Common use of Securities Laws Disclosure; Publicity Clause in Contracts

Securities Laws Disclosure; Publicity. The Company shall (a) by 8:30 a.m. (New York City time) within four (4) Trading Days following the date hereof, issue a press release disclosing the material terms of the transactions contemplated hereby and (b) file a Current Report on Form 8-K with the Commission, including the Transaction Documents as exhibits thereto. From and after the issuance of such press release, the Company shall have publicly disclosed all material, non-public information delivered to any of the Purchasers by the Company or any of its subsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documents. The Company and each Purchaser shall consult with each other in issuing any other press releases with respect to the transactions contemplated hereby, and neither the Company nor any Purchaser shall issue any such press release nor otherwise make any such public statement without the prior consent of the Company, with respect to any press release of any Purchaser, or without the prior consent of each Purchaser, with respect to any press release of the Company, which consent shall not unreasonably be withheld or delayed, except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communication. Notwithstanding the foregoing, the Company shall not publicly disclose the name of any Purchaser, or include the name of any Purchaser in any filing with the Commission or any regulatory agency or Trading Market, without the prior written consent of such Purchaser, except (a) as required by federal securities law in connection with the filing of final Transaction Documents (including signature pages thereto) with the Commission and (b) to the extent such disclosure is required by law or Trading Market regulations, in which case the Company shall provide the Purchasers with prior notice of such disclosure permitted under this clause (b).

Securities Laws Disclosure; Publicity. The Company shall (a) by 8:30 9:30 a.m. (New York City time) within four (4) on the Trading Days Day immediately following the date hereof, issue a press release disclosing the material terms of the transactions contemplated hereby hereby, and (b) within the time required by Commission rules, file a Current Report on Form 8-K with the Commission, including the Transaction Documents as exhibits thereto. From and after the issuance of such press release, the Company represents to the Purchasers that it shall have publicly disclosed all material, non-public information delivered to any of the Purchasers by the Company or any of its subsidiariesSubsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documents. The Company and each Purchaser shall consult with each other in issuing any other In addition, effective upon the issuance of such press releases with respect to the transactions contemplated herebyrelease, and neither the Company nor acknowledges and agrees that any Purchaser shall issue and all confidentiality or similar obligations under any such press release nor otherwise make any such public statement without the prior consent of agreement, whether written or oral, between the Company, with respect to any press release of its Subsidiaries or any Purchaserof their respective officers, directors, agents, employees or without Affiliates on the prior consent of each Purchaserone hand, with respect to and any press release of the Company, which consent shall not unreasonably be withheld Purchasers or delayed, except if such disclosure is required by law, in which case the disclosing party shall promptly provide any of their Affiliates on the other party with prior notice of such public statement or communicationhand, shall terminate. Notwithstanding the foregoing, the Company shall not publicly disclose the name of any Purchaser, or include the name of any Purchaser in any filing with the Commission or any regulatory agency or Trading Market, without the prior written consent of such Purchaser, except (a) as required by federal securities law in connection with the filing of final Transaction Documents (including signature pages thereto) with the Commission and (b) to the extent such disclosure is required by law or Trading Market regulations, in which case the Company shall provide the Purchasers with prior notice of such disclosure permitted under this clause (b).

Securities Laws Disclosure; Publicity. The Company shall (a) by 8:30 no later than 9:30 a.m. (New York City time) within four (4) on the 4th Trading Days following Day immediately after the date hereofClosing Date, issue a press release Current Report on Form 8-K, disclosing the material terms of the transactions contemplated hereby and (b) file a Current Report on Form 8-K with the Commission, including the Transaction Documents as exhibits theretohereby. From and after the issuance of such press releaseCurrent Report on Form 8-K to be filed in accordance with clause (i) of the preceding sentence, the Company represents to the Purchasers that it shall have publicly disclosed all material, non-public information delivered to any of the Purchasers by the Company or any of its subsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documents. The Company and each Purchaser shall consult with each other in issuing any other press releases with respect to the transactions contemplated hereby, and neither the Company nor any Purchaser shall issue any such press release nor otherwise make any such public statement without the prior consent of the Company, with respect to any press release of any Purchaser, or without the prior consent of each Purchaser, with respect to any press release of the Company, which consent shall not unreasonably be withheld or delayed, except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communication. Notwithstanding the foregoing, the Company shall not publicly disclose the name of any PurchaserPurchaser or its investment advisor, or include the name of any Purchaser or its investment advisor in any filing with the Commission or any regulatory agency or Trading Market, without the prior written consent of such Purchaser, except except: (a) as required by federal securities law in connection with (i) any registration statement contemplated by the Registration Rights Agreement and (ii) the filing of final Transaction Documents (including signature pages thereto) with the Commission and (b) to the extent such disclosure is required by law or Trading Market regulations, in which case the Company shall provide the Purchasers with prior notice of such disclosure permitted under this clause (b).

Securities Laws Disclosure; Publicity. The Company shall (a) by 8:30 9:30 a.m. (New York City time) within four (4) Eastern Time on the second Trading Days Day immediately following the date hereofDate of Execution, issue a press release disclosing the material terms of the transactions contemplated hereby and hereby, or (b) file a Current Report on Form 8-K Current Report (the “Current Report”) on XXXXX with the Commission, including SEC disclosing the Transaction Documents as exhibits theretomaterial terms of the transactions contemplated hereby. From and after the issuance filing of such press releasethe Current Report, the Company represents to the Holder that it shall have publicly disclosed all material, non-public information delivered to any of the Purchasers Holder by the Company Company, or any of its subsidiaries, or any of their respective officers, directors, employees employees, or agents in connection with the transactions contemplated by the Transaction Documentsthis Note. The Company and each Purchaser the Holder shall consult with each other in issuing any other press releases with respect to the transactions contemplated hereby, and neither the Company nor any Purchaser the Holder shall issue any such press release nor otherwise make any such public statement without the prior consent of the Company, with respect to any press release of any Purchaserthe Holder, or without the prior consent of each Purchaserthe Holder, with respect to any press release of the Company, none of which consent consents shall not be unreasonably be withheld or withheld, delayed, denied, or conditioned except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communication. Notwithstanding the foregoing, the Company shall not publicly disclose the name of any Purchaserthe Holder, or include the name of any Purchaser the Holder in any filing with the Commission SEC or any regulatory agency or Trading Principal Market, without the prior written consent of such Purchaserthe Holder, except (a) as required by federal securities law in connection with the filing of final Transaction Documents (including signature pages thereto) with the Commission and (b) to the extent such disclosure is required by law or Trading Principal Market regulations, in which case the Company shall provide the Purchasers Holder with prior notice of such disclosure permitted under hereunder. The Company agrees that this clause (b)is a material term of this Note and any breach of this Section 4.00(h) will result in a default of the Note.

Securities Laws Disclosure; Publicity. The Company shall (a) by 8:30 a.m. (New York City time) within four (4) Trading Days shall, on the next Business Day following the date hereofClosing Date, issue a press release with respect to the transactions contemplated hereby and by 8:30 a.m. New York City time on the third (3rd) Business Day following the Closing Date, issue a Current Report on Form 8-K, disclosing the material terms of the transactions contemplated hereby and (b) file a Current Report on Form 8-K with the Commission, including the Transaction Documents as exhibits thereto. From and after the issuance of such press release, the Company shall have publicly disclosed all material, non-public information delivered to any of the Purchasers by the Company or any of its subsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documents. The Company and each Purchaser Buyer shall consult with each other in issuing any other press releases with respect to the transactions contemplated hereby, and neither the Company nor any Purchaser Buyer shall issue any such press release nor or otherwise make any such public statement without the prior consent of the Company, with respect to any press release of any PurchaserBuyer, or without the prior consent of each PurchaserBuyer, with respect to any press release of the Company, which consent shall not unreasonably be withheld or delayed, except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communication. Notwithstanding the foregoing, the Company shall not publicly disclose the name of any PurchaserBuyer, or include the name of any Purchaser Buyer in any filing with the Commission or any regulatory agency or Trading Marketany market or exchange, without the prior written consent of such PurchaserBuyer, except (ai) as required by federal securities law in connection with (A) any registration statement contemplated by the Registration Rights Agreement and (B) the filing of final Transaction Documents (including signature pages thereto) with the Commission SEC and (bii) to the extent such disclosure is required by law or Trading Market regulationsregulations of the Principal Market, in which case the Company shall provide the Purchasers Buyers with prior notice of such disclosure permitted under this clause subclause (bii).

Securities Laws Disclosure; Publicity. The Company shall (a) shall, by 8:30 9:00 a.m. (New York City time) within four (4) on the Trading Days Day immediately following the date hereof, issue file a Current Report on Form 8-K and press release disclosing the material terms of the transactions contemplated hereby and (b) file a Current Report on Form 8-K with the Commissionhereby, including the Transaction Documents as exhibits thereto. From and after the issuance of such press release, the Company represents to the Purchasers that it shall have publicly disclosed all material, non-public information delivered to any of the Purchasers by the Company or any of its subsidiariesSubsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documents. The Company and each Purchaser shall consult with each other in issuing any other press releases with respect to the transactions contemplated hereby, and neither the Company nor any Purchaser shall issue any such press release nor otherwise make any such public statement without the prior consent of the Company, with respect to any press release of any Purchaser, or without the prior consent of each Purchaser, with respect to any press release of the Company, which consent shall not unreasonably be withheld or delayed, except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communication. Notwithstanding the foregoing, the Company shall not publicly disclose the name of any Purchaser, or include the name of any Purchaser in any filing with the Commission or any regulatory agency or Trading Market, without the prior written consent of such Purchaser, except except: (a) as required by federal securities law in connection with the filing of final Transaction Documents (including signature pages thereto) with the Commission laws and (b) to the extent such disclosure is required by law or Trading Market regulations, in which case the Company shall provide the Purchasers with prior notice of such disclosure permitted under this clause (b).

Securities Laws Disclosure; Publicity. The Company shall (a) shall, by 8:30 9:00 a.m. (New York City time) within four (4) on the Trading Days Day immediately following the date hereof, issue a press release disclosing the material terms of the transactions contemplated hereby hereby, and shall, within four (b4) Trading Days following the date hereof, file a Current Report on Form 8-K with disclosing the Commission, including the Transaction Documents as exhibits thereto. From and after the issuance material terms of such press release, the Company shall have publicly disclosed all material, non-public information delivered to any of the Purchasers by the Company or any of its subsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by hereby and including this Agreement as an exhibit thereto; provided, that the Transaction DocumentsCompany may not issue such press release or file such Form 8-K without the Investor’s prior written consent. The Company and each Purchaser shall consult with each other in issuing any other press releases with respect to the transactions contemplated hereby, and neither the Company nor any Purchaser shall not issue any such press release nor otherwise make any such public statement regarding the Investor or the Transaction Documents without the prior written consent of the Company, with respect to any press release of any Purchaser, or without the prior consent of each Purchaser, with respect to any press release of the Company, which consent shall not unreasonably be withheld or delayedInvestor, except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communication. Notwithstanding the foregoing, the Company shall not publicly disclose the name of any Purchaser, or include the name of any Purchaser in any filing with the Commission or any regulatory agency or Trading Market, without the prior written consent of such Purchaser, except (a) as required ensure that such disclosure is restricted and limited in content and scope to the maximum extent permitted by federal securities law in connection with Law to meet the filing of final Transaction Documents (including signature pages thereto) with the Commission relevant disclosure requirement and (b) provide a copy of the proposed disclosure to the extent such disclosure is required by law or Trading Market regulations, in which case Investor for review prior to release and the Company shall provide incorporate the Purchasers Investor’s reasonable comments. Following the execution of this Agreement, the Investor and its Affiliates and/or advisors may place announcements on their respective corporate websites and in financial and other newspapers and publications (including, without limitation, customary “tombstone” advertisements) describing the Investor’s relationship with prior notice of such disclosure permitted the Company under this clause Agreement and including the name and corporate logo of the Company. Notwithstanding anything herein to the contrary, to comply with United States Treasury Regulations Section 1.6011-4(b)(3)(i), each of the Company and the Investor, and each employee, representative or other agent of the Company or the Investor, may disclose to any and all persons, without limitation of any kind, the U.S. federal and state income tax treatment, and the U.S. federal and state income tax structure, of the transactions contemplated hereby and all materials of any kind (b)including opinions or other tax analyses) that are provided to such party relating to such tax treatment and tax structure insofar as such treatment and/or structure relates to a U.S. federal or state income tax strategy provided to such recipient.

Securities Laws Disclosure; Publicity. The Company shall (a) by 8:30 9:30 a.m. (New York City time) within four (4) on the 2nd Trading Days Day immediately following the date hereof, issue a press release disclosing the material terms of the transactions contemplated hereby hereby, and (b) by the 4th Trading Day immediately following the date hereof, file a Current Report on Form 8-K with the CommissionK, including the Transaction Documents as exhibits theretothereto (if required pursuant to the Exchange Act), with the Commission within the time required by the Exchange Act. From and after the issuance of such press release8-K, the Company represents to the Purchaser that it shall have publicly disclosed all material, non-public information delivered to any of the Purchasers by the Company or any of its subsidiariesSubsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documents. The Company and each the Purchaser shall consult with each other in issuing any other press releases with respect to the transactions contemplated hereby, and neither the Company nor any the Purchaser shall issue any such press release nor otherwise make any such public statement without the prior consent of the Company, with respect to any press release of any the Purchaser, or without the prior consent of each the Purchaser, with respect to any press release of the Company, which consent shall not unreasonably be withheld or delayed, except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communication. Notwithstanding the foregoing, the Company shall not publicly disclose the name of any the Purchaser, or include the name of any the Purchaser in any filing with the Commission or any regulatory agency or Trading Market, without the prior written consent of such the Purchaser, except except: (a) as required by federal securities law in connection with the filing of final Transaction Documents (including signature pages thereto) with the Commission any registration statement contemplated by this Agreement and (b) to the extent such disclosure is required by law or Trading Market regulations, in which case the Company shall provide the Purchasers Purchaser with prior notice of such disclosure permitted under this clause (b).

Securities Laws Disclosure; Publicity. The Company shall (a) shall, by 8:30 9:00 a.m. (New York City time) within four (4) on the Trading Days Day immediately following the date hereof, issue file a Current Report on Form 8-K and press release disclosing the material terms of the transactions contemplated hereby and (b) file a Current Report on Form 8-K with the Commissionhereby, including the Transaction Documents as exhibits thereto. From and after the issuance of such press release, the Company represents to the Purchasers that it shall have publicly disclosed all material, non-public information delivered to any of the Purchasers by the Company or any of its subsidiariesSubsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documents. The Company and each Purchaser shall consult with each other in issuing any other press releases with respect to the transactions contemplated hereby, and neither the Company nor any Purchaser shall issue any such press release nor otherwise make any such public statement without the prior consent of the Company, with respect to any press release of any Purchaser, or without the prior consent of each Purchaser, with respect to any press release of the Company, which consent shall not unreasonably be withheld or delayed, except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communication. Notwithstanding the foregoing, the Company shall not publicly disclose the name of any Purchaser, or include the name of any Purchaser in any filing with the Commission or any regulatory agency or Trading Market, without the prior written consent of such Purchaser, except except: (a) as required by federal securities law in connection with the filing of final Transaction Documents (including signature pages thereto) with the Commission and (b) to the extent such disclosure is required by law or Trading Market regulations, in which case the Company shall provide the Purchasers with prior notice of such disclosure permitted under this clause (b).

Securities Laws Disclosure; Publicity. The Company shall (a) by 8:30 9:30 a.m. (New York City time) within four (4) on the Trading Days Day immediately following the date hereof, issue a press release disclosing the material terms of the transactions contemplated hereby hereby, and (b) file a Current Report on Form 8-K with the CommissionK, including the Transaction Documents as exhibits thereto, with the Commission within the time required by the Exchange Act. From and after the issuance of such press release, the Company represents to the Purchasers that it shall have publicly disclosed all material, non-public information delivered to any of the Purchasers by the Company or any of its subsidiariesSubsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documents. The Company and each Purchaser shall consult with each other in issuing any other In addition, effective upon the issuance of such press releases with respect to the transactions contemplated herebyrelease, and neither the Company nor acknowledges and agrees that any Purchaser shall issue and all confidentiality or similar obligations under any such press release nor otherwise make any such public statement without the prior consent of agreement, whether written or oral, between the Company, with respect to any press release of its Subsidiaries or any Purchaserof their respective officers, directors, agents, employees or without Affiliates on the prior consent of each Purchaserone hand, with respect to and any press release of the Company, which consent shall not unreasonably be withheld Purchasers or delayed, except if such disclosure is required by law, in which case the disclosing party shall promptly provide any of their Affiliates on the other party with prior notice of such public statement or communicationhand, shall terminate. Notwithstanding the foregoing, the Company shall not publicly disclose the name of any Purchaser, or include the name of any Purchaser in any filing with the Commission or any regulatory agency or Trading Market, without the prior written consent of such Purchaser, except (a) as required by federal securities law in connection with (i) any registration statement contemplated by the Registration Rights Agreement and (ii) the filing of final Transaction Documents (including signature pages thereto) with the Commission and (b) to the extent such disclosure is required by law or Trading Market regulations, in which case the Company shall provide the Purchasers with prior notice of such disclosure permitted under this clause (b).

Securities Laws Disclosure; Publicity. The Company shall (a) shall, by 8:30 a.m. 5:30 p.m. (New York City time) within four (4) on the fourth Trading Days Day following the date hereof, issue a press release disclosing disclose the material terms of the transactions contemplated hereby and by either: (bi) file issuing a Current Report on Form 8-K regarding the transaction; or (b) issuing its Annual Report on Form 10-K with the Commissiontransaction disclosed. In either case, including the Transaction Documents will be included as exhibits thereto. From and after the issuance of such press release, the Company shall have publicly disclosed all material, non-public information delivered to any of the Purchasers by the Company or any of its subsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documentsexhibits. The Company and each the Purchaser shall consult with each other in issuing any other press releases with respect to the transactions contemplated hereby, and neither the Company nor any the Purchaser shall issue any such press release nor otherwise make any such public statement (other than in the Company’s SEC Reports after the Closing Date or exhibits filed therewith) without the prior consent of the Company, with respect to any press release of any the Purchaser, or without the prior consent of each the Purchaser, with respect to any press release of the Company, which consent shall not unreasonably be withheld or delayed, except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communication. Notwithstanding the foregoing, other than in connection with the Company’s SEC Reports or disclosures to any regulatory agency or Trading Market that the Company determines are necessary or appropriate, the Company shall not publicly disclose the name of any the Purchaser, or include the name of any Purchaser the Purchaser, in any filing with the Commission press release or any regulatory agency or Trading Marketsimilar public statement, without the prior written consent of such the Purchaser, except (a) as required by federal securities law in connection with the filing of final Transaction Documents (including signature pages thereto) with the Commission and (b) to the extent such disclosure is required by law or Trading Market regulations, in which case the Company shall provide the Purchasers with prior notice of such disclosure permitted under this clause (b).

Securities Laws Disclosure; Publicity. The Company shall (a) shall, by 8:30 a.m. (New York City time) within four (4) Trading Days following on the date hereof, issue a press release disclosing the material terms of the transactions contemplated hereby and (b) hereby, and, within the time period required by the Securities Act, file a Current Report on Form 8-K with describing the Commissiontransaction, and including the Transaction Documents as exhibits thereto. From and after the issuance of such press release, the Company represents to the Purchasers that it shall have publicly disclosed all material, non-public information delivered to any of the Purchasers by the Company or any of its subsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documents. The Company and each Purchaser shall consult with each other in issuing any other press releases with respect to the transactions contemplated hereby, and neither the Company nor any Purchaser shall issue any such press release nor otherwise make any such public statement without the prior consent of the Company, with respect to any press release of any Purchaser, or without the prior consent of each Purchaser, with respect to any press release of the CompanyCompany (other than the press release described in the first sentence of this Section 4.4), which consent shall not unreasonably be withheld or delayed, except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communication. Notwithstanding the foregoing, the Company shall not publicly disclose the name of any Purchaser, or include the name of any Purchaser in any filing with the Commission or any regulatory agency or Trading Market, without the prior written consent of such Purchaser, except (a) as required by federal securities law in connection with the filing of final Transaction Documents (including signature pages thereto) with the Commission and (b) to the extent such disclosure is required by law or Trading Market regulations, in which case the Company shall provide the Purchasers with prior notice of such disclosure permitted under this clause (b).

Securities Laws Disclosure; Publicity. The Company shall (a) by 8:30 a.m. (New York City time) within four (4) Trading Days following the date hereof, issue a press release disclosing the material terms of the transactions contemplated hereby simultaneously with the execution and delivery hereof, and (b) by 8:30 a.m. (New York City time) on the third (3rd) Trading Day following the date hereof, file a Current Report on Form 8-K with disclosing the Commission, material terms of the transactions contemplated hereby and including the Transaction Documents as exhibits thereto. From and after the issuance of such press release, the Company shall have publicly disclosed all material, non-public information delivered to any of the Purchasers by the Company or any of its subsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documents. The Company and each Purchaser shall consult with each other in issuing any other press releases with respect to the transactions contemplated hereby, and and, except as may be required by law, neither the Company nor any Purchaser shall issue any such press release nor or otherwise make any such public statement without the prior consent of the Company, with respect to any press release of any Purchaser, or without the prior consent of each Purchaser, with respect to any press release of the Company, which consent shall not unreasonably be withheld or delayed, except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communication. Notwithstanding the foregoing, the Company shall not publicly disclose the name of any Purchaser, or include the name of any Purchaser in any filing with the Commission or any regulatory agency or any Trading Market, without the prior written consent of such Purchaser, except (ai) as required by federal securities law in connection with the filing of final Transaction Documents (including signature pages thereto) with the Commission and (bii) to the extent such disclosure is required by law or any Trading Market regulations, in which case the Company shall provide the Purchasers with prior notice of such disclosure permitted under this clause subclause (bii).

