The Company shall (a) by 9:30 a.m. (New York City time) on the Trading Day immediately following the date hereof, issue a press release disclosing the material terms of the transactions contemplated hereby and (b) by the fourth (4111) Trading Day immediately following the date hereof file a Current Report on Form 8,K, including the Transaction Documents as exhibits thereto, with the Commission. From and after the issuance of such press release, the Company represents to the Purchaser that it shall have publicly disclosed all material, non-public information delivered to the Purchaser by the Company or any of its Subsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documents. The Company and the Purchaser shall consult with each other in issuing any other press releases with respect to the transactions contemplated hereby, and neither the Company nor the Purchaser shall issue any such press release nor otherwise make any such public statement without the prior consent of the Company, with respect to any press release of the Purchaser, or without the prior consent of the Purchaser, with respect to any press release of the Company, which consent shall not unreasonably be withheld, delayed, denied, or conditioned except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communication. Notwithstanding the foregoing, the Company shall not publicly disclose the name of the Purchaser, or include the name of the Purchaser in any filing with the Commission or any regulatory agency or Trading Market, without the prior written consent of the Purchaser, except: (a) as required by federal securities financing, including without limitation, the issuance· of Common Stock, Common Stock Eqµivalents·or .debt for cash consideration, 1ndebtedness or a combination .of units. thereof (a “ROFO Financfog’’), then the Company shall first offer such opportunity to the Purchaser, in writing (a “RQJ;’O Notice”). The ROFO·Notice must be sem Purchaser pursuant io Section 5.4. S ch ROFO N iice.shall contain the material economic terms that the Company wouid, in good faith, expect fo-,recei’ve in the market for transactiohs ·similar in type. to the ROFO. Financing being soughqihe”‘Material Economic Terms”).. If Purchaser is unwil!ing or unalJle to provide stich) OFO .Fimu:icing to the Company within three (3) Trading Days’frorii”Purcha ef’s receipt of the ROFO Noficc;-,th n the Company may obtain such ROFO Financiqg from !\11:,t·other Person upon lhe exact same Material Economic Terms, which such.ROH) Financing mUst,be completed within ninety (90)·carendat days after the·date of the ROFC) Notice.’ Ifjlie’compimy does. not receive the ROFO Financing from such Person within ninety (90) calendar days after the date of the respective ROFO Notice, then the Company must again offer the ROFO Financing opportunity to Purchaser as described above, and the process detailed above shall be repeated. Additionally, in the event that the Company proceeds to a ROFO Financing with another Person and then the Material Economic Terms are altered or modified in any way, then the Company must again offer the ROFO Financing opportunity (on such altered or modified Material Economic Terms) to the Purchaser as described above, and the process detailed above shall be repeated.