Common use of Public Announcements; Use of Names Clause in Contracts

Public Announcements; Use of Names. (a) Neither Party shall, and each Party shall instruct its Affiliates and its and its Affiliates’ Representatives and Financing Sources not to, issue a press release or other public announcement or otherwise make any public disclosure with respect to this Agreement or the subject matter hereof without the prior consent of the other Party (which consent shall not be unreasonably withheld, conditioned or delayed), except as may be required by applicable Law (in which case the Party required by applicable Law to issue or make the press release, public announcement or other public disclosure shall allow the other Party reasonable time to comment on such press release, public announcement or other public disclosure in advance of such issuance or making thereof to the extent practicable and permitted by Law). Notwithstanding anything herein to the contrary, Seller and Purchaser hereby agree that (i) a joint press release issued by Seller and Purchaser jointly, or separate press releases issued by Seller and Purchaser separately, relating to the consummation of the transactions contemplated by this Agreement may be issued following the Closing in form(s) to be agreed by Purchaser and Seller (such press releases, the “Specified Press Releases”) and (ii) any Party may, without the consent of the other Party, make public disclosures of any information with respect to this Agreement or the subject matter hereof which is the same as the information that has already been publicly disclosed by such Party, or the other Party, in the Specified Press Release or otherwise in compliance with the foregoing provisions of this Section 7.11(a). (b) Except as contemplated by the last sentence of Section 7.11(a), each Party hereto (the “First Party”) shall not, without the prior written consent of the other Party hereto, identify such other Party, its Affiliates or its or its Affiliates’ trustees, directors, managers, investors, owners, owner or officer family members, officers or employees in any advertising, sales literature or other promotional materials to be disseminated to any Person other than to such First Party, its Affiliates and its and its Affiliates’ Representatives, provided that each Party may refer to the name of the other Party in capital raising documentation that is governed by reasonable restrictions of confidentiality. (c) Notwithstanding anything herein to the contrary, Seller may, without the consent of Purchaser, disclose (and nothing herein shall be construed to restrict Seller from disclosing) Purchaser’s identity, the Initial Purchase Price, the Additional Floor Purchase Price, the January 2024 Amount, the Purchaser Milestone Payment 1, the Purchaser Milestone Payment 2, the amount and nature of the Royalties, the amount and nature of the Receivables and the amount and nature of the Purchased Receivables (i) to potential and actual buyers of Retained Receivables or other Excluded Assets and (ii) to Rxxxxx Surgical and its Affiliates. Notwithstanding anything herein to the contrary, each of Purchaser and Seller may without consent of the other Party disclose (and nothing herein shall be construed to restrict either Party from disclosing) the other Party’s name, the Initial Purchase Price, the Additional Floor Purchase Price, the January 2024 Amount, the Purchaser Milestone Payment 1, the Purchaser Milestone Payment 2 and the amount and nature of the Purchased Receivables in their respective annual and other periodic and current reports and financial statements and in those of their respective Affiliates (including, without limitation, any related press releases).

Public Announcements; Use of Names. (a) Neither Party party hereto shall, and each Party party hereto shall instruct its Affiliates and its and its Affiliates’ Representatives and Financing Sources not to, issue a press release or other public announcement or otherwise make any public disclosure with respect to this Agreement or the subject matter hereof without the prior written consent of the other Party party hereto (which consent shall not be unreasonably withheld, conditioned withheld or delayed), except as may be required by applicable Law (in which case the Party party hereto required by applicable Law to issue or make the press release, public announcement or other public disclosure shall allow the other Party party hereto reasonable time to comment on such press release, public announcement or other public disclosure in advance of such the issuance or making thereof to the extent practicable and permitted by Lawthereof). Notwithstanding anything herein to the contraryforegoing, (i) Seller and Purchaser hereby agree that (i) a joint press release issued by Seller and Purchaser jointly, or separate press releases issued by Seller and Purchaser separately, relating to the consummation of the transactions contemplated by this Agreement may be issued following the Closing in form(s) a form to be reasonably agreed by Purchaser and Seller may be issued by Seller following the Closing (such press releasesrelease, the “Specified Press ReleasesRelease”) and ), (ii) any Party party hereto may, without the consent of the other Partyparty hereto, make public disclosures of any information with respect to this Agreement or the subject matter hereof which is the same as the information that has already been publicly disclosed by such Partyparty, or the other Partyparty hereto, in the Specified Press Release or otherwise in compliance with the foregoing provisions of this Section 7.11(a6.10(a) and (iii) if a party hereto determines that it must make any disclosure referred to in the immediately preceding sentence pursuant to securities laws or regulations or the rules and regulations of any securities exchange or market, then such party may make such disclosure (and for the avoidance of doubt, without compliance with the foregoing provisions of this Section 6.10(a)), provided, that it will use commercially reasonable efforts to notify the other party in advance and allow them to comment on such disclosure, in each case, to the extent practicable under the circumstances. (b) Except as contemplated by the last sentence of Section 7.11(a6.10(a), each Party hereto (the “First Party”) shall notneither Purchaser nor Purchaser Representative shall, without the Seller’s prior written consent of the other Party heretoconsent, identify such other PartySeller, its Affiliates or its or its Affiliates’ trustees, directors, managersofficers, investors, owners, owner employees or officer family members, officers or employees agents in any advertising, press releases, sales literature or other promotional materials to be disseminated to any Person other than to such First PartyPurchaser, its Purchaser Representative, their Affiliates and its and its their Affiliates’ Representatives, provided that each Party may refer to the name of the other Party in capital raising documentation that is governed by reasonable restrictions of confidentialityRepresentatives and investors (and potential investors). (c) Notwithstanding anything herein to the contrary, Seller may, without the consent of Purchaser, disclose (and nothing herein shall be construed to restrict Seller from disclosing) Purchaser’s identity, the Initial Purchase Price, the Additional Floor Purchase Price, the January 2024 Amount, the Purchaser Milestone Payment 1, the Purchaser Milestone Payment 2, the amount and nature of the Royalties, the amount and nature of the Receivables and the amount and nature of the Purchased Receivables (i) to potential and actual buyers of Retained Receivables or other Excluded Assets and (ii) to Rxxxxx Surgical and its Affiliates. Notwithstanding anything herein to the contrary, each of Purchaser and Seller may without consent of the other Party disclose (and nothing herein shall be construed to restrict either Party from disclosing) the other Party’s name, the Initial Purchase Price, the Additional Floor Purchase Price, the January 2024 Amount, the Purchaser Milestone Payment 1, the Purchaser Milestone Payment 2 Price and the amount and nature of the Purchased Receivables in their respective Seller’s annual and other periodic and current reports and financial statements and in those of their respective Affiliates (including, without limitation, any related press releases)statements.

Public Announcements; Use of Names. (a) Neither Party party hereto shall, and each Party party hereto shall instruct its Affiliates and its and its Affiliates’ Representatives and Financing Sources not to, issue a press release or other public announcement or otherwise make any public disclosure with respect to this Agreement or the subject matter hereof without the prior written consent of the other Party party hereto (which consent shall not be unreasonably withheld, conditioned withheld or delayed), except as may be required by applicable Law (in which case the Party party hereto required by applicable Law to issue or make the press release, public announcement or other public disclosure shall allow the other Party party hereto reasonable time to comment on such press release, public announcement or other public disclosure in advance of such the issuance or making thereof to the extent practicable and permitted by Lawthereof). Notwithstanding anything herein to the contraryforegoing, Seller and Purchaser hereby agree that (i) a joint press release issued by Seller and Purchaser jointly, or separate press releases issued by Seller and Purchaser separately, relating to the consummation of the transactions contemplated by this Agreement may be issued following the Closing in form(s) forms to be agreed by Purchaser and Seller (such press releases, may be issued by Seller and Purchaser individually following the “Closing Specified Press Releases”) and (ii) Releases Notwithstanding the foregoing, any Party party hereto may, without the consent of the other Partyparty hereto, make public disclosures of any information with respect to this Agreement or the subject matter hereof which is the same as the information that has already been publicly disclosed by such Partyparty, or the other Partyparty hereto, in the Specified Press Release Releases or otherwise in compliance with the foregoing provisions of this Section 7.11(a6.14(a). . (b) Except as contemplated by the last sentence of Section 7.11(a6.14(a), each Party hereto (the “First Party”) shall not, without the prior written consent of the other Party hereto, identify such other Party, its Affiliates or its or its Affiliates’ trustees, Purchaser directors, managersofficers, investors, owners, owner employees or officer family members, officers or employees agents in any advertising, press releases, sales literature or other promotional materials to be disseminated to any Person other than to such First Party(i) Purchaser, its Affiliates and its and its Affiliates’ Representatives, provided that each Party may refer to the name of the other Party in capital raising documentation that is governed by reasonable restrictions of confidentiality. (c) Notwithstanding anything herein to the contrary, Seller may, without the consent potential transferees of Purchaser, disclose (and nothing herein shall be construed to restrict Seller from disclosing) Purchaser’s identity, the Initial Purchase Price, the Additional Floor Purchase Price, the January 2024 Amount, the Purchaser Milestone Payment 1, the Purchaser Milestone Payment 2, the amount and nature of the Royalties, the amount and nature of the Receivables and the amount and nature of the Purchased Receivables (i) to potential and actual buyers of Retained Receivables or other Excluded Assets and (ii) to Rxxxxx Surgical and its Affiliates. Notwithstanding anything herein to the contrary, each of Purchaser and Seller may without consent of the other Party disclose (and nothing herein shall be construed to restrict either Party from disclosing) the other Party’s name, the Initial Purchase Price, the Additional Floor Purchase Price, the January 2024 Amount, the Purchaser Milestone Payment 1, the Purchaser Milestone Payment 2 and the amount and nature of the Purchased Receivables in their respective annual and other periodic and current reports and financial statements and in those of their respective Affiliates (including, without limitation, any related press releases).

