Waiver of Conflict of Interest. Each Investor and the Company is aware that Witherspoon, Kelley, Xxxxxxxxx & Xxxxx, X.X. (“Xxxxxxxxxxx Xxxxxx”) may have previously performed and may continue to perform certain legal services for certain of the Investors in matters unrelated to Witherspoon Kelley's representation of the Company. In connection with its Investor representation, Xxxxxxxxxxx Xxxxxx may have obtained confidential information of such Investors that could be material to Witherspoon Kelley's representation of the Company in connection with negotiation, execution and performance of this Agreement. By signing this Agreement, each Investor and the Company hereby acknowledges that the terms of this Agreement were negotiated between the Investors and the Company and are fair and reasonable and waives any potential conflict of interest arising out of such representation or such possession of confidential information. Each Investor and the Company further represents that it has had the opportunity to be, or has been, represented by independent counsel in giving the waivers contained in this Section 7.5.
Appears in 2 contracts
Samples: Series C Preferred Stock and Common Stock Purchase Agreement (Northwest Bancorporation Inc), Series C Preferred Stock and Common Stock Purchase Agreement (Northwest Bancorporation Inc)
Waiver of Conflict of Interest. Each Investor and the Company is aware that Witherspoon, Kelley, Xxxxxxxxx & Xxxxx, X.X. (“Xxxxxxxxxxx Xxxxxx”) may have previously performed and may continue to perform certain legal services for certain of the Investors in matters unrelated to Witherspoon Kelley's representation of the Company. In connection with its Investor representation, Xxxxxxxxxxx Xxxxxx may have obtained confidential information of such Investors that could be material to Witherspoon Kelley's representation of the Company in connection with negotiation, execution and performance of this Agreement. By signing this Agreement, each Investor and the Company hereby acknowledges that the terms of this Agreement were negotiated between the Investors and the Company and are fair and reasonable and waives any potential conflict of interest arising out of such representation or such possession of confidential information. Each Investor and the Company further represents that it has had the opportunity to be, or has been, represented by independent counsel in giving the waivers contained in this Section 7.57.4.
Appears in 2 contracts
Samples: Series D Preferred Stock Purchase Agreement (Northwest Bancorporation Inc), Series D Preferred Stock Purchase Agreement (Northwest Bancorporation Inc)
