Common use of Use of Name and Reports Clause in Contracts

Use of Name and Reports. Without each Capital Markets Advisor’s prior written consent, neither the Company nor any of its affiliates (nor any director, officer, manager, partner, member, employee or agent thereof) shall quote or refer to (i) either Capital Markets Advisor’s name in connection with such Capital Markets Advisor’s performance of its Services hereunder or (ii) any advice rendered by either Capital Markets Advisor to the Company or any communication from either Capital Markets Advisor in connection with performance of their Services hereunder, except as required by applicable federal or state law, regulation or securities exchange rule. In the event of announcement of a Business Combination, each of Deutsche Bank and TowerBrook shall have the right, at its own expense, to disclose its participation in such Business Combination in marketing materials (e.g., pitch books, case studies, and similar marketing materials) and by way of placement of “tombstone” and similar advertisements in financial and other newspapers and journals. Further, prior to distributing any proxy materials relating to a Business Combination to its stockholders or to the Target’s stockholders, as applicable, the Company shall furnish such materials to each Capital Markets Advisor for its review and comment, and the Company will not distribute, and will use commercially reasonable efforts to cause the Target not to distribute, any such materials to which any Capital Markets Advisor reasonably objects.