Limitations on Foreign Person Members Sample Clauses

Limitations on Foreign Person Members. Notwithstanding anything to the contrary in this Agreement, and except as the Administrator shall otherwise determine, each Foreign Person Member acknowledges and agrees that neither it nor any of its Affiliates shall: (i) have the authority to approve, disapprove, or otherwise control any decision of the Administrator, including any decision of the Fund to invest in a Portfolio Company; or (ii) have the authority to unilaterally dismiss, prevent the dismissal of, select, or determine the compensation of the Administrator; and in addition, without the written consent of the Administrator, each Foreign Person Member acknowledges and agrees that neither it nor any of its Affiliates shall: (iii) independently invest in any Portfolio Company; (iv) have the right to communicate with the Fund, any Portfolio Company or the management thereof regarding the day to day operations of its business; (v) become actively involved, directly or indirectly, in the management or operation of the Fund or any Portfolio Company; (vi) obtain or seek to obtain access to Material Non-public Technical Information of the Fund or any Portfolio Company; (vii) obtain or seek to obtain membership or observer rights on the board of directors or equivalent governing body of the Fund, if any, or any Portfolio Company; (viii) become involved with or engage in any substantive decision-making of the Fund or any Portfolio Company regarding U.S. critical infrastructure, critical technologies, or sensitive personal data as defined under the DPA; (ix) become involved with or engage in the purchase, lease, or concession of U.S. real estate by the Fund or any Portfolio Company; or (x) maintain any other relationship to the Fund or any Portfolio Company, including service as a director, officer, or in another management or decision-making role, other than (A) the relationship with the Fund permitted under this Agreement and (B) ordinary course commercial relationships with Portfolio Companies.