Conflicting Position definition
Conflicting Position means a position as a director, officer, partner, member or employee of any Person that is reasonably deemed by the Nominating Committee of the Board of Directors to be a competitor of Instinet, it being understood that the Nominating Committee may consider a Person to be a "competitor" for this purpose if such Person designs, uses or provides technology or intellectual property that serves similar purposes as or could be used in place of any technology or intellectual property used in and significant to the business of the Instinet Entities and the Nominating Committee reasonably concludes that a nominee's ability to perform his or her duties as a director, and otherwise act in the best interests of Instinet, could be compromised by reason of his or her position as a director, officer, partner, member or employee of such Person.