Delivery of Financial Statements. The Company shall deliver to each Major Investor, provided that the Board of Directors has not reasonably determined that such Major Investor is a Competitor of the Company:
Appears in 66 contracts
Samples: Investors’ Rights Agreement (Rogue Baron PLC), Investors’ Rights Agreement (Artiva Biotherapeutics, Inc.), Investors’ Rights Agreement (PureTech Health PLC)
Delivery of Financial Statements. The Company shall deliver to each Major Investor, provided that the Board of Directors has not reasonably determined that such Major Investor is a Competitor competitor of the Company:
Appears in 45 contracts
Samples: Investors’ Rights Agreement (Boundless Bio, Inc.), Investors’ Rights Agreement (Neumora Therapeutics, Inc.), Investors’ Rights Agreement (First Light Acquisition Group, Inc.)
Delivery of Financial Statements. The Company shall deliver to each Major Investor, provided that the Board of Directors has not reasonably determined that such Major Investor is a Competitor of the CompanyCompetitor:
Appears in 25 contracts
Samples: Investor Rights Agreement (Actuate Therapeutics, Inc.), Investor Rights Agreement (Actuate Therapeutics, Inc.), Investors’ Rights Agreement (Prime Medicine, Inc.)
Delivery of Financial Statements. The Company shall deliver to each Major Investor, provided that the Board of Directors has not reasonably determined that such Major Investor is a Competitor of the CompanyCompetitor:
Appears in 20 contracts
Samples: Investors’ Rights Agreement (Pyxis Oncology, Inc.), Investors’ Rights Agreement (Icosavax, Inc.), Investors’ Rights Agreement (TScan Therapeutics, Inc.)
Delivery of Financial Statements. The Company shall deliver to each Major Investor; provided, provided that that, the Board of Directors has not reasonably determined that such Major Investor is a Competitor of the CompanyCompetitor:
Appears in 11 contracts
Samples: Voting Agreement (Lewis & Clark Ventures I, LP), Adoption Agreement (Gonzalez May Carlos Alfredo), Adoption Agreement (Continental Grain Co)
Delivery of Financial Statements. The Company shall deliver to each Major Investor, provided that the Board of Directors has not reasonably determined that such Major Investor is a Competitor of the Company:
Appears in 9 contracts
Samples: Investors’ Rights Agreement (Fractyl Health, Inc.), Investors’ Rights Agreement (Fractyl Health, Inc.), Investors’ Rights Agreement (Vividion Therapeutics, Inc.)
Delivery of Financial Statements. The Company shall deliver to each Major Investor, provided that the Board of Directors has not reasonably determined that such Major Investor is not a Competitor of the Company:
Appears in 6 contracts
Samples: Rights Agreement, Rights Agreement, Investors’ Rights Agreement (Allena Pharmaceuticals, Inc.)
Delivery of Financial Statements. The Company shall deliver to each Major Investor, provided that the Board of Directors has not reasonably determined that such Major Investor is (or, in the case of a Competitor Major Investor that is an individual, is employed by or serves as a consultant to) a competitor of the Company:
Appears in 6 contracts
Samples: Investors’ Rights Agreement, Investors’ Rights Agreement, Joinder Agreement (Kaleido Biosciences, Inc.)
Delivery of Financial Statements. The Company shall deliver to each Major Investor, provided that the Board of Directors has not reasonably determined that such Major Investor is a Competitor of the Company:
Appears in 5 contracts
Samples: Adoption Agreement (Ondas Holdings Inc.), Investors’ Rights Agreement (Gin & Luck Inc.), Investors’ Rights Agreement (Gin & Luck Inc.)
Delivery of Financial Statements. The Company shall deliver to each Major Investor, ; provided that the Board of Directors has not reasonably determined that such Major Investor is a Competitor competitor of the Company (it being understood that a venture capital fund that is a Major Investor will not be determined to be a competitor of the Company:):
Appears in 5 contracts
Samples: Investors’ Rights Agreement (Winc, Inc.), Investors’ Rights Agreement (Winc, Inc.), Investors’ Rights Agreement (Winc, Inc.)
Delivery of Financial Statements. The Company shall deliver to each Major InvestorInvestor the required items listed below, provided that the Board of Directors has not reasonably determined that such Major Investor is a Competitor of the Company:.
Appears in 4 contracts
Samples: Investors’ Rights Agreement (Relay Therapeutics, Inc.), Investors’ Rights Agreement (Relay Therapeutics, Inc.), Investors’ Rights Agreement (Magenta Therapeutics, Inc.)
Delivery of Financial Statements. The Company shall deliver to each Major Investor, ; provided that the Board of Directors has not reasonably determined that such Major Investor is a Competitor of the CompanyCompetitor:
Appears in 4 contracts
Samples: Investors’ Rights Agreement (CARGO Therapeutics, Inc.), Investors’ Rights Agreement (CARGO Therapeutics, Inc.), Investors’ Rights Agreement (Lexeo Therapeutics, Inc.)
Delivery of Financial Statements. The Company shall deliver to each Major Investor, provided that the Board of Directors has not reasonably determined that such Major Investor is (or, in the case of a Competitor Major Investor that is an individual, is employed by or serves as a consultant to) a competitor of the Company:
Appears in 4 contracts
Samples: Investors’ Rights Agreement (Omega Therapeutics, Inc.), Rights Agreement (Sigilon Therapeutics, Inc.), Rights Agreement (Sigilon Therapeutics, Inc.)
Delivery of Financial Statements. The Company shall deliver to each Major Investor, if requested by such Major Investor and provided that the Board of Directors of the Company has not reasonably determined that such Major Investor is a Competitor (as defined below) of the Company:
Appears in 3 contracts
Samples: ’ Rights Agreement, Investors’ Rights Agreement (Blue Apron Holdings, Inc.), Investors’ Rights Agreement (Blue Apron Holdings, Inc.)
Delivery of Financial Statements. The Company shall deliver to each Major InvestorInvestor , provided that the Board of Directors has not reasonably determined that such Major Investor is a Competitor of the Company:
Appears in 3 contracts
Samples: Investors’ Rights Agreement (Gain Therapeutics, Inc.), Investors’ Rights Agreement (Gain Therapeutics, Inc.), Investors’ Rights Agreement (Gain Therapeutics, Inc.)
Delivery of Financial Statements. The Company shall deliver to each Major Investor, provided that Investor (other than a Holder reasonably deemed by the Board of Directors has not reasonably determined that such Major Investor is Company to be a Competitor competitor of the Company:):
Appears in 3 contracts
Samples: Shareholders Agreement (TRIA Beauty, Inc.), Investors’ Rights Agreement (ReachLocal Inc), Investor Rights Agreement (Bayhill Therapeutics, Inc.)
Delivery of Financial Statements. The Company shall deliver to each Major Investor, provided that the Board of Directors has not reasonably determined that such Major Investor is a Competitor competitor of the Company:
Appears in 3 contracts
Samples: Investors’ Rights Agreement (Synthorx, Inc.), Investors’ Rights Agreement (Moderna, Inc.), Investors’ Rights Agreement (Moderna, Inc.)
Delivery of Financial Statements. The Company shall deliver to each Major Investor, provided that the Board of Directors has not reasonably determined that such Major Investor is not a Competitor of the Company:
Appears in 3 contracts
Samples: Voting Agreement (Ovid Therapeutics Inc.), Voting Agreement (Ovid Therapeutics Inc.), Investors’ Rights Agreement (Ovid Therapeutics Inc.)
Delivery of Financial Statements. The Company shall deliver to each Major Investor, provided that the Board of Directors has not reasonably determined that such Major Investor is a Competitor competitor of the Company:
Appears in 3 contracts
Samples: Adoption Agreement, Adoption Agreement (Rhythm Pharmaceuticals, Inc.), Adoption Agreement (Rhythm Pharmaceuticals, Inc.)
Delivery of Financial Statements. The Company shall deliver to each Major Investor, provided that the Board of Directors has not reasonably determined that such Major Investor is not a Competitor of the CompanyCompetitor:
Appears in 3 contracts
Samples: Investors’ Rights Agreement (Praxis Precision Medicines, Inc.), Investors’ Rights Agreement (IsoPlexis Corp), Rights Agreement (Praxis Precision Medicines, Inc.)
