Each of the parties hereto hereby agrees that the information obtained in any investigation pursuant to Section 5.4 or any information obtained pursuant to the notice requirements of Section 5.5 , or otherwise pursuant to the negotiation and execution of this Agreement, the Company Related Agreements or the effectuation of Merger or other the transactions contemplated hereby and thereby, shall be governed by the terms of the Mutual Non-Disclosure Agreement, dated as of September 16, 2016 (the “ Confidential Disclosure Agreement ”), between the Company and Acquiror and the Securityholder Representative and the Company Securityholders shall comply with the Confidential Disclosure Agreement as if they were the Company and party to such Confidential Disclosure Agreement .  In this regard, the Company , the Securityholder Representative , and the Company Securityholders acknowledge that the Acquiror Common Stock is publicly traded and that any information obtained during the course of its due diligence could be considered to be material non-public information within the meaning of federal and state securities laws .    Prior to the Closing, each of the parties hereto agrees not to issue or cause the publication of any press release or other public announcement with respect to this Agreement or the transactions contemplated hereby ; provided , however , that nothing herein shall prohibit any party hereto from issuing or causing publication of any press release or public announcement to the extent that such party reasonably determines such action to be required by applicable Legal Requirement, in which case the party hereto making such determination will, if practicable in the circumstances, use commercially reasonable efforts to allow the other parties hereto reasonable time to comment on such release or public announcement in advance of its issuance ; provided , further , however , that if Acquiror determines that it is required by applicable Legal Requirement to make any such press release or public announcement, the contents thereof shall be determined by Acquiror in its sole discretion (even if comments thereto are provided by the Company). None of the Company, the Securityholder Representative, the Company Securityholders, nor any of their respective Representatives shall issue any statement or communication to any third party (other than its Representatives that are bound by confidentiality restrictions) regarding the subject matter of this Agreement, any Company Related Agreement, or any other Contract to which they are party in connection with the Merger, or the Merger or the other transactions contemplated hereby and thereby, without the prior written consent of Acquiror; provided, that after Closing the Securityholder Representative shall be permitted to communicate with the Company Securityholders in accordance with the terms of that certain Nondisclosure Agreement, dated as of April 11, 2017, by and between the Company and the Securityholder Representative.