Common use of Stockholder Lists Clause in Contracts

Stockholder Lists. In connection with the Offer, the Company shall cause its transfer agent to, promptly (but in any event on or before July 16, 2008), furnish Parent and Purchaser with mailing labels, security position listings and a listing or computer file containing the names and addresses of the record holders of the Shares as of the latest practicable date and shall furnish Parent and Purchaser with such information and assistance (including periodic updates of such information) as Parent or Purchaser or their agents may reasonably request in communicating the Offer to the record and beneficial holders of the Shares. Subject to the requirements of applicable Law, and except for such actions as are reasonably necessary to disseminate the Offer Documents and otherwise to perform its obligations hereunder, Purchaser shall hold all information and documents provided to it under this Section 1.3 in confidence in accordance with the non-disclosure agreement, dated May 16, 2008, between Parent and the Company (the “Confidentiality Agreement”), and shall use such information and documents only in connection with the Offer, and if this Agreement shall have been terminated Parent and Purchaser shall deliver to the Company all such information and documents (and all copies thereof).

Stockholder Lists. In connection with the Offer, the Company shall cause its transfer agent to, promptly (but in any event on or before July 16, 2008within five Business Days following the date hereof), furnish Parent and Purchaser Merger Sub with mailing labels, security position listings and a listing or and computer file containing the names and addresses of the record holders of the Shares as of the latest practicable date and shall furnish Parent and Purchaser Merger Sub with such information and assistance (including periodic updates of such information) as Parent or Purchaser Merger Sub or their agents may reasonably request in communicating the Offer to the record and beneficial holders of the Shares. Subject to the requirements of applicable Law, and except for such actions as are reasonably necessary to disseminate the Offer Documents and otherwise to perform its obligations hereunder, Purchaser Merger Sub shall hold all information and documents provided to it under this Section 1.3 1A.3 in confidence in accordance with the non-disclosure agreement, dated May 16, 2008, between Parent and the Company (the “Confidentiality Agreement”), and shall use such information and documents only in connection with the Offer, and if this Agreement shall have been terminated Parent and Purchaser Merger Sub shall deliver to the Company all such information and documents (and all copies thereof).

Stockholder Lists. In connection with the Offer, the Company shall cause its transfer agent to, promptly (but and in any event on or before July 16, 2008), within three (3) Business Days after the date hereof) furnish Parent and Purchaser with mailing labels, security position listings and a any available listing or computer file containing the names and addresses of the record holders of the Shares as of the latest practicable date and shall furnish Parent and Purchaser with such information and assistance (including periodic updates of such information) as Parent or Purchaser or their agents may reasonably request in communicating the Offer to the record and beneficial holders of the Shares. Subject to the requirements of applicable LawLaws, and except for such actions steps as are reasonably necessary to disseminate the Offer Documents and otherwise any other documents necessary to perform its obligations hereunderconsummate the Merger and for customary solicitations of tenders, Parent, Purchaser and their Affiliates, associates, agents and advisors, shall hold all information and documents provided to it under this Section 1.3 in confidence in accordance with the non-disclosure agreement, dated May 16, 2008, between Parent and the Company (the “Confidentiality Agreement”), and shall use keep such information confidential and documents use the information contained in any such labels, listing and files only in connection with the OfferOffer and the Merger and, and should the Offer terminate or if this Agreement shall have been terminated Parent and Purchaser shall be terminated, will deliver to the Company all copies of such information and documents (and all copies thereof)then in their possession.

Stockholder Lists. In connection with the Offer, the Company shall cause its transfer agent to, promptly (but in any event on or before July 16February 23, 20082007), furnish Parent Purchaser and Purchaser Merger Sub with mailing labels, security position listings and a any available listing or computer file containing the names and addresses of the record holders of the Shares as of the latest practicable date and shall furnish Parent Purchaser and Purchaser Merger Sub with such information and assistance (including periodic updates of such information) as Parent Purchaser or Purchaser Merger Sub or their agents may reasonably request in communicating the Offer to the record and beneficial holders of the Shares. Subject to the requirements of applicable Lawlaw, and except for such actions as are reasonably necessary to disseminate the Offer Documents and otherwise to perform its obligations hereunder, Purchaser Merger Sub shall hold all information and documents provided to it under this Section 1.3 in confidence in accordance with the non-disclosure agreement, dated May 16, 2008, between Parent and the Company (the “Confidentiality Agreement”), and shall use such information and documents only in connection with the Offer, and if this Agreement shall have been terminated Parent terminated, Purchaser and Purchaser Merger Sub shall promptly deliver (and use their respective reasonable best efforts to cause their agents to deliver) to the Company all such information and documents (and all copies copies, extracts or summaries thereof).

Stockholder Lists. In connection with the Offer, the Company shall cause its transfer agent to, promptly (but in any event on or before July 16January 3, 20082007), furnish Parent and Purchaser with mailing labels, security position listings and a any available listing or computer file containing the names and addresses of the record holders of the Shares as of the latest practicable date and shall furnish Parent and Purchaser with such information and assistance (including periodic updates of such information) as Parent or Purchaser or their agents may reasonably request in communicating the Offer to the record and beneficial holders of the Shares. Subject to the requirements of applicable Law, and except for such actions as are reasonably necessary to disseminate the Offer Documents and otherwise to perform its obligations hereunder, Purchaser shall hold all information and documents provided to it under this Section 1.3 in confidence in accordance with the non-disclosure agreement, dated May 16, 2008, between Parent and the Company (the “Confidentiality Agreement”), and shall use such information and documents only in connection with the Offer, and if this Agreement shall have been terminated Parent and Purchaser shall deliver to the Company all such information and documents (and all copies thereof).

Stockholder Lists. In connection with the Offer, the Company shall will cause its transfer agent to, promptly (but in any event on or before July 16, 2008within five (5) Business Days after the date hereof), furnish Parent and Purchaser with mailing labels, security position listings and a listing or readily available computer file files containing the names and addresses of the record holders of the Shares as of the latest practicable date and shall will furnish Parent and Purchaser with such information and assistance (including periodic updates of such information) as Parent or Purchaser or their agents may reasonably request in communicating the Offer to the record and beneficial holders of the Shares. Subject to the requirements of applicable Law, and except for such actions as are reasonably necessary to disseminate the Offer Documents and otherwise to perform its obligations hereunder, from the date hereof until the Purchase Time, each of Parent and Purchaser shall will hold all information and documents provided to it under this Section 1.3 in confidence in accordance with the non-disclosure agreement, dated May 16, 2008, Confidentiality Agreement by and between Parent and the Company dated May 8, 2009, as amended (the “Confidentiality Agreement”), and shall use such information and documents only in connection with the Offer, and if this Agreement shall will have been terminated by Parent and Purchaser shall or Purchaser, will deliver to the Company all such information and documents (and all copies thereof).