Common use of Conflict of Interest/Noncompetition Clause in Contracts

Conflict of Interest/Noncompetition. During Executive’s employment period with the Company and for twelve (12) months thereafter following any termination of employment, Executive shall not, directly or indirectly, alone or as a partner, officer, director, manager, employee or consultant or equityholder of any entity (a) provide any wealth management services, including personal financial planning or personal advisory services of the type provided or contemplated to be provided by the Company or its subsidiaries at the time of such termination to any individual or entity anywhere in the continental United States (a “Competitive Business”), (b) provide finder, broker or financial advisory services to any Competitive Business, or (c) interfere with any potential acquisition by the Company of any other business or discourage any party to any such potential acquisition from engaging in any such transaction. In addition, during Executive’s employment period with the Company and for twenty-four (24) months thereafter, Executive shall not, directly or indirectly, alone or as a partner, officer, director, manager, employee or individual consultant or equityholder of any entity (w) directly or indirectly hire, offer to hire, divert, entice away, solicit or in any other manner persuade, or attempt to do any of the foregoing (each, a “Solicitation”), any person or entity who is (or who was during the twelve (12)-month period immediately prior to such Solicitation) an officer, employee, agent or individual consultant of the Company, any of its subsidiaries or an acquisition prospect of the Company, to accept employment with, or otherwise work for, Executive or any third party, (x) engage in a Solicitation with respect to any person who was, at any time within six (6) months prior to the Solicitation, an officer, employee, agent or individual consultant of the Company or any of its subsidiaries, to accept employment with, or otherwise work for Executive or any other third party engaged in a Competitive Business, or (y) solicit or do business with any customer or client of the Company or any of its subsidiaries, or any potential acquisition target of the Company which Executive knew about at the time of termination of employment or any potential customer or client of the Company or any of its subsidiaries, or any potential acquisition target of the Company, with respect to which the Company or its subsidiaries undertook substantial actions: (i) in any manner which interferes with such person’s relationship or potential relationship with the Company or its subsidiaries, or any such potential acquisition target of the Company, as the case may be, or (ii) in an effort to obtain such person as a customer, client, supplier, consultant, salesman, agent or representative to any Competitive Business, or (z) work together in any business or enterprise involving wealth management services (other than the Company and its affiliates) with any other current or former senior executives of the Company. As used in this Section 8, the term “subsidiaries” refers to both direct and indirect subsidiaries of the Company.

Conflict of Interest/Noncompetition. During Executive’s employment period with the Company and for twelve (12) months thereafter following any termination of employment, Executive shall not, directly or indirectly, alone or as a partner, officer, director, manager, employee or consultant or equityholder of any entity (a) provide any wealth management services, including personal financial planning or personal advisory services of the type provided or contemplated to be provided by the Company or its subsidiaries at the time of such termination to any individual or entity anywhere in the continental United States (a “Competitive Business”), (b) provide finder, broker or financial advisory services to any Competitive Business, or (c) interfere with any potential acquisition by the Company of any other business or discourage any party to any such potential acquisition from engaging in any such transaction. In addition, during Executive’s employment period with the Company and for twenty-four one (241) months year thereafter, Executive shall not, directly or indirectly, alone or as a partner, officer, director, manager, employee or individual consultant or equityholder of any entity (w) directly or indirectly hire, offer to hire, divert, entice away, solicit or in any other manner persuade, or attempt to do any of the foregoing (each, a “Solicitation”), any person or entity who is (or who was during the twelve (12)-month period immediately prior to such Solicitation) an officer, employee, agent or individual consultant of the Company, any of its subsidiaries or an acquisition prospect of the Company, to accept employment with, or otherwise work for, Executive or any third party, (x) engage in a Solicitation with respect to any person who was, at any time within six (6) months prior to the Solicitation, an officer, employee, agent or individual consultant of the Company or any of its subsidiaries, to accept employment with, or otherwise work for Executive or any other third party engaged in a Competitive Business, or (y) solicit or do business with any customer or client of the Company or any of its subsidiaries, or any potential acquisition target of the Company which Executive knew about at the time of termination of employment or any potential customer or client of the Company or any of its subsidiaries, or any potential acquisition target of the Company, with respect to which the Company or its subsidiaries undertook substantial actions: (i) in any manner which interferes with such person’s relationship or potential relationship with the Company or its subsidiaries, or any such potential acquisition target of the Company, as the case may be, or (ii) in an effort to obtain such person as a customer, client, supplier, consultant, salesman, agent or representative to any Competitive Business, or (z) work together in any business or enterprise involving wealth management services (other than the Company and its affiliates) with any other current or former senior executives of the Company. As used in this Section 8, the term “subsidiaries” refers to both direct and indirect subsidiaries of the Company.

Conflict of Interest/Noncompetition. During Executive’s employment period with the Company and for twelve (12) months thereafter following any termination of employment, Executive shall not, directly or indirectly, alone or as a partner, officer, director, manager, employee or consultant or equityholder of any entity (a) provide any wealth management services, including personal financial planning or personal advisory services of the type provided or contemplated to be provided by the Company or its subsidiaries at the time of such termination to any individual or entity anywhere in the continental United States (a “Competitive Business”), (b) provide finder, broker or financial advisory services to any Competitive Business, or (c) interfere with any potential acquisition by the Company of any other business or discourage any party to any such potential acquisition from engaging in any such transaction. In addition, during Executive’s employment period with the Company and for twenty-four (24) months thereafter, Executive shall not, directly or indirectly, alone or as a partner, officer, director, manager, employee or individual consultant or equityholder of any entity (w) directly or indirectly hire, offer to hire, divert, entice away, solicit or in any other manner persuade, or attempt to do any of the foregoing (each, a “Solicitation”), any person or entity who is (or who was during the twelve (12)-month period immediately prior to such Solicitation) an officer, employee, agent or individual consultant of the Company, any of its subsidiaries or an acquisition prospect of the Company, to accept employment with, or otherwise work for, Executive or any third party, (x) engage in a Solicitation with respect to any person who was, at any time within six (6) months prior to the Solicitation, an officer, employee, agent or individual consultant of the Company or any of its subsidiaries, to accept employment with, or otherwise work for Executive or any other third party engaged in a Competitive Business, or (y) solicit or do business with any customer or client of the Company or any of its subsidiaries, or any potential acquisition target of the Company which Executive knew about at the time of termination of employment or any potential customer or client of the Company or any of its subsidiaries, subsidiaries or any potential acquisition target of the Company, with respect to which the Company or its subsidiaries undertook substantial actions: (i) in any manner which interferes with such person’s relationship or potential relationship with the Company or its subsidiaries, or any such potential acquisition target of the Company, as the case may be, or (ii) in an effort to obtain such person as a customer, client, supplier, consultant, salesman, agent or representative to any Competitive Business, or (z) work together in any business or enterprise involving wealth management services (other than the Company and its affiliates) with any other current or former senior executives of the Company. As used in this Section 8, the term “subsidiaries” refers to both direct and indirect subsidiaries of the Company.

Conflict of Interest/Noncompetition. During Executive’s employment period with the Company and for twelve (12) months thereafter following any termination of employment, Executive shall not, directly or indirectly, alone or as a partner, officer, director, manager, employee or consultant or equityholder of any entity (a) provide any wealth management services, including personal financial planning or personal advisory services of the type provided or contemplated to be provided by the Company or its subsidiaries at the time of such termination to any individual or entity anywhere in the continental United States (a “Competitive Business”), (b) provide finder, broker or financial advisory services to any Competitive Business, or (c) interfere with any potential acquisition by the Company of any other business or discourage any party to any such potential acquisition from engaging in any such transaction. In addition, during Executive’s employment period with the Company and for twenty-four one (241) months year thereafter, Executive shall not, directly or indirectly, alone or as a partner, officer, director, manager, employee or individual consultant or equityholder of any entity (w) directly or indirectly hire, offer to hire, divert, entice away, solicit or in any other manner persuade, or attempt to do any of the foregoing (each, a “Solicitation”), any person or entity who is (or who was during the twelve (12)-month period immediately prior to such Solicitation) an officer, employee, agent or individual consultant of the Company, any of its subsidiaries subsidiaries, or an acquisition prospect of the Company, to accept employment with, or otherwise work for, Executive or any third party, (x) engage in a Solicitation with respect to any person who was, at any time within six (6) months prior to the Solicitation, an officer, employee, agent or individual consultant of the Company or any of its subsidiaries, to accept employment with, or otherwise work for Executive or any other third party engaged in a Competitive Business, or (y) solicit or do business with any customer or client of the Company or any of its subsidiaries, or any potential acquisition target of the Company which Executive knew about at the time of termination of employment or any potential customer or client of the Company or any of its subsidiaries, subsidiaries or any potential acquisition target of the Company, Company with respect to which the Company or its subsidiaries undertook substantial actions: (i) in any manner which interferes with such person’s relationship or potential relationship with the Company or its subsidiaries, or any such potential acquisition target of the Company, as the case may be, or (ii) in an effort to obtain such person as a customer, client, supplier, consultant, salesman, agent or representative to any Competitive Business, or (z) work together in any business or enterprise involving wealth management services (other than the Company and its affiliates) with any other current or former senior executives of the Company. As used in this Section 8, the term “subsidiaries” refers to both direct and indirect subsidiaries of the Company.