References to the Purchaser. The City and the Authority will not include in any official statement, offering memorandum, or private placement memorandum any information concerning the Bank (other than identifying the Bank as a party to this Agreement) that is not supplied in writing, or otherwise consented to, by the Purchaser, which consent shall not be unreasonably withheld or delayed. Except as may be required by Law (including federal and state securities laws), the City and the Authority shall not include any information concerning the Bank (other than identifying the Bank as a party to its contracts with the City and the Authority) that is not supplied in writing, or otherwise consented to, by the Bank expressly for inclusion therein, in any published materials (other than the City’s staff reports, annual statements, audited financial statements, and rating agency presentations) without prior written consent of the Bank; provided that, without the prior written consent of the Bank, the City may identify the Bank as a party to this Agreement, the Purchase Price, the outstanding principal amount of the Bonds, the Mandatory Tender Date, and that the City’s and Authority’s obligations under this Agreement are secured by Revenues, in offering documents of the City and the Authority, so long as no other information relating to the Agreement or the Bank is disclosed in such offering documents without the prior written consent of the Bank.
References to the Purchaser. References to the Purchaser in this Article VI shall mean the Purchaser, any member of the Company Group or the Purchaser’s Affiliates.
References to the Purchaser. Except as otherwise required by applicable law or regulation, the Company shall not use the Purchaser’s name or the name of any of its Affiliates (as defined below) in any advertisement, announcement, press release or other similar public communication unless it has received the prior written consent of the Purchaser for the specific use contemplated, which consent shall not be unreasonably withheld or delayed. For purposes of this Agreement, “Affiliate” means, with respect to any natural person, firm, partnership, association, corporation, limited liability company, company, trust, entity, public body or government (a “Person”), any Person that, directly or indirectly, controls, is controlled by, or is under common control with, such Person. The term “control” (including the terms “controlled by” and “under common control with”) as used in this definition means the possession, directly or indirectly, of the power to direct or cause the direction of management and policies of a Person, whether through the ownership of voting securities, by contract or otherwise.
