Common use of Covenant Not to Compete; Non-Interference Clause in Contracts

Covenant Not to Compete; Non-Interference. 6.2.1. The Executive covenants and undertakes that, during the period of three (3) years from the date hereof, and without regard to termination of the Term, he will not, without the prior written consent of the Company, directly or indirectly, and whether as principal, agent, officer, director, employee, consultant, or otherwise, alone or in association with any other person, firm, corporation, or other business organization, carry on, or be engaged, concerned, or take part in, or render services to, or own, share in the earnings of, or invest in the stock, bonds, or other securities of any person, firm, corporation, or other business organization (other than the Company or its affiliates, if any) engaged in a business in the Continental United States which is in competition with any of the businesses carried on by the Company or APH (a "Similar Business") except in the course of his employment hereunder; provided, however, that the Executive may invest in stock, bonds, or other securities of any Similar Business (but without otherwise participating in the activities of such Similar Business) if (i) such stock, bonds, or other securities are listed on any national or regional securities exchange or have been registered under Section 12(g) of the Securities Exchange Act of 1934; and (ii) his investment does not exceed, in the case of any class of the capital stock of any one issuer, 5% of the issued and outstanding shares, or in the case of bonds or other securities, 5% of the aggregate principal amount thereof issued and outstanding. The obligations of the Executive under this Section 6.2.1 shall terminate when the employment of the Executive terminates, unless such termination is pursuant to Section 5.2 hereof, in which event such obligation shall continue for the three (3) year period set forth above. 6.2.2. The Executive covenants and undertakes that during the Term and for a period of one (1) year thereafter he will not, whether for his own account or for the account of any other person, firm, corporation or other business organization, interfere with the Company's relationship with, or endeavor to entice away from the Company or APH, any person, firm, corporation or other business organization who or which at any time during the Term, was an employee, consultant, agent, supplier, or a customer of, or in the habit of dealing with, the Company or APH. Notwithstanding anything to the foregoing, the Executive shall have the right, as to him and the Company, to retain his accounts. 6.2.3. If any provision of this Article 6.2 is held by any court of competent jurisdiction to be unenforceable because of the scope, duration or area of applicability, such provision shall be deemed modified to the extent the court modifies the scope, duration or area of applicability of such provision to make it enforceable.

Covenant Not to Compete; Non-Interference. 6.2.1. 6.2.1 The Executive covenants and undertakes that, during the period of three his employment hereunder and for a period of two (32) years from the date hereof, and without regard to termination of the Termhereafter, he will not, without the prior written consent of the Company, directly or indirectly, and whether as principal, agent, officer, director, employee, consultant, or otherwise, alone or in association with any other person, firm, corporation, or other business organization, carry on, or be engaged, concerned, or take part in, or render services to, or own, share in the earnings of, or invest in the stock, bonds, or other securities of any person, firm, corporation, or other business organization (other than the Company or its affiliates, if any) engaged in a business in the Continental United States same geographic market in which the Company conducts business which is similar to or in competition with any of the businesses carried on by the Company or APH (a "Similar Business") except in the course of his employment hereunder; provided, however, that the Executive may invest in stock, bonds, or other securities of any Similar Business (but without otherwise participating in the activities of such Similar Business) if (i) such stock, bonds, or other securities are listed on any national or regional securities exchange or have been registered under Section 12(g) of the Securities Exchange Act of 1934; and (ii) his investment does not exceed, in the case of any class of the capital stock of any one issuer, 5% of the issued and outstanding shares, or in the case of bonds or other securities, 5% of the aggregate principal amount thereof issued and outstanding. The obligations of the Executive under this Section 6.2.1 shall terminate when the employment of the Executive terminates, unless such termination is pursuant to Section 5.2 hereof, in which event such obligation shall continue for the three (3) year period set forth above. 6.2.2. 6.2.2 The Executive covenants and undertakes that during the Term period of his employment hereunder and for a period of one two (12) year years thereafter he will not, whether for his own account or for the account of any other person, firm, corporation or other business organization, interfere with the Company's relationship with, or endeavor to entice away from the Company or APHCompany, any person, firm, corporation or other business organization who or which at any time during the Term, term of the Executive's employment with the Company was an employee, consultant, agent, supplier, or a customer of, or in the habit of dealing with, the Company or APH. Notwithstanding anything to the foregoing, the Executive shall have the right, as to him and the Company, to retain his accounts. 6.2.3. 6.2.3 If any provision of this Article 6.2 is held by any court of competent jurisdiction to be unenforceable because of the scope, duration or area of applicability, such provision shall be deemed modified to the extent the court modifies the scope, duration or area of applicability of such provision to make it enforceable.

