Common use of Freedom to Pursue Opportunities Clause in Contracts

Freedom to Pursue Opportunities. In recognition that the Consultant Related Parties currently have, and will in the future have or will consider acquiring, investments in numerous companies with respect to which one or more Consultant Related Parties may serve as an advisor, a director or in some other capacity, and in recognition that the Consultant Related Parties have myriad duties to various investors and partners, and in anticipation that the Company and its subsidiaries, on the one hand, and the Consultant Related Parties, on the 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 Company and its subsidiaries hereunder 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 Section 6(b) are set forth to regulate, define and guide the conduct of certain affairs of the Company and its subsidiaries as they may involve the Consultant Related Parties. Except as Consultant or any Consultant Designee may otherwise agree in writing after the date hereof:

Freedom to Pursue Opportunities. In recognition that the Consultant Related Parties currently have, and will in the future have or will consider acquiring, investments in numerous companies with respect to which one or more Consultant Related Parties may serve as an advisoradvisor or director, a director or in some other capacity, and in recognition that the Consultant Related Parties have myriad duties to various investors and partners, and in anticipation that the Company and its subsidiaries, on the one hand, and the Consultant Related Parties, on the 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 Company and its subsidiaries hereunder 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 Section 6(b) 18 are set forth to regulate, define and guide the conduct of certain affairs of the Company and its subsidiaries as they may involve the Consultant Related Parties. Except as the Consultant or any Consultant Designee Related Party may otherwise expressly agree in writing after the date hereof:

Freedom to Pursue Opportunities. In recognition that the Consultant Related Parties currently have, and will in the future have or will consider acquiring, investments in numerous companies with respect to which one or more Consultant Related Parties may serve as an advisoradvisor or director, a director or in some other capacity, and in recognition that the Consultant Related Parties have myriad duties to various investors and partners, and in anticipation that the Company and its subsidiaries, on the one hand, and the Consultant Related Parties, on the 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 Company and its subsidiaries hereunder 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 Section 6(b) are set forth to regulate, define and guide the conduct of certain affairs of the Company and its subsidiaries as they may involve the Consultant Related Parties. Except as Consultant or any Consultant Designee may otherwise agree in writing after the date hereof:

Freedom to Pursue Opportunities. In recognition that the Consultant Related Parties Bain and its affiliates currently have, and will in the future have or will consider acquiring, investments in numerous companies with respect to which one Bain or more Consultant Related Parties its affiliates may serve as an advisor, a director or in some other capacity, and in recognition that the Consultant Related Parties Bain and its affiliates have myriad duties to various investors and partners, and in anticipation that the Company Companies and its subsidiariesBain (or one or more affiliates, on the one handassociated investment funds or portfolio companies, and the Consultant Related Parties, on the other hand, 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 and its subsidiaries Companies hereunder 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 Section 6(b5(b) are set forth to regulate, define and guide the conduct of certain affairs of the Company and its subsidiaries Companies as they may involve the Consultant Related PartiesBain. Except as Consultant or any Consultant Designee Bain may otherwise agree in writing after the date hereof:

Freedom to Pursue Opportunities. In recognition that the Consultant Related Parties currently have, and will in the future have or will consider acquiring, investments in numerous companies with respect to which one or more Consultant Related Parties may serve as an advisor, a advisor or director or in some other capacity, and in recognition that the Consultant Related Parties have myriad duties to various investors and partners, and in anticipation that a member of the Company and its subsidiariesAtotech Group, on the one hand, and the Consultant Related Parties, on the 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 a member of the Company and its subsidiaries Atotech Group hereunder 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 Section 6(b) are set forth to regulate, define and guide the conduct of certain affairs of the Company and its subsidiaries Atotech Group as they may involve the Consultant Related Parties. Except as the Consultant or any Consultant Designee may otherwise agree in writing after the date hereof:

Freedom to Pursue Opportunities. In recognition that the Consultant Related Parties Bain and its affiliates currently have, and will in the future have or will consider acquiring, investments in numerous companies with respect to which one Bain or more Consultant Related Parties its affiliates may serve as an advisor, a director or in some other capacity, and in recognition that the Consultant Related Parties Bain and its affiliates have myriad duties to various investors and partners, and in anticipation that the Company CRC Companies and its subsidiariesBain (or one or more affiliates, on the one handassociated investment funds or portfolio companies, and the Consultant Related Parties, on the other hand, 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 and its subsidiaries CRC Companies hereunder and in recognition of the difficulties which 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 6(b5(b) are set forth to regulate, define and guide the conduct of certain affairs of the Company and its subsidiaries CRC Companies as they may involve the Consultant Related PartiesBain. Except as Consultant or any Consultant Designee Bain may otherwise agree in writing after the date hereof:

Freedom to Pursue Opportunities. In recognition that the Consultant Advisor Related Parties currently have, and will in the future have or will consider acquiring, investments in numerous companies with respect to which one or more Consultant Advisor Related Parties may serve as an advisor, a director or in some other capacity, and in recognition that the Consultant Advisor Related Parties have myriad duties to various investors and partners, and in anticipation that the Company and its subsidiariesAffiliates, on the one hand, and the Consultant Advisor Related Parties, on the 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 Company and its subsidiaries Affiliates hereunder 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 Section 6(b) are set forth to regulate, define and guide the conduct of certain affairs of the Company and its subsidiaries as they may involve the Consultant Advisor Related Parties. Except as Consultant or any Consultant Designee Advisor may otherwise agree in writing after the date hereof: