Certain Conflicts. The Adviser will not receive any compensation from any investment manager that manages an investment vehicle that the Adviser recommends to the Fund as a result of or in connection with such recommendation without first notifying the Fund of such compensation arrangement. The Fund understands that the investments made by the Fund may not achieve positive or acceptable results and that the Fund may not achieve its investment objectives and that it is possible that losses may be incurred with respect to such investments, which individually or collectively may be significant or complete.
Certain Conflicts. The parties hereto acknowledge and agree that Executive has entered into that certain letter agreement pertaining to the Executive's employment with the Company dated January 2, 1998 (the "Letter Agreement"). Where a conflict may arise between the provisions of this Agreement and the Letter Agreement, the provisions of the Letter Agreement shall apply.
Certain Conflicts. If any Member or any Affiliate of a Member has a conflict of interest with respect to any matter on which the Company is to vote its Shares, the Shares held by the Company shall be voted as follows: the Pro Rata Shares of any Member who has such conflict, or of any Member which is an Affiliate of such conflicted Person, shall be voted "abstain," and the remainder of the Shares held by the Company shall be voted as designated by the Managing Directors nominated by the Member that is not subject to such conflict. In addition, the Company shall vote all its Shares in favor of candidates for director of Telewest (or the removal of such director) which any Shareholder Group is entitled to nominate (or remove) in accordance with Telewest's Articles of Association or the Relationship Agreement.
Certain Conflicts. This Agreement and the Gathering Agreements shall be read together to avoid inconsistent interpretations, but in the event of a conflict between this Agreement and either of the Gathering Agreements, this Agreement shall control.
Certain Conflicts. The Sub-adviser will not receive any compensation from any investment manager that manages an investment vehicle that the Sub-adviser recommends to the Fund as a result of or in connection with such recommendation without first notifying the Adviser of such compensation arrangement. The Adviser and the Fund understand that the investments made by the Fund may not achieve positive or acceptable results and that the Fund may not achieve its investment objectives and that it is possible that losses may be incurred with respect to such investments, which individually or collectively may be significant or complete.
Certain Conflicts. You understand and agree that actual and potential conflicts of interest exist with respect to your HSA, as follows:
Certain Conflicts. If there shall be any conflicts between the provisions of this Article V and Section 4.2(c) (relating to Tax contests), the provisions of Section 4.2(c) shall control with respect to Tax contests.
Certain Conflicts. To the extent of any conflict between the terms of this Agreement and any other Transaction Document(s), the provisions of this Agreement shall be determinative.
Certain Conflicts. To the extent any provision of this Certificate of Designations conflicts, or is otherwise inconsistent, with a provision of the Company's by-laws, the provision of this Certificate of Designations shall be given effect, and the by-laws shall be deemed amended accordingly.
Certain Conflicts. Where there is any conflict between the terms of this Third Amendment and the terms of the Merger Agreement, the License Agreement or any other agreement between the Parties (or their respective Affiliates), the terms of this Third Amendment shall prevail.