Covenant Not to Compete; Non-Interference. 6.2.1. 6.2.1 The Executive covenants and undertakes that, during the period of three her employment hereunder and for a period of one (31) years from the date hereofyear thereafter, and without regard to termination of the Term, he she will not, without the prior written consent of the Company, directly or indirectly, and whether as principal, agent, officer, director, employee, consultant, or otherwise, alone or in association with any other person, firm, corporation, or other business organization, carry on, or be engaged, concerned, or take part in, or render services to, or own, share in the earnings of, or invest in the stock, bonds, or other securities of any person, firm, corporation, or other business organization (other than the Company or its affiliates, if any) engaged in a the business in of distributing, manufacturing or assembling embroidery equipment or software for the Continental United States which is in competition with any of the businesses carried on by the Company embroidery industry or APH providing retail embroidery services (a "Similar Business") except in the course of his her employment hereunder; provided, however, that the Executive may invest in stock, bonds, or other securities of any Similar Business (but without otherwise participating in the activities of such Similar Business) if (i) such stock, bonds, or other securities are listed on any national or regional securities exchange or have been registered under Section 12(g) of the Securities Exchange Act of 1934; and (ii) his her investment does not exceed, in the case of any class of the capital stock of any one issuer, 52% of the issued and outstanding shares, or in the case of bonds or other securities, 52% of the aggregate principal amount thereof issued and outstanding. The obligations of the Executive under this Section 6.2.1 shall terminate when the employment of the Executive terminates, unless such termination is pursuant to Section 5.2 hereof, in which event such obligation shall continue for the three (3) year period set forth above. 6.2.2. 6.2.2 The Executive covenants and undertakes that during the Term period of her employment hereunder and for a period of one (1) year thereafter he she will not, whether for his her own account or for the account of any other person, firm, corporation or other business organization, interfere with the Company's relationship with, or endeavor to entice away from the Company or APHCompany, any person, firm, corporation or other business organization who or which at any time during the Term, term of the Executive's employment with the Company was an employee, consultant, agent, supplier, supplier or a customer of, or in the habit of dealing with, the Company or APH. Notwithstanding anything to the foregoing, the Executive shall have the right, as to him and the Company, to retain his accounts. 6.2.3. 6.2.3 If any provision of this Article 6.2 is held by any court of competent jurisdiction to be unenforceable because of the scope, duration or area of applicability, such provision shall be deemed modified to the extent the court modifies the scope, duration or area of applicability of such provision to make it enforceable.

Covenant Not to Compete; Non-Interference. 6.2.1. 6.2.1 The Executive covenants and undertakes that, during the period of three his employment hereunder and for a period of two (32) years from the date hereof, and without regard to termination of the Termhereafter, he will not, without the prior written consent of the Company, directly or indirectly, and whether as principal, agent, officer, director, employee, consultant, or otherwise, alone or in association with any other person, firm, corporation, or other business organization, carry on, or be engaged, concerned, or take part in, or render services to, or own, share in the earnings of, or invest in the stock, bonds, or other securities of any person, firm, corporation, or other business organization (other than the Company or its affiliates, if any) engaged in a the business in of distributing, manufacturing or assembling embroidery equipment or software for the Continental United States which is in competition with any of the businesses carried on by the Company embroidery industry or APH providing retail embroidery services (a "Similar Business") except in the course of his employment hereunder; provided, however, that the Executive may invest in stock, bonds, or other securities of any Similar Business (but without otherwise participating in the activities of such Similar Business) if (i) such stock, bonds, or other securities are listed on any national or regional securities exchange or have been registered under Section 12(g) of the Securities Exchange Act of 1934; and (ii) his investment does not exceed, in the case of any class of the capital stock of any one issuer, 52% of the issued and outstanding shares, or in the case of bonds or other securities, 52% of the aggregate principal amount thereof issued and outstanding. The obligations of the Executive under this Section 6.2.1 shall terminate when the employment of the Executive terminates, unless such termination is pursuant to Section 5.2 hereof, in which event such obligation shall continue for the three (3) year period set forth above. 6.2.2. 6.2.2 The Executive covenants and undertakes that during the Term period of his employment hereunder and for a period of one (1) year thereafter he will not, whether for his own account or for the account of any other person, firm, corporation or other business organization, interfere with the Company's relationship with, or endeavor to entice away from the Company or APHCompany, any person, firm, corporation or other business organization who or which at any time during the Term, term of the Executive's employment with the Company was an employee, consultant, agent, supplier, supplier or a customer of, or in the habit of dealing with, the Company or APH. Notwithstanding anything to the foregoing, the Executive shall have the right, as to him and the Company, to retain his accounts. 6.2.3. 6.2.3 If any provision of this Article 6.2 is held by any court of competent jurisdiction to be unenforceable because of the scope, duration or area of applicability, such provision shall be deemed modified to the extent the court modifies the scope, duration or area of applicability of such provision to make it enforceable.

Covenant Not to Compete; Non-Interference. 6.2.1. 6.2.1 The Executive covenants and undertakes that, during the period of three (3) years from the date hereof, and without regard to termination of the Term, he will not, without the prior written consent of the Company, directly or indirectly, and whether as principal, agent, officer, director, employee, consultant, or otherwise, alone or in association with any other person, firm, corporation, or other business organization, carry on, or be engaged, concerned, or take part in, or render services to, or own, share in the earnings of, or invest in the stock, bonds, or other securities of any person, firm, corporation, or other business organization (other than the Company or its affiliates, if any) engaged in a business in the Continental United States which is in competition with any of the businesses carried on by the Company or APH (a "Similar Business") except in the course of his employment hereunder; provided, however, that the Executive may invest in stock, bonds, or other securities of any Similar Business (but without otherwise participating in the activities of such Similar Business) if (i) such stock, bonds, or other securities are listed on any national or regional securities exchange or have been registered under Section 12(g) of the Securities Exchange Act of 1934; and (ii) his investment does not exceed, in the case of any class of the capital stock of any one issuer, 5% of the issued and outstanding shares, or in the case of bonds or other securities, 5% of the aggregate principal amount thereof issued and outstanding. The obligations of the Executive under this Section 6.2.1 shall terminate when the employment of the Executive terminates, unless such termination is pursuant to Section 5.2 hereof, in which event such obligation shall continue for the three (3) year period set forth above. 6.2.2. 6.2.2 The Executive covenants and undertakes that during the Term and for a period of one (1) year thereafter he will not, whether for his own account or for the account of any other person, firm, corporation or other business organization, interfere with the Company's relationship with, or endeavor to entice away from the Company or APHsilverzipper, any person, firm, corporation or other business organization who or which at any time during the Term, was an employee, consultant, agent, supplier, or a customer of, or in the habit of dealing with, the Company or APH. Notwithstanding anything to the foregoing, the Executive shall have the right, as to him and the Company, to retain his accountssilverzipper. 6.2.3. 6.2.3 If any provision of this Article 6.2 is held by any court of competent jurisdiction to be unenforceable because of the scope, duration or area of applicability, such provision shall be deemed modified to the extent the court modifies the scope, duration or area of applicability of such provision to make it enforceable.

Covenant Not to Compete; Non-Interference. 6.2.1. 6.2.1 The Executive covenants and undertakes that, during the Term and for a period of three one (31) years from the date hereof, and without regard to termination of the Termyear thereafter, he will not, without the prior written consent of the Company, directly or indirectly, and whether as principal, agent, officer, director, employee, consultant, or otherwise, alone or in association with any other person, firm, corporation, or other business organization, carry on, or be engaged, concerned, or take part in, or render services to, or own, share in the earnings of, or invest in the stock, bonds, or other securities of any person, firm, corporation, or other business organization (other than the Company or its affiliates, if any) engaged in a business in the Continental United States which is in competition with any of the businesses carried on by the Company or APH (a "Similar Business") except in the course of his employment hereunder; provided, however, that the Executive may invest in stock, bonds, or other securities of any Similar Business (but without otherwise participating in the activities of such Similar Business) if (i) such stock, bonds, or other securities are listed on any national or regional securities exchange or have been registered under Section 12(g) of the Securities Exchange Act of 1934; and (ii) his investment does not exceed, in the case of any class of the capital stock of any one issuer, 5% of the issued and outstanding shares, or in the case of bonds or other securities, 5% of the aggregate principal amount thereof issued and outstanding. The obligations of the Executive under this Section 6.2.1 shall terminate when the employment of the Executive terminates, unless such termination is pursuant to Section 5.2 hereof, in which event such obligation shall continue for the three (3) year period set forth above. 6.2.2. 6.2.2 The Executive covenants and undertakes that during the Term and for a period of one (1) year thereafter he will not, whether for his own account or for the account of any other person, firm, corporation or other business organization, interfere with the Company's relationship with, or endeavor to entice away from the Company or APHCompany, any person, firm, corporation or other business organization who or which at any time during the Term, was an employee, consultant, agent, supplier, or a customer of, or in the habit of dealing with, the Company or APH. Notwithstanding anything to the foregoing, the Executive shall have the right, as to him and the Company, to retain his accounts. 6.2.3. 6.2.3 If any provision of this Article 6.2 is held by any court of competent jurisdiction to be unenforceable because of the scope, duration or area of applicability, such provision shall be deemed modified to the extent the court modifies the scope, duration or area of applicability of such provision to make it enforceable.

