Competing Enterprise. Undertake or participate in any planning for or organization of any business activity that is or will be in competition with the Corporation in any field(s) or area(s) in which the Employee has worked or with which the Employee has come into contact, or of which the Employee has gained knowledge during the term of his employment under this Agreement; or
Competing Enterprise. Executive acknowledges and agrees that a “Competing Enterprise” is defined as any business: (i) with total annual sales of at least five hundred million dollars ($500 million USD) with retail locations or distribution facilities in any US State or territory; and (ii) that provides goods and/or services to customers in the United States, through retail or electronic means (internet, mobile application, etc.), that are the same as, substantially similar to, or otherwise in competition with the Company products or services. The term “Competing Business” shall specifically include, but not be limited to, the following entities: The Home Depot, Inc.; Sears Holdings, Inc.; Costco Wholesale Corporation; Wal-Mart Stores, Inc.; Xxxxxx, Inc.; Xxxxxx.xxx, Inc.; Best Buy, Inc.; Ace Hardware Corp.; Tractor Supply Co.; Lumber Liquidators Holdings, Inc.; Wayfair, LLC; Xxx.xxx, Inc.; and True Value Company.
Competing Enterprise. Undertake or participate in any planning for or organization of any business activity that is or will be in competition with the Company in any field or area in which Employee has worked or with which Employee has come into contact or of which Employee has gained knowledge during the term of his employment under this Agreement; or
Competing Enterprise. Employee acknowledges and agrees that a “Competing Enterprise” is defined as any business: (i) with total annual sales of at least five hundred million dollars ($500 million USD) with retail locations or distribution facilities in any US State or territory; and (ii) that provides goods and/or services to customers in the United States, through retail or electronic means (internet, mobile application, etc.), that are the same as, substantially similar to, or otherwise in competition with Lowe’s products or services. The term “Competing Business” shall specifically include, but not be limited to, the following entities: The Home Depot, Inc.; Walmart, Inc.; Target Corp.; Sears Holdings, Inc.; Xxxxxx, Inc.; Xxxxxx.xxx, Inc.; Best Buy, Inc.; Ace Hardware Corp.; Tractor Supply Co.; Lumber Liquidators Holdings, Inc.; Wayfair, LLC; Xxx.xxx, Inc.; and, True Value Company.
Competing Enterprise. For purposes of Section 7.01 of this Agreement, the term "Competing Enterprise" shall mean any person, corporation, partnership or other entity engaged in any business (i) described in the Company's Annual Report to Stockholders or in its Annual Report on Form 10-K for the Company's most recent fiscal year, within the United States of America or in the Republic of Vietnam and any adjacent countries, in which the Company and its Affiliates has engaged or is then engaged, (ii) under consideration by the Company and its Affiliates as of the date hereof or during the Employment Term or (iii) otherwise related, directly or indirectly, to the healthcare field. Notwithstanding anything in this Section 7.02 to the contrary, the term "Competing Enterprise" shall not include any person, or any corporation or other entity, developing or operating assisted living facilities which are not within 100 miles of any facility of the Company or a Subsidiary on the Effective Date. The phrase "engaged in any business" includes the conduct of business in any respect, including, without limitation, sales presentations, entering into contracts, and the billing or receipt of payment, services or goods, and in regard to any person, including, without limitation, the United States federal government, and any state government, and any department or agency thereof.
Competing Enterprise. For purposes of Section 13.1 of this Agreement, the term "Competing Enterprise" shall mean any person, corporation, partnership or other entity engaged in business within twenty-five (25) miles of any of the Buyer's facilities, now existing or existing during the period in Section 13.1, and engaged in any business (i) described in the Buyer's Annual Report to Stockholders or in its Annual Report on Form 10-K for the Buyer's most recent fiscal year, in which the Buyer and its Affiliates has engaged or is then engaged or (ii) under consideration by the Buyer and its Affiliates as of the date hereof. The phrase "engaged in any business" includes the conduct of business in any respect, including, without limitation, sales presentations, entering into contracts, and the billing or receipt of payment, services or goods, and in regard to any person, including, without limitation, the United States federal government, and any state government, and any department or agency thereof. Neither Section 13.1(a) nor Section 13.1(c) shall be deemed to prohibit cross-market advertising which is not designed to compete with the Buyer's facilities within the markets defined above.
Competing Enterprise. While employed by the Company, except on behalf of the Company, Executive will not directly or indirectly, whether as an officer, director, stockholder, partner, proprietor, associate, representative, consultant, or in any capacity whatsoever engage in, become financially interested in, be employed by or have any business connection with any other person, corporation, firm, partnership or other entity whatsoever which were known by Executive to compete directly with the Company, throughout the world, in any line of business engaged in (or then currently planned to be engaged in) by the Company; provided, however, that anything above to the contrary notwithstanding, Executive may own, as a passive investor, securities of any public competitor corporation, so long as Executive's direct holdings in any one such corporation shall not in the aggregate constitute more than 2% of the voting stock of such corporation.
