Common use of Transactions Between the Company and the Manager Clause in Contracts

Transactions Between the Company and the Manager. The Manager ------------------------------------------------ may not, and may not cause the Manager's Affiliates to, and shall cause such Affiliate to not engage in any transaction (including, without limitation, the purchase, sale, lease, or exchange of any property; the rendering of any service; the borrowing or lending of money; or the establishment of any salary, other compensation, or other terms of employment) with the Company or Zhone unless (i) such transaction is not expressly prohibited by this Agreement, and (ii) the terms and conditions of such transaction, on an overall basis, are at least as favorable to the Company or Zhone, as applicable, as those that are generally available from unrelated Persons capable of similarly performing them and in similar transactions between similarly situated unrelated parties negotiated at arm's length.

Transactions Between the Company and the Manager. The Manager ------------------------------------------------ may not, and may not cause the Manager's Affiliates to, and shall cause such Affiliate to not engage in any transaction (including, without limitation, the purchase, sale, lease, or exchange of any property; the rendering of any service; the borrowing or lending of money; or the establishment of any salary, other compensation, or other terms of employment) with the Company or Zhone unless (i) such transaction is not expressly prohibited by this Agreement, and (ii) the terms and conditions of such transaction, on an overall basis, are at least as favorable to the Company or Zhone, as applicable, as those that are generally available from unrelated Persons capable of similarly performing them and in similar transactions between similarly situated unrelated parties negotiated at arm's length.