Common use of Freedom to Pursue Opportunities Clause in Contracts

Freedom to Pursue Opportunities. In recognition that the Advisor and its Indemnified Parties currently have, and will in the future have or will consider acquiring, investments in numerous companies with respect to which the Advisor or its Indemnified Parties may serve as an advisor, a director or in some other capacity, and in recognition that the Advisor and its Indemnified Parties have myriad duties to various investors and partners, and in anticipation that the Company, on the one hand and the Advisor (or one or more affiliates, associated investment funds or portfolio companies, or clients of the Advisor), on the other hand, may engage in the same or similar activities or lines of business and have an interest in the same areas of corporate opportunities, and in recognition of the benefits to be derived by the Company hereunder and in recognition of the difficulties that may confront any advisor who desires and endeavors fully to satisfy such advisor’s duties in determining the full scope of such duties in any particular situation, the provisions of this Section 6.2 are set forth to regulate, define and guide the conduct of certain affairs of the Company as they may involve the Advisor. Except as the Advisor may otherwise agree in writing after the date hereof:

Appears in 2 contracts

Samples: Expense Reimbursement Agreement, Expense Reimbursement Agreement (Dave & Busters Inc)

AutoNDA by SimpleDocs

Freedom to Pursue Opportunities. In recognition that the Advisor Manager and its Indemnified Parties respective Indemnitees currently have, and will in the future have or will consider acquiring, investments in numerous companies with respect to which the Advisor Manager or its Indemnified Parties Indemnitees may serve as an advisor, a director or in some other capacity, and in recognition that the Advisor Manager and its Indemnified Parties respective Indemnitees have a myriad of duties to various investors and partners, and in anticipation that the CompanyCompanies, on the one hand hand, and the Advisor Manager (or one or more affiliates, associated investment funds or portfolio companies, or clients of the AdvisorManager), on the other hand, may engage in the same or similar activities or lines of business and have an interest in the same areas of corporate opportunities, and in recognition of the benefits to be derived by the Company Companies hereunder and in recognition of the difficulties that may confront any advisor who desires and endeavors fully to satisfy such advisor’s duties in determining the full scope of such duties in any particular situation, the provisions of this Section 6.2 5(b) are set forth to regulate, define and guide the conduct of certain affairs of the Company Companies as they may involve the AdvisorManager. Except as the Advisor Manager may otherwise agree in writing after the date hereof:

Appears in 2 contracts

Samples: Management Agreement (Canada Goose Holdings Inc.), Management Agreement (Canada Goose Holdings Inc.)

Freedom to Pursue Opportunities. In recognition that the Advisor Manager and its Indemnified Parties respective Indemnitees currently have, and will in the future have or will consider acquiring, investments in numerous companies with respect to which the Advisor Manager or its Indemnified Parties Indemnitees may serve as an advisor, a director or in some other capacity, and in recognition that the Advisor Manager and its Indemnified Parties respective Indemnitees have a myriad of duties to various investors and partners, and in anticipation that Parent and/or the Company, on the one hand hand, and the Advisor Manager (or one or more affiliates, associated investment funds or portfolio companies, or clients of the AdvisorManager), on the other hand, may engage in the same or similar activities or lines of business and have an interest in the same areas of corporate opportunities, and in recognition of the benefits to be derived by Parent and the Company hereunder and in recognition of the difficulties that may confront any advisor who desires and endeavors fully to satisfy such advisor’s duties in determining the full scope of such duties in any particular situation, the provisions of this Section 6.2 5(b) are set forth to regulate, define and guide the conduct of certain affairs of Parent and the Company as they may involve the AdvisorManager. Except as the Advisor Manager may otherwise agree in writing after the date hereof:

Appears in 2 contracts

Samples: Management Agreement (Gymboree Corp), Management Agreement (Gym-Card, LLC)

Freedom to Pursue Opportunities. In recognition that the Advisor each Manager and its Indemnified Parties respective Indemnitees currently have, and will in the future have or will consider acquiring, investments in numerous companies with respect to which the Advisor each Manager or its Indemnified Parties respective Indemnitees may serve as an advisor, a director or in some other capacity, and in recognition that the Advisor each Manager and its Indemnified Parties respective Indemnitees have myriad duties to various investors and partners, and in anticipation that the CompanyLoews Corporations, on the one hand hand, and each of the Advisor Managers (or one or more affiliates, associated investment funds or portfolio companies, or clients of the Advisor), on the other hand, may engage in the same or similar activities or lines of business and have an interest in the same areas of corporate opportunities, and in recognition of the benefits to be derived by the Company Loews Corporations hereunder and in recognition of the difficulties that which may confront any advisor who desires and endeavors fully to satisfy such advisor’s duties in determining the full scope of such duties in any particular situation, the provisions of this Section 6.2 5(b) are set forth to regulate, define and guide the conduct of certain affairs of the Company Loews Corporations as they may involve the Advisorsuch Manager and its Indemnitees. Except as the Advisor a Manager may otherwise agree in writing after the date hereof:

Appears in 1 contract

Samples: Management Agreement (LCE AcquisitionSub, Inc.)

Freedom to Pursue Opportunities. In recognition that the Advisor Manager and its Indemnified Parties the Indemnitees currently have, and will in the future have have, or will consider acquiring, investments in numerous companies with respect to which the Advisor Manager or its Indemnified Parties another Indemnitee may serve as an advisor, a director or in some other capacity, and in recognition that the Advisor Manager and its Indemnified Parties Indemnitees have myriad duties to various investors and partners, and in anticipation that the CompanyCompanies and their respective affiliates, on the one hand hand, and the Advisor Manager (or one or more members, affiliates, associated investment funds or portfolio companies, companies or clients of the Advisorclients), on the other hand, may engage in the same or similar activities or lines of business and have an interest in the same areas of corporate opportunities, and in recognition of the benefits to be derived by the Company hereunder Companies hereunder, and in recognition of the difficulties that may confront any advisor who desires and endeavors fully to satisfy such advisor’s duties in determining the full scope of such duties in any particular situation, the provisions of this Section 6.2 6(b) are set forth to regulate, define and guide the conduct of certain affairs of the Company Companies as they may involve the AdvisorManager or its members, managers or officers. Except as the Advisor Manager, its members or any other Indemnitee may otherwise agree in writing after the date hereof:

Appears in 1 contract

Samples: Management Agreement (Bloomin' Brands, Inc.)

Freedom to Pursue Opportunities. In recognition that the Advisor Manager and its Indemnified Parties the Indemnitees currently have, and will in the future have have, or will consider acquiring, investments in numerous companies with respect to which the Advisor Manager or its Indemnified Parties another Indemnitee may serve as an advisor, a director or in some other capacity, and in recognition that the Advisor Manager and its Indemnified Parties Indemnitees have myriad duties to various investors and partners, and in anticipation that the CompanyCompanies and their respective affiliates, on the one hand hand, and the Advisor Manager (or one or more members, affiliates, associated investment funds or portfolio companies, companies or clients of the Advisorclients), on the other hand, may engage in the same or similar activities or lines of business and have an interest in the same areas of corporate opportunities, and in recognition of the benefits to be derived by the Company hereunder Companies hereunder, and in recognition of the difficulties that may confront any advisor who desires and endeavors fully to satisfy such advisor’s 's duties in determining the full scope of such duties in any particular situation, the provisions of this Section 6.2 6(b) are set forth to regulate, define and guide the conduct of certain affairs of the Company Companies as they may involve the AdvisorManager or its members, managers or officers. Except as the Advisor Manager, its members or any other Indemnitee may otherwise agree in writing after the date hereof:

Appears in 1 contract

Samples: Management Agreement (Osi Restaurant Partners, LLC)

