Competing Businesses. During the period of his employment under this Agreement, the Employee shall not be employed by or otherwise engage in or be interested in any business in competition with the Company, or with any of its subsidiaries or affiliates.
Competing Businesses. During the period of his employment under this Agreement and for a period of two years thereafter, the Employee shall not be employed by or otherwise engage in or be interested in any business in competition with the Company, except that the Employee's investment in any such business shall not be considered a violation of this paragraph if the stock of such business is traded on a national securities exchange and the Employee owns less than 1% of the equity thereof; provided that the foregoing (a) shall not limit or prevent the Employee from (i) serving on the board of directors of any corporation on which the Employee is serving, or (ii) investing in any business in which the Employee has an investment, each as of the date of termination of his employment, and (b) shall be null and void if the Employee is terminated by the Company without Cause.
Competing Businesses. If a Parent or an Affiliate thereof desires to initiate or pursue any opportunity to undertake, engage in, acquire or invest in a Business Opportunity (as such term is defined in the Partnership Agreement), such Person shall offer such Business Opportunity to the Partnership under the terms and conditions set forth in Sections 9.3(c) and (d) of the Partnership Agreement as if such Person were the "Proposing Partner" (as defined in the Partnership Agreement) with respect thereto, and in such event the Partnership shall have the rights and obligations with respect thereto set forth in such Sections 9.3(c) and (d).
Competing Businesses. During the Term of this Agreement and for a period of one (1) year after the termination of this Agreement, the Employee agrees not to engage in any employment, consulting, or other activity involving_______________ that competes with the business, proposed business or business interests of the Employer, without the Employer’s prior written consent.
Competing Businesses. None of Parent or any of its Affiliates owns any controlling interest in any person that is developing products in the same markets in which Parent or Merger Sub operate that would reasonably be expected to have an adverse effect on the ability of Parent to consummate the Merger and the Transactions in a timely manner in accordance with the terms hereof.
Competing Businesses. (all entities listed shall include affiliates of such entities) • Unimin Corporation • Fairmount Minerals/Santrol • Preferred Proppants, LLC • Badger Mining Corporation • Hi-Crush Proppants LLC • Emerge Energy Services LP • Superior Silica Sands LLC • EOG Resources, Inc. • Alpine Materials, LLC • Canadian Sand and Proppants, Inc. • Sierra Frac Sand, LLC • Grit Energy Solutions, LLC • Grit Energy, LLC • Proppant Express Solutions LLC • Arrows Up LLC • OmniTrax, Inc.
Competing Businesses. (all entities listed shall include affiliates of such entities) Addendum B • Active Minerals • Alpine Materials, LLC • Alpine Silica • Antero Resources Corporation • Atlas Sand Company, LLC • Badger Mining Corporation • Black Mountain Sand, LLC • Canadian Sand and Proppants, Inc. • Capital Sand Company Inc. • Carbo Ceramics Inc. • Chemviron/Calgon Carbon Corporation • Chesapeake Minerals • Clariant Specialty Chemicals • Covia Holdings Corp. • Dicalite Management Group, Inc. • EOG Resources, Inc. • Explore Group, LLC / Explore Logistics • Grit Energy Solutions, LLC • Grit Energy, LLC • Hi-Crush Inc. and Subsidiaries (Pronghorn, Encore, etc.) • Imerys S.A. • Liberty Materials Inc. • Liberty Oilfield Services and Subsidiaries like PropX • NexTier • Nomad Proppant Services, LLC • Oil-Dri Corporation • Performance Proppants • Profrac Services • Sand Revolution • Sandcan • Select Sands Corp. • Showa Chemical Industry Co., Ltd. • Sierra Frac Sand, LLC • Signal Peak Energy, LLC • Smart Sand, Inc. • Solaris Oilfield Infrastructure • Superior Silica Sands LLC • TSS (Total Sand Solution) • V SandCo, LLC d/b/a Vista Sand • Vista Proppants and Logistics, Inc. • Vorto A.I. Addendum B
Competing Businesses. During the period of his employment under this Agreement and for a period of two years thereafter, the Employee shall not be employed by or otherwise engage in or be interested in any business in competition with the Company; provided, however, that the Employee's ownership of stock in any such business shall not be considered a violation of this paragraph if the stock of such business is traded on a national securities exchange and the Employee owns less than 1% of the equity thereof, and; provided further, that the foregoing (a) shall not limit or prevent the Employee from (i) serving on the board of directors of any corporation on which the Employee is serving, or (ii) investing in any business in which the Employee has an investment, each as of the date of termination of his employment, and (b) shall be null and void if the Employee is terminated by the Company without Cause. For purposes of this Agreement a business that is "in competition" with the Company shall mean an entity that is engaged in the same or similar business as the Company and derives at least fifty percent (50%) of its revenue from the manufacture of grain storage systems, poultry feeding equipment and/or swine producing equipment.
Competing Businesses. The Borrowers and the Guarantors will not create, own or operate, and will not permit or suffer any Pledged Entity creating, owning or operating, any operating business that would compete directly with a business which CHC or any of its Subsidiaries operates or in which CHC or any of its Subsidiaries has any interest, unless the Person pursuing such competing operating business becomes a Guarantor (or, if there is a Valid Business Impediment to such Person becoming a Guarantor, a Pledged Entity) upon terms and conditions acceptable to the Administrative Agent.
Competing Businesses. You agree that, in consideration of the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, during the Employment Period and, if your employment is terminated under circumstances described in Section 7(c), for a period of 12 months thereafter, you will not directly or indirectly, on your own behalf or as a partner, officer, director, employee, agent, consultant or stockholder (other than as the holder of 1% or less of the voting capital stock of any corporation with a class of equity securities registered under Section 12(b) or 12(g) of the Securities Exchange Act of 1934, as amended) engage in or render services to any person or entity engaged in the development or sale of financial products related to credit enhancement, or that is a dealer with respect to such products, where your activities will relate to financial products offered by the Company or one of its subsidiaries or affiliates at the time of your termination of employment (“Competitive Activities”). In the event of a termination of your employment other than pursuant to Section 7(c), the Company may elect, by providing you written notice within 10 days of such termination, to provide you with a payment equal to 2.5 times your Base Salary, payable in accordance with the Company’s normal payroll practices over the one year period following your termination of employment in, and exchange therefore you agree not to engage in Competitive Activities during such one year period. The Company may, at any time during such one-year period, cease making such payments, at which time you will be relieved of your obligation not to engage in Competitive Activities. The period following your termination of employment during which this Section 12 applies is referred to as the “Restricted Period”. If, in any judicial proceeding, a court shall refuse to enforce this covenant because the time limit is too long or because it is more extensive than necessary to protect the business and goodwill of the Company, it is understood and agreed between the parties that for purposes of such proceeding such time limitation and areas of enforcement shall be reformed to the extent necessary to permit enforcement of such covenant.
