Business Opportunity. Employee represents and acknowledges that the foregoing restrictions will not prevent him from obtaining gainful employment in his field of expertise or cause him undue hardship; and that there are numerous other employment opportunities available to him that are not affected by the foregoing restrictions. Employee further acknowledges that the foregoing restrictions are reasonable and necessary, in order to protect the Company's legitimate interests, and that any violation thereof would result in irreparable injury to the Company.
Business Opportunity. This Agreement is acknowledged as necessary by both Parties in order that: the Disclosing Party may share a business opportunity (“Business Opportunity”) with the Recipient, including any and all other opportunities from which may derive, that Business Opportunity being: [BUSINESS OPPORTUNITY DETAILS] both Parties maintain their proprietary claim to and sole benefit from the relationships with clients and others which are necessary to their conduct and profitability, which are for, the purposes of this Agreement, considered Trade Secrets, and the Parties can legally bind, in writing, specific requirements for the conduct of the other regarding each Party’s above-mentioned relationships.
Business Opportunity. TPG shall have the right to, and shall have no duty not to, engage in the same or similar business activities or lines of business as the Company or MIE, including those deemed to be competing with the Company or MIE, and in the event that TPG (or any of its Affiliates or appointed Directors) acquires knowledge of a potential transaction or matter that may be a corporate opportunity for the Company, TPG (and its Affiliates and appointed Directors) shall have no duty (contractual or otherwise) to communicate or present such corporate opportunity to the Company and shall not be liable for breach of any duty (contractual or otherwise) by reason of the fact that TPG (or any of its Affiliates) directly or indirectly pursues or acquires such opportunity for itself, directs such opportunity to another Person, or does not present such opportunity to the Company. Notwithstanding the foregoing, to the extent that TPG acquires knowledge of a potential transaction or matter that is likely to be a corporate opportunity for the Company solely as a result of an employee or agent of TPG (or any of its Affiliates) attending board meetings of the Company in his or her capacity as a director of the Company, then TPG will not pursue such opportunity for itself, or direct such opportunity to another Person, unless the Company has declined to pursue such opportunity or fails to actively pursue such opportunity within fifteen (15) days after it is notified by TPG about its interest in the opportunity.
Business Opportunity. OPTAVIA Coaches have the opportunity to grow their businesses beyond acquiring and supporting Clients by building an organization of Coaches. To do so, OPTAVIA Coaches can sponsor other individuals as Coaches and, if desired, help them do the same.
Business Opportunity. During the Term and for a period of two (2) years thereafter, if the Management Company is formally offered an opportunity to pursue a potential transaction to acquire, license or obtain a pharmaceutical product in the Field or to acquire a majority ownership interest in a Person that sells pharmaceutical products in the Field (but not including a minority investment) that the Management Company reasonably believes is, or may be, within the scope of the business and investment objectives of the Company and would be beneficial to the business of the Company and that the Management Company desires to pursue (each an “Opportunity”), then the Management Company shall present such Opportunity to the Board. The Board shall determine whether to pursue any such Opportunity and shall make such determination within a reasonable period of time; provided, that if the Board determines not to pursue any such Opportunity, then the Management Company and its Affiliates will not separately pursue such Opportunity.
Business Opportunity. Executive hereby agrees to promote and develop all business opportunities that come to his attention relating to current or anticipated future business of the Company, in a manner consistent with the best interests of the Company and with his duties under this Agreement. Should Executive discover a business opportunity that does not relate to the current or anticipated future business of the Company, he shall first offer such opportunity to the Company. Should the Board of Directors of the Company not exercise its right to pursue this business opportunity within a reasonable period of time, not to exceed sixty (60) days, then Executive, with the consent of the Board of Directors, may develop the business opportunity for himself; provided, however, that such development may in no way conflict or interfere with the duties owed by Executive to the Company under this Agreement. Further, Executive may develop such business opportunities only on his own time, and may not use any service, personnel, equipment, supplies, facility, or trade secrets of the Company in their development. As used herein, the term "business opportunity" shall not include business opportunities involving investment in publicly traded stocks, bonds or other securities, or other investments of a personal nature.
Business Opportunity. To the fullest extent permitted by applicable law and the Company’s Charter, the doctrine of corporate opportunity, or any other analogous doctrine, shall not apply with respect to the Company and any Institutional Shareholder. No Institutional Shareholder nor any of its Affiliates shall have any obligation to refrain from (i) engaging in the same or similar activities or lines of business as the Company or developing or marketing any products or services that compete, directly or indirectly, with those of the Company, (ii) investing or owning any interest publicly or privately in, or developing a business relationship with, any Person engaged in the same or similar activities or lines of business as, or otherwise in competition with, the Company or (iii) doing business with any client or customer of the Company (each of the activities referred to in clauses (i)-(iii), a “Competing Activity”); provided that, with respect to each Competing Activity in which an Institutional Shareholder engages, such Institutional Shareholder shall, and shall cause its Affiliates to, use its reasonable best efforts to (A) avoid taking any actions that would be reasonably likely to have a significant adverse regulatory impact on the Company and the Subsidiaries, taken as a whole, and (B) implement appropriate internal controls to protect Confidential Information in a manner consistent with the obligations of such Institutional Shareholder pursuant to Section 6.01.
Business Opportunity. The Company expressly acknowledges and agrees that (a) the Purchasers and their Affiliates are permitted to have, and may presently or in the future have, investments or other business relationships, ventures, agreements or arrangements (each, an “Other Business”) with entities engaged in the business of the Company and its Subsidiaries (including in areas in which the Company or any of its Subsidiaries may in the future engage and in related businesses other than through the Company or any of its Subsidiaries), (b) the Purchasers and their Affiliates have or may develop strategic relationships with businesses that are or may be competitive with the Company or any of its Subsidiaries, (c) none of the Purchasers or their Affiliates (including their respective designees serving on the Board or the board of directors of any Subsidiary of the Company, if applicable) will be prohibited by virtue of their investments in the Company or any of its Subsidiaries or their service on the Board or the board of directors of any such Subsidiary from pursuing and engaging in any such activities, (d) none of the Purchasers or their Affiliates will be obligated to inform the Company of any potential opportunity, relationship or investment (but must inform the Company promptly following the consummation or implementation of any such opportunity or investment), (e) neither the Company nor the other shareholders of the Company will have the right to acquire, be provided with an option or opportunity to acquire or be entitled to any interest or participation in any Other Business as a result of the participation therein of any of the Purchasers or their Affiliates and (f) the Company expressly waives, to the fullest extent permitted by applicable Law, any rights to assert any claim that such involvement breaches any duty owed to any shareholder, the Company or any of its Subsidiaries or to assert that such involvement constitutes a conflict of interest by such Persons with respect to the Company, the shareholders or any of the Company’s Subsidiaries. For the avoidance of doubt, (1) nothing contained herein shall limit, prohibit or restrict any designee serving on the Board or any representative of any of its Affiliates from serving on the board of directors or other governing body or committee of any Other Business and (2) this Section shall not constitute a waiver by the Company or any securityholder of such Person’s rights with respect to (a) any misuse of Confidential Inform...
Business Opportunity. The Customer Services Agreement sets forth the terms under which the Enterprises will make available certain business opportunities to the Company.
Business Opportunity. Except as expressly provided in this Agreement, each Party shall have the right independently to engage in and receive full benefits from its business activities, whether or not competitive with the other Party, without consulting the other Party.
