Business Dealings with the Company. Subject to Sections 4.1(a) (Matters Requiring the Approval of the Members) and 5.1(d) (Matters Requiring the Approval of the Board of Executive Officers), the Company may enter into contracts or agreements, or otherwise enter into transactions or dealings, with any Member or any of their respective Affiliates, and derive and retain profits therefrom. The validity of any such contract, agreement, transaction or dealing or any payment or profit related thereto or derived therefrom shall not be affected by any relationship between the Company and any Member or any of their respective Affiliates, subject to the Companies Act. The Members agree that where practicable and contractually allowable (based on competitive price, availability and other material terms), the Board of Executive Officers will consider whether to utilize any Member or any of their respective Affiliates as the preferred providers of products and services that may be required in the manufacturing operations of the Company, subject to the ability of such Member or Affiliate to meet the Company’s manufacturing requirements on competitive terms. Unless otherwise approved by the Members or otherwise expressly provided in the FF Operative Documents, all business dealings of the Company with any Member or any of their respective Affiliates shall be on the most beneficial standard commercial terms and conditions, including volume, price and credit terms, currently offered or made available to unaffiliated customers by such Member or Affiliate, as the case may be, with respect to the products and services to be offered and provided to the Company.
Business Dealings with the Company. Subject to the provisions set forth in Sections 4.01(a) (Matters Requiring the Approval of the Unitholders) and
5.01 (d) (Matters Requiring the Approval of the Board of Directors), the Company may enter into contracts or agreements, or otherwise enter into transactions or dealings, with any Unitholder or any of their respective Affiliates, and derive and retain profits therefrom. The validity of any such contract, agreement, transaction or dealing or any payment or profit related thereto or derived therefrom shall not be affected by any relationship between the Company and any Unitholder or any of their respective Affiliates, subject to the Japan Act. The Unitholders agree that where practicable and contractually allowable (based on competitive price, availability and other material terms), the Board of Directors will consider whether to utilize any Unitholder or any of their respective Affiliates as the preferred providers of products and services that may be required in the manufacturing operations of the Company, subject to the ability of such Unitholder or Affiliate to meet the Company's manufacturing requirements on competitive terms. Unless otherwise approved by the Unitholders or otherwise expressly provided in the Operative Documents, all business dealings of the Company with any Unitholder or any of their respective Affiliates shall be on the most beneficial standard commercial terms and conditions, including volume, price and credit terms, currently offered or made available to unaffiliated customers by such Unitholder or Affiliate, as the case may be, with respect to the products and services to be offered and provided to the Company.
Business Dealings with the Company. (a) A Member or any Affiliate thereof may lend money to, borrow money from, act as a surety, guarantor or endorser for, guaranty or assume one or more obligations of, provide collateral for or enter into any other contract, action or transaction with the Company and derive and retain the profits therefrom, if either of the following apply: (i) the material facts as to such Member’s or Affiliate’s relationship or interest and as to the contract, action or transaction are disclosed or are known to the Members or Board of Managers, as appropriate, and such contract, action or transaction is approved by the Members or Board of Managers, as appropriate, or (ii) the contract, action or transaction is fair to the Company as of the time it is authorized or approved by the Members or Board of Managers, as appropriate. The validity of any such transaction or dealing or any payment or profit related thereto or derived therefrom shall not be affected by any relationship between the Company and such Member or any of its Affiliates.
(b) If and to the extent that any Member is required to or contracts with the Company to provide services to the Company that are (i) principally for the benefit of the Company and (ii) outside the scope of the Member’s obligations under this Agreement or any other agreement executed or delivered in connection herewith, then the Board of Managers shall have the authority to establish reasonable compensation for services rendered to the Company by such Member.
Business Dealings with the Company. A Member or any Affiliate thereof may enter into contracts or agreements with the Company and otherwise enter into transactions or dealings with the Company on an arm’s-length or other reasonable basis and derive and retain profits therefrom, provided that any such contract or agreement or other transaction or dealing is approved by the Board of Directors pursuant to Section 5.4(v). The validity of any such approved contract, agreement, transaction or dealing or any payment or profit related thereto or derived therefrom shall not be affected by any relationship between the Company and such Member or any of its Affiliates.
Business Dealings with the Company. Except as otherwise provided herein, a Shareholder or any Affiliate thereof may enter into contracts or agreements with the Company and otherwise enter into transactions or dealings with the Company on an arm's-length or other reasonable basis and derive and retain profits therefrom, provided that any such contract or agreement or other transaction or dealing is approved by the Shareholders pursuant to Section 4.4., and subject to the Companies Ordinance. The validity of any such approved contract, agreement, transaction or dealing or any payment or profit related thereto or derived therefrom shall not be affected by any relationship between the Company and such Shareholder or any of its Affiliates.
