Common use of Competition Following Employment Clause in Contracts

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): (i) engage or participate in any business which engages in competition with such businesses being conducted by Employer or any of its affiliates during the Term anywhere in the United States; provided, however, that this Section 5(e) shall not prohibit Employee or any of his affiliates from (i) serving as a director (or similar capacity) of any entity which is not in direct competition with Employer or its affiliates or (ii) purchasing or holding an aggregate equity interest of up to 5%, 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; (ii) induce or attempt to influence any employee of Employer or its affiliates to terminate his/her employment; or (iii) assist or finance any person or entity in any manner or in any way inconsistent with the intents and purposes of this Agreement. Notwithstanding the above, in the event this Agreement is terminated for any reason other than "just cause", Employee may terminate this Section 5 upon written notice to Employer, in which event Employer's obligation to pay any remaining post-termination compensation payable to Employee under the last paragraph of Section 6 below shall thereafter terminate.

Appears in 2 contracts

Samples: Employment Agreement (American Homestar Corp), Employment Agreement (American Homestar Corp)

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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): (i) engage or participate in any business which engages in competition with such businesses being conducted by Employer or any of its affiliates during the Term anywhere in the United States; provided, however, that this Section 5(e) shall not prohibit Employee or any of his affiliates from (i) serving as a director (or similar capacity) of any entity which is not in direct competition with Employer or its affiliates or (ii) purchasing or holding an aggregate equity interest of up to 5%, 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; (ii) induce or attempt to influence any employee of Employer or its affiliates to terminate his/her employment; or (iii) assist or finance any person or entity in any manner or in any way inconsistent with the intents and purposes of this Agreement. Notwithstanding the above, in the event this Agreement is terminated for any reason other than "just cause", ," Employee may terminate this Section 5 4.3 upon written notice to Employer, in which event Employer's obligation to pay any remaining post-termination compensation payable to Employee under the last paragraph of Section 6 6(d) below shall thereafter terminate.

Appears in 1 contract

Samples: Employment Agreement (American Homestar Corp)

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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): (i) engage or participate in any business which engages in competition with such businesses being conducted by Employer or any of its affiliates during the Term anywhere in the United States; provided, however, that this Section 5(e) shall not prohibit Employee or any of his affiliates from (i) serving as a director (or similar capacity) of any entity which is not in direct competition with Employer or its affiliates or (ii) purchasing or holding an aggregate equity interest of up to 5%, 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; (ii) induce or attempt to influence any employee of Employer or its affiliates to terminate his/her employment; or (iii) assist or finance any person or entity in any manner or in any way inconsistent with the intents and purposes of this Agreement. Notwithstanding the above, in the event this Agreement is terminated for any reason other than "just cause", Employee may terminate this Section 5 upon written notice to Employer, in which event Employer's obligation to pay any remaining post-termination compensation payable to Employee under the last paragraph of Section 6 below shall thereafter terminate.,

Appears in 1 contract

Samples: Employment Agreement (American Homestar Corp)

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