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Publicity; Non-Disclosure Sample Clauses

Publicity; Non-Disclosure. (a) The Company will disclose this Agreement on the Agreement Effective Date at 5:00 p.m. (EST) or promptly (but not more than four business days (as such term is defined by the SEC for purposes of filing deadlines for Form 8-K)) thereafter by publicly filing a Form 8-K or any periodic report required or permitted to be filed by the Company under the Exchange Act with the SEC or, if the SEC’s XXXXX filing system is not available, on a press release that results in prompt public dissemination of such information (the “Public Disclosure”). The Company will deliver drafts to the Ad Hoc Group Advisors of such Public Disclosure at least twenty-four (24) hours (or such shorter time as may be agreed by the Ad Hoc Group Advisors) before making any such disclosure. Any Public Disclosure shall be reasonably acceptable to the Company Parties and reasonably acceptable to the Required Consenting Lenders. For the avoidance of doubt, the Company Parties shall be permitted to make any Public Disclosure upon the failure of the Required Consenting Lenders (including by or through the Ad Hoc Group Advisors) to respond within twenty-four (24) hours of receipt of such consent request. Under no circumstances may any Party make any Public Disclosure of any kind that would disclose either: (a) the holdings of any Consenting Term Lender (including on the signature pages of the Consenting Term Lenders, which shall not be publicly disclosed or filed) of any Existing Term Loans, or of any other debt obligations of the Company, whether prior to or after the consummation of the Transactions, or (b) the identity of any Consenting Term Lender, in each case without the prior written consent of such Consenting Term Lender or an order of a court of competent jurisdiction or as otherwise required by applicable securities laws as reasonably as determined by a Party based on reasonable advice of external counsel; provided that, notwithstanding the foregoing, the Company Parties shall not be required to keep confidential the aggregate holdings of all Consenting Term Lenders, and each Consenting Term Lender hereby consents to the disclosure of the execution of this Agreement by the Company Parties, and the terms and contents hereof, to the administrative agents or collateral agents under the Existing Term Loan Documents and in any filings required by applicable law or regulation or the rules of any applicable stock exchange or regulatory body. (b) Other than as may be required by applicable law ...
Publicity; Non-Disclosure. The Company will disclose this Agreement on the Agreement Effective Date at 5:00 p.m. (EST) or promptly thereafter (but, in any event, no later than 11:59 p.m. (EST) on the Agreement Effective Date) by publicly filing a Form 8-K or any periodic report required or permitted to be filed by the Company under the Exchange Act with the SEC or, if the SEC’s XXXXX filing system is not available, on a press release that results in prompt public dissemination of such information (the “Public Disclosure”). As promptly as reasonably practicable, the Company will provide the Revolving Lenders and the Consenting Noteholders with a draft of the Public Disclosure for review, and the Company will incorporate any reasonable additions or modifications to the Public Disclosure from the Revolving Lenders or the Consenting Noteholders, such that the Public Disclosure will be in a form acceptable to the Parties hereto in their reasonable discretion. For the avoidance of doubt, the Public Disclosure will not contain the holdings information or identity of any of the Revolving Lenders or Consenting Noteholders.
Publicity; Non-Disclosure. The Company agrees to file with the SEC a Report on Form 8-K regarding this agreement by no later than 5:00 pm Eastern Time, May 15, 2007. The Company hereby unconditionally agrees that without the prior written consent of the Buyer, the Company shall not issue any other press release or make any other public disclosure of any kind whatsoever with respect to (i) the Buyer, its employees, its managers, or any of its affiliates, (ii) the Purchase Agreement or the transactions contemplated under the Purchase Agreement, (iii) this Agreement, and (iv) the termination of the Purchase Agreement. In addition, the Company hereby unconditionally agrees that without the prior written consent of the Buyer, the Company shall not make any other written or verbal communication of any kind whatsoever with respect to (i) the Buyer, its employees, its managers, or any of its affiliates, (ii) the Purchase Agreement or the transactions contemplated under the Purchase Agreement, (iii) this Agreement, and (iv) the termination of the Purchase Agreement.
Publicity; Non-Disclosure. (a) The Company will disclose this Agreement by publicly filing a Form 8-K or any periodic report required or permitted to be filed by the Company under the Exchange Act with the SEC or, if the SEC’s XXXXX filing system is not available, on a press release that results in prompt public dissemination of such information (the “Public Disclosure”) prior to 8:00 a.m. (New York Time) on the first business day following the Agreement Effective Date. (b) For the avoidance of doubt, any public dissemination of information concerning this Agreement will not contain the individual holdings information of any of the Consenting Senior Noteholders but may contain the Consenting Senior Noteholder Aggregate. (c) Unless required by applicable law or regulation, the Company Parties agree to keep confidential the holdings information (including with respect to the Senior Notes Claims, and any other Company Claims/Interests) (except the Consenting Senior Noteholder Aggregate) of each of the Consenting Senior Noteholders from time to time absent the prior written consent of any such Consenting Senior Noteholder; and if such announcement or disclosure of the holdings information of any Consenting Senior Noteholder(s) is so required by law or regulation, the Company Parties shall provide each affected Consenting Senior Noteholder with advance notice of their intent to disclose such holdings information and shall afford each of the Consenting Senior Noteholders a reasonable opportunity to (i) seek a protective order or other appropriate remedy or (ii) review and comment upon any such announcement or disclosure prior to the Company Parties making such announcement or disclosure. When attaching a copy of this Agreement to the Public Disclosure as required by this Section 15.20, the Company will redact any reference to a specific Consenting Senior Noteholder or its holdings information, including in the signature pages hereto. The foregoing shall not prohibit the Company from disclosing the Consenting Senior Noteholder Aggregate.
Publicity; Non-DisclosureThe Company Parties shall deliver drafts to counsel to the Consenting Noteholders and counsel to SoftBank of any press releases and public documents that constitute disclosure of the existence or terms of this Agreement or any amendment to the terms of this Agreement to the general public (each a “Public Disclosure”), to the extent reasonably practicable, at least two calendar days before making any such disclosure, and counsel to the Consenting Noteholders and counsel to SoftBank shall be authorized to share such Public Disclosure with their respective clients that have entered into a Confidentiality Agreement with a Company Party. Any Public Disclosure shall be reasonably acceptable to the Required Consenting Noteholders and SoftBank. Under no circumstances may any Party make any public disclosure of any kind that would disclose either: (a) the holdings of any Consenting Noteholder or the holding of Secured Notes Claims or Unsecured Notes Claims of SoftBank (including on the signature pages of the Consenting Noteholders or SoftBank, as applicable, which shall not be publicly disclosed or filed) or (b) the identity of any Consenting Noteholder without the prior written consent of such Consenting Noteholder unless required by applicable Law; provided, however, notwithstanding the foregoing, the Company Parties shall not be required to keep confidential the aggregate holdings of all Consenting Noteholders, and each Consenting Noteholder hereby consents to the disclosure of the execution of this Agreement by the Company Parties, and the terms hereof, in any filings by the Company Parties with the SEC, or as otherwise required by applicable Law.
Publicity; Non-Disclosure. All notices to third parties and all other publicity concerning the transactions contemplated by this Agreement shall be jointly planned and coordinated by and between Buyer and Seller. Neither of the parties shall act unilaterally in this regard without the prior written approval of the other party, which approval shall not be unreasonably withheld. Except by mutual agreement or as may be required to obtain financing for the transactions contemplated by this Agreement or unless compelled to disclose by judicial or administrative process or by other requirements of law, no party shall disclose any of the terms and conditions of this Agreement except as may be necessary to enforce its terms, or as ordered by a court of competent jurisdiction.
Publicity; Non-Disclosure. The Company agrees to file with the SEC a Current Report on Form 8-K containing the following language regarding this Agreement:
Publicity; Non-Disclosure. Except as otherwise required by law, none of the parties hereto shall make any public disclosure of any part or all of the terms and conditions of this Agreement or issue any press release or make any other public statement of the terms and conditions of this Agreement without obtaining the prior written approval of Seller and Buyer to the contents and manner of presentation and publication thereof. To the extent that any such disclosure is required by law, the disclosing party shall provide Buyer or, as the case may be, Seller with written notice of such required disclosure prior to such disclosure and Buyer or, as the case may be, Seller shall review and approve the proposed disclosure, which approval shall not be unreasonably withheld. Notwithstanding the foregoing, the parties agree and acknowledge that neither party shall be restricted following the Closing Date from disclosing without the consent of the other party the fact that the transactions contemplated by this Agreement have been consummated. [The remainder of this page is intentionally left blank.]
Publicity; Non-Disclosure. The Seller and Buyer agree that each of Buyer and the Seller will be authorized to issue a press release announcing the consummation of the transactions contemplated by this Agreement, subject to prior review and approval of the other party. Except as provided in the preceding sentence, Buyer and the Seller will not issue any publication or press release, or disclose to any third party (except for their respective advisors, counsel and other agents, provided that Buyer and the Seller will remain liable for any disclosures in violation of the provisions of this Section by such persons) the existence or provisions of this Agreement, the transactions contemplated hereby or the negotiations preceding the execution hereof, except as may be required by (i) applicable law, including disclosures required by the securities laws, (ii) an order of a court or governmental or administrative body, or (iii) obligations pursuant to any listing agreement with any securities exchange or securities exchange regulation.
Publicity; Non-Disclosure. The Company will disclose this Agreement on the Agreement Effective Date at 5:00 p.m. (EST) or promptly thereafter (but, in any event, no later than 11:59 p.m. (EST) on the Agreement Effective Date) by publicly filing a Form 8-K or any periodic report required or permitted to be filed by the Company under the Exchange Act with the SEC or, if the SEC's XXXXX filing system is not available, on a press release that results in prompt public dissemination of such information (the "Public Disclosure"). As promptly as reasonably practicable, but in any event no later than 24 hours prior to the Public Disclosure, the Company will provide the Sureties with a draft of the Public Disclosure for review, and the Company will incorporate any additions or modifications to the Public Disclosure from the Sureties, such that the Public Disclosure will be in a form acceptable to the Parties hereto in their reasonable discretion.