“Program Marketing Communication” means any consumer-facing or Cardholder-facing communication that mentions the Program, including any marketing, promotional, or advertising communication for the Program, except for Forms.

“Promotional Materials” shall have the meaning set forth in [Section 2.3].

Without limiting anything herein, AYTU shall materially comply with all Applicable Laws in performing this Agreement, including all Marketing, promotional or advertising activities conducted by it or its Subsidiaries.

No Advertising. At no time was the Purchaser presented with or solicited by any leaflet, newspaper or magazine article, radio or television advertisement, or any other form of general advertising or solicited or invited to attend a promotional meeting otherwise than in connection and concurrently with such communicated offer.

Section # Publicity. All news releases, advertising and other public disclosure by any Borrower or any Guarantor or any Affiliate of any of them which refers to the Loan Documents or the financing evidenced by the Loan Documents, to the Agent, the Lender or any of their Affiliates shall be subject to the prior approval of the Agent. The Agent and the Lender shall have the right to issue any of the foregoing without the Borrowers’ approval, and the Borrowers authorize the Agent and the Lender to issue press releases, advertisements and other promotional materials in connection with the Agent’s and the Lender’s own promotional and marketing activities, and such materials may describe the Loan in general terms or in detail and the Agent’s and the Lender’s participation therein.

Newbridge may, at its option and expense: # place advertisements in financial and other newspapers and journals (including electronic versions) describing its services to the Company and # use the Company’s corporate logo in such advertising or related promotional materials (including electronic versions) concerning Newbridge’s services to the Company. If requested by Newbridge, the Company shall include a mutually acceptable reference to Newbridge in any press release or other public announcement made by the Company regarding a Transaction.

Advertising and Promotion. AYTU shall develop, subject to [Section 4.10] and the other provisions of this Agreement, the Trademarks with respect to the Products (which in accordance with, and subject to, [Section 4.10], will contain the name “Tuzistra”), website, and other Product positioning and supporting materials, including without limitation, physician education materials. All materials used by AYTU in Marketing the Products, including print advertising, brochures, leaflet, and similar materials, shall comply in all material respects with Applicable Laws and requirements of any applicable Regulatory Authority and the terms and provisions of [Section 4.10]. Prior to NDA Approval of the CCP-08 NDA, AYTU shall provide to TRIS copies of such materials used by or on behalf of AYTU in Marketing of the Product for submission to the FDA, at AYTU’s sole cost and expense. Copies of materials, whether or not required to be submitted to the FDA shall be provided to TRIS at least five (5) Business Days prior to their first intended use. AYTU shall not make any therapeutic claims or statements relating to the Product other than those authorized by the applicable Regulatory Authorities, and AYTU shall remain solely liable for all Marketing materials prepared by it or on its behalf.

Customary Advertising Material. The Loan Parties consent to the publication by the Administrative Agent or any Lender of customary advertising material relating to the transactions contemplated hereby using the name, product photographs, logo or trademark of the Loan Parties.

Neither party shall use any of the other party’s Promotional Materials without the prior written consent of the other party, not to be unreasonably withheld.

The Bottler must, for its own account, budget and expend such funds for advertising, marketing and promoting the Beverage as may be reasonably required by the Company to create, stimulate and sustain the demand for the Beverage in the Territory, provided that the Bottler shall submit all advertising, marketing and promotional projects relating to the Trade Marks or the Beverage to the Company for its prior approval, and shall use, publish, maintain or distribute only such advertising, marketing or promotional material relating to the Trade Marks or the Beverage as the Company shall approve and authorize. The Company and/or CCJC may agree from time to time and subject to such terms and conditions as it or they shall stipulate in each case to contribute financially to the Bottler’s marketing programs. The Company and/or CCJC may also undertake, at its or their own expense and independently from the Bottler, any additional advertising or sales promotion activities in the Territory it or they deem(s) useful or appropriate.