Waiver of Conflict of Interest. Each Investor and the Company ------------------------------ is aware that Fenwick & West LLP ("F&W") may have previously performed and may continue to perform certain legal services for certain of the Investors in matters unrelated to F&W's representation of the Company. In connection with its Investor representation, F&W may have obtained confidential information of such Investors that could be material to F&W's representation of the Company in connection with negotiation, execution and performance of this Agreement. In addition, F&W Investments 2000, an affiliate of F&W, may invest as an Investor under the terms 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, waives any potential conflict of interest arising out of such representation or such possession of confidential information and consents to the investment by F&W Investments 2000. 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 8.10.
Appears in 1 contract
Samples: Series D Preferred Stock Purchase Agreement (Alladvantage Com Inc)
Waiver of Conflict of Interest. Each Investor Purchaser and the Company ------------------------------ is aware that Fenwick & West LLP ("“F&W"”) may have an investment in certain of the Purchasers or may have previously performed and may continue to perform certain legal services for certain of the Investors Purchasers in matters unrelated to F&W's ’s representation of the Company. In connection with its Investor Purchaser representation, F&W may have obtained confidential information of such Investors Purchasers that could be material to F&W's ’s representation of the Company in connection with negotiation, execution and performance of this Agreement. In addition, F&W Investments 2000, an affiliate of F&W, may invest as an Investor under the terms of this Agreement. By signing this Agreement, each Investor Purchaser and the Company hereby (a) acknowledges that the terms of this Agreement were negotiated between the Investors Purchasers and the Company and are fair and reasonableCompany, (b) waives any potential conflict of interest arising out of such representation (including any future representation of such parties) or such possession of confidential information and (c) consents to the investment by F&W Investments 2000. such affiliate of F&W. Each Investor Purchaser 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 8.106.18.
Appears in 1 contract
Samples: Series E Preferred Stock Purchase Agreement (LendingClub Corp)
Waiver of Conflict of Interest. Each Investor and the Company is ------------------------------ is aware that Fenwick & West LLP ("F&W") may have previously performed and may continue to perform certain legal services for certain of the Investors in matters unrelated to F&W's representation of the Company. In connection with its Investor representation, F&W may have obtained confidential information of such Investors that could be material to F&W's representation of the Company in connection with negotiation, execution and performance of this Agreement. In addition, F&W Investments 2000, an affiliate of F&W, may invest is investing as an Investor under the terms 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, reasonable and waives any potential conflict of interest arising out of such representation or such possession of confidential information and consents to the investment by F&W Investments 2000. F&W. 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 8.10.9.12. [REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]
Appears in 1 contract
Samples: Series G Preferred Stock Purchase Agreement (Oni Systems Corp)
Waiver of Conflict of Interest. Each Investor Purchaser and the Company ------------------------------ is aware that Fenwick Fxxxxxxxxx & West LLP Bxxxx, P.A. ("F&W"“F&B”) may have previously performed and may continue to perform certain legal services for certain of the Investors Purchasers in matters unrelated to F&W's F&B’s representation of the Company. In connection with its Investor Purchaser representation, F&W F&B may have obtained confidential information of such Investors Purchasers that could be material to F&W's F&B’s representation of the Company in connection with negotiation, execution and performance of this Agreement. In addition, F&W Investments 2000, an affiliate of F&WF&B, may invest be investing as an Investor a Purchaser under the terms of this Agreement. By signing this Agreement, each Investor Purchaser and the Company hereby acknowledges that the terms of this Agreement were negotiated between the Investors Purchasers and the Company and are fair and reasonable, reasonable and waives any potential conflict of interest arising out of such representation (including any future representation of such parties) or such possession of confidential information and consents to the investment by F&W Investments 2000. such affiliate of F&B. Each Investor Purchaser 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 8.107.14.
Appears in 1 contract
Samples: Series a Preferred Stock Purchase Agreement (Nephros Inc)
Waiver of Conflict of Interest. Each Investor Purchaser and the Company ------------------------------ is aware that Fenwick & West LLP ("“F&W"”) may have an investment in certain of the Purchasers or may have previously performed and may continue to perform certain legal services for certain of the Investors Purchasers in matters unrelated to F&W's ’s representation of the Company. In connection with its Investor Purchaser representation, F&W may have obtained confidential information of such Investors Purchasers that could be material to F&W's ’s representation of the Company in connection with negotiation, execution and performance of this Agreement. In addition, F&W Investments 2000, an affiliate of F&W, may invest as an Investor under the terms of this Agreement. By signing this Agreement, each Investor Purchaser and the Company hereby (a) acknowledges that the terms of this Agreement were negotiated between the Investors Purchasers and the Company and are fair and reasonableCompany, (b) waives any potential conflict of interest arising out of such representation (including any future representation of such parties) or such possession of confidential information and (c) consents to the investment by F&W Investments 2000. such affiliate of F&W. Each Investor Purchaser 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 8.106.17.
Appears in 1 contract
Samples: Series F Preferred Stock Purchase Agreement (LendingClub Corp)