Common use of Additional Closings Clause in Contracts

Additional Closings. The Company shall, on or before 9:30 a.m., New York time, on the first (1st) Business Day after the Company receives from the Holder an Additional Closing Notice, file a Current Report on Form 8-K (each, an “Additional 8-K Filing”, and together with the Initial 8-K Filing, the “8-K Filings”), reasonably acceptable to the Holder, disclosing that “an institutional investor” has elected to deliver an Additional Closing Notice to the Company. From and after the filing of the Additional 8-K Filing, solely to the extent such Additional Closing Notice constitutes material non-public information, the Company shall have disclosed all material, non-public information (if any) provided to the Holder 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 Exchange Documents. In addition, effective upon the filing of the Additional 8-K Filing, 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 Holder or any of its affiliates, on the other hand, shall terminate.

Additional Closings. The Company shall, on or before 9:30 8:30 a.m., New York time, on the first (1st) Business Day after the Company receives from the Holder delivers an Additional Closing NoticeNotice to any Buyer, either issue a press release (each, an “Additional Press Release”) or file a Current Report on Form 8-K (each, an “Additional 8-K Filing”, and together with the Initial 8-K Filing, the “8-K Filings”), in each case reasonably acceptable to the HolderRequired Holders, disclosing that “an institutional investor” the Company has elected to deliver an Additional Closing Notice to the CompanyBuyers. From and after the filing of the Additional Press Release or Additional 8-K Filing, solely to the extent such Additional Closing Notice constitutes material non-public information, the Company shall have disclosed all material, non-public information (if any) provided to the Holder Buyers 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 Exchange Transaction Documents. In addition, effective upon the filing of the Additional Press Release or Additional 8-K Filing, 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 any of the Holder Buyers or any of its their affiliates, on the other hand, shall terminate.

Additional Closings. The Company shall, on or before 9:30 9:00 a.m., New York time, on the first (1st) Business Day after the Company receives from the Holder an Additional Closing NoticeNotice Date, either issue a press release (each, an “Additional Press Release”) or file a Current Report of Foreign Issuer on Form 86-K (each, an “Additional 86-K Filing”, and together with the Initial 86-K Filing, the “86-K Filings”), in each case reasonably acceptable to the Holdersuch Buyer participating in such Additional Closing, disclosing that “an institutional investor” has elected to deliver an Additional Closing Notice to the CompanyCompany or the Company has elected to effect an Additional Closing, as applicable. From and after the filing of the Additional 8Press Release or Additional 6-K Filing, solely to the extent such Additional Closing Notice constitutes material non-public informationinformation (as specified by the Company in such applicable Additional Closing Notice), the Company shall have disclosed all material, non-public information (if any) provided to any of the Holder Buyers 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 Exchange Transaction Documents. In addition, effective upon the filing of the Additional 86-K Filing, 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 any of the Holder Buyers or any of its their affiliates, on the other hand, shall terminate. 1 If signed after market close and prior to 11:59 PM.

Additional Closings. The Company shall, on or before 9:30 a.m., New York time, on the first (1st) Business Day after the Company receives from the Holder an From and after each Additional Closing NoticeNotice Date, either issue a press release (each, an “Additional Press Release”) or file a Current Report on Form 86-K (each, an “Additional 86-K Filing”, ,” and together with the Initial 86-K Filingfiling, the “86-K Filings”), in each case reasonably acceptable to the Holdersuch Buyer participating in such Additional Closing, disclosing that “an institutional investor” has and the Company have elected to deliver effect an Additional Closing Notice to the CompanyClosing. From and after the filing of the Additional 8Press Release or Additional 6-K Filing, solely to the extent such Additional Closing Notice constitutes material non-public informationinformation (as specified by the Company), the filing of the Initial 6-K Filing (but prior to the occurrence of any Additional Closing), the Company shall have disclosed all material, non-public information (if any) provided to any of the Holder Buyers 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 Exchange Transaction Documents. In addition, effective upon the filing of the Additional 86-K Filing, 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 any of the Holder Buyers or any of its their affiliates, on the other hand, shall terminate.

