Common use of Non-Disclosure of Non-Public Information Clause in Contracts

Non-Disclosure of Non-Public Information. The Company covenants and agrees that, other than as expressly required by Section 6.08 hereof or, with the Investor’s consent pursuant to Section 6.01(c) and 6.13, it shall refrain from disclosing, and shall cause its officers, directors, employees and agents to refrain from disclosing, any material non-public information (as determined under the Securities Act, the Exchange Act, or the rules and regulations of the SEC) to the Investor without also disseminating such information to the public, unless prior to disclosure of such information the Company identifies such information as being material non-public information and provides the Investor with the opportunity to accept or refuse to accept such material non-public information for review. Unless specifically agreed to in writing, in no event shall the Investor have a duty of confidentially, or be deemed to have agreed to maintain information in confidence, with respect to the delivery of any Advance Notices.

Appears in 5 contracts

Samples: Purchase Agreement (Ault Alliance, Inc.), Purchase Agreement (BitNile Metaverse, Inc.), Purchase Agreement (Bloomios, Inc.)

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Non-Disclosure of Non-Public Information. The Company covenants and agrees that, other than as expressly required by Section 6.08 hereof or, with the Investor’s consent pursuant to Section 6.01(c) and 6.13, that it shall refrain from disclosing, and shall cause its officers, directors, employees and agents to refrain from disclosing, any material non-public information (as determined under either (a) the Securities Regulations or (b) the Securities Act, the Exchange Act, or the rules and regulations of the SEC) to the Investor without also disseminating such information to the public, unless prior to disclosure of such information the Company identifies such information as being material non-public information and provides the Investor with the opportunity to accept or refuse to accept such material non-public information for review. Unless specifically agreed Investor acknowledges that any drafts of Registration Statements furnished to in writingthe Investor pursuant to the provisions of Section 6.01(c) may include material, in non-public information. In no event shall the Investor have a duty of confidentially, or be deemed to have agreed to maintain information in confidence, with respect to (i) any information disclosed in violation of this provision or (ii) the delivery of any Advance Notices.

Appears in 4 contracts

Samples: Standby Equity Distribution Agreement (Bos Better Online Solutions LTD), Standby Equity Distribution Agreement (Bos Better Online Solutions LTD), Standby Equity Distribution Agreement (Bos Better Online Solutions LTD)

Non-Disclosure of Non-Public Information. The Company covenants and agrees that, other than as expressly required by Section 6.08 and Section 6.22 hereof or, with the Investor’s consent pursuant to Section 6.01(c) and 6.13, it shall refrain from disclosing, and shall cause its officers, directors, employees and agents to refrain from disclosing, any material non-public information (as determined under the Securities Act, the Exchange Act, or the rules and regulations of the SEC) to the Investor without also disseminating such information to the public, unless prior to disclosure of such information the Company identifies such information as being material non-public information and provides the Investor with the opportunity to accept or refuse to accept such material non-public information for review. Unless specifically agreed to in writing, in no event shall the Investor have a duty of confidentiallyconfidentiality, or be deemed to have agreed to maintain information in confidence, with respect to the delivery of any Advance Notices.

Appears in 3 contracts

Samples: Purchase Agreement (Australian Oilseeds Holdings LTD), Purchase Agreement (iCoreConnect Inc.), Purchase Agreement (Prime Number Acquisition I Corp.)

Non-Disclosure of Non-Public Information. The Company covenants and agrees that, other than as expressly required by Section 6.08 hereof hereof, or, with the Investor’s consent pursuant to Section 6.01(c6.01(d) and 6.13Section 6.12, it shall refrain from disclosing, and shall cause its officers, directors, employees and agents to refrain from disclosing, any material non-public information (as determined under the Securities Act, the Exchange Act, or the rules and regulations of the SEC) to the Investor without also disseminating such information to the public, unless prior to disclosure of such information the Company identifies such information as being material non-public information and provides the Investor with the opportunity to accept or refuse to accept such material non-public information for review. Unless specifically agreed to in writing, in no event shall the Investor have a duty of confidentiallyconfidentiality, or be deemed to have agreed to maintain information in confidence, with respect to the delivery of any Advance Notices.

Appears in 2 contracts

Samples: Structured Equity Financing Agreement (Society Pass Incorporated.), Standby Equity Purchase Agreement (KULR Technology Group, Inc.)

Non-Disclosure of Non-Public Information. The Company covenants and agrees that, other than as expressly required by Section 6.08 hereof 6.06 hereof, or, with the Investor’s consent pursuant to Section 6.01(c) and 6.13Section 6.9, it shall refrain from disclosing, and shall cause its officers, directors, employees and agents to refrain from disclosing, any material non-public information (as determined under the Securities Act, the Exchange Act, or the rules and regulations of the SEC) to the Investor without also disseminating such information to the public, unless prior to disclosure of such information the Company identifies such information as being material non-public information and provides the Investor with the opportunity to accept or refuse to accept such material non-public information for review. Unless specifically agreed to in writing, in no event shall the Investor have a duty of confidentiallyconfidentiality, or be deemed to have agreed to maintain information in confidence, with respect to the delivery of any Advance Notices.

Appears in 2 contracts

Samples: Standby Equity Purchase Agreement (Taoping Inc.), Standby Equity Purchase Agreement (Taoping Inc.)

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Non-Disclosure of Non-Public Information. The Company covenants and agrees that, other than as expressly required by Section 6.08 hereof hereof, or, with the Investor’s consent pursuant to Section 6.01(c) and Section 6.13, it shall refrain from disclosing, and shall cause its officers, directors, employees and agents to refrain from disclosing, any material non-public information (as determined under the Securities Act, the Exchange Act, or the rules and regulations of the SEC) to the Investor without also disseminating such information to the public, unless prior to disclosure of such information the Company identifies such information as being material non-public information and provides the Investor with the opportunity to accept or refuse to accept such material non-public information for review. Unless specifically agreed to in writing, in no event shall the Investor have a duty of confidentiallyconfidentiality, or be deemed to have agreed to maintain information in confidence, with respect to the delivery of any Advance Notices.

Appears in 2 contracts

Samples: Standby Equity Purchase Agreement (Biote Corp.), Standby Equity Purchase Agreement (Eos Energy Enterprises, Inc.)

Non-Disclosure of Non-Public Information. The Company covenants and agrees that, other than as expressly required by Section 6.08 hereof hereof, or, with the Investor’s consent pursuant to Section 6.01(c) and Section 6.13, it shall refrain from disclosing, and shall cause its officers, directors, employees and agents to refrain from disclosing, any material non-public information (as determined under the Securities Act, the Exchange Act, or the rules and regulations of the SEC) to the Investor without also disseminating such information to the public, unless prior to disclosure of such information the Company identifies such information as being material non-public information and provides the Investor with the opportunity to accept or refuse to accept such material non-public information for review. Unless specifically agreed to in writing, in no event shall the Investor have a duty of confidentiallyconfidentiality, or be ​ ​ deemed to have agreed to maintain information in confidence, with respect to the delivery of any Advance Notices.

Appears in 1 contract

Samples: Standby Equity Purchase Agreement (Universal Security Instruments Inc)

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