Competitor clause samples

If you participate in a meeting with a competitor in which any of the above topics are broached, you should affirmatively end the discussion, and you should state your reasons for doing so. During meetings with competitors, avoid sharing or obtaining confidential information from the competitor. Also avoid statements that could be construed as unfair acts such as harassment, threats or interference with the competitors’ existing contractual relationships.

iii. providing any services, directly or indirectly, to any division or direct or indirect parent company of any Listed Competitor or Other Competitor (including the Parent Companies listed on Attachment A), or to any other affiliated company of a Listed Competitor or Other Competitor; other than any entity that owns a minority interest in a Listed Competitor or Other Competitor solely as a passive investor, without any involvement in the management of such Listed Competitor or Other Competitor. For the avoidance of doubt, any activity that Executive is engaged in as of the date of the Agreement shall not constitute a Competitive Activity. Executive may have or acquire an interest in any Listed Competitor or Other Competitor for investment purposes without constituting a Competitive Activity, provided, however, that such investment by Executive must not exceed 5% of the stock of such company and must be passive and without Executive’s active involvement.

(b)The Trustee shall (or shall request that the Manager) make available, upon reasonable advance notice and at the expense of the requesting party, copies of the Quarterly Noteholders’ Reports, the Quarterly Compliance Certificates, the financial statements referenced in Section4.1(f) and Section4.1(g) and the reports referenced in Section4.1(e) to any Noteholder (or any Note Owner) and to any prospective investor that provides the Trustee with an Investor Request Certification to the effect that such party (i)is a Noteholder (or Note Owner) or prospective investor, as applicable, (ii)understands that the materials contain confidential information, (iii)is requesting the information solely for use in evaluating such party’s investment or potential investment, as applicable, in the Notes and will keep such information strictly confidential (provided that such party may disclose such information only (A)to (1)those personnel employed by it who need to know such information, (2)its attorneys and outside auditors that have agreed to keep such information confidential and to treat the information as confidential information, or (3)a regulatory or self-regulatory authority pursuant to applicable law or regulation or (B)by judicial process), and (iv)is not a Competitor. Notwithstanding the foregoing, a recipient of such materials may disclose to any and all persons, without limitation of any kind, the tax treatment and tax structure of the transactions and any related tax strategies to the extent necessary to prevent the transaction from being described as a “confidential transaction” under U.S. Treasury Regulations Section1.6011-4(b)(3).

Some of the key components used to manufacture our products come from a limited or single source of supply, or by a supplier that could potentially become a competitor. Our contract manufacturers generally purchase these components on our behalf from approved suppliers. We are subject to the risk of shortages and long lead times in the supply of these components and the risk that our suppliers discontinue or modify components used in our products. In addition, the lead times associated with certain components are lengthy and preclude rapid changes in quantities and delivery schedules. We have in the past experienced and may in the future experience component shortages, and the availability of these components may be unpredictable.

(b) Without the prior written consent of Alibaba or except pursuant to a Permitted Founding Shareholder Transfer, no Founding Shareholder shall, acting alone or together with other Founding Shareholders, Transfer any Company Securities legally or beneficially owned by him (directly or indirectly through any intermediary) at any time to any Investor Competitor; provided, however, that the foregoing restriction shall not apply to Transfer of Company Securities by the Founding Shareholders over a stock exchange or in one or more privately negotiated block sale transactions as long as the applicable Founding Shareholder is not aware after due inquiry that the transferee is an Investor Competitor. Without prejudice to the foregoing sentence, the Founder shall not Transfer any ClassB Ordinary Shares legally or beneficially owned by him (directly or indirectly through any intermediary) prior to the second (2nd) anniversary of the date hereof without the prior written consent of Alibaba or except pursuant to a Permitted Founding Shareholder Transfer. Except as explicitly set forth under Sections 3.2, 3.3 and 3.4 hereunder, there is no provision in this Agreement that directly or indirectly restricts the ability of any Founding Shareholder to transfer the Company Securities.

Additionally, we would expect to see similar companies selected by ISS as benchmark companies for ExxonMobil and our largest U.S.-based competitor in the oil/gas industry. Yet, Berkshire was not selected by ISS as a benchmark for ExxonMobil’s largest U.S.-based competitor or any other company, according to our analysis. Also, the ISS-selected peer group for Berkshire does not include ExxonMobil, nor does it include our largest U.S.-based competitor. Appropriately, most of Berkshire’s ISS-selected benchmark group includes financial services and insurance companies.