Common use of Limitations on Disclosure Clause in Contracts

Limitations on Disclosure. The Company shall not, and the Company shall cause each of its Subsidiaries and each of its and their respective officers, directors, employees and agents not to, provide any Holder with any material, non-public information regarding the Company or any of its Subsidiaries from and after the date hereof without the express prior written consent of such Holder (which may be granted or withheld in such Holder’s sole discretion). Notwithstanding that the Company and each Holder have acknowledged and agreed that the Company has not provided any information to the Holders that shall constitute material non-public information following the 8-K Filing, the Company and each Holder hereby acknowledge and agree that the Company has provided other confidential information to each Holder and each Holder agrees that, although such Holder may trade on the basis of such information, such Holder may not disclose such information publicly or to any third party without the Company’s prior written consent, which consent may be withheld at the Company’s sole discretion. To the extent that the Company delivers any material, non-public information to a Holder without such Holder’s consent, the Company hereby covenants and agrees that such Holder shall not have any duty of confidentiality with respect to, or a duty not to trade on the basis of, such material, non-public information. Neither the Company, its Subsidiaries nor any Holder shall issue any press releases or any other public statements or disclosures with respect to the transactions contemplated hereby; provided, however, (i) the Company shall be entitled, without the prior approval of any Holder, to make the Press Release and any press release or other public disclosure with respect to such transactions in substantial conformity with the 8-K Filing and contemporaneously therewith, (ii) the Holders shall be entitled, without the prior approval of the Company, to file one or more amendments to statements on Schedule 13D pursuant to the 1934 Act, and (iii) each party shall be entitled, without the prior approval of any other party, to make such disclosures as are otherwise required by applicable law and regulations (provided that in the case of clause (i) each Holder shall be consulted by the Company in connection with any such press release or other public disclosure prior to its release and, in the case of clause (ii) the Company shall be consulted by such Holders in connection with the filing of such amendments to statements on Schedule 13D). Without the prior written consent of the applicable Holder (which may be granted or withheld in such Holder’s sole discretion), except as required by applicable law or regulation, the Company shall not (and shall cause each of its Subsidiaries and affiliates to not) disclose the name of such Holder in any filing, announcement, release or otherwise. Notwithstanding anything contained in this Agreement to the contrary and without implication that the contrary would otherwise be true, the Company expressly acknowledges and agrees that no Holder shall have (unless expressly agreed to by a particular Holder after the date hereof in a written definitive and binding agreement executed by the Company and such particular Holder (it being understood and agreed that no Holder may bind any other Holder with respect thereto)), any duty of confidentiality with respect to, or a duty not to trade on the basis of, any material, nonpublic information regarding the Company or any of its Subsidiaries.

Limitations on Disclosure. The Other than as required under the Transaction Documents (but subject to any other disclosure obligations of the Company with respect thereto), the Company shall not, and the Company shall cause each of its Subsidiaries and each of its and their respective officers, directors, employees and agents not to, provide any Holder Buyer with any material, non-public information regarding the Company or any of its Subsidiaries from and after the date hereof without unless prior thereto such Buyer shall have consented in writing to the express prior written consent receipt of such Holder (which may be granted or withheld in such Holder’s sole discretion). Notwithstanding that information and agreed with the Company and each Holder have acknowledged and agreed that the Company has not provided to keep such information confidential. If any information to the Holders that shall constitute material material, non-public information following is required to be provided by the 8-K FilingCompany or any of its Subsidiaries to any Buyer pursuant to the Transaction Documents, the Company and shall obtain each Holder hereby acknowledge and agree that the Company has provided other confidential information to each Holder and each Holder agrees that, although such Holder may trade on the basis of such information, such Holder may not disclose such information publicly or to any third party without the CompanyBuyer’s prior written consent prior to providing such information to such Buyer, and if any Buyer fails to provide such written consent, which consent may the Company shall not be withheld at deemed to be in breach of any of the Company’s sole discretionTransaction Documents as a result of the failure to provide such information. To the extent that the Company delivers any material, non-public information to a Holder Buyer without such HolderB▇▇▇▇’s consentprior written consent in breach of the foregoing sentence, the Company hereby covenants and agrees that such Holder Buyer shall not have any duty of confidentiality with respect to, or a duty not to trade on the basis of, such material, non-public information, provided that the Buyer shall remain subject to applicable law. Neither Subject to the foregoing, neither the Company, its Subsidiaries nor any Holder Buyer shall issue any press releases or any other public statements or disclosures with respect to the transactions contemplated hereby, except the Press Release; provided, however, (i) the Company shall be entitled, without the prior approval of any HolderBuyer, to make the Press Release and any press release or other public disclosure with respect to such transactions (i) in substantial conformity with the 8-K Filing and contemporaneously therewith, (ii) the Holders shall be entitled, without the prior approval of the Company, to file one or more amendments to statements on Schedule 13D pursuant to the 1934 Act, and (iii) each party shall be entitled, without the prior approval of any other party, to make such disclosures as are otherwise is required by applicable law and regulations (provided that in the case of clause (i) above, each Holder Buyer shall be consulted by the Company in connection with any such press release or other public disclosure prior to its release and, in the case of clause (ii) the Company shall be consulted by such Holders in connection with the filing of such amendments to statements on Schedule 13Drelease). Without the prior written consent of the applicable Holder Buyer (which may be granted or withheld in such HolderBuyer’s sole discretion), except as required by applicable law or regulation, the Company shall not (and shall cause each of its Subsidiaries and affiliates to not) disclose the name of such Holder Buyer in any filing, announcement, release or otherwise, except as otherwise may be required by applicable law or regulations. Notwithstanding anything contained in this Agreement to the contrary and without implication that the contrary would otherwise be true, the Company expressly acknowledges and agrees that no Holder Buyer shall have (unless expressly agreed to by a particular Holder Buyer after the date hereof in a written definitive and binding agreement executed by the Company and such particular Holder Buyer (it being understood and agreed that no Holder Buyer may bind any other Holder Buyer with respect thereto)), any duty of confidentiality with respect to, or a duty not to trade on the basis of, any material, nonpublic non-public information regarding the Company or any of its Subsidiaries, except as otherwise may be required by applicable law or regulations.

Limitations on Disclosure. The Other than as required under the Transaction Documents (but subject to any other disclosure obligations of the Company with respect thereto), the Company shall not, and the Company shall cause each of its Subsidiaries and each of its and their respective officers, directors, employees and agents not to, provide any Holder the Purchaser with any material, non-public information regarding the Company or any of its Subsidiaries from and after the date hereof without unless prior thereto the express prior written consent Purchaser shall have consented in writing to the receipt of such Holder (which may be granted or withheld in such Holder’s sole discretion). Notwithstanding that information and agreed with the Company and each Holder have acknowledged and agreed that the Company has not provided to keep such information confidential. If any information to the Holders that shall constitute material material, non-public information following is required to be provided by the 8-K FilingCompany or any of its Subsidiaries to the Purchaser pursuant to the Transaction Documents, the Company and each Holder hereby acknowledge and agree that shall obtain the Company has provided other confidential information to each Holder and each Holder agrees that, although such Holder may trade on the basis of such information, such Holder may not disclose such information publicly or to any third party without the CompanyPurchaser’s prior written consent prior to providing such information to the Purchaser, and if the Purchaser fails to provide such written consent, which consent may the Company shall not be withheld at deemed to be in breach of any of the Company’s sole discretionTransaction Documents as a result of the failure to provide such information. To the extent that the Company delivers any material, non-public information to a Holder the Purchaser without such Holderthe Purchaser’s consentprior written consent in breach of the foregoing sentence, the Company hereby covenants and agrees that such Holder the Purchaser shall not have any duty of confidentiality with respect to, or a duty not to trade on the basis of, such material, non-public information, provided that the Purchaser shall remain subject to applicable law. Neither Subject to the foregoing, neither the Company, its Subsidiaries nor any Holder the Purchaser shall issue any press releases or any other public statements or disclosures with respect to the transactions contemplated hereby; provided, however, (i) the Company shall be entitled, without the prior approval of any Holderthe Purchaser, to make the Press Release and any press release or other public disclosure with respect to such transactions (i) in substantial conformity with the 8-K Filing and contemporaneously therewith, (ii) the Holders shall be entitled, without the prior approval of the Company, to file one or more amendments to statements on Schedule 13D pursuant to the 1934 Act, and (iii) each party shall be entitled, without the prior approval of any other party, to make such disclosures as are otherwise is required by applicable law and regulations (provided that in the case of clause (i) each Holder above, the Purchaser shall be consulted by the Company in connection with any such press release or other public disclosure prior to its release and, in the case of clause (ii) the Company shall be consulted by such Holders in connection with the filing of such amendments to statements on Schedule 13Drelease). Without the prior written consent of the applicable Holder Purchaser (which may be granted or withheld in such Holderthe Purchaser’s sole discretion), except as required by applicable law or regulation, the Company shall not (and shall cause each of its Subsidiaries and affiliates to not) disclose the name of such Holder the Purchaser in any filing, announcement, release or otherwise, except in the 8-K Filing and as otherwise may be required by applicable law or regulations. Notwithstanding anything contained in this Agreement to the contrary and without implication that the contrary would otherwise be true, the Company expressly acknowledges and agrees that no Holder the Purchaser shall not have (unless expressly agreed to by a particular Holder the Purchaser after the date hereof in a written definitive and binding agreement executed by the Company and such particular Holder (it being understood and agreed that no Holder may bind any other Holder with respect thereto)the Purchaser), any duty of confidentiality with respect to, or a duty not to trade on the basis of, any material, nonpublic non-public information regarding the Company or any of its Subsidiaries.

Limitations on Disclosure. The Other than as required under the Transaction Documents (but subject to any other disclosure obligations of the Company with respect thereto), the Company shall not, and the Company shall cause each of its Subsidiaries and each of its and their respective officers, directors, employees and agents not to, provide any Holder Buyer with any material, non-public information regarding the Company or any of its Subsidiaries from and after the date hereof without unless prior thereto such Buyer shall have consented in writing to the express prior written consent receipt of such Holder (which may be granted or withheld in such Holder’s sole discretion). Notwithstanding that information and agreed with the Company and each Holder have acknowledged and agreed that the Company has not provided any information to the Holders that shall constitute material non-public information following the 8-K Filing, the Company and each Holder hereby acknowledge and agree that the Company has provided other confidential information to each Holder and each Holder agrees that, although such Holder may trade on the basis of such information, such Holder may not disclose keep such information publicly or to any third party without the Company’s prior written consent, which consent may be withheld at the Company’s sole discretionconfidential. To the extent that the Company delivers any material, non-public information to a Holder Buyer without such HolderBuyer’s prior written consent, the Company hereby covenants and agrees that such Holder Buyer shall not have any duty of confidentiality with respect to, or a duty not to trade on the basis of, such material, non-public information, provided that the Buyer shall remain subject to applicable law. Neither None of the Company, its Subsidiaries nor or any Holder Buyer shall issue any press releases or any other public statements or disclosures with respect to the transactions contemplated hereby; provided, however, (i) the Company shall be entitled, without the prior approval of any HolderBuyer, to make the Press Release and any press release or other public disclosure with respect to such transactions (i) in substantial conformity with the 8-K Filing and contemporaneously therewith, therewith and (ii) the Holders shall be entitled, without the prior approval of the Company, to file one or more amendments to statements on Schedule 13D pursuant to the 1934 Act, and (iii) each party shall be entitled, without the prior approval of any other party, to make such disclosures as are otherwise is required by applicable law and regulations (provided that in the case of clause (i) each Holder Buyer shall be consulted by the Company in connection with any such press release or other public disclosure prior to its release and, in the case of clause (ii) the Company shall be consulted by such Holders in connection with the filing of such amendments to statements on Schedule 13Drelease). Without the prior written consent of the applicable Holder Buyer (which may be granted or withheld in such HolderBuyer’s sole discretion), except as required by applicable law or regulation, the Company shall not (and shall cause each of its Subsidiaries and affiliates to not) disclose the name of such Holder Buyer in any filing, announcement, release or otherwise. Notwithstanding anything contained , except in this Agreement to the contrary 8-K Filing and without implication that the contrary would as otherwise may be true, the Company expressly acknowledges and agrees that no Holder shall have (unless expressly agreed to required by a particular Holder after the date hereof in a written definitive and binding agreement executed by the Company and such particular Holder (it being understood and agreed that no Holder may bind any other Holder with respect thereto)), any duty of confidentiality with respect to, or a duty not to trade on the basis of, any material, nonpublic information regarding the Company or any of its Subsidiariesapplicable law.

Limitations on Disclosure. The Company shall not, and the Company shall cause each of its Subsidiaries and each of its and their respective officers, directors, employees and agents not to, provide any Holder Buyer with any material, non-public information regarding the Company or any of its Subsidiaries from and after the date hereof without the express prior written consent of such Holder Buyer (which may be granted or withheld in such HolderBuyer’s sole discretion). Notwithstanding that the Company and each Holder have acknowledged and agreed that the Company has not provided any information to the Holders that shall constitute material non-public information following the 8-K Filing, the Company and each Holder hereby acknowledge and agree that the Company has provided other confidential information to each Holder and each Holder agrees that, although such Holder may trade on the basis of such information, such Holder may not disclose such information publicly or to any third party without the Company’s prior written consent, which consent may be withheld at the Company’s sole discretion. To the extent that the Company delivers any material, non-public information to a Holder Buyer without such Holder▇▇▇▇▇’s consent, the Company hereby covenants and agrees that such Holder Buyer shall not have any duty of confidentiality with respect to, or a duty not to trade on the basis of, such material, non-public information. Neither Subject to the foregoing, neither the Company, its Subsidiaries nor any Holder Buyer shall issue any press releases or any other public statements or disclosures with respect to the transactions contemplated hereby; provided, however, (i) the Company shall be entitled, without the prior approval of any HolderBuyer, to make the applicable Press Release and any press release or other public disclosure with respect to such transactions (i) in substantial conformity with the 8applicable 6-K Filing and contemporaneously therewith, therewith and (ii) the Holders shall be entitled, without the prior approval of the Company, to file one or more amendments to statements on Schedule 13D pursuant to the 1934 Act, and (iii) each party shall be entitled, without the prior approval of any other party, to make such disclosures as are otherwise is required by applicable law and law, regulations or applicable stock exchange rules (provided that in the case of clause (i) each Holder Buyer shall be consulted by the Company in connection with any such press release or other public disclosure prior to its release and, in the case of clause (ii) the Company shall be consulted by such Holders in connection with the filing of such amendments to statements on Schedule 13Drelease). Without the prior written consent of the applicable Holder Buyer (which may be granted or withheld in such HolderBuyer’s sole discretion), except as required by applicable law or regulation, the Company shall not (and shall cause each of its Subsidiaries and affiliates to not) disclose the name of such Holder Buyer in any filing, announcement, release or otherwise. Notwithstanding anything contained in this Agreement to the contrary and without implication that the contrary would otherwise be true, the Company expressly acknowledges and agrees that no Holder Buyer shall have (unless expressly agreed to by a particular Holder Buyer after the date hereof in a written definitive and binding agreement executed by the Company and such particular Holder Buyer (it being understood and agreed that no Holder Buyer may bind any other Holder Buyer with respect thereto)), any duty of confidentiality with respect to, or a duty not to trade on the basis of, any material, nonpublic non-public information regarding the Company or any of its Subsidiaries.

