Potential Conflict of Interest. Except as disclosed in Section 3.19 of the Disclosure Schedule or in the Company SEC Reports, to the knowledge of the Company, no officer, director or Affiliate of the Company or any Company Subsidiary, and no relative or spouse of any such officer, director or Affiliate: (a) owns, directly or indirectly, any interest in (excepting less than 1% stock holdings for investment purposes in securities of publicly held and traded companies), or is an officer, director, employee or consultant of, any Person that is, or is engaged in business as, a competitor, lessor, lessee, supplier, distributor, sales agent or customer of, or lender to or borrower from, the Company or any of the Company Subsidiaries; (b) owns, directly or indirectly, in whole or in part, any material tangible or intangible property that the Company or any of the Company Subsidiaries uses in the ordinary conduct of its business; or (c) has any cause of action or other claim whatsoever against, or owes any amount to, the Company or any of the Company Subsidiaries, except for claims in the ordinary course of business such as for accrued vacation pay, accrued benefits under Company Benefit Plans, and similar matters and agreements arising in the ordinary course of business.
Appears in 3 contracts
Sources: Preferred Stock Subscription Agreement (Asc East Inc), Preferred Stock Subscription Agreement (Oak Hill Capital Partners L P), Preferred Stock Subscription Agreement (American Skiing Co /Me)