Other Business Relationships. It is expressly acknowledged and agreed that The Bank of New York Mellon, in its capacity as Administrative Agent, and its respective Affiliates may engage in any kind of other banking, trust, financial advisory, or other business with any party hereto, or with the Collateral Administrator, the Custodian, the Valuation Agent, the Lender or the Borrower, in each case as though it was not the Administrative Agent hereunder. Among other things, it is acknowledged and agreed that pursuant to such activities, The Bank of New York Mellon, in its capacity as Administrative Agent, or its respective Affiliates may from time to time receive information (including information that may be subject to confidentiality obligations) and the Administrative Agent shall be under no obligation to provide such information to any party in a way that would violate any such confidentiality obligations or other obligations it may have in respect of such other business relationships.
Other Business Relationships. The parties acknowledge that each party has on-going business relationships in the materials and energy marketplaces to market and license their currently available service and product offerings. Except as set forth in Section 1 (e) and 10(b), nothing contained in this Agreement will limit the ability of either party to engage in any current or future business activities or to create business and customer relationships with other parties relating to business opportunities similar to those contemplated hereunder, including, without limitation, Seller manufacturing Components in the Production Facility or storing Components in the Storage Facility for any other purchaser of Components; provided, however, that, except as required for the efficient performance of this Agreement, neither party shall use the other party’s Confidential Information (as defined in the GEE Purchase Terms) or make or permit copies to be made of such Confidential Information without the Disclosing Party’s (as defined in the GEE Purchase Terms) prior written consent.
Other Business Relationships. Employee agrees, for a one (1)-year period following Employee’s separation from Company, not to encourage or advise any vendors, suppliers, or others possessing a business relationship with Company to terminate that relationship or to otherwise modify that relationship to Company’s detriment.
Other Business Relationships. It is expressly acknowledged and agreed that The Bank of New York Mellon, in its capacity as Collateral Agent, and its respective Affiliates may engage in any kind of other banking, trust, financial advisory, or other business with any party hereto, or with the Collateral Administrator, the Custodian, the Valuation Agent, the Lender, the Permitted Secured Hedge Counterparties or the Loan Parties, in each case as though it was not the Collateral Agent hereunder. Among other things, it is acknowledged and agreed that pursuant to such activities, The Bank of New York Mellon, in its capacity as Collateral Agent, or its respective Affiliates may from time to time receive information (including information that may be subject to confidentiality obligations) and the Collateral Agent shall be under no obligation to provide such information to any party in a way that would violate any such confidentiality obligations or other obligations it may have in respect of such other business relationships.
Other Business Relationships. Other than with respect to that certain Services Agreement between S&T Logistics, LLC and Bitrail, LLC, dated as of May 3, 2019 (the “Bitrail Contract”), the Urvan Group and the Company each hereby covenant to use their reasonable best efforts to work together to identify and terminate any remaining related party contracts, agreements, arrangements, or shared services between the Company and its subsidiaries, including but not limited to Speedlight Group I, LLC d/b/a GxxXxxxxx.xxx, on the one hand, and any entities under the direct or indirect ownership and/or control of the Urvan Group or its Affiliates, on the other hand. For the avoidance of doubt, the Company reserves all rights to terminate the Bitrail Contract in accordance with the terms of such contract.
Other Business Relationships. I hereby represent to the Company that, except as identified on Schedule B, I am not bound by any agreement or any other previous or existing business relationship that conflicts with or prevents the full performance of my duties and obligations to the Company (including my duties and obligations under this or any other agreement with the Company) during my employment, such as confidentiality agreements or covenants restricting future employment. I understand that the Company does not desire to acquire from me any trade secrets, know-how, or confidential business information that I may have acquired from others. Therefore, I agree that during my employment with the Company, I will not improperly use or disclose any proprietary information or trade secrets of any former or concurrent employer, or any other person or entity with whom I have an agreement or to whom I owe a duty to keep such information in confidence. Those persons or entities with whom I have such agreements or to whom I owe such a duty are identified on Schedule B.
Other Business Relationships. Part 3.29 of the Company Disclosure Letter sets forth a true, correct and complete list of the Company’s parcel processors, logistics providers (including customs brokers) and transport carriers, providers of hosting services (including software and service hosting), providers of currency hedging, payment or fraud prevention services and external providers of commodity classification and/or customs or tariff data (the “Key Business Partners”). Since December 31, 2014, (i) there has been no termination of any material business relationship of the Company or any of its Subsidiaries with any of the Key Business Partners, (ii) there has been no material change in the pricing or other material terms of its business relationship with any of the Key Business Partners adverse to the Company or any of its Subsidiaries and (iii) none of the Key Business Partners has notified the Company or any of its Subsidiaries in writing that any such Key Business Partner intends to terminate or adversely change in any material respect the pricing or other material terms of its business with the Company or any of its Subsidiaries.
Other Business Relationships. (a) The Company understands that KDC is a financial advisory firm which may have, and may in the future have, business relationships with parties other than the Company, which parties may have economic and other interests with respect to the Company, a purchaser, a Transaction or an Alternative Transaction. Without limiting the foregoing, the Company acknowledges and agrees that, in agreeing to provide the advisory services contemplated by this Engagement Letter, and subject to the CNDA, KDC reserves the right to pursue other business relationships and opportunities with respect to potential purchasers and other businesses that may compete with the Company. The Company acknowledges its understanding that the interests of KDC with respect to potential purchasers and other businesses may differ from those of the Company and the Company expressly waives any conflicts of interest which may result from KDC’s multiple relationships as advisor to the Company hereunder and with potential purchasers and other businesses.
(b) KDC has relationships with and provides services to a wide variety of clients and potential clients (including purchasers), some of whom may be competitors of yours. KDC is free to solicit and be engaged by any clients or potential clients (including any purchasers) in any matters that do not involve a Transaction or Alternative Transaction for which you have retained us. Notwithstanding anything contained herein, during the term of this Engagement Letter, KDC shall not provide financial advisory services similar to the services contemplated hereby to any party (including any lender) involved in a Transaction or Alternative Transaction with respect to such Transaction or Alternative Transaction (other than the Company itself). Although KDC in the course of its other relationships may acquire information about a purchaser or other parties, KDC shall have no obligation to disclose such information, or the fact that KDC is in possession of such information, to the Company or to use such information on the Company’s behalf.
Other Business Relationships. The General Partner and/or any of its respective Affiliates, may engage independently or with others in other investment or business ventures of any kind, which may be similar to or in competition with the investments or business of the Partnership. Without limiting the generality of the foregoing, the General Partner may establish, invest in or otherwise enter into contracts with other limited partnerships or other entities with the same purposes as the Partnership and in which the General Partner has substantially the same kinds of responsibilities as in this Agreement.
Other Business Relationships. Xx. Xxxxxx agrees, for a two (2)-year period following the Separation Date, not to encourage or advise any vendors, suppliers, or others possessing a business relationship with Company to terminate that relationship or to otherwise modify that relationship to the Company’s detriment.