Securities Laws Disclosure; Publicity. The Company shall (a) shall, by 8:30 a.m. (New York City time) within four (4) on the Trading Days Day immediately following the date hereof, issue a press release disclosing the material terms of the transactions contemplated hereby hereby, and (b) shall file a Current Report on Form 8-K with within the Commissionperiod required by regulation, including the Transaction Documents as exhibits thereto. From and after the issuance of such press release, the Company shall have publicly disclosed all material, non-public information delivered to any of the Purchasers by the Company or any of its subsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documents. The Company and each Purchaser shall consult with each other in issuing any other press releases with respect to the transactions contemplated hereby, and neither the Company nor any Purchaser shall issue any such press release nor otherwise make any such public statement without the prior consent of the Company, with respect to any press release of any Purchaser, or without the prior consent of each Purchaser, with respect to any press release of the Company, which consent shall not unreasonably be withheld or delayed, except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communication. Notwithstanding the foregoing, the Company shall not publicly disclose the name of any Purchaser, or include the name of any Purchaser in any filing with the Commission or any regulatory agency or Trading Market, without the prior written consent of such Purchaser, except except: (a) as required by federal securities law in connection with (i) any registration statement contemplated by the Registration Rights Agreement and (ii) the filing of final Transaction Documents (including signature pages thereto) with the Commission and (b) to the extent such disclosure is required by law or Trading Market regulations, in which case the Company shall provide the Purchasers with prior notice of such disclosure permitted under this clause (b).

Securities Laws Disclosure; Publicity. The Company shall (a) by 8:30 9:30 a.m. (New York City time) within four (4) on the Trading Days Day immediately following the date hereof, issue a press release disclosing the material terms of the transactions contemplated hereby and (b) hereof file a Current Report on Form 8-K with the CommissionK, including the Transaction Documents transaction documents as exhibits thereto, with the Commission within the time required by the Exchange Act. From and after the issuance filing of such press release8-K, the Company represents to the Holder that it shall have publicly disclosed all material, non-public information delivered to any of the Purchasers Holder by the Company or any of its subsidiariesSubsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documentstransaction documents. The Company and each Purchaser the Holder shall consult with each other in issuing any other press releases with respect to the transactions contemplated hereby, and neither the Company nor any Purchaser the Holder shall issue any such press release nor otherwise make any such public statement without the prior consent of the Company, with respect to any press release of any Purchaserthe Holder, or without the prior consent of each Purchaserthe Holder, with respect to any press release of the Company, which consent shall not unreasonably be withheld or delayed, except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communication. Notwithstanding the foregoing, the Company shall not publicly disclose the name of any Purchaserthe Holder, or include the name of any Purchaser the Holder in any filing with the Commission or any regulatory agency or Trading Markettrading market, without the prior written consent of such Purchaserthe Holder, except except: (a) as required by federal securities law in connection with the filing of final Transaction Documents (including signature pages thereto) with the Commission any registration statement contemplated by this Agreement and (b) to the extent such disclosure is required by law or Trading Market trading market regulations, in which case the Company shall provide the Purchasers Holder with prior notice of such disclosure permitted under this clause (b).

Securities Laws Disclosure; Publicity. The Company shall (a) by 8:30 a.m. (By 9:00 a.m., New York City time) within four (4) , on the Trading Days Day immediately following the date hereofexecution of this Agreement, the Company shall issue a press release (“Press Release”) disclosing the all material terms of the transactions contemplated hereby and (b) hereby. On or before 9:00 a.m., New York City time, on the fourth Trading Day immediately following the execution of this Agreement, the Company will file a Current Report on Form 8-K with the Commission, including Commission describing the terms of the Transaction Documents (and including as exhibits thereto. From and after to such Current Report on Form 8-K the issuance of such press releasematerial Transaction Documents (including, the Company shall have publicly disclosed all materialwithout limitation, non-public information delivered to any of the Purchasers by the Company or any of its subsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documents. The Company and each Purchaser shall consult with each other in issuing any other press releases with respect to the transactions contemplated hereby, and neither the Company nor any Purchaser shall issue any such press release nor otherwise make any such public statement without the prior consent of the Company, with respect to any press release of any Purchaser, or without the prior consent of each Purchaser, with respect to any press release of the Company, which consent shall not unreasonably be withheld or delayed, except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communicationthis Agreement)). Notwithstanding the foregoing, the Company shall not publicly disclose the name of any Purchaser or an Affiliate of any Purchaser, or include the name of any Purchaser or an Affiliate of any Purchaser in any press release or filing with the Commission (other than the Registration Statement) or any regulatory agency or Trading Market, without the prior written consent of such Purchaser, except (ai) as required by federal securities law in connection with (A) any Registration Statement and (B) the filing of final Transaction Documents (including signature pages theretowhich may include conformed signatures, but not originals) with the Commission and (bii) to the extent such disclosure is required by law law, request of the Staff of the Commission or Trading Market regulations, in which case the Company shall provide the Purchasers with prior written notice of such disclosure permitted under this clause subclause (bii). From and after the issuance of the Press Release, no Purchaser shall be in possession of any material, non-public information received from the Company, any Subsidiary or any of their respective officers, directors, employees or agents, that is not disclosed in the Press Release unless a Purchaser shall have executed a written agreement regarding the confidentiality and use of such information Each Purchaser, severally and not jointly with the other Purchasers, covenants that until such time as the transactions contemplated by this Agreement are publicly disclosed by the Company pursuant to this Section 4.6, such Purchaser will maintain the confidentiality of all disclosures made to it in connection with this transaction (including the existence and terms of this transaction).

Securities Laws Disclosure; Publicity. The Company shall (a) by 8:30 a.m. (New York City time) within four (4) Trading Days following the date hereof, issue timely file a Current Report on Form 8-K and press release disclosing the material terms of the transactions contemplated hereby hereby, and (b) file a Current Report on Form 8-K with the Commission, including the Transaction Documents as exhibits thereto, in each case reasonably acceptable to Seaside and its counsel. From and after the issuance of such press release, the Company shall have publicly disclosed all material, non-public information delivered to any of the Purchasers Seaside by the Company or any of its subsidiariesSubsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documents. The Company and each Purchaser Seaside shall consult with each other in issuing any other press releases with respect to the transactions contemplated hereby, and neither the Company nor any Purchaser Seaside shall issue any such press release nor otherwise make any such public statement without the prior consent of the Company, with respect to any press release of any PurchaserSeaside, or without the prior consent of each PurchaserSeaside, with respect to any press release of the Company, which consent shall not unreasonably be withheld or delayed, except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communication. Notwithstanding the foregoing, the Company shall not publicly disclose the name of any PurchaserSeaside, or include the name of any Purchaser Seaside in any filing with the Commission or any regulatory agency or Trading Market, without the prior written consent of such PurchaserSeaside, except except: (a) as required by federal securities law in connection with (i) any registration statement contemplated by Section 4.13 and (ii) the filing of final Transaction Documents (including signature pages thereto) with the Commission Commission, and (b) to the extent such disclosure is required by law or Trading Market regulations, in which case the Company shall provide the Purchasers Seaside with prior notice of such disclosure permitted under this clause (b).

Securities Laws Disclosure; Publicity. The Company shall (a) shall, by 8:30 9:00 a.m. (New York City time) within four (4) on the Trading Days Day immediately following the date hereof, issue file a Current Report on Form 8-K and press release disclosing the material terms of the transactions contemplated hereby and (b) file a Current Report on Form 8-K with the Commissionhereby, including the Transaction Documents as exhibits thereto. From and after the issuance of such press release, the Company represents to the Purchasers that it shall have publicly disclosed all material, non-public information delivered to any of the Purchasers by the Company or any of its subsidiariesSubsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documents. The Company and each Purchaser shall consult with each other in issuing any other press releases with respect to the transactions contemplated hereby, and neither the Company nor any Purchaser shall issue any such press release nor otherwise make any such public statement without the prior consent of the Company, with respect to any press release of any Purchaser, or without the prior consent of each Purchaser, with respect to any press release of the Company, which consent shall not unreasonably be withheld or delayed, except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communication. Notwithstanding the foregoing, the Company shall not publicly disclose the name of any Purchaser, or include the name of any Purchaser in any filing with the Commission or any regulatory agency or Trading Market, without the prior written consent of such Purchaser, except except: (a) as required by federal securities law in connection with (i) any registration statement contemplated by the Registration Rights Agreement and (ii) the filing of final Transaction Documents (including signature pages thereto) with the Commission and (b) to the extent such disclosure is required by law or Trading Market regulations, in which case the Company shall provide the Purchasers with prior notice of such disclosure permitted under this clause (b).

Securities Laws Disclosure; Publicity. The Company shall (a) shall, by 8:30 a.m. (New York City time) within four (4) time on the second Trading Days Day following the date hereof, issue a press release Current Report on Form 8-K disclosing the material terms of the transactions contemplated hereby and (b) file a Current Report on Form 8-K with the Commission, including attaching the Transaction Documents as exhibits thereto. From and after the issuance of such press release, the Company shall have publicly disclosed all material, non-public information delivered to any of the Purchasers by the Company or any of its subsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documents. The Company and each Purchaser shall consult with each other in issuing any other press releases with respect to the transactions contemplated hereby, and neither the Company nor any Purchaser shall issue any such press release nor or otherwise make any such public statement without the prior consent of the Company, with respect to any press release of any Purchaser, or without the prior consent of each Purchaser, with respect to any press release of the Company, which consent shall not unreasonably be withheld or delayed, except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communication. Notwithstanding the foregoing, the Company shall not publicly disclose the name of any Purchaser, or include the name of any Purchaser in any filing with the Commission or any regulatory agency or Trading Market, without the prior written consent of such Purchaser, except (ai) as required by federal securities law in connection with (A) any registration statement contemplated by the Registration Rights Agreement and (B) the filing of final Transaction Documents (including signature pages thereto) with the Commission and (bii) to the extent such disclosure is required by law or Trading Market regulations, in which case the Company shall provide the Purchasers with prior notice of such disclosure permitted under this clause subclause (bii).

Securities Laws Disclosure; Publicity. The Company shall (a) shall, by 8:30 9:30 a.m. (New York City time) within four (4) on the next Trading Days Day following the date hereof, issue a press release disclosing disclose the material terms of the transactions contemplated hereby and (b) file by issuing a Current Report on Form 8-K regarding the transaction with the Commission, including the Transaction Documents included as exhibits thereto. From and after the issuance of such press release, the Company shall have publicly disclosed all material, non-public information delivered to any of the Purchasers by the Company or any of its subsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documentsexhibits. The Company and each the Purchaser shall consult with each other in issuing any other press releases with respect to the transactions contemplated hereby, and neither the Company nor any the Purchaser shall issue any such press release nor otherwise make any such public statement (other than in the Company’s SEC Reports after the Closing Dates or exhibits filed therewith) without the prior consent of the Company, with respect to any press release of any the Purchaser, or without the prior consent of each the Purchaser, with respect to any press release of the Company, which consent shall not unreasonably be withheld or delayed, except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communication. Notwithstanding the foregoing, other than in connection with the Company’s SEC Reports or disclosures to any regulatory agency or Trading Market that the Company determines are necessary or appropriate, the Company shall not publicly disclose the name of any the Purchaser, or include the name of any Purchaser the Purchaser, in any filing with the Commission press release or any regulatory agency or Trading Marketsimilar public statement, without the prior written consent of such the Purchaser, except (a) as required by federal securities law in connection with the filing of final Transaction Documents (including signature pages thereto) with the Commission and (b) to the extent such disclosure is required by law or Trading Market regulations, in which case the Company shall provide the Purchasers with prior notice of such disclosure permitted under this clause (b).

Securities Laws Disclosure; Publicity. The Company shall (a) file its Super 8-K by 8:30 a.m. (New York City time) no later than four Business Days after the Original Issue Date The Company shall, within four (4) Trading Days following the date hereofBusiness Days, issue a press release disclosing the material terms of the transactions contemplated hereby and (b) file a Current Report on Form 8-K with the CommissionK, including the Merger Transaction Documents as exhibits thereto, with the Commission. From and after the issuance of such press release, the Company represents to the Purchasers that it shall have publicly disclosed all material, non-public information delivered to any of the Purchasers by the Company or any of its subsidiariesSubsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Merger Transaction Documents. The Company and each Purchaser shall consult with each other in issuing any other press releases with respect to the transactions contemplated herebyIn addition, and neither the Company nor acknowledges and agrees that no confidentiality or similar obligations under any Purchaser shall issue any such press release nor otherwise make any such public statement without the prior consent of agreement, whether written or oral, between the Company, with respect to any press release of its Subsidiaries or any Purchaserof their respective officers, directors, affiliates, employees or without agents, on the prior consent of each Purchaserone hand, with respect to and any press release of the CompanyPurchasers or any of their affiliates, which consent shall not unreasonably be withheld or delayed, except if such disclosure is required by law, in which case the disclosing party shall promptly provide on the other party with prior notice of such public statement hand, have been entered into. Except for the obligations set forth in this Section, there are no confidentiality or communicationsimilar obligations pertaining the Purchasers currently extant or at any time in the future. Notwithstanding the foregoing, the Company shall not publicly disclose the name of any Purchaserthe Holder, or include the name of any Purchaser the Holder in any filing with the Commission or any regulatory agency or Trading Market, without the prior written consent of such Purchaserthe Holder, except (ai) as required by federal securities law Regulations in connection with the filing of final Transaction Documents (including signature pages thereto) with the Commission and (bii) to the extent such disclosure is required by law or Trading Market regulations, in which case the Company shall provide the Purchasers Holder with prior notice of such disclosure permitted under this clause (bii).

Securities Laws Disclosure; Publicity. The Company shall (a) by 8:30 a.m. (New York City time) within four (4) on the Trading Days Day immediately following the date hereof, issue a press release disclosing the material terms of the transactions contemplated hereby and (b) file a Current Report on Form 8-K with the CommissionK, and including the Transaction Documents as exhibits thereto, within the time required by the Exchange Act. From and after the issuance of such press releaseForm 8-K, the Company shall have publicly disclosed all material, non-public information delivered to any of the Purchasers by the Company or any of its subsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documents. The Company and each Purchaser shall consult with each other in issuing any other press releases public disclosures with respect to the transactions contemplated hereby, and neither the Company nor any Purchaser shall issue any such press release nor otherwise make any such public statement without the prior consent of the Company, with respect to any press release of any Purchaser, or without the prior consent of each Purchaser, with respect to any press release of the Company, which consent shall not unreasonably be withheld or delayed, except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communication. Notwithstanding the foregoing, the Company shall not publicly disclose the name of any Purchaser, or include the name of any Purchaser in any filing with the Commission or any regulatory agency or Trading Market, without the prior written consent of such Purchaser, except (a) as required by federal securities law in connection with the filing of final Transaction Documents (including signature pages thereto) with the Commission and Commission, (b) to the extent such disclosure is required by law or Trading Market regulationslaw, in which case the Company shall provide the Purchasers with prior notice of such disclosure permitted under this clause (b), and (c) to the extent such disclosure is required by Trading Market regulations.

Securities Laws Disclosure; Publicity. The Company shall (a) by 8:30 9:30 a.m. (New York City time) within four (4) Eastern Time on the Trading Days Day immediately following the date hereofDate of Execution, issue a press release disclosing the material terms of the transactions contemplated hereby and hereby, or (b) file a Current Report on Form 8-K Current Report (the “Current Report”) on XXXXX with the Commission, including SEC disclosing the Transaction Documents as exhibits theretomaterial terms of the transactions contemplated hereby. From and after the issuance filing of such press releasethe Current Report, the Company represents to the Holder that it shall have publicly disclosed all material, non-public information delivered to any of the Purchasers Holder by the Company Company, or any of its subsidiaries, or any of their respective officers, directors, employees employees, or agents in connection with the transactions contemplated by the Transaction Documentsthis Note. The Company and each Purchaser the Holder shall consult with each other in issuing any other press releases with respect to the transactions contemplated hereby, and neither the Company nor any Purchaser the Holder shall issue any such press release nor otherwise make any such public statement without the prior consent of the Company, with respect to any press release of any Purchaserthe Holder, or without the prior consent of each Purchaserthe Holder, with respect to any press release of the Company, none of which consent consents shall not be unreasonably be withheld or withheld, delayed, denied, or conditioned except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communication. Notwithstanding the foregoing, the Company shall not publicly disclose the name of any Purchaserthe Holder, or include the name of any Purchaser the Holder in any filing with the Commission SEC or any regulatory agency or Trading Principal Market, without the prior written consent of such Purchaserthe Holder, except (a) as required by federal securities law in connection with the filing of final Transaction Documents (including signature pages thereto) with the Commission and (b) to the extent such disclosure is required by law or Trading Principal Market regulations, in which case the Company shall provide the Purchasers Holder with prior notice of such disclosure permitted under hereunder. The Company agrees that this clause (b)is a material term of this Note and any breach of this Section 4.00(h) will result in an Event of Default.

Securities Laws Disclosure; Publicity. The Company shall (a) by By 8:30 a.m. (New York City time) within four (4) Trading Days on the day following the date hereofClosing Date, the Company will issue a press release disclosing the all material terms of the transactions contemplated hereby (and (battach as exhibits thereto the Transaction Documents) file a Current Report on Form 8-K in accordance with the Commissionapplicable Commission rules and regulations. In addition, including the Transaction Documents as exhibits theretoCompany will make such other filings and notices in the manner and time required by the Commission and the Trading Market on which the Common Stock is listed. From and after Notwithstanding the issuance of such press releaseforegoing, the Company shall have not publicly disclosed all materialdisclose the name of any Investor, non-public information delivered or include the name of any Investor in any filing with the Commission (other than the Registration Statement and any exhibits to filings made in respect of this transaction in accordance with periodic filing requirements under the Exchange Act) or any regulatory agency or Trading Market, without the prior written consent of such Investor, except to the Purchasers extent such disclosure is required by law or Trading Market regulations, in which case the Company or any shall provide the Investors with prior notice of its subsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documentssuch disclosure. The Company and each Purchaser Blueline Partners shall consult with each other in issuing any other press releases with respect to the transactions contemplated hereby, and neither the Company nor any Purchaser Blueline Partners shall issue any such press release nor or otherwise make any such public statement without the prior consent of the Company, with respect to any press release of any PurchaserBlueline Partners, or without the prior consent of each PurchaserBlueline Partners, with respect to any press release of the Company, which consent shall not unreasonably be withheld or delayed, except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communication. Notwithstanding the foregoing, the Company shall not publicly disclose the name of any Purchaser, or include the name of any Purchaser in any filing with the Commission or any regulatory agency or Trading Market, without the prior written consent of such Purchaser, except (a) as required by federal securities law in connection with the filing of final Transaction Documents (including signature pages thereto) with the Commission and (b) to the extent such disclosure is required by law or Trading Market regulations, in which case the Company shall provide the Purchasers with prior notice of such disclosure permitted under this clause (b).

Securities Laws Disclosure; Publicity. The Within the applicable period of time required by the Exchange Act, the Company shall (a) by 8:30 a.m. (New York City time) within four (4) Trading Days following the date hereof, issue a press release disclosing the material terms of the transactions contemplated hereby and (b) file a Current Report on Form 8-K with describing the Commission, including the Transaction Documents as exhibits thereto. From terms and after the issuance conditions of such press release, the Company shall have publicly disclosed all material, non-public information delivered to any of the Purchasers by the Company or any of its subsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by this Agreement in the form required by the Exchange Act and attaching as exhibits to such Current Report on Form 8-K the material Transaction DocumentsDocuments (including, without limitation, this Agreement and the Registration Rights Agreements) (including all attachments, the “8-K Filing”). The Company shall provide the Purchasers with a reasonable opportunity to review and each Purchaser provide comments on the draft of such 8-K Filing. The Company shall consult also provide the Purchasers with each other in issuing a reasonable opportunity to review and provide comments on drafts of press releases or any other press releases public statements with respect to the transactions contemplated hereby, and neither the Company nor any Purchaser shall issue any such press release nor otherwise make any such public statement without the prior consent of the Companyif any. CERTAIN INFORMATION IN THIS DOCUMENT, with respect to any press release of any PurchaserMARKED BY [**], or without the prior consent of each PurchaserHAS BEEN EXCLUDED PURSUANT TO REGULATION S-K, with respect to any press release of the Company, which consent shall not unreasonably be withheld or delayed, except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communicationITEM 601(b)(10)(iv). SUCH EXCLUDED INFORMATION IS NOT MATERIAL AND IS THE TYPE THAT THE REGISTRANT TREATS AS PRIVATE OR CONFIDENTIAL. Notwithstanding the foregoing, and unless otherwise agreed to in writing by the Company and the Purchasers, the Company shall not publicly disclose the name of any Purchaser or any Affiliate or investment adviser of any Purchaser, or include the name of any Purchaser or any Affiliate or investment adviser of any Purchaser in any press release or filing with the Commission or any regulatory agency or the Principal Trading Market, without the prior written consent of such PurchaserPurchaser except, except (a) as required by federal securities law in connection with the case of any such filing of final Transaction Documents (including signature pages thereto) with the Commission or any such regulatory agency, if and (b) to the extent such disclosure is otherwise required by law law, the Rules and Regulations or Trading Market regulations, in which case the Company shall provide the Purchasers with prior notice rules and regulations of such disclosure permitted under this clause (b)regulatory agency.

