Common use of Freedom to Pursue Opportunities Clause in Contracts

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

Freedom to Pursue Opportunities. In recognition that each Manager and its respective Indemnitees currently have, and will in the future have or will consider acquiring, investments in numerous companies with respect to which each Manager or its respective Indemnitees may serve as an advisor, a director or in some other capacity, and in recognition that each Manager and its respective Indemnitees have myriad duties to various investors and partners, and in anticipation that the West Companies, on the one hand and each of the Managers (or one or more affiliates, associated investment funds or portfolio companies), 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 West 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 West Companies as they may involve such Manager. Except as a Manager may otherwise agree in writing after the date hereof:

Freedom to Pursue Opportunities. In recognition that each Manager and its respective the Indemnitees currently may have, and will may in the future have or will may consider acquiring, investments in numerous companies entities with respect to which each Manager or its respective certain Indemnitees may serve as an a manager, partner, advisor, a director or in some other capacity, and in recognition that each Manager and its respective the Indemnitees have myriad duties to various investors and partnersdirect and indirect partners or members, and in anticipation that the CompaniesCompany Group, on the one hand hand, and the Managers (certain Indemnitees or one or more affiliatesof their respective Affiliates, associated investment funds or portfolio companies), 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 Companies Company Group hereunder and in recognition of the difficulties which that 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 6(b) are set forth to regulate, define and guide the conduct of certain affairs of the Companies Company Group as they may involve such Managerthe Indemnitees. Except as a Manager Siris (as to itself and the other Indemnitees) may otherwise agree in writing after the date hereofwriting:

Freedom to Pursue Opportunities. In recognition that each Manager and its respective Indemnitees affiliates currently have, and will in the future have or will consider acquiring, investments in numerous companies with respect to which each Manager or its respective Indemnitees affiliates may serve as an advisor, a director or in some other capacity, and in recognition that each Manager and its respective Indemnitees have affiliates has myriad duties to various investors and partners, and in anticipation that the CompaniesCompany, Holdings and Parent, on the one hand hand, and each of the Managers (or one or more affiliates, associated investment funds or portfolio companies), 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 Companies Company, Holdings and Parent 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 Companies Company, Holdings and Parent as they may involve such Manager. Except as a Manager each of the Managers may otherwise agree in writing after the date hereof:

Freedom to Pursue Opportunities. In recognition that each Manager and its respective Indemnitees currently have, and will in the future have or will consider acquiring, investments in numerous companies with respect to which each Manager or its respective Indemnitees may serve as an advisor, a director or in some other capacity, and in recognition that each Manager and its respective Indemnitees have myriad duties to various investors and partners, and in anticipation that the CompaniesUGS Corporations, on the one hand and each of the Managers (or one or more affiliates, associated investment funds or portfolio companies), 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 Companies UGS Corporations hereunder and in recognition of the difficulties which may confront any advisor who desires and endeavors fully to satisfy such advisor’s '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 Companies UGS Corporations as they may involve such Manager. Except as a Manager may otherwise agree in writing after the date hereof:

Freedom to Pursue Opportunities. In recognition that each the Manager and its respective Indemnitees currently have, and will in the future have or will consider acquiring, investments in numerous companies with respect to which each the Manager or its respective Indemnitees may serve as an advisor, a director or in some other capacity, and in recognition that each the Manager and its respective Indemnitees have myriad duties to various investors and partners, and in anticipation that the CompaniesLifeCare Corporations, on the one hand hand, and the Managers Manager (or one or more affiliates, associated investment funds or portfolio companies), 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 Companies LifeCare Corporations 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 Companies LifeCare Corporations as they may involve such Managerthe Manager and its Indemnitees. Except as a the Manager may otherwise agree in writing after the date hereof:

Freedom to Pursue Opportunities. In recognition that each the Manager and its respective Indemnitees currently have, and will in the future have or will consider acquiring, investments in numerous companies with respect to which each the Manager or its respective Indemnitees may serve as an advisor, a director or in some other capacity, and in recognition that each the Manager and its respective Indemnitees have myriad duties to various investors and partners, and in anticipation that the CompaniesCompany, on the one hand and the Managers Manager (or one or more affiliates, associated investment funds or portfolio companies, or clients of the Managers), 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 Companies Company 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 Companies Company as they may involve such the Manager. Except as a the Manager may otherwise agree in writing after the date hereof:

Freedom to Pursue Opportunities. In recognition that each Manager and its respective Indemnitees affiliates currently have, and will in the future have or will consider acquiring, investments in numerous companies with respect to which each Manager or its respective Indemnitees affiliates may serve as an advisor, a director or in some other capacity, and in recognition that each Manager and its respective Indemnitees have affiliates has myriad duties to various investors and partners, and in anticipation that the CompaniesCompany and Holdings, on the one hand hand, and each of the Managers (or one or more affiliates, associated investment funds or portfolio companies), 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 Companies Company and Holdings hereunder and in recognition of the difficulties which may confront any advisor who desires and endeavors fully to satisfy such advisor’s '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 Companies Company and Holdings as they may involve such Manager. Except as a Manager each of the Managers may otherwise agree in writing after the date hereof:

Freedom to Pursue Opportunities. In recognition that each the Manager and its respective Indemnitees currently have, and will in the future have or will consider acquiring, investments in numerous companies with respect to which each the Manager or its respective Indemnitees may serve as an advisor, a director or in some other capacity, and in recognition that each the Manager and its respective Indemnitees have myriad duties to various investors and partners, and in anticipation that the CompaniesCompany, on the one hand and the Managers Manager (or one or more affiliates, associated investment funds or portfolio companies, or clients of the Manager), 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 Companies Company 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 Companies Company as they may involve such the Manager. Except as a the Manager may otherwise agree in writing after the date hereof: