Public Announcement. Each of Purchaser and Sellers (or their designated Affiliates) shall issue a press release announcing the termination of the SPA in form and substance mutually agreed upon by the Parties. Other than such mutually agreed upon press release, without the prior written consent of the other Parties, each of the Parties agrees it shall keep the terms of this Agreement strictly confidential and not issue any press release or make any other public statements, whether written, oral, or electronic, with respect to the SPA, this Agreement or any of the transactions contemplated hereby or thereby, including the termination of the SPA, and shall not issue any such press release or make any such public statement, whether written, oral, or electronic, prior to such consultation, except (and notwithstanding anything in the Confidentiality Agreement to the contrary) # as such Party reasonably concludes (after consultation with counsel) to be required by applicable Law (including securities Laws, rules or regulations), court process or by obligations pursuant to any listing agreement with, or other applicable rules or regulations of, any national securities exchange or national securities quotation system (including the Toronto Stock Exchange) and # for such statements that are consistent in all material respects with the mutually agreed press release or other written statements for which the other Parties have provided their prior written consent. Notwithstanding anything to the contrary in this Agreement or in the Confidentiality Agreement, neither this [Section 3] nor [Section 4] shall prohibit any Party or its Affiliates from # communicating with any Governmental Entity regulating or having jurisdiction over such Person or representing the interests of customers of such Person to the extent reasonably necessary to respond to such Governmental Entity’s questions, concerns, requests for information or discovery processes regarding the SPA, this Agreement or any of the transactions contemplated hereby or thereby or # providing accurate, complete and factual information in any communication with, or in any proceeding before, any Governmental Entity.

Public Announcement. No earlier than ​, New York City time, on ​, the Company and the ​ shall announce this Agreement and the material terms hereof by means of a press release in the form attached hereto as [Exhibit B] (the “Press Release”). Neither the Company nor the ​ shall make any public announcement or statement that contradicts or disagrees with the statements made in the Press Release, except as required by law or the rules of any stock exchange or with the prior written consent of the other party.

CLIENT and OHL agree to only release a public announcement concerning this Agreement upon mutual agreement of the Parties. CLIENT consents to inclusion of its name and logo in customer listings that may be published as part of OHL’s ongoing marketing efforts.

No Public Announcement. On the Execution Date, the Parties shall issue a joint press release with respect to the execution of this Agreement, which press release shall be in the form agreed by the Parties. The Parties shall consult with each other before issuing, and give each other the opportunity to review and comment upon, any press release or other public statements with respect to the transactions contemplated by this Agreement, and shall not issue any such press release or make any such public statement prior to such consultation, except as such Party may reasonably conclude may be required by applicable Law, court process or by obligations pursuant to any listing agreement with any national securities exchange or national securities quotation system. The Parties agree that all formal employee communication programs or announcements with respect to the transactions contemplated by this Agreement shall be in forms mutually agreed to by Crestwood and CEGPS (such agreement not to be unreasonably withheld, conditioned or delayed); provided, however, that no further mutual agreement shall be required with respect to any such programs or announcements that are consistent with prior programs or announcements made in compliance with this [Section 5.5].

Announcement of Transaction. The Company and the Agents acknowledge and agree that the Agents may, subsequent to the Closing of the Offering and to the extent the Agents receives an Agents Cash Fee for Securities sold in the Offering, make public their involvement with the Company provided that any such public announcement or other public disclosure (other than customary tombstone presentations or other investment banking presentation materials containing only publicly available information) shall be approved by the Company, which approval shall not be unreasonably withheld.

“Announcement Date” means the date of any public announcement of the Securities Sale by ​ and the Company.

shall promptly (but in any event prior to the next opening of the regular trading session on the Exchange) notify Dealer following any such Public Announcement that such Public Announcement has been made; and

Public Announcements. Except to the extent that ​ or CLRI believes on the advice of counsel that public disclosure is required by law, no party to this Agreement shall make, or cause to be made, any press release or public announcement in respect of this Agreement or the transactions contemplated hereby or otherwise communicate with any news media without prior notification to the other parties. The parties shall cooperate as to the time and contents of any such press release or public announcement, but if they are unable to reach an agreement as to the time and contents of such press release or public announcement, each shall be free to make such press release or public announcement as it deems necessary.

If a Party wishes to issue or make any public announcement or statement regarding this Agreement or the Joint Operations, it shall not do so unless, prior to the release of the public announcement or statement, such Party furnishes all the Parties with a copy of such announcement or statement, and obtains the approval of Parties which are not Affiliates of the Party or Parties making the public announcement or statement holding fifty percent (50%) or more of the Participating Interests not held by such announcing Party or its Affiliates; provided that:

Publicity. In the event of the consummation or public announcement of any Offering, HCW shall have the right to disclose its participation in such Offering, including, without limitation, the placement at its cost of “tombstone” advertisements in financial and other newspapers and journals.

Any adjustment to the Conversion Factor shall be calculated up to four (4) decimal places. Within ten (10) Business Days of the effectiveness of any adjustment or readjustment of the Conversion Factor, the Corporation shall make a public announcement of such adjustment or readjustment.

Press Releases/Public Announcements. Neither Party shall issue any press release or public announcement of this Agreement or the terms hereof without the prior consent of the other Party; provided, however, the Company may make filings under applicable federal and state securities laws as required under applicable law but shall provide GSS with a reasonable opportunity to review and comments upon any proposed filing.

the ​ restates any financial statements included in its reports or registration statements filed pursuant to the Securities Act or the Exchange Act for any date or period from two years prior to the Issuance Date of this Note and until this Note is no longer outstanding, if following first public announcement or disclosure that a restatement will occur the VWAP on the next Trading Day is 20% less than the VWAP on the prior Trading Day. For the purposes of this [clause (xxiv)] the next Trading Day if an announcement is made before ​ New York, NY time is either the day of the announcement or the following Trading Day; or

A Party may not withhold consent to releases that either Party may determine, based on advice of counsel, are reasonably necessary to comply with applicable law (including disclosure requirements of the U.S. Securities and Exchange Commission (“SEC”)) or with the requirements of any stock exchange on which securities issued by a Party or its Affiliates are traded. In the event of a required public announcement, to the extent practicable under the circumstances, the Party making such announcement shall provide the other Party with a copy of the proposed text of such announcement sufficiently in advance of the scheduled release to afford such other Party a reasonable opportunity to review and comment upon the proposed text.

“Black Scholes Value” means the value of the outstanding principal amount of this Note, plus all accrued and unpaid interest hereon based on the Black and Scholes Option Pricing Model obtained from the “OV” function on Bloomberg L.P. (“Bloomberg”) determined as of the day of consummation of the applicable Fundamental Transaction for pricing purposes and reflecting # a risk-free interest rate corresponding to the U.S. Treasury rate for a period equal to the time between the date of the public announcement of the applicable Fundamental Transaction and the Maturity Date, # an expected volatility equal to the greater of 100% and the 100 day volatility obtained from the HVT function on Bloomberg as of the Trading Day immediately following the public announcement of the applicable Fundamental Transaction, # the underlying price per share used in such calculation shall be the sum of the price per share being offered in cash, if any, plus the value of any non-cash consideration, if any, being offered in such Fundamental Transaction and # a remaining option time equal to the time between the date of the public announcement of the applicable Fundamental Transaction and the Maturity Date.

. The parties agree that no public release or announcement concerning the transactions contemplated hereby shall be issued by any party hereto or such party’s Affiliates or Representatives without the prior consent of the other parties hereto, except: # in any documents utilized in connection with the Buyer’s financing for the transactions contemplated herein but only after such financial Representatives have been informed of the confidential nature of such information and this transaction and the Buyer shall take reasonable efforts to cause such financial Representatives to not disclose the same and shall be responsible for disclosure by such financial Representatives; and # as such release or announcement may be required by applicable Legal Requirements, in which case the party required to make the release or announcement shall allow the other party reasonable time to comment on such release or announcement in advance of such issuance.

Upon the occurrence of any Public Announcement (whether made by Counterparty or a third party) ​ in its sole discretion may # make commercially reasonable adjustments to the terms of any Transaction, including, without limitation, the Scheduled Termination Date or the Forward Price Adjustment Amount, and/or suspend the Calculation Period and/or any Settlement Valuation Period or # treat the occurrence of such Public Announcement as an Additional Termination Event with Counterparty as the sole Affected Party and the Transactions hereunder as the Affected Transactions and with the amount under [Section 6(e)] of the Agreement determined taking into account the fact that the Calculation Period or Settlement Valuation Period, as the case may be, had fewer Scheduled Trading Days than originally anticipated.

Conversion Price During Major Announcements. Notwithstanding anything contained in [Section 1.2(a)] to the contrary, in the event the Borrower # makes a public announcement that it intends to consolidate or merge with any other corporation (other than a merger in which the Borrower is the surviving or continuing corporation and its capital stock is unchanged) or sell or transfer all or substantially all of the assets of the Borrower or # any person, group or entity (including the Borrower) publicly announces a tender offer to purchase 50% or more of the Borrower’s Common Stock (or any other takeover scheme) (the date of the announcement referred to in [clause (i) or (ii)])] is hereinafter referred to as the “Announcement Date”), then the Conversion Price shall, effective upon the Announcement Date and continuing through the Adjusted Conversion Price Termination Date (as defined below), be equal to the lower of # the Conversion Price which would have been applicable for a Conversion occurring on the Announcement Date and # the Conversion Price that would otherwise be in effect. From and after the Adjusted Conversion Price Termination Date, the Conversion Price shall be determined as set forth in this [Section 1.2(a)]. For purposes hereof, “Adjusted Conversion Price Termination Date” shall mean, with respect to any proposed transaction or tender offer (or takeover scheme) for which a public announcement as contemplated by this [Section 1.2(b)] has been made, the date upon which the Borrower (in the case of [clause (i) above]) or the person, group or entity (in the case of [clause (ii) above]) consummates or publicly announces the termination or abandonment of the proposed transaction or tender offer (or takeover scheme) which caused this [Section 1.2(b)] to become operative.

For purposes of this [Section 2.3], “public announcement” shall include disclosure in a press release reported by the Dow Jones News Service, Associated Press, or comparable national news service or in a document publicly filed by the Corporation with the Securities and Exchange Commission pursuant to [[Section 13, 14, or 15(d)])])]])])] of the Exchange Act.