Common use of Public Statements; Confidentiality Clause in Contracts

Public Statements; Confidentiality. Seller and Purchaser agree that, unless otherwise required by law, they will not make any public statement, including without limitation, any press release, with respect to this Agreement and the transactions contemplated hereby without first allowing the other party an opportunity to review such statement and render an approval thereof. It is the intention of this subparagraph that Seller and Purchaser must agree as to the timing and content of any information contained in any public statement or press release regarding the transaction contemplated hereby. The parties agree to exercise reasonableness when asked to consent to the content of any such press release or other public statement regarding this transaction. Notwithstanding the above, either party may make any public disclosure required by law (such as disclosures required by Form 8-K) without the consent of the other party. Any information supplied by Seller to Purchaser pursuant hereto will be treated as confidential and will not be communicated to any third parties (other than Purchaser’s counsel, accountants and other experts advising Purchaser in connection with this transaction). Such information will be made available by Purchaser only on a need to know basis. The obligation of confidentiality does not apply to any information which: (i) was in the public domain at the time of its communication to Purchaser or its representative, (ii) enters the public domain through no fault of Purchaser subsequent to the time of its communication to Purchaser, and (iii) was in the possession of Purchaser free of any obligation of confidence at the time of its communication to Purchaser or its representatives. SIGNATURE PAGE TO REAL PROPERTY PURCHASE AGREEMENT BY AND BETWEEN KRISPY KREME DOUGHNUT CORPORATION, SELLER, and XXXXXX BAKERIES, INC., PURCHASER

Public Statements; Confidentiality. Neither the Seller and nor the Purchaser agree that, unless otherwise required by law, they will not make shall issue (nor shall the Seller permit the Company or any public statement, including without limitation, of its Affiliates to issue) any press release, with respect to this Agreement and the transactions contemplated hereby without first allowing the other party an opportunity to review such statement and render an approval thereof. It is the intention of this subparagraph that Seller and Purchaser must agree as to the timing and content of any information contained in any public statement or press release regarding the transaction contemplated hereby. The parties agree to exercise reasonableness when asked to consent to the content of any such press release or other public statement regarding concerning the transactions contemplated by this transaction. Notwithstanding Agreement at any time and in any event without first providing the above, either party may make any public disclosure required by law (other with a written copy of the text of such as disclosures required by Form 8-K) without release or statement and obtaining the consent of the other party. Any information supplied by Seller to Purchaser pursuant hereto will respecting such release or statement (which consent may be treated as confidential and withheld in each Party’s sole discretion), except that such consent will not be communicated required to the extent disclosure may be required by a Requirement of Law (including, without limitation, stock exchange regulation) or to secure regulatory approval of the transactions contemplated by this Agreement. The Purchaser and the Seller shall keep, and shall cause their respective Affiliates and its and their respective officers, directors, employees and agents to keep, this Agreement, the terms hereof (including, without limitation, the identity of the Purchaser and the Seller), and all documents and information relating hereto, or furnished pursuant to or in connection with, this Agreement or the transactions contemplated hereby confidential, except to the extent disclosure may be required by a Requirement of Law (including, without limitation, stock exchange regulation) or to secure regulatory approval of the transactions contemplated by this Agreement; provided, however, that the Party required to make such disclosure provides the other Party with notice thereof to the extent legally permissible. If the other Party seeks an appropriate protective order or other such remedy as such Party deems appropriate prior to such disclosure, the Party required to make such disclosure (at the other Party’s sole expense) shall provide reasonable cooperation and cause its representatives to provide reasonable cooperation to the other Party in seeking any third parties (other than such remedy. Notwithstanding the foregoing, following the Closing, the restrictions set forth in this Section 11.5 shall not apply to Purchaser’s counselor any of its Affiliates’ use of documents and information concerning the Company furnished by or on behalf of the Company or the Seller. In the event the transactions contemplated hereby are not consummated and this Agreement is terminated, accountants upon the request of the other Party, each Party shall, and shall cause its Affiliates, promptly (and in no event later than five (5) days after such request) to redeliver or cause to be redelivered all copies of documents and information furnished by the other experts advising Purchaser Party in connection