Common use of Waiver of Potential Conflicts of Interest Clause in Contracts

Waiver of Potential Conflicts of Interest. Each of the Holders and the Company acknowledges that Xxxxxx Xxxxxxx Xxxxxxxx & Xxxxxx, Professional Corporation (“WSGR”) may have represented and may currently represent such Holder and other Holders in matters unrelated to the transactions contemplated by this Agreement. In the course of such representation, WSGR may have come into possession of confidential information relating to such Holders. Each of the Holders and the Company acknowledges that WSGR is representing only the Company in this transaction. Each of the Holders and the Company understands that an affiliate of WSGR is a Holder under this Agreement. Pursuant to Rule 3-310 of the Rules of Professional Conduct promulgated by the State Bar of California, an attorney must avoid representations in which the attorney has or had a relationship with another party interested in the representation without the informed written consent of all parties affected. By executing this Agreement, each of the Holders and the Company hereby waives any actual or potential conflict of interest that may arise in this financing as a result of WSGR’s representation of such persons or entities in the financing, WSGR’s possession of such confidential information and the rights of WSGR’s affiliate as a Holder under this Agreement. Each of the Holders and the Company represents that it has had the opportunity to consult with independent counsel concerning the giving of this waiver.

Appears in 2 contracts

Samples: Registration Rights Agreement (Bloom Energy Corp), Registration Rights Agreement (Bloom Energy Corp)

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Waiver of Potential Conflicts of Interest. Each of the Holders Investors and the Company acknowledges that Xxxxxx Xxxxxxx Xxxxxxxx & Xxxxxx, Professional Corporation (“WSGR”) may have represented and may currently represent such Holder and other Holders in matters unrelated to certain of the transactions contemplated by this AgreementInvestors. In the course of such representation, WSGR may have come into possession of confidential information relating to such HoldersInvestors. Each of the Holders Investors and the Company acknowledges that WSGR is representing only the Company in this transaction. Each of the Holders Investors and the Company understands that an affiliate of WSGR is a Holder may also be an Investor under this AgreementAgreement or may otherwise be an equity holder of the Company. Pursuant to Rule 3-310 of the Rules of Professional Conduct promulgated by the State Bar of California, an attorney must avoid representations in which the attorney has or had a relationship with another party interested in the representation without the informed written consent of all parties affected. By executing this Agreement, each of the Holders Investors and the Company hereby waives any actual or potential conflict of interest that which may arise in this financing as a result of WSGR’s representation of such persons or entities in the financingand entities, WSGR’s possession of such confidential information and the rights of participation by WSGR’s affiliate as a Holder under this Agreementin the financing. Each of the Holders Investors and the Company represents that it has had the opportunity to consult with independent counsel concerning the giving of this waiver.. * * * * *

Appears in 2 contracts

Samples: Preferred Stock Purchase Agreement (Occam Networks Inc/De), Preferred Stock Purchase Agreement (Occam Networks Inc/De)

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Waiver of Potential Conflicts of Interest. Each of the Holders Investors and the Company acknowledges that Xxxxxx Wxxxxx Xxxxxxx Xxxxxxxx & XxxxxxRxxxxx, Professional Corporation (“WSGR”) may have represented and may currently represent such Holder and other Holders in matters unrelated to certain of the transactions contemplated by this AgreementInvestors. In the course of such representation, WSGR may have come into possession of confidential information relating to such HoldersInvestors. Each of the Holders Investors and the Company acknowledges that WSGR is representing only the Company in this transaction. Each of the Holders Investors and the Company understands that an affiliate of WSGR is a Holder may also be an Investor under this AgreementAgreement or may otherwise be an equity holder of the Company. Pursuant to Rule 3-310 of the Rules of Professional Conduct promulgated by the State Bar of California, an attorney must avoid representations in which the attorney has or had a relationship with another party interested in the representation without the informed written consent of all parties affected. By executing this Agreement, each of the Holders Investors and the Company acknowledges that the terms of this Agreement were negotiated between the Investors and the Company and are fair and reasonable and hereby waives any actual or potential conflict of interest that which may arise in this financing as a result of WSGR’s representation of such persons or entities in the financingand entities, WSGR’s possession of such confidential information and the rights of participation by WSGR’s affiliate as a Holder under this Agreementin the financing. Each of the Holders Investors and the Company represents that it has had the opportunity to consult with independent counsel concerning the giving of this waiver.

Appears in 1 contract

Samples: Preferred Stock Purchase Agreement (Occam Networks Inc/De)

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