Disclosures. The written materials delivered to the Investors in connection with the transactions contemplated by the Transaction Documents, when considered together with the SEC filings, do not contain any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements contained therein, in light of the circumstances under which they were made, not misleading. The Company understands and confirms that the Investors will rely on the foregoing representations in effecting transactions in securities of the Company.

Certain Disclosures. Notwithstanding the confidentiality, nondisclosure and proprietary rights provisions of this Agreement, Supplier acknowledges and agrees that each of the [[OUTSET:Organization]] Entities # has the right to file a copy of, and/or disclose, all or part of this Agreement and related documents and information, including performance reports and fees and invoicing, as may be required or requested by its regulators and auditors; and # may freely discuss all aspects of Supplier’s performance and the [[OUTSET:Organization]] Entities’ satisfaction with such performance with prospective Supplier customers brought to [[OUTSET:Organization]] by Supplier.

Disclosures. Prior to bringing any Hazardous Material into any part of the Property, Tenant shall deliver to Landlord the following information with respect thereto: # a description of handling, storage, use and disposal procedures; # all plans or disclosures and/or emergency response plans which Tenant has prepared, including without limitation Tenant’s Spill Response Plan, and all plans which Tenant is required to supply to any governmental agency or authority pursuant to any Environmental Laws; # copies of all Required Permits relating thereto; and # other information reasonably requested by Landlord.

Disclosures. The Disclosure Schedule sets forth a true and correct list of: # in [Section 2.13(a)(i)] of the Disclosure Schedule, # each item of # Registered IP in which the Company has or purports to have an ownership interest (“Registered Company IP”) and # material unregistered Trademarks (excluding trade dress) owned or purported to be owned by, or exclusively licensed to, the Company, # the record owner, and, if different, the legal owner and beneficial owner, of each item of Registered Company IP, # the jurisdiction in which such item of Registered Company IP has been registered or filed and the applicable application, registration or serial number, # for each domain name registration within the Registered Company IP, the applicable domain name registrar and the expiration date for the registration and name of the registrant and # each item of Company Software that constitutes Company IP; # in [Section 2.13(a)(ii)] of the Disclosure Schedule, each Licensed IP Contract; and # in [Section 2.13(a)(iii)] of the Disclosure Schedule, each Company IP Contract, other than # rights granted to Employees to use Company IP for the sole benefit of the Company and # non-disclosure agreements that have been entered into in the ordinary course of business.

Disclosures. Disclosures required by law or regulation may be made by e-mail or through access to the internet or intranet to the extent that law permits such disclosures.

Disclosures. Prior to bringing any Hazardous Material into any part of the Property, Tenant shall deliver to Landlord the following information with respect thereto: # a description of handling, storage, use and disposal procedures; # all plans or disclosures and/or emergency response plans which Tenant has prepared, including without limitation Tenant’s Spill Response Plan, and all plans which Tenant is required to supply to any governmental agency or authority pursuant to any Environmental Laws; # copies of all Required Permits relating thereto; and # other information reasonably requested by Landlord, but nothing contained herein shall require Tenant to provide proprietary or confidential information to Landlord.

Disclosures. Prior to bringing any Hazardous Material into any part of the Property, Tenant shall deliver to Landlord the following information with respect thereto: # a description of handling, storage, use and disposal procedures; # all plans or disclosures and/or emergency response plans which Tenant has prepared, including without limitation Tenant’s Spill Response Plan, and all plans which Tenant is required to supply to any governmental agency or authority pursuant to any Environmental Laws; # copies of all Required Permits relating thereto; and # other information reasonably requested by Landlord.

Section # Certain Permitted Disclosures.

Certain Disclosures. Except as set forth in this Agreement or as required by law, neither Party shall make any press release or other public announcement or other public disclosure to a Third Party concerning the existence of or terms of this Agreement, the subject matter of this Agreement or the activities contemplated hereunder, without the prior written consent of the other Party, which consent shall include agreement upon the nature and text of such release, announcement or other disclosure and shall not be unreasonably withheld or delayed. Each Party agrees to provide to the other Party a copy of any such press release or other public announcement or disclosure as soon as reasonably practicable under the circumstances prior to its scheduled release. Each Party shall have the right to expeditiously (but in any event within forty-eight (48) hours) review and recommend changes to any such press release or other public announcement or disclosure; provided, however, that such right of review and recommendation shall only apply for the first time that specific information is to be disclosed, and shall not apply to the subsequent disclosure of substantially similar information that has previously been disclosed unless there have been material developments relating to Licensed Product since the date of the previous disclosure; provided, further, that each Party shall provide to the other Party reasonable advance notice of any such subsequent disclosure. Without limiting the generality of any of the foregoing, it is understood that the Parties or their Affiliates may make disclosure of this Agreement and the terms hereof in accordance with the rules and regulations of the SEC, other governmental authority, or securities exchange, may file this Agreement as an exhibit to any filing with the SEC, other governmental authority, or securities exchange, and may distribute any such disclosure or filing in the ordinary course of its business, provided, further, that to the maximum extent allowable by the rules and regulations of the SEC, other governmental authority, or securities exchange, and except as required by applicable Laws, Kinex and XPH shall seek to redact any confidential information set forth in such filings, and each Party shall provide a draft of the redacted version of this Agreement to the other Party no less than five (5) Business Days prior to disclosure or filing with the SEC, other governmental authority, or securities exchange, and give reasonable consideration to the other Party’s comments regarding any proposed redaction.

Disclosures. Neither the written information regarding the Company and its Subsidiaries in the Information Memorandum (other than the financial projections, other forward-looking statements and information of a general economic or industry specific nature) nor any other written information, exhibit or report furnished by or on behalf of the Company or any other Borrower to the Agent or any Lender prior to the Closing Date in connection with the negotiation and syndication of this Agreement or pursuant to the terms of this Agreement, taken as a whole, contained any untrue statement of a material fact or omitted to state a material fact necessary to make the statements made therein, in light of the circumstances under which they were made, when taken as a whole, not materially misleading solely at the time furnished.