Buyer Competitor definition

Buyer Competitor means a Person that is, or is an affiliate or alliance partner of any person that is, a commercial air carrier and FAA licensed air operator that regularly provides scheduled air services in the U.S. without any affiliation, codeshare arrangements or other similar type of collaboration with Buyer.

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Buyer Competitor means, at any given time, any Person, who (i) directly or indirectly, markets, sells or otherwise distributes Retail Products in the Retail Market, or (ii) if, directly or indirectly, it/he were to acquire Retail Products, a reasonable Person would determine at the time knowing all relevant facts, would reasonably be likely to market, sell or otherwise distribute Retail Products in the Retail Market.

Buyer Competitor means any Person whose principal business, or any business unit, division or subsidiary of a Person whose principal business, is the providing of global engineering and/or information technology services using an off-shore model where at least a majority of the company’s (or in the case of a business unit, division or subsidiary, majority of its employees, as the case may be) employees are located in non-U.S. locations (i.e., India, Sri Lanka, China etc.) to the extent that Seller Member was employed in such business unit, division or subsidiary of such Buyer Competitor and “Company Competitor” shall mean any business that provides IT consulting, implementation, or business consulting services or products, including without limitation, services related to SAP products and services in the banking, financial service and insurance industries. Each of the Company and Seller Member agrees that this covenant is reasonable with respect to its duration, geographical area and scope.

Examples of Buyer Competitor in a sentence

• Notwithstanding Section 11.1, Seller may assign any of its rights to receive payments hereunder without the prior consent of ▇▇▇▇▇ provided that such assignee is not a Prohibited Person or Buyer Competitor.

• Until the earlier of (i) the two year anniversary of the Closing Date and (ii) the date that a Buyer no longer holds Series D Preferred or at least 25% of the Common Stock received by such Buyer upon conversion of the Series D Preferred, the Company shall not market or sell any equity or debt of the Company to a Buyer Competitor, without the prior consent of such Buyer.

• The Company has not breached any contract between the Company, on the one hand, and any Buyer Competitor Party, on the other hand.

• Seller may assign this Supply Agreement, subject to Buyer’s express prior written consent (not to be unreasonably withheld), to (x) one or more of its Affiliates or (y) any entity that acquires all or substantially all of the assets (whether such sale is structured as a sale of stock, a sale of assets, a merger or otherwise) of Seller unless the assignee is a direct or indirect Buyer Competitor, in which case such consent shall be subject to Buyer’s sole discretion.

• No competitor of the Buyers, as reasonably determined by each of the Buyers in its sole discretion (a “Buyer Competitor”), shall be permitted to purchase Units in the Series D Financing without the prior written consent of each Buyer; provided, however, that none of UBS, Bonds MX, ▇▇▇▇▇▇ ▇▇▇▇▇, GFI Group Inc., Jefferies, Oak or Deutsche Bank shall be deemed to be a Buyer Competitor.

More Definitions of Buyer Competitor

Buyer Competitor means any Person whose principal business, or any business unit, division or subsidiary of a Person whose principal business, is the providing of global engineering and information technology services using an off-shore model where at least a majority of the company’s (or in the case of a business unit, division or subsidiary, majority of its employees, as the case may be) employees are located in non-U.S. locations (i.e., India, Sri Lanka, China etc.) and “Company Competitor” shall mean any business that provides services related to or involving ERP application or services, including without limitation, implementation, configuration, or consulting services related to or involving SAP applications, modules or services.

Buyer Competitor has the meaning set forth in Section 3.29.

Buyer Competitor means any Person whose principal business, or any business unit, division or subsidiary of a Person whose principal business, is the provision of global engineering and/or information technology services using an off-shore model where at least a majority of the company’s (or in the case of a business unit, division or subsidiary, majority of its employees, as the case may be) employees are located in non-U.S. locations (i.e., India, Sri Lanka, China etc.) and “Company Competitor” shall mean any business that provides products or services the same as or substantially similar to or competitive with the Business within the Territory. Each of the Company and Seller Stockholder agrees that this covenant is reasonable with respect to its duration, geographical area and scope.