AutoNDA by SimpleDocs

Freedom to Pursue Opportunities. In recognition that the Advisor each Manager and its Indemnified Parties respective Indemnitees currently have, and will in the future have or will consider acquiring, investments in numerous companies with respect to which the Advisor each Manager or its Indemnified Parties respective Indemnitees may serve as an advisor, a director or in some other capacity, and in recognition that the Advisor each Manager and its Indemnified Parties respective Indemnitees have myriad duties to various investors and partners, and in anticipation that the CompanyUGS Corporations, on the one hand and each of the Advisor Managers (or one or more affiliates, associated investment funds or portfolio companies, or clients of the Advisor), on the other hand, may engage in the same or similar activities or lines of business and have an interest in the same areas of corporate opportunities, and in recognition of the benefits to be derived by the Company UGS Corporations hereunder and in recognition of the difficulties that which may confront any advisor who desires and endeavors fully to satisfy such advisor’s 's duties in determining the full scope of such duties in any particular situation, the provisions of this Section 6.2 5(b) are set forth to regulate, define and guide the conduct of certain affairs of the Company UGS Corporations as they may involve the Advisorsuch Manager. Except as the Advisor a Manager may otherwise agree in writing after the date hereof:

Appears in 1 contract

Samples: Management Agreement (UGS PLM Solutions Asia/Pacific INC)

Freedom to Pursue Opportunities. In recognition that the Advisor each Manager and its Indemnified Parties respective Indemnitees currently have, and will in the future have or will consider acquiring, investments in numerous companies with respect to which the Advisor each Manager or its Indemnified Parties respective Indemnitees may serve as an advisor, a director or in some other capacity, and in recognition that the Advisor each Manager and its Indemnified Parties respective Indemnitees have myriad duties to various investors and partners, and in anticipation that the CompanyWest Companies, on the one hand and each of the Advisor Managers (or one or more affiliates, associated investment funds or portfolio companies, or clients of the Advisor), on the other hand, may engage in the same or similar activities or lines of business and have an interest in the same areas of corporate opportunities, and in recognition of the benefits to be derived by the Company West Companies hereunder and in recognition of the difficulties that may confront any advisor who desires and endeavors fully to satisfy such advisor’s duties in determining the full scope of such duties in any particular situation, the provisions of this Section 6.2 5(b) are set forth to regulate, define and guide the conduct of certain affairs of the Company West Companies as they may involve the Advisorsuch Manager. Except as the Advisor a Manager may otherwise agree in writing after the date hereof:

Appears in 1 contract

Samples: Management Agreement (West Corp)

Freedom to Pursue Opportunities. In recognition that the Advisor Managers and its Indemnified Parties their respective Indemnitees currently have, and will in the future have or will consider acquiring, investments in numerous companies with respect to which the Advisor Managers or its Indemnified Parties their respective Indemnitees may serve as an advisor, a director or in some other capacity, and in recognition that the Advisor Managers and its Indemnified Parties their respective Indemnitees have myriad duties to various investors and partners, and in anticipation that the Company, on the one hand and the Advisor Managers (or one or more affiliates, associated investment funds or portfolio companies, or clients of the AdvisorManagers), on the other hand, may engage in the same or similar activities or lines of business and have an interest in the same areas of corporate opportunities, and in recognition of the benefits to be derived by the Company hereunder and in recognition of the difficulties that may confront any advisor who desires and endeavors fully to satisfy such advisor’s duties in determining the full scope of such duties in any particular situation, the provisions of this Section 6.2 5(b) are set forth to regulate, define and guide the conduct of certain affairs of the Company as they may involve the AdvisorManagers. Except as the Advisor Managers may otherwise agree in writing after the date hereof:

Appears in 1 contract

Samples: Management Agreement (Michaels Stores Inc)

Time is Money Join Law Insider Premium to draft better contracts faster.