Examples of Investigating Party in a sentence
In furtherance of the foregoing, the Investigating Party shall have reasonable access, during normal business hours after the date hereof, to all properties, books, contracts, commitments and records of each other, and shall furnish to the other and their representatives such financial and operating data and other information as may from time to time be reasonably requested relating to the transactions contemplated by this Agreement.
The Investigating Party agrees that it will, within ten (10) days of the Investigated Party’s request, re-deliver all copies of the Investigated Party’s Evaluation Material in its possession or that of its Affiliates or Representatives if the Merger does not close as contemplated herein.
The Investigating Party agrees not to disclose or allow disclosure to others of any Evaluation Material, except to such party’s Affiliates or Representatives, in each case, to the extent necessary to permit such Affiliate or Investigating Party Representative to assist such party in connection with the Merger and the transactions contemplated hereunder, or as may be required by Law.
The third hedge ratio, mean variance weight, is calculated by minimizing the mean-variance difference between the changes in the option prices and the changes in the OMX indices prices.
If any disclosure is so required, then provided a delay will not prevent timely compliance with applicable Laws, the Investigating Party shall consult with the Investigated Party prior to making such disclosure, and the parties shall use all reasonable efforts, acting in good faith, to agree upon a text for such disclosure which is satisfactory to both parties.
The Investigating Party acknowledges that the Disclosing Party would be damaged irreparably if any of the provisions of this Agreement are not performed in accordance with the specific terms, that the Disclosing Party would encounter extreme difficulty in attempting to prove the actual amount of damages suffered by it as a result of the Investigating Party's breach and that any breach of this Agreement by the Investigating Party would not be adequately compensated by monetary damages alone.
If an unauthorized use or disclosure occurs, the Investigating Party will immediately notify the Disclosing Party and take, at the Investigating Party's expense, all steps (including available actions for seizure and injunctive relief) necessary to recover the Confidential Information and prevent its subsequent unauthorized use or dissemination.
The Disclosing Party is not waiving, and will not be deemed to have waived or diminished, any of its attorney work-product protections, attorney-client privileges or similar protections or privileges as a result of the disclosure of such Confidential Information to the Investigating Party in connection with the Transaction.
It is understood that the Investigating Party may disclose Confidential Information only to those of the Investigating Party's Representatives who require such material for the purpose of evaluating the Transaction (but to the extent practicable, only the part that is so required and without revealing the possible Transaction), and who are informed by the Investigating Party of the confidential nature of the Confidential Information and the obligations of this Agreement.
Notwithstanding the foregoing, this Section will not prohibit the Investigating Party from making general employment solicitations not specifically directed at the Disclosing Party's employees, or hiring them as a result of such solicitations.