Common use of Corporate Opportunity Clause in Contracts

Corporate Opportunity. The Group Company hereby acknowledge that the Investor and its Affiliates (including investment funds, persons or accounts under the management of the Investor or its Affiliates) engage in hedge fund investment and private equity investment businesses. The Investor and its Affiliates shall have the right to, and shall have no duty hereunder to refrain from, continue to carry on its normal course of business activities as professional investors. The Investor and its Affiliates may from time to time have information on or knowledge of a business opportunity that a Group Company is financially able to undertake, is from its nature in the line or lines of one or more Group Company’s existing or prospective business and is a practical advantage to it, and is one in which a Group Company has an interest or reasonable expectancy (the “Business Opportunity”). Such Business Opportunity may or may not be within the knowledge of the Director appointed by the Investor (the “Investor Director”), if any. The parties hereto agree, and shall procure that each of the Group Companies agrees, irrevocably that the Investor Director shall not be under any duty to disclose any Business Opportunity to the Company or any other Group Company, or permit any Group Company to participate in any Business Opportunity, or to otherwise take advantage of any Business Opportunity, and hereby waives, to the extent permitted by law, any claim based on the corporate opportunity doctrine or otherwise that could limit the Investor’s ability to benefit from information related to an actual or potential Business Opportunity or that would require the Investor or the Investor Director to disclose any such information to any Group Company or offer any Business Opportunity to any Group Company.

Corporate Opportunity. The Group Company hereby acknowledge that the Investor Investors and its their Affiliates (including investment funds, persons or accounts under the management of the Investor Investors or its their Affiliates) engage in hedge fund investment and private equity investment businesses. The Investor Investors and its their Affiliates shall have the right to, and shall have no duty hereunder to refrain from, continue to carry on its normal course of business activities as professional investors. The Investor Investors and its their Affiliates may from time to time have information on or knowledge of a business opportunity that a Group Company is financially able to undertake, is from its nature in the line or lines of one or more Group Company’s existing or prospective business and is a practical advantage to it, and is one in which a Group Company has an interest or reasonable expectancy (the “Business Opportunity”). Such Business Opportunity may or may not be within the knowledge of the Director appointed by the Investor Investors (the “Investor Director”), if any. The parties hereto agree, and shall procure that each of the Group Companies agrees, irrevocably that the Investor Director shall not be under any duty to disclose any Business Opportunity to the Company or any other Group Company, or permit any Group Company to participate in any Business Opportunity, or to otherwise take advantage of any Business Opportunity, and hereby waives, to the extent permitted by law, any claim based on the corporate opportunity doctrine or otherwise that could limit the Investor’s Investors’ ability to benefit from information related to an actual or potential Business Opportunity or that would require the Investor Investors or the Investor Director to disclose any such information to any Group Company or offer any Business Opportunity to any Group Company.

Corporate Opportunity. The Group Company hereby acknowledge that the Investor and its Affiliates (including investment funds, persons or accounts under the management of the Investor or its Affiliates) engage in hedge fund investment and private equity investment businesses. The Investor and its Affiliates shall have the right to, and shall have no duty hereunder to refrain from, continue to carry on its normal course of business activities as professional investors. The Investor and its Affiliates may from time to time have information on or knowledge of a business opportunity that a Group Company is financially able to undertake, is from its nature in the line or lines of one or more Group Company’s existing or prospective business and is a practical advantage to it, and is one in which a Group Company has an interest or reasonable expectancy (the “Business Opportunity”). Such Business Opportunity may or may not be within the knowledge of the Director appointed by the Investor (the “Investor Director”), if any. The parties hereto agree, and shall procure that each of the Group Companies agrees, irrevocably that the Investor Director shall not be under any duty to disclose any Business Opportunity to the Company or any other Group Company, or permit any Group Company to participate in any Business Opportunity, or to otherwise take advantage of any Business Opportunity, and hereby waives, to the extent permitted by law, any claim based on the corporate opportunity doctrine or otherwise that could limit the Investor’s ability to benefit from information related to an actual or potential Business Opportunity or that would require the Investor or the Investor Director to disclose any such information to any Group Company or offer any Business Opportunity to any Group Company.

Corporate Opportunity. The Group Company hereby acknowledge that the Investor and its Affiliates (including investment funds, persons or accounts under the management of the Investor or its Affiliates) engage in hedge fund investment and private equity investment businesses. The Investor and its Affiliates shall have the right to, and shall have no duty hereunder to refrain from, continue to carry on its normal course of business activities as professional investors. The Investor and its Affiliates may from time to time have information on or knowledge of a business opportunity that a Group Company is financially able to undertake, is from its nature in the line or lines of one or more Group Company’s existing or prospective business and is a practical advantage to it, and is one in which a Group Company has an interest or reasonable expectancy (the “Business Opportunity”). Such Business Opportunity may or may not be within the knowledge of the Director appointed by the Investor (the “Investor Xxxxxxxxx Director”), if any. The parties hereto agree, and shall procure that each of the Group Companies agrees, irrevocably that the Investor Xxxxxxxxx Director shall not be under any duty to disclose any Business Opportunity to the Company or any other Group Company, or permit any Group Company to participate in any Business Opportunity, or to otherwise take advantage of any Business Opportunity, and hereby waives, to the extent permitted by law, any claim based on the corporate opportunity doctrine or otherwise that could limit the Investor’s ability to benefit from information related to an actual or potential Business Opportunity or that would require the Investor or the Investor Xxxxxxxxx Director to disclose any such information to any Group Company or offer any Business Opportunity to any Group Company.

Corporate Opportunity. The Group Company hereby acknowledge that the Investor Investors and its their Affiliates (including investment funds, persons or accounts under the management of the Investor Investors or its their Affiliates) engage in hedge fund investment and private equity investment businesses. The Investor Investors and its their Affiliates shall have the right to, and shall have no duty hereunder to refrain from, continue to carry on its normal course of business activities as professional investors. The Investor Investors and its their Affiliates may from time to time have information on or knowledge of a business opportunity that a Group Company is financially able to undertake, is from its nature in the line or lines of one or more Group Company’s existing or prospective business and is a practical advantage to it, and is one in which a Group Company has an interest or reasonable expectancy (the “Business Opportunity”). Such Business Opportunity may or may not be within the knowledge of the Director Directors appointed by the Investor Investors (if applicable) (the “Investor DirectorDirectors”), if any. The parties hereto agree, and shall procure that each of the Group Companies agrees, irrevocably that the Investor Director Directors shall not be under any duty to disclose any Business Opportunity to the Company or any other Group Company, or permit any Group Company to participate in any Business Opportunity, or to otherwise take advantage of any Business Opportunity, and hereby waives, to the extent permitted by law, any claim based on the corporate opportunity doctrine or otherwise that could limit the Investor’s Investors’ ability to benefit from information related to an actual or potential Business Opportunity or that would require the Investor Investors or the Investor Director Directors to disclose any such information to any Group Company or offer any Business Opportunity to any Group Company.

Corporate Opportunity. The Group Company hereby acknowledge that the Investor Investors and its their Affiliates (including investment funds, persons or accounts under the management of the Investor or its their Affiliates) engage in hedge fund investment and private equity investment businesses. The Investor Investors and its their Affiliates shall have the right to, and shall have no duty hereunder to refrain from, continue to carry on its normal course of business activities as professional investors. The Investor Investors and its their Affiliates may from time to time have information on or knowledge of a business opportunity that a Group Company is financially able to undertake, is from its nature in the line or lines of one or more Group Company’s existing or prospective business and is a practical advantage to it, and is one in which a Group Company has an interest or reasonable expectancy (the “Business Opportunity”). Such Business Opportunity may or may not be within the knowledge of the Director director appointed by the Investor (the “Investor Director”), if anyInvestors. The parties hereto agree, and shall procure that each of the Group Companies agrees, irrevocably that the Investor Director director appointed by the Investors shall not be under any duty to disclose any Business Opportunity to the Company or any other Group Company, or permit any Group Company to participate in any Business Opportunity, or to otherwise take advantage of any Business Opportunity, and hereby waives, to the extent permitted by law, any claim based on the corporate opportunity doctrine or otherwise that could limit the Investor’s Investors’ ability to benefit from information related to an actual or potential Business Opportunity or that would require the Investor Investors or the Investor Director director appointed by the Investors to disclose any such information to any Group Company or offer any Business Opportunity to any Group Company.

Corporate Opportunity. The Group Company hereby acknowledge that the Investor Investors and its their Affiliates (including investment funds, persons or accounts under the management of the Investor Investors or its their Affiliates) engage in hedge fund investment and private equity investment businesses. The Investor Investors and its their Affiliates shall have the right to, and shall have no duty hereunder to refrain from, continue to carry on its normal course of business activities as professional investors. The Investor Investors and its their Affiliates may from time to time have information on or knowledge of a business opportunity that a Group Company is financially able to undertake, is from its nature in the line or lines of one or more Group Company’s existing or prospective business and is a practical advantage to it, and is one in which a Group Company has an interest or reasonable expectancy (the “Business Opportunity”). Such Business Opportunity may or may not be within the knowledge of the Director appointed by the Investor Investors (if applicable) (the “Investor Director”), if any. The parties hereto agree, and shall procure that each of the Group Companies agrees, irrevocably that the Investor Director shall not be under any duty to disclose any Business Opportunity to the Company or any other Group Company, or permit any Group Company to participate in any Business Opportunity, or to otherwise take advantage of any Business Opportunity, and hereby waives, to the extent permitted by law, any claim based on the corporate opportunity doctrine or otherwise that could limit the Investor’s Investors’ ability to benefit from information related to an actual or potential Business Opportunity or that would require the Investor Investors or the Investor Director to disclose any such information to any Group Company or offer any Business Opportunity to any Group Company.