Board Observer Agreement Sample Contracts
Board Observer AgreementBoard Observer Agreement • May 15th, 2023 • TENOR CAPITAL MANAGEMENT Co., L.P. • Orthopedic, prosthetic & surgical appliances & supplies • Delaware
This agreement (the “Agreement”) is made effective as of May 5, 2023 by and between Invacare Holdings Corporation, a Delaware corporation (the “Company”), and Tenor Capital Management company, L.P. (the “Investor”). Capitalized terms used but not defined herein shall have the meanings ascribed to such terms in the bylaws of the Company, as amended from time to time (the “Bylaws”).
ContractBoard Observer Agreement • March 12th, 2024 • International Game Technology PLC • Services-miscellaneous amusement & recreation • England
FORM OF FIRST AMENDMENT TO BOARD OBSERVER AGREEMENTBoard Observer Agreement • October 30th, 2024 • TENOR CAPITAL MANAGEMENT Co., L.P. • Orthopedic, prosthetic & surgical appliances & supplies • Delaware
This Amendment to Board Observer Agreement (this “Amendment”) is made as of October 29, 2024, by and between Invacare Holdings Corporation, a Delaware corporation (the “Company”), and ___________ (the “Investor”).
ContractBoard Observer Agreement • May 5th, 2020 • Brent
EX-10.13 6 y78797a2exv10w13.htm EX-10.13 Exhibit 10.13 Execution Version BOARD OBSERVER AGREEMENT THIS BOARD OBSERVER AGREEMENT (this “Agreement”), dated as of September 29, 2009, is made by and between AEI, a Cayman Islands company (the “Company”), and Ashmore Investment Management Limited as agent for and on behalf of the various funds and accounts to which it is appointed as investment manager or adviser (“Ashmore”). WHEREAS, certain funds that have appointed Ashmore as their investment advisor currently hold a significant portion of the outstanding ordinary shares of the Company; WHEREAS, the Company and Ashmore desire to provide herein for certain matters relating to the corporate governance of the Company; NOW, THEREFORE, in consideration of the premises, the mutual covenants and agreements contained herein, the parties hereto agree as follows: 1. Definitions. As used in this Agreement, the following terms shall have the meanings ascribed to them below: “Affiliate” shall mean, wi
EX-10.1 4 d406070dex101.htm EX-10.1 Execution Version BOARD OBSERVER AGREEMENTBoard Observer Agreement • May 5th, 2020 • Delaware
This BOARD OBSERVER AGREEMENT (this “Agreement”) dated as of September 1, 2017, by and between Genesis Energy, LLC a Delaware limited liability company (the “Company”), Genesis Energy, L.P. (the “Partnership” and, together with the Company, the “Genesis Entities”), Rodeo Finance Aggregator LLC, a Delaware limited liability company (“KKR”) and GSO Rodeo Holdings LP, a Delaware limited partnership (“GSO” and, together with KKR, the “Investors”). The Genesis Entities and the Investors are herein referred to as the “Parties” or, individually, as a “Party.”
BOARD OBSERVER AGREEMENTBoard Observer Agreement • September 30th, 2025 • Kodiak AI, Inc. • Services-computer integrated systems design • Delaware
This Board Observer Agreement (this “Agreement”), dated as of September 24, 2025, is made and entered into by and between Kodiak AI, Inc., a Delaware corporation (and successor-in-interest to Ares Acquisition Corporation II, a Cayman Islands exempt company, by way of domestication) (the “Purchaser”), and Ares Acquisition Holdings II LP, a Cayman Islands exempted limited partnership (the “Sponsor”). Capitalized terms used but not otherwise defined in this Agreement shall have the meanings given to them in the Business Combination Agreement.
FORM OF BOARD OBSERVER AGREEMENTBoard Observer Agreement • August 15th, 2025 • Kodiak Robotics, Inc. • Services-computer integrated systems design • Delaware
This Board Observer Agreement (this “Agreement”), dated as of [•], 2025, is made and entered into by and between Ares Acquisition Corporation II, a Cayman Islands exempt company (which shall domesticate as a Delaware corporation prior to the Closing) (the “Purchaser”), and Ares Acquisition Holdings II LP, a Cayman Islands exempted limited partnership (the “Sponsor”). Capitalized terms used but not otherwise defined in this Agreement shall have the meanings given to them in the Business Combination Agreement.
BOARD OBSERVER AGREEMENTBoard Observer Agreement • July 1st, 2020 • New York REIT Liquidating LLC • Real estate investment trusts
This Board Observer Agreement (this “Agreement”), dated as of June 30, 2020, is made by and between New York REIT Liquidating LLC, a Delaware limited liability company (the “Company”), and Joseph Moinian (“Mr. Moinian”).
KE 49564684 Exhibit WW OpCo Board Observer Agreement Case 15-01145 Doc 7467-8 Filed 10/03/17 Entered 10/03/17 19:43:57 Desc Exhibit WW Page 1 of 11 EXECUTION VERSION Error! Unknown document property name. BOARD OBSERVER AGREEMENTBoard Observer Agreement • May 5th, 2020 • Delaware
This Board Observer Agreement, dated as of October __, 2017 (this “Agreement”), is entered into by and between VICI Properties Inc., a Maryland corporation (together with its direct and indirect subsidiaries, “REIT”), and CEOC, LLC, a Delaware limited liability company (“CEOC”). REIT and CEOC are sometimes referred to collectively in this Agreement as the “Parties” and individually as a “Party”.
Reed’s, Inc. Board Observer AgreementBoard Observer Agreement • January 28th, 2025 • Reed's, Inc. • Bottled & canned soft drinks & carbonated waters • Delaware
This agreement (the “Agreement”) is made effective as of January 24, 2025, by Reed’s, Inc., a Delaware corporation (the “Company”), and D&D Source of Life Holding Ltd., a company domiciled in the Cayman Islands (the “Investor”).
Board Observer AgreementBoard Observer Agreement • November 21st, 2019 • Emerald Health Pharmaceuticals Inc. • Pharmaceutical preparations • Delaware
EMERALD HEALTH PHARMACEUTICALS INC., a corporation incorporated under the laws of Delaware, and having its office at 5910 Pacific Center Blvd, Ste 300, San Diego, CA 92121 (the “Corporation”)
January 13, 2023 Perry Cohen Dear Perry:Board Observer Agreement • January 13th, 2023 • Cohen Richard B • General industrial machinery & equipment, nec
This Board Observer Agreement (this “Agreement”) is made by and between Symbotic Inc., a Delaware corporation (the “Company”), and Perry Cohen, an individual resident of Massachusetts (the “Observer”).
BOARD OBSERVER AGREEMENTBoard Observer Agreement • February 20th, 2025 • Mudrick Capital Management, L.P. • Retail-auto dealers & gasoline stations • Delaware
This BOARD OBSERVER AGREEMENT, dated as of February 18, 2025 (this “Agreement”), is entered into by and among Vroom, Inc., a Delaware corporation (the “Company”) and Jason Mudrick, an individual (the “Board Observer”). The Company and the Board Observer are sometimes together referred to herein as the “Parties,” and each, a “Party.”
AGREEMENTBoard Observer Agreement • September 26th, 2016 • Quantum Corp /De/ • Computer storage devices • Delaware
This Agreement (this “Agreement”) is made and entered into as of September 23, 2016, by and among Quantum Corporation, a Delaware corporation (the “Company”), and the entities and natural persons listed on Exhibit A hereto and their respective Affiliates (collectively, “VIEX”) (each of the Company and VIEX, a “Party” to this Agreement, and collectively, the “Parties”).
BOARD OBSERVER AGREEMENTBoard Observer Agreement • April 5th, 2019 • TransMedics Group, Inc. • Electromedical & electrotherapeutic apparatus • Massachusetts
This BOARD OBSERVER AGREEMENT (this “Agreement”) dated as of April 5, 2019 (“Effective Date”) by and between TransMedics Group, Inc., a Massachusetts corporation (the “Company”), Abrams Capital Partners I, L.P., a Delaware limited partnership (“Abrams Capital I”), Abrams Capital Partners II, L.P., a Delaware limited partnership (“Abrams Capital II”), Great Hollow International, L.P., a Delaware limited partnership (“Great Hollow”), Riva Capital Partners III, L.P. (“Riva Capital”) and Whitecrest Partners, L.P., a Delaware limited partnership (“Whitecrest Partners” and, together with Abrams Capital I, Abrams Capital II, Great Hollow and Riva Capital, the “Abrams Capital Funds”).
BOARD OBSERVER AGREEMENTBoard Observer Agreement • October 6th, 2021 • New York REIT Liquidating LLC • Real estate investment trusts
This Board Observer Agreement (this “Agreement”), dated as of October 4, 2021, is made by and between New York REIT Liquidating LLC, a Delaware limited liability company (the “Company”), and John Lee (“Mr. Lee”).
Board Observer AgreementBoard Observer Agreement • February 27th, 2020 • Biomerica Inc • Dental equipment & supplies • Delaware
This agreement (the “Agreement”) is made effective as of February 26, 2020, by Biomerica, Inc., a Delaware corporation (the “Company”), and Palm Global Small Cap Master Fund LP, a Cayman Islands limited partnership (the “Investor”).
Board Observer AgreementBoard Observer Agreement • May 30th, 2018 • International Game Technology PLC • Services-miscellaneous amusement & recreation • England
This agreement (the “Agreement”) is made effective as of 18 May 2018, by International Game Technology PLC, a public limited company incorporated under the laws of England and Wales (the “Company”), and De Agostini S.p.A., a società per azioni organized under the laws of Italy (the “Shareholder”).
BOARD OBSERVER AGREEMENTBoard Observer Agreement • May 5th, 2020 • Colorado
THIS BOARD OBSERVER AGREEMENT (the "Agreement") dated as of October 13, 2008 (the "Effective Date") is made by and between Scott's Liquid Gold-Inc, a Colorado corporation (the "Company") and Value Fund Advisors, LLC, an Oklahoma limited liability company ("VFA").
BOARD OBSERVER AGREEMENTBoard Observer Agreement • August 14th, 2025 • TMC the Metals Co Inc. • Metal mining • British Columbia
This BOARD OBSERVER AGREEMENT (the “Agreement”) is entered into as of July 14, 2025 by and between TMC the metals company Inc., a company incorporated under the laws of British Columbia, Canada (the “Company”), and Yun B. Choi (the “Observer”).
BOARD OBSERVER AGREEMENTBoard Observer Agreement • February 5th, 2016 • G1 Therapeutics, Inc. • Pharmaceutical preparations • North Carolina
THIS BOARD OBSERVER AGREEMENT is entered into as of July 20, 2015 by and between G1 Therapeutics, Inc., a Delaware corporation (the “Company”), and Dr. Norman Sharpless (“Observer”).
BOARD OBSERVER AGREEMENTBoard Observer Agreement • April 18th, 2024 • Flexsteel Industries Inc • Household furniture • Iowa
THIS BOARD OBSERVER AGREEMENT, dated as of the 17th of April, 2024 (this “Agreement”), is made by and between FLEXSTEEL INDUSTRIES, INC., a Minnesota corporation (the “Company”), and F. Brooks Bertsch (“Observer”). Company and Observer may each individually be referred to as a “Party” and collectively as the “Parties.”
BOARD OBSERVER AGREEMENTBoard Observer Agreement • July 31st, 2014 • Evolving Systems Inc • Services-computer programming services • Colorado
THIS BOARD OBSERVER AGREEMENT (“Agreement”) is made effective as of the date set forth on the signature page (“Effective Date”) by and between Julian Singer, an individual (“Observer”), whose address is 2200 Fletcher Ave., 5th Floor, Fort Lee, NJ 07624 and Evolving Systems, Inc., a Delaware corporation (the “Company”), with principal place of business at 9777 Pyramid Ct., Suite 100, Englewood, CO 80112.
BOARD OBSERVER AGREEMENTBoard Observer Agreement • December 31st, 2020 • Sotherly Hotels Lp • Hotels & motels • New York
This Board Observer Agreement, dated effective as of December 31, 2020 (this “Agreement”), is entered into by and between Sotherly Hotels Inc., a Maryland corporation operating as a real estate investment trust (the “REIT”), and KWHP SOHO, LLC (the “Investor”). Capitalized terms used but not otherwise defined herein shall have the meaning ascribed to such terms in the Purchase Agreement (defined below).
BOARD OBSERVER AGREEMENTBoard Observer Agreement • March 11th, 2025 • Vroom, Inc. • Retail-auto dealers & gasoline stations • Delaware
This BOARD OBSERVER AGREEMENT, dated as of February 18, 2025 (this “Agreement”), is entered into by and among Vroom, Inc., a Delaware corporation (the “Company”) and Jason Mudrick, an individual (the “Board Observer”). The Company and the Board Observer are sometimes together referred to herein as the “Parties,” and each, a “Party.”
BOARD OBSERVER AGREEMENTBoard Observer Agreement • June 6th, 2022 • EVO Transportation & Energy Services, Inc. • Retail-auto dealers & gasoline stations • Arizona
THIS BOARD OBSERVER AGREEMENT (“Agreement”) dated as of the 31st day of May, 2022 (this “Agreement”), is made by and between EVO Transportation & Energy Services, Inc., a Delaware corporation (the “Company”), and Danny R. Cuzick (“Observer”).
BOARD OBSERVER AGREEMENTBoard Observer Agreement • June 18th, 2025 • Teleios Capital Partners GmbH • Rolling drawing & extruding of nonferrous metals • Delaware
This Board Observer Agreement (the “Agreement”) is made effective as of August 1 , 2024 by and between Quanex Building Products Corporation, a Delaware corporation (the “Company”) and TELEIOS GLOBAL OPPORTUNITIES MASTER FUND, LTD., a Cayman Islands exempted company (registered number 1017936) having its registered office at c/o: BNP Paribas Bank & Trust Cayman Limited, P. O. Box 2003, 3rd Floor, 720 West Bay Road, Buckingham Square, Grand Cayman, KY1-1104, Cayman Islands acting through its investment manager, TELEIOS CAPITAL PARTNERS LLC a Swiss limited liability company. (the “Holder”).
BOARD OBSERVER AGREEMENTBoard Observer Agreement • February 14th, 2022 • Zurn Water Solutions Corp • General industrial machinery & equipment • Delaware
This Board Observer Agreement (this “Agreement”) is made effective as of February 12, 2022 (the “Effective Date”), by and between Zurn Water Solutions Corporation, a Delaware corporation (“Zebra”) and Ronald C. Katz (the “Observer,” and together with Zebra, each a “Party,” and collectively, the “Parties”). Capitalized terms used but not defined herein shall have the meanings ascribed to such terms in the Merger Agreement (as defined below).
BOARD OBSERVER AGREEMENTBoard Observer Agreement • October 19th, 2018 • Aisling Capital IV, LP • Pharmaceutical preparations • Delaware
THIS BOARD OBSERVER AGREEMENT (this “Agreement”) is made as of October 17, 2018 (the “Effective Date”), between MARKER THERAPEUTICS, INC., a Delaware corporation formerly known as TapImmune Inc., a Nevada corporation (the “Company”), and AISLING CAPITAL IV, LP (the “Shareholder”). Unless otherwise specified herein, all of the capitalized terms used herein are defined in Section 3 hereof.
BOARD OBSERVER AGREEMENTBoard Observer Agreement • November 29th, 2022 • Innovative Food Holdings Inc • Wholesale-groceries, general line • Florida
THIS BOARD OBSERVER AGREEMENT, dated as of the 28th day of November, 2022 (this “Agreement”), is made by and between INNOVATIVE FOOD HOLDINGS, INC., a Florida corporation (the “Company”), and DENVER J. SMITH (“Observer”).
BOARD OBSERVER AGREEMENTBoard Observer Agreement • March 22nd, 2021 • Nn Inc • Ball & roller bearings • Delaware
This BOARD OBSERVER AGREEMENT (the “Agreement”) is entered into as of March 22, 2021, by and among NN, Inc., a Delaware corporation (the “Company”) and NHTV Nevada Holdings LP LP (“NHTV”).
BOARD OBSERVER AGREEMENTBoard Observer Agreement • January 29th, 2020 • Mri Interventions, Inc. • Surgical & medical instruments & apparatus • Delaware
This Board Observer Agreement, dated as of January 29, 2020 (this “Agreement”), is entered into by and between MRI Interventions, Inc., a Delaware corporation (the “Company”), and Petrichor Opportunities Fund I LP (the “Investor”). Capitalized terms used but not otherwise defined herein shall have the meaning ascribed to such terms in the Purchase Agreement (defined below).
BOARD OBSERVER AGREEMENTBoard Observer Agreement • June 30th, 2022 • First Person Ltd. • Medicinal chemicals & botanical products • Alberta
LEIIO WELLNESS LTD., a corporation incorporated and subsisting pursuant to the laws of the Province of Alberta (the Corporation).
BOARD OBSERVER AGREEMENTBoard Observer Agreement • June 27th, 2022 • Eargo, Inc. • Orthopedic, prosthetic & surgical appliances & supplies • New York
THIS BOARD OBSERVER AGREEMENT, dated as of June 24, 2022 (this “Agreement”), is made by and between Eargo, Inc., a Delaware corporation (the “Company”), and PSC Echo, LP (the “Investor”).
BOARD OBSERVER AGREEMENTBoard Observer Agreement • June 20th, 2025
This agreement (this “Agreement”) is entered into by and among between Vislink Technologies, Inc. (the “Company”) and the undersigned (together, the “Parties”), in connection with the Cooperation and Confidentiality Agreement dated as of June 12, 2025 entered into by and among the Company and certain entities affiliated with the undersigned (the “Cooperation Agreement”). Capitalized terms used and not defined herein shall have the meanings ascribed to them in the Cooperation Agreement. As set forth in the Cooperation Agreement, the Hale Capital Parties shall be entitled to appoint one Observer, which shall initially be the undersigned, subject to the conditions of Section 2(h) of the Cooperation Agreement.