Listed Competitor definition

Listed Competitor any Person that appears on the list of competitors of Borrower as submitted in writing by Borrower to the Administrative Agent on or prior to the Closing Date as updated from time to time by written notice delivered by Borrower to the Administrative Agent and provided such updates are reasonably approved in writing in advance by the Administrative Agent; provided that, the designation of any Person as a Listed Competitor after the Closing Date shall not become effective until three Business Days after approval by the Administrative Agent. For the avoidance of doubt, with respect to any assignee or Participant that becomes a Listed Competitor after the applicable Trade Date, (a) such assignee or Participant shall not retroactively be disqualified from becoming a Lender or Participant and (b) such assignment or participation and, in the case of an assignment, the execution by Borrower of an Assignment and Assumption with respect to such assignee, will not by itself result in such assignee no longer being considered a Listed Competitor. The Administrative Agent (a) shall have the right (but not the obligation), and Borrower hereby expressly authorizes the Administrative Agent, to post the list of Listed Competitors and any updates thereto from time to time on the Platform, and (B) shall provide the list of Listed Competitors and any updates thereto to each Lender or Participant requesting the same. The Administrative Agent shall not be responsible or have any liability for, or have any duty to ascertain, inquire into, monitor or enforce, compliance with the provisions hereof relating to Listed Competitors. Without limiting the generality of the foregoing, the Administrative Agent shall not (x) be obligated to ascertain, monitor or ​ ​ ​ inquire as to whether any Lender or Participant or prospective Lender or Participant is a Listed Competitor or (y) have any liability with respect to or arising out of any assignment or participation of Loans or Commitments, or disclosure of confidential information, to, or restrictions on the exercise of rights or remedies of, any ‎Listed Competitors or otherwise have any responsibility or liability for enforcing Borrower’s or any Lender’s compliance with the terms of any of the provisions set forth herein with respect to Listed Competitors.
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Listed Competitor means any one of the 10 entities listed on Schedule A attached hereto.
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Listed Competitor is defined in Section 15(a).
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Examples of Listed Competitor in a sentence

  • One grower interviewed was on a Land Settlement Scheme (LSS) Block, one of only six LSS blocks in the Milne Bay area growing oil palm, which she had inherited from her father and was having difficulty in getting the Lands Department to transfer the title.

  • No such assignment shall be made to (A) the Borrower or any of its Affiliates or Subsidiaries, (B) to any Defaulting Lender or any of its Subsidiaries, or any Person who, upon becoming a Lender hereunder, would constitute any of the foregoing Persons described in this clause (B) or (C) so long as a Specified Event of Default has not occurred and is continuing, a Listed Competitor.

  • Executive may have or acquire an interest in any Listed Competitor or Other Competitor for investment purposes without constituting a Competitive Activity, provided, however, that such investment by Executive must not exceed 5% of the stock of such company and must be passive and without Executive’s active involvement.

  • If the Company receives an offer from a Listed Competitor for the purchase of all or substantially all of the Company’s assets and the Company desires to accept such offer, the Company shall give written notice to the Purchaser (“ROFR Notice”).

  • Maps depicting steelhead and bull trout distribution in the Klickitat River are presented in Appendix A.

  • No such assignment shall be made to (A) a Loan Party or any of a Loan Party's Affiliates or Subsidiaries, (B) to any Defaulting Lender or any of its Subsidiaries, or any Person who, upon becoming a Lender hereunder, would constitute any of the foregoing Persons described in this clause (B), or (C) unless an Event of Default under Section 8.1(a) or Section 8.1(f) shall have occurred and be continuing, any Listed Competitor.

  • Notwithstanding the foregoing, Mr. Xxxxxxxxx xxxll not be considered to have violated the restrictions of the previous sentence if he makes a New Product Sale (as defined in Section 4 below) to any Listed Competitor after satisfying his obligation to provide the Company with a Right of First Refusal (as defined in Section 4 below).

  • For purposes of this clause (2), Listed Competitor shall be limited to the companies known as the following: Satcon, SMA, MKS Instruments, Novellus, XXX Research, Comet, Solectria Renewable, PowerOne, Xxxxxxxxx/Xantrax, Huettinger, and Applied Materials, as well as their affiliates, successors, and assigns.

  • If the Purchaser fails to timely give an Acceptance Notice, the Purchaser shall be deemed to have consented to the proposed sale and the Company may sell the Subject Assets to the Listed Competitor, at a price and on terms no less favorable to the Company than those set forth in the ROFR Notice, at any time within nine (9) months after the expiration of the time period for the giving of the Acceptance Notice.


More Definitions of Listed Competitor

Listed Competitor any Person that appears on the list of competitors of Borrower as submitted in writing by Borrower to the Administrative Agent on or prior to the Closing Date as updated from time to time by written notice delivered by Borrower to the Administrative Agent and provided such updates are reasonably approved in writing in advance by the Administrative Agent.
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Listed Competitor means any of the companies listed on Exhibit A attached hereto.
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Related to Listed Competitor

  • listed company means a company which has any of its securities listed on any recognised stock exchange;

  • Direct Competitor means any individual, partnership, corporation, limited liability company, association, or other group, however organized, who competes with the Company in the full service restaurant business.

