Common use of Capacity and Performance Clause in Contracts

Capacity and Performance. a. During the term hereof, the Executive shall serve the Company as Chief Financial Officer, reporting to the Chief Executive Officer of the Company (the “CEO”). b. During the term hereof, the Executive shall be employed by the Company on a full-time and diligent basis and shall perform such duties and responsibilities on behalf of the Company as are customarily performed by a Chief Financial Officer of a company of comparable size and as may be reasonably designated from time to time by the CEO. c. During the term hereof, the Executive shall not, directly or indirectly, render any material services of a business, commercial or professional nature to any person or entity other than the Company (or any affiliate thereof), whether for compensation or otherwise, without the prior written consent of the Board of Directors of the Company (the “Board”), which shall not be unreasonably withheld. For the avoidance of doubt, notwithstanding the foregoing, the Executive may (i) engage in the activities set forth on Exhibit A hereto so long as such activities do not (A) individually or in the aggregate, interfere with the performance of the Executive’s duties under this Agreement and (B) materially change in nature or scope of the Executive’s engagement after the Commencement Date, in which case the Executive shall not be permitted to continue such engagement without the prior written consent of the Board and (ii) engage in educational, charitable and civic activities and manage the Executive’s personal investments and affairs, in each case, so long as such activities (A) do not, individually or in the aggregate, interfere with the performance of the Executive’s duties under this Agreement and (B) are not contrary to the interests of the Company or any of its affiliates or competitive with the Company or any of its affiliates.

Capacity and Performance. a. During the term hereof, the Executive shall serve the Company as Chief Financial Officer, Executive Chairman reporting to the Chief Executive Officer Company’s Board of the Company Directors (the “CEOBoard”). b. During the term hereof, the Executive shall be employed by the Company on a full-time and diligent basis and shall perform such duties and responsibilities on behalf of the Company as are customarily performed by a Chief Financial Officer an Executive Chairman of a company of comparable size and as may be reasonably designated from time to time by the CEOBoard. c. During the term hereof, the Executive shall not, directly or indirectly, render any material services of a business, commercial or professional nature to any person or entity other than the Company (or any affiliate thereof), whether for compensation or otherwise, without the prior written consent of the Board of Directors of the Company (the “Board”), which shall not be unreasonably withheld. For the avoidance of doubt, notwithstanding the foregoing, the Executive may (i) engage in the activities set forth on Exhibit A hereto so long as such activities do not (A) individually or in the aggregate, interfere with the performance of the Executive’s duties under this Agreement and (B) materially change in nature or scope of the Executive’s engagement after the Commencement Date, in which case the Executive shall not be permitted to continue such engagement without the prior written consent of the Board and (ii) engage in educational, charitable and civic activities and manage the Executive’s personal investments and affairs, in each case, so long as such activities (A) do not, individually or in the aggregate, interfere with the performance of the Executive’s duties under this Agreement and (B) are not contrary to the interests of the Company or any of its affiliates or competitive with the Company or any of its affiliates.

Capacity and Performance. a. (a) During the term hereof, the Executive shall serve the Company as Chief Financial Officer, reporting to the Chief Executive Officer and to the Board of Directors of the Company (the “CEOBoard”). b. (b) During the term hereof, the Executive shall be employed by the Company on a full-time and diligent basis and shall perform such duties and responsibilities on behalf of the Company as are customarily performed by a Chief Financial Officer of a company of comparable size and as may be reasonably designated from time to time by the CEOBoard. c. (c) During the term hereof, the Executive shall not, directly or indirectly, render any material services of a business, commercial or professional nature to any person or entity other than the Company (or any affiliate thereof), whether for compensation or otherwise, without the prior written consent of the Board of Directors of (excluding the Company (the “Board”Executive), which shall not be unreasonably withheld. For the avoidance of doubt, notwithstanding the foregoing, the Executive may (i) engage in the activities set forth on Exhibit A hereto so long as such activities do not (A) individually or in the aggregate, interfere with the performance of the Executive’s duties under this Agreement and (B) materially change in nature or scope of the Executive’s engagement after the Commencement Effective Date, in which case the Executive shall not be permitted to continue such engagement without the prior written consent of the Board (excluding the Executive) and (ii) engage in educational, charitable and civic activities and manage the Executive’s personal investments and affairs, in each case, so long as such activities (A) do not, individually or in the aggregate, interfere with the performance of the Executive’s duties under this Agreement and (B) are not contrary to the interests of the Company or any of its affiliates or competitive in any way with the Company or any of its affiliates.

