Common use of Observation Rights Clause in Contracts

Observation Rights. 4.1 Without limiting any of the rights of the Investor in Article 3 hereinabove, if, at any time, less than three (3) Investor Representatives are serving on the Board for any reason, the Investor shall receive notice of and be entitled to have one (1) representative and one (1) advisor to such representative (or, at the Investor's election, two (2) representatives) attend as observers all meetings of the Board (except those portions thereof where confidential and non-public information will be disclosed or discussed) and of all committees thereof and at all meetings of the shareholders of the Corporation. Notice of such meetings shall be given to the Investor in the same manner and at the same time as to the members of the Board or such committees (which in any event shall not be less than forty-eight (48) hours prior to such meeting unless otherwise agreed to by the Investor in advance and in writing) and at the same time as to the shareholders of the Corporation, as the case may be. The Investor shall be provided with copies of (i) a meeting agenda, if any is prepared, (ii) all information that is provided to the members of the Board or such committees or to the shareholders of the Corporation (whether prior to, at, or subsequent to any such meetings), as the case may be, at the same time as such materials are provided to the members of the Board or such committee or to the shareholders of the Corporation, as the case may be, and (iii) copies of the minutes of all meetings of the Board and such committees and of all meetings of shareholders concurrently with the distribution of such minutes to one or more members of the Board or such committees or shareholders, as the case may be, but in no event later than forty-five (45) days after each such meeting.

Observation Rights. 4.1 Without limiting any of In addition to the rights of the Investor granted to LLCP in Article 3 hereinabovethis Section 1.1, if, at any time, less than three (3) Investor Representatives are no LLCP Representative is serving on the Board for any reason, the Investor LLCP shall receive notice of and be entitled to receive written notice of, and to have one (1) representative and one (1) advisor to such representative (or, at the InvestorLLCP's election, two (2) representatives) attend as observers at, all meetings of the Board (except those portions thereof where confidential and non-public information will be disclosed or discussed) and of all committees thereof thereof) and at all meetings of the shareholders of the CorporationCompany. Notice Written notice of all such meetings shall be given to the Investor LLCP in the same manner and at the same time time, to the extent permitted by Applicable Laws, as to the members of the Board or such committees (which in any event shall not be less than forty-eight (48) hours prior to such meeting unless otherwise agreed to by the Investor LLCP in advance and in writing) and at the same time as to the shareholders of the CorporationCompany, as the case may be. The Investor Company shall be provided furnish LLCP with copies of (i) a the meeting agenda, if any is prepared, (ii) all information that is provided furnished to the members of the Board (or such committees committees) or to the shareholders of the Corporation Company (whether prior to, at, or subsequent to any such meetings), as the case may be, at the same time as such materials are provided furnished to the members of the Board or such committee or to the shareholders of the CorporationCompany, as the case may be, and (iii) copies of the minutes of all meetings of the Board (and such committees committees) and of all meetings of shareholders concurrently with the distribution of such minutes to one or more members of the Board (or such committees committees) or shareholders, as the case may be, but in no event later than forty-five (45) days after each such meeting.

Observation Rights. 4.1 Without limiting any of the rights of the Investor in Article 3 hereinabove, ifIf, at any time, less than three (3) Investor Representatives are no LLCP Representative is serving on the Board of Directors for any reason, the Investor LLCP shall receive notice of and be entitled to have one (1) representative and one (1) advisor to such representative (or, at the InvestorLLCP's election, two (2) representatives) attend as observers at all meetings of the Board (except those portions thereof where confidential and non-public information will be disclosed or discussed) of Directors and of all committees thereof and at all meetings of the shareholders of the CorporationCompany. Notice of such meetings shall be given to the Investor LLCP in the same manner and at the same time as that given to the members of the Board of Directors or such committees (which in any event shall not be less than forty-eight (48) 48 hours prior to such meeting unless otherwise agreed to by the Investor in advance and in writingLLCP) and at the same time as to the shareholders of the CorporationCompany, as the case may be. The Investor LLCP shall be provided with copies of (i) a meeting agenda, if any is prepared, (ii) all information that which is provided to the members of the Board of Directors or such committees or to the shareholders of the Corporation Company (whether prior to, at, or subsequent to any such meetings), as the case may be, at the same time as such materials are provided to the members of the Board of Directors or such committee or to the shareholders of the CorporationCompany, as the case may be, and (iii) copies of the minutes of all meetings of the Board of Directors and such committees and of all meetings of shareholders concurrently with the distribution of such minutes to one or more members of the Board of Directors or such committees or shareholders, as the case may be, but in no event later than forty-five (45) days after each such meeting.

