Common use of Waiver of Corporate Opportunities Clause in Contracts

Waiver of Corporate Opportunities. In recognition that the Purchaser and Investor Designee currently have and will in the future have, or will consider, investments in numerous companies with respect to which Purchaser, Investor Designee or another Purchaser Party may serve as an advisor, a director or in some other capacity, and in recognition that Purchaser, Investor Designee and other Purchaser Parties have myriad duties to various investors and partners, and in anticipation that the Company and its Subsidiaries, on the one hand, and the Purchaser, Investor Designee and any other Purchaser Party, on the other hand, may engage in the same or similar activities or lines of business and have an interest in the same areas of corporate opportunities, and in recognition of the benefits to be derived by the Company hereunder and in recognition of the difficulties which may confront any advisor who desires and endeavors fully to satisfy such advisor’s duties in determining the full scope of such duties in any particular situation, the provisions of this Section 4.6 are set forth to regulate, define and guide the conduct of certain affairs of the Company as they may involve the Purchaser, Investor Designee or Purchaser Party, and, except as the Purchaser and Investor Designee may otherwise agree in writing after the date hereof:

Waiver of Corporate Opportunities. In recognition that the Purchasers and Purchaser and Investor Designee currently have and will in the future have, or will consider, investments in numerous companies with respect to which PurchaserPurchasers, Investor Purchaser Designee or another Purchaser Party may serve as an advisor, a director or in some other capacity, and in recognition that PurchaserPurchasers, Investor Purchaser Designee and other Purchaser Parties have myriad duties to various investors and partners, and in anticipation that the Company and its Subsidiaries, on the one hand, and the Purchaser, Investor Purchaser Designee and any other Purchaser Party, on the other hand, may engage in the same or similar activities or lines of business and have an interest in the same areas of corporate opportunities, and in recognition of the benefits to be derived by the Company hereunder and in recognition of the difficulties which may confront any advisor who desires and endeavors fully to satisfy such advisor’s duties in determining the full scope of such duties in any particular situation, the provisions of this Section 4.6 4.9(f) are set forth to regulate, define and guide the conduct of certain affairs of the Company as they may involve the PurchaserPurchasers, Investor Purchaser Designee or Purchaser Party, and, except as the Purchasers and Purchaser and Investor Designee may otherwise agree in writing after the date hereof: