Non-Competition of the Investor. Subject to Section 9.3, each Class C Shareholder agrees and covenants that, for the period commencing on the date of this Agreement and ending on the first year anniversary of the date that such Class C Shareholder ceases to have the right to appoint a Director pursuant to Section 5.1, neither such Class C Shareholder nor any of its Affiliates shall directly or indirectly, invest in, or provide services to, whether alone or jointly with others or whether as principal, agent, shareholder or otherwise, whether through its nominees, trustees, representatives or any other Persons, and whether for its own benefit or that of others, any business that, in Greater China as a material portion of its business, (i) sells (whether for revenue-sharing or cash), leases or distributes large format cinema equipment or technology, (ii) provides digital re-mastering or other image enhancement services to movie studios, or (iii) markets, distributes, sells, leases or maintains custom-built home theatres with a sale price of no more than US$1,500,000. For the avoidance of doubt, the foregoing restriction does not affect or prohibit any investment in or services to cinema operators, including multiplex operators, whether or not they offer a premium movie-going experience.
