Common use of Press Releases and Other Public Statements Clause in Contracts

Press Releases and Other Public Statements. During the Standstill Period, Arbinet and the Stockholders agree as follows: (a) Arbinet agrees, subject to the requirements of applicable federal securities laws, to provide the Stockholders with an opportunity to review and comment on any press release, public filing, or letter to Arbinet’s stockholders containing statements about the Stockholders, prior to its public release. (b) The Stockholders agree, subject to the requirements of applicable federal securities laws, to provide Arbinet with an opportunity to review and comment on any press release, public filing, or letter to Arbinet’s stockholders containing statements about Arbinet, prior to its public release. (c) The initial press release with respect to the execution of this Agreement shall be a press release to be reasonably agreed upon by Arbinet and the Stockholders. (d) Neither Arbinet nor any of the Stockholders, nor any of their Affiliates or Associates, shall directly or indirectly make or issue or cause to be made or issued any disclosure, announcement or statement (including without limitation the filing of any document or report with the SEC or any other governmental agency or any disclosure to any journalist, member of the media or securities analyst) concerning the other party or any of its respective past, present or future general partners, directors, officers or employees, which disparages any of such other party’s respective past, present or future general partners, directors, officers or employees as individuals (recognizing that the parties shall be free to comment in good faith regarding the business of Arbinet, provided any such comment shall not otherwise violate the terms of this Agreement).

Appears in 7 contracts

Samples: Settlement and Standstill Agreement (Arbinet Thexchange Inc), Settlement and Standstill Agreement (Arbinet Thexchange Inc), Settlement and Standstill Agreement (Arbinet Thexchange Inc)

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Press Releases and Other Public Statements. During the Standstill Period, Arbinet and the Stockholders Stockholder agree as follows: (a) Arbinet agrees, subject to the requirements of applicable federal securities laws, to provide the Stockholders Stockholder with an opportunity to review and comment on any press release, public filing, or letter to Arbinet’s stockholders containing statements about the StockholdersStockholder, prior to its public release. (b) The Stockholders agreeStockholder agrees, subject to the requirements of applicable federal securities laws, to provide Arbinet with an opportunity to review and comment on any press release, public filing, or letter to Arbinet’s stockholders containing statements about Arbinet, prior to its public release. (c) The initial press release with respect to the execution of this Agreement shall be a press release to be reasonably agreed upon by Arbinet and the StockholdersStockholder (the “Press Release”). (d) Neither Arbinet nor any of the StockholdersStockholder, nor any of their his Affiliates or Associates, shall directly or indirectly make or issue or cause to be made or issued any disclosure, announcement or statement (including without limitation the filing of any document or report with the SEC or any other governmental agency or any disclosure to any journalist, member of the media or securities analyst) concerning the other party or any of its respective past, present or future general partners, directors, officers or employees, which disparages any of such other party’s respective past, present or future general partners, directors, officers or employees as individuals (recognizing that the parties shall be free to comment in good faith regarding the business of Arbinet, provided any such comment shall not otherwise violate the terms of this Agreement).

Appears in 1 contract

Samples: Settlement and Standstill Agreement (Arbinet Thexchange Inc)

Press Releases and Other Public Statements. During the Standstill Period, Arbinet and the Stockholders agree as follows: (a) Arbinet agrees, subject to the requirements of applicable federal securities laws, to provide the Stockholders with an opportunity to review and comment on any press release, public filing, or letter to Arbinet’s stockholders containing statements about the Stockholders, prior to its public release. (b) The Stockholders agree, subject to the requirements of applicable federal securities laws, to provide Arbinet with an opportunity to review and comment on any press release, public filing, or letter to Arbinet’s stockholders containing statements about Arbinet, prior to its public release. (c) The initial press release with respect to the execution of this Agreement shall be a press release to be reasonably agreed upon by Arbinet and the Stockholders. (d) Neither Arbinet nor any of the Stockholders, nor any of their Affiliates or Associates, shall directly or indirectly make or issue or cause to be made or issued any disclosure, announcement or statement (including without limitation the filing of any document or report with the SEC or any other governmental agency or any disclosure to any journalist, member of the media or securities analyst) concerning the other party or any of its respective past, present or future general partners, directors, officers or employees, which disparages any of such other party’s respective past, present or future general partners, directors, officers or employees as individuals (recognizing that the parties shall be free to comment in good faith regarding the business of Arbinet, provided any such comment shall not otherwise violate the terms of this Agreement; provided, further, that nothing contained herein shall prohibit Mashinsky from exercising his duties and obligations as a director of Arbinet).

Appears in 1 contract

Samples: Settlement and Standstill Agreement (Arbinet Thexchange Inc)

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Press Releases and Other Public Statements. During the Standstill Period, Arbinet Period the Company and the Stockholders Stockholder agree as follows: (a) Arbinet agrees, subject to the requirements of applicable federal securities laws, The Company agrees to provide the Stockholders Stockholder with an opportunity to review and comment on any press release, public filing, or letter to Arbinetthe Company’s stockholders containing statements about the Stockholders, Stockholder prior to its public release; provided, however, that nothing in this Section 5(a) shall impede or delay the ability of the Company act in compliance with the requirements of all applicable federal securities laws and other applicable laws. (b) The Stockholders agree, subject to the requirements of applicable federal securities laws, Stockholder agrees to provide Arbinet the Company with an opportunity to review and comment on any press release, public filing, or letter to Arbinetthe Company’s stockholders containing statements about Arbinetthe Company, prior to its public release; provided, however, that nothing in this Section 5(b) shall impede or delay the ability of the Stockholder to act in compliance with the requirements of all applicable federal securities laws and other applicable laws. (c) The initial press release with respect to Neither the execution of this Agreement shall be a press release to be reasonably agreed upon by Arbinet and the Stockholders. (d) Neither Arbinet Company nor any of the StockholdersSinger Group shall, nor any of their Affiliates or Associates, shall directly or indirectly indirectly, make or issue or cause to be made or issued any disclosure, announcement or statement (including without limitation the filing of any document or report with the SEC or any other governmental government agency or any disclosure to any journalist, member of the media or securities analyst) concerning the other party or any of its respective past, present or future general partners, directors, officers or employees, which disparages any of such other party’s respective past, present or future general partners, directors, officers officer or employees as individuals (recognizing that the parties shall be free to comment in good faith regarding the business of Arbinetthe Company, provided any such comment shall not otherwise violate the terms of this Agreement).

Appears in 1 contract

Samples: Standstill Agreement (Evolving Systems Inc)

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