Competition with the Company. For purposes of this Agreement, (i) the words "Competition with the Company" shall be deemed to include competition with the Company or any entity controlling, controlled by or under common control with the Company (an "Affiliate"), or their respective successors or assigns, or the business of any of them, and (ii) a business or enterprise shall be deemed to be in Competition with the Company if it is engaged in any business activity which is the same or comparable to any business activity of the Company or any Affiliate from time to time during the Term of Employment in any geographic area (whether within or outside the United States) in which the Company or any Affiliate conducted such business. Notwithstanding the foregoing, nothing herein contained shall prevent Executive from purchasing and holding for investment less than 3% of the shares of any corporation the shares of which are regularly traded either on a national securities exchange or in the over-the-counter market.
Appears in 4 contracts
Samples: Executive Employment Agreement (Barry R G Corp /Oh/), Executive Employment Agreement (Barry R G Corp /Oh/), Executive Employment Agreement (Barry R G Corp /Oh/)
Competition with the Company. For purposes of this Agreement, (i) the words "Competition with the Company" shall be deemed to include competition with the Company or any entity controlling, controlled by or under common control with the Company (an "Affiliate"), or their respective successors or assigns, or the business of any of them, and (ii) a business or enterprise shall be deemed to be in Competition with the Company if it is engaged in any business activity which is the same or comparable to any business activity of the Company or any Affiliate from time to time during the Term of Employment in any geographic area (whether within or outside the United States) in which the Company or any Affiliate has conducted such business. Notwithstanding the foregoing, nothing herein contained shall prevent Executive from purchasing and holding for investment less than 3% of the shares of any corporation the shares of which are regularly traded either on a national securities exchange or in the over-the-counter market.
Appears in 1 contract
Samples: Executive Employment Agreement (Barry R G Corp /Oh/)
Competition with the Company. For purposes of this Agreement, (i) the words "“Competition with the Company" ” shall be deemed to include competition with the Company or any entity controlling, controlled by or under common control with the Company (an "“Affiliate"”), or their respective successors or assigns, or the business of any of them, and (ii) a business or enterprise shall be deemed to be in Competition with the Company if it is engaged in any business activity which is the same or comparable to any business activity of the Company or any Affiliate from time to time during the Term of Employment in any geographic area (whether within or outside the United States) in which the Company or any Affiliate conducted such business. Notwithstanding the foregoing, nothing herein contained shall prevent Executive from purchasing and holding for investment less than 3% of the shares of any corporation the shares of which are regularly traded either on a national securities exchange or in the over-the-counter market.
Appears in 1 contract
Samples: Executive Employment Agreement (Barry R G Corp /Oh/)