Securities Laws Disclosure; Publicity. The Company shall (a) by 8:30 a.m. (By 9:00 A.M., New York City time) within four (4) , on the Trading Days Day immediately following the date hereof, the Company shall issue a press release release, which shall have been previously reviewed by counsel for the Placement Agents (the “Press Release”), disclosing the material terms of the transactions contemplated hereby and (b) hereby. Within four Business Days from the date hereof, the Company will file a Current Report on Form 8-K with the Commission, including which shall have been previously reviewed by counsel for the Placement Agents, describing the terms of the Transaction Documents (and including as exhibits theretoto such Current Report on Form 8-K the material Transaction Documents (including, without limitation, this Agreement and the form of Warrant)). From and after the issuance of such press releasethe Press Release, the Company no Purchaser shall have publicly disclosed all be in possession of any material, non-public information delivered to any of the Purchasers by regarding the Company or its Subsidiaries received from the Company, any of its subsidiaries, Subsidiary or any of their respective officers, directors, employees or agents agents, that is not disclosed in connection the Press Release unless a Purchaser shall have executed a written agreement regarding the confidentiality and use of such information. Each Purchaser, severally and not jointly with the other Purchasers, covenants that until such time as the transactions contemplated by this Agreement are required to be publicly disclosed by the Transaction DocumentsCompany as described in this Section 4.5, such Purchaser will maintain the confidentiality of all disclosures made to it in connection with this transaction (including the existence and terms of this transaction). The Company and each Purchaser shall consult with each other in issuing any other press releases with respect Subject to the transactions contemplated herebyforegoing, and neither the Company nor any Purchaser shall issue any such press release nor otherwise make releases or any such other public statement statements with respect to the transactions contemplated hereby except as may be reviewed and approved by the Company and counsel for the Placement Agents; provided, however, that the Company shall be entitled, without the prior consent of the Company, with respect to any press release approval of any Purchaser, or without the prior consent of each Purchaser, with respect to make any press release of the Company, which consent shall not unreasonably be withheld or delayed, except if such other public disclosure as is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communication. Notwithstanding the foregoing, the Company shall not publicly disclose the name of any Purchaser, or include the name of any Purchaser in any filing with the Commission or any regulatory agency or Trading Market, without the prior written consent of such Purchaser, except (a) as required by federal securities applicable law in connection with the filing of final Transaction Documents (including signature pages thereto) with the Commission and (b) to the extent such disclosure is required by law or Trading Market regulations, in which case the Company shall provide the Purchasers with prior notice of such disclosure permitted under this clause (b).

Securities Laws Disclosure; Publicity. The Company shall (a) shall, by 8:30 a.m. (New York City time) within four (4) Eastern time on the Trading Days Day following the date hereofof this Agreement, issue a press release disclosing the material terms of the transactions contemplated hereby and (b) or file a Current Report on Form 8-K with the Commission, including the Transaction Documents as exhibits thereto. From and after the issuance reasonably acceptable to each Purchaser disclosing all material terms of such press release, the Company shall have publicly disclosed all material, non-public information delivered to any of the Purchasers by the Company or any of its subsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documentshereby. The Company and each Purchaser the Purchasers shall consult with each other in issuing any other press releases with respect to the transactions contemplated hereby, hereby and neither the Company nor any Purchaser shall issue any such press release nor or otherwise make any such public statement (i) without the prior consent of the Company, with respect to any press release of any Purchaser, or and (ii) without the prior consent of each Purchaser, Purchaser with respect to any press release of the Company, which consent in each case shall not unreasonably be withheld or delayedwithheld, except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communication. Notwithstanding the foregoing, other than in any registration statement filed pursuant to the Registration Rights Agreement and filings related thereto, the Company shall not publicly disclose the name of any Purchaser, or include the name of any Purchaser in any filing with the Commission or any regulatory agency or Trading Principal Market, without the prior written consent of such Purchaser, except (a) as required by federal securities law in connection with the filing of final Transaction Documents (including signature pages thereto) with the Commission and (b) to the extent such disclosure is required by law or Trading Principal Market regulations, in which case the Company shall provide the Purchasers each Purchaser with prior notice of such disclosure permitted under this clause (b)disclosure.

Securities Laws Disclosure; Publicity. The Company shall (a) by 8:30 a.m. (New York City time) within four (4) on the second Trading Days Day following the date hereof, issue a press release disclosing the material terms of the transactions contemplated hereby and (b) file by 8:30 a.m. (New York City time) on the second Trading Day following the date hereof, issue a Current Report on Form 8-K with disclosing the Commissionmaterial terms of the transactions contemplated hereby, including and attaching the Transaction Documents as exhibits thereto. From and after the issuance of such press release, the Company shall have publicly disclosed all material, non-public information delivered to any of the Purchasers by the Company or any of its subsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documents. The Company and each Purchaser shall consult with each other in issuing any other press releases with respect to the transactions contemplated hereby, and neither the Company nor any Purchaser shall issue any such press release nor or otherwise make any such public statement without the prior consent of the Company, with respect to any press release of any Purchaser, or without the prior consent of each Purchaser, with respect to any press release of the Company, which consent shall not unreasonably be withheld or delayed, except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communication. Notwithstanding the foregoing, the Company shall not publicly disclose the name of any Purchaser, or include the name of any Purchaser in any filing with the Commission or any regulatory agency or Trading Market, without the prior written consent of such Purchaser, except except: (a) as required by federal securities law in connection with (i) any registration statement contemplated by the Registration Rights Agreement and (ii) the filing of final Transaction Documents (including signature pages thereto) with the Commission and (b) to the extent such disclosure is required by law or Trading Market regulations, in which case the Company shall provide the Purchasers with prior notice of such disclosure permitted under this clause (b).

Securities Laws Disclosure; Publicity. The Company shall (a) shall, by 8:30 a.m. (New York City time) within four (4) on the Trading Days Day following the date hereof, issue a press release Current Report on Form 8-K disclosing the material terms of the transactions contemplated hereby and (b) file a Current Report on Form 8-K with the Commission, including attaching the Transaction Documents as exhibits thereto. From and after the issuance of such press release, the Company shall have publicly disclosed all material, non-public information delivered to any of the Purchasers by the Company or any of its subsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documents. The Company and each Purchaser shall consult with each other in issuing any other press releases with respect to the transactions contemplated hereby, and neither the Company nor any Purchaser shall issue any such press release nor or otherwise make any such public statement without the prior consent of the Company, with respect to any press release of any Purchaser, or without the prior consent of each Purchaser, with respect to any press release of the Company, which consent shall not unreasonably be withheld or delayed, except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communication. Notwithstanding the foregoing, the Company shall not publicly disclose the name of any Purchaser, or include the name of any Purchaser in any filing with the Commission or any regulatory agency or Trading Market, without the prior written consent of such Purchaser, except (ai) as required by federal securities law in connection with (A) any registration statement contemplated by the Registration Rights Agreement and (B) the filing of final Transaction Documents (including signature pages thereto) with the Commission and (bii) to the extent such disclosure is required by law or Trading Market regulations, in which case the Company shall provide the Purchasers with prior notice of such disclosure permitted under this clause (bii). The Company is authorized to permit any broker representing it to publish a “tombstone” for the transaction after Closing, which identifies the Company, the nature of the transaction and the broker’s role in the transaction.

Securities Laws Disclosure; Publicity. The Company shall (a) by shall, on or before 8:30 a.m. (a.m., New York City time) within four (4) , on the Trading Days Day following the date hereofClosing Date, issue a press release acceptable to the Purchasers disclosing the all material terms of the transactions contemplated hereby and (b) hereby. On or before the Trading Day following the Closing Date, the Company shall file a Current Report on Form 8-K with the Commission, including Commission (the “8-K Filing”) describing the terms of the transactions contemplated by the Transaction Documents and including as exhibits theretoto such Current Report on Form 8-K this Agreement and the form of the Warrants, in the form required by the Exchange Act. From and after the issuance of such press releaseThereafter, the Company shall have publicly disclosed all material, non-public information delivered to timely file any of the Purchasers filings and notices required by the Commission or applicable law with respect to the transactions contemplated hereby. The Company or any shall not, and shall cause each of its subsidiaries, or any Subsidiaries and its and each of their respective officers, directors, employees and agents not to, provide any Purchaser with any information it believes to be material nonpublic information regarding the Company or agents in connection with any of its Subsidiaries from and after the transactions contemplated by filing of the Transaction Documents8-K Filing without the express written consent of such Purchaser. The Company and each Purchaser shall consult agrees to comply with each other in issuing any other press releases with respect Regulation FD promulgated under the Exchange Act. Subject to the transactions contemplated herebyforegoing, and neither the Company nor any Purchaser shall issue any such press release nor otherwise make releases or any such other public statement statements with respect to the transactions contemplated hereby; provided, however, that the Company shall be entitled, without the prior consent of the Company, with respect to any press release approval of any Purchaser, to make any press release or without the prior consent of each Purchaser, other public disclosure with respect to any press release of such transactions (i) in substantial conformity with the Company, which consent shall not unreasonably be withheld or delayed, except if such disclosure 8-K Filing and contemporaneously therewith and (ii) as is required by lawapplicable law and regulations, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communication. Notwithstanding the foregoing, the Company shall not publicly disclose the name of any Purchaser, or include the name of any Purchaser in any filing with the Commission or any regulatory agency or Trading Market, without the prior written consent of such Purchaser, except (a) as required by federal securities law in connection with the filing of final Transaction Documents (including signature pages thereto) with the Commission and (b) to the extent such disclosure is required by law or Trading Market regulations, in which case the Company shall provide the Purchasers with prior notice of such disclosure permitted under this clause (b).

Securities Laws Disclosure; Publicity. The Company shall (a) shall, by 8:30 a.m. (New York City time) within four (4) on the Trading Days Day immediately following the date hereof, issue a press release disclosing the material terms of the transactions contemplated hereby hereby, and (b) by the second Trading Day following the date hereof, file a Current Report on Form 8-K with the Commission, Commission including the Transaction Documents as exhibits thereto. From and after the issuance of such press release, the Company shall have publicly disclosed all material, non-public information delivered to any of the Purchasers by the Company or any of its subsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documents. The Company and each Purchaser shall consult with each other in issuing any other press releases with respect to the transactions contemplated hereby, and neither the Company nor any Purchaser shall issue any such press release nor otherwise make any such public statement without the prior consent of the Company, with respect to any press release of any Purchaser, or without the prior consent of each Purchaser, with respect to any press release of the Company, which consent shall not unreasonably be withheld or delayed, except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communication. Notwithstanding the foregoing, the Company shall not publicly disclose the name of any Purchaser, or include the name of any Purchaser in any filing with the Commission or any regulatory agency or Trading Market, without the prior written consent of such Purchaser, except (a) as required by federal securities law in connection with the filing of final Transaction Documents (including signature pages thereto) with the Commission and (b) to the extent such disclosure is required by law or Trading Market regulations, in which case the Company shall provide the Purchasers with prior notice of such disclosure permitted under this clause (b).

Securities Laws Disclosure; Publicity. The Company shall (a) by 8:30 9:00 a.m. (New York City time) within four (4) on the Trading Days Day immediately following the date hereof, issue a press release disclosing the material terms of the transactions contemplated hereby hereby, and (b) file a Current Report on Form 8-K with the CommissionK, including the Transaction Documents as exhibits thereto, with the Commission within the time required by the Exchange Act. From and after the issuance of such press release, the Company represents to the Purchasers that it shall have publicly disclosed all material, non-public information delivered to any of the Purchasers by the Company or any of its subsidiariesSubsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documents. The Company and each Purchaser the Placement Agent shall consult with each other in issuing any other press releases with respect to the transactions contemplated hereby, and neither the Company nor any . No Purchaser shall issue any such press release nor otherwise make any such public statement without the prior consent of the Company, with respect to any press release of any Purchaser, or without the prior consent of each Purchaser, with respect to any press release of the Company, which consent shall not unreasonably be withheld or delayed, except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communication. Notwithstanding the foregoing, the Company shall not publicly disclose the name of any Purchaser, or include the name of any Purchaser in any filing with the Commission or any regulatory agency or Trading Market, without the prior written consent of such Purchaser, except (a) as required by federal securities law in connection with the filing of final Transaction Documents (including signature pages thereto) with the Commission and (b) to the extent such disclosure is required by law or Trading Market regulations, in which case the Company shall provide the Purchasers with prior notice of such disclosure permitted under this clause (b).

Securities Laws Disclosure; Publicity. The Company shall (a) by 8:30 a.m. (By 9:00 a.m., New York City time) within four (4) Trading Days , on the trading day immediately following the date hereofexecution of this Agreement, the Company shall issue a press release (the “Press Release”) disclosing the all material terms of the transactions contemplated hereby and (b) Offering. Within the time required by the Exchange Act, the Company will file a Current Report on Form the Super 8-K with (and including as exhibits to such Super 8-K, the Commission, including the material Transaction Documents as exhibits thereto. From (including, without limitation, this Agreement and after the issuance of such press release, the Company shall have publicly disclosed all material, non-public information delivered to any of the Purchasers by the Company or any of its subsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documents. The Company and each Purchaser shall consult with each other in issuing any other press releases with respect to the transactions contemplated hereby, and neither the Company nor any Purchaser shall issue any such press release nor otherwise make any such public statement without the prior consent of the Company, with respect to any press release of any Purchaser, or without the prior consent of each Purchaser, with respect to any press release of the Company, which consent shall not unreasonably be withheld or delayed, except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communicationRegistration Rights Agreement)). Notwithstanding the foregoing, the Company shall not publicly disclose the name of any Purchaser or an Affiliate of any Purchaser, or include the name of any Purchaser or an Affiliate of any Purchaser in any press release or filing with the Commission SEC (other than the Registration Statement) or any regulatory agency or Trading Marketprincipal trading market, without the prior written consent of such Purchaser, except (ai) as required by federal securities law in connection with (A) any registration statement contemplated by the Registration Rights Agreement and (B) the filing of final Transaction Documents (including signature pages thereto) with the Commission and SEC or (bii) to the extent such disclosure is required by law law, request of the staff of the SEC or Trading Market of any regulatory agency or principal trading market regulations, in which case the Company shall provide the Purchasers with prior written notice of such disclosure permitted under this sub-clause (bii) from and after the issuance of the Press Release, no Purchaser shall be in possession of any material, non-public information received from the Company or any of its respective officers, directors, employees or agents, that is not disclosed in the Press Release unless a Purchaser shall have executed a written agreement regarding the confidentiality and use of such information. Each Purchaser, severally and not jointly with the other Purchasers, covenants that until such time as the transactions contemplated by this Agreement are publicly disclosed by the Company as described in this Section 21, such Purchaser will maintain the confidentiality of all disclosures made to it in connection with such transactions (including the existence and terms of such transactions).

Securities Laws Disclosure; Publicity. The Company shall (a) shall, by 8:30 a.m. (New York City time) within four (4) Eastern time on the Trading Days Day following the date hereofof this Agreement, issue a press release disclosing the material terms of the transactions contemplated hereby and (b) or file a Current Report on Form 8-K with the Commission, including the Transaction Documents as exhibits thereto. From and after the issuance reasonably acceptable to each Purchaser disclosing all material terms of such press release, the Company shall have publicly disclosed all material, non-public information delivered to any of the Purchasers by the Company or any of its subsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documentshereby. The Company and each Purchaser the Purchasers shall consult with each other in issuing any other press releases with respect to the transactions contemplated hereby, hereby and neither the Company nor any Purchaser shall issue any such press release nor or otherwise make any such public statement without the prior consent of the Company, with respect to any press release of any Purchaser, or without the prior consent of each Purchaser, Purchaser with respect to any press release of the Company, which consent shall not unreasonably be withheld or delayed, except if such disclosure is required by lawlaw or regulation of the Principal Market, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communication. Notwithstanding the foregoing, except as required by law, other than in any registration statement filed pursuant to the Registration Rights Agreement and filings related thereto, the Company shall not publicly disclose the name of any Purchaser, or include the name of any Purchaser in any filing with the Commission or any regulatory agency or Trading Principal Market, without the prior written consent of such Purchaser, except (a) as required by federal securities law in connection with . In the filing of final Transaction Documents (including signature pages thereto) with the Commission and (b) to the extent event that such disclosure is required by law or Trading Principal Market regulations, in which case the Company shall provide the Purchasers each Purchaser with prior notice of such disclosure permitted under disclosure. Any consent requested pursuant to this clause (b)Section 4.7 by the Company or any Purchaser shall be deemed to have been given unless objection is provided within one day of the date requested.

Securities Laws Disclosure; Publicity. The Company shall (a) shall, by 8:30 a.m. (a.m., New York City time) within four (4) , on the Trading Days Day immediately following the date hereofEffective Date, issue a press release disclosing and shall, by 5:30 p.m., New York City time, on the material terms of fourth (4th) Trading Day immediately following the transactions contemplated hereby and (b) Effective Date, file a Current Report on Form 8-K with the Commission, including the Transaction Documents as exhibits thereto. From and after the issuance of such press release, the Company shall have publicly disclosed all material, non-public information delivered to any of the Purchasers by the Company or any of its subsidiaries, or any of their respective officers, directors, employees or agents in connection with describing the transactions contemplated by by, and attaching a complete copy of, the Transaction Documents. Such press release and Current Report on Form 8-K shall be reasonably acceptable to Investor. The Company and each Purchaser Investor shall consult with each other in issuing any other additional press releases with respect to the transactions contemplated hereby, and neither the Company nor any Purchaser Investor shall issue any such press release nor or otherwise make any such public statement without the prior consent of the Company, with respect to any such press release of any PurchaserInvestor, or without the prior consent of each PurchaserInvestor, with respect to any such press release of the Company, which consent shall not unreasonably be withheld or delayed, except if such disclosure is required by law, Trading Market regulations or judicial process, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communication. Notwithstanding the foregoing, the The Company shall not publicly disclose provide Investor with prior notice of any public disclosure of the name of any Purchaser, Investor or include contemplated inclusion of the name of any Purchaser Investor in any filing with the Commission SEC or any regulatory agency or Trading MarketMarket (it being hereby acknowledged and agreed by Investor that Investor’s name may be disclosed, without the prior written consent of such Purchaser, except (a) as required by federal securities law in connection with the filing of final Transaction Documents (including signature pages thereto) with the Commission and (b) to the extent such disclosure is required by law or Trading Market regulationsrequired, in which case a supplemental listing application with the Trading Market, any Current Report on Form 8-K of the Company shall provide describing the Purchasers with prior notice transactions contemplated by the Transaction Documents, in any Registration Statement and Prospectus covering any Common Shares, and in other reports of such disclosure permitted the Company required to be filed by the Company under this clause (bthe Act and the Exchange Act, including pursuant to Section 13(a) or 15(d) thereof).

Securities Laws Disclosure; Publicity. The Company shall (a) by 8:30 9:00 a.m. (New York City time) within four (4) on the Trading Days Day immediately following the date hereof, issue a press release disclosing the material terms of the transactions contemplated hereby and (b) file a Current Report on Form 8-K with the Commission, including the Transaction Documents as exhibits theretohereby. From and after the issuance of such press release, the Company represents to the Purchasers that it shall have publicly disclosed all material, non-public information delivered to any of the Purchasers by the Company or any of its subsidiariesSubsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documents. The Company and each Purchaser shall consult with each other in issuing any other press releases with respect to the transactions contemplated hereby, and neither the Company nor any Purchaser shall issue any such press release nor otherwise make any such public statement without the prior consent of the Company, with respect to any press release of any Purchaser, or without the prior consent of each Purchaser, with respect to any press release of the Company, which consent shall not unreasonably be withheld or delayed, except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communication. Notwithstanding the foregoing, the Company shall not publicly disclose the name of any Purchaser, or include the name of any Purchaser in any filing with the Commission or any regulatory agency or Trading Market, without the prior written consent of such Purchaser, except (a) as required by federal securities law in connection with the filing of final Transaction Documents (including signature pages thereto) with the Commission and (b) to the extent such disclosure is required by law or Trading Market regulations, in which case the Company shall provide the Purchasers with prior notice of such disclosure permitted under this clause (b).

Securities Laws Disclosure; Publicity. The Company shall (a) shall, by 8:30 a.m. Eastern time on the Trading Day following the date hereof, issue a Current Report on Form 8-K, reasonably acceptable to Bonanza (New York City timeas defined in Section 5.2 below) within disclosing the material terms of the transactions contemplated hereby, and shall, as soon as reasonably practicable, but not later than four (4) Trading Days following the date hereof, issue a press release disclosing the material terms of the transactions contemplated hereby and (b) file a an amendment to such Current Report on Form 8-K with the Commission, including that shall attach the Transaction Documents as exhibits thereto. From and after the issuance of such press release, the Company shall have publicly disclosed all material, non-public information delivered to any of the Purchasers by the Company or any of its subsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documents. The Company and each Purchaser shall consult with each other in issuing any other press releases with respect to the transactions contemplated hereby, and neither the Company nor any Purchaser shall issue any such press release nor or otherwise make any such public statement without the prior consent of the Company, with respect to any press release of any Purchaser, or without the prior consent of each Purchaser, with respect to any press release of the Company, which consent shall not unreasonably be withheld or delayedwithheld, except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communication. Notwithstanding the foregoing, the Company shall not publicly disclose the name of any Purchaser, or include the name of any Purchaser in any filing with the Commission or any regulatory agency or Trading Market, without the prior written consent of such Purchaser, except (ai) as required by federal securities law in connection with the filing of final Transaction Documents (including signature pages thereto) with registration statement contemplated by the Commission Registration Rights Agreement and (bii) to the extent such disclosure is required by law or Trading Market regulations, in which case the Company shall provide the Purchasers with prior notice of such disclosure permitted under this clause subclause (bi) or (ii).

Securities Laws Disclosure; Publicity. The Company shall (a) by 8:30 a.m. (By 10:00 a.m., New York City time) within four (4) Trading Days following , on the first business day after the date hereofof this Agreement, the Company shall issue one or more press releases or Current Reports on Form 8-K (collectively, the “Press Release”) reasonably acceptable to the Investor disclosing a press release disclosing summary of the material terms of the transactions contemplated hereby and (b) by the other Transaction Documents. On or before 9:00 a.m., New York City time, on the fourth trading day immediately following the execution of this Agreement, the Company will file a Current Report on Form 8-K with the Commission, including SEC describing the material terms of the Transaction Documents (and including as exhibits theretoto such Current Report on Form 8-K the material Transaction Documents or forms thereof). From and after If this Agreement terminates prior to any Closing, by the issuance end of the second business day following the date of such press releasetermination, the Company shall have publicly disclosed all material, non-public information delivered to any of the Purchasers by the Company or any of its subsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documents. The Company and each Purchaser shall consult with each other in issuing any other press releases with respect to the transactions contemplated hereby, and neither the Company nor any Purchaser shall issue any such a press release nor otherwise make any disclosing such public statement without the prior consent of the Company, with respect to any press release of any Purchaser, or without the prior consent of each Purchaser, with respect to any press release of the Company, which consent shall not unreasonably be withheld or delayed, except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communicationtermination. Notwithstanding the foregoing, the Company shall not publicly disclose the name of the Investor or any PurchaserAffiliate or investment adviser of the Investor, or include the name of the Investor or any Purchaser Affiliate or investment adviser of the Investor in any press release or in any filing with the Commission SEC (other than a registration statement) or any regulatory agency or Trading Markettrading market, without the prior written consent of such Purchaserthe Investor, except (ai) as required by the federal securities law laws in connection with (A) any registration statement contemplated by Section 5.19 and (B) the filing of final Transaction Documents (including signature pages thereto) with the Commission SEC and (bii) to the extent such disclosure is required by law law, at the request of the staff of the SEC or Trading Market regulatory agency or under trading market regulations, in which case the Company shall provide the Purchasers Investor with prior written notice of such disclosure permitted under this clause subclause (bii). Whenever any party determines, based upon the advice of such party’s counsel, that a public announcement or other disclosure is required by or advisable with respect to any applicable law or regulation, the parties shall discuss such disclosure with each other in good faith prior to the making of such public announcement or other disclosure.

Securities Laws Disclosure; Publicity. The Company shall (a) by 8:30 a.m. (New York City time) within four (4) on the Closing Date, or if Closing shall have occurred subsequent to 4:00 p.m. Eastern time on the Closing Date, on the Trading Days Day immediately following the date hereofClosing Date, issue a press release disclosing the material terms of the transactions contemplated hereby hereby, and (b) file a Current Report on Form 8-K with the CommissionK, including copies of the Transaction Documents (or the forms thereof) as exhibits thereto, with the Commission within the time required by the Exchange Act. From and after the issuance of such press release, the Company represents to the Purchasers that it shall have publicly disclosed all material, non-public information delivered to any of the Purchasers by the Company or any of its subsidiariesSubsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documents. The Company and each Purchaser shall consult with each other in issuing any other press releases with respect to the transactions contemplated hereby, and neither the Company nor any Purchaser shall issue any such press release nor otherwise make any such public statement without the prior consent of the Company, with respect to any press release of any Purchaser, or without the prior consent of each Purchaser, with respect to any press release of the Company, which consent shall not unreasonably be withheld or delayed, except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communication. Notwithstanding the foregoing, the Company shall not publicly disclose the name of any Purchaser, or include the name of any Purchaser in any filing with the Commission or any regulatory agency or Trading Market, without the prior written consent of such Purchaser, except (a) as required by federal securities law in connection with (i) the Registration Statement and (ii) the filing of final Transaction Documents (including signature pages or disclosure with respect thereto) with the Commission and (b) to the extent such disclosure is required by law or Trading Market regulations, in which case the Company shall provide the Purchasers with prior notice of such disclosure permitted under this clause (b).

Securities Laws Disclosure; Publicity. The Company shall (a) shall, by 8:30 a.m. 5:30 p.m. (New York City time) within four (4) on the fourth Trading Days Day immediately following the date hereof, issue file a Current Report on Form 8-K and press release disclosing the material terms of the transactions contemplated hereby and (b) file a Current Report on Form 8-K with the Commissionhereby, including the Transaction Documents as exhibits thereto. From and after the issuance of such press release, the Company represents to the Purchasers that it shall have publicly disclosed all material, non-public information delivered to any of the Purchasers by the Company or any of its subsidiariesSubsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documents. The Company and each Purchaser shall consult with each other in issuing any other press releases with respect to the transactions contemplated hereby, and neither the Company nor any Purchaser shall issue any such press release nor otherwise make any such public statement without the prior consent of the Company, with respect to any press release of any Purchaser, or without the prior consent of each Purchaser, with respect to any press release of the Company, which consent shall not unreasonably be withheld or delayed, except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communication. Notwithstanding the foregoing, the Company shall not publicly disclose the name of any Purchaser, or include the name of any Purchaser in any filing with the Commission or any regulatory agency or Trading Market, without the prior written consent of such Purchaser, except except: (a) as required by federal securities law in connection with the filing of final Transaction Documents (including conformed signature pages thereto) with the Commission and (b) to the extent such disclosure is required by law or Trading Market regulations, in which case the Company shall provide the Purchasers with prior notice of such disclosure permitted under this clause (b).

Securities Laws Disclosure; Publicity. Except as set forth below, no public release or announcement concerning the transactions contemplated hereby shall be issued by the Company or the Purchasers without the prior written consent of the Company (in the case of a release or announcement by the Purchasers) or the Requisite Purchasers (in the case of a release or announcement by the Company) (which consents shall not be unreasonably withheld), except as such release or announcement may be required by law or the applicable rules or regulations of any securities exchange or securities market, in which case the Company or the Purchasers, as the case may be, shall allow the Purchasers or the Company, as applicable, to the extent reasonably practicable in the circumstances, reasonable time to comment on such release or announcement in advance of such issuance. The Company shall shall: (a) by 8:30 9:00 a.m. (New York City time) within four (4) Trading Days on the Business Day following the date hereofexecution and delivery of this Agreement, issue a press release disclosing the material terms of the transactions contemplated hereby which shall have been previously reviewed by counsel for the Placement Agent (the “Press Release”), and (b) by 5:30 p.m. (New York City time) on the fourth Trading Day following the date hereof, file a one or more Current Report Reports on Form 8-K with disclosing the Commission, including the Transaction Documents as exhibits thereto. From and after the issuance material terms of such press release, the Company shall have publicly disclosed all material, non-public information delivered to any of the Purchasers by the Company or any of its subsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documents. The Company hereby and each Purchaser shall consult with each other in issuing any other press releases with respect material nonpublic information disclosed to the transactions contemplated herebyPurchasers which shall have been previously reviewed by counsel for the Placement Agent. Subject to the foregoing, and neither the Company nor any Purchaser shall issue any such press release nor otherwise make releases or any such other public statement statements with respect to the transactions contemplated hereby except as may be reviewed and approved by the Company and counsel to the Placement Agent; provided, however, that the Company shall be entitled, without the prior consent of the Company, with respect to any press release approval of any Purchaser, or without the prior consent of each Purchaser, with respect to make any press release of the Company, which consent shall not unreasonably be withheld or delayed, except if such other public disclosure as is required by lawapplicable law and regulations; provided, in which case the disclosing party shall promptly provide the further, that no such press release or other party with prior notice of such public statement or communication. Notwithstanding the foregoing, the Company shall not publicly disclose the name of any Purchaser, or include the name of identify any Purchaser in any filing with the Commission or any regulatory agency or Trading Market, without the prior written consent of such Purchaser, except (a) as required by federal securities law in connection with the filing of final Transaction Documents (including signature pages thereto) with the Commission and (b) to the extent such disclosure is required by law or Trading Market regulations, in which case the Company shall provide the Purchasers with ’s prior notice of such disclosure permitted under this clause (b)consent.

Securities Laws Disclosure; Publicity. The Company shall (a) shall, by 8:30 9:00 a.m. (New York City time) within four (4) on the Trading Days Day immediately following the date hereof, issue a press release disclosing the material terms of the transactions contemplated hereby and (b) file a Current Report on Form 8-K with the CommissionK, including the Transaction Documents as exhibits thereto, with the SEC. From and after the issuance of such press releaserelease and except to the extent otherwise specifically agreed to between the Company and any Investor, the Company represents to each Investor that it shall have publicly disclosed all material, non-public information delivered to any of the Purchasers Investors by the Company or any of its subsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documents. The Company and each Purchaser Investor shall consult with each other in issuing any other press releases with respect to the transactions contemplated hereby, and neither the Company nor any Purchaser Investor shall issue any such press release nor otherwise make any such public statement without the prior consent of the Company, with respect to any press release of any PurchaserInvestor, or without the prior consent of each PurchaserInvestor, with respect to any press release of the Company, which consent shall not unreasonably be withheld or delayed, except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communicationpress release. Notwithstanding the foregoing, the Company shall not publicly disclose the name of any PurchaserInvestor, or include the name of any Purchaser Investor in any filing with the Commission SEC or any regulatory agency or Trading Market, without the prior written consent of such PurchaserInvestor, except except: (a) as required by federal securities law in connection with the filing of final Transaction Documents (including signature pages thereto) with the Commission SEC or any registration statement contemplated by the registration rights provisions of Section 4.4 herein and (b) to the extent such disclosure is required by law or Trading Market regulations, in which case the Company shall provide the Purchasers Investors with prior notice of such disclosure permitted under this clause (b).

Securities Laws Disclosure; Publicity. The Company shall (a) by 8:30 a.m. (New York City time) within Within four (4) Trading Days following of the date hereof, the company shall issue a press release Current Report on Form 8-K, disclosing the material terms of the transactions contemplated hereby and (b) file a Current Report on Form 8-K with the Commission, including the Transaction Documents as exhibits thereto. From and after the issuance of such press release, the Company shall have publicly disclosed all material, non-public information delivered to any of the Purchasers by the Company or any of its subsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documents. The Company and each Purchaser shall consult with each other in issuing any other press releases with respect to the transactions contemplated hereby, and neither the Company nor any Purchaser shall issue any such press release nor or otherwise make any such public statement without the prior consent of the Company, with respect to any press release of any Purchaser, or without the prior consent of each Purchaser, with respect to any press release of the Company, which consent shall not unreasonably be withheld or delayed, except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communication. Notwithstanding the foregoing, the Company shall not publicly disclose the name of any Purchaser, or include the name of any Purchaser in any filing with the Commission or any regulatory agency or Trading Market, without the prior written consent of such Purchaser, except (ai) as required by federal securities law in connection with (A) any registration statement contemplated by the Registration Rights Agreement and (B) the filing of final Transaction Documents (including signature pages thereto) with the Commission and (bii) to the extent such disclosure is required by law or Trading Market regulations, in which case the Company shall provide the Purchasers with prior notice of such disclosure permitted under this clause subclause (bii).

Securities Laws Disclosure; Publicity. The Company shall (a) shall, by 8:30 a.m. (New York City time) within four (4) on the Trading Days Day immediately following the date hereof, issue a Current Report on Form 8-K (the “8-K Filing”) and press release disclosing the material terms of the transactions contemplated hereby hereby, and (b) file a Current Report on Form 8-K with the Commission, including the Transaction Documents as exhibits thereto. From and after the issuance of such press release, the Company shall have publicly disclosed all material, non-public information delivered to any of the Purchasers by the Company or any of its subsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documents. The Company and each Purchaser shall consult with each other in issuing any other press releases with respect to the transactions contemplated hereby, and neither the Company nor any Purchaser shall issue any such press release nor otherwise make any such public statement without the prior consent of the Company, with respect to any press release of any Purchaser, or without the prior consent of each Purchaser, with respect to any press release of the Company, which consent shall not unreasonably be withheld or delayed, except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communication. Notwithstanding the foregoing, the Company shall not publicly disclose the name of any Purchaser, or include the name of any Purchaser in any filing with the Commission or any regulatory agency or Trading Market, without the prior written consent of such Purchaser, except except: (a) as required by federal securities law in connection with the filing of final Transaction Documents (including signature pages thereto) with the Commission and (b) to the extent such disclosure is required by law or Trading Market regulations, in which case the Company shall provide the Purchasers with prior notice of such disclosure permitted under this clause (b).

Securities Laws Disclosure; Publicity. The Company shall (a) by 8:30 a.m. (New York City time) within four (4) Trading Days following the date hereofinclude in its Quarterly Report on Form 10-Q for period ending September 30, issue 2019 a press release disclosing description of the material terms of the transactions contemplated hereby and (b) file a Current Report on Form 8-K Note with the Commission, including SEC within the Transaction Documents as exhibits theretotime required by the 1934 Act. From and after the issuance filing of such press releaseForm 10-Q, the Company represents to the Holder that it shall have publicly disclosed all material, non-public information delivered to any of the Purchasers Holder by the Company Company, or any of its subsidiaries, or any of their respective officers, directors, employees employees, or agents in connection with the transactions contemplated by the Transaction Documentsthis Note. The Company and each Purchaser the Holder shall consult with each other in issuing any other press releases with respect to the transactions contemplated hereby, and neither the Company nor any Purchaser the Holder shall issue any such press release nor otherwise make any such public statement without the prior consent of the Company, with respect to any press release of any Purchaserthe Holder, or without the prior consent of each Purchaserthe Holder, with respect to any press release of the Company, none of which consent consents shall not be unreasonably be withheld or withheld, delayed, denied, or conditioned except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communication. Notwithstanding the foregoing, the Company shall not publicly disclose the name of any Purchaserthe Holder, or include the name of any Purchaser the Holder in any filing with the Commission SEC or any regulatory agency or Trading Principal Market, without the prior written consent of such Purchaserthe Holder, except (a) as required by federal securities law in connection with the filing of final Transaction Documents (including signature pages thereto) with the Commission and (b) to the extent such disclosure is required by law or Trading Principal Market regulations, in which case the Company shall provide the Purchasers Holder with prior notice of such disclosure permitted under this clause (b)hereunder.

Securities Laws Disclosure; Publicity. The Company shall (a) by 8:30 a.m. (By 9:00 a.m., New York City time) within four (4) , on the Trading Days Day immediately following the date hereofexecution of this Agreement, the Company shall issue a press release (the “Press Release”) disclosing the all material terms of the transactions contemplated hereby and (b) hereby. On or before 9:00 a.m., New York City time, on the Trading Day immediately following the execution of this Agreement, the Company will file a Current Report on Form 8-K with the Commission, including Commission describing the terms of the Transaction Documents (and including as exhibits thereto. From and after to such Current Report on Form 8-K the issuance of such press releasematerial Transaction Documents (including, without limitation, this Agreement, the Company shall have publicly disclosed all material, non-public information delivered to any of Warrant and the Purchasers by the Company or any of its subsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documents. The Company and each Purchaser shall consult with each other in issuing any other press releases with respect to the transactions contemplated hereby, and neither the Company nor any Purchaser shall issue any such press release nor otherwise make any such public statement without the prior consent of the Company, with respect to any press release of any Purchaser, or without the prior consent of each Purchaser, with respect to any press release of the Company, which consent shall not unreasonably be withheld or delayed, except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communicationRegistration Rights Agreement)). Notwithstanding the foregoing, the Company shall not publicly disclose the name of any Purchaser or an Affiliate of any Purchaser, or include the name of any Purchaser or an Affiliate of any Purchaser in any press release or filing with the Commission (other than the Registration Statements) or any regulatory agency or Trading Market, without the prior written consent of such Purchaser, except (ai) as required by federal securities law in connection with (A) any registration statement contemplated by the Registration Rights Agreement and (B) the filing of final Transaction Documents (including signature pages thereto) with the Commission and (bii) to the extent such disclosure is required by law law, request of the Staff of the Commission or Trading Market regulations, in which case the Company shall provide the Purchasers with prior written notice of such disclosure permitted under this clause subclause (bii). From and after the issuance of the Press Release, no Purchaser shall be in possession of any material, non-public information received from the Company, any Subsidiary or any of their respective officers, directors, employees or agents, that is not disclosed in the Press Release unless a Purchaser shall have executed a written agreement regarding the confidentiality and use of such information. Each Purchaser, severally and not jointly with the other Purchasers, covenants that until such time as the transactions contemplated by this Agreement are publicly disclosed by the Company as described in this Section 4.6, such Purchaser will maintain the confidentiality of all disclosures made to it in connection with this transaction (including the existence and terms of this transaction).

Securities Laws Disclosure; Publicity. The Company shall (a) by 8:30 a.m. (On or before 9:00 a.m., New York City time) within four (4) Trading Days , on the Business Day immediately following the date hereof, the Company shall issue a press release (the “Press Release”) disclosing the all material terms of the transactions contemplated hereby and (b) hereby. On or before 5:30 p.m., New York City time, on the fourth Trading Day immediately following the execution of this Agreement, the Company will file a Current Report on Form 8-K with the Commission, including Commission describing the terms of the Transaction Documents (and including as exhibits thereto. From and after to such Current Report on Form 8-K the issuance of such press release, the Company shall have publicly disclosed all material, non-public information delivered to any of the Purchasers by the Company or any of its subsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the material Transaction Documents. The Company and each Purchaser shall consult with each other in issuing any other press releases with respect to the transactions contemplated hereby, and neither the Company nor any Purchaser shall issue any such press release nor otherwise make any such public statement without the prior consent of the Company, with respect to any press release of any Purchaser, or without the prior consent of each Purchaser, with respect to any press release of the Company, which consent shall not unreasonably be withheld or delayed, except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communication. Notwithstanding the foregoing, the Company shall not publicly disclose the name of any Purchaser or an Affiliate of any Purchaser, or include the name of any Purchaser or an Affiliate of any Purchaser in any press release or filing with the Commission (other than the Registration Statement) or any regulatory agency or Trading Market, without the prior written consent of such Purchaser, except (ai) as required by federal securities law in connection with the filing of final Transaction Documents (including signature pages thereto) with the Commission and (bii) to the extent such disclosure is required by law law, request of the Staff of the Commission or Trading Market regulations, in which case the Company shall provide the Purchasers with prior written notice of such disclosure permitted under this clause subclause (bii). From and after the issuance of the Press Release, no Purchaser shall be in possession of any material, non-public information received from the Company or any of its officers, directors, employees or agents, that is not disclosed in the Press Release. Each Purchaser, severally and not jointly with the other Purchasers, covenants that it will comply with the provisions of any confidentiality or nondisclosure agreement executed by it and, in addition, until such time as the transactions contemplated by this Agreement are required to be publicly disclosed by the Company as described in this Section 4.4, such Purchaser will maintain the confidentiality of all disclosures made to it in connection with this transaction (including the existence and terms of this transaction).

Securities Laws Disclosure; Publicity. The Within the time required by the Exchange Act, the Company shall (a) by 8:30 a.m. (New York City time) within four (4) Trading Days following the date hereof, issue a press release disclosing the material terms of the transactions contemplated hereby and (b) will file a Current Report on Form 8-K with the Commission, including Commission describing the terms of the Transaction Documents (and including as exhibits thereto. From to such Current Report on Form 8-K the material Transaction Documents (including, without limitation, this Agreement and after the issuance of such press release, the Company shall have publicly disclosed all material, non-public information delivered to any of the Purchasers by the Company or any of its subsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documents. The Company and each Purchaser shall consult with each other in issuing any other press releases with respect to the transactions contemplated hereby, and neither the Company nor any Purchaser shall issue any such press release nor otherwise make any such public statement without the prior consent of the Company, with respect to any press release of any Purchaser, or without the prior consent of each Purchaser, with respect to any press release of the Company, which consent shall not unreasonably be withheld or delayed, except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communicationRegistration Rights Agreement)). Notwithstanding the foregoing, the Company shall not publicly disclose the name of any Purchaser or an Affiliate of any Purchaser, or include the name of any Purchaser or an Affiliate of any Purchaser in any press release or filing with the Commission (other than the Registration Statement) or any regulatory agency or Trading Market, without the prior written consent of such Purchaser, except (ai) as required by federal securities law in connection with (A) any registration statement contemplated by the Registration Rights Agreement and (B) the filing of final Transaction Documents (including signature pages thereto) with the Commission and or (bii) to the extent such disclosure is required by law law, request of the Staff of the Commission or Trading Market regulations, in which case the Company shall provide the Purchasers with prior written notice of such disclosure permitted under this clause subclause (bii). From and after the issuance of the Form 8-K, no Purchaser shall be in possession of any material, non-public information received from the Company or any of its respective officers, directors, employees or agents, that is not disclosed in the Form 8-K unless a Purchaser shall have executed a written agreement regarding the confidentiality and use of such information. Each Purchaser, severally and not jointly with the other Purchasers, covenants that until such time as the transactions contemplated by this Agreement are publicly disclosed by the Company as described in this Section 4.6, such Purchaser will maintain the confidentiality of all disclosures made to it in connection with such transactions (including the existence and terms of such transactions).

Securities Laws Disclosure; Publicity. The Company shall shall, (a) by 8:30 a.m. (New York City time) within four (4) Eastern time on the Trading Days Day following the date hereofClosing Date, issue a press release release, reasonably acceptable to the Purchasers acquiring a majority of the shares of Preferred Stock at the Closing disclosing the material terms of the transactions contemplated hereby and (b) file by 8:30 a.m. Eastern time on the second Trading Day following the Closing Date, issue a Current Report on Form 8-K with K, reasonably acceptable to each Purchaser disclosing the Commission, including material terms of the transactions contemplated hereby and shall attach the Transaction Documents thereto as exhibits thereto. From and after the issuance of such press release, the Company shall have publicly disclosed all material, non-public information delivered to any of the Purchasers by the Company or any of its subsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documentsexhibits. The Company and each Purchaser shall consult with each other in issuing any other press releases with respect to the transactions contemplated hereby, and neither the Company nor any Purchaser shall issue any such press release nor or otherwise make any such public statement without the prior consent of the Company, with respect to any press release of any Purchaser, or without the prior consent of each Purchaserthe Purchasers acquiring a majority of the shares of Preferred Stock at the Closing, with respect to any press release of the Company, which consent shall not unreasonably be withheld or delayedwithheld, except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communication. Notwithstanding the foregoing, the Company shall not publicly disclose the name of any Purchaser, or include the name of any Purchaser in any filing with the Commission or any regulatory agency or Trading Market, without the prior written consent of such Purchaser, except (ai) as required by federal securities law in connection with the filing of final Transaction Documents (including signature pages thereto) with registration statement contemplated by the Commission Registration Rights Agreement and (bii) to the extent such disclosure is required by law or Trading Market regulations, in which case the Company shall provide the Purchasers with prior notice of such disclosure permitted under this clause subclause (bi) or (ii).

Securities Laws Disclosure; Publicity. The Company shall (a) shall, by 8:30 a.m. (New York City time) within four (4) on the Trading Days Day immediately following the date hereof, issue a Current Report on Form 8-K and press release disclosing the material terms of the transactions contemplated hereby hereby, and (b) file a Current Report on Form 8-K with the Commission, including the Transaction Documents (except the Purchaser Questionnaires) as exhibits thereto. From and after the issuance of such press release, the Company shall have publicly disclosed all material, non-public information delivered to any of the Purchasers by the Company or any of its subsidiariesSubsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documents. The Company and each Purchaser shall consult with each other in issuing any other press releases with respect to the transactions contemplated hereby, and neither the Company nor any Purchaser shall issue any such press release nor otherwise make any such public statement without the prior consent of the Company, with respect to any press release of any Purchaser, or without the prior consent of the Purchasers holding at least 67% of the then outstanding Securities and each Purchasersuch Purchaser to which the press release applies, with respect to any press release of the Company, which consent shall not unreasonably be withheld or delayed, except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communication. Notwithstanding the foregoing, the Company shall not publicly disclose the name of any Purchaser, or include the name of any Purchaser in any filing with the Commission or any regulatory agency or Trading Market, without the prior written consent of such Purchaser, except except: (a) as required by federal securities law in connection with (i) any registration statement contemplated by the Registration Rights Agreement and (ii) the filing of final Transaction Documents (including signature pages thereto) with the Commission and (b) to the extent such disclosure is required by law or Trading Market regulations, in which case the Company shall provide the Purchasers with prior notice of such disclosure permitted under this clause (b).