Limitations on Disclosure. The Company shall not, and the Company shall cause each of its Subsidiaries and each of its and their respective officers, directors, employees and agents not to, provide any Holder the Buyer with any material, non-public information regarding the Company or any of its Subsidiaries from and after the date hereof without the express prior written consent of such Holder the Buyer (which may be granted or withheld in such Holderthe Buyer’s sole discretion). Notwithstanding that the Company and each Holder have acknowledged and agreed that the Company has not provided any information to the Holders that shall constitute material non-public information following the 8-K Filing, the Company and each Holder hereby acknowledge and agree that the Company has provided other confidential information to each Holder and each Holder agrees that, although such Holder may trade on the basis of such information, such Holder may not disclose such information publicly or to any third party without the Company’s prior written consent, which consent may be withheld at the Company’s sole discretion. To the extent that the Company delivers any material, non-public information to a Holder Buyer without such Holderthe Buyer’s consent, the Company hereby covenants and agrees that such Holder the Buyer shall not have any duty of confidentiality with respect to, or a duty not to trade on the basis of, such material, non-public information. Neither Subject to the foregoing, neither the Company, its Subsidiaries nor any Holder the Buyer shall issue any press releases or any other public statements or disclosures with respect to the transactions contemplated hereby; provided, however, (i) the Company shall be entitled, without the prior approval of any Holderthe Buyer, to make the Press Release and any press release or other public disclosure with respect to such transactions (i) in substantial conformity with the 8-K Filing and contemporaneously therewith, (ii) the Holders shall be entitled, without the prior approval of the Company, to file one or more amendments to statements on Schedule 13D pursuant to the 1934 Act, and (iii) each party shall be entitled, without the prior approval of any other party, to make such disclosures as are otherwise is required by applicable law and regulations (provided that in the case of clause (i) each Holder shall be consulted by the Company in connection with any such press release or other public disclosure prior to its release and, in the case of clause (ii) the Company shall be consulted by such Holders in connection with the filing of such amendments to statements on Schedule 13D)regulations. Without the prior written consent of the applicable Holder Buyer (which may be granted or withheld in such Holderthe Buyer’s sole discretion), except as required by applicable law or regulation, the Company shall not (and shall cause each of its Subsidiaries and affiliates to not) disclose the name of such Holder the Buyer in any filing, announcement, release or otherwise, except as required by applicable law or regulation. Notwithstanding anything contained in this Agreement to the contrary and without implication that the contrary would otherwise be true, the Company expressly acknowledges and agrees that from the issuance of the Press Release, no Holder Buyer shall have (unless expressly agreed to by a particular Holder the Buyer after the date hereof in a written definitive and binding agreement executed by the Company and such particular Holder (it being understood and agreed that no Holder may bind any other Holder with respect thereto)), the Buyer) any duty of confidentiality with respect to, or a duty not to trade on the basis of, any material, nonpublic non-public information regarding the Company or any of its Subsidiaries.

Limitations on Disclosure. The Other than as required under the Transaction Documents (but subject to any other disclosure obligations of the Company with respect thereto), the Company shall not, and the Company shall cause each of its Subsidiaries and each of its and their respective officers, directors, employees and agents not to, provide any Holder with any material, non-public information regarding the Company or any of its Subsidiaries from and after the date hereof without unless prior thereto such Holder shall have consented in writing to the express prior written consent receipt of such Holder (which may be granted or withheld in such Holder’s sole discretion). Notwithstanding that information and agreed with the Company and each Holder have acknowledged and agreed that the Company has not provided to keep such information confidential. If any information to the Holders that shall constitute material material, non-public information following is required to be provided by the 8-K FilingCompany or any of its Subsidiaries to any Holder pursuant to the Transaction Documents, the Company and shall obtain each Holder hereby acknowledge and agree that the Company has provided other confidential information to each Holder and each Holder agrees that, although such Holder may trade on the basis of such information, such Holder may not disclose such information publicly or to any third party without the CompanyHolder’s prior written consent prior to providing such information to such Holder, and if any Holder fails to provide such written consent, which consent may the Company shall not be withheld at deemed to be in breach of any of the Company’s sole discretionTransaction Documents as a result of the failure to provide such information. To the extent that the Company delivers any material, non-public information to a Holder without such Holder’s consentprior written consent in breach of the foregoing sentence, the Company hereby covenants and agrees that such Holder shall not have any duty of confidentiality with respect to, or a duty not to trade on the basis of, such material, non-public information, provided that the Holder shall remain subject to applicable law. Neither Subject to the foregoing, neither the Company, its Subsidiaries nor any Holder shall issue any press releases or any other public statements or disclosures with respect to the transactions contemplated hereby; provided, however, (i) the Company shall be entitled, without the prior approval of any Holder, to make the Press Release and any press release or other public disclosure with respect to such transactions (i) in substantial conformity with the 8-K Filing and contemporaneously therewith, (ii) the Holders shall be entitled, without the prior approval of the Company, to file one or more amendments to statements on Schedule 13D pursuant to the 1934 Act, and (iii) each party shall be entitled, without the prior approval of any other party, to make such disclosures as are otherwise is required by applicable law and regulations (provided that in the case of clause (i) above, each Holder shall be consulted by the Company in connection with any such press release or other public disclosure prior to its release and, in the case of clause (ii) the Company shall be consulted by such Holders in connection with the filing of such amendments to statements on Schedule 13Drelease). Without the prior written consent of the applicable Holder (which may be granted or withheld in such Holder’s sole discretion), except as required by applicable law or regulation, the Company shall not (and shall cause each of its Subsidiaries and affiliates to not) disclose the name of such Holder in any filing, announcement, release or otherwise, except in the 8-K Filing and as otherwise may be required by applicable law or regulations. Notwithstanding anything contained in this Agreement to the contrary and without implication that the contrary would otherwise be true, the Company expressly acknowledges and agrees that no Holder shall have (unless expressly agreed to by a particular Holder after the date hereof in a written definitive and binding agreement executed by the Company and such particular Holder (it being understood and agreed that no Holder may bind any other Holder with respect thereto)), any duty of confidentiality with respect to, or a duty not to trade on the basis of, any material, nonpublic non-public information regarding the Company or any of its Subsidiaries.

Limitations on Disclosure. The Company shall not, and the Company shall cause each of its Subsidiaries and each of its and their respective officers, directors, employees and agents not to, provide any Holder Buyer with any material, non-public non­public information regarding the Company or any of its Subsidiaries from and after the date hereof without first obtaining the express prior written consent of such Holder Buyer (which may be granted or withheld in such Holder’s Buyer's sole discretion). Notwithstanding that the Company and each Holder have acknowledged and agreed that the Company has not provided any information to the Holders that shall constitute material non-public information following the 8-K Filing, the Company and each Holder hereby acknowledge and agree that the Company has provided other confidential information to each Holder and each Holder agrees that, although such Holder may trade on the basis of such information, such Holder may not disclose such information publicly or to any third party without the Company’s prior written consent, which consent may be withheld at the Company’s sole discretion. To the extent that the Company delivers any material, non-public information to a Holder Buyer without such Holder▇▇▇▇▇’s consent, the Company hereby covenants and agrees that such Holder Buyer shall not have any duty of confidentiality with respect to, or a duty not to trade on the basis of, such material, non-public information. Neither Subject to the foregoing, neither the Company, its Subsidiaries nor any Holder Buyer shall issue any press releases or any other public statements or disclosures with respect to the transactions contemplated hereby; provided, however, (i) the Company shall be entitled, without the prior approval of any HolderBuyer, to make the Press Release and any press release or other public disclosure with respect to such transactions (i) in substantial conformity with the 8-K Filing Current Report and contemporaneously therewith, therewith and (ii) the Holders shall be entitled, without the prior approval of the Company, to file one or more amendments to statements on Schedule 13D pursuant to the 1934 Act, and (iii) each party shall be entitled, without the prior approval of any other party, to make such disclosures as are otherwise is required by applicable law and regulations (provided that in the case of clause (i) ), and to the extent practicable, each Holder Buyer shall be consulted by the Company in connection with any such press release or other public disclosure prior to its release and, release). Except with respect to the matters described in the case Transaction Agreements, including the name of clause (ii) the Company shall be consulted by such Holders in connection with Buyers as set forth therein, and events that have occurred pursuant to the filing terms of such amendments to statements on Schedule 13D). Without the Transaction Agreements, without the prior written consent of the applicable Holder Buyer (which may be granted or withheld in such HolderBuyer’s sole discretion), except as required by applicable law or regulation, the Company shall not (and shall cause each of its Subsidiaries and affiliates to not) disclose the name of such Holder Buyer in any filing, announcement, release or otherwise. Notwithstanding anything contained in this Agreement to the contrary and without implication that the contrary would otherwise be true, the Company expressly acknowledges and agrees that no Holder Buyer shall have (unless expressly agreed to by a particular Holder Buyer after the date hereof in a written definitive and binding agreement executed by the Company and such particular Holder Buyer (it being understood and agreed that no Holder Buyer may bind any other Holder Buyer with respect thereto)), any duty of confidentiality with respect to, or a duty not to trade on the basis of, any material, nonpublic non-public information regarding the Company or any of its Subsidiaries.

Limitations on Disclosure. The Other than as required under the Transaction Documents (but subject to any other disclosure obligations of the Company with respect thereto), the Company shall not, and the Company shall cause each of its Subsidiaries and each of its and their respective officers, directors, employees and agents not to, provide any Holder Buyer with any material, non-public information regarding the Company or any of its Subsidiaries from and after the date hereof without unless prior thereto such Buyer shall have consented in writing to the express prior written consent receipt of such Holder (which may be granted or withheld in such Holder’s sole discretion). Notwithstanding that information and agreed with the Company and each Holder have acknowledged and agreed that the Company has not provided to keep such information confidential. If any information to the Holders that shall constitute material material, non-public information following is required to be provided by the 8-K FilingCompany or any of its Subsidiaries to any Buyer pursuant to the Transaction Documents, the Company and shall obtain each Holder hereby acknowledge and agree that the Company has provided other confidential information to each Holder and each Holder agrees that, although such Holder may trade on the basis of such information, such Holder may not disclose such information publicly or to any third party without the CompanyBuyer’s prior written consent prior to providing such information to such Buyer, and if any Buyer fails to provide such written consent, which consent may the Company shall not be withheld at deemed to be in breach of any of the Company’s sole discretionTransaction Documents as a result of the failure to provide such information. To the extent that the Company delivers any material, non-public information to a Holder Buyer without such HolderBuyer’s consentprior written consent in breach of the foregoing sentence, the Company hereby covenants and agrees that such Holder Buyer shall not have any duty of confidentiality with respect to, or a duty not to trade on the basis of, such material, non-public information, provided that the Buyer shall remain subject to applicable law. Neither Subject to the foregoing, neither the Company, its Subsidiaries nor any Holder Buyer shall issue any press releases or any other public statements or disclosures with respect to the transactions contemplated hereby; provided, however, (i) the Company shall be entitled, without the prior approval of any HolderBuyer, to make the Press Release and any press release or other public disclosure with respect to such transactions (i) in substantial conformity with the 86-K Filing and contemporaneously therewith, (ii) the Holders shall be entitled, without the prior approval of the Company, to file one or more amendments to statements on Schedule 13D pursuant to the 1934 Act, and (iii) each party shall be entitled, without the prior approval of any other party, to make such disclosures as are otherwise is required by applicable law and regulations (provided that in the case of clause (i) above, each Holder Buyer shall be consulted by the Company in connection with any such press release or other public disclosure prior to its release and, in the case of clause (ii) the Company shall be consulted by such Holders in connection with the filing of such amendments to statements on Schedule 13Drelease). Without the prior written consent of the applicable Holder Buyer (which may be granted or withheld in such HolderBuyer’s sole discretion), except as required by applicable law or regulation, the Company shall not (and shall cause each of its Subsidiaries and affiliates to not) disclose the name of such Holder Buyer in any filing, announcement, release or otherwise, except in the 6-K Filing and as otherwise may be required by applicable law or regulations. Notwithstanding anything contained in this Agreement to the contrary and without implication that the contrary would otherwise be true, the Company expressly acknowledges and agrees that no Holder Buyer shall have (unless expressly agreed to by a particular Holder Buyer after the date hereof in a written definitive and binding agreement executed by the Company and such particular Holder Buyer (it being understood and agreed that no Holder Buyer may bind any other Holder Buyer with respect thereto)), any duty of confidentiality with respect to, or a duty not to trade on the basis of, any material, nonpublic non-public information regarding the Company or any of its Subsidiaries.

Limitations on Disclosure. The Other than as required under the Transaction Documents (but subject to any other disclosure obligations of the Company with respect thereto), the Company shall not, and the Company shall cause each of its Subsidiaries and each of its and their respective officers, directors, employees and agents not to, provide any Holder Buyer with any material, non-public information regarding the Company or any of its Subsidiaries from and after the date hereof without unless prior thereto such Buyer shall have consented in writing to the express prior written consent receipt of such Holder (which may be granted or withheld in such Holder’s sole discretion). Notwithstanding that information and agreed with the Company and each Holder have acknowledged and agreed that the Company has not provided any information to the Holders that shall constitute material non-public information following the 8-K Filing, the Company and each Holder hereby acknowledge and agree that the Company has provided other confidential information to each Holder and each Holder agrees that, although such Holder may trade on the basis of such information, such Holder may not disclose keep such information publicly or to any third party without the Company’s prior written consent, which consent may be withheld at the Company’s sole discretionconfidential. To the extent that the Company delivers any material, non-public information to a Holder Buyer without such HolderBuyer’s prior written consent, the Company hereby covenants and agrees that such Holder Buyer shall not have any duty of confidentiality with respect to, or a duty not to trade on the basis of, such material, non-public information, provided that the Buyer shall remain subject to applicable law. Neither Subject to the foregoing, neither the Company, its Subsidiaries nor any Holder Buyer shall issue any press releases or any other public statements or disclosures with respect to the transactions contemplated hereby; provided, however, (i) the Company shall be entitled, without the prior approval of any HolderBuyer, to make the Press Release and any press release or other public disclosure with respect to such transactions (i) in substantial conformity with the 8-K Filing and contemporaneously therewith, therewith and (ii) the Holders shall be entitled, without the prior approval of the Company, to file one or more amendments to statements on Schedule 13D pursuant to the 1934 Act, and (iii) each party shall be entitled, without the prior approval of any other party, to make such disclosures as are otherwise is required by applicable law and regulations (provided that in the case of clause (i) above, each Holder Buyer shall be consulted by the Company in connection with any such press release or other public disclosure prior to its release and, in the case of clause (ii) the Company shall be consulted by such Holders in connection with the filing of such amendments to statements on Schedule 13Drelease). Without the prior written consent of the applicable Holder Buyer (which may be granted or withheld in such HolderBuyer’s sole discretion), except as required by applicable law or regulation, the Company shall not (and shall cause each of its Subsidiaries and affiliates to not) disclose the name of such Holder Buyer in any filing, announcement, release or otherwise, except in the 8-K filing and as otherwise may be required by applicable law. Notwithstanding anything contained in this Agreement to the contrary and without implication that the contrary would otherwise be true, the Company expressly acknowledges and agrees that no Holder Buyer shall have (unless expressly agreed to by a particular Holder Buyer after the date hereof in a written definitive and binding agreement executed by the Company and such particular Holder Buyer (it being understood and agreed that no Holder Buyer may bind any other Holder Buyer with respect thereto)), any duty of confidentiality with respect to, or a duty not to trade on the basis of, any material, nonpublic non-public information regarding the Company or any of its Subsidiaries.

