The Company shall within four business   days of the date of this Agreement file a Current Report on Form 8-K with the SEC (the “ 8-K   Filing ”) and press release describing all material terms of the transaction contemplated by the   Transaction Documents and shall include this Agreement, and such exhibits as the Company in its sole discretion deems necessary or appropriate, as an exhibit such Current Report on Form 8-K. Thereafter, the Company shall timely file any filings and notices required by the SEC or applicable law with respect to the transactions contemplated hereby and provide notice of the filing thereof to the Investor promptly after such filing. The Company shall not, and shall cause each of its Subsidiaries and its Affiliates and each of their respective officers, directors, employees and agents not to, provide the Investor with any material nonpublic information regarding the Company or any of its Subsidiaries from and after the issuance of the above referenced press release without the express consent of the Investor.