Additional Closings. The Company shall, on or before 9:30 a.m., New York time, on the first (1st) Business Day after the Company receives from the Holder an Additional Closing Notice, either issue a press release (each, an “Additional Press Release”) or file a Current Report of Foreign Private Issuer on Form 86-K (each, an “Additional 86-K Filing”, and together with the Initial 86-K Filing and the Tranche 2 6-K Filing, the “86-K Filings”), in each case reasonably acceptable to the HolderBuyer, disclosing that “an institutional investor” has elected to deliver an Additional Closing Notice to the Company. From and after the filing of the Additional 8Press Release or Additional 6-K Filing, solely to the extent such Additional Closing Notice constitutes material non-public informationinformation (as specified by the Company in its acknowledgement to such applicable Additional Closing Notice), the Company shall have disclosed all material, non-public information (if any) provided to any of the Holder Buyer by the 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 Exchange Transaction Documents. In addition, effective upon the filing of the Additional 8-K Filing, 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 Holder or any of its affiliates, on the other hand, shall terminate.

Additional Closings. The Company shall, on or before 9:30 8:30 a.m., New York time, on the first (1st) Business Day after the Company receives from the Holder delivers an Additional Closing NoticeNotice to any Buyer, either issue a press release (each, an “Additional Press Release”) or file a Current Report on Form 8-K (each, an “Additional 8-K Filing”, and together with the Initial 8-K Filing, the “8-K Filings”), in each case reasonably acceptable to the HolderRequired Holders, disclosing that “an institutional investor” the Company has elected to deliver an Additional Closing Notice to the CompanyBuyers. From and after the filing of the Additional Press Release or Additional 8-K Filing, solely to the extent such Additional Closing Notice constitutes material non-public information, the Company shall have disclosed all material, non-public information (if any) provided to the Holder Buyers 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 Exchange Transaction Documents. In addition, effective upon the filing of the Additional 8-Press Release or Additional 8- K Filing, 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 any of the Holder Buyers or any of its their affiliates, on the other hand, shall terminate.

Additional Closings. The Company shall, on or before 9:30 9:00 a.m., New York time, on the first (1st) Business Day after the Company receives from the Holder an Additional Closing Notice, either issue a press release (each, an “Additional Press Release”) or file a Current Report on Form 8-K (each, an “Additional 8-K Filing”, and together with the Initial 8-K Filing, the “8-K Filings”), in each case reasonably acceptable to the Holdersuch Buyer participating in such Additional Closing, disclosing that “an institutional investor” the Company has elected to deliver effect an Additional Closing Notice to the CompanyClosing, as applicable. From and after the filing of the Additional Press Release or Additional 8-K Filing, solely to the extent such Additional Closing Notice constitutes material non-public informationinformation (as specified by the Company in such applicable Additional Closing Notice), the Company shall have disclosed all material, non-public information (if any) provided to any of the Holder Buyers 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 Exchange Transaction Documents. In addition, effective upon the filing of the Additional 8-K Filing, 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 any of the Holder Buyers or any of its their affiliates, on the other hand, shall terminate.

Additional Closings. The Company shall, on or before 9:30 a.m., New York time, on the first (1st) Business Day after the Company receives from the Holder delivers an Additional Mandatory Closing NoticeNotice to any Buyer, file a Current Report on Form 8-K (each, an “Additional 8-K Filing”, and together with the Initial 8-K Filing, the “8-K Filings”), in each case reasonably acceptable to the Holdersuch Buyer participating in such Additional Closing, disclosing that “an institutional investor” the Company has elected to deliver effect an Additional Closing Notice to the CompanyClosing. From and after the filing of the Additional 8-K Filing, solely to the extent such Additional Mandatory Closing Notice constitutes material non-public informationinformation (as specified by the Company in such applicable Additional Mandatory Closing Notice), the Company shall have disclosed all material, non-public information (if any) provided to any of the Holder Buyers 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 Exchange Transaction Documents. In addition, effective upon the filing of the Additional 8-K Filing, 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 any of the Holder Buyers or any of its their affiliates, on the other hand, shall terminate.