Due Diligence/Termination Right. ​ shall have through the last day of the Inspection Period during which to # review, examine, inspect, and investigate the Property Information and the Additional Property Information (collectively, the “Property Documents”) and the Properties and, in ​’s sole and absolute judgment and discretion, determine whether the Properties are acceptable to ​, # obtain all necessary internal approvals, # negotiate and approve the loan documents evidencing and securing an $81,200,000.00 acquisition loan (the “Loan”) from Special Situations Investing Group II, LLC (the “Lender”) on terms and conditions acceptable to ​, and # satisfy all other contingencies of ​. Notwithstanding anything to the contrary in this Agreement, ​ may terminate this Agreement for any reason or no reason by giving written notice of termination to ​ and Escrow Agent (the “Due Diligence Termination Notice”) on or before 5:00 p.m. Chicago time on the last day of the Inspection Period. If ​ does not give a Due Diligence Termination Notice, this Agreement shall continue in full force and effect, ​ shall be deemed to have waived its right to terminate this Agreement pursuant to this Section 4.5, and ​ shall be deemed to have acknowledged and agreed that it has received or had access to all Property Documents, that it has conducted all inspections and tests of the Properties that it considers important and that the documents evidencing the Loan last revised by Lender or Lender’s counsel (the “Approved Loan Documents”) are acceptable to ​.

“Licensee Diligence Obligations” means Licensee’s Development and Regulatory Approval diligence obligations under Section 3.2.1 and Licensee’s Commercialization diligence obligations under [Section 3.2.2].

Satisfactory Completion of Due Diligence. [[Organization A:Organization]] and the ​ shall have completed their legal, accounting and business due diligence of the ​ and the results thereof shall be satisfactory to [[Organization A:Organization]] and the ​ in their sole and absolute discretion.

Due Diligence; Non-Public Information. ​ shall have the right, from time to time as ​ may reasonably deem appropriate and upon reasonable advance notice to ​, to perform reasonable due diligence on ​ during normal business hours. ​ and its officers and employees shall provide information and reasonably cooperate with ​ in connection with any reasonable request by ​ related to ​'s due diligence of ​. Each party hereto agrees not to disclose any Confidential Information of the other party to any third party and shall not use the Confidential Information for any purpose other than in connection with, or in furtherance of, the transactions contemplated hereby. Each party hereto acknowledges that the Confidential Information shall remain the property of the disclosing party and agrees that it shall take all reasonable measures to protect the secrecy of any Confidential Information disclosed by the other party. ​ confirms that neither it nor any other Person acting on its behalf shall provide ​ or its agents or counsel with any information that constitutes or might constitute material, non-public information, unless a simultaneous public announcement thereof is made by ​ in the manner contemplated by Regulation FD. In the event of a breach of the foregoing covenant by ​ or any Person acting on its behalf (as determined in the reasonable good faith judgment of ​), in addition to any other remedy provided herein or in the other Transaction Documents, ​ shall have the right to make a public disclosure, in the form of a press release, public advertisement or otherwise, of such material, non-public information without the prior approval by ​; provided ​ shall have first provided notice to ​ that it believes it has received information that constitutes material, non-public information, ​ shall have at least 24 hours to publicly disclose such material, non-public information prior to any such disclosure by ​, and ​ shall have failed to publicly disclose such material, non-public information within such time period. ​ shall not have any liability to ​, any of its Subsidiaries, or any of their respective directors, officers, employees, stockholders or agents, for any such disclosure. ​ understands and confirms that ​ shall be relying on the foregoing covenants in effecting transactions in securities of ​.

perform due diligence on prospective investments and create due diligence reports summarizing the results of such work;

Due Diligence The Emerald Shareholders shall have right to conduct a reasonable due diligence exercise on the Corporation.

7.16Due Diligence. BioSculpture shall be satisfied with the results of its due diligence investigation of SRSG and Merger Sub.

Each Diligence File uploaded to the Secure Data Room contains all documents required under the definition of “Diligence File” and each such Diligence File is organized and categorized in accordance with the electronic file structure reasonably requested by the Depositor.

Diligence obligations

Patriot Act; Certain Additional Due Diligence. Each Lender that is subject to the requirements of the Patriot Act hereby notifies the Loan Parties that pursuant to the requirements of the PATRIOT Act, it is required to obtain, verify and record information that identifies each Loan Party, which information includes the name and address of each Loan Party and other information that will allow such Lender to identify each Loan Party in accordance with the PATRIOT Act.