Securities Laws Disclosure; Publicity. The Company shall by (a) by 8:30 a.m. (New York City time) within four (4) on the Trading Days Day immediately following the date hereof, issue a press release release, disclosing the material terms of the transactions contemplated hereby, and (b) 5:00 p.m. (New York City time) on the fourth Trading Day immediately following the date hereof, file a Current Report on Form 8-K, disclosing the material terms of the transactions contemplated hereby and (b) file a Current Report on Form 8-K with the Commission, including the Transaction Documents as exhibits thereto. From and after the issuance of such press release, the Company shall have publicly disclosed all material, non-public information delivered to any of the Purchasers by the Company or any of its subsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documents. The Company and each Purchaser shall consult with each other in issuing any other press releases with respect to the transactions contemplated hereby, and neither the Company nor any Purchaser shall issue any such press release nor otherwise make any such public statement without the prior consent of the Company, with respect to any press release of any Purchaser, or without the prior consent of each Purchaser, with respect to any press release of the Company, which consent shall not unreasonably be withheld or delayed, except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communication. Notwithstanding the foregoing, the Company shall not publicly disclose the name of any Purchaser, or include the name of any Purchaser in any filing with the Commission or any regulatory agency or Trading Market, without the prior written consent of such Purchaser, except except: (a) as required by federal securities law in connection with (i) any registration statement contemplated by the Registration Rights Agreement and (ii) the filing of final Transaction Documents (including signature pages thereto) with the Commission and (b) to the extent such disclosure is required by law or Trading Market regulations, in which case the Company shall provide the Purchasers with prior notice of such disclosure permitted under this clause (b).

Securities Laws Disclosure; Publicity. The Company shall (a) shall, by 8:30 a.m. (New York City time) within four (4) on the Trading Days Day immediately following the date hereofClosing Date, issue a press release disclosing the material terms of the transactions contemplated hereby and (b) file a Current Report on Form 8-K with the Commission, disclosing the material terms of the transactions contemplated hereby, and including the Transaction Documents as exhibits thereto. From and after the issuance of such press release, the Company shall have publicly disclosed all material, non-public information delivered to any of the Purchasers by the Company or any of its subsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documents. The Company and each Purchaser shall consult with each other in issuing any other press releases with respect to the transactions contemplated hereby, and neither the Company nor any Purchaser shall issue any such press release nor otherwise make any such public statement without the prior consent of the Company, with respect to any press release of any Purchaser, or without the prior consent of each Purchaser, with respect to any press release of the Company, which consent shall not unreasonably be withheld or delayed, except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communication. Notwithstanding the foregoing, the Company shall not publicly disclose the name of any Purchaser, or include the name of any Purchaser in any filing with the Commission or any regulatory agency or Trading Market, without the prior written consent of such Purchaser, except (a) as required by federal securities law in connection with the filing of final Transaction Documents (including signature pages thereto) with the Commission and (b) to the extent such disclosure is required by law or Trading Market regulations, in which case the Company shall provide the Purchasers with prior notice of such disclosure permitted under this clause (b).

Securities Laws Disclosure; Publicity. The Company shall (a) shall, by 8:30 9:00 a.m. (New York City time) within four (4) on the second Trading Days Day immediately following the date hereof, issue file a Current Report on Form 8-K and press release disclosing the material terms of the transactions contemplated hereby and (b) file a Current Report on Form 8-K with the Commissionhereby, including the Transaction Documents as exhibits thereto. From and after the issuance of such press release, the Company represents to the Purchasers that it shall have publicly disclosed all material, non-public information delivered to any of the Purchasers by the Company or any of its subsidiariesSubsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documents. The Company and each Purchaser shall consult with each other in issuing any other press releases with respect to the transactions contemplated hereby, and neither the Company nor any Purchaser shall issue any such press release nor otherwise make any such public statement without the prior consent of the Company, with respect to any press release of any Purchaser, or without the prior consent of each Purchaser, with respect to any press release of the Company, which consent shall not unreasonably be withheld or delayed, except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communication. Notwithstanding the foregoing, the Company shall not publicly disclose the name of any Purchaser, or include the name of any Purchaser in any filing with the Commission or any regulatory agency or Trading Market, without the prior written consent of such Purchaser, except except: (a) as required by federal securities law in connection with (i) any registration statement and (ii) the filing of final Transaction Documents (including conformed signature pages thereto) with the Commission and (b) to the extent such disclosure is required by law or Trading Market regulations, in which case the Company shall provide the Purchasers with prior notice of such disclosure permitted under this clause (b).

Securities Laws Disclosure; Publicity. The Company shall (a) by 8:30 a.m. (New York City time) within four (4) Trading Days following the date hereof, issue a press release disclosing the material terms of the transactions contemplated hereby and (bthe “Press Release”) no later than 9:00 A.M., New York City time, on the Trading Day immediately following the date of this Agreement. In addition, the Company shall file a Current Report on Form 8-K (the “8-K Filing”) with the Commission, including Commission describing the terms of the Transaction Documents (and including as exhibits thereto. From and after the issuance of to such press releaseCurrent Report on Form 8-K this Agreement, the Company shall have publicly disclosed all material, non-public information delivered to any form of Warrant and the Purchasers by Registration Rights Agreement) on or before the Company or any of its subsidiaries, or any of their respective officers, directors, employees or agents in connection with fourth Business Day following the transactions contemplated by the Transaction Documents. The Company and each Purchaser shall consult with each other in issuing any other press releases with respect to the transactions contemplated hereby, and neither the Company nor any Purchaser shall issue any such press release nor otherwise make any such public statement without the prior consent of the Company, with respect to any press release of any Purchaser, or without the prior consent of each Purchaser, with respect to any press release of the Company, which consent shall not unreasonably be withheld or delayed, except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communicationdate hereof. Notwithstanding the foregoing, the Company shall not publicly disclose the name of any Purchaser or any Affiliate or investment adviser of any Purchaser, or include the name of any Purchaser or any Affiliate or investment adviser of any Purchaser in any press release or filing with the Commission (other than the Registration Statement) or any regulatory agency or Trading Market, Market without the prior written consent of such Purchaser, except (ai) as required by federal securities law in connection with (A) any registration statement contemplated by the Registration Rights Agreement or (B) the filing of final Transaction Documents (including signature pages thereto) with the Commission and or (bii) to the extent such disclosure is otherwise required by law law, request of the Staff of the Commission or Trading Market regulations. From and after the issuance of the Press Release, no Purchaser shall be in which case possession of any material, non-public information received from the Company Company, any Subsidiary or any of their respective officers, directors, employees or agents, that is not disclosed in the Press Release unless a Purchaser shall provide have executed a written agreement regarding the Purchasers with prior notice confidentiality and use of such disclosure permitted under information, which written agreement shall survive the execution of this clause (b)Agreement and the Closing.

Securities Laws Disclosure; Publicity. The Within one (1) Trading Day immediately following the Closing Date, the Company shall issue one or more press releases (acollectively, the “Press Release”) by 8:30 a.m. (New York City time) within four (4) Trading Days following reasonably acceptable to the date hereof, issue a press release Purchasers disclosing the all material terms of the transactions contemplated hereby and (b) hereby. On or before 9:00 a.m., New York City time, on the fourth Trading Day immediately following the execution of this Agreement, the Company will file a Current Report on Form 8-K with the Commission, including Commission describing the terms of the Transaction Documents (and including as exhibits thereto. From and after to such Current Report on Form 8-K the issuance of such press releasematerial Transaction Documents (including, without limitation, this Agreement, the Company shall have publicly disclosed all material, non-public information delivered to any Registration Rights Agreement and the Articles of the Purchasers by the Company or any of its subsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documents. The Company and each Purchaser shall consult with each other in issuing any other press releases with respect to the transactions contemplated hereby, and neither the Company nor any Purchaser shall issue any such press release nor otherwise make any such public statement without the prior consent of the Company, with respect to any press release of any Purchaser, or without the prior consent of each Purchaser, with respect to any press release of the Company, which consent shall not unreasonably be withheld or delayed, except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communicationAmendment)). Notwithstanding the foregoing, the Company shall not publicly disclose the name of any Purchaser or any Affiliate or investment adviser of any Purchaser, or include the name of any Purchaser or any Affiliate or investment adviser of any Purchaser in any press release or filing with the Commission (other than the Registration Statement) or any regulatory agency or Trading Market, without the prior written consent of such Purchaser, except (ai) as required by federal securities law in connection with (A) any registration statement contemplated by the Registration Rights Agreement and (B) the filing of final Transaction Documents (including signature pages thereto) with the Commission and (bii) to the extent such disclosure is required by law law, at the request of the Staff of the Commission or Trading Market regulations, in which case the Company shall provide the Purchasers with prior written notice of such disclosure permitted under this clause subclause (bii). Each Purchaser, severally and not jointly with the other Purchasers, covenants that until such time as the transactions contemplated by this Agreement are publicly disclosed by the Company, such Purchaser will maintain the confidentiality of the existence and terms of the transaction contemplated herein.

Securities Laws Disclosure; Publicity. The Company shall (a) shall, by 8:30 a.m. 5:30 p.m. (New York City time) within four on the fourth (44th) Trading Days Day immediately following the date hereof, issue file a Current Report on Form 8-K and press release disclosing the material terms of the transactions contemplated hereby and (b) file a Current Report on Form 8-K with the Commissionhereby, including the Transaction Documents as exhibits thereto. From and after the issuance of such press release, the Company represents to the Purchasers that it shall have publicly disclosed all material, non-public information delivered to any of the Purchasers by the Company or any of its subsidiariesSubsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documents. The Company and each Purchaser shall consult with each other in issuing any other press releases with respect to the transactions contemplated hereby, and neither the Company nor any Purchaser shall issue any such press release nor otherwise make any such public statement without the prior consent of the Company, with respect to any press release of any Purchaser, or without the prior consent of each Purchaser, with respect to any press release of the Company, which consent shall not unreasonably be withheld or delayed, except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communication. Notwithstanding the foregoing, the Company shall not publicly disclose the name of any Purchaser, or include the name of any Purchaser in any filing with the Commission or any regulatory agency or Trading Market, without the prior written consent of such Purchaser, except except: (a) as required by federal securities law in connection with (i) any registration statement contemplated by the Registration Rights Agreement and (ii) the filing of final Transaction Documents (including conformed signature pages thereto) with the Commission and (b) to the extent such disclosure is required by law or Trading Market regulations, in which case the Company shall provide the Purchasers with prior notice of such disclosure permitted under this clause (b).

Securities Laws Disclosure; Publicity. The Company shall (a) by 8:30 9:30 a.m. (New York City time) within four (4) Eastern Time on the Trading Days Day immediately following the date hereofDate of Execution, issue a press release disclosing the material terms of the transactions contemplated hereby hereby, and (b) file a Current Report on Form 8-K K, including a copy of this Note as an exhibit thereto, with the Commission, including SEC within the Transaction Documents as exhibits theretotime required by the 1934 Act. From and after the issuance filing of such press release, the Company represents to the Holder that it shall have publicly disclosed all material, non-public information delivered to any of the Purchasers Holder by the Company Company, or any of its subsidiaries, or any of their respective officers, directors, employees employees, or agents in connection with the transactions contemplated by the Transaction Documentsthis Note. The Company and each Purchaser the Holder shall consult with each other in issuing any other press releases with respect to the transactions contemplated hereby, and neither the Company nor any Purchaser the Holder shall issue any such press release nor otherwise make any such public statement without the prior consent of the Company, with respect to any press release of any Purchaserthe Holder, or without the prior consent of each Purchaserthe Holder, with respect to any press release of the Company, none of which consent consents shall not be unreasonably be withheld or withheld, delayed, denied, or conditioned except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communication. Notwithstanding the foregoing, the Company shall not publicly disclose the name of any Purchaserthe Holder, or include the name of any Purchaser the Holder in any filing with the Commission SEC or any regulatory agency or Trading Principal Market, without the prior written consent of such Purchaserthe Holder, except (a) as required by federal securities law in connection with the filing of final Transaction Documents (including signature pages thereto) with the Commission and (b) to the extent such disclosure is required by law or Trading Principal Market regulations, in which case the Company shall provide the Purchasers Holder with prior notice of such disclosure permitted under hereunder. The Company agrees that this clause (b)is a material term of this Note and any breach of this Section 4.00(h) will result in a default of the Note.

Securities Laws Disclosure; Publicity. The Company shall (a) Borrower shall, by 8:30 9:30 a.m. (New York City time) within four (4) on the Trading Days Day following of the date Date hereof, issue a press release disclosing the material terms of the transactions contemplated hereby and (b) file a Current Report on Form 8-K with the Commission, including by the Transaction Documents as exhibits theretoDocuments. From and after the issuance of such the press release, the Company Borrower represents to the Lender that it shall have publicly disclosed all material, non-public information delivered to the Lender by the Borrower or any of the Purchasers by the Company or any of its subsidiariesSubsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documents. The Company Borrower and each Purchaser the Lender shall consult with each other in issuing any other press releases with respect to the transactions contemplated hereby, and neither the Company Borrower nor any Purchaser the Lender shall issue any such press release nor otherwise make any such public statement without the prior consent of the Company, with respect to any press release of any Purchaser, or without the prior consent of each PurchaserBorrower, with respect to any press release of the CompanyLender, or without the prior consent of the Lender, with respect to any press release of the Borrower, which consent shall not unreasonably be withheld or delayed, except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communication. Notwithstanding the foregoing, the Company Borrower shall not publicly disclose the name of any Purchaserthe Lender, or include the name of any Purchaser the Lender in any filing with the Commission or any U.S. regulatory agency or Trading Markettrading market unless the name of the Lender is already included in the body of the Transaction Documents, without the prior written consent of such Purchaser, except (a) as required by federal securities law in connection with the filing of final Transaction Documents (including signature pages thereto) with the Commission and (b) to the extent such disclosure is required by law or Trading Market regulations, in which case the Company shall provide the Purchasers with prior notice of such disclosure permitted under this clause (b)Lender.

Securities Laws Disclosure; Publicity. The Company shall (a) shall, by 8:30 a.m. (New York City time) within four (4) Eastern time on the Trading Days Day following the date hereofof this Agreement, issue a press release or submit a Form 6-K reasonably acceptable to the holders of a majority, in value, of the then outstanding Securities disclosing the all material terms of the transactions contemplated hereby and (b) file a Current Report on Form 8-K with the Commission, including the Transaction Documents as exhibits thereto. From and after the issuance of such press release, the Company shall have publicly disclosed all material, non-public information delivered to any of the Purchasers by the Company or any of its subsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documentshereby. The Company and each Purchaser the Purchasers shall consult with each other in issuing any other press releases with respect to the transactions contemplated hereby, hereby and neither the Company nor any Purchaser shall issue any such press release nor or otherwise make any such public statement without the prior consent of the Company, with respect to any press release of any Purchaser, or without the prior consent of each Purchaser, with respect to any press release of the Company, which consent shall not unreasonably be withheld or delayedwithheld, except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communication. Notwithstanding the foregoing, other than in any registration statement filed pursuant to the Registration Rights Agreement and filings related thereto, the Company shall not publicly disclose the name of any Purchaser, or include the name of any Purchaser in any filing with the Commission or any regulatory agency or Trading Principal Market, without the prior written consent of such Purchaser, except (a) as required by federal securities law in connection with the filing of final Transaction Documents (including signature pages thereto) with the Commission and (b) to the extent such disclosure is required by law or Trading Principal Market regulations, in which case the Company shall provide the Purchasers each Purchaser with prior notice of such disclosure permitted under this clause (b)disclosure.

Securities Laws Disclosure; Publicity. The Company shall (a) shall, by 8:30 a.m. (New York City time) within four (4) on the Trading Days Day immediately following the date hereof, issue a Current Report on Form 8-K (the “8-K Filing”) and press release disclosing the material terms of the transactions contemplated hereby hereby, and (b) file a Current Report on Form 8-K with the Commission, including the Transaction Documents as exhibits thereto. From and after the issuance of such press release, the Company shall have publicly disclosed all material, non-public information delivered to any of the Purchasers by the Company or any of its subsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documents. The Company and each Purchaser shall consult with each other in issuing any other press releases with respect to the transactions contemplated hereby, and neither the Company nor any Purchaser shall issue any such press release nor otherwise make any such public statement without the prior consent of the Company, with respect to any press release of any Purchaser, or without the prior consent of each Purchaser, with respect to any press release of the Company, which consent shall not unreasonably be withheld or delayed, except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communication. Notwithstanding the foregoing, the Company shall not publicly disclose the name of any Purchaser, or include the name of any Purchaser in any filing with the Commission or any regulatory agency or Trading Market, without the prior written consent of such Purchaser, except except: (a) as required by federal securities law in connection with (i) any registration statement contemplated by the Registration Rights Agreement and (ii) the filing of final Transaction Documents (including signature pages thereto) with the Commission and (b) to the extent such disclosure is required by law or Trading Market regulations, in which case the Company shall provide the Purchasers with prior notice of such disclosure permitted under this clause (b).

Securities Laws Disclosure; Publicity. The Company shall (a) by 8:30 a.m. (New York City time) within four (4) Trading Days following the date hereofDisclosure Time, issue a press release disclosing the material terms of the transactions contemplated hereby hereby, and otherwise publicly disseminate (including on a Current Report on Form 8-K) the information on Schedule A, and (b) file a Current Report on Form 8-K with the CommissionK, including the Transaction Documents as exhibits thereto, with the Commission within the time required by the Exchange Act. From and after the issuance of such press releaserelease and the dissemination of the information set forth on Schedule A hereto, the Company represents to the Purchasers that it shall have publicly disclosed all material, non-public information delivered to any of the Purchasers by the Company or any of its subsidiariesSubsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documents. The Company and each Purchaser shall consult with each other in issuing any other In addition, effective upon the issuance of such press releases with respect to the transactions contemplated herebyrelease, and neither the Company nor acknowledges and agrees that any Purchaser shall issue and all confidentiality or similar obligations under any such press release nor otherwise make any such public statement without the prior consent of agreement, whether written or oral, between the Company, with respect to any press release of its Subsidiaries or any Purchaserof their respective officers, directors, agents, employees or without Affiliates on the prior consent of each Purchaserone hand, with respect to and any press release of the Company, which consent shall not unreasonably be withheld Purchasers or delayed, except if such disclosure is required by law, in which case the disclosing party shall promptly provide any of their Affiliates on the other party with prior notice of such public statement or communicationhand, shall terminate. Notwithstanding the foregoing, the Company shall not publicly disclose the name of any Purchaser, or include the name of any Purchaser in any filing with the Commission or any regulatory agency or Trading Market, without the prior written consent of such Purchaser, except (a) as required by federal securities law in connection with the filing of final Transaction Documents (including signature pages thereto) with the Commission and (b) to the extent such disclosure is required by law or Trading Market regulations, in which case the Company shall (to the extent legally permissible) provide the Purchasers with prior notice of such disclosure permitted under this clause (b).

Securities Laws Disclosure; Publicity. The Company shall (a) by 8:30 a.m. (New York City time) within four (4) Trading Days following the date hereof, issue a press release disclosing the material terms of the transactions contemplated hereby and (b) file a Current Report on Form 8-K with the Commission, including the Transaction Documents as exhibits theretothereto within four Business Days of the date hereof. From and after the issuance filing of such press releaseForm 8-K, the Company represents to the Purchasers that it shall have publicly disclosed all material, non-public information delivered to any of the Purchasers by the Company or any of its subsidiariesSubsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documents. The Company and each Purchaser shall consult with each other in issuing any other press releases with respect to the transactions contemplated hereby, and neither the Company nor any Purchaser shall issue any such press release nor otherwise make any such public statement without the prior consent of the Company, with respect to any press release of any Purchaser, or without the prior consent of each Purchaser, with respect to any press release of the Company, which consent shall not unreasonably be withheld or delayed, except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communication. Notwithstanding the foregoing, the Company shall not publicly disclose the name of any Purchaser, or include the name of any Purchaser in any filing with the Commission or any regulatory agency or Trading MarketMarket unless the name of such Purchaser is already included in the body of the Transaction Documents, without the prior written consent of such Purchaser, except except: (a) as required by federal or state securities law in connection with the filing of final Transaction Documents (including signature pages thereto) with the Commission and (b) to the extent such disclosure is required by law or Trading Market regulations, in which case the Company shall provide the Purchasers with prior notice of such disclosure permitted under this clause (b).

Securities Laws Disclosure; Publicity. The Company shall (a) by 8:30 a.m. (By 9:00 a.m., New York City time) within four (4) , on the Trading Days Day immediately following the date hereof, the Company shall issue a press release (the “Press Release”) disclosing the all material terms of the transactions contemplated hereby and (b) hereby. On or before 5:30 p.m., New York City time, on the fourth Business Day immediately following the execution of this Agreement, the Company will file a Current Report on Form 8-K with the Commission, including Commission describing the terms of the Transaction Documents (and including as exhibits thereto. From to such Current Report on Form 8-K the material Transaction Documents (including, without limitation, this Agreement and after the issuance of such press release, the Company shall have publicly disclosed all material, non-public information delivered to any of the Purchasers by the Company or any of its subsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documents. The Company and each Purchaser shall consult with each other in issuing any other press releases with respect to the transactions contemplated hereby, and neither the Company nor any Purchaser shall issue any such press release nor otherwise make any such public statement without the prior consent of the Company, with respect to any press release of any Purchaser, or without the prior consent of each Purchaser, with respect to any press release of the Company, which consent shall not unreasonably be withheld or delayed, except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communicationRegistration Rights Agreement)). Notwithstanding the foregoing, the Company shall not publicly disclose the name of any the Purchaser or an Affiliate of the Purchaser, or include the name of any the Purchaser or an Affiliate of the Purchaser in any press release or filing with the Commission (other than the Registration Statement) or any regulatory agency or Trading Market, without the prior written consent of such the Purchaser, except (ai) as required by U.S. federal securities law in connection with (A) any registration statement contemplated by the Registration Rights Agreement or (B) the filing of final Transaction Documents (including signature pages thereto) with the Commission and (bii) to the extent such disclosure is required by law law, request of the Commission’s staff or Trading Market regulations, in which case the Company shall provide the Purchasers Purchaser with prior written notice of such disclosure permitted under this clause subclause (bii). From and after the issuance of the Press Release, no Purchaser shall be in possession of any material, non-public information received from the Company, any Subsidiary or any of their respective officers, directors, employees or agents, that is not disclosed in the Press Release. The Purchaser covenants that until such time as the transactions contemplated by this Agreement are required to be publicly disclosed by the Company as described in this Section 4.4, the Purchaser will maintain the confidentiality of all disclosures made to it in connection with this transaction (including the existence and terms of this transaction); provided, however, any disclosure may be made by the Purchaser to the Purchaser’s representatives or agents, including, but not limited to, the Purchaser’s legal, tax and investment advisors. In addition, effective upon the issuance of the Press Release, the Company acknowledges and agrees that any and all confidentiality or similar obligations under any agreement, whether written or oral, between the Company, any of its Subsidiaries or any of their respective officers, directors, Affiliates, employees or agents on the one hand, and the Purchaser or any of its Affiliates, on the other hand, shall terminate and be of no further force or effect.

Securities Laws Disclosure; Publicity. The Company shall (a) by 8:30 a.m. (New York City time) within four (4) Trading Days following the date hereof), issue a press release disclosing the material terms of the transactions contemplated hereby within four (4) Trading Days immediately following the date hereof and (b) file a Current Report on Form 8-K with the Commission, including the Transaction Documents as exhibits thereto, within four (4) Trading Days following the date hereof. From and after the issuance of such press release, the Company shall have publicly disclosed all material, non-public information delivered to any of the Purchasers by the Company or any of its subsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documents. The Company and each Purchaser shall consult with each other in issuing any other press releases with respect to the transactions contemplated hereby, and neither the Company nor any Purchaser shall issue any such press release nor otherwise make any such public statement without the prior consent of the Company, with respect to any press release of any Purchaser, or without the prior consent of each Purchaser, with respect to any press release of the Company, which consent shall not unreasonably be withheld or delayed, except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communication. Notwithstanding the foregoing, the Company shall not publicly disclose the name of any Purchaser, or include the name of any Purchaser in any filing with the Commission or any regulatory agency or Trading Market, without the prior written consent of such Purchaser, except (a) as required by federal securities law in connection with the filing of final Transaction Documents (including signature pages thereto) with the Commission and (b) to the extent such disclosure is required by law or Trading Market regulations, in which case the Company shall provide the Purchasers such Purchaser with prior notice of such disclosure permitted under this clause (b).

Securities Laws Disclosure; Publicity. The Company shall (a) by 8:30 9:30 a.m. (New York City time) within four (4) Eastern Time on the Trading Days Day immediately following the date hereofDate of Execution, issue a press release disclosing the material terms of the transactions contemplated hereby and hereby, or (b) file a Current Report on Form 8-K Current Report (the “Current Report”) on XXXXX with the Commission, including SEC disclosing the Transaction Documents as exhibits theretomaterial terms of the transactions contemplated hereby. From and after the issuance filing of such press releasethe Current Report, the Company represents to the Holder that it shall have publicly disclosed all material, non-public information delivered to any of the Purchasers Holder by the Company Company, or any of its subsidiaries, or any of their respective officers, directors, employees employees, or agents in connection with the transactions contemplated by the Transaction Documentsthis Note. The Company and each Purchaser the Holder shall consult with each other in issuing any other press releases with respect to the transactions contemplated hereby, and neither the Company nor any Purchaser the Holder shall issue any such press release nor otherwise make any such public statement without the prior consent of the Company, with respect to any press release of any Purchaserthe Holder, or without the prior consent of each Purchaserthe Holder, with respect to any press release of the Company, none of which consent consents shall not be unreasonably be withheld or withheld, delayed, denied, or conditioned except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communication. Notwithstanding the foregoing, the Company shall not publicly disclose the name of any Purchaserthe Holder, or include the name of any Purchaser the Holder in any filing with the Commission SEC or any regulatory agency or Trading Principal Market, without the prior written consent of such Purchaserthe Holder, except (a) as required by federal securities law in connection with the filing of final Transaction Documents (including signature pages thereto) with the Commission and (b) to the extent such disclosure is required by law or Trading Principal Market regulations, in which case the Company shall provide the Purchasers Holder with prior notice of such disclosure permitted under hereunder. The Company agrees that this clause (b)is a material term of this Note and any breach of this Section 4.00(h) will result in a default of the Note.

Securities Laws Disclosure; Publicity. The Company shall (ai) by 8:30 a.m. (New York City time) within four (4) on the Trading Days Day immediately following the date hereof, issue a press release disclosing the material terms of the transactions contemplated hereby and (bii) file by 8:30 a.m. (New York City time) on the fourth Trading Day immediately following the date hereof, issue a Current Report on Form 8-K with K, disclosing the Commission, including material terms of the transactions contemplated hereby and filing the Transaction Documents as exhibits thereto. From and after the issuance of such press release, the Company shall have publicly disclosed all material, non-public information delivered to any of the Purchasers by the Company or any of its subsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documents. The Company and each Purchaser shall consult with each other in issuing any other press releases with respect to the transactions contemplated hereby, and neither the Company nor any Purchaser shall issue any such press release nor or otherwise make any such public statement without the prior consent of the Company, with respect to any press release of any Purchaser, or without the prior consent of each Purchaser, with respect to any press release of the Company, which consent shall not unreasonably be withheld or delayed, except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communication. Notwithstanding the foregoing, the Company shall not publicly disclose the name of any Purchaser, or include the name of any Purchaser in any filing with the Commission or any regulatory agency or Trading Market, without the prior written consent of such Purchaser, except (ai) as required by federal securities law in connection with (A) any registration statement contemplated by the Registration Rights Agreement and (B) the filing of final Transaction Documents (including signature pages thereto) with the Commission and (bii) to the extent such disclosure is required by law or Trading Market regulations, in which case the Company shall provide the Purchasers with prior notice of such disclosure permitted under this clause subclause (bii).

Securities Laws Disclosure; Publicity. The Company shall (a) by shall, on or before 8:30 a.m. (a.m., New York City time) within four (4) , on the first Trading Days Day following the date hereofexecution of this Agreement, issue a press release reasonably acceptable to the Investors disclosing the all material terms of the transactions contemplated hereby and (b) hereby. On the Closing Date, the Company shall file a Current Report on Form 8-K with the Commission, including SEC (the Transaction Documents as exhibits thereto. From and after “8-K Filing”) describing the issuance terms of such press release, the Company shall have publicly disclosed all material, non-public information delivered to any of the Purchasers by the Company or any of its subsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction DocumentsDocuments and including as exhibits to 8-K Filing the Transaction Documents (including the schedules and the names, and addresses of the Investors and the amount(s) of Securities respectively purchased) and the form of Warrants, in the form required by the Exchange Act. The Thereafter, the Company shall timely file any filings and each Purchaser shall consult with each other in issuing any other press releases notices required by the SEC or applicable law with respect to the transactions contemplated hereby, hereby and neither provide copies thereof to the Company nor any Purchaser shall issue any such press release nor otherwise make any such public statement without the prior consent of the Company, with respect to any press release of any Purchaser, or without the prior consent of each Purchaser, with respect to any press release of the Company, which consent shall not unreasonably be withheld or delayed, except if such disclosure is required by law, in which case the disclosing party shall Investors promptly provide the other party with prior notice of such public statement or communicationafter filing. Notwithstanding the foregoingExcept as herein provided, the Company shall not publicly disclose the name of any PurchaserInvestor, or include the name of any Purchaser Investor in any filing with the Commission or any regulatory agency or Trading Market, press release without the prior written consent of such PurchaserInvestor, except (a) as unless otherwise required by federal securities law in connection law. The Company shall not, and shall cause each of its Subsidiaries and its and each of their respective officers, directors, employees and agents not to, provide any Investor with the filing of final Transaction Documents (including signature pages thereto) with the Commission and (b) to the extent such disclosure is required by law or Trading Market regulations, in which case any material nonpublic information regarding the Company shall provide or any of its Subsidiaries from and after the Purchasers with prior notice issuance of the above referenced press release without the express written consent of such disclosure permitted under this clause (b)Investor.

Securities Laws Disclosure; Publicity. The Company shall shall, (a1) by 8:30 a.m. (New York City time) within four (4) on the Trading Days Day immediately following the date hereof, issue a press release disclosing the material terms of the transactions contemplated hereby hereby, and (b2) by 5:00 p.m. (New York time) on the Trading Day immediately following the date hereof, file a Current Report on Form 8-K with disclosing the Commissionmaterial terms of the transactions contemplated hereby, and including the Transaction Documents as exhibits thereto. From and after the issuance of such press release, the Company shall have publicly disclosed all material, non-public information delivered prior to the issuance of such press release to any of the Purchasers by the Company or any of its subsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documents. The Company and each Purchaser shall consult with each other in issuing any other press releases with respect to the transactions contemplated hereby, and neither the Company nor any Purchaser shall issue any such press release nor otherwise make any such public statement without the prior consent of the Company, with respect to any press release of any Purchaser, or without the prior consent of each Purchaser, with respect to any press release of the Company, which consent shall not unreasonably be withheld or delayed, except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communication. Notwithstanding the foregoing, the Company shall not publicly disclose the name of any Purchaser, or include the name of any Purchaser in any filing with the Commission or any regulatory agency or Trading Market, without the prior written consent of such Purchaser, except (a) as required by federal securities law in connection with (i) any registration statement contemplated by the Registration Rights Agreement and (ii) the filing of final Transaction Documents (including signature pages thereto) with the Commission and (b) to the extent such disclosure is required by law or Trading Market regulations, in which case the Company shall provide the Purchasers with prior notice of such disclosure permitted under this clause (b)Commission.

Securities Laws Disclosure; Publicity. The Company shall (a) by 8:30 9:00 a.m. (New York City time) within four (4) on the Trading Days Day immediately following the date hereof, issue a press release disclosing the material terms of the transactions contemplated hereby and (b) file a Current Report on Form 8-K with the CommissionK, including the Transaction Documents as exhibits thereto, with the Commission on the First Closing Date. From and after the issuance of such press release, the Company represents to the Purchasers that the Company shall have publicly disclosed all material, non-public information delivered to any of the Purchasers by the Company or any of its subsidiariesSubsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documents. The Company and each Purchaser shall consult with each other in issuing any other In addition, effective upon the issuance of such press releases with respect to the transactions contemplated herebyrelease, and neither the Company nor acknowledges and agrees that any Purchaser shall issue and all confidentiality or similar obligations under any such press release nor otherwise make any such public statement without the prior consent of agreement, whether written or oral, between the Company, with respect to any press release of its Subsidiaries or any Purchaserof their respective officers, directors, agents, employees or without Affiliates on the prior consent of each Purchaserone hand, with respect to and any press release of the Company, which consent shall not unreasonably be withheld Purchasers or delayed, except if such disclosure is required by law, in which case the disclosing party shall promptly provide any of their Affiliates on the other party with prior notice of such public statement or communicationhand, shall terminate. Notwithstanding the foregoing, the The Company shall not publicly disclose the name of any PurchaserPurchaser in any press release, or include the name of any Purchaser in any filing with the Commission or any regulatory agency or Trading Market, without the prior written consent of such Purchaser, except except: (a) as required by federal securities law in connection with any registration statement contemplated by the filing of final Transaction Documents (including signature pages thereto) with Registration Rights Agreement or the Commission Company’s reporting requirements under the Exchange Act and (b) to the extent such disclosure is required by law or Trading Market regulations, in which case the Company shall provide the Purchasers with prior notice of such disclosure permitted under this clause (b).

Securities Laws Disclosure; Publicity. The Company shall (a) by 8:30 a.m. (New York City time) within four (4) the Trading Days Day immediately following the date hereof, issue a press release disclosing the material terms of the transactions contemplated hereby and (b) hereof file a Current Report on Form 8-K with the CommissionK, including the Transaction Documents as exhibits thereto, with the Commission, disclosing the material terms of the Transaction Documents in accordance with the Exchange Act. From and after the issuance filing of such press releaseCurrent Report, the Company represents to the Purchaser that it shall have publicly disclosed all material, non-public information delivered to any of the Purchasers Purchaser by the Company or any of its subsidiariesSubsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documents. The Company and each the Purchaser shall consult with each other in issuing any other press releases with respect to the transactions contemplated hereby, and neither the Company nor any the Purchaser shall issue any such press release nor otherwise make any such public statement regarding the transactions hereunder without the prior consent of the Company, with respect to any press release of any the Purchaser, or without the prior consent of each the Purchaser, with respect to any press release of the Company, which consent shall not unreasonably be withheld or withheld, delayed, denied, or conditioned except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communication. Notwithstanding the foregoing, the Company shall not publicly disclose the name of any the Purchaser, or include the name of any the Purchaser in any filing with the Commission or any regulatory agency or Trading Market, without the prior written consent of such the Purchaser, except except: (a) as required by federal securities law in connection with the filing of final Transaction Documents (including signature pages thereto) any registration statement filed in connection with the Commission resale of the Securities purchased hereunder and (b) to the extent such disclosure is required by law or Trading Market regulations, in which case the Company shall provide the Purchasers Purchaser with prior notice of such disclosure permitted under this clause (b).

Securities Laws Disclosure; Publicity. The Company shall (a) use its best efforts to by 8:30 a.m. (New York City time) within four (4) Trading Days 9:00 a.m., Eastern Daylight Time, on the first Business following the date hereof, this Agreement issue a press release (which shall be followed by a Form 8-K filing within one (1) Business Day of the Closing) and, in any event, by the end of business on the Business Day following the Closing issue a press release (which shall be followed by a Form 8-K filing within two (2) Business Days thereafter), in either case disclosing the material terms of the transactions contemplated hereby and (b) file a Current Report on Form 8-K with make such other filings and notices in the manner and time required by the Commission, including the Transaction Documents as exhibits thereto. From and after the issuance of such press release, the Company shall have publicly disclosed all material, non-public information delivered to any of the Purchasers by the Company or any of its subsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documents. The Company and each Purchaser the Placement Agent shall consult with each other in issuing any other press releases with respect to the transactions contemplated hereby, and neither the Company nor any Purchaser the Placement Agent shall issue any such press release nor or otherwise make any such public statement without the prior consent of the Company, with respect to any press release of any Purchaserthe Placement Agent, or without the prior consent of each Purchaserthe Placement Agent, with respect to any press release of the Company, which consent shall not unreasonably be withheld or delayed, except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communication. Notwithstanding the foregoing, the Company shall not publicly disclose the name of any Purchaser, or include the name of any Purchaser in any filing with the Commission or any regulatory agency or Trading Market, without the prior written consent of such Purchaser, except (ai) as required by federal securities law in connection with the filing of final Transaction Documents (including signature pages thereto) with registration statement contemplated by the Commission Registration Rights Agreement and (bii) to the extent such disclosure is required by law or Trading Market regulations, in which case the Company shall provide the Purchasers with prior notice of such disclosure permitted under this clause subclause (bi) or (ii).

Securities Laws Disclosure; Publicity. The Company shall (a) shall, by 8:30 a.m. (New York City time) within four (4) 4:00 p.m. Eastern time on the Trading Days Day immediately following the date hereof, issue a press release Current Report on Form 8-K, disclosing the material terms of the transactions contemplated hereby hereby, and (b) file a Current Report on Form 8-K with the Commission, including shall attach the Transaction Documents as exhibits thereto. From and after the issuance of such press release, the Company shall have publicly disclosed all material, non-public information delivered to any of the Purchasers by the Company or any of its subsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documents. The Company and each Purchaser shall consult with each other in issuing any other press releases with respect to the transactions contemplated hereby, and neither the Company nor any Purchaser shall issue any such press release nor or otherwise make any such public statement without the prior consent of the Company, with respect to any press release of any Purchaser, or without the prior consent of each Purchaser, with respect to any press release of the Company, which consent shall not unreasonably be withheld or delayed, except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communication. Notwithstanding the foregoing, the Company shall not publicly disclose the name of any Purchaser, or include the name of any Purchaser in any filing with the Commission or any regulatory agency or Trading Market, without the prior written consent of such Purchaser, except (ai) as required by federal securities law in connection with (A) any registration statement contemplated by the Registration Rights Agreement and (B) the filing of final Transaction Documents (including signature pages thereto) with the Commission and (bii) to the extent such disclosure is required by law or Trading Market regulations, in which case the Company shall provide the Purchasers with prior notice of such disclosure permitted under this clause subclause (bii).

Securities Laws Disclosure; Publicity. The Company shall (a) by 8:30 9:00 a.m. (New York City time) within four (4) on the Trading Days Day immediately following the date hereof, issue a press release disclosing the material terms of the transactions contemplated hereby hereby, and (b) file a Current Report on Form 8-K with the CommissionK, including the Transaction Documents as exhibits thereto, with the Commission within the time required by the Exchange Act. From and after the issuance of such press release, the Company represents to the Purchasers that it shall have publicly disclosed all material, non-public information delivered to any of the Purchasers by the Company or any of its subsidiariesSubsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documents. The Company and each Purchaser shall consult with each other in issuing any other press releases with respect to the transactions contemplated hereby, and neither the Company nor any Purchaser shall issue any such press release nor otherwise make any such public statement with respect to the transactions contemplated hereby without the prior consent of the Company, with respect to any press release of any Purchaser, or without the prior consent of each Purchaser, with respect to any press release of the CompanyCompany (other than the press release described in the first sentence of this Section 4.4), which consent shall not unreasonably be withheld or delayed, except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communication. Notwithstanding the foregoing, the Company shall not publicly disclose the name of any Purchaser, or include the name of any Purchaser in any filing with the Commission or any regulatory agency or Trading Market, without the prior written consent of such Purchaser, except (a) as required by federal securities law in connection with the filing of final Transaction Documents (including signature pages thereto) with the Commission and (b) to the extent such disclosure is required by law or Trading Market regulations, in which case the Company shall provide the Purchasers with prior notice of such disclosure permitted under this clause (b).

Securities Laws Disclosure; Publicity. The Company shall (a) by 8:30 9:30 a.m. (New York City time) within four (4) on the Trading Days Day immediately following the date hereof, issue a press release disclosing the material terms of the transactions contemplated hereby hereby, and (b) file a Current Report on Form 8-K with the CommissionK, including the Transaction Documents as exhibits thereto, with the Commission within the time required by the Exchange Act. From and after On the issuance earlier of such press release(i) the date the Company files its next annual report on Form 10-K or (ii) September 30, 2013, the Company shall represent to the Purchasers, in writing, that it shall have publicly disclosed all information that continues to constitute material, non-public information on such date and that was delivered to any of the Purchasers by the Company or any of its subsidiariesSubsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documents. The Company and each Purchaser shall consult with each other in issuing any other press releases with respect to the transactions contemplated hereby, and neither the Company nor any Purchaser shall issue any such press release nor otherwise make any such public statement without the prior consent of the Company, with respect to any press release of any Purchaser, or without the prior consent of each Purchaser, with respect to any press release of the Company, which consent shall not unreasonably be withheld or delayed, except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communication. Notwithstanding the foregoing, the Company shall not publicly disclose the name of any Purchaser, or include the name of any Purchaser in any filing with the Commission or any regulatory agency or Trading Market, without the prior written consent of such Purchaser, except except: (a) as required by federal securities law in connection with the filing of final Transaction Documents (including signature pages thereto) with the Commission and (b) to the extent such disclosure is required by law or Trading Market regulations, in which case the Company shall provide the Purchasers with prior notice of such disclosure permitted under this clause (b).

Securities Laws Disclosure; Publicity. The Company shall (a1) by 8:30 a.m. (New York City time) within four (4) on the Trading Days Day immediately following the date hereof, issue a press release release, disclosing the material terms of the transactions contemplated hereby hereby, and (b2) by 5:00 p.m. (New York City time) on the Trading Day immediately following the date hereof, file a Current Report on Form 8-K with the Commission, including disclosing the material terms of the transactions contemplated hereby and attaching the Transaction Documents as exhibits thereto. From and after the issuance of such press release, the Company shall have publicly disclosed all material, non-public information delivered to any of the Purchasers by the Company or any of its subsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documents. The Company and each Purchaser shall consult with each other in issuing any other press releases with respect to the transactions contemplated hereby, and neither the Company nor any Purchaser shall issue any such press release nor or otherwise make any such public statement without the prior consent of the Company, with respect to any press release of any Purchaser, or without the prior consent of each Purchaser, with respect to any press release of the Company, which consent shall not unreasonably be withheld or delayed, except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communication. Notwithstanding the foregoing, the Company shall not publicly disclose the name of any Purchaser, or include the name of any Purchaser in any filing with the Commission or any regulatory agency or Trading Market, without the prior written consent of such Purchaser, except (ai) as required by federal securities law in connection with (A) any registration statement contemplated by the Registration Rights Agreement and (B) the filing of final Transaction Documents (including signature pages thereto) with the Commission and (bii) to the extent such disclosure is required by law or Trading Market regulations, in which case the Company shall provide the Purchasers with prior notice of such disclosure permitted under this clause subclause (bii).

