Presentation of Opportunities Sample Clauses

Presentation of Opportunities. (a) During the Initial Term, the Program shall identify, investigate and analyze opportunities for the Master Ventures or the Subsidiaries to acquire, own, finance, encumber, dispose of or and/or otherwise deal with proposed, targeted investments meeting the Investment Criteria (as reasonably determined by the Ashford Program Representative in good faith), including mezzanine debt that is secured by a mortgage or a pledge of the ownership interests in the borrowing property owner and other commercial loan investments (each, an “Acquisition Opportunity”). Each (i) Acquisition Opportunity that meets the Investment Criteria (as agreed by the PIM Program Representative in good faith) and (ii) other opportunity that fails to meet the Investment Criteria but for which the Investment Criteria shall have been waived by the PIM Program Representative, shall be considered a “Qualifying Investment.” Ashford shall be responsible, on behalf of the Program, for the identification, investigation and analysis of Acquisition Opportunities and shall present all Acquisition Opportunities to the Program Representatives in accordance with the terms of this Agreement. All Acquisition Opportunities and Qualifying Investments shall be for the benefit of, and shall constitute proprietary information of, the Program, so long as they are Active. Ashford shall comply in all material respects with all applicable laws in connection with the identification of Acquisition Opportunities and Qualifying Investments and/or the closing of Investments, including licensing laws.
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Presentation of Opportunities. Except as otherwise provided in the Certificate of Incorporation, the Bylaws, this Agreement, the Restrictive Covenants Side Letter or the Alliance Agreement to the maximum extent permitted by applicable law, no Investor Party shall be obligated to present any particular investment or business opportunity to the Company or any of its Subsidiaries even if such opportunity is of a character that, if presented to the Company or any of its Subsidiaries, could be pursued by the Company or any of its Subsidiaries, and any Investor Party and its officers, directors and Affiliates shall have the right to pursue for its own account (individually or as a partner or a fiduciary) or to recommend to any other Person any such investment opportunity.
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Presentation of Opportunities. As an Opportunity arises, the Party that discovered or developed the Opportunity shall present the Opportunity to the other Party and shall inform the other Party of (a) the nature of the Opportunity, (b) the Parties involved, (c) the benefits to each Party of the Opportunity and (d) the obligations of each Party with respect to the Opportunity.
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Presentation of Opportunities. The EOP Group and the Wilsxx Xxxup will offer to the Company all investment opportunities relating to Qualifying Projects (the "OPPORTUNITIES") including Opportunities EOP may have involving unrelated third parties in Northern California. For the purposes of this SECTION 3.1 (Company Right of First Offer for New Project Opportunities in Northern California), notwithstanding the ownership structure in which a mixed-use Opportunity is held, all portions of the mixed-use Opportunity will be treated as a unified project and will not be "divided" up so that the Company (or the retail or residential developer) participates only in the office (or retail or residential) portions. The Wilsxx Xxxncipals and their Affiliates may participate in mixed-use Opportunities through their investments in or through Wilsxx/Xxxnx, XXC, provided that if any mixed-use Opportunity involves joint ownership of the retail component by any member of the Wilsxx Xxxup and Wilsxx/Xxxnx, XXC (or another retail developer), Wilsxx xxxl disclose such fact (and the economic interest of any member of the Wilsxx Xxxup therein and all related information reasonably requested by EOP) to EOP at the time of the Opportunity is presented to the Board pursuant to SECTION 3.2 (Opportunity Approval Process). The EOP Group will not enter into another development joint venture a significant business activity of which is an ongoing development business for multiple projects in Northern California that solicits prospective Projects not already controlled by a third party developer who brings an investment opportunity to the EOP Group, nor will the EOP Group use the name of EOP, EOP OP or EOPT or any variation thereof containing the word "Equity" or "EOP" in the name of any development investment joint venture in Northern California while the Company remains in business and is not in the Winding Up Period; provided, however that EOP may identify any particular development property or properties as projects of "Equity Office."
Sample 1
Presentation of Opportunities. The BDC and each Third-Party Preferred Member may present investment opportunities to the Management Committee for consideration. For the avoidance of doubt, no Member shall be required to present any investment opportunities to the Management Committee or otherwise to the Company, and each Member shall remain free to pursue any investment opportunities (including those that may be suitable for the Company) on its own.
Sample 1

Related to Presentation of Opportunities

  • Training Opportunities The requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u ("Section 3"), requiring that to the greatest extent feasible opportunities for training and employment be given to lower income residents of the project area and agreements for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in, the areas of the project. Borrower agrees to include the following language in all subcontracts executed under this Agreement:

  • Freedom to Pursue Opportunities The Parties expressly acknowledge and agree that: (i) Sponsor and each Sponsor Director (and each Affiliate thereof) has the right to, and shall not have any duty (contractual or otherwise) to (and none of the following shall be deemed to be wrongful or improper), (x) directly or indirectly engage in the same or similar business activities or lines of business as the Parent Parties or any of their respective Subsidiaries, including those deemed to be competing with the Parent Parties or any of their respective Subsidiaries, or (y) directly or indirectly do business with any client or customer of the Parent Parties or any of their respective Subsidiaries; and (ii) in the event that Sponsor or a Sponsor Director (or any Affiliate thereof) acquires knowledge of a potential transaction or matter that may be an opportunity for the Parent Parties or any of their respective Subsidiaries and Sponsor or any other Person, Sponsor and such Sponsor Director (and any such Affiliate) shall not have any duty (contractual or otherwise) to communicate or present such opportunity to the Parent Parties or any of their respective Subsidiaries, as the case may be, and, notwithstanding any provision of this Agreement to the contrary, shall not be liable to the Parent Parties, their respective Subsidiaries or their respective Affiliates or equity holders for breach of any duty (contractual or otherwise) by reason of the fact that Sponsor or such Sponsor Director (or such Affiliate thereof), directly or indirectly, pursues or acquires such opportunity for itself, directs such opportunity to another Person, or does not present such opportunity to the Parent Parties or any of their respective Subsidiaries; provided, that any such business, activity or transaction described in this Section 4.14 is not the direct result of Sponsor, its Affiliates or a Sponsor Director using Confidential Information in violation of Section 3.3 hereof. Notwithstanding anything to the contrary contained in this Section 4.14, any Sponsor Director may be excluded, by the members of the Board who are not Sponsor Directors, from any discussion or vote on matters in accordance with a conflicts of interest policy of the Board that is adopted by the Board in good faith and is applicable to all of the members of the Board.

  • Promotional Opportunities Each university shall promote upward mobility of employees by announcing opportunities as they occur. In all cases, it is the employee’s responsibility to make proper application for such positions. If an employee meets the minimum and special qualifications for a position, he/she will be considered.

  • Opportunities for Additional Information Each Purchaser acknowledges that such Purchaser has had the opportunity to ask questions of and receive answers from, or obtain additional information from, the executive officers of the Company concerning the financial and other affairs of the Company, and to the extent deemed necessary in light of such Purchaser’s personal knowledge of the Company’s affairs, such Purchaser has asked such questions and received answers to the full satisfaction of such Purchaser, and such Purchaser desires to invest in the Company.

  • Business Opportunities Executive agrees, while he is employed by the Company, to offer or otherwise make known or available to it, as directed by the Board of Directors of the Company and without additional compensation or consideration, any business prospects, contracts or other business opportunities that Executive may discover, find, develop or otherwise have available to Executive in the Company’s general industry and further agrees that any such prospects, contacts or other business opportunities shall be the property of the Company.

  • Commercial Opportunities 1. The airlines of each Party shall have the right to establish offices in the territory of the other Party for the promotion and sale of air transportation.

  • Corporate Opportunities The Executive agrees that he will not take personal advantage of any business opportunities which arise during his employment with the Company Group and which may be of benefit to the Company Group. All material facts regarding such opportunities must be promptly reported by the Executive to the Board of Trustees for consideration by the Company Group.

  • Opportunities During his employment with the Company, and for one year thereafter, Executive shall not take any action which might divert from the Company any opportunity learned about by him during his employment with the Company (including without limitation during the Employment Term) which would be within the scope of any of the businesses then engaged in or planned to be engaged in by the Company.

  • Other Business Opportunities The Member and any person or entity affiliated with the Member may engage in or possess an interest in other business opportunities or ventures (unconnected with the Company) of every kind and description, independently or with others, including, without limitation, businesses that may compete with the Company. Neither the Member or any person or entity affiliated with the Member shall be required to present any such business opportunity or venture to the Company, even if the opportunity is of the character that, if presented to the Company, could be taken by it. Neither the Company nor any person or entity affiliated with the Company shall have any rights in or to such business opportunities or ventures or the income or profits derived therefrom by virtue of this Agreement, notwithstanding any duty otherwise existing at law or in equity. The provisions of this Section shall apply to the Member solely in its capacity as member of the Company and shall not be deemed to modify any contract or arrangement, including, without limitation, any noncompete provisions, otherwise agreed to by the Company and the Member.

  • CONCERNING BNY 1. BNY shall not be liable for any costs, expenses, damages, liabilities or claims, including attorneys' and accountants' fees, sustained or incurred by, or asserted against, the Fund except to the extent the same arises out of the failure of BNY to exercise the care, prudence and diligence required by Section 2 of Article II hereof. In no event shall BNY be liable to the Fund, the Board, or any third party for special, indirect or consequential damages, or for lost profits or loss of business, arising in connection with this Agreement.

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