definiens: means that Vion has available cash to satisfy its c sh needs for a minimum of four months based on its planned bus·ness operations . Should Vion fail to refinance within a peri d of four ( 4 ) months after BI has declared a Vion Cash Shortage, his failure shall be considered a Material Breach as defined in S ction 12.2(b ), and BI shall be entitled to terminate this Agre ment pursuant to Section 12.2, and shall have the rights menti ned therein . Notwithstanding the penultimate sentence of Section 12.4, in the event vi on has refinanced, vi on shall assume a 1 of its ongoing financial obligations and BI will cease p ying such obligations and Vion agrees to indemnify BI from any third party claims arising out of such Obligations : ! -5 - I t ! [, r, ) 13.1 Publicity Reyiew . BI and vi on will jointly discuss and agree on any statement to the ublic regarding the execution or the subject matter of this Agr ement or the other Agreements, except with respect to disclos res required by law or regulation