Common use of Publicity; Non-Disclosure Clause in Contracts

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. (a) 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 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 amendment periodic report required or permitted to be filed by the terms 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 this Agreement to such information (the general public (each a “Public Disclosure”), . The Company will deliver drafts to the extent reasonably practicable, Ad Hoc Group Advisors of such Public Disclosure at least two calendar days twenty-four (24) hours (or such shorter time as may be agreed by the Ad Hoc Group Advisors) 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 Company Parties and reasonably acceptable to the Majority Consenting Noteholders and SoftBankTerm Lenders. For the avoidance of doubt, the Company Parties shall be permitted to make any Public Disclosure upon the failure of the Majority Consenting Term 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 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 Term Lender (including on the signature pages of the Consenting Noteholders or SoftBank, as applicableTerm 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 Noteholder Term Lender, in each case without the prior written consent of such Consenting Noteholder unless Term Lender or an order of a court of competent jurisdiction or as otherwise required by applicable Lawsecurities laws as reasonably as determined by a Party based on reasonable advice of external counsel; provided, howeverprovided that, 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 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 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 amendment periodic report required or permitted to be filed by the terms 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 this Agreement to such information (the general public (each a “Public Disclosure”), to the extent . As promptly as reasonably practicable, at least two calendar days before making but in any such disclosureevent no later than twenty-four (24) hours prior to the Public Disclosure, the Company will provide the Required Consenting Noteholders with a draft of the Public Disclosure for review, and counsel the Company will incorporate any additions or modifications to the Consenting Noteholders and counsel to SoftBank shall be authorized to share such Public Disclosure with their respective clients from the Required Consenting Noteholders, such that have entered into a Confidentiality Agreement with a Company Party. Any the Public Disclosure shall will be reasonably in a form acceptable to the Required Consenting Noteholders and SoftBankin their reasonable discretion. Under no circumstances may any Party make any public disclosure For the avoidance of doubt, the Public Disclosure will not contain the holdings information of any kind of the Consenting Noteholders. For the further avoidance of doubt, the Public Disclosure will contain as exhibits all materials marked as “Confidential Information” that would disclose either: (a) the holdings of any Consenting Noteholder were transmitted to all or the holding of Secured Notes Claims or Unsecured Notes Claims of SoftBank (including on the signature pages some of the Consenting Noteholders or SoftBank, as applicable, which shall not be publicly disclosed or filed) or (b) in accordance with the identity of any non-disclosure agreements executed by each such Consenting Noteholder without and the Company during the month of May 2020. Unless required by applicable law or regulation, the Company agrees to keep confidential the holdings information (including with respect to the Senior Notes Claims, and any other Claims against and interests in the Credit Parties) of the Consenting Noteholders as of the date hereof and at any time hereafter absent the prior written consent of any such Consenting Noteholder unless Noteholder; and if such announcement or disclosure of the holdings information of the Consenting Noteholders is so required by applicable Law; provided, however, notwithstanding the foregoinglaw or regulation, the Company Parties shall not be required to keep confidential the aggregate holdings of all Consenting Noteholders, and provide each Consenting Noteholder hereby consents with advanced notice of its intent to disclose such holdings information and shall afford each of the Consenting 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 disclosure of the execution Company making such announcement or disclosure. When attaching a copy of this Agreement to the Public Disclosure as required by this Section 25, the Company Partieswill redact any reference to a specific Consenting Noteholder or its holdings information and its backstopping allocation, including the signature pages hereto and the terms hereof, in any filings by amounts listed on Schedule I of the Transaction Term Sheet. The foregoing shall not prohibit the Company Parties with from disclosing the SEC, or as otherwise required aggregate Senior Notes Claims held by applicable Lawall of the Consenting Noteholders together.

Publicity; Non-Disclosure. The Company Parties shall deliver drafts to counsel (a) Notwithstanding anything to the contrary in any confidentiality agreement or non-disclosure agreement between the Company and any Consenting Noteholders and counsel to SoftBank of any press releases and public documents that constitute disclosure of Party, the existence or terms of Company will disclose this Agreement no later than 8:00 a.m. (EST) on January 26, 2024 by publicly filing a Form 8-K or any amendment periodic report required or permitted to be filed by the terms 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 this Agreement to such information (the general public (each a “Public Disclosure”), . The Company will deliver drafts to the extent reasonably practicableAd Hoc Group Advisors, the Specified Lumen Tech Consenting Parties Advisors and the Existing Lumen Tech Revolving Lender Advisors of such Public Disclosure at least two one (1) calendar days day 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 Company Parties and reasonably acceptable to the Majority Consenting Noteholders Parties, the Majority Consenting Lumen Tech Revolving Lenders and SoftBankthe Majority Specified Lumen Tech Consenting Parties (such acceptance not to be unreasonably withheld, conditioned or delayed). Under no circumstances may any Party make any public disclosure Public Disclosure of any kind that would disclose either: (a) the holdings of any current or former Consenting Noteholder or the holding of Secured Notes Claims or Unsecured Notes Claims of SoftBank Party (including on the signature pages of the Consenting Noteholders or SoftBank, as applicableParties, which shall not be publicly disclosed or filed) of any Existing Debt, 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 current or former Consenting Noteholder Party, in each case without the prior written consent of such Consenting Noteholder unless required by applicable LawParty or an order of a court with competent jurisdiction; provided, however, that, notwithstanding the foregoing, the Company Parties shall not be required to keep confidential the aggregate holdings of all Consenting NoteholdersParties, and each Consenting Noteholder Party 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, collateral agents, or trustees under the Existing Documents, and in any filings by the Company Parties with the SEC, or as otherwise required by applicable Lawlaw or regulation or the rules of any applicable stock exchange or regulatory body.

Publicity; Non-Disclosure. (a) 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 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 amendment periodic report required or permitted to be filed by the terms 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 this Agreement to such information (the general public (each a “Public Disclosure”), . The Company will deliver drafts to the extent reasonably practicable, Advisors of such Public Disclosure at least two calendar days one (1) Business Day 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 Company Parties and reasonably acceptable to the Majority Consenting Noteholders and SoftBankParties. For the avoidance of doubt, the Company Parties shall be permitted to make any Public Disclosure upon the failure of the Majority Consenting Parties (including by or through the Advisors) to respond within one (1) Business Day of receipt of such consent request. Under no circumstances may any Party make any public disclosure 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 Party (including on the signature pages of the Consenting Noteholders or SoftBank, as applicableParties, which shall not be publicly disclosed or filed) of any Existing Debt, 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 Noteholder Party, in each case without the prior written consent of such Consenting Noteholder unless required by applicable LawParty or an order of a court with competent jurisdiction; provided, however, that, notwithstanding the foregoing, the Company Parties shall not be required to keep confidential the aggregate holdings of all Consenting NoteholdersParties, and each Consenting Noteholder Party 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, collateral agents, or trustees under the Existing Documents, and in any filings by the Company Parties with the SEC, or as otherwise required by applicable Lawlaw or regulation or the rules of any applicable stock exchange or regulatory body.

Publicity; Non-Disclosure. (a) 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 will disclose this Agreement on October 31, 2023 substantially simultaneous with the time that the Company publicly disseminates its earnings results for the fiscal quarter ended September 30, 2023, which time is expected to occur by 5:00 p.m. (EST) on October 31, 2023 (but, in any event, no later than 9:00 a.m. (EST) on November 1, 2023) by publicly filing a Form 8-K or any amendment periodic report required or permitted to be filed by the terms 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 this Agreement to such information (the general public (each a “Public Disclosure”), . The Company will deliver drafts to the extent reasonably practicable, Ad Hoc Group Advisors of such Public Disclosure at least two calendar days one (1) Business Day 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 Company Parties and reasonably acceptable to the Majority Consenting Noteholders and SoftBankParties (such acceptance not to be unreasonably withheld, conditioned or delayed). Under no circumstances may any Party make any public disclosure Public Disclosure of any kind that would disclose either: (a) the holdings of any current or former Consenting Noteholder or the holding of Secured Notes Claims or Unsecured Notes Claims of SoftBank Party (including on the signature pages of the Consenting Noteholders or SoftBank, as applicableParties, which shall not be publicly disclosed or filed) of any Existing Debt, 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 current or former Consenting Noteholder Party, in each case without the prior written consent of such Consenting Noteholder unless required by applicable LawParty or an order of a court with competent jurisdiction; provided, however, that, notwithstanding the foregoing, the Company Parties shall not be required to keep confidential the aggregate holdings of all Consenting NoteholdersParties, and each Consenting Noteholder Party 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, collateral agents, or trustees under the Existing Documents, and in any filings by the Company Parties with the SEC, or as otherwise required by applicable Lawlaw or regulation or the rules of any applicable stock exchange or regulatory body.