Registration Statement, the Company may, as a condition to disclosing any non-public information hereunder, require the Investors' advisors and representatives to enter into a confidentiality agreement in form and content reasonably satisfactory to the Company and the Investors.
Appears in 4 contracts
Samples: Debenture and Warrant Purchase Agreement (Imsco Inc /Ma/), Convertible Preferred Stock and Warrant Purchase Agreement (Pen Interconnect Inc), Escrow Agreement (Professional Transportation Group LTD Inc)
Non-Disclosure of Non-Public Information. (a) The Company shall not disclose material non-public information to the InvestorsInvestor, advisors to or representatives of the Investors Investor unless prior to disclosure of such information the Company identifies such information as being non-public information and provides the InvestorsInvestor, such advisors and representatives with the opportunity to accept or refuse to accept such non-public information for review. Other than disclosure of any comment letters received from the SEC staff with respect to the Registration Statement, the Company may, as a condition to disclosing any non-public information hereunder, require the Investors' Investor's advisors and representatives to enter into a confidentiality agreement in form and content reasonably satisfactory to the Company and the InvestorsInvestor.
Appears in 4 contracts
Samples: Shares and Warrant Purchase Agreement (Hawaiian Natural Water Co Inc), Purchase Agreement (Teleservices International Group Inc), Debenture and Warrant Purchase Agreement (Brilliant Digital Entertainment Inc)
Non-Disclosure of Non-Public Information. (a) The Company shall not disclose material non-public information it believes to be material to the Investors, advisors to or representatives of the Investors unless prior to disclosure of such information the Company identifies such information as being non-public information and provides the Investors, such advisors and representatives with the opportunity to accept or refuse to accept such non-public information for review. Other than disclosure of any comment letters received from the SEC staff with respect to the Registration Statement, the Company may, as a condition to disclosing any non-public information hereunder, require the Investors' advisors and representatives to enter into a confidentiality agreement in form and content reasonably satisfactory to the Company and the Investors.
Appears in 3 contracts
Samples: Exchangeable Preferred Stock and Warrants Purchase Agreement (Nam Corp), Exchangeable Preferred Stock and Warrants Purchase Agreement (Dental Medical Diagnostic Systems Inc), Escrow Agreement (Dental Medical Diagnostic Systems Inc)
Non-Disclosure of Non-Public Information. (a) The Company shall not disclose material non-public information to the InvestorsLenders, advisors to or representatives of the Investors Lenders unless prior to disclosure of such information the Company identifies such information as being non-public information and provides the InvestorsLenders, such advisors and representatives with the opportunity to accept or refuse to accept such non-public information for review. Other than disclosure of any comment letters received from the SEC staff with respect to the Registration Statement, the Company may, as a condition to disclosing any non-public information hereunder, require the InvestorsLenders' advisors and representatives to enter into a confidentiality agreement in form and content reasonably satisfactory to the Company and the InvestorsLenders.
Appears in 3 contracts
Samples: Loan Agreement (Pawnbroker Com Inc), Loan Agreement (Avanir Pharmaceuticals), Loan Agreement (McGlen Internet Group Inc)
Non-Disclosure of Non-Public Information. (a) The Company shall not disclose material non-public information to the InvestorsInvestor which it deems shall not have a Material Adverse Effect on the transactions contemplated herein, advisors to or representatives of the Investors Investor unless prior to disclosure of such information the Company identifies such information as being non-public information and provides the InvestorsInvestor, such advisors and representatives with the opportunity to accept or refuse to accept such non-public information for review. Other than disclosure of any comment letters received from the SEC staff with respect to the Registration Statement, the The Company may, as a condition to disclosing any non-public information hereunder, require the Investors' Investor's advisors and representatives to enter into a confidentiality agreement in form and content reasonably satisfactory to the Company and the InvestorsInvestor.
Appears in 3 contracts
Samples: Credit Agreement (Neomedia Technologies Inc), Credit Agreement (Neomedia Technologies Inc), Credit Agreement (Neomedia Technologies Inc)
Non-Disclosure of Non-Public Information. (a) The Company shall not disclose material non-public information to the InvestorsInvestor, advisors to or representatives of the Investors Investor unless prior to disclosure of such information the Company identifies such information as being non-non- public information and provides the InvestorsInvestor, such advisors and representatives with the opportunity to accept or refuse to accept such non-public information for review. Other than disclosure of any comment letters received from the SEC staff with respect to the Registration Statement, the Company may, as a condition to disclosing any non-public information hereunder, require the Investors' Investor's advisors and representatives to enter into a confidentiality agreement in form and content reasonably satisfactory to the Company and the InvestorsInvestor.
Appears in 2 contracts
Samples: Debenture and Warrant Purchase Agreement (Brilliant Digital Entertainment Inc), Debenture and Warrant Purchase Agreement (Brilliant Digital Entertainment Inc)
Non-Disclosure of Non-Public Information. (a) The Company shall not disclose material non-public information to the InvestorsInvestor, advisors to or representatives of the Investors Investor unless prior to disclosure of such information the Company identifies such information as being non-public information and provides the InvestorsInvestor, such advisors and representatives with the opportunity to accept or refuse to accept such non-public information for review. Other than disclosure of any comment letters received from the SEC staff with respect to the Registration Statement, the Company may, as a condition to disclosing any non-public information hereunder, require the Investors' Investor's advisors and representatives to enter into a confidentiality agreement in form and content reasonably satisfactory to the Company and the InvestorsInvestor.
Appears in 2 contracts
Samples: Common Stock and Warrants Purchase Agreement (Netlojix Communications Inc), Convertible Preferred Stock and Warrants Purchase Agreement (Sedona Corp)
Non-Disclosure of Non-Public Information. (a) The Company shall not disclose material non-public information to the InvestorsInvestor, advisors to or representatives of the Investors Investor unless prior to disclosure of such information the Company identifies such information as being non-public information and provides the Investors, such advisors and representatives with the opportunity to accept or refuse to accept such non-public information for review. Other than disclosure of any comment letters received from the SEC staff with respect to the Registration Statement, and as required by Section 6.3, the Company may, as a condition to disclosing any non-public information hereunder, require the Investors' advisors and representatives to enter into a confidentiality agreement in form and content reasonably satisfactory to the Company and the Investors.
Appears in 2 contracts
Samples: Common Stock and Warrant Purchase Agreement (XML Global Technologies Inc), Common Stock and Warrant Purchase Agreement (XML Global Technologies Inc)
Non-Disclosure of Non-Public Information. (a) The Company shall not disclose material non-public information to the InvestorsInvestor, advisors to or representatives of the Investors Investor unless prior to disclosure of such information the Company identifies such information as being non-public information and provides the Investors, such advisors and representatives with the opportunity to accept or refuse to accept such non-public information for review. Other than disclosure of any comment letters received from the SEC staff with respect to the Registration Statement, the Company may, as a condition to disclosing any non-public information hereunder, require the Investors' advisors and representatives to enter into a confidentiality agreement in form and content reasonably satisfactory to the Company and the Investors.
Appears in 1 contract
Non-Disclosure of Non-Public Information. (a) The Company shall not disclose material non-public information information, and nothing herein shall require the Company to disclose non-public information, to the InvestorsDesignated Representative, or its advisors to or representatives of the Investors representatives, unless prior to disclosure of such information the Company identifies such information as being non-public information and provides the InvestorsDesignated Representative, such or its advisors and representatives representatives, with the opportunity to accept or refuse to accept such non-public information for review. Other than disclosure of any comment letters received from the SEC staff with respect to the Registration Statement, the The Company may, as a condition to disclosing any non-public information hereunder, require the Investors' Designated Representative and its advisors and representatives to enter into a confidentiality agreement in form and content reasonably satisfactory to the Company and the InvestorsDesignated Representative.
Appears in 1 contract
Samples: Securities Purchase Agreement (Solomon Technologies Inc)
Non-Disclosure of Non-Public Information. (a) The Company shall not further disclose material non-public information to the InvestorsInvestor, advisors to or representatives of the Investors Investor unless prior to disclosure of such information the Company identifies such information as being non-public information and provides the InvestorsInvestor, such advisors and representatives with the opportunity to accept or refuse to accept such non-public information for review. Other than disclosure of any comment letters received from the SEC staff with respect to the Registration Statementany SEC Document, the Company may, as a condition to disclosing any material non-public information hereunder, require the Investors' Investor’ advisors and representatives to enter into a confidentiality agreement in form and content reasonably satisfactory to the Company and the InvestorsInvestor.
Appears in 1 contract
Non-Disclosure of Non-Public Information. (a) The Company shall not disclose material non-public information to the Investors, advisors to or representatives of the Investors (including, without limitation, in connection with the giving of the Adjustment Period Notice pursuant to Section 2.4) unless prior to disclosure of such information the Company identifies such information as being non-public information and provides the Investors, such advisors and representatives with the opportunity to accept or refuse to accept such non-public information for review. Other than disclosure of any comment letters received from the SEC staff with respect to the Registration Statement, the The Company may, as a condition to disclosing any non-public information hereunder, require the Investors' Investor's advisors and representatives to enter into a confidentiality agreement in form and content reasonably satisfactory to the Company and the Investors.
Appears in 1 contract
Samples: Credit Agreement (Imaging Diagnostic Systems Inc /Fl/)
Non-Disclosure of Non-Public Information. (a) The Company shall not disclose material non-public information to the Investors, advisors to or representatives of the Investors unless prior to disclosure of such information the Company identifies such information as being non-public information and provides the Investors, such advisors and representatives with the opportunity to accept or refuse to accept such non-non- public information for review. Other than disclosure of any comment letters received from the SEC staff with respect to the Registration Statement, the Company may, as a condition to disclosing any non-public information hereunder, require the Investors' advisors and representatives to enter into a confidentiality agreement in form and content reasonably satisfactory to the Company and the Investors.
Appears in 1 contract
Non-Disclosure of Non-Public Information. (a) The Company covenants and agrees that it shall not disclose refrain from disclosing, and shall cause its officers, directors, employees and agents to refrain from disclosing, any material non-public information to the InvestorsInvestor without also disseminating such information to the public, advisors to or representatives of the Investors unless prior to disclosure of such information the Company identifies such information as being material non-public information and provides the Investors, such advisors and representatives Investor with the opportunity to accept or refuse to accept such material non-public information for review. Other than disclosure of any comment letters received from the SEC staff with respect to the Registration Statement, the The Company may, as a condition to disclosing any non-public information hereunder, require the Investors' Investor’s advisors and representatives to enter into a confidentiality agreement in form and content reasonably satisfactory to the Company and the Investorsagreement.
Appears in 1 contract
Non-Disclosure of Non-Public Information. (a) The Company has not disclosed, and hereafter shall not disclose material non-public information to the Investors, advisors to to, or representatives of of, the Investors unless prior to disclosure of such information the Company identifies such information as being non-public information and provides the Investorseach Investor, such and its advisors and representatives with the opportunity to accept or refuse to accept such non-public information for review. Other than disclosure of any comment letters received from the SEC staff with respect to the Registration Statement, the The Company may, as a condition to disclosing any non-public information hereunder, require each of the Investors' Investors advisors and representatives to enter into a confidentiality agreement in form and content reasonably satisfactory to the Company and the Investors.
