Appointment of Observer. (a) The Parent hereby acknowledges that the Observer has been designated by the Investors as the first Designated Observer under the Original Agreement and shall continue to act as the first Designated Observer under this Agreement. (b) The Observer acknowledges that the Investors shall have the right, subject to the terms and conditions of the Investor Rights Agreement, to appoint, and by notice in writing to the Observer and the Parent (the "Appointment Notice") replace, from time to time a Designated Observer.
Appears in 2 contracts
Samples: Investor Rights Agreement (SunOpta Inc.), Observer Governance and Confidentiality Agreement (SunOpta Inc.)
Appointment of Observer. (a) The Parent hereby acknowledges that the Observer has been designated by the Investors as the first Designated Observer under the Original Agreement and shall continue to act as the first Designated Observer under this Agreement.
(b) The Observer acknowledges that the Investors shall have the right, subject to the terms and conditions of the Investor Rights Agreement, to appoint, and by notice in writing to the Observer and the Parent (the "Appointment Notice") replace, from time to time a Designated Observer.
Appears in 1 contract
Appointment of Observer. (a1) The Parent Company hereby acknowledges that the Observer has been designated by the Investors as the first Designated Observer under the Original Agreement and shall continue to act Investor as the first Designated Observer under this Agreement.
(b2) The Observer acknowledges that the Investors Investor shall have the right, subject to the terms and conditions of this Agreement and the Investor Rights Subscription Agreement, to appoint, and by notice in writing to the Observer and the Parent Company (the "βAppointment Notice"β) replace, from time to time a Designated Observer.
Appears in 1 contract
Appointment of Observer. (a) The Parent hereby acknowledges that the Observer has been designated by the Investors as the first Designated Observer under the Original Agreement and shall continue to act as the first Designated Observer under this AgreementObserver.
(b) The Observer acknowledges that the Investors shall have the right, subject to the terms and conditions of the Investor Rights Agreement, to appoint, and by notice in writing to the Observer and the Parent (the "Appointment Notice") replace, from time to time a Designated Observer.
Appears in 1 contract