Common use of Information Waiver Clause in Contracts

Information Waiver. The Company acknowledges that the Investors and their Affiliates, members, equity holders, director representatives, partners, employees, agents and other related persons are engaged in the business of investing in private and public companies in a wide range of industries, including the industry segment in which the Company operates (the “Company Industry Segment”). Accordingly, the Company and the Investors acknowledge and agree that a Covered Person (as such term is defined in the Restated Certificate) shall: (a) have no duty to the Company to refrain from participating as a director, investor or otherwise with respect to any company or other person or entity that is engaged in the Company Industry Segment or is otherwise competitive with the Company as long as such Covered Person does not disclose or otherwise make use of any proprietary or confidential information of the Company in connection with such participation, and (b) solely in connection with making investment decisions and subject to the limitations set forth herein, have no duty to the Company to refrain from using any information, including, but not limited to, market trend and market data, which comes into such Covered Person’s possession, whether as a director, investor or otherwise (the “Information Waiver”), provided that the Information Waiver shall not apply, and therefore such Covered Person shall be subject to such obligations and duties as would otherwise apply to such Covered Person under applicable law, if the information at issue (i) constitutes material non-public information concerning the Company, (ii) constitutes confidential information (unless covered by an enforceable confidentiality agreement, in a form reasonably acceptable to the Company), (iii) constitutes highly sensitive competitive information, or (iv) is covered by a contractual obligation of confidentiality to which the Company is subject. Notwithstanding anything in this Subsection 5.6 to the contrary, nothing herein shall be construed as a waiver of any Covered Person’s fiduciary duty, duty of loyalty, or obligation of confidentiality with respect to the “disclosure” of confidential information of the Company.

Information Waiver. The Company acknowledges that the Investors each Investor, its Affiliates and their Affiliates, respective members, equity holders, limited partners, director representatives, partners, employees, agents and other related persons (such persons, “Covered Persons”) are engaged in the business of investing in private and public companies in a wide range of industries, including the industry segment in which the Company operates (the “Company Industry Segment”). Accordingly, the Company and the Investors each Investor acknowledge and agree that a each Covered Person (as such term is defined in the Restated Certificate) shall: (a) have no duty to the Company to refrain from participating as a director, investor or otherwise with respect to any company or other person or entity that is engaged in the Company Industry Segment or is otherwise competitive with the Company as long as such Covered Person does not disclose or otherwise make use of any proprietary or confidential information of the Company in connection with such participation, Company; and (b) solely in connection with making investment decisions and subject decisions, to the limitations set forth hereinfullest extent permitted by law, have no obligation of confidentiality or other duty to the Company to refrain from using any information, including, but not limited to, market trend and market data, which comes into such Covered Person’s possession, whether as a director, investor or otherwise (the “Information Waiver”), provided that the Information Waiver shall not apply, and therefore such Covered Person shall be subject to such obligations and duties as would otherwise apply to such Covered Person under applicable law, if the information at issue (i) constitutes material non-public information concerning the Company, or (ii) constitutes confidential information (unless covered by an enforceable confidentiality agreement, in a form reasonably acceptable to the Company), (iii) constitutes highly sensitive competitive information, or (iv) is covered by a contractual obligation of confidentiality to which the Company is subject. Notwithstanding anything in this Subsection 5.6 Section 11.14 to the contrary, nothing herein shall be construed as a waiver of any Covered Person’s fiduciary duty, duty of loyalty, loyalty or obligation of confidentiality with respect to the “disclosure” disclosure of confidential information of the Company.

Information Waiver. The Company acknowledges that the Investors Investor and their its Affiliates, members, equity holders, director representatives, partners, employees, agents and other related persons are engaged in the business of investing in private and public companies in a wide range of industries, including the industry segment in which the Company operates (the “Company Industry Segment”). Accordingly, the Company and the Investors Investor acknowledge and agree that a Covered Person (as such term is defined in the Restated Certificate) shall: (a) have no duty to the Company to refrain from participating as a director, investor or otherwise with respect to any company or other person or entity that is engaged in the Company Industry Segment or is otherwise competitive with the Company as long as such Covered Person does not disclose or otherwise make use of any proprietary or confidential information of the Company in connection with such participation, Company; and (b) solely in connection with making investment decisions and subject decisions, to the limitations set forth hereinfullest extent permitted by law, have no obligation of confidentiality or other duty to the Company to refrain from using any information, including, but not limited to, market trend and market data, which comes into such Covered Person’s possession, whether as a director, investor or otherwise (the “Information Waiver”), provided that the Information Waiver shall not apply, and therefore such Covered Person shall be subject to such obligations and duties as would otherwise apply to such Covered Person under applicable law, if the information at issue (i) constitutes material non-public information concerning the Company, or (ii) constitutes confidential information (unless covered by an enforceable confidentiality agreement, in a form reasonably acceptable to the Company), (iii) constitutes highly sensitive competitive information, or (iv) is covered by a contractual obligation of confidentiality to which the Company is subject. Notwithstanding anything in this Subsection 5.6 Section 11.14 to the contrary, nothing herein shall be construed as a waiver of any Covered Person’s fiduciary duty, duty of loyalty, loyalty or obligation of confidentiality with respect to the “disclosure” disclosure of confidential information of the Company.For the purposes of this Section 11. 14, “Covered Persons” shall have the meaning set forth in the Company’s Memorandum and Articles.

Information Waiver. The Company acknowledges that the Investors Investor and their its Affiliates, members, equity holders, director representatives, partners, employees, agents and other related persons are engaged in the business of investing in private and public companies in a wide range of industries, including the industry segment in which the Company operates (the “Company Industry Segment”). Accordingly, the Company and the Investors Investor acknowledge and agree that a Covered Person (as such term is defined in the Restated Certificate) shall:: 24 Shareholders Agreement (a) have no duty to the Company to refrain from participating as a director, investor or otherwise with respect to any company or other person or entity that is engaged in the Company Industry Segment or is otherwise competitive with the Company as long as such Covered Person does not disclose or otherwise make use of any proprietary or confidential information of the Company in connection with such participation, Company; and (b) solely in connection with making investment decisions and subject decisions, to the limitations set forth hereinfullest extent permitted by law, have no obligation of confidentiality or other duty to the Company to refrain from using any information, including, but not limited to, market trend and market data, which comes into such Covered Person’s possession, whether as a director, investor or otherwise (the “Information Waiver”), provided that the Information Waiver shall not apply, and therefore such Covered Person shall be subject to such obligations and duties as would otherwise apply to such Covered Person under applicable law, if the information at issue (i) constitutes material non-public information concerning the Company, or (ii) constitutes confidential information (unless covered by an enforceable confidentiality agreement, in a form reasonably acceptable to the Company), (iii) constitutes highly sensitive competitive information, or (iv) is covered by a contractual obligation of confidentiality to which the Company is subject. Notwithstanding anything in this Subsection 5.6 Section 11.14 to the contrary, nothing herein shall be construed as a waiver of any Covered Person’s fiduciary duty, duty of loyalty, loyalty or obligation of confidentiality with respect to the “disclosure” disclosure of confidential information of the Company.For the purposes of this Section 11.14, “Covered Persons” shall have the meaning set forth in the Company’s Memorandum and Articles.