Common use of Public Statement and Press Releases Clause in Contracts

Public Statement and Press Releases. Neither the Company on the one hand, nor Parent or Merger Sub, on the other hand, without the prior written consent of the other, or except as required by law in the judgment of outside legal counsel for such party or legal process, shall make any press release or other public statement concerning this Agreement or the transactions contemplated by this Agreement; provided, however, that nothing in this Section 10.1 shall be deemed to prohibit any party hereto from making any disclosure which its counsel deems necessary or advisable in order to fulfill such party's disclosure obligations imposed by law or the rules of any national securities exchange or automated quotation system. Parent and Merger Sub each agrees that the discussion (to the extent permitted under applicable securities laws) of the transactions contemplated hereby by the Company with the Company Entities' lenders, the Company Entities' Affiliates (and their respective directors, officers, employees, partners and stockholders), the Company's counsel or other professional advisors, and any Person whose consent or waiver may be necessary or desirable in order to consummate the transactions contemplated hereby, shall not be deemed to be "intended for" or to "result in public dissemination," for the purposes of the foregoing sentence. The Company agrees that the discussion (to the extent required under applicable securities laws) of the transactions contemplated hereby by Parent with Parent's lenders and stockholders, Parent's Affiliates (and their respective directors, officers, employees, partners and stockholders), Parent's counsel or other professional advisors, and any Person whose consent or waiver may be necessary or desirable in order to consummate the transactions contemplated hereby shall not be deemed to be "intended for" or to "result in public dissemination," for the purposes of this Section 10.1.

Public Statement and Press Releases. Neither the Company PSD on the one hand, nor Parent CCI or Merger Sub, on the other hand, without the prior written consent of the other, or except as required by law in the judgment of outside legal counsel for such party or legal process, shall make release any press release or other public statement information concerning this Agreement or the transactions contemplated by this Agreement; provided, however, that nothing if such release is intended for or is reasonably likely to result in this Section 10.1 shall be deemed to prohibit any party hereto from making any disclosure which its counsel deems necessary or advisable in order to fulfill such party's disclosure obligations imposed by law or the rules of any national securities exchange or automated quotation systempublic dissemination thereof. Parent CCI and Merger Sub each agrees that the discussion (to the extent permitted under applicable securities laws) of the transactions contemplated hereby by the Company PSD with the Company PSD Entities' lenders, the Company Entities' PSD Entities Affiliates (and their respective directors, officers, employees, partners and stockholdersshareholders), the CompanyPSD's counsel or other professional advisors, and any Person whose consent or waiver may be necessary or desirable in order to consummate the transactions contemplated hereby, shall not be deemed to be "intended for" or to "result in public dissemination," for the purposes of the foregoing sentence. The Company PSD agrees that the discussion (to the extent required under applicable securities laws) of the transactions contemplated hereby by Parent CCI with ParentCCI's lenders and stockholdersshareholders, ParentCCI's Affiliates (and their respective directors, officers, employees, partners and stockholdersshareholders), ParentCCI's counsel or other professional advisors, and any Person whose consent or waiver may be necessary or desirable in order to consummate the transactions contemplated hereby shall not be deemed to be "intended for" or to "result in public dissemination," for the purposes of this Section 10.111.2.

Public Statement and Press Releases. Neither Each of the Company on the one hand, nor Parent or Merger Sub, on the other handParties agrees that it shall not, without the prior written consent of the otherother Parties, or except as required by law in the judgment of outside legal counsel for such party or legal process, shall make any press release or other public statement concerning this Agreement or the other Transaction Agreements or the transactions contemplated by this Agreementhereby or thereby; provided, however, that (i) the Parties shall mutually agree upon their respective initial press releases regarding the execution of this Agreement and the transactions contemplated hereby, (ii) nothing in this Section 10.1 5.17 shall be deemed to prohibit any party hereto from making any disclosure which is consistent in all material respects with (A) the press releases issued by either Party pursuant to clause (i) or (B) the communication guidelines separately agreed between the Parties prior to the date hereof, as the same may be amended by the Parties from time to time (the “Communication Guidelines”), (iii) nothing in this Section 5.17 shall be deemed to prohibit any party hereto from making any disclosure which its counsel deems necessary or advisable in order to fulfill such party's Party’s disclosure obligations imposed by law law, legal process or the rules of any national securities exchange or automated quotation system. Parent , so long as the disclosing Party consults with the other Parties prior to such disclosure and Merger Sub each agrees that considers in good faith the discussion other Parties’ considerations with respect to such disclosure and (iv) any Party may issue a press release or make any other public statement in response to specific questions by the press, analysts, investors or those attending industry conferences or financial analyst conference calls as long as any such releases or statements are not inconsistent in any material respect with or additive in any material respect to the extent permitted under applicable securities laws) Communication Guidelines or any previous press releases, public disclosures or public statements made by DHL or Airborne in compliance with the terms of this Agreement, including this Section 5.17. Each of the transactions contemplated hereby Parties aggress that it shall not, without the prior written consent of the other Parties, make any statements to employees; provided, however, that any Party may issue statements or make statements to employees that are not inconsistent in any material respect with or additive in any material respect to the employee communications guidelines separately agreed between the Parties prior to the date hereof, as the same may be amended by the Company with Parties from time to time. The Parties shall set forth procedures for coordinating the Company Entities' lendersmaking of public releases, the Company Entities' Affiliates (and their respective directors, officers, employees, partners and stockholders), the Company's counsel communications to employees or other professional advisorspublic statements, and any Person whose including designating a contact person at a senior level for each Party who will be responsible for administering the consent or waiver may be necessary or desirable in order to consummate the transactions contemplated hereby, shall not be deemed to be "intended for" or to "result in public dissemination," for the purposes of the foregoing sentence. The Company agrees that the discussion (to the extent required under applicable securities laws) of the transactions contemplated hereby by Parent with Parent's lenders and stockholders, Parent's Affiliates (and their respective directors, officers, employees, partners and stockholders), Parent's counsel or other professional advisors, and any Person whose consent or waiver may be necessary or desirable in order to consummate the transactions contemplated hereby shall not be deemed to be "intended for" or to "result in public dissemination," for the purposes of this Section 10.1process.

Public Statement and Press Releases. Neither the Company Each of Buyer, on the one hand, nor Parent or Merger Suband Sellers, on the other hand, agrees that it shall not, without the prior written consent of the otherother Party, or except as required by law in the judgment of outside legal counsel for such party or legal process, shall make any press release or other public statement concerning this Agreement or the transactions contemplated by this Agreementhereby; provided, however, that (i) the Parties shall mutually agree upon their respective initial press releases and on the employee communication regarding the execution of this Agreement and the transactions contemplated hereby, (ii) Sellers shall cooperate with Buyer with respect to employee communications and provide Buyer the reasonable opportunity to provide reasonable comments on all employee communications and to make its own communications to the Company’s employees regarding the transactions contemplated hereby and the integration of Buyer’s and the Company’s businesses, (iii) nothing in this Section 10.1 5.8 shall be deemed to prohibit any party hereto Party from making any disclosure which is consistent in all material respects with the press releases and employee communications issued by either Party pursuant to clause (i) or (ii), (iv) nothing in this Section 5.8 shall be deemed to prohibit Buyer from making any disclosure that its counsel deems necessary or advisable required in order to fulfill such party's Buyer’s disclosure obligations imposed by law Legal Requirements, legal process or the rules of any national securities exchange or automated quotation system. Parent and Merger Sub each agrees system upon which Buyer’s common stock is traded; provided further, that Buyer may make any public statement in response to specific questions by the discussion press, analysts, investors or those attending industry conferences or financial analyst conference calls, so long as any such statements are not inconsistent with previous press releases, public disclosures or public statements made by either Buyer or any Seller (to the extent permitted under applicable securities laws) including on behalf of the transactions contemplated hereby by the Company with the Company Entities' lenders, the Company Entities' Affiliates (Company) and their respective directors, officers, employees, partners and stockholders), do not reveal non-public information regarding Sellers or the Company's counsel or other professional advisors, and any Person whose consent or waiver may be necessary or desirable in order to consummate the transactions contemplated hereby, shall not be deemed to be "intended for" or to "result in public dissemination," for the purposes of the foregoing sentence. The Company agrees that the discussion (to the extent required under applicable securities laws) of the transactions contemplated hereby by Parent with Parent's lenders and stockholders, Parent's Affiliates (and their respective directors, officers, employees, partners and stockholders), Parent's counsel or other professional advisors, and any Person whose consent or waiver may be necessary or desirable in order to consummate the transactions contemplated hereby shall not be deemed to be "intended for" or to "result in public dissemination," for the purposes of this Section 10.1.