Observation Rights. 4.1 Without limiting any The Company shall invite two (2) ------------------ representatives of the rights of the Investor in Article 3 hereinabove, if, at any time, less than three (3) Investor Representatives are serving on the Board for any reason, the Investor shall receive notice of and be entitled to have one (1) representative and LLCP plus one (1) advisor to such representative (or, at the Investor's election, two (2) representatives) attend as observers in a non-voting observer capacity all meetings of the Company Board (except those portions thereof where confidential and non-public information will be disclosed or discussed) the committees thereof, all meetings of the board of directors of the Company's subsidiaries and of all the committees thereof and at all meetings of the shareholders stockholders of the CorporationCompany. Notice of such meetings shall be given to the Investor LLCP in the same manner and at the same time as to the members Company Board, such subsidiary boards or the stockholders of the Board Company or such committees committees, as the case may be (which in any event shall not be less than then forty-eight (48) hours prior to such meeting unless otherwise agreed to by the Investor in advance and LLCP in writing) and at the same time as to the shareholders of the Corporation, as the case may be). The Investor LLCP shall be provided with copies of (i) all information (including a meeting agenda, if any one is prepared, (ii) all information that is provided to the members Company Board, subsidiary boards, stockholders of the Board Company or such committees or to the shareholders of the Corporation (whether prior to, at, or subsequent to any such meetings)committees, as the case may be, at the same time as such materials are provided to the members Company Board or stockholders of the Board Company, or such committee committees or to the shareholders of the Corporationsubsidiary boards, as the case may be, and (iiiii) copies of the minutes of all meetings of the Board Company Board, subsidiary boards or stockholders of the Company and such committees and of all meetings of shareholders concurrently with the distribution of such minutes to one or more members member of the Board Company Board, board of directors of the Company's subsidiaries or Stockholders of the Company or such committees or shareholderscommittees, as the case may be, but in no event later than forty-five thirty (4530) days after each such meeting. The parties hereto shall ensure that no board, committee or other governing body of the Company or any of its subsidiaries meets in any informal capacity where decisions are made without a representative of LLCP in attendance.

Observation Rights. 4.1 Without limiting any of In addition to the rights of the Investor granted to LLCP in Article 3 hereinabovethis Section 1.1, if, at any time, less than three (3) Investor Representatives are serving on the Board time and for any reason, no LLCP Representative is serving on the Investor Board, LLCP shall receive notice of and be entitled to receive written notice of, and to have one (1) representative and one (1) advisor to such representative (or, at the InvestorLLCP's election, two (2) representatives) attend as observers at all meetings of the Board (except those portions thereof where confidential and non-public information will be disclosed or discussed) and of all committees thereof thereof) and at all meetings of the shareholders of the CorporationCompany. Notice Written notice of all such meetings shall be given to the Investor LLCP in the same manner and at the same time time, to the extent permitted by Applicable Laws, as to the members of the Board or such committees (which in any event shall not be less than forty-eight (48) hours prior to such meeting unless otherwise agreed to by the Investor LLCP in advance and in writing) and at the same time as to the shareholders of the CorporationCompany, as the case may be. The Investor Company shall be provided furnish LLCP with copies of (i) a the meeting agenda, if any is prepared, (ii) all information that is provided furnished to the members of the Board (or such committees committees) or to the shareholders of the Corporation Company (whether prior to, at, or subsequent to any such meetings), as the case may be, at the same time as such materials are provided furnished to the members of the Board or such committee or to the shareholders of the CorporationCompany, as the case may be, and (iii) copies of the minutes of all meetings of the Board (and such committees committees) and of all meetings of shareholders concurrently with the distribution of such minutes to one or more members of the Board (or such committees committees) or shareholders, as the case may be, but in no event later than forty-five (45) days after each such meeting.

Observation Rights. 4.1 Without limiting any of the rights of the Investor in Article 3 hereinabove, if, If at any time, less than three (3) Investor Representatives are no LLCP Representative is serving on the Board for any reason, the Investor LLCP shall receive notice of and be entitled to have one (1) representative and one (1) advisor to such representative (or, at the InvestorLLCP's election, two (2) representatives) attend as observers at all meetings of the Board (except those portions thereof where confidential and non-public information will be disclosed or discussed) and of all committees thereof and at all meetings of the shareholders of the CorporationCompany. Notice of such meetings shall be given to the Investor LLCP in the same manner and at the same time as to the members of the Board or such committees (which in any event shall not be less than forty-eight (48) 48 hours prior to such meeting unless otherwise agreed to by the Investor in advance and in writingLLCP) and at the same time as to the shareholders of the CorporationCompany, as the case may be. The Investor LLCP shall be provided with copies of (i) a meeting agenda, if any is prepared, (ii) all information that which is provided to the members of the Board or such committees or to the shareholders of the Corporation Company (whether prior to, at, or subsequent to any such meetings), as the case may be, at the same time as such materials are provided to the members of the Board or such committee or to the shareholders of the CorporationCompany, as the case may be, and (iii) copies of the minutes of all meetings of the Board and such committees and of all meetings of shareholders concurrently with the distribution of such minutes to one or more members of the Board or such committees or shareholders, as the case may be, but in no event later than forty-five (45) days after each such meeting.

Observation Rights. 4.1 Without limiting any of the rights of the Investor LLCP in Article 3 hereinabove------------------ Section 1, if, at any time, less than three (3) Investor Representatives are no LLCP Representative is serving on the Board for --------- any reason, the Investor LLCP shall receive notice of and be entitled to have one (1) representative and one (1) advisor to such representative (or, at the InvestorLLCP's election, two (2) representatives) attend as observers all meetings of the Board (except those portions thereof where confidential and non-public information will be disclosed or discussed) and of all committees thereof and at all meetings of the shareholders of the CorporationCompany. Notice of such meetings shall be given to the Investor LLCP in the same manner and at the same time as to the members of the Board or such committees (which in any event shall not be less than forty-eight (48) hours prior to such meeting unless otherwise agreed to by the Investor LLCP in advance and in writing) and at the same time as to the shareholders of the CorporationCompany, as the case may be. The Investor LLCP shall be provided with copies of (i) a meeting agenda, if any is prepared, (ii) all information that is provided to the members of the Board or such committees or to the shareholders of the Corporation Company (whether prior to, at, or subsequent to any such meetings), as the case may be, at the same time as such materials are provided to the members of the Board or such committee or to the shareholders of the CorporationCompany, as the case may be, and (iii) copies of the minutes of all meetings of the Board and such committees and of all meetings of shareholders concurrently with the distribution of such minutes to one or more members of the Board or such committees or shareholders, as the case may be, but in no event later than forty-five (45) days after each such meeting.

Observation Rights. 4.1 Without limiting any of the rights of the Investor LLCP in Article 3 hereinabovethis Section 1, if, at and whether or not any time, less than three (3) Investor Representatives are LLCP Representative is then serving on the Board for any reasonBoard, the Investor LLCP shall receive notice of and be entitled to have have, at LLCP's option, two (2) representatives or one (1) representative and one (1) advisor to such representative (orrepresentative, at the Investor's election, two (2) representatives) attend as observers all meetings of the Board (except those portions thereof where confidential and non-public information will be disclosed or discussed) and of all committees thereof and at all meetings of the shareholders of the CorporationCompany. Notice of such meetings shall be given to the Investor LLCP in the same manner and at the same time as to the members of the Board or such committees (which in any event shall not be less than forty-eight (48) hours prior to such meeting unless otherwise agreed to by the Investor LLCP in advance and in writing) and at the same time as to the shareholders of the CorporationCompany, as the case may be. The Investor LLCP shall be provided with copies of (i) a meeting agenda, if any is prepared, (ii) all information that is provided to the members of the Board or such committees or to the shareholders of the Corporation Company (whether prior to, at, or subsequent to any such meetings), as the case may be, at the same time as such materials are provided to the members of the Board or such committee or to the shareholders of the CorporationCompany, as the case may be, and (iii) copies of the minutes of all meetings of the Board and such committees and of all meetings of shareholders concurrently with the distribution of such minutes to one or more members of the Board or such committees or shareholders, as the case may be, but in no event later than forty-five (45) days after each such meeting.

Observation Rights. 4.1 Without limiting any of the rights of the Investor LLCP in Article 3 hereinabovethis SECTION 1, if, at and whether or not any time, less than three (3) Investor Representatives are LLCP Representative is then serving on the Board for any reasonBoard, the Investor LLCP shall receive notice of and be entitled to have have, at LLCP's option, two (2) representatives or one (1) representative and one (1) advisor to such representative (orrepresentative, at the Investor's election, two (2) representatives) attend as observers all meetings of the Board (except those portions thereof where confidential and non-public information will be disclosed or discussed) and of all committees thereof and at all meetings of the shareholders of the CorporationCompany. Notice of such meetings shall be given to the Investor LLCP in the same manner and at the same time as to the members of the Board or such committees (which in any event shall not be less than forty-eight (48) hours prior to such meeting unless otherwise agreed to by the Investor LLCP in advance and in writing) and at the same time as to the shareholders of the CorporationCompany, as the case may be. The Investor LLCP shall be provided with copies of (i) a meeting agenda, if any is prepared, (ii) all information that is provided to the members of the Board or such committees or to the shareholders of the Corporation Company (whether prior to, at, or subsequent to any such meetings), as the case may be, at the same time as such materials are provided to the members of the Board or such committee or to the shareholders of the CorporationCompany, as the case may be, and (iii) copies of the minutes of all meetings of the Board and such committees and of all meetings of shareholders concurrently with the distribution of such minutes to one or more members of the Board or such committees or shareholders, as the case may be, but in no event later than forty-five (45) days after each such meeting.

Observation Rights. 4.1 Without limiting any of the rights of the Investor LLCP in Article 3 hereinabovethis SECTION 1, if, at and whether or not any time, less than three (3) Investor Representatives are LLCP Representative is then serving on the Board for any reasonBoard, the Investor Company shall receive notice invite two (2) representatives of and be entitled to have LLCP or one (1) representative and of LLCP plus one (1) advisor to such representative (or, at the Investor's election, two (2) representatives) attend as observers in a non-voting observer capacity all meetings of the Board (except those portions thereof where confidential and non-public information will be disclosed or discussed) and of all the committees thereof and at all meetings of the shareholders of the CorporationCompany. Notice of such meetings shall be given to the Investor LLCP in the same manner and at the same time as to the members of the Board or such committees or such shareholders, as the case may be (which in any event shall not be less than then forty-eight (48) hours prior to such meeting unless otherwise agreed to by the Investor LLCP in advance and in writing) and at the same time as to the shareholders of the Corporation, as the case may be). The Investor LLCP shall be provided with copies of (ia) a meeting agenda, if any is prepared, (iib) all information that is provided to the members of the Board or such committees or to the such shareholders of the Corporation (whether prior to, at, or subsequent to any such meetings), as the case may be, at the same time as such materials are provided to the members of the Board or such committee or to the shareholders of the Corporationsuch shareholders, as the case may be, and (iiic) copies of the minutes of all meetings of the Board and such committees and of all meetings of or such shareholders concurrently with the distribution of such minutes to one or more members of the Board or such committees or such shareholders, as the case may be, but in no event later than forty-five (45) days after each such meeting.