Common use of Board Materials Clause in Contracts

Board Materials. Copies of all materials that Borrower Representative provides to its Board in connection with general session meetings of Borrower Representative’s Board and all minutes of such general session meetings within 30 days after the last day of the month in which such materials were delivered to the members of Borrower Representative’s Board; provided, however, the foregoing may be subject to such exclusions and redactions as Borrower Representative deems reasonably necessary, in the exercise of its good faith judgment, (i) in order to (A) preserve the confidentiality of highly sensitive proprietary information or (B) prevent impairment of the attorney client privilege or (ii) as a result of a conflict of interest with Lender for new financing.

Appears in 4 contracts

Samples: Loan and Security Agreement (Pulmonx Corp), Loan and Security Agreement (Pulmonx Corp), Loan and Security Agreement (Pulmonx Corp)

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Board Materials. Copies of all materials that Borrower Representative provides to its Board in connection with general session meetings of Borrower Representative’s Board thereof, including any reports with respect to Loan Parties’ operations or performance, and all minutes of such general session meetings meetings, in each case, promptly but in any event within 30 days after the last day of the month in which five (5) Business Days following such materials were delivered to the members of Borrower Representative’s Boardmeetings; provided, however, the foregoing may be subject to such exclusions and redactions as Borrower Representative deems reasonably necessary, in the exercise of its good faith judgment, (i) necessary in order to (A) preserve the confidentiality of highly sensitive proprietary information and any discussions related to this Agreement, the other Loan Documents and the Obligations that would give rise to a conflict of interest, or (B) prevent impairment of the attorney client privilege with respect to pending or (ii) as a result of a conflict of interest with Lender for new financingthreatened litigation.

Appears in 1 contract

Samples: Loan and Security Agreement (TScan Therapeutics, Inc.)

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