Competitive Investments Sample Clauses

Competitive Investments. The Company hereby acknowledges that (i) Bessemer Venture Partners VIII L.P., Bessemer Venture Partners VIII Institutional L.P. and 15 Angels II, LLC (collectively, “BVP”), (ii) First Round Capital IV, L.P. (“FRC”), (iii) SG Growth Partners II, LP (“Stripes”), (iv) Fidelity and their respective affiliated advisors and funds are professional investment managers and/or funds and, as such, invest in numerous portfolio companies, some of which may be deemed competitive with the Company’s business (as conducted or proposed to be conducted). Subject to the last sentence of Section 3.4, neither BVP, FRC, Stripes, Fidelity, nor their respective affiliates (including affiliated advisors and funds) shall be liable to the Company for any claim arising out of, or based upon, (i) the investment by BVP, FRC, Stripes or Fidelity, as applicable, or any of their respective affiliated funds in any entity competitive to the Company, or (ii) actions taken by any advisor, partner, officer or other representative of BVP, FRC, Stripes or Fidelity, as applicable, or any of their respective affiliated funds to assist any such competitive company, whether or not such action was taken as a board member of such competitive company, or otherwise.
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Competitive Investments. (a) After the date hereof, no Preferred Holder (other than OZ) shall make any new investment in any company operating in the PRC that engages in any business which competes, or which may compete in the future, with the Business of the Company or NJPV (a “Competitive Entity”); provided that the foregoing shall not apply to: (i) any holding by (i) any Series A Shareholder or Series B Shareholder existing on the date of the Series B Subscription Agreement, and (ii) any Series C Shareholder (other than OZ) existing on the date hereof, of any equity interests in a Competitive Entity, including without limitation the shareholding in Suntech Power Co., Ltd. held by the Series A Shareholder or its Affiliates; or (ii) any holding by any Preferred Holder (other than OZ) of no more than 1% of the equity interest in a Competitive Entity. (b) After the date hereof, OZ shall not make any new investments in: (i) any Competitive Entity that is a PRC-Based private company to the extent such investment shall result in OZ’s holding of more than 1% of the total equity interests in such Competitive Entity; or (ii) any Competitive Entity that is a PRC-Based publicly-traded company where the investment held by OZ in such Competitive Entity exceeds 10% of the total issued and outstanding shares of such Competitive Entity, provided that Section 7.11(b) shall not apply to: (i) any of OZ’s investment in a Competitive Entity existing on the date hereof; or (ii) any investment made or to be made by OZ with respect to any entity which, at the time of OZ’s investment, is not a Competitive Entity and which, at the time of OZ’s investment, OZ has not been expressly made aware by such entity that it will become a PRC-Based Competitive Entity in the future. (c) If OZ holds more than 3% of the total issued and outstanding shares of any PRC-Based and publicly-traded Competitive Entity (other than those provided for in paragraphs (x) and (y) above), upon OZ’s holding in such Competitive Entity becoming in excess of 3% of the total issued and outstanding shares of such Competitive Entity, (A) OZ shall not be entitled to appoint any observer to the Board as otherwise permitted in accordance with section 4.3(e)(v) and shall, in case the OZ Observer has been appointed to the Board, cause the OZ Observer to immediately resign from his or her observership, and (B) the Information Rights and the Inspection Rights to which OZ shall otherwise be entitled in accordance with Section 3.1 shall immediately...
Competitive Investments. The Sentio Parties acknowledge and agree that the Investor and its Affiliates may have investments in or may invest in, and/or provide management advice to, companies that may be competitive with the Sentio Parties or their Affiliates and that the execution of this Agreement and the Related Documents will in no way be construed to prohibit or restrict the Investor’s or its Affiliates’ ability to maintain, make or consider such investment or give such advice.
Competitive Investments. In the event that the Lender invests in any corporate entity that, under the Lender’s good faith and reasonable discretion, competes with the Company and/or its business, the Lender shall provide written notice to the Company, as soon as practicable after completing such investment, that it has made an investment in a competitive entity, and shall maintain a strict policy of “Chinese Wallswith respect to all that concern the Company and any such competing corporate entity.

Related to Competitive Investments

  • Competitive Business “Competitive Business” shall mean an enterprise that is in the business of offering banking products and/or services, which services and/or products are similar or substantially identical to those offered by the Bank during Executive’s employment with the Bank.

  • Competitive Products Competitive Products" means products that serve the same function as, or that could be used to replace, products the Company provided to, offered to, or was in the process of developing for a present, former, or future possible customer/partner at any time during the twelve (12) months immediately preceding the last day of Participant's employment (or at any time during Participant's employment if Participant was employed for less than 12 months), with which Participant had direct responsibility for the sale or development of such products or managing those persons responsible for the sale or development of such products.

  • Competitive Activities During the term of this Agreement, Consultant will not, directly or indirectly, in any individual or representative capacity, engage or participate in or provide services to any business that is competitive with the types and kinds of business being conducted by Company.

  • Competitive Activity Executive shall be deemed to have engaged in "Competitive Activity" if, during the period commencing on the date hereof and ending on the second anniversary of the date Executive's employment with the Company or its subsidiaries terminates, (i) Executive, for himself or on behalf of any other person, firm, partnership, corporation, or other entity, engages, directly or indirectly, as an executive, agent, representative, consultant, partner, shareholder or holder of any other financial interest, in any business that competes with the Company or its subsidiaries in the line of business Executive is employed in by the Company or its subsidiaries (as applicable), as such business is described in any employment or severance agreement then in effect between Executive and the Company or one of its subsidiaries or, if no such agreement is then in effect, as described on Schedule II attached hereto (a "Competing Business"), it being understood and agreed that Executive's activities shall not satisfy this clause (i) where Executive is employed by a person, firm, partnership, corporation, or other entity engaged in a variety of activities, including the Competing Business, and Executive is not engaged in or responsible for the Competing Business of such entity. Executive may also, without satisfying clause (i) be a passive owner of not more than 2% of the outstanding publicly traded stock of any class of a Competing Business so long as Executive has no active participation in the business of such entity, except to the extent permitted above; or (ii) Executive (A) directly or indirectly through another entity, induces or attempts to induce any employee of the Company or its subsidiaries to leave the employ of the Company or its subsidiaries, or in any way interfere with the relationship between the Company or any of its subsidiaries and any employee thereof, (B) knowingly hires any person who was an employee of the Company or any of its subsidiaries within 180 days prior to the time such employee was hired by Executive, (C) induces or attempts to induce any customer, supplier, licensee or other business relation of the Company or any of its subsidiaries to cease doing business with the Company or its subsidiaries or in any way interfere with the relationship between any such customer, supplier, licensee or business relation and the Company or any subsidiary or (D) directly or indirectly acquires or attempt to acquire an interest in any business relating to the business of the Company or any of its subsidiaries and with which the Company or any of its subsidiaries has entertained discussions or has requested and received information relating to the acquisition of such business by the Company or its subsidiaries in the one-year period immediately preceding Executive's termination of employment with the Company.

  • Speculative Investment the Subscriber understands that an investment in the Shares is a speculative investment and that there is no guarantee of success of the Company's management's plans. Management's plans are an effort to apply present knowledge and experience to project a future course of action which is hoped will result in financial success employing the Company's assets and with the present level of management's skills and of those whom the Company will need to attract (which cannot be assured). Additionally, all plans are capable of being frustrated by new or unrecognized or unappreciated present or future circumstances which can typically not be accurately, or at all, predicted;

  • Competing Business Competing Business" means any financial institution or trust company that competes with, or will compete in any of the Counties with, the Bank or any affiliate of the Bank. The term "Competing Business" includes, without limitation, any start-up or other financial institution or trust company in formation.

  • Competing Activities Notwithstanding any duty otherwise existing at law or in equity, (i) neither a Member nor a Manager of the Company, or any of their respective affiliates, partners, members, shareholders, directors, managers, officers or employees, shall be expressly or impliedly restricted or prohibited solely by virtue of this Agreement or the relationships created hereby from engaging in other activities or business ventures of any kind or character whatsoever and (ii) except as otherwise agreed in writing or by written Company policy, each Member and Manager of the Company, and their respective affiliates, partners, members, shareholders, directors, managers, officers and employees, shall have the right to conduct, or to possess a direct or indirect ownership interest in, activities and business ventures of every type and description, including activities and business ventures in direct competition with the Company.

  • Investments No more than 45% of the “value” (as defined in Section 2(a)(41) of the Investment Company Act of 1940, as amended (“Investment Company Act”)) of the Company’s total assets consist of, and no more than 45% of the Company’s net income after taxes is derived from, securities other than “Government Securities” (as defined in Section 2(a)(16) of the Investment Company Act) or money market funds meeting the conditions of Rule 2a-7 of the Investment Company Act.

  • Other Business Activities of the Holders Each Holder acknowledges that the other Holders may make loans or otherwise extend credit to, and generally engage in any kind of business with, any Borrower Party Affiliate, and receive payments on such other loans or extensions of credit to any Borrower Party Affiliate and otherwise act with respect thereto freely and without accountability, but only if none of the foregoing violate the Mortgage Loan Documents, in the same manner as if this Agreement and the transactions contemplated hereby were not in effect.

  • Competing Products The provisions of Section 21 are set forth on attached Exhibit H and are incorporated in this Section 21 by this reference.

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