Common use of The Release Time Clause in Contracts

The Release Time. (a) As of the date of this Exchange Agreement, the Company is not aware of, and has not provided to the Investor, any material non-public information regarding the Company or its securities, other than any material non-public information relating to the Exchange; and (b) the Company agrees to publicly disclose at or before 8:30 a.m., New York City time, on the first business day after the date of this Exchange Agreement (such time and date, the “Release Time”), the exchange of the Existing Notes contemplated by this Exchange Agreement and similar exchange agreements in a Current Report on Form 8-K. The Company acknowledges and agrees that, as of the Release Time, none of the information provided by or on behalf of the Company to the Investor or any Exchanging Investor in connection with the Exchange will constitute material non-public information. The Investor and the Company agree that the Current Report on Form 8-K contemplated by this Section 7 will be substantially in the form set forth in Exhibit E hereto.

The Release Time. (a) As of the date of this Exchange Agreement, the Company is not aware of, and has not provided to the any Investor, any material non-public information regarding the Company or its securities, other than any material non-public information relating to the Exchangetransactions contemplated by this Agreement; and (b) the Company agrees to publicly disclose at or before 8:30 a.m., New York City time, on the first business day after the date of this Exchange Agreement (such time and date, the “Release Time”), the exchange material terms of the Existing Notes contemplated by this Exchange Agreement and similar exchange agreements the transactions contemplated hereby in a press release or Current Report on Form 8-K. The Company acknowledges and agrees that, as of the Release Time, none of the information provided by or on behalf of the Company to the Investor or any Exchanging Investor in connection with the Exchange transactions contemplated by this Agreement will constitute material non-public information. The Investor and the Company agree that the Current Report on Form 8-K contemplated by this Section 7 will be substantially in the form set forth in Exhibit E C hereto.