Common use of Freedom to Pursue Opportunities Clause in Contracts

Freedom to Pursue Opportunities. In recognition that BMP and its Affiliates currently have, and will in the future have or will consider acquiring, investments in numerous companies with respect to which BMP or its Affiliates may serve as an advisor, a director or in some other capacity, in recognition that BMP and its Affiliates have myriad duties to various investors and partners, in anticipation that the Company, on the one hand, and BMP (or one or more Affiliates, associated investment funds or portfolio companies), 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, in recognition of the benefits to be derived by the Company hereunder, and in recognition of the difficulties 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 9(b) are set forth to regulate, define and guide the conduct of certain affairs of the Company as they may involve BMP. Except as BMP may otherwise agree in writing after the date hereof:

Freedom to Pursue Opportunities. In recognition that BMP and its Affiliates affiliates currently have, and will in the future have or will consider acquiring, investments in numerous companies with respect to which BMP or its Affiliates affiliates may serve as an advisor, a director or in some other capacity, in recognition that BMP and its Affiliates affiliates have myriad duties to various investors and partners, in anticipation that the Company, on the one hand, and BMP (or one or more Affiliatesaffiliates, associated investment funds or portfolio companies), 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, in recognition of the benefits to be derived by the Company hereunder, and in recognition of the difficulties 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 9(b) are set forth to regulate, define and guide the conduct of certain affairs of the Company as they may involve BMP. Except as BMP may otherwise agree in writing after the date hereof:

Freedom to Pursue Opportunities. In recognition that BMP and its Affiliates the Consultant Related Parties currently have, and will in the future have or will consider acquiring, investments in numerous companies with respect to which BMP one or its Affiliates more Consultant Related Parties may serve as an advisoradvisor or director, a director or in some other capacity, and in recognition that BMP and its Affiliates the Consultant Related Parties have myriad duties to various investors and partners, and in anticipation that the CompanyCompany and its subsidiaries, on the one hand, and BMP (or one or more Affiliates, associated investment funds or portfolio companies)the Consultant Related Parties, 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, hereunder and in recognition of the difficulties 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 9(b) 18 are set forth to regulate, define and guide the conduct of certain affairs of the Company and its subsidiaries as they may involve BMPthe Consultant Related Parties. Except as BMP the Consultant or any Consultant Related Party may otherwise expressly agree in writing after the date hereof:

Freedom to Pursue Opportunities. In recognition of the fact that BMP and its Affiliates affiliates (i) currently have, and will in the future have or will consider acquiring, investments in numerous companies with respect to other enterprises that engage or may engage in the same or similar activities or lines of business as the Company or which BMP or its Affiliates the Company may be interested in acquiring (collectively, “Competing Activities”), (ii) may serve as an advisor, a director or in some other capacitycapacity in connection with one or more Competing Activities, and (iii) and in further recognition of the fact that BMP and its Affiliates affiliates have myriad duties to various investors and partners, and in anticipation that the Company, on the one hand, and BMP (or one or more Affiliates, associated investment funds or portfolio companies), 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, in further recognition of the benefits to be derived by the Company hereunder, hereunder and in recognition of the difficulties 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 9(b) are set forth to regulate, define and guide the conduct of certain affairs of the Company as they may involve BMPBMP and its affiliates. Except as BMP may otherwise agree in writing after the date hereof: