Common use of Agreement not to Participate in Company’s Competitors Clause in Contracts

Agreement not to Participate in Company’s Competitors. During Executive's employment with the Company and any period in which Executive is receiving compensation from the Company, Executive agrees not to acquire, assume or participate in, directly or indirectly, any position, investment or interest known by 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 the Executive, as a passive investment, of less than one percent (1%) 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 5 contracts

Samples: Employment Agreement (Maxim Pharmaceuticals Inc), Employment Agreement (Maxim Pharmaceuticals Inc), Employment Agreement (Maxim Pharmaceuticals Inc)

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Agreement not to Participate in Company’s Competitors. During Executive's employment with the Company and any period in during which the Executive is receiving any compensation or consideration from the Company, the Executive agrees not to acquire, assume or participate in, directly or indirectly, any position, investment or interest known by the 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 the Executive, as a passive investment, of less than one two percent (12%) 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 4 contracts

Samples: Executive Employment Agreement (Ardea Biosciences, Inc./De), Executive Employment Agreement (Ardea Biosciences, Inc./De), Employment Agreement (Ardea Biosciences, Inc./De)

Agreement not to Participate in Company’s Competitors. During Executive's employment with the Company term of this agreement, and any period except the provisions included in which Executive is receiving compensation from Section 2.1 above, the Company, Executive agrees not to acquire, assume or participate in, directly or indirectly, any position, investment or interest known by the 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 the Executive, as a passive investment, of less than one two percent (12%) 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 4 contracts

Samples: Executive Employment Agreement (Heron Therapeutics, Inc. /De/), Executive Employment Agreement (Ap Pharma Inc /De/), Executive Employment Agreement (Ap Pharma Inc /De/)

Agreement not to Participate in Company’s Competitors. During Executive's employment with the Company and any period in during which the Executive is receiving any compensation or consideration from the Company, the Executive agrees not to acquire, assume or participate in, directly or indirectly, any position, investment or interest known by the 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 Notwithstanding the foregoing, ownership by the Executive, as a passive investment, of less than one two percent (12%) 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 Section 2.2 or this paragraphSection 2.3.

Appears in 4 contracts

Samples: Executive Employment Agreement (Ardea Biosciences, Inc./De), Executive Employment Agreement (Ardea Biosciences, Inc./De), Executive Employment Agreement (Ardea Biosciences, Inc./De)

Agreement not to Participate in Company’s Competitors. During Executive's employment with the Company and any period in which Executive is receiving compensation from Term, the Company, Executive agrees not to acquire, assume or participate in, directly or indirectly, any position, investment or interest known by 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 the Executive, in professionally managed funds over which the Executive does not have control or discretion in investment decisions, or as a passive investment, of less than one two percent (12%) 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 paragraphSection 2.3.

Appears in 4 contracts

Samples: Employment Agreement (Idm Pharma, Inc.), Employment Agreement (Idm Pharma, Inc.), Employment Agreement (Idm Pharma, Inc.)

Agreement not to Participate in Company’s Competitors. During Executive's employment with the Company and any period in which Executive is receiving compensation from Term of this Agreement, the Company, Executive agrees not to acquire, assume or participate in, directly or indirectly, any position, investment or interest known by 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 Affiliatesaffiliates. Ownership by the Executive, as a passive investment, of less than one two percent (12%) 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 3 contracts

Samples: Employment Agreement (Lightspan Inc), Employment Agreement (Lightspan Inc), Employment Agreement (Lightspan Inc)

Agreement not to Participate in Company’s Competitors. During Executive's her employment with the Company and any period in which Executive is receiving compensation from by the Company, the Executive agrees not to acquire, assume or participate in, directly or indirectly, any position, investment or interest known by 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 Notwithstanding the foregoing, the acquisition or ownership by the Executive, as a passive investment, of less than one two percent (12%) 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: Employment Agreement (Amylin Pharmaceuticals Inc)

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Agreement not to Participate in Company’s Competitors. During Executive's employment with the Company and any period in during which Executive is receiving any compensation or consideration from the Company, Executive agrees not to acquire, assume or participate in, directly or indirectly, any position, investment or interest known by 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 the Executive, as a passive investment, of less than one two percent (12%) 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: Employment Agreement (Discovery Partners International Inc)

Agreement not to Participate in Company’s Competitors. During the Executive's employment with the Company and any period in which Executive is receiving compensation from by the Company, Executive agrees not to acquire, assume or participate in, directly or indirectly, any position, investment or interest known by 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, engaged in competition with the business of the Company or any of its Affiliatespharmaceutical research development. Ownership by the Executive, as a passive investment, of less than one two percent (12%) 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 paragraphSection 2.

Appears in 1 contract

Samples: Employment Agreement (Covalent Partners LLC)

Agreement not to Participate in Company’s Competitors. During Executive's employment with the Company and any period in during which the Executive is receiving any compensation or consideration from the Company, the Executive agrees not to acquire, assume or participate in, directly or indirectly, any position, investment or interest known by 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 the Executive, as a passive investment, of less than one two percent (12%) 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: Employment Agreement (Cryocor Inc)

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