The Company shall by 8:30 a.m. (New York City time) (a) on the first (1st) Business Day after this Agreement has been executed, issue a press release disclosing the material terms of the transactions contemplated hereby and (b) within four (4) Business Days after this Agreement has been executed, file a Current Report on Form 8-K with the SEC, including the Exchange Documents as exhibits thereto (the “8-K Filing”). From and after the issuance of such press release and the filing of the 8-K Filing, the Company shall have publicly disclosed all material, non-public information delivered to the Holder by the Company or any of its Subsidiaries, or any of their respective officers, directors, employees or agents. The Company and Holder shall consult with each other in issuing any press releases with respect to the transactions contemplated hereby, and neither shall issue any such press release or otherwise make any such public statement without the prior consent of the other, which consent shall not unreasonably be withheld. Notwithstanding the foregoing, the Company shall not publicly disclose the name of Holder, or include the name of Holder in any filing with the SEC or any regulatory agency, without the prior written consent of Holder, except to the extent such disclosure is required by law in which case the Company shall provide the Holder with prior notice of such disclosure or if such disclosure is pursuant to the Registration Rights set forth herein and the Registration Rights Agreement. The Company understands that any such disclosure shall cause irreparable harm and Holder shall be entitled to injunctive relief and liquidated damages in connection therewith.