Securities Laws Disclosure; Publicity. The Company shall (a) by 8:30 a.m. (By 9:00 a.m., New York City time) within four (4) , on the Trading Days Day immediately following the date hereof, the Company shall issue a press release (the “Press Release”) disclosing the all material terms of the transactions contemplated hereby and (b) hereby. On or before 5:30 p.m., New York City time, on the fourth Business Day immediately following the execution of this Agreement, the Company will file a Current Report on Form 8-K with the Commission, including Commission describing the terms of the Transaction Documents (and including as exhibits thereto. From to such Current Report on Form 8-K the material Transaction Documents (including, without limitation, this Agreement and after the issuance of such press release, the Company shall have publicly disclosed all material, non-public information delivered to any of the Purchasers by the Company or any of its subsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documents. The Company and each Purchaser shall consult with each other in issuing any other press releases with respect to the transactions contemplated hereby, and neither the Company nor any Purchaser shall issue any such press release nor otherwise make any such public statement without the prior consent of the Company, with respect to any press release of any Purchaser, or without the prior consent of each Purchaser, with respect to any press release of the Company, which consent shall not unreasonably be withheld or delayed, except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communicationRegistration Rights Agreement)). Notwithstanding the foregoing, the Company shall not publicly disclose the name of any Purchaser or an Affiliate of any Purchaser, or include the name of any Purchaser or an Affiliate of any Purchaser in any press release or filing with the Commission (other than the Registration Statement) or any regulatory agency or Trading Market, without the prior written consent of such Purchaser, except (ai) as required by U.S. federal securities law in connection with (A) any Registration Statement contemplated by the Registration Rights Agreement or (B) the filing of final Transaction Documents (including signature pages theretoto this Agreement) with the Commission and (bii) to the extent such disclosure is required by law law, request of the Commission’s staff or Trading Market regulations, in which case the Company shall provide the Purchasers with prior written notice of such disclosure permitted under this clause subclause (bii). Each Purchaser, severally and not jointly with the other Purchasers, covenants that until such time as the transactions contemplated by this Agreement are required to be publicly disclosed by the Company as described in this Section 4.4, such Purchaser will maintain the confidentiality of all disclosures made to it in connection with this transaction (including the existence and terms of this transaction); provided, however, any disclosure may be made by such Purchaser to such Purchaser’s representatives or agents, including, but not limited to, such Purchaser’s legal, tax and investment advisors.

Securities Laws Disclosure; Publicity. The Company shall (a) shall, by 8:30 a.m. (New York City time) within four (4) Eastern time on the Trading Days Day immediately following the date hereof, issue a press release describing the material terms of the transactions contemplated hereby, and, by 8:30 a.m. Eastern time on the second Trading Day following the date hereof, a Current Report on Form 8-K, disclosing the material terms of the transactions contemplated hereby hereby, and (b) file a Current Report on Form 8-K with the Commission, including shall attach the Transaction Documents as exhibits thereto. From and after the issuance of such press release, the Company shall have publicly disclosed all material, non-public information delivered to any of the Purchasers by the Company or any of its subsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documents. The Company and each Purchaser shall consult with each other in issuing any other press releases with respect to the transactions contemplated hereby, and neither the Company nor any Purchaser shall issue any such press release nor or otherwise make any such public statement without the prior consent of the Company, with respect to any press release of any Purchaser, or without the prior consent of each Purchaser, with respect to any press release of the Company, which consent shall not unreasonably be withheld or delayed, except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communication. Notwithstanding the foregoing, the Company shall not publicly disclose the name of any Purchaser, or include the name of any Purchaser in any filing with the Commission or any regulatory agency or Trading Market, without the prior written consent of such Purchaser, except (ai) as required by federal securities law in connection with (A) any registration statement contemplated by the Registration Rights Agreement and (B) the filing of final Transaction Documents (including signature pages thereto) with the Commission and (bii) to the extent such disclosure is required by law or Trading Market regulations, in which case the Company shall provide the Purchasers with prior notice of such disclosure permitted under this clause subclause (bii).

Securities Laws Disclosure; Publicity. The Company shall shall, within two (a) by 8:30 a.m. (New York City time) within four (42) Trading Days following the date hereof, issue a press release Current Report on Form 8-K disclosing the material terms of the transactions contemplated hereby and (b) file a Current Report on Form 8-K with the Commission, including attaching the Transaction Documents as exhibits thereto. From and after the issuance of such press release, the Company shall have publicly disclosed all material, non-public information delivered to any of the Purchasers by the Company or any of its subsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documents. The Company and each Purchaser shall consult with each other in issuing any other press releases with respect to the transactions contemplated hereby, and neither the Company nor any Purchaser shall issue any such press release nor or otherwise make any such public statement without the prior consent of the Company, with respect to any press release of any Purchaser, or without the prior consent of each Purchaser, with respect to any press release of the Company, which consent shall not unreasonably be withheld or delayed, except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communication. Notwithstanding the foregoing, the Company shall not publicly disclose the name of any Purchaser, or include the name of any Purchaser in any filing with the Commission or any regulatory agency or Trading Market, without the prior written consent of such Purchaser, except (ai) as required by federal securities law in connection with (A) any registration statement filed under the Securities Act covering the resale of the Securities, and (B) the filing of final Transaction Documents (including signature pages thereto) with the Commission and (bii) to the extent such disclosure is required by law or Trading Market regulations, in which case the Company shall provide the Purchasers with prior notice of such disclosure permitted under this clause (bii).

Securities Laws Disclosure; Publicity. The Company shall (a) by 8:30 the Disclosure Time issue a press release disclosing all material terms of the transactions contemplated by this Agreement. On or before 9:00 a.m. (New York City time) within four (4) on the second Trading Days Day immediately following the date hereofthis Agreement is executed, issue a press release disclosing the material terms of the transactions contemplated hereby and (b) Company shall file a Current Report on Form 8-K with the CommissionK, including the Transaction Documents as exhibits thereto, with the Commission. From and after the issuance of such the press release, the Company represents to the Purchasers that it shall have publicly disclosed all material, non-public information delivered to any of the Purchasers by the Company or any of its subsidiariesSubsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documents. The Company and each Purchaser shall consult with each other in issuing any other In addition, effective upon the issuance of such press releases with respect to the transactions contemplated herebyrelease, and neither the Company nor acknowledges and agrees that any Purchaser shall issue and all confidentiality or similar obligations under any such press release nor otherwise make any such public statement without the prior consent of agreement, whether written or oral, between the Company, with respect to any press release of its Subsidiaries or any Purchaserof their respective officers, directors, agents, employees or without Affiliates on the prior consent of each Purchaserone hand, with respect to and any press release of the Company, which consent shall not unreasonably be withheld Purchasers or delayed, except if such disclosure is required by law, in which case the disclosing party shall promptly provide any of their Affiliates on the other party with prior notice of such public statement or communicationhand, shall terminate. Notwithstanding the foregoing, the Company shall not publicly disclose the name of any Purchaser, or include the name of any Purchaser in any filing with the Commission or any regulatory agency or Trading Market, without the prior written consent of such Purchaser, except (a) as required by federal securities law in connection with the filing of final Transaction Documents (including signature pages thereto) with the Commission and (b) to the extent such disclosure is required by law or Trading Market regulations, in which case the Company shall provide the Purchasers with prior notice of such disclosure permitted under this clause (b).

Securities Laws Disclosure; Publicity. The Company shall (a) by 8:30 a.m. (New York City time) within four (4) Trading Days following the date hereof, issue a press release disclosing the material terms of the transactions contemplated hereby and (b) file a Current Report on Form 8-K with the Commission, including Commission within the Transaction Documents as exhibits theretotime required by the Exchange Act. From and after the issuance of such press releaseThereafter, the Company represents to the Purchasers that it shall have publicly disclosed all material, non-public information delivered to any of the Purchasers by the Company or any of its subsidiariesSubsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documents. The Company and each Purchaser shall consult with each other in issuing any other press releases with respect to the transactions contemplated hereby, and neither the Company nor any Purchaser shall issue any such press release nor otherwise make any such public statement without the prior consent of the Company, with respect to any press release of any Purchaser, or without the prior consent of each Purchaser, with respect to any press release of the Company, which consent shall not unreasonably be withheld or delayed, except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communication. Notwithstanding the foregoing, the Company shall not publicly disclose the name of any Purchaser, or include the name of any Purchaser in any filing with the Commission or any regulatory agency or Trading Market, without the prior written consent of such Purchaser, except (a) as required by federal securities law in connection with (i) any registration statement contemplated by Section 4.19 of this Agreement and (ii) the filing of final Transaction Documents (including signature pages thereto) with the Commission and (b) to the extent such disclosure is required by law or Trading Market regulations, in which case the Company shall provide the Purchasers with prior notice of such disclosure permitted under this clause (b).

Securities Laws Disclosure; Publicity. The Company shall (a) by 8:30 a.m. (shall, at or before 9:00 a.m., New York City time) within four (4) Time, on the first Trading Days Day following the date hereofexecution of this Agreement, issue a press release and/or file or furnish a Current Report on Form 8-K with the SEC disclosing the all material terms of the transactions contemplated hereby and (b) collectively, the “Pricing Announcement”). On the Closing Date, the Company shall file a Current Report on Form 8-K with the Commission, including SEC (the Transaction Documents as exhibits thereto. From and after “8-K Filing”) describing the issuance terms of such press release, the Company shall have publicly disclosed all material, non-public information delivered to any of the Purchasers by the Company or any of its subsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction DocumentsDocuments and including as exhibits to such Current Report on Form 8-K such Transaction Documents as are required to be filed by the Exchange Act and the rules promulgated thereunder, in the form required by the Exchange Act; provided, that the Company shall provide the Lead Investors with a reasonable opportunity to review and comment upon the 8-K Filing prior to its filing on the Closing Date. The Thereafter, the Company shall timely file any filings and each Purchaser shall consult with each other in issuing any other press releases notices required by the SEC or applicable law with respect to the transactions contemplated hereby, hereby and neither provide copies thereof to the Company nor any Purchaser shall issue any such press release nor otherwise make any such public statement without the prior consent of the Company, with respect to any press release of any Purchaser, or without the prior consent of each Purchaser, with respect to any press release of the Company, which consent shall not unreasonably be withheld or delayed, except if such disclosure is required by law, in which case the disclosing party shall Investors promptly provide the other party with prior notice of such public statement or communicationafter filing. Notwithstanding the foregoingExcept as herein provided, the Company shall not publicly disclose the name of any PurchaserInvestor, or include the name of any Purchaser Investor in any filing with the Commission or any regulatory agency or Trading Market, press release without the prior written consent of such PurchaserInvestor (which consent shall not be unreasonably withheld or delayed), except (a) as unless otherwise required by federal securities law in connection with the filing of final Transaction Documents (including signature pages thereto) with the Commission and (b) to the extent such disclosure is required by law law, regulatory authority or Trading Market regulationsMarket. The Company shall not, in which case and the Company shall cause each of its officers, directors, employees and agents not to, provide any Investor with any material, non-public information regarding the Purchasers with Company from and after the Pricing Announcement without the express prior notice written consent of such disclosure permitted under this clause (b)Investor.

Securities Laws Disclosure; Publicity. The Company shall (a) by 8:30 9:00 a.m. (New York City time) within four (4) on the Trading Days Day immediately following the date hereof, issue a press release disclosing the material terms of the transactions contemplated hereby hereby, and (b) file a Current Report on Form 8-K with the CommissionK, including the Transaction Documents as exhibits thereto, with the Commission within the time required by the Exchange Act. From and after the issuance of such press release, the Company represents to the Purchasers that it shall have publicly disclosed all material, non-public information delivered to any of the Purchasers by the Company or any of its subsidiariesSubsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documents. The Company and each Purchaser shall consult with each other in issuing any other In addition, effective upon the issuance of such press releases with respect to the transactions contemplated herebyrelease, and neither the Company nor acknowledges and agrees that any Purchaser shall issue and all confidentiality or similar obligations under any such press release nor otherwise make any such public statement without the prior consent of agreement, whether written or oral, between the Company, with respect to any press release of its Subsidiaries or any Purchaserof their respective officers, directors, agents, employees or without Affiliates on the prior consent of each Purchaserone hand, with respect to and any press release of the Company, which consent shall not unreasonably be withheld Purchasers or delayed, except if such disclosure is required by law, in which case the disclosing party shall promptly provide any of their Affiliates on the other party with prior notice of such public statement or communicationhand, shall terminate. Notwithstanding the foregoing, the Company shall not publicly disclose the name of any Purchaser, or include the name of any Purchaser in any filing with the Commission or any regulatory agency or Trading Market, without the prior written consent of such Purchaser, except (a) as required by federal securities law in connection with the filing of final Transaction Documents (including signature pages thereto) with the Commission and (b) to the extent such disclosure is required by law or Trading Market regulations, in which case the Company shall provide the Purchasers with prior notice of such disclosure permitted under this clause (b).

Securities Laws Disclosure; Publicity. The Company shall (a) shall, by 8:30 a.m. (New York City time) within four (4) on the Trading Days Day following the date hereof, issue a press release or file a Current Report on Form 8-K disclosing the material terms of the transactions contemplated hereby and (b) file a Current Report on Form 8-K with the Commission, including attaching the Transaction Documents as exhibits thereto. From and after the issuance of such press release, the Company shall have publicly disclosed all material, non-public information delivered to any of the Purchasers by the Company or any of its subsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documents. The Company and each Purchaser Purchasers with at least 51% of the Subscription Amounts shall consult with each other in issuing any other press releases with respect to the transactions contemplated hereby, and neither the Company nor any Purchaser shall issue any such press release nor or otherwise make any such public statement without the prior consent of the Company, with respect to any press release of any Purchaser, or without the prior consent of each PurchaserPurchasers holding at least 51% of the principal amount outstanding of Debentures, with respect to any press release of the Company, which consent shall not unreasonably be withheld or delayed, except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communication. Notwithstanding the foregoing, the Company shall not publicly disclose the name of any Purchaser, or include the name of any Purchaser in any filing with the Commission or any regulatory agency or Trading Market, without the prior written consent of such Purchaser, except (ai) as required by federal securities law in connection with (A) any registration statement contemplated by the Registration Rights Agreement and (B) the filing of final Transaction Documents (including signature pages thereto) with the Commission and (bii) to the extent such disclosure is required by law or Trading Market regulations, in which case the Company shall provide the Purchasers with prior notice of such disclosure permitted under this clause (bii).

Securities Laws Disclosure; Publicity. The Company shall (a) shall, by 8:30 9:00 a.m. (New York City time) within four (4) on the Trading Days Day immediately following the date hereof, issue file a Current Report on Form 8-K and press release disclosing the material terms of the transactions contemplated hereby and (b) file a Current Report on Form 8-K with the Commissionhereby, including the Transaction Documents as exhibits thereto. From and after the issuance of such press release, the Company represents to the Purchasers that it shall have publicly disclosed all material, non-public information delivered to any of the Purchasers by the Company or any of its subsidiariesSubsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documents. The Company and each Purchaser shall consult with each other in issuing any other press releases or public statement with respect to the transactions contemplated hereby, and neither the Company nor any Purchaser shall issue any such press release nor otherwise make any such public statement without the prior consent of the Company, with respect to any press release of any Purchaser, or without the prior consent of each Purchaser, with respect to any press release of the Company, which consent shall not unreasonably be withheld or delayed, except if such disclosure is required by lawlaw or this Agreement, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communication. Notwithstanding the foregoing, the Company shall not publicly disclose the name of any Purchaser, or include the name of any Purchaser in any filing with the Commission or any regulatory agency or Trading Market, without the prior written consent of such Purchaser, except except: (a) as required by federal securities law in connection with (i) any registration statement and (ii) the filing of final Transaction Documents (including signature pages thereto) with the Commission and (b) to the extent such disclosure is required by law or Trading Market regulations, in which case the Company shall provide the Purchasers with prior notice of such disclosure permitted under this clause (b).

Securities Laws Disclosure; Publicity. The Company shall (a) by 8:30 a.m. (By 9:00 a.m., New York City time) within four (4) , on the Trading Days Day immediately following the date hereofexecution of this Agreement, the Company shall issue a press release disclosing (the material terms “Press Release”) reasonably acceptable to the Purchasers and the Placement Agent. On or before 9:00 a.m., New York City time, on the second Trading Day following the execution of this Agreement (or such earlier time as required by law), the transactions contemplated hereby and (b) Company will file a Current Report on Form 8-K with the Commission, including Commission describing the terms of the Transaction Documents (and including as exhibits thereto. From and after to such Current Report on Form 8-K the issuance of such press releasematerial Transaction Documents (including, without limitation, this Agreement, the Company shall have publicly disclosed all material, non-public information delivered to any form of Warrant and the Purchasers by the Company or any of its subsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documents. The Company and each Purchaser shall consult with each other in issuing any other press releases with respect to the transactions contemplated hereby, and neither the Company nor any Purchaser shall issue any such press release nor otherwise make any such public statement without the prior consent of the Company, with respect to any press release of any Purchaser, or without the prior consent of each Purchaser, with respect to any press release of the Company, which consent shall not unreasonably be withheld or delayed, except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communicationRegistration Rights Agreement)). Notwithstanding the foregoing, the Company shall not publicly disclose the name of any Purchaser or an Affiliate of any Purchaser, or include the name of any Purchaser or an Affiliate of any Purchaser in any press release or filing with the Commission (other than the Registration Statement or the Form 8-K) or any regulatory agency or Trading Market, without the prior written consent of such Purchaser, except (ai) as required by federal securities law in connection with (A) any registration statement contemplated by the Registration Rights Agreement and (B) the filing of final Transaction Documents (including signature pages thereto) with the Commission and (bii) to the extent such disclosure is required by law law, request of the Staff of the Commission or Trading Market regulations, in which case the Company shall provide the Purchasers with prior written notice of such disclosure permitted under this clause subclause (bii). Each Purchaser, severally and not jointly with the other Purchasers, covenants that until such time as the transactions contemplated by this Agreement are publicly disclosed by the Company as described in this Section 4.8, such Purchaser will maintain the confidentiality of all disclosures made to it in connection with this transaction (including the existence and terms of this transaction).

Securities Laws Disclosure; Publicity. The Company shall (a) by 8:30 a.m. (New York City time) within four (4) Trading Days following the date hereof, issue timely file a Current Report on Form 8-K and press release disclosing the material terms of the transactions contemplated hereby hereby, and (b) file a Current Report on Form 8-K with the Commission, including the Transaction Documents as exhibits thereto. From and after the issuance of such press release, the Company shall have publicly disclosed all material, non-public information delivered to any of the Purchasers Purchaser by the Company or any of its subsidiariesSubsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documents. The Company and each the Purchaser shall consult with each other in issuing any other press releases with respect to the transactions contemplated hereby, and neither the Company nor any the Purchaser shall issue any such press release nor otherwise make any such public statement without the prior consent of the Company, with respect to any press release of any the Purchaser, or without the prior consent of each the Purchaser, with respect to any press release of the Company, which consent shall not unreasonably be withheld or delayed, except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communication. Notwithstanding the foregoing, the Company shall not publicly disclose the name of any the Purchaser, or include the name of any the Purchaser in any filing with the Commission or any regulatory agency or Trading Market, without the prior written consent of such the Purchaser, except except: (a) as required by federal securities law in connection with (i) any registration statement contemplated by Section 4.15 and (ii) the filing of final Transaction Documents (including signature pages thereto) with the Commission and (b) to the extent such disclosure is required by law or Trading Market regulations, in which case the Company shall provide the Purchasers Purchaser with prior notice of such disclosure permitted under this clause (b).

Securities Laws Disclosure; Publicity. The Company shall (a) by 8:30 9:30 a.m. (New York City time) within four (4) Eastern Time on the Trading Days Day immediately following the date hereofDate of Execution, issue a press release disclosing the material terms of the transactions contemplated hereby and hereby, or (b) file a Current Report on Form 8-K Current Report (the “Current Report”) on EXXXX with the Commission, including SEC disclosing the Transaction Documents as exhibits theretomaterial terms of the transactions contemplated hereby. From and after the issuance filing of such press releasethe Current Report, the Company represents to the Holder that it shall have publicly disclosed all material, non-public information delivered to any of the Purchasers Holder by the Company Company, or any of its subsidiaries, or any of their respective officers, directors, employees employees, or agents in connection with the transactions contemplated by the Transaction Documentsthis Note. The Company and each Purchaser the Holder shall consult with each other in issuing any other press releases with respect to the transactions contemplated hereby, and neither the Company nor any Purchaser the Holder shall issue any such press release nor otherwise make any such public statement without the prior consent of the Company, with respect to any press release of any Purchaserthe Holder, or without the prior consent of each Purchaserthe Holder, with respect to any press release of the Company, none of which consent consents shall not be unreasonably be withheld or withheld, delayed, denied, or conditioned except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communication. Notwithstanding the foregoing, the Company shall not publicly disclose the name of any Purchaserthe Holder, or include the name of any Purchaser the Holder in any filing with the Commission SEC or any regulatory agency or Trading Principal Market, without the prior written consent of such Purchaserthe Holder, except (a) as required by federal securities law in connection with the filing of final Transaction Documents (including signature pages thereto) with the Commission and (b) to the extent such disclosure is required by law or Trading Principal Market regulations, in which case the Company shall provide the Purchasers Holder with prior notice of such disclosure permitted under hereunder. The Company agrees that this clause (b)is a material term of this Note and any breach of this Section 4.00(h) will result in a default of the Note.

Securities Laws Disclosure; Publicity. The Company shall (a) shall, by 8:30 a.m. (New York City time) within four (4) on the Trading Days Day immediately following the date hereof, issue a press release disclosing the material terms of the transactions contemplated hereby and hereby, and, by 8:30 a.m. (bNew York City time) file on the 4th Trading Day immediately following the date hereof, issue a Current Report on Form 8-K with K, disclosing the Commission, material terms of the transactions contemplated hereby and including the Transaction Documents as exhibits thereto. From and after the issuance of such press release, the Company shall have publicly disclosed all material, non-public information delivered to any of the Purchasers by the Company or any of its subsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documents. The Company and each Purchaser shall consult with each other in issuing any other press releases with respect to the transactions contemplated herebyhereby (including, without limitation, the press release described in the preceding sentence), and neither the Company nor any Purchaser shall issue any such press release nor or otherwise make any such public statement without the prior consent of the Company, with respect to any press release of any Purchaser, or without the prior consent of each Purchaser, with respect to any press release of the Company, which consent shall not unreasonably be withheld or delayed, except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communication. Notwithstanding the foregoing, the Company shall not publicly disclose the name of any Purchaser, or include the name of any Purchaser in any filing with the Commission or any regulatory agency or Trading Market, without the prior written consent of such Purchaser, except (ai) as required by federal securities law in connection with (A) any registration statement contemplated by the Registration Rights Agreement and (B) the filing of final Transaction Documents (including signature pages thereto) with the Commission and (bii) to the extent such disclosure is required by law or Trading Market regulations, in which case the Company shall provide the Purchasers with prior notice of such disclosure permitted under this clause (bii).

