Common use of Existing Discussions Clause in Contracts

Existing Discussions. The Company (i) agrees, that as of execution and delivery of this Agreement, it shall, and shall cause its Subsidiaries and Representatives to, immediately cease and cause to be terminated any activities, solicitations, discussions and negotiations with any Person conducted prior to execution and delivery of this Agreement with respect to an Acquisition Proposal or any inquiry, proposal or offer that would reasonably be expected to lead to an Acquisition Proposal and (ii) shall promptly (but in any event within forty-eight hours of the execution and delivery of this Agreement): (A) deliver a written notice to each such Person providing only that the Company (1) is ending all discussions and negotiations with such Person with respect to an Acquisition Proposal or any inquiry, proposal or offer that would reasonably be expected to lead to an Acquisition Proposal and (2) if such Person has executed a confidentiality agreement in connection therewith, is requesting the prompt return or destruction of all confidential information concerning the Company and any of its Subsidiaries, subject to the terms and conditions of such confidentiality agreement; and (B) if applicable, terminate any physical and electronic data or other diligence access previously granted to such Persons.

Existing Discussions. The Company Debtor (i) agrees, that as of execution and delivery of this Agreementthe date hereof, it shall, has ceased and shall cause its Subsidiaries and Representatives to, immediately cease and cause caused to be terminated any activities, solicitations, discussions and negotiations with any Person (other than QCP and ProMedica, and their Subsidiaries) conducted prior to execution and delivery of this Agreement the date hereof with respect to an any Acquisition Proposal Proposal, or any inquiry, proposal or offer that would reasonably be expected to lead to an Acquisition Proposal (including access to any physical or electronic data rooms) and (ii) shall promptly (but in any event within fortytwenty-eight four hours of the execution and delivery of this Agreement): ) (A) deliver a written notice to each such Person providing only that the Company (1) Debtor is ending all discussions and negotiations with such Person with respect to an any Acquisition Proposal Proposal, or any inquiry, proposal or offer transaction that would reasonably be expected to lead to an Acquisition Proposal and (2) if such Person has executed a confidentiality agreement in connection therewith, is requesting the prompt return or destruction of all confidential information concerning the Company Debtor and any of its Subsidiaries, subject to the terms and conditions of such confidentiality agreement; Subsidiaries and (B) if applicable, terminate any physical and electronic data or other diligence access previously granted to such Persons.

Existing Discussions. The Company (i) agrees, that as of execution and delivery of this Agreement, it shall, and shall cause its Subsidiaries and Representatives to, immediately cease and cause to be terminated any activities, solicitations, discussions and negotiations with any Person conducted within twelve months prior to execution and delivery the date of this Agreement with respect to an Acquisition Proposal or any inquiry, proposal or offer that would reasonably be expected likely to lead to an Acquisition Proposal and (ii) shall promptly (but in any event within forty-eight hours five Business Days of the execution and delivery of this Agreement): (A) deliver a written notice to each such Person providing only that the Company (1) is ending all activities, discussions and negotiations with such Person with respect to an Acquisition Proposal or any inquiry, proposal or offer that would reasonably be expected to could lead to an Acquisition Proposal and (2) if such Person has executed a confidentiality agreement in connection therewith, is requesting the prompt return or destruction of all confidential information concerning the Company and any of its Subsidiaries, subject to the terms and conditions of such confidentiality agreement; and (B) if applicable, terminate any physical and electronic data or other diligence access previously granted to such Persons; provided that the Company shall have no obligation to deliver such notice to any Person with whom the Company is not conducting discussions or negotiations on the date of the execution and delivery of this Agreement and from whom the Company has already requested the prompt return or destruction of confidential information and, if applicable, terminated such access.