Capacity and Performance. a. During the term hereof, the Executive shall serve the Company as Chief Financial OfficerExecutive Vice President, Corporate Affairs, reporting to the Chief Executive Officer of the Company (the “CEO”). b. During the term hereof, the Executive shall be employed by the Company on a full-time and diligent basis and shall perform such duties and responsibilities on behalf of the Company as are customarily performed by a Chief Financial Officer an Executive Vice President, Corporate Affairs of a company of comparable size and as may be reasonably designated from time to time by the CEO. c. During the term hereof, the Executive shall not, directly or indirectly, render any material services of a business, commercial or professional nature to any person or entity other than the Company (or any affiliate thereof), whether for compensation or otherwise, without the prior written consent of the Board of Directors of the Company (the “Board”), which shall not be unreasonably withheld. For the avoidance of doubt, notwithstanding the foregoing, the Executive may (i) engage in the activities set forth on Exhibit A hereto so long as such activities do not (A) individually or in the aggregate, interfere with the performance of the Executive’s duties under this Agreement and (B) materially change in nature or scope of the Executive’s engagement after the Commencement Date, in which case the Executive shall not be permitted to continue such engagement without the prior written consent of the Board and (ii) engage in educational, charitable and civic activities and manage the Executive’s personal investments and affairs, in each case, so long as such activities (A) do not, individually or in the aggregate, interfere with the performance of the Executive’s duties under this Agreement and (B) are not contrary to the interests of the Company or any of its affiliates or competitive with the Company or any of its affiliates.

Capacity and Performance. a. During the term hereof, the Executive shall serve the Company as Chief Financial Officer, reporting to the Chief Executive Officer of the Company (the “CEO”). b. a) During the term hereof, the Executive shall be employed by the Company on a full-time and diligent basis and shall perform serve the Company as its Chief Legal Officer & Corporate Secretary. In such duties and responsibilities on behalf capacity, the Executive shall report to the Chief Executive Officer of the Company (the “Chief Executive Officer”), and the Executive shall have such duties as are customarily performed by a Chief Financial Officer of a company of comparable size consistent with the Executive’s position and as may be reasonably designated from time to time be assigned to the Executive by the CEO. c. During the term hereof, the Chief Executive shall not, directly Officer or indirectly, render any material services of a business, commercial or professional nature to any person or entity other than the Company (or any affiliate thereof), whether for compensation or otherwise, without the prior written consent of the Board of Directors of the Company (the “Board”). (b) During the term hereof, the Executive shall devote substantially all of the Executive’s full business time and the Executive’s best efforts, business judgment, skill and knowledge to the advancement of the business and interests of the Company and its Affiliates (as defined below) and to the discharge of the Executive’s duties and responsibilities hereunder. The Executive shall not engage in any other business activity or serve in any industry, trade, professional, governmental or academic position during the term of this Agreement, except as may be expressly approved in advance by the Chief Executive Officer in writing, which approval shall not be unreasonably withheld. For the avoidance of doubt; provided, notwithstanding the foregoinghowever, that the Executive may (i) engage without advance consent participate in the legal associations, charitable activities set forth on Exhibit A hereto so long as and passive personal investment activities, provided that such activities do not (A) individually or in the aggregate, interfere with the performance of the Executive’s duties under this Agreement and (B) materially change in nature or scope of the Executive’s engagement after the Commencement Date, in which case the Executive shall not be permitted to continue such engagement without the prior written consent of the Board and (ii) engage in educational, charitable and civic activities and manage the Executive’s personal investments and affairs, in each case, so long as such activities (A) do not, individually or in the aggregate, interfere with the performance of the Executive’s duties under this Agreement and (B) Agreement, are not contrary to in conflict with the business interests of the Company or any of its affiliates Affiliates and do not violate Sections 7, 8 or competitive 9 of this Agreement. (c) During the term hereof, the Executive shall comply with all of the Company or any Company’s written policies, practices and codes of its affiliatesconduct applicable to the Executive’s position, as in effect from time to time.

Capacity and Performance. a. (a) During the term hereof, the Executive shall serve the Company as Chief Financial People Officer, reporting to the Chief Executive Officer of the Company or equivalent senior officer (the “CEO”). b. (b) During the term hereof, the Executive shall be employed by the Company on a full-time and diligent basis and shall perform such duties and responsibilities on behalf of the Company as are customarily performed by a Chief Financial People Officer of a company of comparable size and as may be reasonably designated from time to time by the CEO. c. (c) During the term hereof, the Executive shall not, directly or indirectly, render any material services of a business, commercial or professional nature to any person or entity other than the Company (or any affiliate thereof), whether for compensation or otherwise, without the prior written consent of the Board of Directors of the Company (the “Board”), which shall not be unreasonably withheld. For the avoidance of doubt, notwithstanding the foregoing, the Executive may (i) engage in the activities set forth on Exhibit A hereto so long as such activities do not (A) individually or in the aggregate, interfere with the performance of the Executive’s duties under this Agreement and (B) materially change in nature or scope of the Executive’s engagement after the Commencement Effective Date, in which case the Executive shall not be permitted to continue such engagement without the prior written consent of the Board and (ii) engage in educational, charitable and civic activities and manage the Executive’s personal investments and affairs, in each case, so long as such activities (A) do not, individually or in the aggregate, interfere with the performance of the Executive’s duties under this Agreement and (B) are not contrary to the interests of the Company or any of its affiliates or competitive in any way with the Company or any of its affiliates.

Capacity and Performance. a. (a) During the term hereof, the Executive shall serve the Company and Albireo Limited (including any successor thereto, “Parent”) as Chief Financial Officertheir General Counsel and Senior Vice President, reporting to Corporate Development. In addition, and without further compensation, the Chief Executive Officer shall serve as a director and/or officer of the Company (and/or one or more of the “CEO”)Company’s Affiliates if so elected or appointed from time to time. b. (b) During the term hereof, the Executive shall be employed by the Company on a full-time and diligent basis and shall perform the duties and responsibilities of his position and such other duties and responsibilities on behalf of the Company and its Affiliates as are customarily performed by a Chief Financial Officer of a company of comparable size and as reasonably may be reasonably designated from time to time by the Chief Executive Officer of Parent (the “CEO”). The Executive shall be a member of the executive leadership team for the Company and Parent (the “ELT”), as such team may be characterized from time to time. The Executive’s principal work location shall be in Boston, MA. c. (c) During the term hereof, the Executive shall notdevote his full business time and his best efforts, directly or indirectlybusiness judgment, render any material services of a business, commercial or professional nature skill and knowledge exclusively to any person or entity other than the Company (or any affiliate thereof), whether for compensation or otherwise, without the prior written consent advancement of the Board of Directors business and interests of the Company (and its Affiliates and to the “Board”), which discharge of his duties and responsibilities hereunder. The Executive shall not engage in any other business activity or serve in any industry, trade, professional, governmental or academic position during the term of this Agreement, except as may be unreasonably withheld. For expressly approved in advance by the avoidance of doubtCEO in writing; provided, notwithstanding the foregoinghowever, that the Executive may (i) engage without advance consent participate in the charitable activities set forth on Exhibit A hereto so long as and passive personal investment activities, provided that such activities do not (A) individually or in the aggregate, interfere with the performance of the Executive’s duties under this Agreement and (B) materially change in nature or scope of the Executive’s engagement after the Commencement Date, in which case the Executive shall not be permitted to continue such engagement without the prior written consent of the Board and (ii) engage in educational, charitable and civic activities and manage the Executive’s personal investments and affairs, in each case, so long as such activities (A) do not, individually or in the aggregate, interfere with the performance of the Executive’s duties under this Agreement and (B) Agreement, are not contrary to in conflict with the business interests of the Company or any of its affiliates Affiliates and do not violate Sections 7, 8 or competitive 9 of this Agreement. (d) During the term hereof, the Executive shall comply with all Company policies, practices and procedures and all codes of ethics or business conduct applicable to the Company or any of its affiliatesExecutive’s position, as in effect from time to time.

Capacity and Performance. a. (a) During the term hereofof Executive’s employment hereunder, the Executive shall serve the Company as its Senior Vice President and Chief Financial Officer. In addition, reporting to and without further compensation, the Chief Executive Officer shall serve as a director and/or officer of one or more of the Company (the “CEO”)Company’s Subsidiaries if so elected or appointed from time to time. b. (b) During the term hereofof Executive’s employment hereunder, the Executive shall be employed by the Company on a full-time and diligent basis and shall perform such duties and responsibilities on behalf of the Company as are customarily performed by a Chief Financial Officer of a company of comparable size and its Subsidiaries as may be reasonably designated from time to time by the CEOChief Executive Officer. c. (c) During the term hereofof Executive’s employment hereunder, the Executive shall not, directly or indirectly, render any material services of a business, commercial or professional nature devote his full business time to any person or entity other than the Company (or any affiliate thereof), whether for compensation or otherwise, without the prior written consent advancement of the Board of Directors business and interests of the Company (and its Subsidiaries and to the “Board”), which discharge of his duties and responsibilities hereunder. The Executive shall not engage in any other business activity or serve in any industry, trade, professional, governmental or academic position during the term of this Agreement, except as may be unreasonably withheldexpressly approved in advance by the Chief Executive Officer in writing. For Notwithstanding the avoidance of doubt, notwithstanding the foregoingpreceding, the Executive may (i) engage may, without being in the activities set forth on Exhibit A hereto so long as such activities do not (A) individually or in the aggregate, interfere with the performance violation of the Executive’s duties under this Agreement and obligations hereunder, (Bi) materially change serve on corporate, civic or charitable boards, or committees which are not engaged in nature or scope of business competition with the Executive’s engagement after the Commencement DateCompany, in which case the Executive shall not be permitted to continue such engagement without the prior written consent of the Board and (ii) engage in educational, charitable and civic activities and manage invest the Executive’s personal investments and affairs, assets in each case, so long such form or manner as such activities (A) do not, individually or will not require any material services by the Executive in the aggregateoperation of the entities in which such investments are made, interfere with provided the performance of Executive shall use the Executive’s duties under this Agreement and (B) are best efforts to pursue such activities in such a manner so that such activities shall not contrary prevent the Executive from fulfilling the Executive’s obligations to the interests of the Company or any of its affiliates or competitive with the Company or any of its affiliateshereunder.

Capacity and Performance. a. (a) During the term hereof, the Executive shall serve the Company as Chief Financial Revenue Officer, reporting to the Chief Executive Officer and Board of Directors of the Company (the “CEOBoard”). b. (b) During the term hereof, the Executive shall be employed by the Company on a full-time and diligent basis and shall perform such duties and responsibilities on behalf of the Company as are customarily performed by a Chief Financial Revenue Officer of a company of comparable size and as may be reasonably designated from time to time by the CEOBoard. c. (c) During the term hereof, the Executive shall not, directly or indirectly, render any material services of a business, commercial or professional nature to any person or entity other than the Company (or any affiliate thereof), whether for compensation or otherwise, without the prior written consent of the Board of Directors of (excluding the Company (the “Board”Executive), which shall not be unreasonably withheld. For the avoidance of doubt, notwithstanding the foregoing, the Executive may (i) engage in the activities set forth on Exhibit A hereto so long as such activities do not (A) individually or in the aggregate, interfere with the performance of the Executive’s duties under this Agreement and (B) materially change in nature or scope of the Executive’s engagement after the Commencement Effective Date, in which case the Executive shall not be permitted to continue such engagement without the prior written consent of the Board (excluding the Executive) and (ii) engage in educational, charitable and civic activities and manage the Executive’s personal investments and affairs, in each case, so long as such activities (A) do not, individually or in the aggregate, interfere with the performance of the Executive’s duties under this Agreement and (B) are not contrary to the interests of the Company or any of its affiliates or competitive in any way with the Company or any of its affiliates.