Common use of Freedom to Pursue Opportunities Clause in Contracts

Freedom to Pursue Opportunities. In recognition that the Manager and its affiliates currently have, and will in the future have or will consider acquiring, investments in numerous companies with respect to which the Manager, or its affiliates or Consultants, may serve as an advisor, a director or in some other capacity, and in recognition that the Manager and its affiliates and the Consultants have myriad duties to various investors and partners, and in anticipation that the Companies and the Manager (or one or more affiliates, associated investment funds or portfolio companies, or clients of the Manager) 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 Companies hereunder and in recognition of the difficulties that 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 Section 5(b) are set forth to regulate, define and guide the conduct of certain affairs of the Companies as they may involve the Manager. Except as the Manager may otherwise agree in writing after the date hereof:

Freedom to Pursue Opportunities. In recognition that the Manager Service Provider, and its affiliates currently have, and will in the future have or will consider acquiring, investments in numerous companies with respect to which the Manager, Service Provider or its affiliates or Consultants, may serve as an advisor, a director or in some other capacity, and in recognition that the Manager Service Provider and its affiliates and the Consultants have myriad duties to various investors and partners, and in anticipation that the Companies and the Manager Service Provider (or one or more affiliates, associated investment funds or portfolio companies, or clients of the ManagerService Provider) 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 Companies Company hereunder and in recognition of the difficulties that 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 Section 5(b) are set forth to regulate, define and guide the conduct of certain affairs of the Companies Company as they may involve the ManagerService Provider. Except as the Manager Service Provider may otherwise agree in writing after the date hereof:

Freedom to Pursue Opportunities. In recognition that the Manager and its affiliates Indemnitees currently have, and will in the future have or will consider acquiring, investments in numerous companies with respect to which the Manager, Manager or its affiliates or Consultants, Indemnitees may serve as an advisor, a director or in some other capacity, and in recognition that the Manager and its affiliates and the Consultants Indemnitees have myriad duties to various investors and partners, and in anticipation that the Companies Company, on the one hand and the Manager (or one or more affiliates, associated investment funds or portfolio companies), or clients of on the Manager) other hand, 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 Companies Company hereunder and in recognition of the difficulties that 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 Section 5(b) are set forth to regulate, define and guide the conduct of certain affairs of the Companies Company as they may involve the ManagerManager or its Indemnitees. Except as the Manager may otherwise agree in writing after the date hereof:

Freedom to Pursue Opportunities. In recognition that the Manager and its affiliates currently Indemnitees may have, and will may in the future have or will may consider acquiring, investments in numerous companies entities with respect to which the Manager, or its affiliates or Consultants, certain Indemnitees may serve as an advisor, a director or in some other capacity, and in recognition that the Manager and its affiliates and the Consultants Indemnitees have myriad duties to various investors and partnersdirect and indirect members, and in anticipation that the Companies Company, on the one hand, and the Manager (certain Indemnities, or one or more affiliatesof their respective Affiliates, associated investment funds or portfolio companies), or clients of on the Manager) other hand, 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 Companies Company hereunder and in recognition of the difficulties that which may confront any advisor who that 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 Section 5(b) are set forth to regulate, define and guide the conduct of certain affairs of the Companies Company as they may involve the ManagerIndemnitees. Except as SAC Private Management (as to itself and the Manager other Indemnitees) may otherwise agree in writing after the date hereof:

Freedom to Pursue Opportunities. In recognition that the each Manager and its respective affiliates currently have, and will in the future have or will consider acquiring, investments in numerous companies with respect to which the Manager, each Manager or its respective affiliates or Consultants, may serve as an advisor, a director or in some other capacity, and in recognition that the each Manager and its respective affiliates and the Consultants have has myriad duties to various investors and partners, and in anticipation that the Companies Company and Parent, on the Manager one hand and each of the Managers (or one or more affiliates, associated investment funds or portfolio companies), or clients of on the Manager) other hand, 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 Companies Company and Parent hereunder and in recognition of the difficulties that 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 Section 5(b) are set forth to regulate, define and guide the conduct of certain affairs of the Companies Company and Parent as they may involve the such Manager. Except as each of the Manager Managers may otherwise agree in writing after the date hereof:

Freedom to Pursue Opportunities. In recognition that the Manager Managers and its their respective affiliates currently have, and will in the future have or will consider acquiring, investments in numerous companies with respect to which the Manager, they or its their respective affiliates or Consultants, may serve as an advisor, a director or in some other capacity, and in recognition that the Manager Managers and its their respective affiliates and the Consultants have myriad duties to various investors and partners, and in anticipation that the Companies Company and Holdings, on the one hand and any Manager (or one or more affiliates, associated investment funds or portfolio companies), or clients of on the Manager) other hand, 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 Companies Company and Holdings hereunder and in recognition of the difficulties that 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 Section 5(b) are set forth to regulate, define and guide the conduct of certain affairs of the Companies Company and Holdings as they may involve the such Manager. Except as the each Manager may otherwise agree in writing after the date hereof:

Freedom to Pursue Opportunities. In recognition that the Manager and its affiliates Indemnitees currently have, and will in the future have or will consider acquiring, investments in numerous companies with respect to which the Manager, Manager or its affiliates or Consultants, Indemnitees may serve as an advisoradviser, a director or in some other capacity, and in recognition that the Manager and its affiliates and the Consultants Indemnitees have myriad duties to various investors and partners, and in anticipation that the Companies Company, on the one hand, and the Manager (or one or more affiliatesAffiliates, associated investment funds or portfolio companies), or clients of on the Manager) other hand, 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 Companies Company hereunder and in recognition of the difficulties that 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 Section 5(b) are set forth to regulate, define and guide the conduct of certain affairs of the Companies Company as they may involve the ManagerManager or its Indemnitees. Except as the Manager may otherwise agree in writing after the date hereof: