Publicity and SEC Filings. The Parties agree that the public announcement of the execution of this Agreement shall be by only one or more press releases mutually agreed to by the Parties. The failure of a Party to return a draft of a press release with its proposed amendments or modifications to such press release to the other Party within five (5) days of such Party’s receipt of such press release shall be deemed as such Party’s approval of such press release as received by such Party. Each Party agrees that it shall cooperate fully and in a timely manner with the other with respect to all disclosures to the Securities and Exchange Commission or any other governmental or regulatory agencies, including requests for confidential treatment of Confidential Information of either Party included in any such disclosure.
Publicity and SEC Filings. The parties agree that the public announcement of the execution of this Agreement shall only be by one or more press releases mutually agreed to by the parties by way of written consent prior to publication. Each party agrees that it shall cooperate fully and in a timely manner with the other with respect to all disclosures to the Securities and Exchange Commission and any other governmental or regulatory agencies, including requests for confidential treatment of Confidential Information of either party included in any such disclosure.
Publicity and SEC Filings. Except as otherwise provided in Section 10.4 or this Section 10.5, any public announcement of the execution of this Agreement may only be by one or more press releases mutually agreed to by the Parties. Unless the prior written consent of the other Party is obtained, no Party shall, except as may be otherwise allowed under Section 10.3 or required by, or necessary to comply with any SEC filing requirements, in any manner disclose or advertise or publish or release for publication any statement mentioning the other Party or information contained in this Agreement, or the existence of this Agreement, or the fact that any Party has furnished or contracted to furnish the other Party the items required by this Agreement, or quote the opinion of any employee of the other Party. In the event a Party is required by any SEC filing requirements to disclose such information (the “Discloser”), or it is necessary to disclose such information to comply with any SEC filing requirements, the other Party (“Non-Discloser”) shall cooperate fully and in a timely manner with the Discloser with respect to all disclosures to the SEC; the Discloser will give the Non-Discloser a reasonable opportunity to review the information to be disclosed and provide the Discloser with proposals regarding requests for confidential treatment for such information. Notwithstanding anything else in this Agreement, NUVELO may disclose this Agreement, its terms, conditions and exhibits in filings with the SEC as necessary to comply with the rules and regulations promulgated by the SEC in all instances, without any limitation upon such disclosure. Notwithstanding anything else in this Article 10, either Party may communicate to its investors, third parties and the public any information disclosed publicly or made publicly available in accordance with this Article 10.
Publicity and SEC Filings. The Parties agree that the public announcement of the execution of this Agreement shall only be by one or more press releases mutually agreed to by the Parties. The failure of a Party to return a draft of a press release with its proposed amendments or modifications to such press release to the other Party within two (2) Business Days of the Party’s receipt of such press release shall be deemed as approval of such press release as received by it. Unless the prior written consent of the other Party is obtained, no Party shall, except as may be required by Law (including without limitation any SEC filings required or similar filings in a foreign jurisdiction) in any manner disclose or advertise or publish or release for publication any statement mentioning the other Party or information contained in or acquired pursuant to this Agreement, or the fact that any Party has furnished or contracted to furnish the other Party the items required by this Agreement, or quote the opinion of any employee of the other Party, unless, in each case, permitted as provided elsewhere in this Section
Publicity and SEC Filings. The Parties agree that the public announcement of the execution of this Agreement shall only be by one or more press releases mutually agreed to by the Parties. The failure of a Party to return a draft of a press release with its proposed amendments or modifications to such press release to the other Party within five (5) days of such Party’s receipt of such press release shall be deemed as such Party’s approval of such press release as received by such Party. Each Party agrees that it shall cooperate fully and in a timely manner with the other with DocuSign Envelope ID: 4753CEFB-DE1B-430A-AE53-AD234F582049
Publicity and SEC Filings. Unless the prior written consent of the other party is obtained, no party shall, except as may be required by law or regulations (including without limitation any United States Securities and Exchange Commission filings required), in any manner disclose or advertise or publish or release for publication any statement mentioning the other party or information contained in or acquired pursuant to this Agreement, or the fact that any party has furnished or contracted to furnish to the other party the items required by this Agreement, or quote the opinion of any employee of the other party. BAXTER acknowledges that AMYLIN is required to file a Form 8-K, disclosing the existence of and the material, non-confidential terms of this Agreement. BAXTER further acknowledges that AMYLIN is required to disclose to its investors the existence of this Agreement. Each party agrees that it shall cooperate fully and in a timely manner with the other with respect to all disclosures to the Securities and Exchange Commission and any other governmental or regulatory agencies, including providing sufficient time to review requests for confidential treatment of Confidential Information of either party included in any such disclosure.
Publicity and SEC Filings. (a) The initial press release regarding the issuance and sale of the Purchased Shares and the other transactions contemplated under this Agreement shall be a joint press release in the form heretofore agreed to by the Parties. Following the release of such initial press release, the Company and the Investor shall consult with each other prior to (i) issuing any press releases or otherwise making public announcements, disclosures or communications or (ii) making any filings, furnishings or submissions of documents with or to any third party or any Governmental Entity (including any national securities exchange or interdealer quotation service), in each case, with respect to the issuance and sale of the Purchased Shares and the other transactions contemplated under this Agreement and, in each case, except as may be required by applicable law or regulation or by obligations pursuant to any listing agreement with or rules of any national securities exchange or interdealer quotation service, by the request of any Governmental Entity, in which case the Party making the disclosure shall give the other Party reasonable opportunity to review and comment upon such disclosure or communication to the extent reasonably practicable and legally permitted; provided that no prior consultation with the other Party or opportunity for the other Party to review and comment shall be required for a Party’s disclosures or communications in response to a routine inquiry of a Governmental Entity. Notwithstanding the foregoing, the Company and the Investor each may, without such consultation or consent, make such disclosures and communications (a) in response to inquiries from the press or analysts, or via presentations, publicly available conference calls and other forums to employees, customers, suppliers and investors to the extent such communications are consistent in substance with previous public communications that have been reviewed and previously approved by both the Company and the Investor or (b) in connection with any dispute between the Parties regarding this Agreement, the issuance and sale of the Purchased Shares or any of the other transactions contemplated under this Agreement.
(b) The Investor shall provide the Company and its representatives with a copy of the amendment to its Schedule 13D prior to its filing with the SEC on the date of public announcement of this Agreement, and shall consider any comments of the Company and its representatives.
Publicity and SEC Filings. Except as may be required by law (including without limitation any filings required by rules and regulations promulgated by the United States Securities and Exchange Commission (the “SEC”)), neither Party shall issue any press release, publicity, or other public disclosure related to this Agreement or the other Party without the prior written consent of the other Party, which shall not be unreasonably withheld. In the event either Party is required by law or regulations to disclose such information, such Party shall provide written notice to the other Party, and the Parties shall cooperate fully and in a timely manner to remove any specifically identified Confidential Information, or to take any other such steps as reasonably necessary to protect such Confidential Information. Xxxxxx acknowledges that this Agreement could, with respect to EKR, reasonably be deemed to be (i) a contract not made in the ordinary course of business which is material to EKR or (ii) a contract upon which EKR’s business is substantially dependent (a “Material Contract”) under Item 601(b)(10) of Regulation S-K promulgated by the SEC. Xxxxxx may communicate information to investors to the extent made public by EKR.
Publicity and SEC Filings. CUSTOMER and POLYPEPTIDE agree that no public announcement of the execution or terms of this Agreement shall be made without the prior written consent of POLYPEPTIDE, IRONWOOD and FOREST. In the event that any of the parties are obligated to make disclosure in satisfaction of requirements of the Securities and Exchange Commission or any other governmental or regulatory agencies, the parties shall cooperate fully and in a timely manner to see that the filings are made and confidential treatment is sought with respect to Confidential Information of the parties.
Publicity and SEC Filings. The parties agree that the public announcement of the execution of this Agreement shall only be by one or more press releases mutually agreed to by the parties. The failure of a party to return a draft of a press release with its proposed amendments or modifications to such press release to the other party within five (5) business days of such party's receipt of such press release shall be deemed as such party's approval of such press release as received by such party. Each party agrees that it shall cooperate fully and in a timely manner with the other with respect to all disclosures to the *** Confidential material redacted and submitted separately to the Commission Securities and Exchange Commission and any other governmental or regulatory agencies, including requests for confidential treatment of Confidential Information of either party included in any such disclosure.
