Common use of Interest in Customers and Suppliers; Affiliate Transactions Clause in Contracts

Interest in Customers and Suppliers; Affiliate Transactions. Except ----------------------------------------------------------- as described on Schedule 4.21 and except for ownership as an investment of not ------------- more than one percent (1%) of any class of capital stock of any publicly-traded company, none of Seller, the Company, any Member, any Affiliate of a Member nor any Affiliate of Seller, the Company or any Company Subsidiary (i) possesses, directly or indirectly, any financial interest in, or is a director, officer, employee or affiliate of, any Person that is a client, supplier, customer, lessor, lessee or competitor of the Company or any Company Subsidiary, (ii) owns, directly or indirectly, in whole or in part, or has any interest in any tangible or intangible property used in the conduct of the Business, or (iii) is a party to an agreement or relationship, that involves the receipt by such Person of compensation or property from the Company or any Company Subsidiary other than through a customary employment relationship or through distributions made with respect to the Company Stock or equity interests in any Company Subsidiary (provided such distributions have been made consistent with the Company's or any Company Subsidiary's, as the case may be, past custom and practices). Schedule 4.21 sets forth the parties to and the date, nature and ------------- amount of each transaction during the last five years involving the transfer of any cash, property or rights to or from the Company or any Company Subsidiary from, to or for the benefit of any Affiliates (other than customary employment relationships or distributions made with respect to the Company Stock) (" AFFILIATE TRANSACTIONS"), and any existing commitments of the Company or any Company Subsidiary to engage in the future in any Affiliate Transactions. Except as disclosed, each Affiliate Transaction and each transaction with former Affiliates of the Company or any Company Subsidiary was effected on terms equivalent to those that would have been established in an arm's-length transaction.

Interest in Customers and Suppliers; Affiliate Transactions. Except ----------------------------------------------------------- as described on Schedule 4.21 and except for ownership as an investment of not ------------- more than one percent (1%) of any class of capital stock of any publicly-traded company, none of the Seller, the Company, any Memberof its members, any Affiliate of a Member nor its members, any Affiliate of the Seller, the Company or nor any Company Subsidiary (i) possesses, directly or indirectly, any financial interest in, or is a director, officer, employee or affiliate of, any Person that is a client, supplier, customer, lessor, lessee or competitor of the Seller, the Company or any Company Subsidiary, (ii) owns, directly or indirectly, in whole or in part, or has any interest in any tangible or intangible property used in the conduct of the Business, or (iii) is a party to an agreement or relationship, that involves the receipt by such Person of compensation or property from the Seller, the Company or any Company Subsidiary other than through a customary employment relationship or through distributions made with respect to the Company Stock Seller Interests or equity interests in any Company Subsidiary (provided such distributions have been made consistent with the Seller's, the Company's or any Company Subsidiary's, as the case may be, past custom and practices). Schedule 4.21 sets forth the parties to and the date, nature and ------------- amount of each transaction during the last five years involving the transfer of any cash, property or rights to or from the Seller, the Company or any Company Subsidiary from, to or for the benefit of any Affiliates (other than customary employment relationships or distributions made with respect to the Company StockSeller Interests) (" AFFILIATE TRANSACTIONS"Affiliate Transactions"), and any existing commitments of the Seller, the Company or any Company Subsidiary to engage in the future in any Affiliate Transactions. Except as disclosed, each Affiliate Transaction and each transaction with former Affiliates of the Seller, the Company or any Company Subsidiary was effected on terms equivalent to those that would have been established in an arm's-length transaction.

Interest in Customers and Suppliers; Affiliate Transactions. Except ----------------------------------------------------------- as described on Schedule 4.21 and except for ownership as an investment of not ------------- more than one percent (1%) of any class of capital stock of any publicly-traded company, none of Seller, the Company, any MemberPartner, any Affiliate of a Member Partner nor any Affiliate of Seller, the Company or any Company Subsidiary (i) possesses, directly or indirectly, any financial interest in, or is a director, officer, employee or affiliate of, any Person that is a client, supplier, customer, lessor, lessee or competitor of the Company or any Company Subsidiary, (ii) owns, directly or indirectly, in whole or in part, or has any interest in any tangible or intangible property used in the conduct of the Business, or (iii) is a party to an agreement or relationship, that involves the receipt by such Person of compensation or property from the Company or any Company Subsidiary other than through a customary employment relationship or through distributions made with respect to the Company Stock or equity interests in any Company Subsidiary (provided such distributions have been made consistent with the Company's or any Company Subsidiary's, as the case may be, past custom and practices). Schedule 4.21 sets forth the parties to and the date, nature and ------------- amount of each transaction during the last five years involving the transfer of any cash, property or rights to or from the Company or any Company Subsidiary from, to or for the benefit of any Affiliates (other than customary employment relationships or distributions made with respect to the Company Stock) (" "AFFILIATE TRANSACTIONS"), and any existing commitments of the Company or any Company Subsidiary to engage in the future in any Affiliate Transactions. Except as disclosed, each Affiliate Transaction and each transaction with former Affiliates of the Company or any Company Subsidiary was effected on terms equivalent to those that would have been established in an arm's-length transaction.

