Competition Following Employment. In order to protect Employer against the unauthorized use or the disclosure of any Confidential Information of Employer and its Affiliates presently known or hereafter obtained by Employee during his employment under this Agreement, Employee agrees that for a period of twelve (12) months after the termination or cessation of his employment with Employer at any time and for any reason, and regardless of whether any payments are made to Employee under this Agreement as a result of such termination (but subject to the provisions of Section 12 hereof), Employee shall not, directly or indirectly, for himself or on behalf of any other corporation, person, firm, partnership, association, or any other entity (whether as an individual, agent, servant, employee, employer, officer, director, shareholder, investor, principal, consultant or in any other capacity), engage or participate in any business which engages in competition with the businesses being conducted by Employer or any of its Affiliates during the Term anywhere in any state in the United States or in any foreign country where Employer or any of its Affiliates distributes software or performs services related to the distribution of software, or any other business in which Employer or any of its Affiliates was actively engaged at the time of termination of Employee’s employment with Employer; provided, however, that this provision 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, or (ii) serving as an officer, employee or consultant to any entity or business which operates through multiple Affiliates or business divisions, as long as Employee is serving as an officer, employee or consultant to an Affiliate or business division which is not engaged in competition with Employer or any of its Affiliates.
Competition Following Employment. In order to protect the Company against the unauthorized use or the disclosure of any confidential information of the Company presently known or hereinafter obtained by Employee during her employment under this Agreement, Employee agrees that for a period of twenty four (24) months following the termination of this Agreement for any reason, neither Employee nor any of her Affiliates, shall, directly or indirectly, for itself or herself or on behalf of any other corporation, person, firm, partnership, association, or any other entity (whether as an individual, agent, servant, employee, employer, officer, director, shareholder, investor, principal, consultant or in any other capacity):
Competition Following Employment. Employee agrees that for a period of one-year after the termination or cessation of his employment for Employer for any reason whatsoever, neither he, nor any of his affiliates, will directly or indirectly: (i) compete with Employer or its affiliates in the Business; (ii) act as an officer, director, employee, consultant, shareholder, lender, or agent of any entity which is in competition with Employer; or (iii) undertake or plan for the organization of any business activity in competition with Employer and Employee will not combine or conspire with any other employees of Employer or its affiliates for the purpose of the organization of any such competitive business activity; provided, however, that this Section 5(e) shall not prohibit Employee or any of his affiliates from purchasing or holding an aggregate equity interest of up to 1% in any publicly-traded company which is in competition with Employer.
Competition Following Employment. In order to protect Employer against the unauthorized use or the disclosure of any Confidential Information of Employer and its Affiliates presently known or hereinafter obtained by Employee during his employment under this Agreement, Employee agrees that for a period equal to the greater of (i) six (6) months after the termination or cessation of his employment with Employer at any time and for any reason, other than cessation of his employment caused by Employer’s filing for reorganization under the bankruptcy laws of the United States, and regardless of whether any payments are made to Employee under this Agreement as a result of such termination, or (ii) the period for which any severance benefits are payable under Section 6 hereof, neither Employee nor any of his Affiliates, shall, directly or indirectly, for itself or himself or on behalf of any other corporation, person, firm, partnership, association, or any other entity (whether as an individual, agent, servant, employee, employer, officer, director, shareholder, investor, principal, consultant or in any other capacity):
Competition Following Employment. If this Agreement is terminated for any reason, then Employee agrees that for a period of one (1) year after such termination or cessation of his employment with Employer, neither Employee, nor any of his affiliates, shall, directly or indirectly, for itself or himself or on behalf of any other corporation, person, firm, partnership, association, or any other entity (whether as an individual, agent, servant, employee, employer, officer, director, shareholder, investor, principal, consultant or in any other capacity):
Competition Following Employment. In order to protect Employer against the unauthorized use or the disclosure of any Confidential Information of Employer and its affiliates presently known or hereinafter obtained by Employee during his employment under this Agreement, Employee agrees that for a period of twelve (12) months after the termination or cessation of his employment with Employer at any time and for any reason, and regardless of whether any payments are made to Employee under this Agreement as a result of such termination, neither Employee nor any of his affiliates, shall, directly or indirectly, for itself or himself or on behalf of any other corporation, person, firm, partnership, association, or any other entity (whether as an individual, agent, servant, employee, employer, officer, director, shareholder, investor, principal, consultant or in any other capacity):
Competition Following Employment. In order to protect the Company against the unauthorized use or the disclosure of any confidential information of the Company presently known or hereinafter obtained by Executive during his employment under this Agreement, Executive agrees that for a period of six (6) months following the termination of this Agreement for any reason, neither Executive nor any of his Affiliates, shall, directly or indirectly, for itself or himself or on behalf of any other corporation, person, firm, partnership, association, or any other entity (whether as an individual, agent, servant, employee, employer, officer, director, shareholder, investor, principal, consultant or in any other capacity):
Competition Following Employment. Optionee agrees that for a period of one-year after the termination or cessation of his employment for the Company for any reason whatsoever, neither he, nor any of his affiliates, will directly or indirectly: (1) compete with the Company or its affiliates in the Business, and that he will not act as an officer, director, Optionee, consultant, shareholder, lender, or agent of any entity which is engaged in the Business; provided, however, that this Section shall not prohibit Optionee or any of his affiliates from purchasing or holding an aggregate equity interest of up to 1% in any business in competition with the Business. Furthermore, Optionee will not combine or conspire with any other Optionees of the Company and its affiliates for the purpose of the organization of any such competitive business activity.
Competition Following Employment. Employee agrees that for a period of one (1) year after the termination or cessation of his employment for Employer under Section 7(a), (c), (d) or (f) of this Agreement, he will not, directly or indirectly: (i) compete with Employer or its affiliates by engaging in the Business as defined herein; (ii) act as an officer, director, employee, consultant, equity holder, lender, advisor or agent of any person or entity which is engaged in the Business; provided, however, that this Section 6(e) shall not prohibit Employee or any of his affiliates from purchasing or holding an aggregate equity interest of up to 1% in any publicly-traded company which is in competition with Employer.
Competition Following Employment. Employee agrees that for one (1) year following the termination of his employment by Employer or by Employee, he will not, for himself or on behalf of any corporation, person, firm, partnership, association, or any other entity, engage in or participate in any business which engaged in competition with the business conducted by Employer at the date Employee's employment terminates anywhere in Texas, Arkansas and Louisiana and use any Confidential Information to which he had enjoyed access while working for Employer; provided, however, this Section 7.2 shall not prohibit Employee or any of his affiliates from 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 engaged in the direct or indirect competition with Employer and its affiliates. Employee further agrees that for a period of one (1) year from the date of termination of employment, he will not, by influencing or attempting to influence previously existing customers, or otherwise either directly or indirectly, divert or attempt to divert from Employer, any business Employer has enjoyed or solicited, and in connection with which Employee worked during the last year of his employment.
