Common use of SEC Filing Clause in Contracts

SEC Filing. Contemporaneously with the commencement of the Offer, Barefoot shall file with the SEC a Solicitation/Recommendation Statement on Schedule 14D-9 (the "Schedule 14D-9"), which shall reflect the recommendation of the Offer and of the Merger by Barefoot's Board of Directors, provided that if Barefoot shall become entitled to withdraw its recommendation of the Offer or the Merger under the provisions of Section 1.5(a), then neither such withdrawal nor the modification of the Schedule 14D-9 to reflect such withdrawal and any position taken by the Board subsequent to such withdrawal shall constitute a breach by Barefoot of this Agreement. The Schedule 14D-9 shall contain the information required by Section 14(f) of the Exchange Act and Rule 14f-1 promulgated thereunder with respect to ServiceMaster's designees for election to Barefoot's Board of Directors pursuant to Section 1.7(e) hereof. ServiceMaster shall supply any information with respect to itself or its designees which may be required for inclusion therein. The Schedule 14D-9, together with any supplements or amendments thereto, shall comply with the provisions of the applicable federal securities laws.