Limitations on Disclosure. The Other than as required under the Transaction Documents (but subject to any other disclosure obligations of the Company with respect thereto), the Company shall not, and the Company shall cause each of its Subsidiaries and each of its and their respective officers, directors, employees and agents not to, provide any Holder Buyer with any material, non-public information regarding the Company or any of its Subsidiaries from and after the date hereof without unless prior thereto such Buyer shall have consented in writing to the express prior written consent receipt of such Holder (which may be granted or withheld in such Holder’s sole discretion). Notwithstanding that information and agreed with the Company and each Holder have acknowledged and agreed that the Company has not provided any information to the Holders that shall constitute material non-public information following the 8-K Filing, the Company and each Holder hereby acknowledge and agree that the Company has provided other confidential information to each Holder and each Holder agrees that, although such Holder may trade on the basis of such information, such Holder may not disclose keep such information publicly or to any third party without the Company’s prior written consent, which consent may be withheld at the Company’s sole discretionconfidential. To the extent that the Company delivers any material, non-public information to a Holder Buyer without such HolderBuyer’s prior written consent, the Company hereby covenants and agrees that such Holder Buyer shall not have any duty of confidentiality with respect to, or a duty not to trade on the basis of, such material, non-public information, provided that the Buyer shall remain subject to applicable law. Neither Subject to the foregoing, neither the Company, its Subsidiaries nor any Holder Buyer shall issue any press releases or any other public statements or disclosures with respect to the transactions contemplated hereby; provided, however, (i) the Company shall be entitled, without the prior approval of any HolderBuyer, to make the Press Release and any press release or other public disclosure with respect to such transactions (i) in substantial conformity with the 8-K Filing and contemporaneously therewith, therewith and (ii) the Holders shall be entitled, without the prior approval of the Company, to file one or more amendments to statements on Schedule 13D pursuant to the 1934 Act, and (iii) each party shall be entitled, without the prior approval of any other party, to make such disclosures as are otherwise is required by applicable law and regulations (provided that in the case of clause (i) each Holder above, the lead Buyer shall be consulted (but shall not have a consent right) by the Company in connection with any such press release or other public disclosure prior to its release and, in the case of clause (ii) the Company shall be consulted by such Holders in connection with the filing of such amendments to statements on Schedule 13Drelease). Without the prior written consent of the applicable Holder Buyer (which may be granted or withheld in such HolderBuyer’s sole discretion), except as required by applicable law or regulation, the Company shall not (and shall cause each of its Subsidiaries and affiliates to not) disclose the name of such Holder Buyer in any filing, announcement, release or otherwise, except in the 8-K filing and as otherwise may be required by applicable law. Notwithstanding anything contained in this Agreement to the contrary and without implication that the contrary would otherwise be true, the Company expressly acknowledges and agrees that no Holder Buyer shall have (unless expressly agreed to by a particular Holder Buyer after the date hereof in a written definitive and binding agreement executed by the Company and such particular Holder Buyer (it being understood and agreed that no Holder Buyer may bind any other Holder Buyer with respect thereto)), any duty of confidentiality with respect to, or a duty not to trade on the basis of, any material, nonpublic non-public information regarding the Company or any of its Subsidiaries.

Limitations on Disclosure. The Company shall not, and the Company shall cause each of its Subsidiaries Subsidiary and each of its and their respective officers, directors, employees and agents not to, provide any Holder the Investor with any material, non-public information regarding the Company or any of its Subsidiaries Subsidiary from and after the date hereof issuance of the Current Report without the express prior written consent of such Holder the Investor (which may be granted or withheld in such Holderthe Investor’s sole discretion). Notwithstanding that the Company and each Holder have acknowledged and agreed that the Company has not provided any information to the Holders that shall constitute material non-public information following the 8-K Filing, the Company and each Holder hereby acknowledge and agree that the Company has provided other confidential information to each Holder and each Holder agrees that, although such Holder may trade on the basis of such information, such Holder may not disclose such information publicly or to any third party without the Company’s prior written consent, which consent may be withheld at the Company’s sole discretion. To the extent that the Company delivers any material, non-public information to a Holder the Investor without such Holder’s the Investor's consent, the Company hereby covenants and agrees that such Holder the Investor shall not have any duty of confidentiality with respect to, or a duty not to trade on the basis of, such material, non-public information. Neither Subject to the Companyforegoing, neither the Company nor its Subsidiaries nor any Holder Subsidiary shall issue any press releases or any other public statements or disclosures with respect to the transactions contemplated hereby; provided, however, (i) the Company shall be entitled, without the prior approval of any Holderthe Investor, to make the Press Release and issue any press release or other public disclosure with respect to such transactions (i) in substantial conformity with the 8-K Filing Current Report and contemporaneously therewith, therewith and (ii) the Holders shall be entitled, without the prior approval of the Company, to file one or more amendments to statements on Schedule 13D pursuant to the 1934 Act, and (iii) each party shall be entitled, without the prior approval of any other party, to make such disclosures as are otherwise is required by applicable law and regulations (provided that in the case of clause (i) each Holder the Investor shall be consulted by the Company in connection with any such press release (or other public disclosure disclosure) prior to its release and, in the case of clause (ii) the Company shall be consulted by such Holders in connection with the filing of such amendments to statements on Schedule 13DCurrent Report). Without the prior written consent of the applicable Holder (which may be granted or withheld in such Holder’s sole discretion), except as required by applicable law or regulation, the Company shall not (and shall cause each of its Subsidiaries and affiliates to not) disclose the name of such Holder in any filing, announcement, release or otherwise. Notwithstanding anything contained in this Agreement to the contrary and without implication that the contrary would otherwise be true, the Company expressly acknowledges and agrees that no Holder that, following the filing of the Registration Statement, the Investor shall not have (unless expressly agreed to by a particular Holder the Investor after the date hereof in a written definitive and binding agreement executed by the Company and such particular Holder (it being understood and agreed that no Holder may bind any other Holder with respect thereto)), the Investor) any duty of confidentiality with respect to, or a duty not to trade on the basis of, any material, nonpublic non-public information regarding the Company or any of its SubsidiariesSubsidiary.

Limitations on Disclosure. The Company shall not, and Except to the Company shall cause each extent required in the performance of its Subsidiaries and each of its and their respective officersServices, directors, employees and agents not to, provide any Holder with any material, non-public information regarding the Company or any of its Subsidiaries from and after the date hereof without the express prior written consent of such Holder (which may be granted or withheld in such Holder’s sole discretion). Notwithstanding that the Company and each Holder have acknowledged and agreed that the Company has not provided any information to the Holders that shall constitute material non-public information following the 8-K Filing, the Company and each Holder hereby acknowledge and agree that the Company has provided other confidential information to each Holder and each Holder agrees that, although such Holder may trade on the basis of such information, such Holder may not disclose such information publicly or to any third party without the Company’s prior written consent, which consent may be withheld at the Company’s sole discretion. To the extent that the Company delivers any material, non-public information to a Holder without such Holder’s consent, the Company hereby covenants and Consultant agrees that such Holder shall not have any duty of confidentiality with respect to, or a duty not to trade on the basis of, such material, non-public information. Neither the Company, its Subsidiaries nor any Holder shall issue any press releases or any other public statements or disclosures with respect to the transactions contemplated hereby; provided, however, (i) the Company shall be entitled, without the prior approval of any Holder, to make the Press Release and any press release or other public disclosure with respect to such transactions in substantial conformity with the 8-K Filing and contemporaneously therewith, (ii) the Holders shall be entitled, without the prior approval of the Company, to file one or more amendments to statements on Schedule 13D pursuant to the 1934 Act, and (iii) each party shall be entitled, without the prior approval of any other party, to make such disclosures as are otherwise required by applicable law and regulations (provided that in the case of clause (i) each Holder shall be consulted by the Company in connection with any such press release or other public disclosure prior to its release and, in the case of clause (ii) the Company shall be consulted by such Holders in connection with the filing of such amendments to statements on Schedule 13D). Without the prior written consent of the applicable Holder (which may be granted or withheld in such Holder’s sole discretion), except as required by applicable law or regulation, the Company it shall not (and shall cause each take full responsibility for ensuring that none of its Subsidiaries agents), without the express and affiliates duly authorized prior written consent of Company, transmit, disseminate, redistribute, market, publish, disclose or otherwise divulge to notany other Person for any purpose whatsoever (i) disclose any of Company Confidential Information during the name Term and for a period of three (3) years immediately thereafter; or (ii) any of Company Trade Secrets at any time during which such Holder in any filinginformation shall continue to constitute a Trade Secret (whether before, announcement, release during or otherwiseafter termination of this Agreement). Notwithstanding anything contained in Consultant’s obligations under this Section 6(b) shall not apply to information that can be demonstrated by Consultant to: (i) have been developed independently by or known to Consultant prior to execution of this Agreement and not otherwise assigned, transferred or otherwise conveyed to the contrary and without implication that the contrary would otherwise be true, the Company expressly acknowledges and agrees that no Holder shall have (unless expressly agreed to by a particular Holder after the date hereof in a written definitive and binding agreement executed by the Company and such particular Holder (it being understood and agreed that no Holder may bind under this Agreement or any other Holder with respect thereto))agreement; (ii) not have been acquired, any duty of confidentiality with respect todirectly or indirectly, or a duty not to trade on the basis of, any material, nonpublic information regarding by Consultant from the Company or from a third party under an obligation of confidence or limited use; (iii) have been rightfully received by Consultant in accordance with this Agreement after disclosure to Company from a third party who did not require Consultant to hold it in confidence or limit its use and who did not acquire it, directly or indirectly, from the Company under a continuing obligation of confidence; (iv) have been in the public domain as of the date of this Agreement, or comes into the public domain during the Term of this Agreement through no fault of Consultant; or (v) to be required to be disclosed by a governmental or other regulatory body or by action of law. If Consultant under clause (v) above becomes legally compelled to disclose any Company Confidential Information or Trade Secrets, Consultant shall use all reasonable efforts to provide Company with prior notice thereof so that it may seek a protective order or other appropriate remedy to prevent such disclosure. If such protective order or other remedy is not obtained prior to the time such disclosure is required, Consultant shall nevertheless only disclose that portion of its Subsidiariessuch Confidential Information or Trade Secrets that it is legally required to disclose.

Limitations on Disclosure. The Company shall not, and the Company shall cause each of its Subsidiaries and each of its and their respective officers, directors, employees and agents not to, provide any the Holder with any material, non-public information regarding the Company or any of its Subsidiaries from and after the date hereof without the express prior written consent of such the Holder (which may be granted or withheld in such the Holder’s sole discretion). Notwithstanding that the Company and each Holder have acknowledged and agreed that the Company has not provided any information Subject to the Holders that shall constitute material non-public information following the 8-K Filingforegoing, the Company and each Holder hereby acknowledge and agree that the Company has provided other confidential information to each Holder and each Holder agrees that, although such Holder may trade on the basis of such information, such Holder may not disclose such information publicly or to any third party without the Company’s prior written consent, which consent may be withheld at the Company’s sole discretion. To the extent that the Company delivers any material, non-public information to a Holder without such Holder’s consent, the Company hereby covenants and agrees that such Holder shall not have any duty of confidentiality with respect to, or a duty not to trade on the basis of, such material, non-public information. Neither neither the Company, its Subsidiaries nor any the Holder shall issue any press releases or any other public statements or disclosures with respect to the transactions contemplated hereby; provided, however, (i) the Company shall be entitled, without the prior approval of any the Holder, to make the Press Release and any press release or other public disclosure with respect to such transactions (i) in substantial conformity with the 8-K Filing and contemporaneously therewith, therewith and (ii) the Holders shall be entitled, without the prior approval of the Company, to file one or more amendments to statements on Schedule 13D pursuant to the 1934 Act, and (iii) each party shall be entitled, without the prior approval of any other party, to make such disclosures as are otherwise is required by applicable law and regulations (provided that in the case of clause (i) each the Holder shall be consulted by the Company in connection with any such press release or other public disclosure prior to its release and, in the case of clause (ii) the Company shall be consulted by such Holders in connection with the filing of such amendments to statements on Schedule 13Drelease). Without the prior written consent of the applicable Holder (which may be granted or withheld in such the Holder’s sole discretion), except as required by applicable law or regulation, the Company shall not (and shall cause each of its Subsidiaries and affiliates to not) disclose the name of such the Holder in any filing, announcement, release or otherwise. Notwithstanding anything contained in this Agreement to the contrary and without implication that the contrary would otherwise be true, the Company expressly acknowledges and agrees that no the Holder shall not have (unless expressly agreed to by a particular the Holder after the date hereof in a written definitive and binding agreement executed by the Company and such particular Holder (it being understood and agreed that no Holder may bind any other Holder with respect thereto)the Holder), any duty of confidentiality with respect to, or a duty not to trade on the basis of, any material, nonpublic non-public information regarding the Company or any of its Subsidiaries.

Limitations on Disclosure. The Other than as required under the Transaction Documents (but subject to any other disclosure obligations of the Company with respect thereto), the Company shall not, and the Company shall cause each of its Subsidiaries and each of its and their respective officers, directors, employees and agents not to, provide any Holder Buyer with any material, non-public information regarding the Company or any of its Subsidiaries from and after the date hereof without unless prior thereto such Buyer shall have consented in writing to the express prior written consent receipt of such Holder (which may be granted or withheld in such Holder’s sole discretion). Notwithstanding that information and agreed with the Company and each Holder have acknowledged and agreed that the Company has not provided to keep such information confidential. If any information to the Holders that shall constitute material material, non-public information following is required to be provided by the 8-K FilingCompany or any of its Subsidiaries to any Buyer pursuant to the Transaction Documents, the Company and shall obtain each Holder hereby acknowledge and agree that the Company has provided other confidential information to each Holder and each Holder agrees that, although such Holder may trade on the basis of such information, such Holder may not disclose such information publicly or to any third party without the CompanyBuyer’s prior written consent prior to providing such information to such Buyer, and if any Buyer fails to provide such written consent, which consent may the Company shall not be withheld at deemed to be in breach of any of the Company’s sole discretionTransaction Documents as a result of the failure to provide such information. To the extent that the Company delivers any material, non-public information to a Holder Buyer without such Holder▇▇▇▇▇’s consentprior written consent in breach of the foregoing sentence, the Company hereby covenants and agrees that such Holder Buyer shall not have any duty of confidentiality with respect to, or a duty not to trade on the basis of, such material, non-public information, provided that the Buyer shall remain subject to applicable law. Neither Subject to the foregoing, neither the Company, its Subsidiaries nor any Holder Buyer shall issue any press releases or any other public statements or disclosures with respect to the transactions contemplated hereby, except the Press Release; provided, however, (i) the Company shall be entitled, without the prior approval of any HolderBuyer, to make the Press Release and any press release or other public disclosure with respect to such transactions (i) in substantial conformity with the 8-K Filing and contemporaneously therewith, therewith and (ii) the Holders shall be entitled, without the prior approval of the Company, to file one or more amendments to statements on Schedule 13D pursuant to the 1934 Act, and (iii) each party shall be entitled, without the prior approval of any other party, to make such disclosures as are otherwise is required by applicable law and regulations (provided that in the case of clause (i) above, each Holder Buyer shall be consulted by the Company in connection with any such press release or other public disclosure prior to its release and, in the case of clause (ii) the Company shall be consulted by such Holders in connection with the filing of such amendments to statements on Schedule 13Drelease). Without the prior written consent of the applicable Holder Buyer (which may be granted or withheld in such HolderBuyer’s sole discretion), except as required by applicable law or regulation, the Company shall not (and shall cause each of its Subsidiaries and affiliates to not) disclose the name of such Holder Buyer in any filing, announcement, release or otherwise, except in the 8-K Filing and as otherwise may be required by applicable law or regulations; provided however, that with respect to any filing or submission required by applicable law or regulations, (i) such filing or submission shall contain only such information as is necessary or advisable to comply with applicable law or regulation and (ii) unless specifically prohibited by applicable law or court order, the Company shall promptly notify the Buyers of the requirement to make such submission or filing and provide the Buyers with a copy thereof. Notwithstanding anything contained in this Agreement to the contrary and without implication that the contrary would otherwise be true, the Company expressly acknowledges and agrees that no Holder Buyer shall have (unless expressly agreed to by a particular Holder Buyer after the date hereof in a written definitive and binding agreement executed by the Company and such particular Holder Buyer (it being understood and agreed that no Holder Buyer may bind any other Holder Buyer with respect thereto)), any duty of confidentiality with respect to, or a duty not to trade on the basis of, any material, nonpublic non-public information regarding the Company or any of its Subsidiaries.