Interest in Customers and Suppliers; Affiliate Transactions. Except ----------------------------------------------------------- as described on Schedule 4.21 and except for ownership as an investment of not ------------- more than one percent (1%) of any class of capital stock of any publicly-traded company, none of Seller, the Company, any Memberno Stockholder, any Affiliate of a Member nor any Stockholder or Affiliate of Seller, the Company or any Company Subsidiary (i) possesses, directly or indirectly, any financial interest in, or is a director, officer, employee or affiliate of, of any Person that is a client, supplier, customer, lessor, lessee or competitor of the Company or any Company Subsidiary, (ii) owns, directly or indirectly, in whole or in part, or has any interest in any tangible or intangible property used in the conduct of the Business, or (iii) is a party to an agreement or relationship, that involves the receipt by such Person of compensation or property from the Company or any Company Subsidiary other than through a customary employment relationship or through distributions made with respect to the Company Stock or equity interests in any Company Subsidiary (provided such distributions have been made consistent with the Company's or any Company Subsidiary's, as the case may be, past custom and practices). Schedule 4.21 ------------- sets forth the parties to and the date, nature and ------------- amount of each transaction during the last five (5) years involving the transfer of any cash, property or rights to or from the Company or any Company Subsidiary from, to or for the benefit of any Affiliates (other than customary employment relationships or distributions made with respect to the Company Stock) (" "AFFILIATE TRANSACTIONS"), and any existing commitments of the Company or any Company Subsidiary to engage in the future in any Affiliate Transactions. Except as disclosed, each Affiliate Transaction and each transaction with former Affiliates of the Company or any Company Subsidiary was effected on terms equivalent to those that would have been established in an arm's-length transaction.

Interest in Customers and Suppliers; Affiliate Transactions. Except ----------------------------------------------------------- as described on Schedule 4.21 and except for ownership as an investment of not ------------- more than one percent (1%) of any class of capital stock of any publicly-traded company, none of SellerManagement, the Company, any Member, any Affiliate of a Member nor any Affiliate of SellerManagement, the Company or any Company Subsidiary (i) possesses, directly or indirectly, any financial interest in, or is a director, officer, employee or affiliate of, any Person that is a client, supplier, customer, lessor, lessee or competitor of the Company or any Company Subsidiary, (ii) owns, directly or indirectly, in whole or in part, or has any interest in any tangible or intangible property used in the conduct of the Business, or (iii) is a party to an agreement or relationship, that involves the receipt by such Person of compensation or property from the Company or any Company Subsidiary other than through a customary employment relationship or through distributions made with respect to the Company Stock or equity interests in any Company Subsidiary (provided such distributions have been made consistent with the Company's or any Company Subsidiary's, as the case may be, past custom and practices). Schedule 4.21 sets forth the parties to and the date, nature and ------------- amount of each transaction during the last five years involving the transfer of any cash, property or rights to or from the Company or any Company Subsidiary from, to or for the benefit of any Affiliates (other than customary employment relationships or distributions made with respect to the Company Stock) (" "AFFILIATE TRANSACTIONS"), and any existing commitments of the Company or any Company Subsidiary to engage in the future in any Affiliate Transactions. Except as disclosed, each Affiliate Transaction and each transaction with former Affiliates of the Company or any Company Subsidiary was effected on terms equivalent to those that would have been established in an arm's-length transaction.

Interest in Customers and Suppliers; Affiliate Transactions. Except ----------------------------------------------------------- as described on Schedule 4.21 and except for ownership as an investment of not ------------- more than one percent (1%) of any class of capital stock of any publicly-traded company, none of Seller, the Company, any Member, any Affiliate of a Member nor any Affiliate of Seller, the Company or any Company Subsidiary (i) possesses, directly or indirectly, any financial interest in, or is a director, officer, employee or affiliate of, any Person that is a client, supplier, customer, lessor, lessee or competitor of the Company or any Company Subsidiary, (ii) owns, directly or indirectly, in whole or in part, or has any interest in any tangible or intangible property used in the conduct of the Business, or (iii) is a party to an agreement or relationship, that involves the receipt by such Person of compensation or property from the Company or any Company Subsidiary other than through a customary employment relationship or through distributions made with respect to the Company Stock or equity interests in any Company Subsidiary (provided such distributions have been made consistent with the Company's or any Company Subsidiary's, as the case may be, past custom and practices). Schedule 4.21 sets forth the parties to and the date, nature and ------------- amount of each transaction during the last five years involving the transfer of any cash, property or rights to or from the Company or any Company Subsidiary from, to or for the benefit of any Affiliates (other than customary employment relationships or distributions made with respect to the Company Stock) (" AFFILIATE TRANSACTIONS"Affiliate Transactions"), and any existing commitments of the Company or any Company Subsidiary to engage in the future in any Affiliate Transactions. Except as disclosed, each Affiliate Transaction and each transaction with former Affiliates of the Company or any Company Subsidiary was effected on terms equivalent to those that would have been established in an arm's-length transaction.

