Competitors. The Owner shall possess, in accordance with the terms of this Agreement, the following restrictions: (check one) ☐ - No Restrictions on Competitors.
Competitors. (i) No assignment or participation shall be made to any Person that was a Competitor as of the date (the “Trade Date”) on which the assigning Lender entered into a binding agreement to sell and assign or grant a participation in all or a portion of its rights and obligations under this Agreement to such Person (unless the Borrower has consented to such assignment or participation in writing in its sole and absolute discretion, in which case such Person will not be considered a Competitor for the purpose of such assignment or participation). For the avoidance of doubt, with respect to any assignee or Participant that becomes a Competitor after the applicable Trade Date (including as a result of the delivery of a notice pursuant to, and/or the expiration of the notice period referred to in, the definition of “Competitor”), (x) such assignee or Participant shall not retroactively be disqualified from becoming a Lender or Participant and (y) the execution by the Borrower of an Assignment and Assumption with respect to such assignee will not by itself result in such assignee no longer being considered a Competitor. Any assignment or participation in violation of this clause (e)(i) shall not be void, but the other provisions of this clause (e) shall apply.
Competitors. The Recipient shall not be allowed to associate themselves with the Owner’s: (check one) ☐ - All Competitors. Regardless of whether a competitor is offering the same or similar Protected Practices, the Recipient, the Recipient shall be prohibited from being associated with any third party deemed a competitor of the Owner.
Competitors. Except as disclosed in Schedule 2.26, none of Shareholders has any interest, direct or indirect, as an owner, partner, agent, shareholder, officer, director, employee, consultant or otherwise, in any firm, partnership, corporation or other entity that is engaged in the insurance agency business, or any aspect thereof, other than Merging Entity or a corporation listed on a national securities exchange or a corporation whose securities are traded in the over-the- counter market.
Competitors. Following the Second Trigger Date, Emerson Parent shall not, and shall cause the other members of the Emerson Group not to, Transfer, in a single transaction or in a series of transactions, more than ten percent (10%) of the then-outstanding Company Common Stock to any Person who is engaged in any business that engages in the Company Business (other than a member of the Company Group or a member of the Emerson Group), unless approved by an RPT Committee.
Competitors. Except as expressly permitted by Tryon, Customer may not permit access to IP by a Competitor of Tryon. Notwithstanding anything to the contrary in this EULA, Tryon acknowledges and agrees that Customer may provide Competitor with access to IP to the extent such access is required to enable Customer to (a) access tables and/or data managed by the Software or Add-on, and/or (b) integrate or interface the Software or Add-on with another software or hardware system, provided that such Competitor execute a non-disclosure agreement mutually agreeable by Tryon and Competitor prior to any access to the IP.
Competitors. Any Competitor of the Company shall not be eligible to own Class A Units of the Company.
Competitors. In no event may any interest in DEALER be ----------- transferred to an entity which is directly or indirectly engaged in the business of manufacturing and/or distributing automobiles, or an affiliate thereof, and no such entity may acquire an ownership interest in FAA as described in Section 1 of the Agreement.
Competitors. (i) If any assignment or participation is made to any Competitor without the Company’s prior written consent in violation of this Section 10.04, the Company may, at its sole expense and effort, upon notice to such Competitor and the Administrative Agent, require such Competitor to assign to one or more assignees, without recourse, all of its interest, rights and obligations under this Agreement in accordance with and subject to the restrictions contained in this Section 10.04; provided, that if within ten (10) Business Days following a request by the Company for such Competitor to execute and deliver an Assignment and Assumption (or such equivalent documentation in the case of a participation), such Competitor does not respond to such request or refuses to execute and deliver such documentation, the validity of the removal of such Competitor and the assignment to the assignee shall nevertheless be effective so long as such assignment otherwise satisfies the requirements set forth in this Section 10.04. Notwithstanding anything to the contrary set forth herein, the Administrative Agent shall not be liable for any loss, cost or expense resulting from any assignment or participation made to or held by a Competitor, except to the extent any such loss, cost or expense is determined by a court of competent jurisdiction by final and nonappealable judgment to have resulted from the gross negligence, bad faith or willful misconduct of the Administrative Agent.
Competitors. Notwithstanding anything contained in this Agreement or any other Loan Document to the contrary, Agent and the Lenders 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 Competitors; provided, that each of Agent and each Lender shall be responsible for, and shall not be excused from any liability for, any assignment by Agent or such Lender of any of its rights or obligations hereunder to any Person which such assigning party has actual knowledge is either GameStop Corp. or Trans World Entertainment Corp. Without limiting the generality of the foregoing, neither the Agent nor any Lender shall (x) be obligated to ascertain, monitor or inquire as to whether any other Lender or Participant or prospective Lender or Participant is a Competitor or (y) have any liability with respect to or arising out of any assignment or participation of the Term Loan, or disclosure of confidential information, by any other Person to any Competitor.