Agreement not to Participate in Company’s Competitors. During any period during which you are receiving compensation or consideration from the Company, you will not acquire, assume, or participate in, directly or indirectly, any position, investment, or interest known by you at the time of such position, investment or interest to be adverse or antagonistic to the Company, its business, or prospects, financial or otherwise, or in any company, person, or entity that is, directly or indirectly, in competition with the business of the Company or any of its Affiliates. Ownership by you, as a passive investment, of less than two percent (2%) of the outstanding shares of capital stock of any corporation with one or more classes of its capital stock listed on a national securities exchange or publicly traded on the Nasdaq Stock Market or in the over-the-counter market shall not constitute a breach of this paragraph.
Appears in 14 contracts
Samples: Employment Agreement (Verenium Corp), Employment Agreement (Verenium Corp), Employment Agreement (Verenium Corp)
Agreement not to Participate in Company’s Competitors. During any period during which you are receiving compensation or consideration from the CompanyTerm, you will Executive agrees not to acquire, assume, assume or participate in, directly or indirectly, any position, investment, investment or interest known by you at the time of such position, investment or interest Executive to be adverse or antagonistic to the Company, its business, or prospects, financial or otherwise, or in any company, person, or entity that is, directly or indirectly, in competition with the business of the Company or any of its Affiliates. Ownership by youExecutive, in professionally managed funds over which Executive does not have control or discretion in investment decisions, or as a passive investment, of less than two percent (2%) of the outstanding shares of capital stock of any corporation with one or more classes of its capital stock listed on a national securities exchange or publicly traded on the Nasdaq Stock Market a national securities exchange or in the over-the-counter market shall not constitute a breach of this paragraphSection 2.3.
Appears in 13 contracts
Samples: Share and Asset Purchase Agreement (BioTelemetry, Inc.), Employment Agreement (CardioNet, Inc.), Employment Agreement (CardioNet, Inc.)
Agreement not to Participate in Company’s Competitors. During any period during which you are receiving compensation or consideration from the Company, you will not acquire, assume, or participate in, directly or indirectly, any position, investment, or interest known by you at the time of such position, investment or interest to be adverse or antagonistic to the Company, its business, or prospects, financial or otherwise, or in any company, person, or entity that is, directly or indirectly, in competition with the business of the Company or any of its Affiliates. Ownership by you, as a passive investment, of less than two percent (2%) of the outstanding shares of capital stock of any corporation with one or more classes of its capital stock listed on a national securities exchange or publicly traded on the Nasdaq Stock Market or in the over-the-counter market shall not constitute a breach of this paragraph.
Appears in 1 contract
Samples: Verenium Corp