Agreement Not to Interfere. For a period of twelve (12) consecutive months after the Separation Date, Executive will not, directly or indirectly, induce or attempt to induce any vendor, supplier, independent contractor or customer of the Company or of any of its Affiliates to cease doing business with or terminate or alter its relationship with the Company or any of its Affiliates.
Agreement Not to Interfere. Executive shall not attempt to divert or take away, in any manner, the business or patronage of any customer or potential customer of the Company or otherwise take from or deprive the Company of any business opportunity; or materially interfere, in any manner, with the business, trade, good will, sources of supply, or customers of the Company.
Agreement Not to Interfere. Executive shall not attempt to divert or take away, in any manner, the business or patronage of any customer or potential customer of the Company or otherwise take from or deprive the Company of any business opportunity; or materially interfere, in any manner, with the business, trade, good will, sources of supply, or customers of the Company. Executive acknowledges and agrees that the restrictions contained in this Section 4 are reasonable and necessary for the protection of the business interests of the Company and that such restrictions are not unduly burdensome in scope or duration.
Agreement Not to Interfere. During the Non-Competition Period, Executive agrees that he will not take any action to interfere with the relationships between the Company or any subsidiary or Affiliate of the Company, and their respective suppliers or customers. He further agrees that he will not induce or attempt to induce any customer, supplier, or other business relation of the Company or any subsidiary or Affiliate of the Company to withdraw, curtail or cease doing business with the Company or any subsidiary or Affiliate of the Company, as applicable.
Agreement Not to Interfere. Each Party agrees, and in the case of the Company, subject to Section 6.03 hereof, and in the case of the Committee, subject to Section 6.04 hereof, that it will not: (i) object to, delay, postpone, challenge, reject, oppose or take any other action that would reasonably be expected to prevent, interfere with, delay or impede, directly or indirectly, in any material respect, the approval, acceptance or implementation of the Restructuring on the terms set forth in the Term Sheet; (ii) directly or indirectly solicit, propose, file with the Bankruptcy Court, vote for (to the extent applicable) or otherwise support or approve any plan of reorganization, sale, proposal or offer of dissolution, winding up, liquidation, reorganization, merger or restructuring of the Company or its indebtedness other than the Plan (in each case, an “Alternative Transaction”); (iii) negotiate, enter into, consummate or otherwise participate in any Alternative Transaction or take any other action, including, but not limited to, initiating any legal proceeding or enforcing rights as holders of Claims, that is materially inconsistent with, or that would reasonably be expected to prevent or materially delay consummation of, the Restructuring; and (iv) in the case of the Consenting Creditors and the Committee, object to or oppose, or support any other person’s efforts to object to or oppose, any motions filed by the Company that are not inconsistent with this Agreement, including any request by the Company to extend its exclusive periods to file the Plan and solicit acceptances thereof. Notwithstanding the foregoing or anything else in this Agreement, the Company, directly or indirectly through any of its representatives or advisors, may participate in negotiations or discussions with any third party that has made an unsolicited proposal that the Company determines in accordance with Section 6.03 hereof could lead to an Alternative Transaction or expressed an interest in making a proposal that the Company determines in accordance with Section 6.03 hereof could lead to an Alternative Transaction (and the Company may, but is not obligated to, furnish to such third party non-public information relating to the Company pursuant to an executed confidentiality agreement); provided, however, that, if the Company receives an unsolicited proposal or expression of interest (whether orally or in writing) that the Company determines in accordance with Section 6.03 hereof could lead to an Alternative...
Agreement Not to Interfere. Executive covenants and agrees that, for a period of twenty-four (24) months following Executive’s last day of employment with Employer, Executive shall not:
(a) solicit, encourage, cause or attempt to cause any Restricted Customer (as defined below) not to do business with Employer or to reduce any part of its business with Employer;
(b) solicit, encourage, cause or attempt to cause any Restricted Customer to purchase any services or products from any business other than Employer that are competitive with or a replacement for the services or products offered by Employer;
(c) sell or provide any services or products to any Restricted Customer that are competitive with or a replacement for Employer's services or products;
(d) solicit, encourage, cause or attempt to cause any supplier of goods or services to Employer not to do business with or to reduce any part of its business with Employer;
(e) as an employee, agent, partner, shareholder, member, investor, director, consultant, or otherwise assist any competitor of Employer to engage in any of the conduct described in sub-sections (a) – (d) of this Section.
