Common use of Public Announcements and Statements Clause in Contracts

Public Announcements and Statements. Neither NeoPharm nor PNU, nor any Affiliate thereof, shall issue or cause publication of any press release or other public announcement or public communication with respect to this Agreement or the transactions contemplated hereby without the prior written consent of the other party, which consent shall not be unreasonably withheld or delayed. Neither party shall use the name of the other party in any public statement or press release without the prior written approval of the other party, which approval may not be unreasonably withheld or delayed; provided, however, that both parties shall give the other party a minimum of five (5) business days to review any such press release or other public statement. Notwithstanding the foregoing, each party may make any disclosure which such party, in the opinion of its counsel, is obligated to make pursuant to applicable law, in which case such party shall still endeavor to give the other party an opportunity to review such disclosure but shall not be obligated to do so if such disclosure must, in the opinion of its counsel, be made without time for review. The failure of a party to draft such disclosure in a timely fashion shall not be deemed a reason to avoid submitting such disclosure to the other party hereto.

Appears in 2 contracts

Samples: License Agreement (Neopharm Inc), License Agreement (Neopharm Inc)

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Public Announcements and Statements. Neither NeoPharm nor PNUNK, nor any Affiliate thereof, shall issue or cause publication of any press release or other public announcement or public communication with respect to this Agreement or the transactions contemplated hereby without the prior written consent of the other partyParty, which consent shall not be unreasonably withheld withheld, delayed or delayedconditioned. Neither party Party shall use the name of the other party Party in any public statement or press release without the prior written approval of the other partyParty, which approval may not be unreasonably withheld withheld, delayed or delayedconditioned; provided, however, that both parties Parties shall give the other party Party a minimum of five three (53) business days to review any such press release or other public statement. Notwithstanding the foregoing, each party Party may make any disclosure which such partyParty, in the opinion of its counsel, is obligated to make pursuant to applicable lawApplicable Laws, in which case such party Party shall still endeavor to give the other party Party an opportunity to review such disclosure but shall not be obligated to do so if such disclosure must, in the opinion of its counsel, be made without time for review. The failure of a party Party to draft such disclosure in a timely fashion shall not be deemed a reason to avoid submitting such disclosure to the other party heretoParty.

Appears in 2 contracts

Samples: Sublicense and License Agreement (Neopharm Inc), Sublicense and License Agreement (Neopharm Inc)

Public Announcements and Statements. Neither NeoPharm HMR nor PNUMEDICIS, nor any Affiliate AFFILIATE thereof, shall issue or cause publication of any press release or other public announcement or public communication with respect to this Agreement AGREEMENT or the transactions contemplated hereby without the prior written consent of the other party, which consent shall not be unreasonably withheld or delayed. Neither No party shall use the name of the any other party in any public statement or press release without the prior written approval of the other party, which approval may not be unreasonably withheld or delayed; provided, however, that both parties the disclosing party shall give the other party parties a minimum of five (5) business days to review any such press release or other public statement. Notwithstanding the foregoing, each party may make any disclosure which such party, in the opinion of its counsel, is obligated to make pursuant to applicable law, in which case such party shall still endeavor to give the other party an opportunity to review such disclosure but shall not be obligated to do so if such disclosure must, in the opinion of its counsel, be made without time for review. The failure of a party to draft such disclosure in a timely fashion shall not be deemed a reason to avoid submitting such disclosure to the other party hereto.,

Appears in 1 contract

Samples: Asset Purchase Agreement (Medicis Pharmaceutical Corp)

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Public Announcements and Statements. Neither NeoPharm HMR nor PNUMEDICIS, nor any Affiliate AFFILIATE thereof, shall issue or cause publication of any press release or other public announcement or public communication with respect to this Agreement AGREEMENT or the transactions contemplated hereby without the prior written consent of the other party, which consent shall not be unreasonably withheld or delayed. Neither party shall use the name of the other party in any public statement or press release without the prior written approval of the other party, which approval may not be unreasonably withheld or delayed; provided, however, that both parties shall give the other party a minimum of five (5) business days to review any such press release or other public statement. Notwithstanding the foregoing, each party may make any disclosure which such party, in the opinion of its counsel, is obligated to make pursuant to applicable law, in which case such party shall still endeavor to give the other party an opportunity to review such disclosure but shall not be obligated to do so if such disclosure must, in the opinion of its counsel, be made without time for review. The failure of a party to draft such disclosure in a timely fashion shall not be deemed a reason to avoid submitting such disclosure to the other party hereto.

Appears in 1 contract

Samples: License and Option Agreement (Medicis Pharmaceutical Corp)

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