Vivint smart home business card vector7/24/2023 Nothing in this Agreement will prohibit: (i) either Party or any of their respective Affiliates from collectively owning as a passive investment no more than two and one half percent (2.5%) of the equity of any publicly traded company or (ii) Vivint Solar from seeking and obtaining financing from any Vivint Competitor, provided that any such financing does not require as a term of such financing that Vivint Solar take any action that would violate any provision of this Agreement.ĭirect Competitor means any individual, partnership, corporation, limited liability company, association, or other group, however organized, who competes with the Company in the full service restaurant business.Ĭompetitor means any individual or entity that, at any time during the Term, whether directly or through an Affiliate, owns in whole or in part, or is the licensor or franchisor of a Competing Brand, irrespective of the number of hotels owned, licensed or franchised under such Competing Brand name. Licensee may also assign this Agreement in its entirety, without Licensor’s consent, to any Person who is not a Vivint Competitor and acquires all or substantially all of Licensee and its Affiliates’ businesses and assets related to the Marks (in either an equity or asset sale).ĭuring the Non-Compete Period, Vivint Solar will not, nor will it permit its other Restricted Parties to, directly or indirectly (in any capacity, including as a direct or indirect owner, partner, member, investor, lender, principal, director, officer, employee, consultant or agent of any other Person and including through contracting with a Vivint Competitor), engage in the Vivint Business anywhere in the world. Examples of Vivint Competitor in a sentence
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