Common use of Competition During Employment Clause in Contracts

Competition During Employment. Employee agrees that during the term of his employment with Employer, he will not, directly or indirectly, compete with Employer or its Affiliates in any way, and that he will not act as an officer, director, employee, consultant, shareholder, partner, equity owner, lender, guarantor or agent of any entity which is engaged in any business in competition with, the businesses in which Employer and its Affiliates are engaged as of the date hereof or in which Employer or its Affiliates become engaged during the term of his employment; provided, however, that this Section 11(a) shall not prohibit Employee or any of his Affiliates from: (i) purchasing or holding an aggregate equity interest of up to 1%, so long as Employee and his Affiliates combined do not purchase or hold an aggregate equity interest of more than 5%, in any business in competition with Employer and its Affiliates. Furthermore, Employee agrees that during the term of his employment, he will undertake no planning for the organization of any business activity competitive with the work he performs as an employee of Employer and Employee will not combine or conspire with any other employees of Employer and its Affiliates for the purpose of the organization of any such competitive business activity.

Appears in 6 contracts

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

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Competition During Employment. Employee agrees that during the term of his employment with Employer, he will not, directly or indirectly, compete with Employer or its Affiliates in any way, and that he will not act as an officer, director, employee, consultant, shareholder, partner, equity owner, lender, guarantor or agent of any entity which is engaged in any business in competition with, the businesses in which Employer and its Affiliates are engaged as of the date hereof or in which Employer or its Affiliates become engaged during the term of his employment; provided, however, that this Section 11(a10(a) shall not prohibit Employee or any of his Affiliates from: (i) purchasing or holding an aggregate equity interest of up to 1%, so long as Employee and his Affiliates combined do not purchase or hold an aggregate equity interest of more than 5%, in any business in competition with Employer and its Affiliates. Furthermore, Employee agrees that during the term of his employment, he will undertake no planning for the organization of any business activity competitive with the work he performs as an employee of Employer and Employee will not combine or conspire with any other employees of Employer and its Affiliates for the purpose of the organization of any such competitive business activity.

Appears in 3 contracts

Samples: Employment Agreement (Best Energy Services, Inc.), Employment Agreement (Best Energy Services, Inc.), Employment Agreement (Best Energy Services, Inc.)

Competition During Employment. Employee agrees that during the term of his employment with Employer, neither he nor any of his affiliates, will not, directly or indirectly, indirectly compete with Employer or its Affiliates affiliates in any way, and that he will not act as an officer, director, employee, consultant, shareholder, partner, equity owner, lender, guarantor or agent of any entity which is engaged in any business of the same nature as, or in competition with, the businesses in which Employer and its Affiliates affiliates are now engaged as of the date hereof or in which Employer or its Affiliates affiliates become engaged during the term of his employment; provided, however, that this Section 11(a10(a) shall not prohibit Employee or any of his Affiliates affiliates from: (i) purchasing or holding an aggregate equity interest of up to 1%, so long as Employee and his Affiliates affiliates combined do not purchase or hold an aggregate equity interest of more than 5%, in any business in competition with Employer and its Affiliatesaffiliates. Furthermore, Employee agrees that during the term of his employment, he will undertake no planning for the organization of any business activity competitive with the work he performs as an employee of Employer and Employee will not combine or conspire with any other employees of Employer and its Affiliates affiliates for the purpose of the organization of any such competitive business activity.

Appears in 3 contracts

Samples: Employment Agreement (American Telesource International Inc), Employment Agreement (Globalscape Inc), Employment Agreement (American Telesource International Inc)

Competition During Employment. Employee agrees that during the term of his employment with Employer, neither he nor any of his affiliates, will not, directly or indirectly, indirectly compete with Employer or its Affiliates affiliates in any way, and that he will not act as an officer, director, employee, consultant, shareholder, partner, equity owner, lender, guarantor or agent of any entity which is engaged in any business of the same nature as, or in competition with, the businesses in which Employer and its Affiliates affiliates are now engaged as of the date hereof or in which Employer or its Affiliates affiliates become engaged during the term of his employment; provided, however, that this Section 11(a) shall not prohibit Employee or any of his Affiliates affiliates from: (i) purchasing or holding an aggregate equity interest of up to 1%, so long as Employee and his Affiliates affiliates combined do not purchase or hold an aggregate equity interest of more than 5%, in any business in competition with Employer and its Affiliatesaffiliates. Furthermore, Employee agrees that during the term of his employment, he will undertake no planning for the organization of any business activity competitive with the work he performs as an employee of Employer and Employee will not combine or conspire with any other employees of Employer and its Affiliates affiliates for the purpose of the organization of any such competitive business activity.

Appears in 1 contract

Samples: Employment Agreement (Globalscape Inc)

Competition During Employment. Employee agrees that during the term of his her employment with Employer, he neither she nor any of her affiliates, will not, directly or indirectly, indirectly compete with Employer or its Affiliates affiliates in any way, and that he she will not act as an officer, director, employee, consultant, shareholder, partner, equity owner, lender, guarantor or agent of any entity which is engaged in any business of the same nature as, or in competition with, the businesses in which Employer and its Affiliates affiliates are now engaged as of the date hereof or in which Employer or its Affiliates affiliates become engaged during the term of his employment; provided, however, that this Section 11(a10(a) shall not prohibit Employee or any of his Affiliates her affiliates from: (i) purchasing or holding an aggregate equity interest of up to 1%, so long as Employee and his Affiliates her affiliates combined do not purchase or hold an aggregate equity interest of more than 5%, in any business in competition with Employer and its Affiliatesaffiliates. Furthermore, Employee agrees that during the term of his employment, he she will undertake no planning for the organization of any business activity competitive with the work he she performs as an employee of Employer and Employee will not combine or conspire with any other employees of Employer and its Affiliates affiliates for the purpose of the organization of any such competitive business activity.

Appears in 1 contract

Samples: Employment Agreement (Globalscape Inc)

Competition During Employment. Employee agrees that during the term of his employment with Employer, he will not, directly or indirectly, compete with Employer or its Affiliates in any way, and that he will not act as an officer, director, employee, consultant, shareholder, partner, equity owner, lender, guarantor or agent of any entity which is engaged in any business in competition with, the businesses in which Employer and its Affiliates are engaged as of the date hereof or in which Employer or its Affiliates become engaged during the term of his employment; provided, however, that this Section 11(a12(a) shall not prohibit Employee or any of his Affiliates from: (i) purchasing or holding an aggregate equity interest of up to 1%, so long as Employee and his Affiliates combined do not purchase or hold an aggregate equity interest of more than 5%, in any business in competition with Employer and its Affiliates. Furthermore, Employee agrees that during the term of his employment, he will undertake no planning for the organization of any business activity competitive with the work he performs as an employee of Employer and Employee will not combine or conspire with any other employees of Employer and its Affiliates for the purpose of the organization of any such competitive business activity.

Appears in 1 contract

Samples: Employment Agreement (Globalscape Inc)

Competition During Employment. Employee agrees that during the term of his employment with Employer, he will not, directly or indirectly, compete with Employer or its Affiliates in any way, and that he will not act as an officer, director, employee, consultant, shareholder, partner, equity owner, lender, guarantor or agent of any entity which is engaged in any business in competition with, the businesses in which Employer and its Affiliates are engaged as of the date hereof or in which Employer or its Affiliates become engaged during the term of his employment; provided, however, that this Section 11(a) shall not prohibit Employee or any of his Affiliates from: (i) purchasing or holding an aggregate equity interest of up to 1%, so long as Employee and his Affiliates combined do not purchase or hold an aggregate equity interest of more than 5%, in any business in competition with Employer and its Affiliates. SECOND AMENDED AND RESTATED EMPLOYMENT AGREEMENT – XXXXX X. XXXXXX Furthermore, Employee agrees that during the term of his employment, he will undertake no planning for the organization of any business activity competitive with the work he performs as an employee of Employer and Employee will not combine or conspire with any other employees of Employer and its Affiliates for the purpose of the organization of any such competitive business activity.

Appears in 1 contract

Samples: Employment Agreement (Globalscape Inc)

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Competition During Employment. Employee agrees that during the term of his employment with Employer, he will not, directly or indirectly, compete with Employer Parent or its Affiliates in any way, and that he will not act as an officer, director, employee, consultant, shareholder, partner, equity owner, lender, guarantor or agent of any entity which is engaged in any business in competition with, the businesses in which Employer Parent and its Affiliates are engaged as of the date hereof or in which Employer Parent or its Affiliates become engaged during the term of his employment; provided, however, that this Section 11(a) shall not prohibit Employee or any of his Affiliates from: (i) purchasing or holding an aggregate equity interest of up to 1%, so long as Employee and his Affiliates combined do not purchase or hold an aggregate equity interest of more than 5%, in any business in competition with Employer Parent and its Affiliates. Furthermore, Employee agrees that during the term of his employment, he will undertake no planning for the organization of any business activity competitive with the work he performs as an employee of Employer and Employee will not combine or conspire with any other employees of Employer Parent and its Affiliates for the purpose of the organization of any such competitive business activity.

Appears in 1 contract

Samples: Employment Agreement (Globalscape Inc)

Competition During Employment. Employee agrees that during the term of his employment with Employer, he will not, directly or indirectly, compete with Employer or its Affiliates in any way, and that he will not act as an officer, director, employee, consultant, shareholder, partner, equity owner, lender, guarantor or agent of any entity which is engaged in any business in competition with, the businesses in which Employer and its Affiliates are engaged as of the date hereof or in which Employer or its Affiliates become engaged during the term of his employment; provided, however, that this Section 11(a) shall not prohibit Employee or any of his Affiliates from: (i) purchasing or holding an aggregate equity interest of up to 1%, so long as Employee and his Affiliates combined do not purchase or hold an aggregate equity interest of more than 5%, in any business in competition with Employer and its Affiliates. SECOND AMENDED AND RESTATED EMPLOYMENT AGREEMENT – XXXXX X. XXXXXXXX Furthermore, Employee agrees that during the term of his employment, he will undertake no planning for the organization of any business activity competitive with the work he performs as an employee of Employer and Employee will not combine or conspire with any other employees of Employer and its Affiliates for the purpose of the organization of any such competitive business activity.

Appears in 1 contract

Samples: Employment Agreement (Globalscape Inc)

Competition During Employment. Employee agrees that during the term of his employment with Employer, he will not, directly or indirectly, compete with Employer or its Affiliates in any way, and that he will not act as an officer, director, employee, consultant, shareholder, partner, equity owner, lender, guarantor or agent of any entity which is engaged in any business in competition with, the businesses in which Employer and its Affiliates are engaged as of the date hereof or in which Employer or its Affiliates become engaged during the term of his employment; provided, however, that this Section 11(a) shall not prohibit Employee or any of his Affiliates from: (i) purchasing or holding an aggregate equity interest of up to 1%, so long as Employee and his Affiliates combined do not purchase or hold an aggregate equity interest of more than 5%, in any business in competition with Employer and its Affiliates. AMENDED AND RESTATED EMPLOYMENT AGREEMENT – XXXXXXX XXXXXXX 10 Furthermore, Employee agrees that during the term of his employment, he will undertake no planning for the organization of any business activity competitive with the work he performs as an employee of Employer and Employee will not combine or conspire with any other employees of Employer and its Affiliates for the purpose of the organization of any such competitive business activity.

Appears in 1 contract

Samples: Employment Agreement (Globalscape Inc)

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