Publicity; Non-Disclosure. The 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. 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. 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. (a) None of the Sellers, ARI or URI shall ------------------------- issue any press release or public announcement concerning this Agreement or the transactions contemplated hereby without obtaining the prior written approval of the other parties hereto, which approval will not be unreasonably withheld or delayed; provided, however, that URI may, in its exclusive judgement and -------- ------- discretion, make such disclosure as URI deems is required by applicable Law or by the rules of any stock exchange on which any securities of URI are listed.
Publicity; Non-Disclosure. The Company agrees to file with the SEC a Current Report on Form 8-K regarding this agreement, and issue the press release referenced therein, by no later than 5:00 pm Eastern Time, July 20, 2007.
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 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 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.