Delivery of Financial Statements. The Company shall deliver to each Major Investor, provided that the Board of Directors has not reasonably determined that such Major Investor is directly or indirectly through an Affiliate a Competitor competitor of the Company:
Appears in 3 contracts
Samples: Voting Agreement (Schrodinger, Inc.), Voting Agreement (Schrodinger, Inc.), Voting Agreement (Schrodinger, Inc.)
Delivery of Financial Statements. The Company shall deliver to each Major Investor, provided provided, that the Board of Directors has not reasonably determined that such Investor is, directly or indirectly, engaged in activity that is competitive with the business of the Company, provided, further, that the mere investment by a Major Investor that is a Competitor venture capital fund in other companies in the Company’s industry or participation on such company’s board of directors shall not, in and of itself, cause the Major Investor to be deemed, a competitor, of the Company:
Appears in 3 contracts
Samples: Joinder Agreement, Joinder Agreement (Carbon Black, Inc.), Joinder Agreement (Carbon Black, Inc.)
Delivery of Financial Statements. The Company shall deliver to each Major Investor, provided that the Board of Directors has not reasonably determined that such Major Investor is a Competitor of the CompanyCompetitor:
Appears in 2 contracts
Samples: Investors’ Rights Agreement (Ventyx Biosciences, Inc.), Investors’ Rights Agreement (Ncino, Inc.)
Delivery of Financial Statements. The Company shall deliver to each Major Significant Investor, provided that the Board of Directors has not reasonably determined that such Major Significant Investor is a Competitor of the Company:
Appears in 2 contracts
Samples: Investors’ Rights Agreement (OvaScience, Inc.), Investors’ Rights Agreement (OvaScience, Inc.)
Delivery of Financial Statements. The Company shall deliver to each Major Investor and each Investor advised or subadvised by Fidelity Management & Research Company or its affiliate (each such Investor, a “Fidelity Investor”), provided that the Board of Directors has not reasonably determined that such Major Investor is a Competitor of the CompanyCompetitor:
Appears in 2 contracts
Samples: Investors’ Rights Agreement (Karuna Therapeutics, Inc.), Investors’ Rights Agreement (Karuna Therapeutics, Inc.)
Delivery of Financial Statements. The Company shall deliver to each Major InvestorInvestor the required items listed below, provided that the Board of Directors has not reasonably determined that such Major Investor is a Competitor of the Company:
Appears in 2 contracts
Samples: Investors’ Rights Agreement (Rapport Therapeutics, Inc.), Investors’ Rights Agreement (Rapport Therapeutics, Inc.)
Delivery of Financial Statements. The Company shall deliver to each Major Investor, provided that the Board of Directors Directors, by a vote that includes at least two of the Preferred Directors, has not reasonably determined that such Major Investor is a Competitor competitor of the Company:
Appears in 2 contracts
Samples: Investors’ Rights Agreement (Opgen Inc), Investors’ Rights Agreement (Opgen Inc)
Delivery of Financial Statements. The Company shall deliver to each Major Investor; provided, provided that the Board of Directors has not reasonably determined that such Major Investor is a Competitor competitor of the Company:
Appears in 2 contracts
Samples: Investors’ Rights Agreement (Olo Inc.), Investors’ Rights Agreement (Olo Inc.)
Delivery of Financial Statements. The Company shall deliver to each Major Investor, provided that the Board of Directors (including a majority of the Preferred Directors) has not reasonably determined that such Major Investor is a Competitor of the CompanyCompetitor:
Appears in 2 contracts
Samples: Investors’ Rights Agreement, Investors’ Rights Agreement (AVROBIO, Inc.)
Delivery of Financial Statements. The Company shall deliver to each Major Preferred Investor, provided that the Board of Directors has not reasonably determined that such Major Preferred Investor is a Competitor competitor of the Company:
Appears in 2 contracts
Samples: Investors’ Rights Agreement (Hancock Jaffe Laboratories, Inc.), Investors’ Rights Agreement (Hancock Jaffe Laboratories, Inc.)
Delivery of Financial Statements. The Company shall deliver to each Major Investor, provided that the Board of Directors Directors, has not reasonably determined that such Major Investor is a Competitor competitor of the Company:
Appears in 2 contracts
Samples: Investors' Rights Agreement (FWHC Holdings, LLC), Investors’ Rights Agreement (H-Cyte, Inc.)
Delivery of Financial Statements. The Company shall deliver to each Major Investor, provided that the Board of Directors has not reasonably determined that such Major Investor is a Competitor competitor of the Company:Company (provided further that any Major Investor shall not be deemed a competitor of the Company as a result of its investment in other companies and SRI Holding, LLC (“Tyson”) and its Affiliates shall not be considered a competitor under any circumstances):
Appears in 2 contracts
Samples: Investors’ Rights Agreement (Beyond Meat, Inc.), Investors’ Rights Agreement (Beyond Meat, Inc.)
Delivery of Financial Statements. The Company shall deliver to each Major InvestorInvestor requesting such delivery; provided, provided that the Board of Directors has not reasonably determined in good faith that such Major Investor is a Competitor competitor of the Company:
Appears in 2 contracts
Samples: Investor Rights Agreement (ArcherDX, Inc.), Investor Rights Agreement (ArcherDX, Inc.)
Delivery of Financial Statements. The Company shall shall, upon request, deliver to each Major Investor and Fidelity Investor, provided that the Board of Directors has not reasonably determined that such Major Investor is a Competitor of the CompanyCompetitor:
Appears in 2 contracts
Samples: Investors’ Rights Agreement (Akouos, Inc.), Investors’ Rights Agreement (Akouos, Inc.)
Delivery of Financial Statements. The Company shall deliver to each Major Investor, provided that the Board of Directors has not reasonably determined that such Major Investor is a Competitor competitor of the Company, provided further that neither Foresite, Fidelity Xxxxxxxx nor New Leaf may be determined to be a competitor of the Company in any event for any purposes hereunder:
Appears in 2 contracts
Samples: ’ Rights Agreement, Rights Agreement (Wave Life Sciences Pte LTD)
Delivery of Financial Statements. The Company shall deliver to each Major Investor, provided provided, that the Board of Directors has not reasonably determined that such Major Investor is a Competitor competitor of the Company:
Appears in 2 contracts
Delivery of Financial Statements. The Company shall deliver to each Major InvestorStockholder, provided that the Board of Directors has not reasonably determined that such Major Investor Stockholder is a Competitor of the Company:
Appears in 2 contracts
Samples: Preferred Stock Purchase Agreement (Finch Therapeutics Group, Inc.), Preferred Stock Purchase Agreement (Finch Therapeutics Group, Inc.)
Delivery of Financial Statements. The Company shall deliver to each Major Investor, provided that the Board of Directors has not reasonably and in good faith determined that such Major Investor is a Competitor of the CompanyCompetitor:
Appears in 2 contracts
Samples: Stockholders Agreement (Erasca, Inc.), Stockholders Agreement (Erasca, Inc.)
Delivery of Financial Statements. The Company shall deliver to each Major Investor, provided that the Board of Directors has not reasonably determined that such Major Investor is a Competitor of the CompanyCompetitor:
Appears in 2 contracts
Samples: Investors’ Rights Agreement (Caribou Biosciences, Inc.), Investors’ Rights Agreement (Caribou Biosciences, Inc.)
Delivery of Financial Statements. The Company shall deliver to each Major Investor, provided that the Board of Directors has not reasonably determined that such Major Investor is a Competitor competitor of the Company; provided further that Sands Capital, RA Capital and Xxxxxxxxx shall not be determined to be a competitor of the Company for any purpose under this Agreement:
Appears in 2 contracts
Samples: Investors’ Rights Agreement (Acumen Pharmaceuticals, Inc.), Investors’ Rights Agreement (Acumen Pharmaceuticals, Inc.)
Delivery of Financial Statements. The Company shall will deliver to each Major Investor, provided that unless the Board of Directors has not reasonably determined in good faith that such Major Investor is a Competitor of the CompanyCompetitor:
Appears in 1 contract
Samples: Investors’ Rights Agreement (Aimmune Therapeutics, Inc.)