Interest in Customers and Suppliers; Affiliate Transactions. Except ----------------------------------------------------------- as described on Schedule 4.21 and except for ownership as an investment of not ------------- more than one percent (1%) of any class of capital stock of any publicly-traded company, none of Seller, the Company, any no Member, any Affiliate of a Member nor any or Affiliate of the Seller, the Company or any Company Subsidiary (i) possesses, directly or indirectly, any financial interest in, or is a director, officer, employee or affiliate of, any Person that is a client, supplier, customer, lessor, lessee or competitor of the Seller, the Company or any Company Subsidiary, (ii) owns, directly or indirectly, in whole or in part, or has any interest in any tangible or intangible property used in the conduct of the Business, or (iii) is a party to an agreement or relationship, that involves the receipt by such Person of compensation or property from the Seller, the Company or any Company Subsidiary other than through a customary employment relationship or through distributions made with respect to the Company Stock Seller Interests or equity interests in any Company Subsidiary (provided such distributions have been made consistent with the Seller's, the Company's or any Company Subsidiary's, as the case may be, past custom and practices). Schedule 4.21 sets forth the parties to and the date, ------------- nature and ------------- amount of each transaction during the last five years involving the transfer of any cash, property or rights to or from the Seller, the Company or any Company Subsidiary from, to or for the benefit of any Affiliates (other than customary employment relationships relationships, or distributions made with respect to the Company StockSeller Interests) (" "AFFILIATE TRANSACTIONS"), and any existing commitments of the Seller, the Company or any Company Subsidiary to engage in the future in any Affiliate Transactions. Except as disclosed, each Affiliate Transaction and each transaction with former Affiliates of the Seller, the Company or any Company Subsidiary was effected on terms equivalent to those that would have been established in an arm's-length transaction.

Interest in Customers and Suppliers; Affiliate Transactions. Except ----------------------------------------------------------- as described on Schedule 4.21 and except for ownership as an investment of not ------------- more than one percent (1%) of any class of capital stock of any publicly-traded company, none of SellerHoldings, the Company, any Membermember of Holdings, any Affiliate of a Member any such member nor any Affiliate of SellerHoldings, the Company or any Company Subsidiary (i) possesses, directly or indirectly, any financial interest in, or is a director, officer, employee or affiliate of, any Person that is a client, supplier, customer, lessor, lessee or competitor of the Company or any Company Subsidiary, (ii) owns, directly or indirectly, in whole or in part, or has any interest in any tangible or intangible property used in the conduct of the Business, or (iii) is a party to an agreement or relationship, that involves the receipt by such Person of compensation or property from the Company or any Company Subsidiary other than through a customary employment relationship or through distributions made with respect to the Company Stock or equity interests in any Company Subsidiary (provided such distributions have been made consistent with the Company's or any Company Subsidiary's, as the case may be, past custom and practices). Schedule 4.21 sets forth the parties to and the date, nature and ------------- amount of each transaction during the last five years involving the transfer of any cash, property or rights to or from the Company or any Company Subsidiary from, to or for the benefit of any Affiliates (other than customary employment relationships or distributions made with respect to the Company Stock) (" AFFILIATE TRANSACTIONS"Affiliate Transactions"), and any existing commitments of the Company or any Company Subsidiary to engage in the future in any Affiliate Transactions. Except as disclosed, each Affiliate Transaction and each transaction with former Affiliates of the Company or any Company Subsidiary was effected on terms equivalent to those that would have been established in an arm's-length transaction.

