No Exclusive Duty to the Company. In recognition that (i) the Advisors currently have, and will in the future have or will consider acquiring, investments in numerous companies with respect to which the Advisors may serve as an advisor, a director or in some other capacity, (ii) the Advisors may have a myriad of duties to various investors and partners, (iii) the Advisors (or one or more affiliates, associated investment funds or portfolio companies) may engage in the same or similar activities or lines of business as the Company and have an interest in the same areas of corporate opportunities, (iv) the Company will derive certain benefits hereunder and (v) the Advisors, in desiring and endeavoring fully to satisfy their duties, may confront difficulties in determining the full scope of such duties in any particular situation, the provisions of this Section 5 are set forth to regulate, define and guide the conduct of certain affairs of the Company and other members of the Company Group as they may involve the Advisors.
Appears in 2 contracts
Samples: Advisory Services and Monitoring Agreement (STR Holdings (New) LLC), Advisory Services and Monitoring Agreement (STR Holdings LLC)
No Exclusive Duty to the Company. (a) In recognition that (i) the Advisors Advisor currently havehas, and will in the future have or will consider acquiring, investments in numerous companies entities with respect to which the Advisors Advisor may serve as an advisor, a director or in some other capacity, ; (ii) the Advisors Advisor may have a myriad of duties to various investors investors, stockholders and partners, ; (iii) the Advisors Advisor (or one or more affiliates, associated investment funds or portfolio companiesCompany) may engage in the same or similar activities or lines of business as the Company or other Group Companies and have an interest in the same areas of corporate opportunities, ; (iv) the Company will derive certain benefits hereunder hereunder; and (v) the AdvisorsAdvisor, in desiring and endeavoring fully to satisfy their its duties, may confront difficulties in determining the full scope of such duties in any particular situation, the provisions of this Section 5 4 are set forth to regulate, define and guide the conduct of certain affairs of the Company and other members of the Company Group Companies as they may involve the AdvisorsAdvisor.
Appears in 2 contracts
Samples: Advisory Services and Monitoring Agreement (Armored AutoGroup Inc.), Advisory Services and Monitoring Agreement (Lantheus MI Intermediate, Inc.)