Limitations on Disclosure. The Other than as required under the Transaction Documents (but subject to any other disclosure obligations of the Company with respect thereto), the Company shall not, and the Company shall cause each of its Subsidiaries and each of its and their respective officers, directors, employees and agents not to, provide any Holder Buyer with any material, non-public information regarding the Company or any of its Subsidiaries from and after the date hereof without unless prior thereto such Buyer shall have consented in writing to the express prior written consent receipt of such Holder (which may be granted or withheld in such Holder’s sole discretion). Notwithstanding that information and agreed with the Company and each Holder have acknowledged and agreed that the Company has not provided to keep such information confidential. If any information to the Holders that shall constitute material material, non-public information following is required to be provided by the 8-K FilingCompany or any of its Subsidiaries to any Buyer pursuant to the Transaction Documents, the Company and shall obtain each Holder hereby acknowledge and agree that the Company has provided other confidential information to each Holder and each Holder agrees that, although such Holder may trade on the basis of such information, such Holder may not disclose such information publicly or to any third party without the CompanyBuyer’s prior written consent prior to providing such information to such Buyer, and if any Buyer fails to provide such written consent, which consent may the Company shall not be withheld at deemed to be in breach of any of the Company’s sole discretionTransaction Documents as a result of the failure to provide such information. To the extent that the Company delivers any material, non-public information to a Holder Buyer without such Holder▇▇▇▇▇’s consentprior written consent in breach of the foregoing sentence, the Company hereby covenants and agrees that such Holder Buyer shall not have any duty of confidentiality with respect to, or a duty not to trade on the basis of, such material, non-public information, provided that the Buyer shall remain subject to applicable law. Neither Subject to the foregoing, neither the Company, its Subsidiaries nor any Holder Buyer shall issue any press releases or any other public statements or disclosures with respect to the transactions contemplated hereby, except the Press Release and the 8-K filing; provided, however, (i) the Company shall be entitled, without the prior approval of any HolderBuyer, to make the Press Release and any press release or other public disclosure with respect to such transactions (A) in substantial conformity with the 8-K Filing and contemporaneously therewith, (iiB) the Holders shall be entitled, without the prior approval of the Company, to file one or more amendments to statements on Schedule 13D pursuant to the 1934 Act, and (iii) each party shall be entitled, without the prior approval of any other party, to make such disclosures as are otherwise is required by applicable law and regulations (provided that in the case of clause (iA) above, each Holder Buyer shall be consulted by the Company in connection with any such press release or other public disclosure prior to its release and, in the case of clause (ii) the Company shall be consulted by such Holders in connection with the filing of such amendments to statements on Schedule 13Drelease). Without the prior written consent of the applicable Holder Buyer (which may be granted or withheld in such HolderBuyer’s sole discretion), except as required by applicable law or regulation, the Company shall not (and shall cause each of its Subsidiaries and affiliates to not) submit for publication or otherwise cause or seek to publish any information naming any Buyer or disclose the name of such Holder any Buyer in any filing, announcement, release or otherwise; provided that, nothing in the foregoing shall be construed to prohibit the Company from making any submission or filing (i) which it is required to make by applicable law or pursuant to judicial process, (ii) as required by federal securities law in connection with the filing of final Transaction Documents with the SEC, or (iii) to the extent such disclosure is required by law or regulations of the Principal Market (as defined in the Warrants); provided further, that (A) such filing or submission shall contain only such information as is necessary to comply with applicable law or judicial process and (B) unless specifically prohibited by applicable law or court order, the Company shall promptly notify the Buyers of the requirement to make such submission or filing and provide the Buyers with a copy thereof. Notwithstanding anything contained in this Agreement to the contrary and without implication that the contrary would otherwise be true, the Company expressly acknowledges and agrees that no Holder Buyer shall have (unless expressly agreed to by a particular Holder Buyer after the date hereof in a written definitive and binding agreement executed by the Company and such particular Holder Buyer (it being understood and agreed that no Holder Buyer may bind any other Holder Buyer with respect thereto)), ) any duty of confidentiality with respect to, or a duty not to trade on the basis of, any material, nonpublic non-public information regarding the Company or any of its Subsidiaries.

Limitations on Disclosure. The Company shall not, and the Company shall cause each of its Subsidiaries and each of its and their respective officers, directors, employees and agents not to, provide any Holder the Investor with any material, non-public information regarding the Company or any of its Subsidiaries from and after the date hereof filing of the Current Report with the SEC without the express prior written consent of such Holder the Investor (which may be granted or withheld in such Holderthe Investor’s sole discretion). Notwithstanding that the Company and each Holder have acknowledged and agreed that the Company has not provided any information to the Holders that shall constitute material non-public information following the 8-K Filing, the Company and each Holder hereby acknowledge and agree that the Company has provided other confidential information to each Holder and each Holder agrees that, although such Holder may trade on the basis of such information, such Holder may not disclose such information publicly or to any third party without the Company’s prior written consent, which consent may be withheld at the Company’s sole discretion. To the extent that the Company delivers any material, non-public information to a Holder the Investor without such Holderthe Investor’s consent, the Company hereby covenants and agrees that such Holder the Investor shall not have any duty of confidentiality with respect to, or a duty not to trade on the basis of, such material, non-public information. Neither Subject to the Companyforegoing, neither the Company nor any of its Subsidiaries nor any Holder shall issue any press releases or any other public statements or disclosures with respect to the transactions contemplated hereby; provided, however, (i) the Company shall be entitled, without the prior approval of any Holderthe Investor, to make the Press Release and issue any press release or other public disclosure with respect to such transactions (i) in substantial conformity with the 8-K Filing Current Report and contemporaneously therewith, therewith and (ii) the Holders shall be entitled, without the prior approval of the Company, to file one or more amendments to statements on Schedule 13D pursuant to the 1934 Act, and (iii) each party shall be entitled, without the prior approval of any other party, to make such disclosures as are otherwise is required by applicable law and regulations (provided that in the case of clause (i) each Holder the Investor shall be consulted by the Company in connection with any such press release or other public disclosure prior to its release and, in the case of clause (ii) the Company shall be consulted by such Holders in connection with the filing of such amendments to statements on Schedule 13Drelease). Without the prior written consent of the applicable Holder Investor (which may be granted or withheld in such Holderthe Investor’s sole discretion), except as required by applicable law or regulation, the Company shall not (and shall cause each of its Subsidiaries and affiliates to not) disclose the name of such Holder the Investor in any filing, announcement, release or otherwise. Notwithstanding anything contained in this Agreement to the contrary and without implication that the contrary would otherwise be true, the Company expressly acknowledges and agrees that no Holder the Investor shall not have (unless expressly agreed to by a particular Holder the Investor after the date hereof in a written definitive and binding agreement executed by the Company and such particular Holder (it being understood and agreed that no Holder may bind any other Holder with respect thereto)), the Investor) any duty of confidentiality with respect to, or a duty not to trade on the basis of, any material, nonpublic non-public information regarding the Company or any of its Subsidiaries.

Limitations on Disclosure. The Company shall not, and the Company shall cause each of its Subsidiaries and each of its and their respective officers, directors, employees and agents not to, provide any Holder Buyer with any material, non-public information regarding the Company or any of its Subsidiaries from and after the date hereof without the express prior written consent of such Holder Buyer (which may be granted or withheld in such HolderB▇▇▇▇’s sole discretion). Notwithstanding that In the Company event of a breach of any of the foregoing covenants, including, without limitation, Section 4(o) of this Agreement, or any of the covenants or agreements contained in any other Transaction Document, by the Company, any of its Subsidiaries, or any of its or their respective officers, directors, employees and each Holder have acknowledged and agreed that agents (as determined in the Company has not reasonable good faith judgment of such Buyer), in addition to any other remedy provided any information to herein or in the Holders that shall constitute material non-public information following the 8-K FilingTransaction Documents, the Company and each Holder hereby acknowledge and agree that the Company has provided other confidential information shall make commercially reasonable efforts to each Holder and each Holder agrees that, although such Holder may trade on the basis of such information, such Holder may not promptly disclose such information publicly or to any third party without the Company’s prior publicly, provided that, following written consent, which consent may be withheld at the Company’s sole discretion. To the extent that the Company delivers any material, non-public information to a Holder without notice from such Holder’s consentBuyer, the Company hereby covenants and agrees shall pay to such Buyer an amount equal to 1% of the Stated Value of the Preference Shares then held by such Buyer for each day that such Holder shall disclosure has not have any duty of confidentiality with respect tobeen made. Subject to the foregoing, or a duty not to trade on the basis of, such material, non-public information. Neither neither the Company, its Subsidiaries nor any Holder Buyer shall issue any press releases or any other public statements or disclosures with respect to the transactions contemplated hereby; provided, however, (i) the Company shall be entitled, without the prior approval of any HolderBuyer, to make the Press Release and any press release or other public disclosure with respect to such transactions (i) in substantial conformity with the 8Initial Disclosure Filing and/or any Subsequent 6-K Filing and contemporaneously therewith, therewith and (ii) the Holders shall be entitled, without the prior approval of the Company, to file one or more amendments to statements on Schedule 13D pursuant to the 1934 Act, and (iii) each party shall be entitled, without the prior approval of any other party, to make such disclosures as are otherwise is required by applicable law and regulations (provided that in the case of clause (i) each Holder Buyer shall be consulted by the Company in connection with any such press release or other public disclosure prior to its release and, in the case of clause (ii) the Company shall be consulted by such Holders in connection with the filing of such amendments to statements on Schedule 13Drelease). Without the prior written consent of the applicable Holder Buyer (which may be granted or withheld in such HolderBuyer’s sole discretion), except as required by applicable law or regulation, the Company shall not (and shall cause each of its Subsidiaries and affiliates to not) disclose the name of such Holder Buyer in any filing, announcement, release or otherwise. Notwithstanding anything contained in this Agreement to the contrary and without implication that the contrary would otherwise be true, the Company expressly acknowledges and agrees that no Holder Buyer shall have (unless expressly agreed to by a particular Holder Buyer after the date hereof in a written definitive and binding agreement executed by the Company and such particular Holder Buyer (it being understood and agreed that no Holder Buyer may bind any other Holder Buyer with respect thereto)), any duty of confidentiality with respect to, or a duty not to trade on the basis of, any material, nonpublic non-public information regarding the Company or and/or any of its Subsidiaries.

Limitations on Disclosure. The Other than as required under the Transaction Documents (but subject to any other disclosure obligations of the Company with respect thereto), the Company shall not, and the Company shall cause each of its Subsidiaries and each of its and their respective officers, directors, employees and agents not to, provide any Holder the Buyer with any material, non-public information regarding the Company or any of its Subsidiaries from and after the date hereof without unless prior thereto the express prior written consent Buyer shall have consented in writing to the receipt of such Holder (which may be granted or withheld in such Holder’s sole discretion). Notwithstanding that information and agreed with the Company and each Holder have acknowledged and agreed that the Company has not provided to keep such information confidential. If any information to the Holders that shall constitute material material, non-public information following is required to be provided by the 8-K FilingCompany or any of its Subsidiaries to the Buyer pursuant to the Transaction Documents, the Company and each Holder hereby acknowledge and agree that shall obtain the Company has provided other confidential information to each Holder and each Holder agrees that, although such Holder may trade on the basis of such information, such Holder may not disclose such information publicly or to any third party without the CompanyBuyer’s prior written consent prior to providing such information to the Buyer, and if the Buyer fails to provide such written consent, which consent may the Company shall not be withheld at deemed to be in breach of any of the Company’s sole discretionTransaction Documents as a result of the failure to provide such information. To the extent that the Company delivers any material, non-public information to a Holder the Buyer without such Holderthe Buyer’s consentprior written consent in breach of the foregoing sentence, the Company hereby covenants and agrees that such Holder the Buyer shall not have any duty of confidentiality with respect to, or a duty not to trade on the basis of, such material, non-public information, provided that the Buyer shall remain subject to applicable law. Neither Subject to the foregoing, neither the Company, its Subsidiaries nor any Holder the Buyer shall issue any press releases or any other public statements or disclosures with respect to the transactions contemplated hereby, except the Press Release; provided, however, (i) the Company shall be entitled, without the prior approval of any Holderthe Buyer, to make the Press Release and any press release or other public disclosure with respect to such transactions (i) in substantial conformity with the 8-K Filing and contemporaneously therewith, (ii) the Holders shall be entitled, without the prior approval of the Company, to file one or more amendments to statements on Schedule 13D pursuant to the 1934 Act, and (iii) each party shall be entitled, without the prior approval of any other party, to make such disclosures as are otherwise is required by applicable law and regulations (provided that in the case of clause (i) each Holder above, the Buyer shall be consulted by the Company in connection with any such press release or other public disclosure prior to its release and, in the case of clause (ii) the Company shall be consulted by such Holders in connection with the filing of such amendments to statements on Schedule 13Drelease). Without the prior written consent of the applicable Holder Buyer (which may be granted or withheld in such Holderthe Buyer’s sole discretion), except as required by applicable law or regulation, the Company shall not (and shall cause each of its Subsidiaries and affiliates to not) disclose the name of such Holder the Buyer in any filing, announcement, release or otherwise, except in the 8-K Filing and as otherwise may be required by applicable law or regulations. Notwithstanding anything contained in this Agreement to the contrary and without implication that the contrary would otherwise be true, the Company expressly acknowledges and agrees that no Holder the Buyer shall not have (unless expressly agreed to by a particular Holder the Buyer after the date hereof in a written definitive and binding agreement executed by the Company and such particular Holder (it being understood and agreed that no Holder may bind any other Holder with respect thereto)the Buyer), any duty of confidentiality with respect to, or a duty not to trade on the basis of, any material, nonpublic non-public information regarding the Company or any of its Subsidiaries.

Limitations on Disclosure. The Company shall not, and the Company shall cause each of its Subsidiaries and each of its and their respective officers, directors, employees and agents not to, provide any Holder Buyer with any material, non-public information regarding the Company or any of its Subsidiaries from and after the date hereof Subscription Date without the express prior written consent of such Holder Buyer (which may be granted or withheld in such HolderB▇▇▇▇’s sole discretion). Notwithstanding that In the Company event of a breach of this Section 4(i) by the Company, or any of its officers, directors, employees and each Holder agents (as determined in the reasonable good faith judgment of such Buyer), in addition to any other remedy provided herein or in the Transaction Documents, such Buyer shall have acknowledged and agreed that the Company has not provided any information right to make a public disclosure, in the Holders that shall constitute material form of a press release, public advertisement or otherwise, of such breach or such material, non-public information following the 8-K Filing, the Company and each Holder hereby acknowledge and agree that the Company has provided other confidential information to each Holder and each Holder agrees that, although such Holder may trade on the basis of such information, such Holder may not disclose such information publicly or to any third party as applicable, without the Company’s prior written consent, which consent may be withheld at approval by the Company’s sole discretion, or any of its officers, directors, employees or agents. No Buyer shall have any liability to the Company, or any of its officers, directors, employees, affiliates, stockholders or agents, for any such disclosure. To the extent that the Company delivers any material, non-public information to a Holder Buyer without such HolderB▇▇▇▇’s consent, the Company hereby covenants and agrees that such Holder Buyer shall not have any duty of confidentiality with respect to, or a duty not to trade on the basis of, such material, non-public information. Neither Subject to the Companyforegoing, its Subsidiaries neither the Company nor any Holder Buyer shall issue any press releases or any other public statements or disclosures with respect to the transactions contemplated hereby; provided, however, (i) the Company shall be entitled, without the prior approval of any HolderBuyer, to make issue the Press Release and any press release or other public disclosure with respect to such transactions (A) in substantial conformity with the 8-K Filing and contemporaneously therewith, (ii) the Holders shall be entitled, without the prior approval of the Company, to file one or more amendments to statements on Schedule 13D pursuant to the 1934 Act, and (iiiB) each party shall be entitled, without the prior approval of any other party, to make such disclosures as are otherwise is required by applicable law and regulations (provided that in the case of clause (iA) each Holder Buyer shall be consulted by the Company in connection with any such press release or other public disclosure prior to its release and, in the case of clause (ii) the Company shall be consulted by such Holders in connection with the filing of such amendments to statements on Schedule 13Drelease). Without the prior written consent of the applicable Holder Buyer (which may be granted or withheld in such HolderBuyer’s sole discretion), except as required by applicable law or regulation, the Company shall not (and shall cause each of its Subsidiaries and affiliates Affiliates to not) disclose the name of such Holder Buyer in any filing, announcement, release or otherwise. Notwithstanding anything contained in this Agreement to the contrary and without implication that the contrary would otherwise be true, the Company expressly acknowledges and agrees that no Holder Buyer shall have (unless expressly agreed to by a particular Holder Buyer after the date hereof Subscription Date in a written definitive and binding agreement executed by the Company and such particular Holder Buyer (it being understood and agreed that no Holder Buyer may bind any other Holder Buyer with respect thereto)), any duty of confidentiality with respect to, or a duty not to trade on the basis of, any material, nonpublic non-public information regarding the Company or any of its SubsidiariesCompany.

Limitations on Disclosure. The Company shall not, and the Company shall cause each of its Subsidiaries and each of its and their respective officers, directors, employees and agents not to, provide any Holder the Buyer with any material, non-public information regarding the Company or any of its Subsidiaries from and after the date hereof issuance of the Press Release without the express prior written consent of such Holder the Buyer (which may be granted or withheld in such Holderthe Buyer’s sole discretion). Notwithstanding that the Company and each Holder have acknowledged and agreed that the Company has not provided any information to the Holders that shall constitute material non-public information following the 8-K Filing, the Company and each Holder hereby acknowledge and agree that the Company has provided other confidential information to each Holder and each Holder agrees that, although such Holder may trade on the basis of such information, such Holder may not disclose such information publicly or to any third party without the Company’s prior written consent, which consent may be withheld at the Company’s sole discretion. To the extent that the Company delivers any material, non-public information to a Holder any of the Buyer without such Holderthe Buyer’s consent, the Company hereby covenants and agrees that such Holder Buyer shall not have any duty of confidentiality with respect to, or a duty to the Company not to trade on the basis of, such material, non-public information. Neither Subject to the Companyforegoing, neither the Company nor any of its Subsidiaries nor any Holder shall issue any press releases or any other public statements or disclosures with respect to the transactions contemplated hereby; provided, however, (i) the Company shall be entitled, without the prior approval of any Holderthe Buyer, to make the Press Release and issue any press release or other public disclosure with respect to such transactions (i) in substantial conformity with the 8-K Filing and contemporaneously therewith, therewith and (ii) the Holders shall be entitled, without the prior approval of the Company, to file one or more amendments to statements on Schedule 13D pursuant to the 1934 Act, and (iii) each party shall be entitled, without the prior approval of any other party, to make such disclosures as are otherwise is required by applicable law and regulations (provided that in the case of clause (i) each Holder ), the Buyer shall be consulted by the Company in connection with any such press release or other public disclosure prior to its release and, in the case of clause (ii) the Company shall be consulted by such Holders in connection with the filing of such amendments to statements on Schedule 13Drelease). Without the prior written consent of the applicable Holder Buyer (which may be granted or withheld in such Holderthe Buyer’s sole discretion), except as required by applicable law or regulation, the Company shall not (and shall cause each of its Subsidiaries and affiliates to not) disclose the name of such Holder the Buyer in any filing, announcement, release or otherwise; provided, however, the Company shall be entitled, without the prior approval of the Buyer, to issue any press release or other public disclosure with respect to such transactions (i) in substantial conformity with the 8-K Filing and contemporaneously therewith and (ii) as is required by applicable law and regulations (provided that in the case of clause (i), the Buyer shall be consulted by the Company in connection with any such press release or other public disclosure prior to its release). Notwithstanding anything contained in this Agreement to the contrary and without implication that the contrary would otherwise be true, the Company expressly acknowledges and agrees that no Holder the Buyer shall not have (unless expressly agreed to by a particular Holder the Buyer after the date hereof in a written definitive and binding agreement executed by the Company and such particular Holder (it being understood and agreed that no Holder may bind any other Holder with respect thereto)), the Buyer) any duty of confidentiality with respect to, or a duty not to trade on the basis of, any material, nonpublic non-public information regarding the Company or any of its Subsidiaries.

Limitations on Disclosure. The Company shall not, and the Company shall cause each of its Subsidiaries and each of its and their respective officers, directors, employees and agents not to, knowingly provide any Holder the Buyer with any material, non-public information regarding the Company or any of its Subsidiaries from and after the date hereof without the express prior written consent of such Holder the Buyer (which may be granted or withheld in such Holderthe Buyer’s sole discretion). Notwithstanding that the Company and each Holder have acknowledged and agreed that the Company has not provided any information to the Holders that shall constitute material non-public information following the 8-K Filing, the Company and each Holder hereby acknowledge and agree that the Company has provided other confidential information to each Holder and each Holder agrees that, although such Holder may trade on the basis of such information, such Holder may not disclose such information publicly or to any third party without the Company’s prior written consent, which consent may be withheld at the Company’s sole discretion. To the extent that the Company delivers any material, non-public information to a Holder the Buyer without such Holderthe Buyer’s consent, the Company hereby covenants and agrees that such Holder the Buyer shall not have any duty of confidentiality with respect to, or a duty not to trade on the basis of, such material, non-public information. Neither Subject to the foregoing, neither the Company, its Subsidiaries nor any Holder the Buyer shall issue any press releases or any other public statements or disclosures with respect to the transactions contemplated hereby; provided, however, (i) the Company shall be entitled, without the prior approval of any Holderthe Buyer, to make the Press Release and any press release or other public disclosure with respect to such transactions (i) in substantial conformity with the 8-K Filing and contemporaneously therewith, therewith and (ii) the Holders shall be entitled, without the prior approval of the Company, to file one or more amendments to statements on Schedule 13D pursuant to the 1934 Act, and (iii) each party shall be entitled, without the prior approval of any other party, to make such disclosures as are otherwise is required by applicable law and regulations (provided that in the case of clause (i) each Holder the Buyer shall be consulted by the Company in connection with any such press release or other public disclosure prior to its release and, in the case of clause (ii) the Company shall be consulted by such Holders in connection with the filing of such amendments to statements on Schedule 13Drelease). Without the prior written consent of the applicable Holder Buyer (which may be granted or withheld in such Holderthe Buyer’s sole discretion), except as required by applicable law or regulation, the Company shall not (and shall cause each of its Subsidiaries and affiliates directors, officers and agents to not) disclose the name of such Holder the Buyer in any filing, announcement, release or otherwise, except as required by applicable law or regulation. Notwithstanding anything contained in this Agreement to the contrary and without implication that the contrary would otherwise be true, the Company expressly acknowledges and agrees that no Holder Buyer shall have (unless expressly agreed to by a particular Holder Buyer after the date hereof in a written definitive and binding agreement executed by the Company and such particular Holder Buyer (it being understood and agreed that no Holder Buyer may bind any other Holder Buyer with respect thereto)), any duty of confidentiality with respect to, or a duty not to trade on the basis of, any material, nonpublic non-public information regarding the Company or any of its Subsidiaries.

Limitations on Disclosure. The Other than as required under the Transaction Documents (but subject to any other disclosure obligations of the Company with respect thereto), the Company shall not, and the Company shall cause each of its Subsidiaries and each of its and their respective officers, directors, employees and agents not to, provide Collateral Agent or any Holder with any material, non-public information regarding the Company or any of its Subsidiaries Affiliates from and after the date hereof without Initial Closing Date unless prior thereto Collateral Agent and/or such Holder shall have consented in writing to the express prior written consent receipt of such Holder (which may be granted or withheld in such Holder’s sole discretion). Notwithstanding that information and agreed with the Company and each Holder have acknowledged and agreed that the Company has not provided any information to the Holders that shall constitute material non-public information following the 8-K Filing, the Company and each Holder hereby acknowledge and agree that the Company has provided other confidential information to each Holder and each Holder agrees that, although such Holder may trade on the basis of such information, such Holder may not disclose keep such information publicly or to any third party without the Company’s prior written consent, which consent may be withheld at the Company’s sole discretionconfidential. To the extent that the Company delivers any material, non-public information to a Holder without Collateral Agent’s or such Holder▇▇▇▇▇▇’s consentprior written consent or confidentiality agreement, the Company hereby covenants and agrees that such that, except as required by applicable law, neither Collateral Agent nor any Holder shall not have any duty of confidentiality with respect to, or a duty not to trade on the basis of, such material, non-public information. Neither None of the CompanyCompany or its Subsidiaries, its Subsidiaries Collateral Agent, nor any Holder shall issue any press releases or any other public statements or disclosures with respect to the transactions contemplated hereby; provided, however, (i) the Company shall be entitled, without the prior approval of any Holder, entitled to make the Press Release and any a press release or other public disclosure with respect to such transactions with Collateral Agent’s prior written consent (which consent shall not be unreasonably withheld, conditioned, or delayed) (A) in substantial conformity with the 8-K Filing and contemporaneously therewith, (ii) the Holders shall be entitled, without the prior approval of the Company, to file one or more amendments to statements on Schedule 13D pursuant to the 1934 Act, therewith and (iiiB) each party shall be entitled, without the prior approval of any other party, to make such disclosures as are otherwise is required by applicable law and regulations (provided that in the case of clause (i) each Holder shall be consulted by the Company in connection with any such press release or other public disclosure prior to its release and, in the case of clause (ii) the Company shall be consulted by such Holders in connection with the filing of such amendments to statements on Schedule 13D)regulations. Without the prior written consent of the applicable a Holder (which may be granted or withheld in such Holder▇▇▇▇▇▇’s sole discretion), except as required by applicable law or regulation, the Company shall not (and shall cause each of its Subsidiaries and affiliates Affiliates to not) disclose the name of such Holder in any filing, announcement, release or otherwise. Notwithstanding anything contained , except in this Agreement to the contrary 8-K Filing and without implication that as otherwise in accordance with the contrary would otherwise be true, the Company expressly acknowledges and agrees that no Holder shall have (unless expressly agreed to by a particular Holder after the date hereof in a written definitive and binding agreement executed by the Company and such particular Holder (it being understood and agreed that no Holder may bind any other Holder with respect thereto)), any duty Requirements of confidentiality with respect to, or a duty not to trade on the basis of, any material, nonpublic information regarding the Company or any of its SubsidiariesLaw.

Limitations on Disclosure. The Company shall not, and the Company shall cause each of its Subsidiaries and each of its and their respective officers, directors, employees and agents not to, provide any Holder Buyer with any material, non-public information regarding the Company or any of its Subsidiaries from and after the date hereof without the express prior written consent of such Holder Buyer (which may be granted or withheld in such HolderBuyer’s sole discretion). Notwithstanding that In the event of a breach of any of this subsection (ii), by the Company, any of its Subsidiaries, or any of its or their respective officers, directors, employees and agents (as determined in the reasonable good faith judgment of such Buyer), in addition to any other remedy provided herein or in the Transaction Documents, upon such Buyer’s notification of breach, the Company and each Holder have acknowledged and agreed that shall make a public disclosure, in the Company has not provided any information to the Holders that shall constitute material non-form of a press release, public information following the advertisement, Form 8-K Filingor otherwise, the Company and each Holder hereby acknowledge and agree that the Company has provided other confidential information to each Holder and each Holder agrees that, although such Holder may trade on the basis of such information, such Holder may not disclose such information publicly or to any third party without the Company’s prior written consent, which consent may be withheld at the Company’s sole discretion. To the extent that the Company delivers any material, non-public information as soon as practicable, but in no event later than one Trading Day after a Buyer’s notification. Subject to a Holder without such Holder’s consentthe foregoing, the Company hereby covenants and agrees that such Holder shall not have any duty of confidentiality with respect to, or a duty not to trade on the basis of, such material, non-public information. Neither neither the Company, its Subsidiaries nor any Holder Buyer shall issue any press releases or any other public statements or disclosures with respect to the transactions contemplated hereby; provided, however, (i) the Company shall be entitled, without the prior approval of any HolderBuyer, to make the Press Release and any press release or other public disclosure with respect to such transactions (i) in substantial conformity with the 8-K Filing and contemporaneously therewith, therewith and (ii) the Holders shall be entitled, without the prior approval of the Company, to file one or more amendments to statements on Schedule 13D pursuant to the 1934 Act, and (iii) each party shall be entitled, without the prior approval of any other party, to make such disclosures as are otherwise is required by applicable law and regulations (provided that in the case of clause (i) each Holder Buyer shall be consulted by the Company in connection with any such press release or other public disclosure prior to its release and, in the case of clause (ii) the Company shall be consulted by such Holders in connection with the filing of such amendments to statements on Schedule 13Drelease). Without the prior written consent of the applicable Holder Buyer (which may be granted or withheld in such HolderBuyer’s sole discretion), except as required by applicable law or regulation, the Company shall not (and shall cause each of its Subsidiaries and affiliates to not) disclose the name of such Holder Buyer in any filing, announcement, release or otherwise. Notwithstanding anything contained in this Agreement to the contrary and without implication that the contrary would otherwise be true, the Company expressly acknowledges and agrees that no Holder Buyer shall have (unless expressly agreed to by a particular Holder Buyer after the date hereof in a written definitive and binding agreement executed by the Company and such particular Holder Buyer (it being understood and agreed that no Holder Buyer may bind any other Holder Buyer with respect thereto)), any duty to the Company, its Subsidiaries or any of their respective officers, directors, employees or agents of confidentiality with respect to, or a duty to the Company, its Subsidiaries or any of their respective officers, directors, employees or agents not to trade on the basis of, any material, nonpublic non-public information regarding the Company or any of its Subsidiaries.

Limitations on Disclosure. The Other than as required under the Transaction Documents (but subject to any other disclosure obligations of the Company with respect thereto), the Company shall not, and the Company shall cause each of its Subsidiaries and each of its and their respective officers, directors, employees and agents not to, provide any Holder Purchaser with any material, non-public information regarding the Company or any of its Subsidiaries from and after the date hereof without unless prior thereto such Purchaser shall have consented in writing to the express prior written consent receipt of such Holder (which may be granted or withheld in such Holder’s sole discretion). Notwithstanding that information and agreed with the Company and each Holder have acknowledged and agreed that the Company has not provided to keep such information confidential. If any information to the Holders that shall constitute material material, non-public information following is required to be provided by the 8-K FilingCompany or any of its Subsidiaries to such Purchaser pursuant to the Transaction Documents, the Company and each Holder hereby acknowledge and agree that the Company has provided other confidential information to each Holder and each Holder agrees that, although shall obtain such Holder may trade on the basis of such information, such Holder may not disclose such information publicly or to any third party without the CompanyPurchaser’s prior written consent prior to providing such information to such Purchaser, and if such Purchaser fails to provide such written consent, which consent may the Company shall not be withheld at deemed to be in breach of any of the Company’s sole discretionTransaction Documents as a result of the failure to provide such information. To the extent that the Company delivers any material, non-public information to a Holder Purchaser without such HolderPurchaser’s consentprior written consent in breach of the foregoing sentence, the Company hereby covenants and agrees that such Holder Purchaser shall not have any duty of confidentiality with respect to, or a duty not to trade on the basis of, such material, non-public information, provided that such Purchaser shall remain subject to applicable law. Neither Subject to the foregoing, neither the Company, its Subsidiaries nor any Holder such Purchaser shall issue any press releases or any other public statements or disclosures with respect to the transactions contemplated hereby; provided, however, (i) the Company shall be entitled, without the prior approval of any Holdersuch Purchaser, to make the Press Release and any press release or other public disclosure with respect to such transactions (i) in substantial conformity with the 8-K Filing and contemporaneously therewith, (ii) the Holders shall be entitled, without the prior approval of the Company, to file one or more amendments to statements on Schedule 13D pursuant to the 1934 Act, and (iii) each party shall be entitled, without the prior approval of any other party, to make such disclosures as are otherwise is required by applicable law and regulations (provided that in the case of clause (i) each Holder above, such Purchaser shall be consulted by the Company in connection with any such press release or other public disclosure prior to its release and, in the case of clause (ii) the Company shall be consulted by such Holders in connection with the filing of such amendments to statements on Schedule 13Drelease). Without the prior written consent of the applicable Holder such Purchaser (which may be granted or withheld in such HolderPurchaser’s sole discretion), except as required by applicable law or regulation, the Company shall not (and shall cause each of its Subsidiaries and affiliates to not) disclose the name of such Holder Purchaser in any filing, announcement, release or otherwise, except in the 8-K Filing and as otherwise may be required by applicable law or regulations. Notwithstanding anything contained in this Agreement to the contrary and without implication that the contrary would otherwise be true, the Company expressly acknowledges and agrees that no Holder such Purchaser shall not have (unless expressly agreed to by a particular Holder such Purchaser after the date hereof in a written definitive and binding agreement executed by the Company and such particular Holder (it being understood and agreed that no Holder may bind any other Holder with respect thereto)Purchaser), any duty of confidentiality with respect to, or a duty not to trade on the basis of, any material, nonpublic non-public information regarding the Company or any of its Subsidiaries, provide that such Purchaser shall remain subject to applicable law.

Limitations on Disclosure. The Company shall not, and the Company shall cause each of its Subsidiaries and each of its and their respective officers, directors, employees and agents not to, provide any Holder Buyer with any material, non-public information regarding the Company or any of its Subsidiaries from and after the date hereof without first obtaining the express prior written consent of such Holder Buyer (which may be granted or withheld in such Holder’s Buyer's sole discretion). Notwithstanding that the Company and each Holder have acknowledged and agreed that the Company has not provided any information to the Holders that shall constitute material non-public information following the 8-K Filing, the Company and each Holder hereby acknowledge and agree that the Company has provided other confidential information to each Holder and each Holder agrees that, although such Holder may trade on the basis of such information, such Holder may not disclose such information publicly or to any third party without the Company’s prior written consent, which consent may be withheld at the Company’s sole discretion. To the extent that the Company delivers any material, non-public information to a Holder Buyer without such Holder▇▇▇▇▇’s consent, the Company hereby covenants and agrees that such Holder Buyer shall not have any duty of confidentiality with respect to, or a duty not to trade on the basis of, such material, non-public information. Neither Subject to the foregoing, neither the Company, its Subsidiaries nor any Holder Buyer shall issue any press releases or any other public statements or disclosures with respect to the transactions contemplated hereby; provided, however, (i) the Company shall be entitled, without the prior approval of any HolderBuyer, to make the Press Release and any press release or other public disclosure with respect to such transactions (i) in substantial conformity with the 8-K Filing Current Report and contemporaneously therewith, therewith and (ii) the Holders shall be entitled, without the prior approval of the Company, to file one or more amendments to statements on Schedule 13D pursuant to the 1934 Act, and (iii) each party shall be entitled, without the prior approval of any other party, to make such disclosures as are otherwise is required by applicable law and regulations (provided that in the case of clause (i) each Holder Buyer shall be consulted by the Company in connection with any such press release or other public disclosure prior to its release and, release). Except with respect to the matters described in the case Transaction Agreements, including the name of clause (ii) the Company shall be consulted by such Holders in connection with Buyers as set forth therein, and events that have occurred pursuant to the filing terms of such amendments to statements on Schedule 13D). Without the Transaction Agreements, without the prior written consent of the applicable Holder Buyer (which may be granted or withheld in such HolderBuyer’s sole discretion), except as required by applicable law or regulation, the Company shall not (and shall cause each of its Subsidiaries and affiliates to not) disclose the name of such Holder Buyer in any filing, announcement, release or otherwise. Notwithstanding anything contained in this Agreement to the contrary and without implication that the contrary would otherwise be true, the Company expressly acknowledges and agrees that no Holder Buyer shall have (unless expressly agreed to by a particular Holder Buyer after the date hereof in a written definitive and binding agreement executed by the Company and such particular Holder Buyer (it being understood and agreed that no Holder Buyer may bind any other Holder Buyer with respect thereto)), any duty of confidentiality with respect to, or a duty not to trade on the basis of, any material, nonpublic non-public information regarding the Company or any of its Subsidiaries.

Limitations on Disclosure. The Company shall not, and the Company shall cause each of its Subsidiaries and each of its and their respective officers, directors, employees and agents not to, provide any Holder Buyer with any material, non-public information regarding the Company or any of its Subsidiaries from and after the date hereof without the express prior written consent of such Holder Buyer (which may be granted or withheld in such HolderBuyer’s sole discretion). Notwithstanding that the Company and each Holder have acknowledged and agreed that the Company has not provided any information to the Holders that shall constitute material non-public information following the 8-K Filing, the Company and each Holder hereby acknowledge and agree that the Company has provided other confidential information to each Holder and each Holder agrees that, although such Holder may trade on the basis of such information, such Holder may not disclose such information publicly or to any third party without the Company’s prior written consent, which consent may be withheld at the Company’s sole discretion. To the extent that the Company delivers any material, non-public information to a Holder Buyer without such HolderBuyer’s consent, the Company hereby covenants and agrees that such Holder Buyer shall not have any duty of confidentiality with respect to, or a duty not to trade on the basis of, such material, non-public information. Neither Subject to the foregoing, neither the Company, its Subsidiaries nor any Holder Buyer shall issue any press releases or any other public statements or disclosures with respect to the transactions contemplated hereby; provided, however, (i) the Company shall be entitled, without the prior approval of any HolderBuyer, to make the Press Release and any press release or other public disclosure with respect to such transactions (i) in substantial conformity with the 8-K Filing and contemporaneously therewith, (ii) the Holders shall be entitled, without the prior approval of the Company, to file one or more amendments to statements on Schedule 13D pursuant to the 1934 Act, and (iii) each party shall be entitled, without the prior approval of any other party, to make such disclosures as are otherwise is required by applicable law and regulations (provided that in the case of clause (i) each Holder shall be consulted by the Company in connection with any such press release or other public disclosure prior to its release and, in the case of clause (ii) the Company shall be consulted by such Holders in connection with the filing of such amendments to statements on Schedule 13D)regulations. Without the prior written consent of the applicable Holder Buyer (which may be granted or withheld in such HolderBuyer’s sole discretion), except as required by applicable law or regulation, the Company shall not (and shall cause each of its Subsidiaries and affiliates to not) disclose the name of such Holder Buyer in any filing, announcement, release or otherwise, except as required by applicable law or regulation. Notwithstanding anything contained in this Agreement to the contrary and without implication that the contrary would otherwise be true, the Company expressly acknowledges and agrees that from the filing of the 8-K Filing, no Holder Buyer shall have (unless expressly agreed to by a particular Holder such Buyer after the date hereof in a written definitive and binding agreement executed by the Company and such particular Holder (it being understood and agreed that no Holder may bind any other Holder with respect thereto)), Buyer) any duty of confidentiality with respect to, or a duty not to trade on the basis of, any material, nonpublic non-public information regarding the Company or any of its Subsidiaries.

Limitations on Disclosure. The Company shall not, and the Company shall cause each of its Subsidiaries and affiliates and each of its and their respective officers, directors, employees managers, employees, representatives and agents not to, provide any Holder with any material, non-public information regarding the Company or any of its Subsidiaries from and after the date hereof of the 6-K Filing without the express prior written consent of such Holder (which may be granted or withheld in such Holder’s sole discretion). Notwithstanding that the Company and each Holder have acknowledged and agreed that the Company has not provided any information to the Holders that shall constitute material non-public information following the 8-K Filing, the Company and each Holder hereby acknowledge and agree that the Company has provided other confidential information to each Holder and each Holder agrees that, although such Holder may trade on the basis of such information, such Holder may not disclose such information publicly or to any third party without the Company’s prior written consent, which consent may be withheld at the Company’s sole discretion. To the extent that the Company delivers or allows to be delivered any material, non-public information to a Holder without such Holder▇▇▇▇▇▇’s consent, the Company hereby covenants and agrees that such Holder shall not have any duty of confidentiality with respect to, or a duty not to trade on the basis of, such material, non-public information. Neither Subject to the foregoing, neither the Company, its Subsidiaries nor any Holder shall issue any press releases or any other public statements or disclosures with respect to the transactions contemplated hereby; provided, however, (i) the Company shall be entitled, without the prior approval of any Holder, to make the Press Release and any press release or other public disclosure with respect to such transactions (i) in substantial conformity with the 86-K Filing and contemporaneously therewith, therewith and (ii) the Holders shall be entitled, without the prior approval of the Company, to file one or more amendments to statements on Schedule 13D pursuant to the 1934 Act, and (iii) each party shall be entitled, without the prior approval of any other party, to make such disclosures as are otherwise is required by applicable law and regulations (provided that in the case of clause (i) each Holder shall be consulted by the Company in connection with any such press release or other public disclosure prior to its release and, in the case of clause (ii) the Company shall be consulted by such Holders in connection with the filing of such amendments to statements on Schedule 13D)regulations. Without the prior written consent of the applicable Holder (which may be granted or withheld in such Holder▇▇▇▇▇▇’s sole discretion), except as required by applicable law or regulation, the Company shall not (and shall cause each of its Subsidiaries and affiliates to not) disclose the name of such Holder in any filing, announcement, release or otherwise. Notwithstanding anything contained in this Agreement to the contrary and without implication that the contrary would otherwise be true, the Company expressly acknowledges and agrees that no Holder shall have (unless expressly agreed to by a particular Holder after the date hereof in a written definitive and binding agreement executed by the Company and such particular Holder (it being understood and agreed that no Holder may bind any other Holder with respect thereto)), any duty of confidentiality with respect to, or a duty not to trade on the basis of, any material, nonpublic non-public information regarding the Company or any of its Subsidiaries.

Limitations on Disclosure. The Company shall not, and the Company shall cause each any of its Subsidiaries and each of its and their respective officers, directors, employees and agents not to, to provide any Holder Buyer with any material, non-public information regarding the Company or any of its Subsidiaries from and after the date hereof without the express prior written consent of such Holder Buyer (which may be granted or withheld in such HolderBuyer’s sole discretion). Notwithstanding that Buyer shall have the Company and each Holder have acknowledged and agreed that right to make a public disclosure, in the Company has not provided any information to the Holders that shall constitute material form of a press release, public advertisement or otherwise, of such material, non-public information following the 8-K Filing, the Company and each Holder hereby acknowledge and agree that the Company has provided other confidential information to each Holder and each Holder agrees that, although such Holder may trade on the basis of such information, such Holder may not disclose such information publicly or to any third party without after obtaining written approval by the Company’s prior written consent, which consent may approval shall not be withheld at unreasonably withheld. Buyer shall not have any liability to the Company’s sole discretion, any of its Subsidiaries, or any of its or their respective officers, directors, employees, stockholders or agents, for any such disclosure. To the extent that the Company delivers any material, non-public information to a Holder Buyer without such HolderBuyer’s consent, the Company hereby covenants and agrees that such Holder Buyer shall not have any duty of confidentiality with respect to, or a duty not to trade on the basis of, such material, non-public information. Neither Subject to the foregoing, neither the Company, its Subsidiaries nor any Holder Buyer shall issue any press releases or any other public statements or disclosures with respect to the transactions contemplated hereby; provided, however, (i) the Company shall be entitled, without the prior approval of any HolderBuyer, to make the Press Release and any press release or other public disclosure with respect to such transactions (i) in substantial conformity with the 8-K Filing and contemporaneously therewith, therewith and (ii) the Holders shall be entitled, without the prior approval of the Company, to file one or more amendments to statements on Schedule 13D pursuant to the 1934 Act, and (iii) each party shall be entitled, without the prior approval of any other party, to make such disclosures as are otherwise is required by applicable law and regulations (provided that in the case of clause (i) each Holder Buyer shall be consulted by the Company in connection with any such press release or other public disclosure prior to its release and, in the case of clause (ii) the Company shall be consulted by such Holders in connection with the filing of such amendments to statements on Schedule 13Drelease). Without the prior written consent of the applicable Holder Buyer (which may be granted or withheld in such HolderBuyer’s sole discretion), except as required by applicable law or regulation, the Company shall not (and shall cause each of its Subsidiaries and affiliates to not) disclose the name of such Holder Buyer in any filing, announcement, release or otherwise, except as such disclosure may be required by applicable law including, without limitation, in the 8-K filing and in one or more registration statements filed pursuant hereto in order to identify the Buyer as a selling stockholder. Notwithstanding anything contained in this Agreement to the contrary and without implication that the contrary would otherwise be true, the Company expressly acknowledges and agrees that no Holder Buyer has not had, and shall not have (unless expressly agreed to by a particular Holder after the date hereof in a written definitive and binding agreement executed by the Company and such particular Holder (it being understood and agreed that no Holder may bind any other Holder with respect thereto)Buyer), any duty of confidentiality with respect to, or a duty not to trade on the basis of, any material, nonpublic non-public information regarding the Company or any of its Subsidiaries. Buyer further acknowledges that the Company shall not be deemed to violate this Section 4(j) by disclosing the name of Buyer if it beneficially owns more than 4.99% of the Common Stock of the Company in accordance with the disclosure made by such Buyer in any Schedule 13D or Schedule 13G filed by such Buyer with the SEC.

Limitations on Disclosure. The Other than as required under the Transaction Documents (but subject to any other disclosure obligations of the Company with respect thereto), the Company shall not, and the Company shall cause each of its Subsidiaries and each of its and their respective officers, directors, employees and agents not to, provide any Holder Buyer with any material, non-public information regarding the Company or any of its Subsidiaries from and after the date hereof without unless prior thereto such Buyer shall have consented in writing to the express prior written consent receipt of such Holder (which may be granted or withheld in such Holder’s sole discretion). Notwithstanding that information and agreed with the Company and each Holder have acknowledged and agreed that the Company has not provided to keep such information confidential. If any information to the Holders that shall constitute material material, non-public information following is required to be provided by the 8-K FilingCompany or any of its Subsidiaries to any Buyer pursuant to the Transaction Documents, the Company and shall obtain each Holder hereby acknowledge and agree that the Company has provided other confidential information to each Holder and each Holder agrees that, although such Holder may trade on the basis of such information, such Holder may not disclose such information publicly or to any third party without the CompanyBuyer’s prior written consent prior to providing such information to such Buyer, and if any Buyer fails to provide such written consent, which consent may the Company shall not be withheld at deemed to be in breach of any of the Company’s sole discretionTransaction Documents as a result of the failure to provide such information. To the extent that the Company delivers any material, non-public information to a Holder Buyer without such Holder▇▇▇▇▇’s consentprior written consent in breach of the foregoing sentence, the Company hereby covenants and agrees that such Holder Buyer shall not have any duty of confidentiality with respect to, or a duty not to trade on the basis of, such material, non-public information, provided that the Buyer shall remain subject to applicable law. Neither Subject to the foregoing, neither the Company, its Subsidiaries nor any Holder Buyer shall issue any press releases or any other public statements or disclosures with respect to the transactions contemplated hereby, except the Press Release; provided, however, (i) the Company shall be entitled, without the prior approval of any HolderBuyer, to make the Press Release and any press release or other public disclosure with respect to such transactions (i) in substantial conformity with the 8-K Filing and contemporaneously therewith, (ii) the Holders shall be entitled, without the prior approval of the Company, to file one or more amendments to statements on Schedule 13D pursuant to the 1934 Act, and (iii) each party shall be entitled, without the prior approval of any other party, to make such disclosures as are otherwise is required by applicable law and regulations (provided that in the case of clause (i) above, each Holder Buyer shall be consulted by the Company in connection with any such press release or other public disclosure prior to its release and, in the case of clause (ii) the Company shall be consulted by such Holders in connection with the filing of such amendments to statements on Schedule 13Drelease). Without the prior written consent of the applicable Holder Buyer (which may be granted or withheld in such HolderBuyer’s sole discretion), except as required by applicable law or regulation, the Company shall not (and shall cause each of its Subsidiaries and affiliates to not) disclose the name of such Holder Buyer in any filing, announcement, release or otherwise, except in the 8-K Filing and as otherwise may be required by applicable law or regulations. Notwithstanding anything contained in this Agreement to the contrary and without implication that the contrary would otherwise be true, the Company expressly acknowledges and agrees that no Holder Buyer shall have (unless expressly agreed to by a particular Holder Buyer after the date hereof in a written definitive and binding agreement executed by the Company and such particular Holder Buyer (it being understood and agreed that no Holder Buyer may bind any other Holder Buyer with respect thereto)), any duty of confidentiality with respect to, or a duty not to trade on the basis of, any material, nonpublic non-public information regarding the Company or any of its Subsidiaries.

Limitations on Disclosure. The Other than as required under the Transaction Documents (but subject to any other disclosure obligations of the Company with respect thereto), the Company shall not, and the Company shall cause each of its Subsidiaries and each of its and their respective officers, directors, employees and agents not to, provide any Holder anythe initial Buyer with any material, non-public information regarding the Company or any of its Subsidiaries from and after the date hereof without unless prior thereto such Buyer shall have consented in writing to the express prior written consent receipt of such Holder (which may be granted or withheld in such Holder’s sole discretion). Notwithstanding that information and agreed with the Company and each Holder have acknowledged and agreed that the Company has not provided any information to the Holders that shall constitute material non-public information following the 8-K Filing, the Company and each Holder hereby acknowledge and agree that the Company has provided other confidential information to each Holder and each Holder agrees that, although such Holder may trade on the basis of such information, such Holder may not disclose keep such information publicly or to any third party without the Company’s prior written consent, which consent may be withheld at the Company’s sole discretionconfidential. To the extent that the Company delivers any material, non-public information to a Holder athe initial Buyer without such HolderBuyer’s prior written consent, the Company hereby covenants and agrees that such Holder Buyer shall not have any duty of confidentiality with respect to, or a duty not to trade on the basis of, such material, non-public information, provided that thesuch Buyer shall remain subject to applicable law. Neither Subject to the foregoing, neither the Company, its Subsidiaries nor any Holder Buyer shall issue any press releases or any other public statements or disclosures with respect to the transactions contemplated hereby; provided, however, (i) the Company shall be entitled, without the prior approval of any HolderBuyer, to make the Press Release and any press release or other public disclosure with respect to such transactions (i) in substantial conformity with the 8-K Filing and contemporaneously therewith, therewith and (ii) the Holders shall be entitled, without the prior approval of the Company, to file one or more amendments to statements on Schedule 13D pursuant to the 1934 Act, and (iii) each party shall be entitled, without the prior approval of any other party, to make such disclosures as are otherwise is required by applicable law and regulations (provided that in the case of clause (i) each Holder above, the leadinitial Buyer shall be consulted (but shall not have a consent right) by the Company in connection with any such press release or other public disclosure prior to its release and, in the case of clause (ii) the Company shall be consulted by such Holders in connection with the filing of such amendments to statements on Schedule 13Drelease). Without the prior written consent of the applicable Holder Buyer (which may be granted or withheld in such HolderBuyer’s sole discretion), except as required by applicable law or regulation, the Company shall not (and shall cause each of its Subsidiaries and affiliates to not) disclose the name of such Holder Buyer in any filing, announcement, release or otherwise, except in the 8-K filing and as otherwise may be required by applicable law. Notwithstanding anything contained in this Agreement to the contrary and without implication that the contrary would otherwise be true, the Company expressly acknowledges and agrees that no Holder Buyer shall have (unless expressly agreed to by a particular Holder Buyer after the date hereof in a written definitive and binding agreement executed by the Company and such particular Holder Buyer (it being understood and agreed that no Holder Buyer may bind any other Holder Buyer with respect thereto)), any duty of confidentiality with respect to, or a duty not to trade on the basis of, any material, nonpublic non-public information regarding the Company or any of its Subsidiaries.

Limitations on Disclosure. The Other than as required under the Transaction Documents (but subject to any other disclosure obligations of the Company with respect thereto), the Company shall not, and the Company shall cause each of its Subsidiaries and each of its and their respective officers, directors, employees and agents not to, provide any Holder Buyer with any material, non-public information regarding the Company or any of its Subsidiaries from and after the date hereof without unless prior thereto such Buyer shall have consented in writing to the express prior written consent receipt of such Holder (which may be granted or withheld in such Holder’s sole discretion). Notwithstanding that information and agreed with the Company and each Holder have acknowledged and agreed that the Company has not provided to keep such information confidential. If any information to the Holders that shall constitute material material, non-public information following is required to be provided by the 8-K FilingCompany or any of its Subsidiaries to any Buyer pursuant to the Transaction Documents, the Company and shall obtain each Holder hereby acknowledge and agree that the Company has provided other confidential information to each Holder and each Holder agrees that, although such Holder may trade on the basis of such information, such Holder may not disclose such information publicly or to any third party without the CompanyBuyer’s prior written consent prior to providing such information to such Buyer, and if any Buyer fails to provide such written consent, which consent may the Company shall not be withheld at deemed to be in breach of any of the Company’s sole discretionTransaction Documents as a result of the failure to provide such information. To the extent that the Company delivers any material, non-public information to a Holder Buyer without such HolderBuyer’s consentprior written consent in breach of the foregoing sentence, the Company hereby covenants and agrees that such Holder Buyer shall not have any duty of confidentiality with respect to, or a duty not to trade on the basis of, such material, non-public information, provided that the Buyer shall remain subject to applicable law. Neither Subject to the foregoing, neither the Company, its Subsidiaries nor any Holder Buyer shall issue any press releases or any other public statements (by advertisement or disclosures otherwise), submit for publication or otherwise cause or seek to publish any information with respect to the transactions contemplated hereby; provided, however, (i) the Company shall be entitled, without the prior approval of any HolderBuyer, to make the Press Release and any press release or other public disclosure with respect to such transactions (A) in substantial conformity with the 8-K Filing and contemporaneously therewith, (iiB) the Holders shall be entitled, without the prior approval of the Company, to file one or more amendments to statements on Schedule 13D pursuant to the 1934 Act, and (iii) each party shall be entitled, without the prior approval of any other party, to make such disclosures as are otherwise is required by applicable law and regulations (regulations; provided however, that in the case of clause Clause (i) each Holder shall be consulted B), unless specifically prohibited by the Company in connection with any such press release applicable law or other public disclosure prior to its release andcourt order, in the case of clause (ii) the Company shall be consulted by promptly notify the Buyers of the requirement to make such Holders in connection submission or filing and provide the Buyers with the filing of such amendments to statements on Schedule 13D)a copy thereof. Without the prior written consent of the applicable Holder Buyer (which may be granted or withheld in such HolderBuyer’s sole discretion), except as required by applicable law or regulation, the Company shall not (and shall cause each of its Subsidiaries and affiliates to not) disclose the name of such Holder Buyer in any filing, announcement, release release, publication or otherwise, except in the 8-K Filing and as otherwise may be required by applicable law or regulations. Notwithstanding anything contained in this Agreement to the contrary and without implication that the contrary would otherwise be true, the Company expressly acknowledges and agrees that no Holder Buyer shall have (unless expressly agreed to by a particular Holder Buyer after the date hereof in a written definitive and binding agreement executed by the Company and such particular Holder Buyer (it being understood and agreed that no Holder Buyer may bind any other Holder Buyer with respect thereto)), any duty of confidentiality with respect to, or a duty not to trade on the basis of, any material, nonpublic non-public information regarding the Company or any of its Subsidiaries.

Limitations on Disclosure. The Other than as required under the Transaction Documents (but subject to any other disclosure obligations of the Company with respect thereto), the Company and the Guarantors shall not, and the Company and the Guarantors shall cause each of its Subsidiaries and each of its and their respective officers, directors, employees and agents not to, provide any Holder Buyer with any material, non-public information regarding the Company or any of its Subsidiaries from and after the date hereof without unless prior thereto such Buyer shall have consented in writing to the express prior written consent receipt of such Holder (which may be granted or withheld in such Holder’s sole discretion). Notwithstanding that information and agreed with the Company and each Holder have acknowledged and agreed that the Company has not provided any information its Subsidiaries to the Holders that shall constitute material non-public information following the 8-K Filing, the Company and each Holder hereby acknowledge and agree that the Company has provided other confidential information to each Holder and each Holder agrees that, although such Holder may trade on the basis of such information, such Holder may not disclose keep such information publicly or to any third party without the Company’s prior written consent, which consent may be withheld at the Company’s sole discretionconfidential. To the extent that the Company or any of the Guarantors delivers any material, non-public information to a Holder Buyer without such HolderBuyer’s prior written consent, the Company and each Guarantor hereby covenants and agrees that such Holder Buyer shall not have any duty of confidentiality with respect to, or a duty not to trade on the basis of, such material, non-public information, provided that the Buyer shall remain subject to applicable law. Neither Subject to the foregoing, neither the Company, its Subsidiaries any Guarantor nor any Holder Buyer shall issue any press releases or any other public statements or disclosures with respect to the transactions contemplated hereby; hereby; provided, however, (i) the Company shall be entitled, without the prior approval of any HolderBuyer, to make the Press Release and any press release or other public disclosure with respect to such transactions (i) in substantial conformity with the 8-K Filing and contemporaneously therewith, therewith and (ii) the Holders shall be entitled, without the prior approval of the Company, to file one or more amendments to statements on Schedule 13D pursuant to the 1934 Act, and (iii) each party shall be entitled, without the prior approval of any other party, to make such disclosures as are otherwise is required by applicable law and regulations (provided that in the case of clause (i) ), each Holder Buyer shall be consulted by the Company in connection with any such press release or other public disclosure prior to its release and, in the case of clause (ii) the Company shall be consulted by such Holders in connection with the filing of such amendments to statements on Schedule 13Drelease). Without the prior written consent of the applicable Holder Buyer (which may be granted or withheld in such HolderBuyer’s sole discretion), except as required by applicable law or regulation, the Company and the Guarantors shall not (and shall cause each of its Subsidiaries and their respective affiliates to not) disclose the name of such Holder Buyer in any filing, announcement, release or otherwise, except in the 8-K filing and as otherwise may be required by applicable law. Notwithstanding anything contained in this Agreement to the contrary and without implication that the contrary would otherwise be true, the Company and each Guarantor expressly acknowledges and agrees that no Holder Buyer shall have (unless expressly agreed to by a particular Holder Buyer after the date hereof in a written definitive and binding agreement executed by the Company and such particular Holder Buyer (it being understood and agreed that no Holder Buyer may bind any other Holder Buyer with respect thereto)), any duty of confidentiality with respect to, or a duty not to trade on the basis of, any material, nonpublic non-public information regarding the Company or any of its Subsidiaries.

Limitations on Disclosure. The Company shall not, and the Company shall cause each of its Subsidiaries and each of its and their respective officers, directors, employees and agents not to, provide any Holder Buyer with any material, non-public information regarding the Company or any of its Subsidiaries from and after the date hereof without the express prior written consent of such Holder Buyer (which may be granted or withheld in such Holder▇▇▇▇▇’s sole discretion). Notwithstanding that the Company and each Holder have acknowledged and agreed that the Company has not provided any information to the Holders that shall constitute material non-public information following the 8-K Filing, the Company and each Holder hereby acknowledge and agree that the Company has provided other confidential information to each Holder and each Holder agrees that, although such Holder may trade on the basis of such information, such Holder may not disclose such information publicly or to any third party without the Company’s prior written consent, which consent may be withheld at the Company’s sole discretion. To the extent that the Company or any of its officers, directors, agents, employees or Affiliates, delivers any material, non-public information to a Holder Buyer without such HolderBuyer’s consent, the Company hereby covenants and agrees that such Holder Buyer shall not have any duty of confidentiality to the Company or any of its officers, directors, agents, employees or Affiliates with respect to, or a duty to the Company or any of its officers, directors, agents, employees or Affiliates not to trade on the basis of, such material, non-public information, provided that the Buyer shall remain subject to applicable law. Neither To the extent that any notice provided pursuant to any Transaction Document constitutes or contains material, non-public information regarding the Company, its Subsidiaries the Company shall simultaneously file such material non-public information with the SEC pursuant to a Current Report on Form 8-K or shall issue a press release containing such material non-public information. The Company understands and confirms that each Buyer shall be relying on the foregoing covenant in effecting transactions in securities of the Company. Subject to the foregoing, neither the Company nor any Holder Buyer shall issue any press releases or any other public statements or disclosures with respect to the transactions contemplated hereby; provided, however, (i) the Company shall be entitled, without the prior approval of any HolderBuyer, to make the Press Release and any press release or other public disclosure with respect to such transactions (i) in substantial conformity with the 8-K Filing and contemporaneously therewith, therewith and (ii) the Holders shall be entitled, without the prior approval of the Company, to file one or more amendments to statements on Schedule 13D pursuant to the 1934 Act, and (iii) each party shall be entitled, without the prior approval of any other party, to make such disclosures as are otherwise is required by applicable law and regulations including pursuant to the requirements of the 1933 Act or 1934 Act (provided that in the case of clause (i) each Holder Buyer shall be consulted by the Company in connection with any such press release or other public disclosure prior to its release and, in the case of clause (ii) the Company shall be consulted by such Holders in connection with the filing of such amendments to statements on Schedule 13Drelease). Without the prior written consent of the applicable Holder Buyer (which may be granted or withheld in such Holder▇▇▇▇▇’s sole discretion), except as required by applicable law or regulation, the Company shall not (and shall cause each of its Subsidiaries and affiliates to not) disclose the name of such Holder Buyer in any filing, announcement, release or otherwise. Notwithstanding anything contained in this Agreement to the contrary and without implication that the contrary would otherwise be true, the Company expressly acknowledges and agrees that no Holder Buyer shall have (unless expressly agreed to by a particular Holder Buyer after the date hereof in a written definitive and binding agreement executed by the Company and such particular Holder Buyer (it being understood and agreed that no Holder Buyer may bind any other Holder Buyer with respect thereto)), any duty of confidentiality with respect to, or a duty not to trade on the basis of, any material, nonpublic non-public information regarding the Company or any of its SubsidiariesCompany.

Limitations on Disclosure. The Other than as required under the Transaction Documents (but subject to any other disclosure obligations of the Company with respect thereto), the Company shall not, and the Company shall cause each of its Subsidiaries and each of its and their respective officers, directors, employees and agents not to, provide any Holder each Purchaser with any material, non-public information regarding the Company or any of its Subsidiaries from and after the date hereof without unless prior thereto each Purchaser shall have consented in writing to the express prior written consent receipt of such Holder (which may be granted or withheld in such Holder’s sole discretion). Notwithstanding that information and agreed with the Company and each Holder have acknowledged and agreed that the Company has not provided to keep such information confidential. If any information to the Holders that shall constitute material material, non-public information following is required to be provided by the 8-K FilingCompany or any of its Subsidiaries to each Purchaser pursuant to the Transaction Documents, the Company and shall obtain each Holder hereby acknowledge and agree that the Company has provided other confidential Purchaser’s prior written consent prior to providing such information to each Holder Purchaser, and if each Holder agrees that, although Purchaser fails to provide such Holder may trade on the basis of such information, such Holder may not disclose such information publicly or to any third party without the Company’s prior written consent, which consent may the Company shall not be withheld at deemed to be in breach of any of the Company’s sole discretionTransaction Documents as a result of the failure to provide such information. To the extent that the Company delivers any material, non-public information to a Holder each Purchaser without such Holdereach Purchaser’s consentprior written consent in breach of the foregoing sentence, the Company hereby covenants and agrees that such Holder each Purchaser shall not have any duty of confidentiality with respect to, or a duty not to trade on the basis of, such material, non-public information, provided that each Purchaser shall remain subject to applicable law. Neither Subject to the foregoing, neither the Company, its Subsidiaries nor any Holder each Purchaser shall issue any press releases or any other public statements or disclosures with respect to the transactions contemplated hereby, except the Press Release; provided, however, (i) the Company shall be entitled, without the prior approval of any Holdereach Purchaser, to make the Press Release and any press release or other public disclosure with respect to such transactions (i) in substantial conformity with the 8-K Filing and contemporaneously therewith, (ii) the Holders shall be entitled, without the prior approval of the Company, to file one or more amendments to statements on Schedule 13D pursuant to the 1934 Act, and (iii) each party shall be entitled, without the prior approval of any other party, to make such disclosures as are otherwise is required by applicable law and regulations (provided that in the case of clause (i) above, each Holder Purchaser shall be consulted by the Company in connection with any such press release or other public disclosure prior to its release and, in the case of clause (ii) the Company shall be consulted by such Holders in connection with the filing of such amendments to statements on Schedule 13Drelease). Without the prior written consent of the applicable Holder each Purchaser (which may be granted or withheld in such Holdereach Purchaser’s sole discretion), except as required by applicable law or regulation, the Company shall not (and shall cause each of its Subsidiaries and affiliates to not) disclose the name of such Holder each Purchaser in any filing, announcement, release or otherwise, except in the 8-K Filing and as otherwise may be required by applicable law or regulations. Notwithstanding anything contained in this Agreement to the contrary and without implication that the contrary would otherwise be true, the Company expressly acknowledges and agrees that no Holder each Purchaser shall not have (unless expressly agreed to by a particular Holder each Purchaser after the date hereof in a written definitive and binding agreement executed by the Company and such particular Holder (it being understood and agreed that no Holder may bind any other Holder with respect thereto)each Purchaser), any duty of confidentiality with respect to, or a duty not to trade on the basis of, any material, nonpublic non-public information regarding the Company or any of its Subsidiaries.

Limitations on Disclosure. The Other than as required under the Transaction Documents (but subject to any other disclosure obligations of the Company with respect thereto), the Company shall not, and the Company shall cause each of its Subsidiaries and each of its and their respective officers, directors, employees and agents not to, provide any Holder with any material, non-public information regarding the Company or any of its Subsidiaries from and after the date hereof without unless prior thereto such Holder shall have consented in writing to the express prior written consent receipt of such Holder (which may be granted or withheld in such Holder’s sole discretion). Notwithstanding that information and agreed with the Company and each Holder have acknowledged and agreed that the Company has not provided to keep such information confidential. If any information to the Holders that shall constitute material material, non-public information following is required to be provided by the 8-K FilingCompany or any of its Subsidiaries to any Holder pursuant to the Transaction Documents, the Company and shall obtain each Holder hereby acknowledge and agree that the Company has provided other confidential information to each Holder and each Holder agrees that, although such Holder may trade on the basis of such information, such Holder may not disclose such information publicly or to any third party without the CompanyHolder’s prior written consent prior to providing such information to such Holder, and if any Holder fails to provide such written consent, which consent may the Company shall not be withheld at deemed to be in breach of any of the Company’s sole discretionTransaction Documents as a result of the failure to provide such information. To the extent that the Company delivers any material, non-public information to a Holder without such Holder▇▇▇▇▇▇’s consentprior written consent in breach of the foregoing sentence, the Company hereby covenants and agrees that such Holder shall not have any duty of confidentiality with respect to, or a duty not to trade on the basis of, such material, non-public information, provided that the Holder shall remain subject to applicable law. Neither Subject to the foregoing, neither the Company, its Subsidiaries nor any Holder shall issue any press releases or any other public statements or disclosures with respect to the transactions contemplated hereby; provided, however, (i) the Company shall be entitled, without the prior approval of any Holder, to make the Press Release and any press release or other public disclosure with respect to such transactions (i) in substantial conformity with the 8-K Filing and contemporaneously therewith, (ii) the Holders shall be entitled, without the prior approval of the Company, to file one or more amendments to statements on Schedule 13D pursuant to the 1934 Act, and (iii) each party shall be entitled, without the prior approval of any other party, to make such disclosures as are otherwise is required by applicable law and regulations (provided that in the case of clause (i) above, each Holder shall be consulted by the Company in connection with any such press release or other public disclosure prior to its release and, in the case of clause (ii) the Company shall be consulted by such Holders in connection with the filing of such amendments to statements on Schedule 13Drelease). Without the prior written consent of the applicable Holder (which may be granted or withheld in such Holder’s sole discretion), except as required by applicable law or regulation, the Company shall not (and shall cause each of its Subsidiaries and affiliates to not) disclose the name of such Holder in any filing, announcement, release or otherwise, except in the 8-K Filing and as otherwise may be required by applicable law or regulations. Notwithstanding anything contained in this Agreement to the contrary and without implication that the contrary would otherwise be true, the Company expressly acknowledges and agrees that no Holder shall have (unless expressly agreed to by a particular Holder after the date hereof in a written definitive and binding agreement executed by the Company and such particular Holder (it being understood and agreed that no Holder may bind any other Holder with respect thereto)), any duty of confidentiality with respect to, or a duty not to trade on the basis of, any material, nonpublic non-public information regarding the Company or any of its Subsidiaries.

Limitations on Disclosure. The Other than as required under the Transaction Documents (but subject to any other disclosure obligations of the Company with respect thereto), the Company shall not, and the Company shall cause each of its Subsidiaries and each of its and their respective officers, directors, employees and agents not to, provide any Holder with any material, non-public information regarding the Company or any of its Subsidiaries from and after the date hereof without unless prior thereto such Holder shall have consented in writing to the express prior written consent receipt of such Holder (which may be granted or withheld in such Holder’s sole discretion). Notwithstanding that information and agreed with the Company and each Holder have acknowledged and agreed that the Company has not provided to keep such information confidential. If any information to the Holders that shall constitute material material, non-public information following is required to be provided by the 8-K FilingCompany or any of its Subsidiaries to any Holder pursuant to the Transaction Documents, the Company and shall obtain each Holder hereby acknowledge and agree that the Company has provided other confidential information to each Holder and each Holder agrees that, although such Holder may trade on the basis of such information, such Holder may not disclose such information publicly or to any third party without the CompanyHolder’s prior written consent prior to providing such information to such Holder, and if any Holder fails to provide such written consent, which consent may the Company shall not be withheld at deemed to be in breach of any of the Company’s sole discretionTransaction Documents as a result of the failure to provide such information. To the extent that the Company delivers any material, non-public information to a Holder without such Holder▇▇▇▇▇▇’s consentprior written consent in breach of the foregoing sentence, the Company hereby covenants and agrees that such Holder shall not have any duty of confidentiality with respect to, or a duty not to trade on the basis of, such material, non-public information, provided that the Holder shall remain subject to applicable law. Neither Subject to the foregoing, neither the Company, its Subsidiaries nor any Holder shall issue any press releases or any other public statements or disclosures with respect to the transactions contemplated hereby, except the Press Release and the 8-K filing; provided, however, (i) the Company shall be entitled, without the prior approval of any Holder, to make the Press Release and any press release or other public disclosure with respect to such transactions (i) in substantial conformity with the 8-K Filing and contemporaneously therewith, (ii) the Holders shall be entitled, without the prior approval of the Company, to file one or more amendments to statements on Schedule 13D pursuant to the 1934 Act, and (iii) each party shall be entitled, without the prior approval of any other party, to make such disclosures as are otherwise is required by applicable law and regulations (provided that in the case of clause (i) above, each Holder shall be consulted by the Company in connection with any such press release or other public disclosure prior to its release and, in the case of clause (ii) the Company shall be consulted by such Holders in connection with the filing of such amendments to statements on Schedule 13Drelease). Without the prior written consent of the applicable Holder (which may be granted or withheld in such Holder’s sole discretion), except as required by applicable law or regulation, the Company shall not (and shall cause each of its Subsidiaries and affiliates to not) disclose the name of such Holder in any filing, announcement, release or otherwise, except in the 8-K Filing and as otherwise may be required by applicable law or regulations. Notwithstanding anything contained in this Agreement to the contrary and without implication that the contrary would otherwise be true, the Company expressly acknowledges and agrees that no Holder shall have (unless expressly agreed to by a particular Holder after the date hereof in a written definitive and binding agreement executed by the Company and such particular Holder (it being understood and agreed that no Holder may bind any other Holder with respect thereto)), any duty of confidentiality with respect to, or a duty not to trade on the basis of, any material, nonpublic non-public information regarding the Company or any of its Subsidiaries.

Limitations on Disclosure. The Other than as required under the Transaction Documents (but subject to any other disclosure obligations of the Company with respect thereto), the Company shall not, and the Company shall cause each of its Subsidiaries and each of its and their respective officers, directors, employees and agents not to, provide Collateral Agent or any Holder with any material, non-public information regarding the Company or any of its Subsidiaries Affiliates from and after the date hereof without Closing Date unless prior thereto Collateral Agent and/or such Holder shall have consented in writing to the express prior written consent receipt of such Holder (which may be granted or withheld in such Holder’s sole discretion). Notwithstanding that information and agreed with the Company and each Holder have acknowledged and agreed that the Company has not provided any information to the Holders that shall constitute material non-public information following the 8-K Filing, the Company and each Holder hereby acknowledge and agree that the Company has provided other confidential information to each Holder and each Holder agrees that, although such Holder may trade on the basis of such information, such Holder may not disclose keep such information publicly or to any third party without the Company’s prior written consent, which consent may be withheld at the Company’s sole discretionconfidential. To the extent that the Company delivers any material, non-public information to a Holder without Collateral Agent’s or such Holder▇▇▇▇▇▇’s consentprior written consent or confidentiality agreement, the Company hereby covenants and agrees that such that, except as required by applicable law, neither Collateral Agent nor any Holder shall not have any duty of confidentiality with respect to, or a duty not to trade on the basis of, such material, non-public information. Neither None of the CompanyCompany or its Subsidiaries, its Subsidiaries Collateral Agent, nor any Holder shall issue any press releases or any other public statements or disclosures with respect to the transactions contemplated hereby; provided, however, (i) the Company shall be entitled, without the prior approval of any Holder, entitled to make the Press Release and any a press release or other public disclosure with respect to such transactions with Collateral Agent’s prior written consent (which consent shall not be unreasonably withheld, conditioned, or delayed) (A) in substantial conformity with the 8-K Filing and contemporaneously therewith, (ii) the Holders shall be entitled, without the prior approval of the Company, to file one or more amendments to statements on Schedule 13D pursuant to the 1934 Act, therewith and (iiiB) each party shall be entitled, without the prior approval of any other party, to make such disclosures as are otherwise is required by applicable law and regulations (provided that in the case of clause (i) each Holder shall be consulted by the Company in connection with any such press release or other public disclosure prior to its release and, in the case of clause (ii) the Company shall be consulted by such Holders in connection with the filing of such amendments to statements on Schedule 13D)regulations. Without the prior written consent of the applicable a Holder (which may be granted or withheld in such Holder▇▇▇▇▇▇’s sole discretion), except as required by applicable law or regulation, the Company shall not (and shall cause each of its Subsidiaries and affiliates Affiliates to not) disclose the name of such Holder in any filing, announcement, release or otherwise. Notwithstanding anything contained , except in this Agreement to the contrary 8-K Filing and without implication that as otherwise in accordance with the contrary would otherwise be true, the Company expressly acknowledges and agrees that no Holder shall have (unless expressly agreed to by a particular Holder after the date hereof in a written definitive and binding agreement executed by the Company and such particular Holder (it being understood and agreed that no Holder may bind any other Holder with respect thereto)), any duty Requirements of confidentiality with respect to, or a duty not to trade on the basis of, any material, nonpublic information regarding the Company or any of its SubsidiariesLaw.

Limitations on Disclosure. The Company shall not, and the Company shall cause each of its Subsidiaries and each of its and their respective officers, directors, employees and agents not to, provide any Holder Buyer with any material, non-public information regarding the Company or any of its Subsidiaries from and after the date hereof without the express prior written consent of such Holder Buyer (which may be granted or withheld in such HolderBuyer’s sole discretion). Notwithstanding that the Company and each Holder have acknowledged and agreed that the Company has not provided any information to the Holders that shall constitute material non-public information following the 8-K Filing, the Company and each Holder hereby acknowledge and agree that the Company has provided other confidential information to each Holder and each Holder agrees that, although such Holder may trade on the basis of such information, such Holder may not disclose such information publicly or to any third party without the Company’s prior written consent, which consent may be withheld at the Company’s sole discretion. To the extent that the Company delivers any material, non-public information to a Holder Buyer without such HolderBuyer’s consent, the Company hereby covenants and agrees that such Holder Buyer shall not have any duty of confidentiality with respect to, or a duty not to trade on the basis of, such material, non-public information. Neither Subject to the foregoing, neither the Company, its Subsidiaries nor any Holder Buyer shall issue any press releases or any other public statements or disclosures with respect to the transactions contemplated hereby; provided, however, (i) the Company shall be entitled, without the prior approval of any HolderBuyer, to make the Press Release and any press release or other public disclosure with respect to such transactions (i) in substantial conformity with the 8-K Filing and contemporaneously therewith, (ii) the Holders shall be entitled, without the prior approval of the Company, to file one or more amendments to statements on Schedule 13D pursuant to the 1934 Act, and (iii) each party shall be entitled, without the prior approval of any other party, to make such disclosures as are otherwise is required by applicable law and regulations (provided that in the case of clause (i) each Holder shall be consulted by the Company in connection with any such press release or other public disclosure prior to its release and, in the case of clause (ii) the Company shall be consulted by such Holders in connection with the filing of such amendments to statements on Schedule 13D)regulations. Without the prior written consent of the applicable Holder Buyer (which may be granted or withheld in such HolderBuyer’s sole discretion), except as required by applicable law or regulation, the Company shall not (and shall cause each of its Subsidiaries and affiliates to not) disclose the name of such Holder Buyer in any filing, announcement, release or otherwise, except as required by applicable law or regulation. Notwithstanding anything contained in this Agreement to the contrary and without implication that the contrary would otherwise be true, the Company expressly acknowledges and agrees that no Holder Buyer shall have (unless expressly agreed to by a particular Holder Buyer after the date hereof in a written definitive and binding agreement executed by the Company and such particular Holder Buyer (it being understood and agreed that no Holder Buyer may bind any other Holder Buyer with respect thereto)), any duty of confidentiality with respect to, or a duty not to trade on the basis of, any material, nonpublic non-public information regarding the Company or any of its Subsidiaries.