Delivery of Financial Statements. The Company shall deliver to each Major Investor, (provided that the Board of Directors has not reasonably determined that such Major Investor is a Competitor competitor of the Company:):
Appears in 1 contract
Samples: Investors’ Rights Agreement (Rain Therapeutics Inc.)
Delivery of Financial Statements. The Company shall deliver to each Major InvestorInvestor , provided that the Board of Directors has not reasonably determined that such Major Investor is a Competitor competitor of the Company:
Appears in 1 contract
Samples: Investors’ Rights Agreement (Life Spectacular, Inc.)
Delivery of Financial Statements. The Company shall deliver or make available, upon request, to each Major Investor, provided that the Board of Directors has not reasonably determined that such Major Investor is a Competitor competitor of the Company:
Appears in 1 contract
Delivery of Financial Statements. The Company shall deliver to each Major InvestorHolder, provided that the Board of Directors has not reasonably determined that such Major Investor Holder is a Competitor of the Company:
Appears in 1 contract
Delivery of Financial Statements. The Company shall deliver to each Major Investor, provided provided, that the Board of Directors has not reasonably determined that such Major Investor is a Competitor of the CompanyCompetitor:
Appears in 1 contract
Delivery of Financial Statements. The Company shall deliver to each Major Investor, provided provided, that the Board of Directors has not reasonably determined that such Major Investor is a Competitor competitor of the Company:
Appears in 1 contract
Delivery of Financial Statements. The Company shall deliver to each Major Investor, provided provided, that the Board of Directors Directors, including a majority of the Preferred Directors, has not reasonably determined that such Major Investor is a Competitor competitor of the Company; and provided further, that in no event may Arix, MPM, New Leaf, Ridgeback, Taiho and OrbiMed be determined to be a competitor of the Company:
Appears in 1 contract
Samples: Investors’ Rights Agreement (Harpoon Therapeutics, Inc.)
Delivery of Financial Statements. The Company shall deliver to each Major Investor, provided that the Board of Directors Managers has not reasonably determined that such Major Investor is a Competitor competitor of the Company:Company:
Appears in 1 contract
Samples: Investors’ Rights Agreement
Delivery of Financial Statements. The Company shall deliver to each Major Investor, provided provided, that the Board of Directors Directors, including a majority of the Preferred Directors, has not reasonably determined that such Major Investor is a Competitor competitor of the Company; and provided further, that in no event may Arix, MPM, New Leaf and Taiho be determined to be a competitor of the Company:
Appears in 1 contract
Samples: Investors’ Rights Agreement (Harpoon Therapeutics, Inc.)
Delivery of Financial Statements. The Company shall deliver to each Major each Investor, provided that the Board of Directors (including a majority of the Preferred Directors) has not reasonably determined that such Major Investor is a Competitor competitor of the Company:
Appears in 1 contract
Samples: Investors’ Rights Agreement (Checkmate Pharmaceuticals, Inc.)
Delivery of Financial Statements. The Company shall deliver to each Major Investor, provided that the Board of Directors Directors, as determined by a Special Board Approval, has not reasonably determined that such Major Investor is a Competitor of the Company:
Appears in 1 contract
Delivery of Financial Statements. The Company shall deliver to XXXX and each Major Investor, provided that the Board of Directors has not reasonably determined that such Major Investor or XXXX is or has become a Competitor competitor of the Company:
Appears in 1 contract
Delivery of Financial Statements. The Company shall deliver to each Major Investor, provided that the Board of Directors has not reasonably determined that such Major Investor is a Competitor of the Company:Company:
Appears in 1 contract
Samples: Stock Purchase Agreement
Delivery of Financial Statements. The Upon the written request of any Investor, the Company shall deliver to each Major such Investor, provided that the Board of Directors has not reasonably determined that such Major Investor is a Competitor of the CompanyCompetitor:
Appears in 1 contract
Delivery of Financial Statements. The Company shall shall, upon request, deliver to each Major Investor, provided that the Board of Directors has not reasonably determined that such Major Investor is a Competitor of the CompanyCompetitor:
Appears in 1 contract
Delivery of Financial Statements. The Company shall deliver to each Major Investor, provided that Investor (other than a Major Investor reasonably deemed by the Board of Directors has not reasonably determined that such Major Investor is to be a Competitor competitor of the Company:):
Appears in 1 contract
Samples: Investors' Rights Agreement (Anacor Pharmaceuticals Inc)
Delivery of Financial Statements. The Company shall deliver to each Major Investor, Investor (provided that the Board of Directors has not reasonably determined that such Major Investor is a Competitor competitor of the Company:):
Appears in 1 contract
Delivery of Financial Statements. The Company shall deliver to each Major Investor, provided that the Board of Directors has not reasonably determined that such Major Investor is a Competitor competitor of the Company (provided, further, that in no event shall JJDC or any of its Affiliates be deemed a competitor of the Company:):
Appears in 1 contract
Samples: Registration and Investor Rights Agreement (Provention Bio, Inc.)
