Right to Conduct Business. The Company hereby acknowledges that each Purchaser may invest in numerous companies, some of which may be competitive with the Company’s business. No Purchaser shall be liable for any claim arising out of or based upon (a) the investment by any Purchaser in any entity competitive with the Company, or (b) actions taken by any partner, officer or other representative of any Purchaser to assist any such competitive company, whether or not such action was taken as a board member of such competitive company or otherwise, and whether or not such action has a detrimental effect on the Company; provided that each Purchaser shall remain subject to its obligations under this Agreement, the Warrants and the Transaction Agreements to which it is a party in the course of such investments or taking such actions.
Right to Conduct Business. The Company hereby agrees and acknowledges that Alliance or Bosch is a professional investment organization, and as such reviews the business plans and related proprietary information of many enterprises, some of which may compete directly or indirectly with the Company’s business (as currently conducted or as currently propose to be conducted). The Company hereby agrees that, to the extent permitted under applicable Law, Alliance or Bosch shall not be liable to the Company for any claim arising out of, or based upon, (i) the investment by Alliance or Bosch in any entity competitive with the Company, or (ii) actions taken by any partner, officer, employee or other representative of Alliance or Bosch to assist any such competitive company, whether or not such action was taken as a member of the board of directors of such competitive company or otherwise, and whether or not such action has a detrimental effect on the Company; provided, however, that the foregoing shall not relieve (x) Alliance or Bosch from liability associated with the unauthorized disclosure of the Company’s confidential information obtained pursuant to this Agreement, or (y) any director or officer of the Company from any liability associated with his or her fiduciary duties to the Company, as applicable.
Right to Conduct Business. The Company hereby acknowledges that the Purchasers invest in numerous companies, some of which may be competitive with the Company’s business. The Purchasers shall not be liable for any claim arising out of, related to or based upon (i) the investment by the Purchasers in any entity competitive to the Company, or (ii) actions taken by any partner, officer or other representative of the Purchasers to assist any such competitive company, whether or not such action was taken as a board member of such competitive company or otherwise, and whether or not such action has a detrimental effect on the Company.
Right to Conduct Business. KSE and its Affiliates are engaged primarily in the business of providing a comprehensive system of healthcare and related services, including education and research. Neither KSE nor any of its Affiliates is subject to any judgment, order, decree, writ, injunction or criminal penalty imposed by any Governmental Authority that would have a material adverse effect upon the ability of KSE to engage in such business or to perform its obligations under this Agreement.
Right to Conduct Business. PSA must obtain all necessary certificates, licenses, and permits required by city, county, state, and federal law in order to perform the services described in this Agreement.
Right to Conduct Business. The Company hereby acknowledges that ICG invests in numerous companies, some of which may be competitive with the Company’s business. ICG shall not be liable for any claim arising out of, related to or based upon (i) the investment by ICG in any entity competitive to the Company, or (ii) actions taken by any partner, officer or other representative of ICG to assist any such competitive company, whether or not such action was taken as a board member of such competitive company or otherwise, and whether or not such action has a detrimental effect on the Company.
Right to Conduct Business. The Company hereby acknowledges that ICG invests in numerous companies, some of which may be competitive with the Company’s business. ICG shall not be liable for any claim arising out of, related to or based upon (i) the investment by ICG in any entity competitive to the Company, or (ii) actions taken by any partner, officer or other representative of ICG to assist any such competitive company, whether or not such action was taken as a board member of such competitive company or otherwise, and whether or not such action has a detrimental effect on the Company. Sandler Internet Partners, X.X. Xxxxxxx Capital Partners IV, X.X. Xxxxxxx Capital Partners IV FTE, X.X. Xxxxxxx Co-Investment Partners, L.P. Axiom Venture Partners II, LP J. Xxxxx Xxxxxxxxx, Trustee FBO Xxxxx Xxxxxxxxx Pennstone, LLC Xxxxx Capital Partners, LLC Xxxxxx Xxxxxxx Xxxx Xxxxxx Inc. C/F X. Xxxxx Xxxxxxxxx, XXX Rollover Xxxx Xxxxxxxxx Xxxx X. Xxxxxx Xxxxx Xxxxxx Xxxx X. Xxxxxxx and Xxxxx X. Xxxxxxx Xxxxxxx Xxxxxx Xxxxx X. Xxxxxxxxx Xxxxxxx Xxxx Xxxxxx Xxxx X’Xxxxx Wall Street Technology Partners XX Xxxxxxxx Ventures, X.X. Xxxxxxxx Venture Partners II, LLC UBS Capital Americas II, LLC Mayflower L.P. (formerly 3i Group, PLC) M&M Capital Partners Xxxx Xxxxxx Xxxxxx X. Xxxx, Xx. Xxxxxxx X. Xxxxxxxxx Mayflower L.P. (formerly 3i Group, PLC) V-Sys, Ltd Avi Xxxxxx Xxxxxxx Xxxxx Xxxxx Xxxxxxx Xxxxxx Xxxxxx Xxxxxx Xxxxx Xxxxxx Xxxxx Xxxx X’Xxxx Xxxxx Xxxxxxxxx Xxxxxxx Xxxxxxx Xxxxx XxXxxx Xxxxxxxx Xxxxxxx Mayflower L.P. (formerly 3i Group, PLC) UBS Capital Americas II, LLC Sandler Capital Partners IV, X.X. Xxxxxxx Capital Partners IV FTE, X.X. Xxxxxxx Technology Partners Subsidiary, LLC Sandler Co-Investment Partners, L.P. Wall Street Technology Partners XX Xxxxxxxx Ventures, X.X. Xxxxx Capital Partners II, LLC Axiom Venture Partners II, LP CommerceQuest, Inc. CommerceQuest UK Limited ICG Holdings, Inc. Mayflower L.P. Wall Street Technology Partners LP This Notice of Article Sixteenth of the Fifth Articles of Amendment and Restatement of Metastorm Inc. (the “Company”) is being delivered to you pursuant to Section 5.5 of that certain Fourth Amended and Restated Stockholders Agreement, dated October 4, 2005 (the “Stockholders Agreement”) by and among the Company and the Stockholders (as defined in the Stockholders Agreement). 3i Group, plc, a holding company of one of the Company’s Preferred Stock holders (collectively, the “3i Entities”), is incorporated in Europe and is subject to a European Directive...
Right to Conduct Business. Except as disclosed on Schedule 3.9, neither PSC nor any affiliate thereof has entered into any contract, agreement, commitment or
Right to Conduct Business. The Company’s business relationships with Commercial Establishments and Subcontractors are independent of this Agreement, and there is no City responsibility to any Subcontractors or Commercial Establishments.
Right to Conduct Business. The Investors shall not be liable for any claim arising out of, or based upon (i) the investment by the Investors in any entity competitive to the Company and (ii) actions taken by any partner, officer, affiliate or other representative of the Investors to assist any such competitive company, whether or not such action was taken as a board member of such competitive company, or otherwise, and whether or not such action has a detrimental effect on the Company. The foregoing shall not relieve the Investors from any liability or claim arising out of any breach of any confidentiality or fiduciary obligation described herein or as set forth in any other agreement between the Company and the Investors.