Securities Laws Disclosure; Publicity. The Company shall (a) shall, by 8:30 a.m. 3:30 p.m. (New York City time) within four (4) Trading Days following on the date hereof, issue a press release disclosing the material terms of the transactions contemplated hereby and and, by 9:30 a.m. (bNew York City time) on the Business Day following the date hereof, shall file a Current Report on Form 8-K with the CommissionK, and including the Transaction Documents as exhibits thereto. From and after the issuance of such press releaserelease and the filing of such Form 8-K, the Company shall have publicly disclosed all material, non-public information delivered to any of the Purchasers by the Company or any of its subsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documents. The Company and each Purchaser shall consult with each other in issuing any other press releases with respect to the transactions contemplated herebyhereby (other than with respect to the closing of the transaction contemplated by the Transaction Documents), and neither the Company nor any Purchaser shall issue any such press release nor otherwise make any such public statement without the prior consent of the Company, with respect to any press release of any Purchaser, or without the prior consent of each Purchaser, with respect to any press release of the Company, which consent shall not unreasonably be withheld or delayed, except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communication. Notwithstanding the foregoing, the Company shall not publicly disclose the name of any Purchaser, or include the name of any Purchaser in any filing with the Commission or any regulatory agency or Trading Market, without the prior written consent of such Purchaser, except except: (a) as required by federal securities law in connection with the filing of final Transaction Documents (including signature pages thereto) with the Commission and (b) to the extent such disclosure is required by law or Trading Market regulations, in which case the Company shall provide the Purchasers with prior notice of such disclosure permitted under this clause (b).

Securities Laws Disclosure; Publicity. The Company shall (a) shall, by 8:30 a.m. (New York City time) within four (4) Trading Days Eastern Standard Time on the third business day following the date hereofof this Agreement, issue a press release disclosing the material terms of the transactions contemplated hereby and (b) file a Current Report on Form 8-K with K, in each case reasonably acceptable to the Commission, including the Transaction Documents as exhibits thereto. From and after the issuance of such press release, the Company shall have publicly disclosed all material, non-public information delivered to any Majority in Interest on behalf of the Purchasers by the Company or any of its subsidiariesPurchasers, or any of their respective officers, directors, employees or agents in connection with disclosing the transactions contemplated by the Transaction Documentshereby. The Company and each Purchaser the Majority in Interest shall consult with each other in issuing any other press releases with respect to the transactions contemplated hereby, and neither none of the Company nor Company, the Majority in Interest, or any Purchaser shall issue any such press release nor or otherwise make any such public statement without the prior consent of the Company, with respect to Company (in the case of any press release of or public statement proposed to be issued by the Majority in Interest or any Purchaser, ) or without the prior consent of each Purchaser, with respect to the Majority in Interest on behalf of the Purchasers (in the case of any press release of or public statement proposed to be issued by the Company), which consent shall not unreasonably be withheld or delayedwithheld, except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communicationcommunication and consult with each other with respect thereto prior to such public disclosure. Notwithstanding the foregoing, other than as set forth above, the Company shall not publicly disclose the name of any Purchaser, or include the name of any Purchaser in any filing with the Commission or any regulatory agency or Trading Market, without the prior written consent of such Purchaserstock exchange, except (a) as required by federal securities law in connection with the filing of final Transaction Documents (including signature pages thereto) with the Commission and (b) to the extent such disclosure is required by law or Trading Market regulationsstock exchange regulation, in which case the Company shall provide the Purchasers with prior notice of such disclosure permitted under this clause (b)disclosure. Notwithstanding anything to the contrary, herein, the Purchasers consent to their name being disclosed in the exhibits in filings made by the Company with the SEC.

Securities Laws Disclosure; Publicity. The Company shall (a) shall, by 8:30 9:00 a.m. (New York City time) within four (4) on the Trading Days Day immediately following the date hereof, issue file a Current Report on Form 8-K and press release disclosing the material terms of the transactions contemplated hereby and (b) file a Current Report on Form 8-K with the Commissionhereby, including the Transaction Documents as exhibits thereto. From and after the issuance of such press release, the Company represents to the Purchasers that it shall have publicly disclosed all material, non-public information delivered to any of the Purchasers by the Company or any of its subsidiariesSubsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documents. The Company and each Purchaser shall consult with each other in issuing any other press releases with respect to the transactions contemplated hereby, and neither the Company nor any Purchaser shall issue any such press release nor otherwise make any such public statement without the prior consent of the Company, with respect to any press release of any Purchaser, or without the prior consent of each Purchaser, with respect to any press release of the Company, which consent shall not unreasonably be withheld or delayed, except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communication. Notwithstanding the foregoing, the Company shall not publicly disclose the name of any Purchaser, or include the name of any Purchaser in any filing with the Commission or any regulatory agency or Trading Market, without the prior written consent of such Purchaser, except except: (a) as required by federal securities law in connection with (i) any registration statement contemplated by the Registration Rights Agreement and (ii) the filing of final Transaction Documents (including signature pages thereto) with the Commission and (b) to the extent such disclosure is required by law or Trading Market regulations, in which case the Company shall provide the Purchasers with prior notice of such disclosure permitted under this clause (b).

Securities Laws Disclosure; Publicity. The Company shall (a) by 8:30 a.m. (New York City time) within four (4) on the Trading Days Day immediately following the date hereof, issue a press release disclosing the material terms of the transactions contemplated hereby and (b) file a Current Report on Form 8-K with the CommissionK, and including the Transaction Documents as exhibits thereto, within the time required by the Exchange Act. From and after the issuance of such press releaseForm 8-K, the Company shall have publicly disclosed all material, non-public information delivered to any of the Purchasers by the Company or any of its subsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documents. The Company and each Purchaser the Placement Agent shall consult with each other in issuing any other press releases public disclosures with respect to the transactions contemplated hereby, and neither the Company nor any Purchaser shall issue any such press release nor otherwise make any such public statement without the prior consent of the Company, with respect to any press release of any Purchaser, or without the prior consent of each PurchaserPlacement Agent, with respect to any press release of the Company, which consent shall not unreasonably be withheld or delayed, except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communication. Notwithstanding the foregoing, the Company shall not publicly disclose the name of any Purchaser, or include the name of any Purchaser in any filing with the Commission or any regulatory agency or Trading Market, without the prior written consent of such Purchaser, except (a) as required by federal securities law in connection with the filing of final Transaction Documents (including signature pages thereto) with the Commission and Commission, (b) to the extent such disclosure is required by law or Trading Market regulationslaw, in which case the Company shall provide the Purchasers with prior notice of such disclosure permitted under this clause (b), and (c) to the extent such disclosure is required by Trading Market regulations.

Securities Laws Disclosure; Publicity. The Company shall (a) shall, by 8:30 a.m. 5:30 p.m. (New York City time) within four (4) on the fourth Trading Days Day immediately following the date hereofFebruary 12, issue 2019, file a Current Report on Form 8-K and press release disclosing the material terms of the transactions contemplated hereby and (b) file a Current Report on Form 8-K with the Commissionhereby, including the Transaction Documents as exhibits thereto. From and after the issuance of such press release, the Company represents to the Purchasers that it shall have publicly disclosed all material, non-non- public information delivered to any of the Purchasers by the Company or any of its subsidiariesSubsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documents. The Company and each Purchaser shall consult with each other in issuing any other press releases with respect to the transactions contemplated hereby, and neither the Company nor any Purchaser shall issue any such press release nor otherwise make any such public statement without the prior consent of the Company, with respect to any press release of any Purchaser, or without the prior consent of each Purchaser, with respect to any press release of the Company, which consent shall not unreasonably be withheld or delayed, except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communication. Notwithstanding the foregoing, the Company shall not publicly disclose the name of any Purchaser, or include the name of any Purchaser in any filing with the Commission or any regulatory agency or Trading Market, without the prior written consent of such Purchaser, except except: (a) as required by federal securities law in connection with (i) any registration statement contemplated by the Registration Rights Agreement and (ii) the filing of final Transaction Documents (including conformed signature pages thereto) with the Commission and (b) to the extent such disclosure is required by law or Trading Market regulations, in which case the Company shall provide the Purchasers with prior notice of such disclosure permitted under this clause (b).

Securities Laws Disclosure; Publicity. The Company shall (a) by 8:30 a.m. (New York City time) within Within four (4) Trading Days following after the date hereoffinal Closing, issue a press release disclosing the material terms of the transactions contemplated hereby and (b) Company will file a Current Report on Form 8-K with the Commission, including Commission describing the terms of the Transaction Documents (and including as exhibits thereto. From to such Current Report on Form 8-K the material Transaction Documents (including, without limitation, this Agreement and after the issuance form of such press release, the Company shall have publicly disclosed all material, non-public information delivered to any of the Purchasers by the Company or any of its subsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documents. The Company and each Purchaser shall consult with each other in issuing any other press releases with respect to the transactions contemplated hereby, and neither the Company nor any Purchaser shall issue any such press release nor otherwise make any such public statement without the prior consent of the Company, with respect to any press release of any Purchaser, or without the prior consent of each Purchaser, with respect to any press release of the Company, which consent shall not unreasonably be withheld or delayed, except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communicationWarrant)). Notwithstanding the foregoing, the Company shall not publicly disclose the name of any Purchaser or an Affiliate of any Purchaser, or include the name of any Purchaser or an Affiliate of any Purchaser in any press release or filing with the Commission (other than the Registration Statement) or any regulatory agency or Trading Market, without the prior written consent of such Purchaser, except (ai) as required by federal securities law in connection with (A) the Registration Statement and (B) the filing of final Transaction Documents (including signature pages thereto) with the Commission and (bii) to the extent such disclosure is required by law law, request of the Staff of the Commission or Trading Market regulations, in which case the Company shall provide the Purchasers with prior written notice of such disclosure permitted under this clause subclause (bii). From and after the earlier of the issuance of such Form 8-K and a press release with respect to the Transaction Documents (a “Press Release”), no Purchaser shall be in possession of any material, non-public information received from the Company, any Subsidiary or any of their respective officers, directors, employees or agents, that is not disclosed in the Press Release unless a Purchaser shall have executed a written agreement after the issuance of the Press Release regarding the confidentiality and use of such information. Each Purchaser, severally and not jointly with the other Purchasers, covenants that until such time as the transactions contemplated by this Agreement are required to be publicly disclosed by the Company as described in this Section 4.5, such Purchaser will maintain the confidentiality of all disclosures made to it in connection with this transaction (including the existence and terms of this transaction) and will not trade in the Company’s securities.

Securities Laws Disclosure; Publicity. The Company shall (a) shall, by 8:30 9:30 a.m. (New York City time) within four (4) on the Trading Days Day immediately following the date hereof, issue a press release disclosing the material terms of the transactions contemplated hereby hereby, and (b) within 4 Trading Days of the date hereof file a Current Report on Form 8-K with the CommissionK, including the Transaction Documents as exhibits thereto. From and after the issuance of such press release, the Company shall have publicly disclosed all material, non-public information delivered to any of the Purchasers by the Company or any of its subsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documents. The Company and each Purchaser shall consult with each other in issuing any other press releases with respect to the transactions contemplated hereby, and neither the Company nor any Purchaser shall issue any such press release nor otherwise make any such public statement without the prior consent of the Company, with respect to any press release of any Purchaser, or without the prior consent of each Purchaser, with respect to any press release of the Company, which consent shall not unreasonably be withheld or delayed, except if such disclosure is required by lawlaw or Trading Market regulation, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communication. Notwithstanding the foregoing, the Company shall not publicly disclose the name of any Purchaser, or include the name of any Purchaser in any filing with the Commission or any regulatory agency or Trading Market, without the prior written consent of such Purchaser, except (a) as required by federal securities law in connection with (i) any registration statement contemplated by the Registration Rights Agreement and (ii) the filing of final Transaction Documents (including signature pages thereto) with the Commission and (b) to the extent such disclosure is required by law or Trading Market regulations, in which case the Company shall provide the Purchasers with prior notice of such disclosure permitted under this clause (b).

Securities Laws Disclosure; Publicity. The Company shall shall: (a) by 8:30 9:00 a.m. (New York City time) within four (4) on the Trading Days Day immediately following the date hereof (provided that, if this Agreement is executed between midnight and 9:00 A.M., New York City time on any Trading Day, no later than 9:01 A.M. on the date hereof), issue a press release disclosing all of the material terms of the transactions contemplated hereby and by the other Transaction Documents (the “Press Release”), and (b) by 5:30 p.m. (New York City time) on the fourth Trading Day following the date hereof, file a Current Report on Form 8-K with disclosing all of the material terms of the transactions contemplated hereby and by the other Transaction Documents in the form required by the Exchange Act and attaching as exhibits to such Current Report on Form 8-K this Agreement and the Registration Rights Agreement (in each case, without redaction, except for such personal information as permitted to be redacted under applicable rules of the Commission, including the Transaction Documents as exhibits thereto). From and after the issuance of such press releasethe Press Release, the Company no Purchaser shall have publicly disclosed all material, be in possession of any material non-public information delivered to any of the Purchasers by received from the Company or from any other representative of its subsidiaries, or any of their respective officers, directors, employees or agents the Company in connection with the transactions contemplated hereby and by the other Transaction Documents. The , except in the case of information that may have been provided pursuant to any confidentiality agreement between the Company and each such Purchaser. Neither the Company nor any Purchaser shall consult with each other in issuing issue any press releases or any other public statements with respect to the transactions contemplated hereby except as may be reviewed and approved by the Company; provided, however, that the Company shall be entitled, without the prior approval of any Purchaser, to make any press releases release or other public disclosure with respect to the transactions contemplated hereby, and neither the Company nor any Purchaser shall issue any such press release nor otherwise make any such public statement without the prior consent of the Companyprovided, with respect to any press release of any Purchaserfurther, or without the prior consent of each Purchaserhowever, with respect to any press release of the Company, which consent shall not unreasonably be withheld or delayed, except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communication. Notwithstanding the foregoing, that the Company shall not publicly disclose the name of any Purchaser, Purchaser or include the name any affiliate or investment adviser of any Purchaser in any filing with the Commission or any regulatory agency or Trading Market, without the prior written consent of such Purchaser, Purchaser except (a) as may be required by federal securities law in connection with the filing of final Transaction Documents (including signature pages thereto) with the Commission and (b) to the extent such disclosure is required by law or Trading Market regulationsapplicable law, in which case the Company shall provide the Purchasers Purchaser with prior written notice of and an opportunity to review such disclosure permitted under this clause (b)legally required disclosure.

Securities Laws Disclosure; Publicity. The Company shall (a) by 8:30 9:00 a.m. (New York City time) within four (4) Trading Days following the date hereofon March 8, 2019 issue a press release disclosing the material terms of the transactions contemplated hereby hereby, and (b) by 9:00 a.m. (New York City time) on the Trading Day immediately following the date hereof, file a Current Report on Form 8-K with the CommissionK, including the Transaction Documents as exhibits thereto, with the Commission within the time required by the Exchange Act. From and after The Company represents to the Purchasers that, as of the time of the issuance of such press release, the Company it shall have publicly disclosed all material, non-public information delivered to any of the Purchasers by the Company or any of its subsidiariesSubsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documents. The In addition, effective upon the issuance of such press release, the Company acknowledges and each Purchaser shall consult with each other in issuing agrees that any other press releases with respect to and all confidentiality or similar obligations under any agreement, whether written or oral, between the transactions contemplated herebyCompany, any of its Subsidiaries or any of their respective officers, directors, employees, agents or Affiliates on the one hand, and neither any of the Company nor Purchasers or any of their Affiliates on the other hand, shall terminate. No Purchaser shall issue any such press release nor otherwise make any such public statement without the prior consent of the Company, with respect to any press release of any Purchaser, or without the prior consent of each Purchaser, with respect to any press release of the Company, which consent shall not unreasonably be withheld or delayed, except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communication. Notwithstanding the foregoing, the Company shall not publicly disclose the name of any Purchaser, or include the name of any Purchaser in any filing with the Commission or any regulatory agency or Trading Market, without the prior written consent of such Purchaser, except (a) as required by federal securities law in connection with the filing of final Transaction Documents (including signature pages thereto) with the Commission and (b) to the extent such disclosure is required by law or Trading Market regulations, in which case the Company shall provide the Purchasers with prior notice of such disclosure permitted under this clause (b).

Securities Laws Disclosure; Publicity. The Company shall (a) by 8:30 a.m. (New York City time) within four (4) Trading Days following shall, on the date hereof------------------------------------- Closing Date, issue a press release acceptable to the Purchasers disclosing the all material terms of the transactions contemplated hereby and (b) file a Current Report on Form 8-K with the Commission, including the Transaction Documents as exhibits theretohereby. From and after the issuance of such press releaseThereafter, the Company shall have publicly disclosed all material, non-public information delivered to timely file any of the Purchasers filings and notices required by the Company Commission or any of its subsidiaries, or any of their respective officers, directors, employees or agents in connection applicable law with respect to the transactions contemplated hereby and provide copies thereof to the Purchasers promptly after filing. The Company shall, at least two Trading Days prior to the filing or dissemination of any disclosure required by this paragraph, provide a copy thereof to the Transaction DocumentsPurchasers for their review. The Company and each Purchaser the Purchasers shall consult with each other in issuing any other press releases or otherwise making public statements or filings and other communications with the Commission or any regulatory agency or Trading Market with respect to the transactions contemplated hereby, and neither the Company nor any Purchaser party shall issue any such press release nor or otherwise make any such public statement statement, filing or other communication without the prior consent of the Company, with respect to any press release of any Purchaser, or without the prior consent of each Purchaser, with respect to any press release of the Company, other (which consent shall not be unreasonably be withheld or delayedwithheld), except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement statement, filing or other communication. Notwithstanding the foregoing, the Company shall not publicly disclose the name of any Purchaser, or include the name of any Purchaser in any filing with the Commission or any regulatory agency or Trading Market, without the prior written consent of such Purchaser, except (a) as required by federal securities law in connection with the filing of final Transaction Documents (including signature pages thereto) with the Commission and (b) to the extent such disclosure (but not any disclosure as to the controlling Persons thereof) is required by law or Trading Market regulations, in which case the Company shall provide the Purchasers with prior notice of such disclosure permitted under this clause (b)disclosure. Neither the Company nor any Person acting on its behalf will provide any Purchaser with material, nonpublic information about the Company unless such Purchaser consents to receive such information in writing in advance.

Securities Laws Disclosure; Publicity. The Company shall (a) by 8:30 a.m. (New York City time) within four (4) Trading Days following the date hereof, issue a press release disclosing the material terms of the transactions contemplated hereby and (bthe “Press Release”) no later than 9:00 A.M., New York City time, on the Trading Day immediately following the date of this Agreement. In addition, the Company shall file a Current Report on Form 8-K (the “8-K Filing”) with the Commission, including Commission describing the terms of the Transaction Documents (and including as exhibits thereto. From and after the issuance of to such press releaseCurrent Report on Form 8-K this Agreement, the Company shall have publicly disclosed all material, non-public information delivered to any form of the Purchasers by A and B Warrants and the Company Registration Rights Agreement) on or any of its subsidiaries, or any of their respective officers, directors, employees or agents in connection with before the transactions contemplated by fourth Business Day following the Transaction Documents. The Company and each Purchaser shall consult with each other in issuing any other press releases with respect to the transactions contemplated hereby, and neither the Company nor any Purchaser shall issue any such press release nor otherwise make any such public statement without the prior consent of the Company, with respect to any press release of any Purchaser, or without the prior consent of each Purchaser, with respect to any press release of the Company, which consent shall not unreasonably be withheld or delayed, except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communicationdate hereof. Notwithstanding the foregoing, the Company shall not publicly disclose the name of any Purchaser or any Affiliate or investment adviser of any Purchaser, or include the name of any Purchaser or any Affiliate or investment adviser of any Purchaser in any press release or filing with the Commission (other than the Registration Statement) or any regulatory agency or Trading Market, Market without the prior written consent of such Purchaser, except (ai) as required by federal securities law in connection with (A) any registration statement contemplated by the Registration Rights Agreement or (B) the filing of final Transaction Documents (including signature pages thereto) with the Commission and or (bii) to the extent such disclosure is otherwise required by law law, request of the Staff of the Commission or Trading Market regulations. From and after the issuance of the Press Release, no Purchaser shall be in which case possession of any material, non-public information received from the Company Company, any Subsidiary or any of their respective officers, directors, employees or agents, that is not disclosed in the Press Release unless a Purchaser shall provide have executed a written agreement regarding the Purchasers with prior notice confidentiality and use of such disclosure permitted under information, which written agreement shall survive the execution of this clause (b)Agreement and the Closing.

Securities Laws Disclosure; Publicity. The Company shall (a) by 8:30 a.m. (New York City time) within four (4) shall, prior to the opening of the Trading Days Market on the Trading Day immediately following the date hereofof this Agreement, issue a press release Current Report on Form 8-K, disclosing the material terms of the transactions contemplated hereby hereby, and (b) file a Current Report on Form 8-K with the Commission, including filing the Transaction Documents as exhibits thereto. From and after No Purchaser shall issue a press release or similar public communication with respect to the issuance of such press release, transactions contemplated hereby without the Company shall have publicly disclosed all material, non-public information delivered to any prior written consent of the Purchasers Company, which may be granted or withheld by the Company or any of in its subsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documentssole discretion. The Company and each Purchaser the Placement Agent shall consult with each other in issuing any other press releases with respect to the transactions contemplated hereby, and neither the Company nor any Purchaser the Placement Agent shall issue any such press release nor or otherwise make any such public statement without the prior consent of the Company, with respect to any press release of any Purchaserthe Placement Agent, or without the prior consent of each Purchaserthe Placement Agent, with respect to any press release of the Company, which consent shall not unreasonably be withheld or delayed, except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communication. Notwithstanding the foregoing, the Company shall not publicly disclose the name of any Purchaser, or include the name of any Purchaser in any filing with the Commission or any regulatory agency or Trading Market, without the prior written consent of such Purchaser, except (ai) as required by federal securities law in connection with the filing of final Transaction Documents (including signature pages thereto) with the Commission and (bii) to the extent such disclosure is required by law or Trading Market regulations, in which case the Company shall provide the Purchasers with prior notice of such disclosure permitted under this clause (bii).