with this transaction)Agreement or the transactions contemplated hereby and destroy or cause to be destroyed all notes, memoranda, summaries, analyses, compilations and other writings related thereto or based thereon prepared by the Party that furnished such documents and information or its officers, directors, employees and agents. Such information will be made available by Notwithstanding any other provision of this Agreement, the Seller, the Purchaser only on a need and the Company (including any of their respective employees, representatives or other agents) may disclose to know basis. The obligation any and all Persons, without limitation of confidentiality any kind, the tax treatment and tax structure of this Agreement and all materials of any kind (including opinions or other tax analyses) that are provided to the Seller, the Purchaser and the Company relating to such tax treatment or tax structure; provided that the foregoing does not apply constitute an authorization to any disclose information which: (i) was in identifying the public domain at Seller, the time of its communication to Purchaser or its representativethe Company or any parties to transactions engaged by the Seller, the Purchaser and the Company or (ii) enters the public domain through no fault of Purchaser subsequent except to the time of its communication extent relating to Purchaser, and (iiisuch tax structure or tax treatment) was in the possession of Purchaser free of any obligation of confidence at the time of its communication to Purchaser nonpublic commercial or its representatives. SIGNATURE PAGE TO REAL PROPERTY PURCHASE AGREEMENT BY AND BETWEEN KRISPY KREME DOUGHNUT CORPORATION, SELLER, and XXXXXX BAKERIES, INCfinancial information., PURCHASER

Public Statements; Confidentiality. Seller Except as required by law or as necessary to obtain the Court Order and approval of the Form A, Purchaser and Conservator shall not engage in, encourage, or support any publicity or disclosure of any kind or form in connection with this Agreement or the transactions contemplated hereby unless Purchaser and Conservator mutually agree thatin advance on the form, unless otherwise timing, and contents of any such publicity, announcement, or disclosure, whether to the financial community, Governmental Authorities, or to the public generally. Purchaser and Conservator may disclose the transactions contemplated by this Agreement without the consent or agreement of the other party to their members, directors, officers, employees and agents that are bound by similar confidentiality provisions, the CDI and the Conservation Court if it believes that such disclosure is required or advisable provided that it describes such intended disclosure to the other party hereto in advance and the disclosing party seeks confidential treatment for such portions of the disclosure or filing as may be requested by the other party. Notwithstanding the foregoing, nothing in this Section 12.4 shall prohibit Purchaser from disclosing the transactions contemplated pursuant to this Agreement to financial institutions in negotiations regarding financing related to such transactions. Purchaser and Conservator shall keep this Agreement, the terms hereof, and all documents and information relating hereto, or furnished pursuant to, or in connection with this Agreement, or the transactions contemplated hereby, confidential, except as may be required by law. No party or its respective affiliates, they will not make any public statementofficers, including without limitationdirectors, members or principals shall use the name of the other party in any press release, notice or other publication without the prior written consent of such other party, which shall not be unreasonably withheld or delayed, provided, however, that this subparagraph of Section 12.4 shall not apply with respect to this Agreement and the transactions contemplated hereby without first allowing the other party an opportunity to review such statement and render an approval thereof. It is the intention of this subparagraph that Seller and Purchaser must agree as to the timing and content of any information contained in any public statement or press release regarding the transaction contemplated hereby. The parties agree to exercise reasonableness when asked to consent to the content of any such press release or other public statement regarding this transaction. Notwithstanding the above, either party may make any public disclosure required by law (such as disclosures required by Form 8-K) without the consent of the other party. Any information supplied by Seller to Purchaser pursuant hereto will be treated as confidential and will not be communicated to any third parties (other than Purchaser’s counsel, accountants and other experts advising Purchaser in connection communications with this transaction). Such information will be made available by Purchaser only on a need to know basis. The obligation of confidentiality does not apply to any information which: (i) was in the public domain at the time of its communication to Purchaser or its representativeAmTrust North America, Inc.; (ii) enters the public domain through no fault of Purchaser subsequent to the time of its communication to Purchaser, and CDI; (iii) was in any Governmental Authority that issued any of the possession Certificates of Purchaser free of any obligation of confidence at Authority; or (iv) the time of its communication to Purchaser or its representatives. SIGNATURE PAGE TO REAL PROPERTY PURCHASE AGREEMENT BY AND BETWEEN KRISPY KREME DOUGHNUT CORPORATION, SELLER, and XXXXXX BAKERIES, INCCompany’s former shareholders., PURCHASER

