Wednesday, June 16, 2021 1:44:10 PM
I especially love the last line!
(With thanks also to ORNurse for helping bring the topic to our attention!)
Message in reply to:
Your last sentence reminded me that the loan agreement does allow Titan to exclude Medtronic from that type of meeting. Just posting for everyone’s reference.
“Borrower may, by giving prior or concurrent written notice to Lender, exclude the Lender Designee from attending any meeting of the board of directors and its committees, or relevant portion thereof, and/or from receiving any such notices, information and other materials provided to Borrower’s directors and committee members (as applicable), if and to the extent that, in the reasonable opinion of Borrower and Borrower’s counsel (i) such attendance or receipt of such information or materials would jeopardize or infringe any attorney-client privilege, attorney work product or other similar privilege or protection belonging to Borrower, (ii) the topic of such meeting or content of such information or materials (or, in each case, relevant portion thereof) relates to a matter in which the interests of Lender and Borrower are in conflict with each other”
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