Public Announcements; Use of Names. (a) Neither Party party hereto shall, and each Party party hereto shall instruct its Affiliates and its and its Affiliates’ Representatives and Financing Sources not to, issue a press release or other public announcement or otherwise make any public disclosure with respect to this Agreement or the subject matter hereof without the prior written consent of the other Party party hereto (which consent shall not be unreasonably withheld, conditioned delayed or delayedconditioned), except as may be required by applicable Law (in which case the Party party hereto required by applicable Law to issue or make the press release, public announcement or other public disclosure shall allow the other Party party hereto reasonable time to comment on such press release, public announcement or other public disclosure in advance of the issuance or making thereof). (b) Notwithstanding the foregoing, if a party hereto determines that it is required to issue or make any press release, public announcement or other public disclosure with respect to this Agreement or the subject matter hereof pursuant to securities Laws or the rules and regulations of any securities exchange, market or trading system (including, for the avoidance of doubt, (i) any issuance by Seller of a press release and a current report on Form 8-K relating to the transactions contemplated by this Agreement and (ii) any public filing by Seller of a copy of this Agreement as an exhibit to the aforementioned current report on Form 8-K or as an exhibit to any other periodic report of Seller filed pursuant to the Securities and Exchange Act of 1934, as amended), then such party may issue or make such press release, public announcement or other public disclosure (and, for the avoidance of doubt, without needing to comply with the provisions of Section 6.10(a)) so long as such party provides a reasonable opportunity to the other party hereto to comment on such press release, public announcement or other public disclosure in advance of the issuance or making thereof to the extent practicable and permitted by Law). under the circumstances. (c) Notwithstanding anything herein to the contraryforegoing, Seller and Purchaser hereby agree that (i) a joint press release issued by Seller and Purchaser jointly, or separate press releases issued by Seller and Purchaser separately, relating to the consummation of the transactions contemplated by this Agreement may be issued following the Closing in form(s) to be agreed by Purchaser and Seller (such press releases, the “Specified Press Releases”) and (ii) any Party party hereto may, without the consent of the other Partyparty hereto, make public disclosures of any information with respect to this Agreement or the subject matter hereof which is the same as the information that has already been publicly disclosed by such Partyparty, or the other Partyparty hereto, in the Specified Press Release or otherwise in compliance with the foregoing provisions of this Section 7.11(a)6.10. (bd) Except as contemplated by the last sentence of Section 7.11(a)6.10(c) with respect to identifying Seller, each Party hereto (the “First Party”) it is understood and agreed that Purchaser shall not, without the Seller’s prior written consent of the other Party heretoconsent, identify such other PartySeller, its Affiliates or its or its Affiliates’ trustees, directors, managersofficers, investors, owners, owner employees or officer family members, officers or employees agents in any advertising, press releases, sales literature or other promotional materials to be disseminated to any Person other than to such First PartyPurchaser, its Affiliates and its and its Affiliates’ RepresentativesRepresentatives and investors (and potential investors). Except as contemplated by Section 6.10(c) with respect to identifying Purchaser, provided it is understood and agreed that each Party may refer Seller shall not, without Purchaser’s prior written consent, identify Purchaser, its Affiliates or its or its Affiliates’ directors, officers, employees or agents in any advertising, press releases, sales literature or other promotional materials to the name of the be disseminated to any Person other Party in capital raising documentation that is governed by reasonable restrictions of confidentialitythan to Seller, its Affiliates and its and its Affiliates’ Representatives and investors (and potential investors). (ce) Notwithstanding anything herein to the contrary, Seller may, without the consent of Purchaser, disclose (and nothing herein shall be construed to restrict Seller from disclosing) Purchaser’s identity, the Initial Purchase Price, the Additional Floor Purchase Price, the January 2024 Amount, the Purchaser Milestone Payment 1, the Purchaser Milestone Payment 2, the amount and nature of the Royalties, the amount and nature of the Receivables and the amount and nature of the Purchased Receivables ) (i) to potential and actual buyers of Retained Receivables or other Excluded Assets and (ii) to Rxxxxx Surgical and its Affiliates. Notwithstanding anything herein to the contrary, each of Purchaser and Seller may without consent of the other Party disclose (and nothing herein shall be construed to restrict either Party from disclosing) the other Party’s name, the Initial Purchase Price, the Additional Floor Purchase Price, the January 2024 Amount, the Purchaser Milestone Payment 1, the Purchaser Milestone Payment 2 Price and the amount and nature of the Purchased Receivables in their respective the annual and other periodic and current reports and financial statements of Seller and in those of their respective its Affiliates and (including, without limitation, any related press releases)ii) Purchaser’s identity and Purchaser’s Purchased Percentage Interest to the other Royalty Parties.