Interest in Customers and Suppliers; Affiliate Transactions. Except ----------------------------------------------------------- as described on Schedule 4.21 and except for ownership as an investment of not ------------- more than one percent (1%) of any class of capital stock of any publicly-traded company, none of the Seller, the Company, any Member, any Affiliate of a Member nor any Affiliate of the Seller, the Company or any Company Subsidiary (i) possesses, directly or indirectly, any financial interest in, or is a director, officer, employee or affiliate of, any Person that is a client, supplier, customer, lessor, lessee or competitor of the Company or any Company Subsidiary, (ii) owns, directly or indirectly, in whole or in part, or has any interest in any tangible or intangible property used in the conduct of the Business, or (iii) is a party to an agreement or relationship, that involves the receipt by such Person of compensation or property from the Company or any Company Subsidiary other than through a customary employment relationship or through distributions made with respect to the Company Stock or equity interests in any Company Subsidiary (provided such distributions have been made consistent with the Company's or any Company Subsidiary's, as the case may be, past custom and practices). Schedule 4.21 sets forth the parties to and the date, nature and ------------- amount of each transaction during the last five years involving the transfer of any cash, property or rights to or from the Company or any Company Subsidiary from, to or for the benefit of any Affiliates (other than customary employment relationships relationships, or distributions made with respect to the Company Stock) (" "AFFILIATE TRANSACTIONS"), and any existing commitments of the Company or any Company Subsidiary to engage in the future in any Affiliate Transactions. Except as disclosed, each Affiliate Transaction and each transaction with former Affiliates of the Company or any Company Subsidiary was effected on terms equivalent to those that would have been established in an arm's-length transaction.

Interest in Customers and Suppliers; Affiliate Transactions. Except ----------------------------------------------------------- as described on Schedule 4.21 and except for ownership as an investment of not ------------- more than one percent (1%) of any class of capital stock of any publicly-traded company, none of Seller, the Company, any Memberof its stockholders, any Affiliate of a Member nor its stockholders, any Affiliate of Seller, the Company or nor any Company Subsidiary (i) possesses, directly or indirectly, any financial interest in, or is a director, officer, employee or affiliate of, any Person that is a client, supplier, customer, lessor, lessee or competitor of the Company or any Company Subsidiary, (ii) owns, directly or indirectly, in whole or in part, or has any interest in any tangible or intangible property used in the conduct of the Business, or (iii) is a party to an agreement or relationship, that involves the receipt by such Person of compensation or property from the Company or any Company Subsidiary other than through a customary employment relationship or through distributions made with respect to the Company Stock or equity interests in any Company Subsidiary (provided such distributions have been made consistent with the Company's or any Company Subsidiary's, as the case may be, past custom and practices). Schedule 4.21 sets forth the parties to and the date, nature and ------------- amount of each transaction during the last five years involving the transfer of any cash, property or rights to or from the Company or any Company Subsidiary from, to or for the benefit of any Affiliates (other than customary employment relationships or distributions made with respect to the Company Stock) (" AFFILIATE TRANSACTIONS"Affiliate Transactions"), and any existing commitments of the Company or any Company Subsidiary to engage in the future in any Affiliate Transactions. Except as disclosed, each Affiliate Transaction and each transaction with former Affiliates of the Company or any Company Subsidiary was effected on terms equivalent to those that would have been established in an arm's-length transaction.

Interest in Customers and Suppliers; Affiliate Transactions. Except ----------------------------------------------------------- as described on Schedule 4.21 and except for ownership as an investment of not ------------- more than one percent (1%) of any class of capital stock of any publicly-traded company, none of no Partner, Seller, the Company, any Member, any Affiliate of a Member nor any Partner or Seller or Affiliate of SellerHCVT, the Company or any Company Subsidiary (i) possesses, directly or indirectly, any financial interest in, or is a director, officer, employee or affiliate of, any Person that is a client, supplier, customer, lessor, lessee or competitor of HCVT, the Company or any Company Subsidiary, (ii) owns, directly or indirectly, in whole or in part, or has any interest in any tangible or intangible property used in the conduct of the Business, or (iii) is a party to an agreement or relationship, that involves the receipt by such Person of compensation or property from the Company or any Company Subsidiary other than through a customary employment relationship or through distributions made with respect to the Company Stock HCVT Interests or equity interests in any Company Subsidiary (provided such distributions have been made consistent with HCVT's the Company's or any Company Subsidiary's, as the case may be, past custom and practices). Schedule 4.21 sets forth the parties to and the date, nature and ------------- amount of each ------------- transaction during the last five years involving the transfer of any cash, property or rights to or from HCVT, the Company or any Company Subsidiary from, to or for the benefit of any Affiliates (other than customary employment relationships relationships, or distributions made with respect to the Company StockHCVT Interests) (" "AFFILIATE TRANSACTIONS"), ) and any existing commitments of HCVT, the Company or any Company Subsidiary to engage in the future in any Affiliate Transactions. Except as disclosed, each Affiliate Transaction and each transaction with former Affiliates of HCVT, the Company or any Company Subsidiary was effected on terms equivalent to those that would have been established in an arm's-length transaction.