  • Company Competitor means any competitor of the Borrower and/or any of its subsidiaries.

  • Competitor means any individual, corporation, partnership or other entity that engages in (or that owns a significant interest in any corporation, partnership or other entity that engages in) any business conducted by the Company or any of its Affiliates.

  • Listed Entity means an entity whose shares, debt or other securities are quoted on, listed on or marketed through a recognized stock exchange or other equivalent body, whether within or outside of Canada, other than an entity that has, in respect of a particular fiscal year, market capitalization and total assets that are each less than $10,000,000. An entity that becomes a listed entity by virtue of the market capitalization or total assets becoming $10,000,000 or more in respect of a particular fiscal year shall be considered to be a listed entity thenceforward unless and until the entity ceases to have its shares or debt quoted, listed or marketed in connection with a recognized stock exchange or the entity has remained under the market capitalization or total assets threshold for a period of two years.

  • Competitive Business Activity means:

  • Competitive Activity means any business or activity of Executive or any third party that is the same as the Business or competitive with the Business.

  • Competitors means any Person who is not an Affiliate of a Loan Party and who engages (or whose Affiliate engages), as its primary business, in the same or similar business as a material business of the Loan Parties.

  • Competitive Business means any person or entity that engages in any business activity that competes with the Company’s business in any way, in any geographic area in which the Company engages in business, including, without limitation, any state in the United States in which the Company sells or offers to sell its products from time to time.

  • Affiliated Entity means any entity controlling, controlled by, or under common control with an Insured.

  • Competitive employment means work in the competitive labor market that is performed on a full-time or part-time basis in an integrated setting and for which the client is compensated at or above the minimum wage, but not less than the customary wage and level of benefits paid by the employer for the same or similar work performed by individuals who are not disabled.

  • Designated Entity shall have the same meaning provided in the Operating Agreement.

  • Competing Business means any business, individual, partnership, firm, corporation or other entity which wholly or in any significant part engages in any business competing with the Business in the Restricted Area. In no event will the Company or any of its affiliates be deemed a Competing Business.

  • Competing Service means implementation, consulting, support, maintenance, development and/or training services relating to or in connection with the use of any Company Products or Competing Products.

  • Associated Company means any legal entity of which a person or company has direct or indirect Control and only as long as a person or company maintains direct or indirect Control.

  • Competitive Activities means any business activities in which the Company or any other member of the Company Group engage (or have committed plans to engage) during the Term of Employment, or, following termination of Employee’s employment hereunder, was engaged in business (or had committed plans to engage) at the time of such termination of employment.

  • Competitive contracting means the method described in sections 45 through 49 of P.L.1999, c.440 (C.18A:18A-4.1 through C.18A:18A-4.5) of contracting for specialized goods and services in which formal proposals are solicited from vendors; formal proposals are evaluated by the purchasing agent or counsel or School Business Administrator; and the Board awards a contract to a vendor or vendors from among the formal proposals received.

  • Designated Computer means the computers and the upgraded computers thereof installed in the offices of the Licensee.

  • OFAC Listed Person is defined in Section 5.16(a).

  • Associated Entity means an entity that is not part of the law practice but which provides legal or administrative services to a law practice, including but not limited to:

  • Related Company means any entity that is directly or indirectly controlled by, in control of or under common control with the Company.

  • Associated Companies : means any agent with delegated authority under Section 20 of these Terms and Conditions.

  • Competitively Sensitive Information means non-public information and data specific to a utility customer which the utility acquired or developed in the course of its provision of utility services. This includes, without limitation, information about which customers have or have not chosen to opt out of community choice aggregation service. (See D.97-12-088, App. A, Part I.D.)

  • Designated Company means any Subsidiary or Affiliate that has been designated by the Administrator from time to time in its sole discretion as eligible to participate in the Plan. For purposes of the 423 Component, only the Company and its Subsidiaries may be Designated Companies, provided, however that at any given time, a Subsidiary that is a Designated Company under the 423 Component will not be a Designated Company under the Non-423 Component.

  • Affiliated employee means any individual employed by a recipient who receives compensation directly from government assistance or a contract with the District of Columbia government, including any employee of a contractor or subcontractor of a recipient who performs services pursuant to government assistance or a contract. The term “affiliated employee” does not include those individuals who perform only intermittent or incidental services with respect to the government assistance or contract, or who are otherwise employed by the contractor, recipient or subcontractor.

  • Competitive Entity means any person, entity or business that (i) competes with any of the Company’s or any of its affiliate’s programming or other existing businesses, nationally or regionally; or (ii) directly competes with any other business of the Company or one of its subsidiaries that produced greater than 10% of the Company’s revenues in the calendar year immediately preceding the year in which the determination is made. Ownership of not more than 1% of the outstanding stock of any publicly traded company shall not, by itself, be a violation of this paragraph. This agreement not to compete will expire on the first anniversary of the date on which your employment with the Company has terminated if such termination occurs prior to the Expiration Date.