Agreement Not to Interfere. UNL shall have rights of ingress and egress across the Property to access the Research Plots. UNL and its agents, employees, and contractors shall not materially and adversely to interfere with the use of the Property by City (except during times of prescribed xxxxx or any other activity where access to the Property may be restricted for safety), not damage or tamper with any tangible or intangible property of City, nor undertake any action which would endanger human health or the environment (excepting prescribed xxxxx). Similarly, City and its agents, employees, and contractors shall not interfere in any material way with the activities conducted by UNL on the Research Plots, not damage or tamper with any Research Plots or equipment installed for such activities, nor undertake any actions regarding the use of the Property which would endanger human health or the environment. Moreover, both parties shall not allow others to use the Property in such a manner regarding interference during the term of this Agreement.
Agreement Not to Interfere. (a) Hellxxx xxxeby agrees that he will not at any time during the Restricted Period, directly or indirectly solicit, induce or influence any customer, supplier, lessor or any other person which has a business relationship with the Company relating to the Business in the Territory, or which had on the date of this Agreement or during the Restricted Period a business relationship with the Company relating to the Business in the Territory, to discontinue or reduce the extent of such relationship with the Company in the Territory or otherwise modify such relationship with the Company in any manner adverse to the interests of the Company.
(b) Hellxxx xxxeby agrees that he will not at any time during the Restricted Period, (i) directly or indirectly recruit, solicit or otherwise induce or influence any employee or sales agent of the Company to discontinue such employment, agency or other relationship with the Company, or (ii) employ or seek to employ, or cause any Competitive Business to employ or retain or seek to employ or retain as an employee or sales agent for any Competitive Business in the Territory, any person who is then (or was at any time within six months prior to the date Hellxxx xx the Competitive Business employs or seeks to employ such person) employed by the Company as an employee or sales agent.
Agreement Not to Interfere. 1. S & S, Williams, Beggs, and all the companies or entities owned and/or controlled, directly or indirectly, by any of them, or any of their agents or Affiliates, covenant not to perform any act or do anything, directly or indirectly, to attempt to interfere in any fashion with or harm the operation of the Foundation’s Historical Railroad, commercial ventures, or Historical Line as defined in Article III, Section F. above.
2. Provided Buyer is not in default under this Agreement, the Deed of Trust, or the Promissory Note, Sellers covenant not to perform any act or do anything, directly or indirectly, to attempt to interfere in any fashion with or harm S & S’s operations, commercial ventures, or the Northern Line as defined in Article III, Section B. above; provided, however, this covenant shall not prohibit Sellers from enforcing their rights and remedies under any provision
3. S & S, Xxxxxxxx, and Xxxxx covenant not to, directly or indirectly, own or operate a commercial rail venture on the Historical Line or operate trains on the Historical Line, and Sellers covenant not to own or operate a commercial rail venture on the Northern Line or operate Sellers’ trains on the Northern Line while the Northern Line is owned or controlled by S & S, Williams, Beggs, or any entity owned or controlled by them; provided, however, that such covenant applying to Sellers shall terminate upon a default of the Promissory Note.
4. The covenants not to interfere in this Article III, Section M. include, but are not limited to, a covenant not to make an “Offer of Financial Assistance,” request an adverse abandonment from the STB, or file a feeder line application with the STB with respect to any portion of the Historical Line (in the case of S & S, Xxxxxxxx, or Xxxxx) or the Northern Line (in the case of Sellers). For the avoidance of doubt, the covenants in this Article III, Section M. do not apply to the Sellers upon a default of the Promissory Note.
5. S & S, Xxxxxxxx, and Xxxxx further covenant to not, directly or indirectly, infringe on the Foundation’s trade names “Nevada Northern Railway” or “Great Basin & Northern Railroad” in any way and to not utilize any part of the Foundation’s trade names in its marketing or operations. S & S or any successor or substitute Person is free to refer to any part of the Northern
6. Xxxxxxx Xxxxxxxx and Xxxxx Xxxxx execute this Agreement in their individual capacities to effectuate the covenants set forth in this Article III, Section M....
Agreement Not to Interfere. During the Non-Competition Period, Executive agrees that he will not take any action the intent or effect of which is to interfere with any relationships related to the Business between the Company and any of its suppliers, vendors, clients, customers or any other business relation, and he will not induce or attempt to induce any such business relations to withdraw, curtail or cease doing business with the Company. He further agrees that he will not 4850-3015-0698, v. 5 take any action the intent or effect of which is to interfere with any relationships related to the Business between any subsidiary or Affiliate of the Company and any of their suppliers, vendors, clients, customers or any other business relations with whom the Employee has had business contact, and he will not induce or attempt to induce any such business relations to withdraw, curtail or cease doing business with the Company or any subsidiary or affiliate of the Company, as applicable.
