Conflicting Interest. The Declaration shall be deemed to be specifically described in this Guarantee Agreement for the purposes of clause (i) of the first proviso contained in Section 310(b) of the Trust Indenture Act.
Conflicting Interest. Any person appointed as an Expert shall before accepting such appointment fully disclose any interest or duty he/she has or may have which conflicts or may conflict with his/her function under such appointment. The Expert shall also fully disclose any such interest or duty incurred at any time before he/she gives his/her opinion under such appointment, provided always that no person shall be appointed as an Expert if this person, at the time of appointment, is an employee, agent or representative of either Party or of any Affiliated Company or of any company in which either Party has a direct significant financial interest.
Conflicting Interest. The Trust Agreement shall be deemed to be specifically described in this Guarantee Agreement for the purpose of clause (i) of the first proviso contained in Section 310(b) of the Trust Indenture Act.
Conflicting Interest. If the Trustee has acquired or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Indenture.
Conflicting Interest. The Trustee shall comply with the provisions of Section 310(b) of the TIA. The provisions of this Section shall survive the termination of TIA’s Indenture.
Conflicting Interest. Except as set forth in Section 4.1(u) of the CWI Disclosure Letter, no director or officer of CWI (i) has any pecuniary interest in any supplier or customer of CWI or in any other business with which CWI conducts business or with which CWI is in competition other than holdings of the publicly-traded securities of such entities; or (ii) is indebted to CWI for borrowed money.
Conflicting Interest. No director, officer or principal stockholder of Intellicell or any of its Subsidiaries (i) has any pecuniary interest in any supplier or customer of Intellicell or any of its Subsidiaries or in any other business with which Intellicell and its Subsidiaries conducts business or with which Intellicell and its Subsidiaries is in competition other than holdings of the publicly traded securities of such entities; or (ii) is indebted to Intellicell and its Subsidiaries for borrowed money.
Conflicting Interest. The Property Trustee shall be subject to the provisions of Section 310(b)
Conflicting Interest. Except as set forth on SCHEDULE A, no officer, director or stockholder of the Company has any interest in any corporation, partnership or other entity engaged in a business which is in competition with that of the Company or which is a supplier of products to the Company or has any contract with the Company.
Conflicting Interest. Employee represents and warrants that the execution of this Agreement and the performance of his duties and obligations hereunder will not breach or be in conflict with any other agreement to which he is a party or is bound and that he is not now subject to any covenants against competition or similar covenants which may affect the performance of his duties hereunder. Employee has provided Fiserv and Company with a copy of all agreements to which Employee is a party or is bound with all prior employer(s), and a list of all such agreements is set forth on Exhibit D hereto. Employee represents and warrants that he has not and will not exercise any stock options referenced in any agreement set forth on Exhibit D hereto. Except with regard to any suit, demand or claim by any third party against Fiserv, Company or their affiliates arising from a breach by Employee of any covenant against competition, non-solicitation or non-hire set forth in any of those agreements set forth on Exhibit D hereto, Employee agrees to indemnify and hold harmless the Company, Fiserv and their affiliates from and against any and all claims, demands, actions, causes of action, losses, and expense (including reasonable attorneys’ fees) resulting from any suit, demand, or claim by any third party, whether against the Company, Fiserv or Employee, arising out of or relating to any such covenants against competition, non-solicitation, non-hire or any other covenants which may affect the performance of Employee’s duties hereunder.
