Similar arrangement Clause Samples

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Similar arrangement. (i) In general. A right or restriction is treated as comparable to similar arrangements entered into by persons in an arm’s length transaction if the right or re- striction is one that could have been obtained in a fair bargain among unre- lated parties in the same business deal- ing with each other at arm’s length. A right or restriction is considered a fair bargain among unrelated parties in the same business if it conforms with the general practice of unrelated parties under negotiated agreements in the same business. This determination gen- erally will entail consideration of such factors as the expected term of the agreement, the current fair market value of the property, anticipated changes in value during the term of the arrangement, and the adequacy of any consideration given in exchange for the rights granted.
Similar arrangement. Not enter into any option or similar arrangement under which a person has a present, future, actual or contingent right to require the Company to acquire any asset which, if exercised by the Company, would breach the terms of any of the Transaction Documents.