Common use of Press Release; Communications Clause in Contracts

Press Release; Communications. Each of the parties hereto shall keep confidential and not disclose to any other Person, other than their respective Affiliates, representatives and advisors, the contents of this Agreement. The obligations of the parties under this Section 4.6 shall not apply to information that is required to be disclosed by any applicable Law or in connection with necessary filings, notices, petitions, statements, registrations, submissions of information, applications and other documents with any governmental authorities or that is publicly available other than as a result of any breach by any of the parties of this Section 4.6. Any general notices, releases, statements or communications to the general public or the press relating to this Agreement, the Merger Agreement or the transactions contemplated hereby or thereby shall be made by NewCo or any Investor (and NewCo and any Investor shall consent to the issuance of any such release) only at such times and in such manner as may be mutually agreed upon by each of the Investors; provided, that any Investor shall be entitled to issue such press releases and to make such public statements as such Investor determines in good faith is required by applicable Law, in which case any other Investor shall be advised thereof and such Investor together with the other Investors shall use their reasonable efforts to cause a mutually agreeable release or announcement to be issued and; provided, further any Investor shall be entitled to disclose the existence of this Agreement and the Merger Agreement and any of the terms and conditions hereof and thereof and the transactions contemplated hereby and thereby and any key financial information relating thereto on a confidential basis to existing and prospective investors of such Investor. Once and solely to the extent such information has been made available to the general public in accordance with this Agreement, this Section 4.6 shall no longer apply to such information.

Press Release; Communications. Each Notwithstanding anything to the contrary in this Agreement, without the prior written consent of a party, none of the other parties hereto shall keep confidential and not disclose to or any other Personof his, other than their respective Affiliates, representatives and advisors, her or its Affiliates or the contents of this Agreement. The obligations Representatives of the parties under this Section 4.6 foregoing shall not apply to information that is required to be disclosed by use, publish or reproduce the name of such party or its Affiliates or any applicable Law similar name, trademark or logo in connection with necessary filings, notices, petitions, statements, registrations, submissions of information, applications and other documents with any governmental authorities or that is publicly available other than as a result of any breach by any of the parties of this Section 4.6their marketing, advertising or promotion materials or otherwise for any marketing, advertising or promotional purposes. Any general notices, releases, statements or communications to the general public or the press relating to the Transactions, this Agreement, the Merger Agreement or the transactions contemplated hereby or thereby shall be made by NewCo or any Investor (and NewCo and any Investor shall consent to the issuance of any such release) only at such times and in such manner as may determined by Parent, provided that, before issuance of such notices, releases, statements or communications, each other party shall be mutually agreed upon by each of the Investorsgranted reasonable opportunity to review and comment on any disclosure relating to such party and its Affiliates; provided, that if any Investor such general notice, release, statement or communication specifically names Rollover Stockholder or contains any information of Rollover Stockholder, then Parent shall seek the written consent of Rollover Stockholder with respect to the inclusion of its name or such information, as applicable, prior to making or delivering such general notice, release, statement or communication; provided, further, that notwithstanding the foregoing, the parties shall be entitled to issue such press releases and to make such public statements as such Investor determines in good faith is are required by applicable Law, in which case any other Investor Parent shall be advised thereof and such Investor together with the other Investors parties shall use their reasonable efforts to cause a mutually agreeable release or announcement to be issued andissued; provided, further any Investor further, that nothing herein (including Section 6.16 hereof) shall be entitled to disclose the existence of this Agreement and the Merger Agreement and any of the terms and conditions hereof and thereof and the transactions contemplated hereby and thereby and any key financial information relating thereto prohibit Parent from communicating on a confidential basis to existing and prospective investors of such Investorwith the Investors or prohibit the Investors from communicating on a confidential basis with their or their Affiliates’ respective limited partners or direct or indirect investors. Once and solely to the extent such information has been made available to the general public in accordance with this Agreement, this Section 4.6 6.18 shall no longer apply to such information.

Press Release; Communications. Each Notwithstanding anything to the contrary in this Agreement, without the prior written consent of a Party, none of the parties hereto shall keep confidential and not disclose to other Parties or any other Personof his, other than their respective Affiliates, representatives and advisors, her or its Affiliates or the contents of this Agreement. The obligations Representatives of the parties under this Section 4.6 foregoing shall not apply to information that is required to be disclosed by use, publish or reproduce the name of such Party or its Affiliates or any applicable Law similar name, trademark or logo in connection with necessary filings, notices, petitions, statements, registrations, submissions of information, applications and other documents with any governmental authorities or that is publicly available other than as a result of any breach by any of the parties of this Section 4.6their marketing, advertising or promotion materials or otherwise for any marketing, advertising or promotional purposes. Any general notices, releases, statements or communications to the general public or the press relating to the Transactions, this Agreement, the Merger Agreement or the transactions contemplated hereby or thereby shall be made by NewCo or any Investor (and NewCo and any Investor shall consent to the issuance of any such release) only at such times and in such manner as may determined by the Lead Investors, provided that, before issuance of such notices, releases, statements or communications, each other Party shall be mutually agreed upon by each of the Investorsgranted reasonable opportunity to review and comment on any disclosure relating to such Party and its Affiliates; provided, that if any such general notice, release, statement or communication specifically names any Investor or contains any information of an Investor, then the Lead Investors shall seek the written consent of such Investor with respect to the inclusion of its name or such information, as applicable, prior to making or delivering such general notice, release, statement or communication; provided, further, that notwithstanding the foregoing, the Parties shall be entitled to issue such press releases and to make such public statements as such Investor determines in good faith is are required by applicable Law, in which case any other Investor the Lead Investors shall be advised thereof and such Investor together with the other Investors Parties shall use their reasonable efforts to cause a mutually agreeable release or announcement to be issued andissued; provided, further any Investor further, that nothing herein (including Section 4.9 hereof) shall be entitled to disclose prohibit the existence of this Agreement and the Merger Agreement and any of the terms and conditions hereof and thereof and the transactions contemplated hereby and thereby and any key financial information relating thereto Sponsor Investors from communicating on a confidential basis to existing and prospective investors of such Investorwith their or their Affiliates’ respective limited partners or direct or indirect investors. Once and solely to the extent such information has been made available to the general public in accordance with this Agreement, this Section 4.6 4.12 shall no longer apply to such information.