Form 8-K 10X Capital Venture Acqu Due: August 12

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(including pursuant to federal securities laws or the rules of any national securities exchange), in which case the acquirer or the company, as the case may be, will use its commercially reasonable efforts to coordinate such announcement or communication with the other party, prior to the announcement or issuance and allow the other party a reasonable opportunity to comment (which will be considered by the Acquirer or the Company, as the case may be, in good faith) or (ii) done in pleadings, court documents or in open court in any action brought by either Party or any other person.

b. The parties acknowledge and agree that, following the execution of this agreement, the purchaser will file a current report on the form 8-K (there “Current report”) reporting the performance of this Agreement in a form mutually agreed upon by the Parties; provided that in no event shall the current report be filed more than four (4) business days after the date on which this agreement is signed.

vs. For the avoidance of doubt, and notwithstanding anything to the contrary in this Agreement, each party and its Affiliates may make announcements and provide information regarding this Agreement and the termination of the Merger Agreement to their respective Affiliates and their respective directors and officers. , current and future employees, officers, advisers, direct and indirect investors, potential investors and partners without the consent of the other Party; provided, this
neither party nor any of its affiliates will make any such announcement that could be construed as disparaging the activities or conduct of the other party or such other party’s affiliates, or its current and future directors, officers, employees , managers, advisers, direct and indirect investors, potential investors and partners or that is intended to harm the business or reputation of the other party or that other party’s affiliates.

Section 4. Exit.

a. Purchaser, for itself and on behalf of its affiliates, including First Merger Sub and Second Merger Sub, and its and their respective shareholders, partners, joint venturers, lenders, directors, representatives, shareholders, parent companies, subsidiaries, officers, directors, attorneys, agents, employees, legatees, legatees, executors, trustees, beneficiaries, insurers, predecessors, successors, heirs and assigns (the “Buyer’s releasing parties“), hereby absolutely, forever and completely releases and discharges the Company and its affiliates and each of their direct and indirect shareholders, directors, officers, employees, predecessors, partners, shareholders, joint venturers, directors, representatives, current and former, affiliates, attorneys, agents, brokers, insurers, parent entities, subsidiaries, successors, heirs and assigns (the “Released parts of the business”), of all claims, disputes, rights, debts, liabilities, demands, accounts, accounts, obligations, duties, promises, costs, expenses (including without limitation attorneys’ fees and expenses), liens , rights of indemnification, damages, losses, actions and causes of action, of whatever nature, due or payable in the past, present or future and whether based on contract, tort, law or other legal or equitable theory of collection, and whether known or unknown, suspected or unsuspected, asserted or unasserted, fixed or conditional, due or undue, with respect to, relating to, based on , arising out of, resulting from or relating to the Merger Agreement, the Subsidiary Agreements or the transactions contemplated by the Merger agreement, including, without limitation, any breach of any representation, warranty, covenant or agreement contained in the Merger Agreement or the Ancillary Agreements (the “Claims released by the acquirer”); provided, Neverthelessthat if any person or entity that is not a party to the Merger Agreement or this Agreement (other than an Affiliate of the Acquirer) makes a claim of any kind against the Acquirer or the both against the Purchaser and the Company, this Agreement shall not (i) preclude the Purchaser from seeking compensation or contribution from the Company or (ii) preclude the Company from opposing any claim for compensation or of the Purchaser’s contribution.

b. The Company, for itself and on behalf of its Affiliates, and its and their respective shareholders, partners, joint venturers, lenders, directors, representatives, shareholders, parent companies, subsidiaries, officers, directors, attorneys, agents, employees, legatees , legatees, executors, trustees,

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