Consideration For Promise To Refrain From Competing. Executive agrees that his services to the Company are special and unique; that the Company’s disclosure of confidential and proprietary information, trade secrets, and specialized training and knowledge to Executive and Executive’s level of compensation and benefits are in consideration of and conditioned upon Executive’s covenant not to compete with Company following his termination as provided for in this Section 5. Executive further acknowledges and agrees that the inclusion of this Section 5 in this Agreement is a condition to the closing of the Merger Agreement, to which this Agreement is ancillary, and that the benefits received by Executive pursuant to the Merger Agreement constitute additional, adequate consideration for Executive’s agreement to this Section 5. Executive acknowledges that this consideration is adequate for Executive’s promises contained within this Section 5 and gives rise to the Company’s interest in ensuring that he refrains from post-termination competition as provided for herein.
Appears in 5 contracts
Samples: Executive Employment Agreement (Staktek Holdings Inc), Executive Employment Agreement (Staktek Holdings Inc), Executive Employment Agreement (Staktek Holdings Inc)
Consideration For Promise To Refrain From Competing. Executive agrees that his her services to the Company are special and unique; that the Company’s disclosure of confidential and proprietary information, trade secrets, and specialized training and knowledge to Executive and Executive’s level of compensation and benefits are in consideration of and conditioned upon Executive’s covenant not to compete with Company following his her termination as provided for in this Section 5. Executive further acknowledges and agrees that the inclusion of this Section 5 in this Agreement is a condition to the closing of the Merger Agreement, to which this Agreement is ancillary, and that the benefits received by Executive pursuant to the Merger this Agreement constitute additional, adequate consideration for Executive’s agreement to this Section 5. Executive acknowledges that this consideration is adequate for Executive’s promises contained within this Section 5 and gives rise to the Company’s interest in ensuring that he she refrains from post-termination competition as provided for herein.
Appears in 4 contracts
Samples: Executive Employment Agreement (Staktek Holdings Inc), Executive Employment Agreement (Entorian Technologies Inc), Executive Employment Agreement (Entorian Technologies Inc)
Consideration For Promise To Refrain From Competing. Executive agrees that his services to the Company are special and unique; that the Company’s disclosure of confidential and proprietary information, trade secrets, and specialized training and knowledge to Executive and Executive’s level of compensation and benefits are in consideration of and conditioned upon Executive’s covenant not to compete with Company following his termination as provided for in this Section 5. Executive further acknowledges and agrees that the inclusion of this Section 5 in this Agreement is a condition to the closing of the Merger Agreement, to which this Agreement is ancillary, and that the benefits received by Executive pursuant to the Merger this Agreement constitute additional, adequate consideration for Executive’s agreement to this Section 5. Executive acknowledges that this consideration is adequate for Executive’s promises contained within this Section 5 and gives rise to the Company’s interest in ensuring that he refrains from post-termination competition as provided for herein.
Appears in 3 contracts
Samples: Executive Employment Agreement (Entorian Technologies Inc), Executive Employment Agreement (Staktek Holdings Inc), Executive Employment Agreement (Entorian Technologies Inc)
Consideration For Promise To Refrain From Competing. Executive agrees that his services to the Company are special and unique; that the Company’s 's disclosure of confidential and proprietary information, trade secrets, and specialized training and knowledge to Executive and Executive’s 's level of compensation compensation, Severance Benefits and other benefits are in consideration of and conditioned upon Executive’s 's covenant not to compete with Company following his termination as provided for in this Section 5. Executive further acknowledges and agrees that the inclusion of this Section 5 in this Agreement is a condition to the closing of the Merger Agreement, to which this Agreement is ancillary, and that the benefits received by Executive pursuant to the Merger this Agreement constitute additional, adequate consideration for Executive’s 's agreement to this Section 5. Executive acknowledges that this consideration is adequate for Executive’s 's promises contained within this Section 5 and gives rise to the Company’s 's interest in ensuring that he refrains from post-termination competition as provided for herein.
Appears in 2 contracts
Samples: Executive Employment Agreement (Staktek Holdings Inc), Executive Employment Agreement (Staktek Holdings Inc)
Consideration For Promise To Refrain From Competing. Executive agrees that his services to the Company are special and unique; that the Company’s disclosure of confidential and proprietary information, trade secrets, and specialized training and knowledge to Executive and Executive’s level of compensation compensation, Severance Benefits and other benefits are in consideration of and conditioned upon Executive’s covenant not to compete with Company following his termination as provided for in this Section 5. Executive further acknowledges and agrees that the inclusion of this Section 5 in this Agreement is a condition to the closing of the Merger Agreement, to which this Agreement is ancillary, and that the benefits received by Executive pursuant to the Merger this Agreement constitute additional, adequate consideration for Executive’s agreement to this Section 5. Executive acknowledges that this consideration is adequate for Executive’s promises contained within this Section 5 and gives rise to the Company’s interest in ensuring that he refrains from post-termination competition as provided for herein.
Appears in 2 contracts
Samples: Executive Employment Agreement (Entorian Technologies Inc), Executive Employment Agreement (Entorian Technologies Inc)
Consideration For Promise To Refrain From Competing. Executive agrees that his services to the Company are special and unique; that the Company’s 's disclosure of confidential and proprietary information, trade secrets, and specialized training and knowledge to Executive and Executive’s 's level of compensation and benefits are in consideration of and conditioned upon Executive’s 's covenant not to compete with Company following his termination as provided for in this Section 5. Executive further acknowledges and agrees that the inclusion of this Section 5 in this Agreement is a condition to the closing of the Merger Agreement, to which this Agreement is ancillary, and that the benefits received by Executive pursuant to the Merger this Agreement constitute additional, adequate consideration for Executive’s 's agreement to this Section 5. Executive acknowledges that this consideration is adequate for Executive’s 's promises contained within this Section 5 and gives rise to the Company’s 's interest in ensuring that he refrains from post-termination competition as provided for herein.
Appears in 1 contract
Samples: Executive Employment Agreement (Staktek Holdings Inc)
Consideration For Promise To Refrain From Competing. Executive agrees that his her services to the Company are special and unique; that the Company’s 's disclosure of confidential and proprietary information, trade secrets, and specialized training and knowledge to Executive and Executive’s 's level of compensation and benefits are in consideration of and conditioned upon Executive’s 's covenant not to compete with Company following his her termination as provided for in this Section 5. Executive further acknowledges and agrees that the inclusion of this Section 5 in this Agreement is a condition to the closing of the Merger Agreement, to which this Agreement is ancillary, and that the benefits received by Executive pursuant to the Merger this Agreement constitute additional, adequate consideration for Executive’s 's agreement to this Section 5. Executive acknowledges that this consideration is adequate for Executive’s 's promises contained within this Section 5 and gives rise to the Company’s 's interest in ensuring that he she refrains from post-termination competition as provided for herein.
Appears in 1 contract
Samples: Executive Employment Agreement (Staktek Holdings Inc)