Common use of Public Statements by the Company Clause in Contracts

Public Statements by the Company. The Company expressly agrees that it shall not, through present or future attorneys, officers, directors, employees, agents, or any other person authorized to speak for the Company make any public statement, in litigation or otherwise, contradicting the acceptance of responsibility by the Company set forth above or the facts described in the attached Statement of Facts. Any such contradictory statement shall, subject to cure rights of the Company described below, constitute a breach of this Agreement, and the Company thereafter shall be subject to prosecution as set forth in Paragraphs 26-30 of this Agreement. The decision whether any public statement by any such person contradicting a fact contained in the attached Statement of Facts will be imputed to the Company for the purpose of determining whether it has breached this Agreement shall be at the sole discretion of the Fraud Section. If the Fraud Section determines that a public statement by any such person contradicts, in whole or in part, a statement contained in the attached Statement of Facts, the Fraud Section shall so notify the Company, and the Company may avoid a breach of this Agreement by publicly repudiating such statement(s) within five business days after notification. The Company shall be permitted to raise defenses and to assert affirmative claims in other proceedings relating to the matters set forth in the attached Statement of Facts provided that such defenses and claims do not contradict, in whole or in part, a statement contained in the attached Statement of Facts. This Paragraph does not apply to any statement made by any present or former officer, director, employee, or agent of the Company in the course of any criminal, regulatory, or civil case initiated against such individual, unless such individual is speaking on behalf of the Company.

Public Statements by the Company. The Company LUMBER LIQUIDATORS expressly agrees that it shall not, through present or future attorneys, officers, directors, employees, agents, agents or any other person authorized to speak for the Company make any public statement, in litigation or otherwise, contradicting the acceptance of responsibility by the Company set forth above or the facts described in the attached Statement of Facts. Any such contradictory statement shall, subject to cure rights of the Company described below, constitute a breach of this Agreement, and the Company thereafter shall be subject to prosecution as set forth in Paragraphs 2616-30 20 of this Agreement. The decision whether any public statement by any such person contradicting a fact contained in the attached Statement of Facts will be imputed to the Company for the purpose of determining whether it has breached this Agreement shall be at the sole discretion of the Fraud SectionUnited States. If the Fraud Section United States determines that a public statement by any such person contradicts, contradicts in whole or in part, part a statement contained in the attached Statement of Facts, the Fraud Section United States shall so notify the Company, and the Company may avoid a breach of this Agreement by publicly repudiating such statement(s) within five business days after notification. The Company shall be permitted to raise defenses and to assert affirmative claims in other proceedings relating to the matters set forth in the attached Statement of Facts provided that such defenses and claims do not contradict, in whole or in part, a statement contained in the attached Statement of Facts. This Paragraph does not apply to any statement made by any present or former officer, director, employee, or agent of the Company in the course of any criminal, regulatory, or civil case initiated against such individual, unless such individual is speaking on behalf of the Company.

Public Statements by the Company. The Company Xxxxxxxx expressly agrees that it shall not, through present or future attorneys, officers, directors, employees, agents, agents or any other person authorized to speak for the Company Orthofix make any public statement, in litigation or otherwise, contradicting the acceptance of responsibility by the Company Xxxxxxxx set forth above or the facts described in the attached Statement of Facts. Any such contradictory statement shall, subject to cure rights of the Company Orthofix described below, constitute a breach of this Agreement, and the Company Orthofix thereafter shall be subject to prosecution as set forth in Paragraphs 2613-30 16 of this Agreement. The decision whether any public statement by any such person contradicting a fact contained in the attached Statement of Facts will be imputed to the Company Orthofix for the purpose of determining whether it Orthofix has breached this Agreement shall be at the sole discretion of the Fraud SectionDepartment. If the Fraud Section Department determines that a public statement by any such person contradicts, contradicts in whole or in part, part a statement contained in the attached Statement of Facts, the Fraud Section Department shall so notify the CompanyOrthofix, and the Company Orthofix may avoid a breach of this Agreement by publicly repudiating such statement(s) within five (5) business days after notification. The Company Xxxxxxxx shall be permitted in other proceedings to raise defenses and to assert affirmative claims in other proceedings relating to the matters set forth in the attached Statement of Facts claims, provided that such defenses and claims do not contradict, contradict in whole or in part, part a statement contained in the attached Statement of FactsFacts or criminal information filed in this case. This Paragraph paragraph does not apply to any statement made by any present or former officer, director, employee, or agent of the Company Orthofix employee in the course of any criminal, regulatory, or civil case initiated against such individual, unless such individual is speaking on behalf of the CompanyOrthofix’s behalf.

Public Statements by the Company. The Company expressly agrees that it shall not, through present or future attorneys, officers, directors, employees, agents, or any other person authorized to speak for the Company make any public statement, in litigation or otherwise, contradicting the acceptance of responsibility by the Company set forth above or the facts described in the attached Statement of Facts. Any such contradictory statement shall, subject to cure rights of the Company described below, constitute a breach of this Agreement, and the Company thereafter shall be subject to prosecution as set forth in Paragraphs 2629-30 33 of this Agreement. The decision whether any public statement by any such person contradicting a fact contained in the attached Statement of Facts will be imputed to the Company for the purpose of determining whether it has breached this Agreement shall be at the sole discretion of the Fraud SectionOffices. If the Fraud Section determines Offices determine that a public statement by any such person contradicts, in whole or in part, a statement contained in the attached Statement of Facts, the Fraud Section Offices shall so notify the Company, and the Company may avoid a breach of this Agreement by publicly repudiating such statement(s) within five business days after notification. The Company shall be permitted to raise defenses and to assert affirmative claims in other proceedings relating to the matters set forth in the attached Statement of Facts provided that such defenses and claims do not contradict, in whole or in part, a statement contained in the attached Statement of Facts. This Paragraph does not apply to any statement made by any present or former officer, director, employee, or agent of the Company in the course of any criminal, regulatory, or civil case initiated against such individual, unless such individual is speaking on behalf of the Company.