Public Statements; Confidentiality. Neither the Seller and nor the Purchaser agree that, unless otherwise required by law, they will not make shall issue (nor shall the Seller permit the Company or any public statement, including without limitation, of its Affiliates to issue) any press release, with respect to this Agreement and the transactions contemplated hereby without first allowing the other party an opportunity to review such statement and render an approval thereof. It is the intention of this subparagraph that Seller and Purchaser must agree as to the timing and content of any information contained in any public statement or press release regarding the transaction contemplated hereby. The parties agree to exercise reasonableness when asked to consent to the content of any such press release or other public statement regarding concerning the transactions contemplated by this transaction. Notwithstanding Agreement at any time and in any event without first providing the above, either party may make any public disclosure required by law (other with a written copy of the text of such as disclosures required by Form 8-K) without release or statement and obtaining the consent of the other party. Any information supplied by Seller to Purchaser pursuant hereto will respecting such release or statement (which consent may be treated as confidential and withheld in each Party’s sole discretion), except that such consent will not be communicated required to the extent disclosure may be required by a Requirement of Law (including, without limitation, stock exchange regulation) or to secure regulatory approval of the transactions contemplated by this Agreement. The Purchaser and the Seller shall keep, and shall cause their respective Affiliates and its and their respective officers, directors, employees and agents to keep, this Agreement, the terms hereof (including, without limitation, the identity of the Purchaser and the Seller), and all documents and information relating hereto, or furnished pursuant to or in connection with, this Agreement or the transactions contemplated hereby confidential, except to the extent disclosure may be required by a Requirement of Law (including, without limitation, stock exchange regulation) or to secure regulatory approval of the transactions contemplated by this Agreement; provided, however, that the Party required to make such disclosure provides the other Party with notice thereof to the extent legally permissible. If the other Party seeks an appropriate protective order or other such remedy as such Party deems appropriate prior to such disclosure, the Party required to make such disclosure (at the other Party’s sole expense) shall provide reasonable cooperation and cause its representatives to provide reasonable cooperation to the other Party in seeking any third parties (other than such remedy. Notwithstanding the foregoing, following the Closing, the restrictions set forth in this Section 11.6 shall not apply to Purchaser’s counselor any of its Affiliates’ use of documents and information concerning the Company furnished by or on behalf of the Company or the Seller. In the event the transactions contemplated hereby are not consummated and this Agreement is terminated, accountants upon the request of the other Party, each Party shall, and shall cause its Affiliates, promptly (and in no event later than five (5) days after such request) to redeliver or cause to be redelivered all copies of documents and information furnished by the other experts advising Purchaser Party in connection with this transaction)Agreement or the transactions contemplated hereby and destroy or cause to be destroyed all notes, memoranda, summaries, analyses, compilations and other writings related thereto or based thereon prepared by the Party that furnished such documents and information or its officers, directors, employees and agents. Such information will be made available by Notwithstanding any other provision of this Agreement, the Seller, the Purchaser only on a need and the Company (including any of their respective employees, representatives or other agents) may disclose to know basis. The obligation any and all Persons, without limitation of confidentiality any kind, the tax treatment and tax structure of this Agreement and all materials of any kind (including opinions or other tax analyses) that are provided to the Seller, the Purchaser and the Company relating to such tax treatment or tax structure; provided that the foregoing does not apply constitute an authorization to any disclose information which: (i) was in identifying the public domain at Seller, the time of its communication to Purchaser or its representativethe Company or any parties to transactions engaged by the Seller, the Purchaser and the Company or (ii) enters the public domain through no fault of Purchaser subsequent except to the time of its communication extent relating to Purchaser, and (iiisuch tax structure or tax treatment) was in the possession of Purchaser free of any obligation of confidence at the time of its communication to Purchaser nonpublic commercial or its representatives. SIGNATURE PAGE TO REAL PROPERTY PURCHASE AGREEMENT BY AND BETWEEN KRISPY KREME DOUGHNUT CORPORATION, SELLER, and XXXXXX BAKERIES, INCfinancial information., PURCHASER