Common use of CONTEMPLATED HEREBY Clause in Contracts

CONTEMPLATED HEREBY. As soon as practicable following the date of this Subscription Agreement, but in no event later than the fourth (4th) business day following such date, the Company shall issue one or more press releases or file with the Commission a current report on Form 8-K (collectively, the “Disclosure Document”) disclosing all material terms of the transactions contemplated hereby, the Transaction, and any other material, nonpublic information that the Company, or any of its officers, directors, employees or agents acting on its behalf, has provided to Subscriber at any time prior to the filing of the Disclosure Document. From and after the issuance of the Disclosure Document, the Company covenants and agrees that neither it, nor any of its officers, directors or employees, will provide Subscriber or its agents or counsel with any information that the Company believes constitutes material non-public information without the prior written consent of Subscriber. Notwithstanding the foregoing, the Company shall not publicly disclose the name of Subscriber or any of its affiliates, or include the name of Subscriber or any of its affiliates in any press release or in any filing with the Commission or any regulatory agency or trading market, without the prior written consent of Subscriber, except (i) as required by the federal securities law in connection with the Registration Statement, (ii) the filing of this Subscription Agreement with the Commission and in the related current report on Form 8-K in a manner acceptable to Subscriber, (iii) in the press release issued by the Company in connection with the announcement of the Transaction in a manner acceptable to Subscriber, and (iv) to the extent such disclosure is required by law, at the request of the Staff of the Commission or regulatory or self-regulatory agency or under the regulations of Nasdaq, in which case the Company shall, to the extent legally permitted, provide Subscriber with prior written notice of such disclosure permitted under this subclause (iv).

CONTEMPLATED HEREBY. As soon as practicable following the date of this Subscription Agreement, but in no event later than the fourth (4th) business day following such date, the Company shall issue one or more press releases or file with the Commission a current report on Form 8-K (collectively, the “Disclosure Document”) disclosing all material terms of the transactions contemplated hereby, the Transaction, and any other material, nonpublic information that the Company, or any of its officers, directors, employees or agents acting on its behalf, has provided to Subscriber at any time prior to the filing of the Disclosure Document. From and after the issuance of the Disclosure Document, the Company covenants and agrees that neither it, nor any of its officers, directors or employees, will provide Subscriber or its agents or counsel with any information that the Company believes constitutes material non-public information without the prior written consent of Subscriber. Notwithstanding the foregoing, the Company shall not publicly disclose the name of Subscriber or any of its affiliates, or include the name of Subscriber or any of its affiliates in any press release or in any filing with the Commission or any regulatory agency or trading market, without the prior written consent of Subscriber, except (i) as required by the federal securities law in connection with the Registration Statement, (ii) the filing of this Subscription Agreement with the Commission and in the related current report on Form 8-K in a manner acceptable to Subscriber, (iii) in the press release issued by the Company in connection with the announcement of the Transaction in a manner acceptable to Subscriber, and (iv) to the extent such disclosure is required by law, at the request of the Staff of the Commission or regulatory or self-regulatory agency or under the regulations of Nasdaq, in which case the Company shall, to the extent legally permitted, provide Subscriber with prior written notice of such disclosure permitted under this subclause (iv).