Common use of Right to Appoint Observer Clause in Contracts

Right to Appoint Observer. Until the consummation of a Business Combination, upon notice from Xxxxxx Xxxxxx & Co. to the Company, Xxxxxx Xxxxxx & Co. shall have the right to send a representative (who need not be the same individual from meeting to meeting) to observe each meeting of the Board of Directors of the Company; provided that such representative shall sign a Regulation FD compliant confidentiality agreement which is reasonably acceptable to Xxxxxx Xxxxxx & Co. and its counsel in connection with such representative’s attendance at meetings of the Board of Directors; and provided further that upon written notice to Xxxxxx Xxxxxx & Co., the Company may exclude the representative from meetings where, in the written opinion of counsel for the Company, the representative’s presence would destroy the attorney-client privilege. The Company agrees to give Xxxxxx Xxxxxx & Co. written notice of each such meeting and to provide Xxxxxx Xxxxxx & Co. with an agenda and minutes of the meeting no later than it gives such notice and provides such items to the other directors and to reimburse the representative of Xxxxxx Xxxxxx & Co. for its reasonable out-of-pocket expenses incurred in connection with its attendance at the meeting, including but not limited to, food, lodging and transportation.

Appears in 9 contracts

Samples: Underwriting Agreement (Oakmont Acquisition Corp.), Underwriting Agreement (Oakmont Acquisition Corp.), Underwriting Agreement (Stone Tan China Acquisition Corp.)

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Right to Appoint Observer. Until the consummation of a Business Combination, upon notice from Xxxxxx Mxxxxx Xxxxxx & Co. to the Company, Xxxxxx Mxxxxx Xxxxxx & Co. shall have the right to send a representative (who need not be the same individual from meeting to meeting) to observe each meeting of the Board of Directors of the Company; provided that such representative shall sign a Regulation FD compliant confidentiality agreement which is reasonably acceptable to Xxxxxx Mxxxxx Xxxxxx & Co. and its counsel in connection with such representative’s attendance at meetings of the Board of Directors; and provided further that upon written notice to Xxxxxx Mxxxxx Xxxxxx & Co., the Company may exclude the representative from meetings where, in the written opinion of counsel for the Company, the representative’s presence would destroy the attorney-client privilege. The Company agrees to give Xxxxxx Mxxxxx Xxxxxx & Co. written notice of each such meeting and to provide Xxxxxx Mxxxxx Xxxxxx & Co. with an agenda and minutes of the meeting no later than it gives such notice and provides such items to the other directors and to reimburse the representative of Xxxxxx Mxxxxx Xxxxxx & Co. for its his reasonable out-of-pocket expenses incurred in connection with its his attendance at the meeting, including but not limited to, food, lodging and transportation.

Appears in 6 contracts

Samples: Underwriting Agreement (Camden Learning CORP), Underwriting Agreement (Redstar Partners, Inc.), Underwriting Agreement (Camden Learning CORP)

Right to Appoint Observer. Until the consummation of a Business Combination, upon notice from Xxxxxx Mxxxxx Xxxxxx & Co. to the Company, Xxxxxx Mxxxxx Xxxxxx & Co. shall have the right to send a representative (who need not be the same individual from meeting to meeting) to observe each meeting of the Board of Directors of the Company; provided that such representative shall sign a Regulation FD compliant confidentiality agreement which is reasonably acceptable to Xxxxxx Mxxxxx Xxxxxx & Co. and its counsel in connection with such representative’s attendance at meetings of the Board of Directors; and provided further that upon written notice to Xxxxxx Mxxxxx Xxxxxx & Co., the Company may exclude the representative from meetings where, in the written opinion of counsel for the Company, the representative’s presence would destroy the attorney-client privilege. The Company agrees to give Xxxxxx Mxxxxx Xxxxxx & Co. written notice of each such meeting and to provide Xxxxxx Mxxxxx Xxxxxx & Co. with an agenda and minutes of the meeting no later than it gives such notice and provides such items to the other directors and to reimburse the representative of Xxxxxx Mxxxxx Xxxxxx & Co. for its their reasonable out-of-pocket expenses incurred in connection with its their attendance at the meeting, including but not limited to, food, lodging and transportation.

Appears in 3 contracts

Samples: Form of Underwriting Agreement (Echo Healthcare Acquisition Corp.), Warrant Agreement (Echo Healthcare Acquisition Corp.), Warrant Agreement (Echo Healthcare Acquisition Corp.)

Right to Appoint Observer. Until the consummation of a Business Combination, upon notice from Xxxxxx Xxxxxx & Co. to the Company, Xxxxxx Xxxxxx & Co. shall have the right to send a representative (who need not be the same individual from meeting to meeting) to observe each meeting of the Board of Directors of the Company; provided that such representative shall sign a Regulation FD compliant confidentiality agreement which is reasonably acceptable to Xxxxxx Xxxxxx & Co. and its counsel in connection with such representative’s attendance at meetings of the Board of Directors; and provided further that upon written notice to Xxxxxx Xxxxxx & Co., the Company may exclude the representative from meetings where, in the written opinion of counsel for the Company, the representative’s presence would destroy the attorney-client privilege. The Company agrees to give Xxxxxx Xxxxxx & Co. written notice of each such meeting and to provide Xxxxxx Xxxxxx & Co. with an agenda and minutes of the meeting no later than it gives such notice and provides such items to the other directors and to reimburse the representative of Xxxxxx Xxxxxx & Co. for its their reasonable out-of-pocket expenses incurred in connection with its their attendance at the meeting, including but not limited to, food, lodging and transportation.

Appears in 3 contracts

Samples: Underwriting Agreement (H D Partners Acquisition CORP), Underwriting Agreement (H D Partners Acquisition CORP), Underwriting Agreement (HD Partners Acquisition CORP)

Right to Appoint Observer. Until the consummation of a Business Combination, upon notice from Xxxxxx Xxxxxx Jesup & Co. Lamont to the Company, Xxxxxx Xxxxxx Jesup & Co. Xxxxnt shall have the right to send tx xxxx a representative (who need not be the same individual from meeting to meeting) to observe each meeting of the Board of Directors of the Company; provided that such representative shall sign a Regulation FD compliant confidentiality agreement which is reasonably acceptable to Xxxxxx Xxxxxx Jesup & Co. Lamont and its counsel in connection conxxxxxxn with such representative’s 's attendance at meetings of the Board of Directors; and provided further that upon written notice to Xxxxxx Xxxxxx Jesup & Co.Lamont, the Company may exclude the excluxx xxx representative from meetings where, in the written opinion of counsel for the Company, the representative’s 's presence would destroy the attorney-client privilege. The Company agrees to give Xxxxxx Xxxxxx Jesup & Co. Lamont written notice of each such xxxx meeting and to provide Xxxxxx Xxxxxx Jesup & Co. Lamont with an agenda and minutes of minxxxx xf the meeting no later than it gives such notice and provides such items to the other directors and to reimburse the representative of Xxxxxx Xxxxxx Jesup & Co. Lamont for its reasonable out-ofxx-pocket xxcket expenses incurred in connection with its attendance at the meeting, including but not limited to, food, lodging and transportation.

Appears in 3 contracts

Samples: Underwriting Agreement (Pharmamatrix Acquisition CORP), Underwriting Agreement (Pharmamatrix Acquisition CORP), Underwriting Agreement (Pharmamatrix Acquisition CORP)

Right to Appoint Observer. Until the consummation of a Business Combination, upon notice from Xxxxxx Xxxxxx Jesup & Co. Lamont to the Company, Xxxxxx Xxxxxx Jesup & Co. Xxxxxt shall have the right to send xxxx a representative (who need not be the same individual from meeting to meeting) to observe each meeting of the Board of Directors of the Company; provided that such representative shall sign a Regulation FD compliant confidentiality agreement which is reasonably acceptable to Xxxxxx Xxxxxx Jesup & Co. Lamont and its counsel in connection connxxxxxx with such representative’s 's attendance at meetings of the Board of Directors; and provided further that upon written notice to Xxxxxx Xxxxxx Jesup & Co.Lamont, the Company may exclude the excludx xxx representative from meetings where, in the written opinion of counsel for the Company, the representative’s 's presence would destroy the attorney-client privilege. The Company agrees to give Xxxxxx Xxxxxx Jesup & Co. Lamont written notice of each such meeting xxxx xeeting and to provide Xxxxxx Xxxxxx Jesup & Co. Lamont with an agenda and minutes of minuxxx xx the meeting no later than it gives such notice and provides such items to the other directors and to reimburse the representative of Xxxxxx Xxxxxx Jesup & Co. Lamont for its reasonable out-ofxx-pocket xxxket expenses incurred in connection with its attendance at the meeting, including but not limited to, food, lodging and transportation.

Appears in 3 contracts

Samples: Underwriting Agreement (Pharmamatrix Acquisition CORP), Underwriting Agreement (Media & Entertainment Holdings, Inc.), Underwriting Agreement (Media & Entertainment Holdings, Inc.)

Right to Appoint Observer. Until the consummation of a Business Combination, upon notice from Xxxxxx Xxxxxx & Co. to the Company, Xxxxxx Xxxxxx & Co. shall have the right to send a representative (who need not be the same individual from meeting to meeting) to observe each meeting of the Board of Directors of the Company; provided that such representative shall sign a Regulation FD compliant confidentiality agreement which is reasonably acceptable to Xxxxxx Xxxxxx & Co. and its counsel in connection with such representative’s 's attendance at meetings of the Board of Directors; and provided further that upon written notice to Xxxxxx Xxxxxx & Co., the Company may exclude the representative from meetings where, in the written opinion of counsel for the Company, the representative’s 's presence would destroy the attorney-client privilege. The Company agrees to give Xxxxxx Xxxxxx & Co. written notice of each such meeting and to provide Xxxxxx Xxxxxx & Co. with an agenda and minutes of the meeting no later than it gives such notice and provides such items to the other directors and to reimburse the representative of Xxxxxx Xxxxxx & Co. for its their reasonable out-of-pocket expenses incurred in connection with its their attendance at the meeting, including but not limited to, food, lodging and transportation.

Appears in 3 contracts

Samples: Underwriting Agreement (Coconut Palm Acquisition Corp.), Underwriting Agreement (Coconut Palm Acquisition Corp.), Underwriting Agreement (Coconut Palm Acquisition Corp.)

Right to Appoint Observer. Until the consummation of a Business Combination, upon notice from Xxxxxx Xxxxxx & Co. to the Company, Xxxxxx Xxxxxx & Co. shall have the right to send a representative (who need not be the same individual from meeting to meeting) to observe each meeting of the Board of Directors of the Company; provided that such representative shall sign a Regulation FD compliant confidentiality agreement which is reasonably acceptable to Xxxxxx Xxxxxx & Co. and its counsel in connection with such representative’s attendance at meetings of the Board of Directors; and provided further that upon written notice to Xxxxxx Xxxxxx & Co., the Company may exclude the representative from meetings where, in the written opinion of counsel for the Company, the representative’s presence would destroy the attorney-client privilege. The Company agrees to give Xxxxxx Xxxxxx & Co. written notice of each such meeting and to provide Xxxxxx Xxxxxx & Co. with an agenda and minutes of the meeting no later than it gives such notice and provides such items to the other directors and to reimburse the representative of Xxxxxx Xxxxxx & Co. for its his reasonable out-of-pocket expenses incurred in connection with its his attendance at the meeting, including but not limited to, food, lodging and transportation.

Appears in 2 contracts

Samples: Underwriting Agreement (Camden Learning CORP), Underwriting Agreement (Camden Learning CORP)

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Right to Appoint Observer. Until the consummation of a Business Combination, upon notice from Jesup & Xxxxxx Xxxxxx & Co. to the Company, Jesup & Xxxxxx Xxxxxx & Co. shall have the right to send a representative (who need not be the same individual from meeting to meeting) to observe each meeting of the Board of Directors of the Company; provided that such representative shall sign a Regulation FD compliant confidentiality agreement which is reasonably acceptable to Jesup & Xxxxxx Xxxxxx & Co. and its counsel in connection with such representative’s attendance at meetings of the Board of Directors; and provided further that upon written notice to Xxxxxx Xxxxxx Jesup & Co.Xxxxxx, the Company may exclude the representative from meetings where, in the written opinion of counsel for the Company, the representative’s presence would destroy the attorney-client privilege. The Company agrees to give Jesup & Xxxxxx Xxxxxx & Co. written notice of each such meeting and to provide Jesup & Xxxxxx Xxxxxx & Co. with an agenda and minutes of the meeting no later than it gives such notice and provides such items to the other directors and to reimburse the representative of Jesup & Xxxxxx Xxxxxx & Co. for its reasonable out-of-pocket expenses incurred in connection with its attendance at the meeting, including but not limited to, food, lodging and transportation.

Appears in 1 contract

Samples: Underwriting Agreement (Everest Acquisition CORP)

Right to Appoint Observer. Until the consummation of a Business CombinationTransaction, upon notice from Xxxxxx Xxxxxx & Co. to the Company, Xxxxxx Xxxxxx & Co. shall have the right to send a representative (who need not be the same individual from meeting to meeting) to observe each meeting of the Board of Directors of the Company; provided that such representative shall sign a Regulation FD compliant confidentiality agreement which is reasonably acceptable to Xxxxxx Xxxxxx & Co. and its counsel in connection with such representative’s attendance at meetings of the Board of Directors; and provided further that upon written notice to Xxxxxx Xxxxxx & Co., the Company may exclude the representative from meetings where, in the written opinion of counsel for the Company, the representative’s presence would destroy the attorney-client privilege. The Company agrees to give Xxxxxx Xxxxxx & Co. written notice of each such meeting and to provide Xxxxxx Xxxxxx & Co. with an agenda and minutes of the meeting no later than it gives such notice and provides such items to the other directors and to reimburse the representative of Xxxxxx Xxxxxx & Co. for its his reasonable out-of-pocket expenses incurred in connection with its his attendance at the meeting, including but not limited to, food, lodging and transportation.

Appears in 1 contract

Samples: Underwriting Agreement (57th Street General Acquisition Corp)

Right to Appoint Observer. Until the consummation of a Business Combination, upon notice from Xxxxxx Xxxxxx Jesup & Co. Lamont to the Company, Xxxxxx Xxxxxx Jesup & Co. Lamont shall have the right to send a representative xxxxxxentative (who need not be the same xxx xame individual from meeting to meeting) to observe each meeting of the Board of Directors of the Company; provided that such representative shall sign a Regulation FD compliant confidentiality agreement which is reasonably acceptable to Xxxxxx Xxxxxx Jesup & Co. Lamont and its counsel in connection with such representative’s attendance 's attenxxxxx at meetings of the Board of Directors; and provided further that upon written notice to Xxxxxx Xxxxxx Jesup & Co.Lamont, the Company may exclude the representative from meetings wherewherx, in xx the written opinion of counsel for the Company, the representative’s 's presence would destroy the attorney-client privilege. The Company agrees to give Xxxxxx Xxxxxx Jesup & Co. Lamont written notice of each such meeting and to provide Xxxxxx Xxxxxx Jesup & Co. with Lamxxx xxth an agenda and minutes of the meeting no later than it gives such givxx xxxh notice and provides such items to the other directors and to reimburse the representative of Xxxxxx Xxxxxx Jesup & Co. Lamont for its reasonable out-of-pocket expenses incurred in connection with connectixx xxxh its attendance at the meeting, including but not limited to, food, lodging and transportation.

Appears in 1 contract

Samples: Underwriting Agreement (Pharmamatrix Acquisition CORP)

Right to Appoint Observer. Until the consummation of a Business Combination, upon notice from Xxxxxx Xxxxxx & Co. to the Company, Xxxxxx Xxxxxx & Co. shall have the right to send a representative (who need not be the same individual from meeting to meeting) to observe each meeting of the Board of Directors of the Company; provided that such representative shall sign a Regulation FD compliant confidentiality agreement which is reasonably acceptable to Xxxxxx Xxxxxx & Co. and its counsel in connection with such representative’s 's attendance at meetings of the Board of Directors; and provided further that upon written notice to Xxxxxx Xxxxxx & Co., the Company may exclude the representative from meetings where, in the written opinion of counsel for the Company, the representative’s 's presence would destroy the attorney-client privilege. The Company agrees to give Xxxxxx Xxxxxx & Co. written notice of each such meeting and to provide Xxxxxx Xxxxxx & Co. with an agenda and minutes of the meeting no later than it gives such notice and provides such items to the other directors and to reimburse the representative of Xxxxxx Xxxxxx & Co. for its reasonable out-of-pocket expenses incurred in connection with its attendance at the meeting, including but not limited to, food, lodging and transportation.

Appears in 1 contract

Samples: Underwriting Agreement (Aldabra Acquisition CORP)

Right to Appoint Observer. Until the consummation of a Business Combination, upon notice from Xxxxxx Xxxxxx & Co. to the Company, Xxxxxx Xxxxxx & Co. shall have the right to send a representative (who need not be the same individual from meeting to meeting) to observe each meeting of the Board of Directors of the Company; provided that such representative shall sign a Regulation FD compliant confidentiality agreement which is reasonably acceptable to Xxxxxx Xxxxxx & Co. and its counsel in connection with such representative’s 's attendance at meetings of the Board of Directors; and provided further that upon written notice to Xxxxxx Xxxxxx & Co., the Company may exclude the representative from meetings where, in the written opinion of counsel for the Company, the representative’s 's presence would destroy the attorney-client privilege. The Company agrees to give Xxxxxx Xxxxxx & Co. written notice of each such meeting and to provide Xxxxxx Xxxxxx & Co. with an agenda and minutes of the meeting no later than it gives such notice and provides such items to the other directors directors, and to reimburse the representative of Xxxxxx Xxxxxx & Co. for its reasonable out-of-pocket expenses incurred in connection with its attendance at the meeting, including but not limited to, food, lodging and transportation.

Appears in 1 contract

Samples: Underwriting Agreement (Aldabra Acquisition CORP)

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