Certain Restrictive Covenants. During the Term, and for a period ending eighteen (18) months after the earlier of Employee's termination of employment hereunder and the end of the Term, Employee agrees that he will not act, either directly or indirectly, as a partner, officer, director, substantial stockholder (an equity interest of 5% or more) or employee of, or render advisory or other services for, or in connection with, or become interested in, or make any substantial financial investment in any firm, corporation, business entity or business enterprise that competes with the business of Company (each, a "Competitor"), except with the express written consent of the Board. Employee further agrees that in the event of the termination of his employment under Section 5 hereof, for a period of twelve (12) months thereafter, he will not, directly or indirectly, employ, offer to employ, or actively interfere with the relationship of Company or an Affiliate with, any employee of Company or any employee of any Affiliate. Notwithstanding anything to the contrary in this Agreement, in the event that Employee's employment is terminated for any reason prior to the closing of the Merger described in the Agreement and Plan of Merger of even date herewith by and among Company, Aladdin Acquisition Corp. and Access One Communications Corp. ("Access One") (the "Merger"), Employee may be affiliated in any position (as employee, officer, director or otherwise) of Access One without violating the provisions of this Section 10.
Appears in 4 contracts
Samples: Employment Agreement (Talk Com), Employment Agreement (Talk Com), Employment Agreement (Talk Com)
