Other Business Opportunities. The Member and any person or entity affiliated with the Member may engage in or possess an interest in other business opportunities or ventures (unconnected with the Company) of every kind and description, independently or with others, including, without limitation, businesses that may compete with the Company. Neither the Member or any person or entity affiliated with the Member shall be required to present any such business opportunity or venture to the Company, even if the opportunity is of the character that, if presented to the Company, could be taken by it. Neither the Company nor any person or entity affiliated with the Company shall have any rights in or to such business opportunities or ventures or the income or profits derived therefrom by virtue of this Agreement, notwithstanding any duty otherwise existing at law or in equity. The provisions of this Section shall apply to the Member solely in its capacity as member of the Company and shall not be deemed to modify any contract or arrangement, including, without limitation, any noncompete provisions, otherwise agreed to by the Company and the Member.
Appears in 100 contracts
Samples: Limited Liability Company Agreement, Limited Liability Company Agreement (Summit Materials, LLC), Company Agreement (N.R. Hamm Contractor, LLC)
Other Business Opportunities. The Member and any person or entity affiliated with the Member may engage in or possess an interest in other business opportunities or ventures (unconnected with the Company) of every kind and description, independently or with others, including, without limitation, businesses that may compete with the CompanyCompany or the Manager. Neither the Member or nor any person or entity affiliated with the Member shall be required to present any such business opportunity or venture to the CompanyCompany or the Manager, even if the opportunity is of the character that, if presented to the Companyany of such persons, could be taken by itthem. Neither the Company Company, the Manager nor any person or entity affiliated with any of the Company foregoing shall have any rights in or to such business opportunities or ventures or the income or profits derived therefrom by virtue of this Agreement, notwithstanding any duty otherwise existing at law or in equity. The provisions of this Section shall apply to the Member solely in its capacity as member of the Company and shall not be deemed to modify any contract or arrangement, including, without limitation, any noncompete provisions, otherwise agreed to by the Company and the Member.
Appears in 28 contracts
Samples: Limited Liability Company Agreement (Sprint Capital Corp), Limited Liability Company Agreement (Sprint Capital Corp), Limited Liability Company Agreement (Sprint Capital Corp)
Other Business Opportunities. The Member Members and any person or entity affiliated with any of the Member Members may engage in or possess an interest in other business opportunities or ventures (unconnected with the Company) of every kind and description, independently or with others, including, without limitation, businesses that may compete with the Company, the other Members and/or the Manager. Neither the No Member or any person or entity affiliated with the any Member shall be required to present any such business opportunity or venture to the Company, any other Member or the Manager, even if the opportunity is of the character that, if presented to the Companyany of such persons, could be taken by itthem. Neither None of the Company nor Company, any other Member, the Manager or any person or entity affiliated with any of the Company foregoing shall have any rights in or to such business opportunities or ventures or the income or profits derived therefrom by virtue of this Agreement, notwithstanding any duty otherwise existing at law or in equity. The provisions of this Section shall apply to the Member Members solely in their capacity as members of the Company and the Manager solely in its capacity as member of the Company manager and shall not be deemed to modify any contract or arrangement, including, without limitation, any noncompete provisions, otherwise agreed to by the Company and any Member or the MemberManager.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (TNHC - Santa Clarita GP LLC), Limited Liability Company Agreement (TNHC - Santa Clarita GP LLC)
Other Business Opportunities. The Member and any person individual, corporation, partnership, limited liability company, joint venture, association, trust, governmental authority or other entity or organization (each, a “Person”) affiliated with the Member may engage in or possess an interest in other business opportunities or ventures (unconnected with the Company) of every kind and description, independently or of with others, including, without limitation, businesses that may compete with the Company. Neither the Member or any person or entity Person affiliated with the Member shall be required to present any such business opportunity or venture to the Company, even if the opportunity is of the character that, if presented to the Company, could be taken by it. Neither the Company nor any person or entity Person affiliated with the Company shall have any rights in or to such business opportunities or ventures or the the, income or profits derived therefrom by virtue of this Agreement, notwithstanding any duty otherwise existing at law or in equity. The provisions of this ofthis Section 15 shall apply to the Member solely in its capacity as member of the Company and shall not be deemed to modify any contract or of arrangement, including, without limitation, any noncompete provisions, otherwise agreed to by the Company and the Member.
Appears in 1 contract
Other Business Opportunities. The Member and any person or entity affiliated with the Member may engage in or possess an interest in other business opportunities or ventures (unconnected with the Company) of every kind and description, independently or with others, including, without limitation, businesses that may compete with the Company. Neither the Member or nor any person or entity affiliated with the Member shall be required to present any such business opportunity or venture to the Company, even if the opportunity is of the character that, if presented to the Company, could be taken by it. Neither the Company nor any person or entity affiliated with the Company shall have any rights in or to such business opportunities or ventures or the income or profits derived therefrom by virtue of this Agreement, notwithstanding any duty otherwise existing at law or in equity. The provisions of this Section shall apply to the Member solely in its capacity as member of the Company and shall not be deemed to modify any contract or arrangement, including, without limitation, any noncompete provisions, otherwise agreed to by the Company and the Member.
1 Pursuant to Section 29-804.07 of the Act, if desired, the Member may appoint officers of the Company. An example of an enabling provision is as follows: "
Appears in 1 contract
Samples: Operating Agreement
Other Business Opportunities. The Member Notwithstanding any duty otherwise existing at law or in equity, the Members and any person or entity affiliated with any of the Member Members may engage in or possess an interest in other business opportunities or ventures (unconnected with the Company) of every kind and description, independently or with others, including, without limitation, businesses that may compete with the CompanyCompany and/or the other Members. Neither the Member or Members nor any person or entity affiliated with the any Member shall be required to present any such business opportunity or venture to the CompanyCompany or any other Member, even if the opportunity is of the character that, if presented to the Companyany of such persons or entities, could be taken by itthem. Neither None of the Company nor Company, any other Member or any person or entity affiliated with any of the Company foregoing shall have any rights in or to such business opportunities or ventures or the income or profits derived therefrom by virtue of this Agreement, notwithstanding any duty otherwise existing at law or in equity. The provisions of this Section shall apply to the each Member solely in its capacity as a member of the Company and shall not be deemed to modify any contract or arrangement, including, without limitation, any noncompete provisions, otherwise agreed to by the Company and the binding on any Member.
Appears in 1 contract
Samples: Senior Bridge Facility Agreement
Other Business Opportunities. The Member and any person or entity affiliated with the Member may engage in or possess an interest in other business opportunities or ventures (unconnected with the Company) of every kind and description, independently or with others, including, without limitation, businesses that may compete with the Company. Neither the Member or any person or entity affiliated with the Member shall be required to present any such business opportunity or venture to the Company, even if the opportunity is of the character that, if presented to the Company, could be taken by it. Neither the Company nor any person or entity affiliated with the Company shall have any rights in or to such business opportunities or ventures or the income or profits derived therefrom by virtue of this Agreement, notwithstanding any duty otherwise existing at law or in equity. The provisions of this Section shall apply to the Member solely in its capacity as member of the Company and shall not be deemed to modify any contract or arrangement, including, without limitation, any noncompete provisions, otherwise agreed to by the Company and the Member.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Cnu of Virginia, LLC)
Other Business Opportunities. The Member and any person or entity affiliated with the Member may engage in or possess an interest in other business opportunities or ventures (unconnected with the Company) of every kind and description, independently or with others, including, without limitation, businesses that may compete with the Company. Neither the Member or nor any person or entity affiliated with the Member shall be required to present any such business opportunity or venture to the Company, even if the opportunity is of the character that, if presented to the Company, could be taken by it. Neither the Company nor any person or entity affiliated with the Company shall have any rights in or to such business opportunities or ventures or the income or profits derived therefrom by virtue of this Agreement, notwithstanding any duty otherwise existing at law or in equity. The provisions of this Section shall apply to the Member solely in its capacity as member of the Company and shall not be deemed to modify any contract or arrangement, including, without limitation, any noncompete provisions, arrangement otherwise agreed to by the Company and the Member..
Appears in 1 contract
Samples: Unit Purchase Agreement (Northwest Biotherapeutics Inc)
Other Business Opportunities. The Member and any person or entity affiliated with the Member may engage in or possess an interest in other business opportunities or ventures (unconnected with the Company) of every kind and description, independently or with others, including, without limitation, businesses that may compete with the CompanyCompany and/or the Managers. Neither the Member or any person or entity affiliated with the Member shall be required to present any such business opportunity or venture to the CompanyCompany or any Manager, even if the opportunity is of the character that, if presented to the Companyany such person, could be taken by itthem. Neither None of the Company nor Company, any Manager or any person or entity affiliated with any of the Company foregoing shall have any rights in or to such business opportunities or ventures or the income or profits derived therefrom by virtue of this Agreement, notwithstanding any duty otherwise existing at law or in equity. The provisions of this Section shall apply to the Member solely in its capacity as member of the Company and shall not be deemed to modify any contract or arrangement, including, without limitation, any noncompete provisions, otherwise agreed to by the Company and the Member.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Cnu of Virginia, LLC)
Other Business Opportunities. The Member and any person or entity affiliated with the Member may engage in or possess an interest in other business opportunities or ventures (unconnected with the Company) of every kind and description, independently or with others, including, without limitation, businesses that may compete with the CompanyCompany or the Managers. Neither the Member or nor any person or entity affiliated with the Member shall be required to present any such business opportunity or venture to the CompanyCompany or the Managers, even if the opportunity is of the character that, if presented to the Companyany of such persons, could be taken by itthem. Neither the Company Company, the Managers nor any person or entity affiliated with any of the Company foregoing shall have any rights in or to such business opportunities or ventures or the income or profits derived therefrom by virtue of this Agreement, notwithstanding any duty otherwise existing at law or in equity. The provisions of this Section shall apply to the Member solely in its capacity as member of the Company and shall not be deemed to modify any contract or arrangement, including, without limitation, any noncompete provisions, otherwise agreed to by the Company and the Member.. MetroPCS Michigan, LLC Limited Liability Company Agreement
Appears in 1 contract
Samples: Limited Liability Company Agreement (Suncom Wireless Property Co, L.L.C.)
Other Business Opportunities. The Notwithstanding any duty otherwise existing at law or in equity, subject to Section 5.5, any Member and any person or entity affiliated with any of the Member Members may engage in or possess an interest in other business opportunities or ventures (unconnected with the Company) of every kind and description, independently or with others, including, without limitation, businesses that may compete with the Company. Neither the a Member or nor any person or entity affiliated with the any Member shall be required to present any such business opportunity or venture to the Company, any other Member or any Manager, even if the opportunity is of the character that, if presented to the Companyany of such persons or entities, could be taken by itthem. Neither None of the Company nor Company, any other Member, any Manager or any person or entity affiliated with any of the Company foregoing shall have any rights in or to such business opportunities or ventures or the income or profits derived therefrom by virtue of this Agreement, notwithstanding any duty otherwise existing at law or in equity. The provisions of this Section 5.4 shall apply to the each Member solely in its their capacity as member of the Company such and shall not be deemed to modify any contract or arrangement, including, without limitation, any noncompete provisions, otherwise agreed to by the Company and the any Member.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Calumet Specialty Products Partners, L.P.)
Other Business Opportunities. The Member and any person or entity affiliated with the Member may engage in or possess an interest in other business opportunities or ventures (unconnected with the Company) of every kind and description, independently or with others, including, without limitation, including businesses that may compete with the Company. Neither the Member or nor any person or entity affiliated with the Member shall be required to present any such business opportunity or venture to the Company, even if the opportunity is of the character that, if presented to the Company, could be taken by it. Neither the Company nor any person or entity affiliated with the Company shall have any rights in or to such business opportunities or ventures or the income or profits derived therefrom by virtue of this Agreement, notwithstanding any duty otherwise existing at law or in equity. The provisions of this Section shall apply to the Member solely in its capacity as member of the Company and shall not be deemed to modify any contract or arrangement, including, including without limitation, limitation any noncompete provisions, otherwise agreed to by the Company and the Member.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Summit Midstream Partners, LP)
Other Business Opportunities. The Member Members and any person or entity affiliated with the Member Members may engage in or possess an interest in other business opportunities or ventures (unconnected with the Company) of every kind and description, independently or with others, including, without limitation, businesses that may compete with the CompanyCompany or the Manager. Neither the Member or Members nor any person or entity affiliated with the Member Members shall be required to present any such business opportunity or venture to the CompanyCompany or the Manager, even if the opportunity is of the character that, if presented to the Companyany of such persons, could be taken by itthem. Neither the Company Company, the Manager nor any person or entity affiliated with any of the Company foregoing shall have any rights in or to such business opportunities or ventures or the income or profits derived therefrom by virtue of this Agreement, notwithstanding any duty otherwise existing at law or in equity. The provisions of this Section shall apply to the Member Members solely in its their capacity as member members of the Company and shall not be deemed to modify any contract or arrangement, including, without limitation, any noncompete provisions, otherwise agreed to by the Company and the MemberMembers.
Appears in 1 contract
Samples: Limited Liability Company Agreement (T-Mobile Innovations LLC)