Appears in 1 contract
Non-Disclosure of Non-Public Information. (a) The Company shall not further disclose material non-public information to the InvestorsInvestor, advisors to or representatives of the Investors Investor unless prior to disclosure of such information the Company identifies such information as being non-public information and provides the InvestorsInvestor, such advisors and representatives with the opportunity to accept or refuse to accept such non-public information for review. Other than disclosure of any comment letters received from the SEC staff with respect to the Registration Statement, the Company may, as a condition to disclosing any non-public information hereunder, require the InvestorsInvestor' advisors and representatives to enter into a confidentiality agreement in form and content reasonably satisfactory to the Company and the InvestorsInvestor. With respect to material non-public information disclosed to Investor prior to Closing under Confidentiality Agreement, Investor shall remain bound by the terms of that Confidentiality Agreement.
Appears in 1 contract
Non-Disclosure of Non-Public Information. (a) The Company shall not disclose material non-public information to the Investors, advisors to or representatives of the Investors unless prior to disclosure of such information the Company identifies such information as being non-public information and provides the Investors, such advisors and representatives with the opportunity to accept or refuse to accept such non-public information for review. Other than disclosure of a portion of any comment letters received from the SEC staff with respect to the Registration StatementStatement that pertain specifically to this transaction or the selling shareholders and their plan of distribution, the Company may, as a condition to disclosing any non-public information hereunder, require the Investors' advisors and representatives to enter into a confidentiality agreement in form and content reasonably satisfactory to the Company and the Investors.
Appears in 1 contract
Samples: Debentures and Warrants Purchase Agreement (Acres Gaming Inc)
Non-Disclosure of Non-Public Information. (a) The Company shall not disclose material non-public information to the Investors, advisors to or representatives of the Investors unless prior to disclosure of such information the Company identifies such information as being non-public information and provides the Investors, such advisors and representatives with the opportunity to accept or refuse to accept such non-public information for review. Other than disclosure of any comment letters received from the SEC staff with respect to the Registration Statement, the Company may, as a condition to disclosing any non-public information hereunder, require the Investors' advisors and representatives to enter into a confidentiality agreement in form and content reasonably satisfactory to the Company and the Investors.
Appears in 1 contract
Samples: Warrants Purchase Agreement (Detour Media Group Inc)
Non-Disclosure of Non-Public Information. (a) The Company shall not disclose material non-public information to the InvestorsInvestor, advisors to or representatives of the Investors Investor unless prior to disclosure of such information the Company identifies such information as being non-public information and provides the Investors, such advisors and representatives with the opportunity to accept or refuse to accept such non-non- public information for review. Other than disclosure of any comment letters received from the SEC staff with respect to the Registration Statement, and as required by Section 6.3, the Company may, as a condition to disclosing any non-non- public information hereunder, require the Investors' advisors and representatives to enter into a confidentiality agreement in form and content reasonably satisfactory to the Company and the Investors.. '
Appears in 1 contract
Samples: Convertible Preferred Stock and Warrant Purchase Agreement (Skylynx Communications Inc)
Non-Disclosure of Non-Public Information. (a) The Company shall not disclose material non-public information to the InvestorsLenders, advisors to or representatives of the Investors Lenders unless prior to disclosure of such information the Company identifies such information as being non-public information and provides the InvestorsLenders, such advisors and representatives with the opportunity to accept or refuse to accept such non-non- public information for review. Other than disclosure of any comment letters received from the SEC staff with respect to the Registration Statement, the Company may, as a condition to disclosing any non-public information hereunder, require the InvestorsLenders' advisors and representatives to enter into a confidentiality agreement in form and content reasonably satisfactory to the Company and the InvestorsLenders.
Appears in 1 contract
Samples: Loan Agreement (Inchorus Com)
Non-Disclosure of Non-Public Information. (a) The Company shall not disclose material non-public information to the Investors, advisors to or representatives of the Investors unless prior to disclosure of such information the Company identifies such information as being non-public information and provides the Investors, such advisors and representatives with the opportunity to accept or refuse to accept such non-public information for review. Other than disclosure of any comment letters received from the SEC staff with respect to the Registration Statement, the Company may, as a condition to disclosing any non-public information hereunder, require the Investors' Investor's advisors and representatives to enter into a confidentiality agreement in form and content reasonably satisfactory to the Company and the Investors.
Appears in 1 contract