I agree with your second paragraph...but as far as your first assertion that a material event occurred and must be disclosed because the SEC trumps any contractual agreement not to disclose...then I'm not so sure.
Maybe you or someone here could do some DD where a statute says that the SEC definition of materiality trumps contractual agreements.
I believe for example, if a tender offer has been made for SNP to buy Erhc on the condition that JDZ results be kept a secret, then that trumps the SEC materiality stipulation. I also believe that Erhc has the right to institute a "quiet period" with regard to material events, for example until the next quarter's reporting.
I'm not a lawyer however, so I may be wrong. Again, I encourage you to do some DD as to what trumps what.
Krombacher