Common use of Responding to an Acquisition Proposal Clause in Contracts

Responding to an Acquisition Proposal. (1) Notwithstanding Section 5.1, or any other agreement between the Parties or between the Company and any other Person, including without limitation the Non-Disclosure Agreement, if at any time prior to obtaining the Required Shareholder Approval, the Company receives a bona fide unsolicited written Acquisition Proposal, the Company may (a) contact the Person making such Acquisition Proposal and its Representatives for the purpose of clarifying the terms and conditions of such Acquisition Proposal, and (b) engage in or participate in discussions or negotiations with such Person regarding such Acquisition Proposal, and may provide copies of, access to or disclosure of confidential information, properties, facilities, or books and records of the Company or any of its Subsidiaries, if and only if, in the case of clause (b):

Responding to an Acquisition Proposal. (1) Notwithstanding Section 5.1, or any other agreement between the Parties or between the Company Corporation and any other Person, including without limitation the Non-Disclosure Agreement, if at any time time, prior to obtaining the Required Shareholder Approval, the Company Corporation receives a bona fide unsolicited written Acquisition ProposalProposal that did not result from any breach of Section 5.1, the Company Corporation may (a) contact the Person making such Acquisition Proposal and its Representatives solely for the purpose of clarifying the terms and conditions of such Acquisition Proposal, and (b) engage in or participate in discussions or negotiations with such Person regarding such Acquisition Proposal, and may provide copies of, access to or disclosure of confidential information, properties, facilities, or books and records information of the Company Corporation or any of its Subsidiaries, if and only if, in the case of this clause (b):

Responding to an Acquisition Proposal. (1) Notwithstanding Section 5.1, or any other agreement between the Parties or between the Company Corporation and any other Person, including without limitation the Non-Disclosure AgreementConfidentiality Arrangements, if at any time prior to obtaining the Required Shareholder Approval, the Company Corporation receives a bona fide unsolicited written Acquisition Proposal, the Company Corporation may (a) contact the Person making such Acquisition Proposal and its Representatives solely for the purpose of clarifying the terms and conditions of such Acquisition Proposal, ; and (b) engage in or participate in discussions or negotiations with such Person regarding such Acquisition Proposal, and may provide copies of, access to or disclosure of confidential information, properties, facilities, or books and records of the Company Corporation or any of its Subsidiaries, if and only if, in the case of clause (b):

Responding to an Acquisition Proposal. (1) Notwithstanding Section 5.1, or any other agreement between the Parties or between the Company Corporation and any other Person, including without limitation the Non-Disclosure Confidentiality Agreement, if at any time prior to obtaining the Required Shareholder Approval, the Company Corporation receives a bona fide unsolicited written Acquisition Proposal, the Company Corporation may (a) contact the Person making such Acquisition Proposal and its Representatives solely for the purpose of clarifying the terms and conditions of such Acquisition Proposal, and (b) engage in or participate in discussions or negotiations with such Person regarding such Acquisition Proposal, and may provide copies of, access to or disclosure of confidential information, properties, facilities, or books and records of the Company Corporation or any of its Subsidiaries, if and only if, in the case of clause (b):