Common use of Press Releases, Etc Clause in Contracts

Press Releases, Etc. Notwithstanding anything set forth in Section 8.1, 8.2 or 8.3 above to the contrary, XTL may not issue any news release or other public announcement relating to this Agreement or to the Parties’ performance hereunder, without the prior written consent of CUBIST, which shall not be unreasonably withheld or delayed, except to the extent required by applicable law, regulation or stock exchange or quotation system requirement; provided that XTL uses Commercially Reasonable Efforts to submit to CUBIST a draft of such news release or public announcement at least five (5) days prior to the date of planned issuance thereof and shall review and consider in good faith any comments provided by CUBIST. CUBIST may issue any news release or other public announcement relating to Product without the prior written consent of XTL, subject to the confidentiality provisions of Sections 8.1, 8.2 and 8.3; provided, however, that CUBIST may not issue any news release or other public announcement relating to this Agreement or to XTL’s performance hereunder, without the prior written consent of XTL, which shall not be unreasonably withheld or delayed, except to the extent required by applicable law, regulation or stock exchange or quotation system requirement; and provided further that, unless precluded by applicable law, regulation or stock exchange or quotation system requirement, CUBIST will use Commercially Reasonable Efforts to submit to XTL a draft of such news release or public announcement at least five (5) days prior to the date of planned issuance thereof so as to afford XTL the opportunity to object if such proposed press release would violate applicable Israeli law, regulation or stock exchange or quotation system requirement. In the event of such objection, the parties will diligently cooperate to arrive at a revised draft of such proposed press release that does not so violate such applicable Israeli law, regulation or stock exchange or quotation system requirement.

Press Releases, Etc. Notwithstanding anything set forth in Section 8.1(a) Each Credit Party will not, 8.2 and will not permit any of its respective Subsidiaries, directly or 8.3 above indirectly, to the contrary, XTL may not issue publish any news press release or other similar public announcement relating to disclosure or announcements (including any marketing materials) regarding this Agreement Agreement, the other Credit Documents, the Transaction Documents, or to any of the Parties’ performance hereunderTransactions, without the prior written consent of CUBIST, which shall not be unreasonably withheld or delayedthe Administrative Agent and the Collateral Agent, except to the extent required by applicable any legal requirement including, without limitation, the rules of the Tel Aviv Stock Exchange (in which case such Credit Party or such Subsidiary shall, to the extent permitted by law, regulation or stock exchange or quotation system requirement; provided that XTL uses Commercially Reasonable Efforts to submit to CUBIST a draft promptly notify the Agent in writing of such news release or public announcement at least five (5) days prior to the date legal requirement in advance of planned issuance thereof and shall review and consider in good faith any comments provided by CUBIST. CUBIST may issue any news release or other public announcement relating to Product without the prior written consent of XTL, subject to the confidentiality provisions of Sections 8.1, 8.2 and 8.3such disclosure; provided, howeverthat if such Credit Party or Subsidiary is unable to notify the Agent of such legal requirement in advance of such disclosure, such written notice shall be delivered to the Agent promptly thereafter and, in any event, within three Business Days of such disclosure)); provided, further that CUBIST no notification shall be required for publication of financial statements, quarterly reports, and annual reports, and presentations published to accompany such reports. (b) The Administrative Agent or any Lender may not issue any news release or other public announcement relating to this Agreement or to XTL’s performance hereunder, without the prior written consent of XTL, which shall not be unreasonably withheld or delayed, except (to the extent required by applicable law, regulation the Administrative Agent or stock exchange or quotation system requirement; such Lender has presented any materials for the prior approval of the Credit Parties and provided further that, unless precluded by applicable law, regulation or stock exchange or quotation system requirement, CUBIST will use Commercially Reasonable Efforts to submit to XTL a draft of such news release or public announcement at least five (5) days prior the Credit Parties have consented to the date disclosure thereof) publish any press releases, tombstones, advertising or other promotional materials (whether by means of planned issuance thereof so electronic transmission, posting to a website or other internet application, print media or otherwise) containing customary market information relating to the financing transactions contemplated by this Agreement and the other Credit Documents using the name, product photographs, logo, trademark or related information of the Borrower and its Subsidiaries, all at the expense of the Administrative Agent or such Lender, as to afford XTL applicable. Notwithstanding the opportunity to object if foregoing and for the avoidance of doubt, such proposed press release would violate applicable Israeli lawinformation disclosed or provided by the Agent or their Affiliates or managed funds shall not include equity contribution levels, regulation purchase price, financial or stock exchange operating statistics or quotation system requirement. In leverage multiples or any fees payable in connection with the event of such objection, the parties will diligently cooperate to arrive at a revised draft of such proposed press release that does not so violate such applicable Israeli law, regulation or stock exchange or quotation system requirementtransactions contemplated hereby.