Covenant Not to Compete; Non-Interference. 6.2.1. 6.2.1 The Executive covenants and undertakes that, during the period of three (3) years from the date hereof, and without regard to termination of the Termexcept as provided in Section 9, he will not, without the prior written consent of the Company, directly or indirectly, and whether as principal, agent, officer, director, employee, consultant, or otherwise, alone or in association with any other person, firm, corporation, or other business organization, carry on, or be engaged, concerned, or take part in, or render services to, or own, share in the earnings of, or invest in the stock, bonds, or other securities of any person, firm, corporation, or other business organization (other than the Company or its affiliates, if any) engaged in a business in the Continental United States which is in competition with any of the businesses carried on by the Company or APH (a "Similar Business") except in the course of his employment hereunder; provided, however, that the Executive may invest in stock, bonds, or other securities of any Similar Business (but without otherwise participating in the activities of such Similar Business) if (i) such stock, bonds, or other securities are listed on any national or regional securities exchange or have been registered under Section 12(g) of the Securities Exchange Act of 1934; and (ii) his investment does not exceed, in the case of any class of the capital stock of any one issuer, 5% of the issued and outstanding shares, or in the case of bonds or other securities, 5% of the aggregate principal amount thereof issued and outstanding. The obligations of the Executive under this Section 6.2.1 shall terminate when the employment of the Executive terminates, unless such termination is pursuant to Section 5.2 hereof, in which event such obligation shall continue for the three (3) year period set forth above. 6.2.2. 6.2.2 The Executive covenants and undertakes that during the Term and for a period of one (1) year thereafter he will not, whether for his own account or for the account of any other person, firm, corporation or other business organization, interfere with the Company's relationship with, or endeavor to entice away from the Company or APHsilverzipper, any person, firm, corporation or other business organization who or which at any time during the Term, was an employee, consultant, agent, supplier, or a customer of, or in the habit of dealing with, the Company or APH. Notwithstanding anything to the foregoing, the Executive shall have the right, as to him and the Company, to retain his accountssilverzipper. 6.2.3. 6.2.3 If any provision of this Article 6.2 is held by any court of competent jurisdiction to be unenforceable because of the scope, duration or area of applicability, such provision shall be deemed modified to the extent the court modifies the scope, duration or area of applicability of such provision to make it enforceable.

Covenant Not to Compete; Non-Interference. 6.2.1. 6.2.1 The Executive covenants and undertakes that, during the period of three his employment hereunder and for a period of one (31) years from the date hereof, and without regard to termination of the Termyear hereafter, he will not, without the prior written consent of the Company, directly or indirectly, and whether as principal, agent, officer, director, employee, consultant, or otherwise, alone or in association with any other person, firm, corporation, or other business organization, carry on, or be engaged, concerned, or take part in, or render services to, or own, share in the earnings of, or invest in the stock, bonds, or other securities of any person, firm, corporation, or other business organization (other than the Company or its affiliates, if any) engaged in a business in the Continental United States which is in competition with any of the businesses carried on by the Company or APH (a "Similar Business") except in the course of his employment hereunder; provided, however, that the Executive may invest in stock, bonds, or other securities of any Similar Business (but without otherwise participating in the activities of such Similar Business) if (i) such stock, bonds, or other securities are listed on any national or regional securities exchange or have been registered under Section 12(g) of the Securities Exchange Act of 1934; and (ii) his investment does not exceed, in the case of any class of the capital stock of any one issuer, 5% of the issued and outstanding shares, or in the case of bonds or other securities, 5% of the aggregate principal amount thereof issued and outstanding. The obligations of the Executive under this Section 6.2.1 shall terminate when the employment of the Executive terminates, unless such termination is pursuant to Section 5.2 hereof, in which event such obligation shall continue for the three (3) year period set forth above. 6.2.2. 6.2.2 The Executive covenants and undertakes that during the Term period of his employment hereunder and for a period of one (1) year thereafter he will not, whether for his own account or for the account of any other person, firm, corporation or other business organization, interfere with the Company's relationship with, or endeavor to entice away from the Company or APHCompany, any person, firm, corporation or other business organization who or which at any time during the Term, term of the Executive's employment with the Company was an employee, consultant, agent, supplier, or a customer of, or in the habit of dealing with, the Company or APH. Notwithstanding anything to the foregoing, the Executive shall have the right, as to him and the Company, to retain his accounts. 6.2.3. 6.2.3 If any provision of this Article 6.2 is held by any court of competent jurisdiction to be unenforceable because of the scope, duration or area of applicability, such provision shall be deemed modified to the extent the court modifies the scope, duration or area of applicability of such provision to make it enforceable.