Competitive Opportunities Clause Samples

Competitive Opportunities. LSG hereby acknowledges that certain members of LED are involved in the business of making investments, and if any such member, or any officer, director, partner, employee, agent, operating advisor or Affiliate thereof (collectively, “Representatives”) acquires knowledge of a potential transaction or matter which may be an investment or business opportunity or prospective economic or competitive advantage in which the Company could have an interest or expectancy (a “Competitive Opportunity”) or otherwise is then exploiting any Competitive Opportunity, LSG will have no interest in, or expectation that, such Competitive Opportunity be offered to it. Any such interest or expectation is hereby renounced so that such member of LED and its Representatives shall (i) have no duty to communicate or present such Competitive Opportunity to LSG, and (ii) have the right to either hold any such Competitive Opportunity for its (and its Representatives’) own account and benefit or to recommend, assign or otherwise transfer such Competitive Opportunity to Persons other than LSG or any Affiliate of LSG.‌

Competitive Opportunities. In the event that any Identified Person acquires knowledge of a potential transaction or matter which may be an investment, corporate or business opportunity or prospective economic or competitive advantage in which the Corporation or its Affiliates could have an interest or expectancy (contractual, equitable or otherwise) (a “Competitive Opportunity”) or otherwise is then exploiting any Competitive Opportunity, to the fullest extent permitted under the DGCL and notwithstanding any other duty existing at law or in equity, the Corporation and its Affiliates will have no interest in, and no expectation (contractual, equitable or otherwise) that such Competitive Opportunity be offered to it. To the fullest extent permitted by law, any such interest or expectation (contractual, equitable or otherwise) is hereby renounced so that such Identified Person shall (i) have no duty to communicate or present such Competitive Opportunity to the Corporation or its Affiliates, (ii) have the right to either hold any such Competitive Opportunity for such Identified Person’s own account and benefit or the account of the former, current or future direct or indirect equity holders, controlling persons, stockholders, directors, officers, employees, agents, Affiliates, members, financing sources, investors, direct or indirect managers, general or limited partners or assignees of any Identified Person or to direct, recommend, assign or otherwise transfer such Competitive Opportunity to persons or entities other than the Corporation or any of its subsidiaries, Affiliates or direct or indirect equity holders and (iii) notwithstanding any provision in this Amended and Restated Certificate of Incorporation to the contrary, not be obligated or liable to the Corporation, any stockholder, director or officer of the Corporation or any other person or entity by reason of the fact that such Identified Person, directly or indirectly, took any of the actions noted in the immediately preceding clause (ii), pursued or acquired such Competitive Opportunity for itself or any other person or entity or failed to communicate or present such Competitive Opportunity to the Corporation or its Affiliates.

Competitive Opportunities. The terms and conditions of the Labor Agreement will apply to work currently performed for regulated customers within the franchise territory. When new work is identified within the franchise territory, Local Union 97, IBEW will be afforded, on a preferential basis, the first opportunity to develop a proposal which will meet customers’ requirements in a competitive manner. If an agreement cannot be reached, other options, including contractors, may be used. When work is developed for customers outside the franchise territory, Local Union 97, IBEW may be asked to submit a proposal.