The Company shall, by 5:00 p.m., New York City time, on the second (2 nd ) business day immediately following the date of this Agreement, issue one or more press releases (collectively, the “ Press Release ”) reasonably acceptable to the Purchaser disclosing all material terms of the transactions contemplated hereby and any other material, nonpublic information that the Company may have provided the Purchaser at any time prior to the filing of the Press Release. On or before 5:00 p.m., New York City time, on the second (2 nd ) business day immediately following the date of this Agreement, the Company will file a Current Report on Form 8-K with the Commission describing the terms of the Agreements (and including as an exhibit to such Current Report on Form 8-K a form of this Agreement). If, following public disclosure of the transactions contemplated hereby, this Agreement terminates prior to Closing, the Company shall issue a press release disclosing such termination by 9:00 a.m., New York City time, on the first business day following the date of such termination. Notwithstanding the foregoing, the Company shall not publicly disclose the name of the Purchaser or any affiliate or investment adviser of the Purchaser, or include the name of the Purchaser or any affiliate or investment adviser of the Purchaser in any press release or in any filing with the Commission (other than the Registration Statement) or any regulatory agency or trading market, without the prior written consent of the Purchaser, except (i) as required by the federal securities law in connection with the Registration Statement and (ii) to the extent such disclosure is required by law, at the request of the staff of the Commission or regulatory agency or under trading market regulations, in which case the Company shall provide the Purchaser with prior written notice of such disclosure permitted under this subclause (ii). From and after the issuance of the Press Release, the Purchaser shall not be in possession of any material, non-public information received from the Company, any subsidiary of the Company or any of their respective officers, directors or employees or the Placement Agent .