Common use of Right to Appoint Observer Clause in Contracts

Right to Appoint Observer. For a period of two years from the Effective Date, upon notice from Rodman to the Company, Rodman shall have the right to send a representxxxxx (who need not be xxx xxme 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 Rodman and its counsel in connection with such representative's attendxxxx xt meetings of the Board of Directors; and provided further that upon written notice to Rodman, the Company may exclude the representative from meetings where, xx xhe written opinion of counsel for the Company, the representative's presence would destroy the attorney-client privilege. The Company agrees to give Rodman written notice of each such meeting and to provide Rodman with xx xxxnda and minutes of the meeting no later than it givex xxxx notice and provides such items to the other directors and to reimburse the representative of Rodman for its reasonable out-of-pocket expenses incurred in connectiox xxxx its attendance at the meeting, including but not limited to, food, lodging and transportation.