Common use of Freedom to Pursue Opportunities, Etc Clause in Contracts

Freedom to Pursue Opportunities, Etc. In anticipation that the Company and Bain (or one or more affiliates, associated investment funds or portfolio companies, or clients of Bain) may engage in the same or similar activities or lines of business and have an interest in the same areas of corporate opportunities, and in recognition of the benefits to be derived by the Company from the services to be provided under this Agreement and in recognition of the difficulties which may confront any advisor who desires and endeavors fully to satisfy such advisor's duties in determining the full scope of such duties in any particular situation, the provisions of this clause (c) are set forth to regulate, define and guide the conduct of certain affairs of the Company as they may involve Bain. Except as Bain may otherwise agree in writing after the date hereof:

Appears in 3 contracts

Samples: Management Agreement (510152 N B LTD), Management Agreement (Icon Health & Fitness Inc), Management Agreement (Dominos Pizza Government Services Division Inc)

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Freedom to Pursue Opportunities, Etc. In anticipation that the Company and Bain one or more of the Service Providers (or one or more of their respective affiliates, associated investment funds or portfolio companies, or clients of Bainclients) may engage in the same or similar activities or lines of business and have an interest in the same areas of corporate opportunities, and in recognition of the benefits to be derived by the Company from the services to be provided under this Agreement and in recognition of the difficulties which may confront any advisor who desires and endeavors fully to satisfy such advisor's duties in determining the full scope of such duties in any particular situation, the provisions of this clause (ca) are set forth to regulate, define and guide the conduct of certain affairs of the Company as they may involve Bainany Service Provider. Except as Bain any Service Provider may otherwise agree in writing (solely as to itself), after the date hereof:

Appears in 1 contract

Samples: Management Agreement (SMTC Corp)

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Freedom to Pursue Opportunities, Etc. In anticipation that the Company and Bain (or one or more affiliates, associated investment funds or portfolio companies, or clients of Bain) may engage in the same or similar activities or lines of business and have an interest in the same areas of corporate opportunities, and in recognition of the benefits to be derived by the Company from the services to be provided under this Agreement and in recognition of the difficulties which may confront any advisor who desires and endeavors fully to satisfy such advisor's duties in determining the full scope of such duties in any particular situation, the provisions of this clause (c) are set forth to regulate, define and guide the conduct of certain affairs of the Company as they may involve Bain (or one or more affiliates, associated investment funds or portfolio companies, or clients of Bain). Except as Bain may otherwise agree in writing after the date hereof:

Appears in 1 contract

Samples: Management Agreement (Details Inc)

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