Delivery of Financial Statements. The Company shall deliver to each Major InvestorInvestor upon request, provided that the Board of Directors has not reasonably determined that such Major Investor is a Competitor competitor of the Company:
Appears in 1 contract
Delivery of Financial Statements. The Company shall deliver to each Major Investor, Investor (provided that the Board of Directors has not reasonably determined that such Major Investor is a Competitor of the Company:Competitor):
Appears in 1 contract
Samples: Investors’ Rights Agreement (Kymera Therapeutics, Inc.)
Delivery of Financial Statements. The Company shall deliver to each Major InvestorInvestor30[, provided that the Board of Directors has not reasonably determined that such Major Investor is a Competitor competitor of the CompanyCompany31]:
Appears in 1 contract
Samples: Rights Agreement
Delivery of Financial Statements. The Company shall deliver to each Major Investor, provided that subject to such Major Investor not having been determined in good faith by the Board of Directors has not reasonably determined that such Major Investor is to be a Competitor competitor of the Company, deliver:
Appears in 1 contract
Samples: Investors’ Rights Agreement
Delivery of Financial Statements. The Company shall deliver to each Major Investor, provided that the Board of Directors Managers has not reasonably determined that such Major Investor is a Competitor of the Company:
Appears in 1 contract
Samples: Investors’ Rights Agreement (Day One Biopharmaceuticals Holding Co LLC)
Delivery of Financial Statements. The Company shall deliver to each Major Investor, ; provided that the Board of Directors has not reasonably determined that such Major Investor is a Competitor competitor of the Company:
Appears in 1 contract
Samples: Investors’ Rights Agreement (Elicio Therapeutics, Inc.)
Delivery of Financial Statements. The Company shall deliver to each Major Investor, provided that Investor (other than a Major Investor reasonably determined by the Board of Directors has not reasonably determined that such Major Investor is of the Company to be a Competitor competitor of the Company:):
Appears in 1 contract
Delivery of Financial Statements. The Company shall deliver to each Major Investor, provided that the Board of Directors has not reasonably determined in good faith that such Major Investor is a Competitor of the Company:
Appears in 1 contract
Samples: Investors’ Rights Agreement (Kiromic Biopharma, Inc.)
Delivery of Financial Statements. The Company shall deliver to each Major Investor, provided that Investor (other than a Major Investor reasonably deemed by the Board of Directors has not reasonably determined that such Major Investor is of the Company to be a Competitor competitor of the Company:):
Appears in 1 contract
Delivery of Financial Statements. The Company shall deliver to each Major InvestorStockholder, provided that the Board of Directors has not reasonably determined that such Major Investor Stockholder is a Competitor competitor of the Company:
Appears in 1 contract
Delivery of Financial Statements. The Company shall deliver to each Major Investor, provided that the Board of Directors has not reasonably determined that such Major Investor is a Competitor of the Company:
Appears in 1 contract
Delivery of Financial Statements. The Company shall deliver to each Major Investor; provided, provided that the Board of Directors has not reasonably determined that such Major Investor is a Competitor (provided that Major Investors that are venture capital funds or professional investment funds shall not be deemed Competitors solely as a result of the Company:their investments in other companies):
Appears in 1 contract
Samples: Investors’ Rights Agreement (Black Diamond Therapeutics, Inc.)
Delivery of Financial Statements. The Company shall deliver to each Major Investor, provided that the Board of Directors has not reasonably determined that such Major Investor is a Competitor competitor of the Company:
Appears in 1 contract
