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

Press Releases and Other Public Statements. During the Standstill Period, NMS and the Stockholders agree as follows: (a) NMS 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 NMS’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 NMS with an opportunity to review and comment on any press release, public filing, or letter to NMS’s stockholders containing statements about NMS, 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 NMS and the Stockholders. (d) Neither NMS nor any of the Stockholders, nor any of their Affiliates, 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 NMS, provided that any such comment shall not otherwise violate the terms of this Agreement).

Press Releases and Other Public Statements. During the Standstill Period, NMS the Company and the Stockholders agree as follows: (a) NMS The Company agrees, subject to the requirements of applicable federal securities laws, to provide the Stockholders Stockholder Representative with an opportunity to review and comment on any press release, public filing, or letter to NMSthe Company’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 NMS the Company with an opportunity to review and comment on any press release, public filing, or letter to NMSthe Company’s stockholders containing statements about NMSthe Company, 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 NMS the Company and the StockholdersStockholder Representative. (d) Neither NMS the Company nor any of the Stockholders, nor any of their AffiliatesAffiliates or Associates, shall directly or indirectly make or issue or cause to be made or issued any disclosure, announcement or statement (including including, without limitation 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 or in any way reflects adversely or detrimentally upon such other party or 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 NMS, provided that any such comment this provision shall not otherwise violate prohibit any private, confidential comment made directly to the terms of this Agreementother party’s officers, directors or counsel).