Designated Competitor definition

Designated Competitor also means Flemings, ▇▇▇▇’▇ ▇▇▇▇▇, ▇▇▇▇▇ & Wolinsky, Morton’s, Del Frisco’s, The Palm, ▇▇▇▇▇▇▇▇’▇, Stonewood and Fogo ▇▇ ▇▇▇▇, all of which the Company deems to be similar to and current competitors of The Capital Grille. Nothing in this Section 4 shall prohibit Executive from acquiring or holding, for investment purposes only, less than 2% of the outstanding publicly traded securities of any corporation that may compete directly or indirectly with the Company. The provisions of this Section 4 shall terminate and be of no further force and effect from and after the date on which the Company fails to make any payment owed to Executive under this Agreement following the Employment Term, which payment remains unpaid ten (10) business days following the receipt of written notice from Executive that such payment has not been made (provided that such cure period shall not apply with respect to the Company’s third or subsequent failure to make any payment due Executive hereunder in any twelve (12) month period); provided, however, that in the event that there is any reasonable and good faith dispute between the Company and Executive as to any amount payable to Executive, for purposes of this Section 4 the disputed amount shall not be considered due and payable until such dispute shall have been finally resolved in an appropriate legal proceeding and any time for appeal of such resolution shall have run without an appropriate appeal having been taken.

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Designated Competitor means Outback Steakhouse, Texas Roadhouse, Texas Steakhouse, Lone Star Steakhouse, ▇▇▇▇▇’▇ Roadhouse, Roadhouse Grill, Ted’s Montana Grill, Steak & Ale, Traildust Steakhouse, Tumbleweed, Ryan’s Steakhouse, Sizzler, Sagebrush, Golden Corral, Chop House, Smokey Bones and Saltgrass Steakhouse, all of which the Company deems to be similar to and current competitors of LongHorn Steakhouse and Bugaboo Creek Steak House. “Designated Competitor” also means Flemings, ▇▇▇▇’▇ ▇▇▇▇▇, ▇▇▇▇▇ & Wolinsky, Morton’s, Del Frisco’s, The Palm, ▇▇▇▇▇▇▇▇’▇, Stonewood and Fogo ▇▇ ▇▇▇▇, all of which the Company deems to be similar to and current competitors of The Capital Grille. Nothing in this Section 4 shall prohibit Executive from acquiring or holding, for investment purposes only, less than 2% of the outstanding publicly traded securities of any corporation that may compete directly or indirectly with the Company. The provisions of this Section 4 shall terminate and be of no further force and effect from and after the date on which the Company fails to make any payment owed to Executive under this Agreement following the Employment Term, which payment remains unpaid ten (10) business days following the receipt of written notice from Executive that such payment has not been made (provided that such cure period shall not apply with respect to the Company’s third or subsequent failure to make any payment due Executive hereunder in any twelve (12) month period); provided, however, that in the event that there is any reasonable and good faith dispute between the Company and Executive as to any amount payable to Executive, for purposes of this Section 4 the disputed amount shall not be considered due and payable until such dispute shall have been finally resolved in an appropriate legal proceeding and any time for appeal of such resolution shall have run without an appropriate appeal having been taken.

Designated Competitor means those entities listed on Exhibit 6 hereto.

Examples of Designated Competitor in a sentence

Notwithstanding the foregoing, no Information shall be provided to Designated Competitor Affiliates other than Information provided by or on behalf of the Lead Borrower for distribution to Public Lenders.
Notwithstanding the forgoing, no Confidential Information shall be provided to Designated Competitor Affiliates other than Confidential Information provided by or on behalf of the Borrower for distribution to Public Lenders.
Except as set forth in Section 2.08(e)(ii)(A)(ii) or Section 2.08(e)(ii)(A)(iii) below, the GBT Designated Competitor List may be updated each calendar quarter by GBT Holdco at the applicable meeting of the Executive Partnership Forum GBT may add to the GBT Designated Competitor List any Designated Company (x) with which Amex Group has no commercial relationship for lead sharing related to Designated Services and (y) that develops or acquires any proprietary [***] platform, product, service or solution.
So long as the Tenant is leasing and occupying all of the Premises, if Landlord adds additional rentable square footage to the Project, Landlord agrees that it will not lease space in the Project to a Designated Competitor (defined below).
In addition, Newco shall permit the Panini Entities to assign the Panini Sticker Agreement to any other entity in connection with any subsequent sale of Panini except to a Designated Competitor.
The Lender may assign its rights and interests under this Agreement and the other Loan Documents, in whole or in part, provided, that, (i) unless an Event of Default under Section 9.1, 9.2, 9.3(a) or 9.7 then exists, the Lender may not assign any such rights or interests to a Designated Competitor, and (ii) so long as no Event of Default then exists, the Lender will provide written notice of any such assignment to the Borrower.
Neither this Warrant nor the Warrant Stock may be knowingly sold or otherwise disposed of by any Registered Holder, directly or indirectly, to any Person whom the Company has designated in writing to the Registered Holder to be a competitor of the Company (a "Designated Competitor"), which designation may be made by the Company's Board of Directors in its reasonable discretion; provided the Company shall include in such writing the reasons evidencing the basis for such designation.
If GBT seeks to update the GBT Designated Competitor List at any such meeting, GBT shall deliver to Amex written notice of such proposed update at least thirty (30) business days in advance of such meeting, confirming the requirements of clauses (x) and (y).
In addition, Newco shall permit the Panini Entities to assign the Panini Comic Distribution Agreement, as modified, to any other entity in connection with a sale of the Panini Entities except to a Designated Competitor.

More Definitions of Designated Competitor

Designated Competitor means any Person identified in writing by Borrower to the Lender and acknowledged in writing by the Lender.

Designated Competitor means (a) any Person listed on Exhibit 3 hereto, (b) any Control Affiliate of any such Person, (c) any successor to the business of any such Person or Control Affiliate and (d) any corporation, partnership, limited liability company, firm, association or other entity in which any such Person, Control Affiliate or successor owns ten percent (10%) or more of the equity interests or ten percent (10%) or more of any class of voting securities outstanding; provided, that the Board may amend Exhibit 3 from time to time, without requiring the consent of any Member, to add additional Persons that the Board determines in good faith to be competitors of the Company and its Subsidiaries;provided further, that the Company shall give each Member prompt written notice of any such amendment to Exhibit 3.

Designated Competitor means any Persons in the business of selling hydrogen fuel systems as reasonably determined by Lender (including, without limitation and for avoidance of doubt, all Persons identified in writing as competitors to Lender by Lead Borrower prior to the date hereof).

Designated Competitor means those entities listed on Exhibit __ hereto.

Designated Competitor means each Person listed on Exhibit II so long as --------------------- such Person or any of its Affiliates is engaged in the legal publishing business.

Designated Competitor has the meaning specified in Section 10.06(a).