Certain Other Activities. The General Partner, the Investment Manager and their respective Affiliated Persons, employees and associates (collectively, the "Manager Affiliates") may manage funds and accounts other than the Assets ("Other Accounts") that invest in assets eligible for purchase by the Company. Subject to the requirements of the Investment Company Act and the Advisers Act, the Manager Affiliates are in no way prohibited from spending, and may spend, substantial business time in connection with other businesses or activities, including, but not limited to, managing Other Accounts, managing investments, advising or managing entities whose investment objectives are the same as or overlap with those of the Company, participating in actual or potential investments of the Company or any Partner, providing consulting, merger and acquisition, structuring or financial advisory services, including with respect to actual, contemplated or potential investments of the Company, or acting as a director, officer, manager, Partner or creditors’ committee Partner of, or adviser to, or participant in, any corporation, company, limited liability company, trust or other Person. Subject to the requirements of the Investment Company Act and the Advisers Act, the Manager Affiliates are in no way prohibited from receiving, and may receive, fees or other compensation from third parties for any of these activities, which fees will be for their own account and not for the account of the Company. Such fees may relate to actual, contemplated or potential investments of the Company and may be payable by entities in which the Company directly or indirectly has invested or contemplates investing. Neither the Company nor any Partner shall, by virtue of this Agreement, have any right, title or interest in or to the businesses or activities permitted by this Section 9.8 or in or to any fees or consideration derived therefrom. Allocation of investments or opportunities among the Company and Other Accounts will be made pursuant to policies approved from time to time by the Board of Directors in accordance with the Investment Company Act, the Advisers Act and any exemptive order obtained from the U.S. Securities and Exchange Commission.
Certain Other Activities. FIDUCIARY DUTIES ------------------------------------------
Certain Other Activities. Executive may perform services for charitable and civic organizations or be a member of the board of directors or similar governing body of non-profit or charitable entities, as long as doing so does not materially interfere with Executive's obligations under this Employment Agreement or the Agreement (as defined below). Executive shall provide the Board at least quarterly with a description of any such activities. Except to the extent otherwise provided by Section 4.9 of the Agreement and Plan of Merger, dated as of June 11, 1999, among PCI, Executive, other Stockholders of PCI, Power Holdings, L.L.C. and Power Acquisition Sub., Inc. (the "Agreement"), Executive is not restricted from making investments for his account.
Certain Other Activities. The Vintage Group agrees that:
Certain Other Activities. The Investment Manager and its respective Affiliated Persons, employees and associates (collectively, including the Investment Manager, the "Manager Affiliates") may manage funds and accounts other than the Assets ("Other Accounts") that invest in assets eligible for purchase by the Company. The Manager Affiliates are in no way prohibited from spending, and may spend, substantial business time in connection with other businesses or activities, including, but not limited to, managing Other Accounts, managing investments, advising or managing entities whose investment objectives are the same as or overlap with those of the Company, participating in actual or potential investments of the Company or any Shareholder, providing consulting, merger and acquisition, structuring or financial advisory services, including with respect to actual, contemplated or potential investments of the Company, or acting as a trustee, officer, manager, shareholder or creditors' committee member of, or adviser to, or participant in, any corporation, company, limited liability company, trust or other Person. The Manager Affiliates are in no way prohibited from receiving, and may receive, fees or other compensation from third parties for any of these activities, which fees will be for their own account and not for the account of the Company. Such fees may relate to actual, contemplated or potential investments of the Company and may be payable by entities in which the Company directly or indirectly has invested or contemplates investing. Neither the Company nor any Shareholder shall, by virtue of this Agreement, have any right, title or interest in or to the businesses or activities permitted by this Section 9.8 or in or to any fees or consideration derived therefrom. Allocation of investments or opportunities among the Company and Other Accounts will be made as described in the Offering Memorandum or as otherwise approved by the Board of Trustees.
Certain Other Activities. (a) The Investment Manager may manage one or more additional investment vehicles or client accounts other than the Company (“Other Accounts”) that invest in assets eligible for purchase by the Company or the Portfolio Partnership, provided that during the Commitment Period, all investment opportunities are allocated as provided in the Offering Memorandum and the Principals continue to provide sufficient time and attention to managing the investments of the Company. In addition to Other Accounts, after January 2, 2009 and until the earlier of (i) the termination of the Commitment Period and (ii) such time that at least 75% of the aggregate Common Share Commitments of the Company have been funded or reserved for investments in process at the end of the Commitment Period or Company Expenses, including the Advisory Fee and Shareholder Servicing Fee, none of PennyMac, the Investment Manager or the general partner of the Portfolio Partnership may form a new investment fund or account (collectively, “Successor Funds”) with investment objectives that are substantially similar to those of the Company. Notwithstanding the foregoing, PennyMac, the Investment Manager or the general partner of the Portfolio Partnership may form one or more Successor Funds for the purpose of investing in one or more investment opportunities where the capital necessary to acquire such assets exceeds the available capital of the Company and its other clients, or where the Investment Manager determines that acquiring the entire interest in such assets would not be in the best interest of the Company and such other clients, taking into account diversification and Company investment goals. If a Successor Fund is formed to invest in specific investment opportunities under such circumstances, in addition to any investment that may be made by the Company, the Investment Manager will offer Members and other direct and indirect investors in the Company and the Other Accounts the opportunity to invest in such Successor Fund. Any amounts contributed by a Member in respect of such Successor Fund will not reduce the Unfunded Commitment of such Member.
Certain Other Activities. Notwithstanding anything to the contrary in this Agreement, nothing contained in this Agreement shall prohibit or limit the performance by the Parties or their Affiliates of their respective obligations in respect of, or preclude, prohibit or restrict the Parties or their Affiliates from engaging, in any manner, in the transactions and activities set forth in Exhibit A.
Certain Other Activities. 23 SECTION 10. MEMBERS.................................................24
Certain Other Activities. 5.1 Label Expansions and Other Formulations within the Field. In the event that either Party proposes to Develop in the Shared Territory (a) a Collaboration Product for the Second Indication or Other Indication, within the Field (a “Label Expansion”) or (b) an Other Formulation for an indication within the Field, such Party shall make a written proposal to the JDC for the Development thereof, including a proposed work plan, budget and timeline (the “JDC Proposal Notice”).
Certain Other Activities
