Covenants Not to Compete or Interfere. (a) During his employment with the Company, and for the greater of the balance of the remaining term of his contract, or a one (1) year period following the termination of Executive’s employment, the Executive will not (i) directly or indirectly, own an interest in, operate, join, control, or participate in, or be connected as an officer, employee, agent, independent contractor, consultant, partner, shareholder, or principal of any corporation, partnership, proprietorship, firm, association, person, or other entity engaged in a business which sells, manufactures or produces the products sold, manufactured or produced by WHX and/or any of its subsidiaries (the “Products”) at the time of the termination of the Executive’s employment under this Agreement or which otherwise competes, directly or indirectly, with WHX or its subsidiaries (a “Competing Business”), or (ii) knowingly solicit or accept business for a Competing Business (x) from any customer of WHX, or its subsidiaries, (y) from any former customer of WHX, or its subsidiaries, who purchased any Products during the twelve months preceding the termination of the Executive’s employment under this Agreement, or (z) from any prospect of WHX or its subsidiaries, with whom the Executive met to solicit or with whom the Executive discussed the sale of any Products during the twelve months preceding the termination of the Executive’s employment under this Agreement. Executive acknowledges that WHX’s and/or its subsidiaries’ sales of the Products are national in scope. Notwithstanding the foregoing, the Executive may own up to 1% of the outstanding common stock of any class of common equity of a publicly traded entity provided the Executive’s role with the entity is passive in nature. (b) During his employment with the Company, and for a two year period following the termination of Executive’s employment, the Executive will not directly or indirectly, as a sole proprietor, member of a partnership or stockholder, investor, officer or director of a corporation, or as an employee, agent, associate or consultant of any person, firm or corporation, induce or solicit, or attempt to induce or solicit, any employee of WHX or its subsidiaries or affiliates to terminate his employment with WHX, or any of its subsidiaries, or in any way interfere with the relationship between WHX, or its subsidiaries or affiliates, and the employee will not solicit, hire, retain or enter into any business arrangements with, or enter into any discussion to do the same with, any person working for, or independent contractor of, WHX, or its subsidiaries or affiliates. (c) During his employment with the Company, and for a one year period following the termination of Executive’s employment, the Executive will not directly or indirectly hire, engage, send any work to, place orders with, or in any manner be associated with any supplier, contractor, subcontractor or other business relation of WHX or its subsidiaries or affiliates, if such action would have a reasonably foreseeable adverse effect on the business, assets or financial condition of WHX or its subsidiaries or affiliates or materially interfere with the relationship between any such person or entity and WHX or its subsidiaries or affiliates. (d) It is the desire and intent of the parties that the provisions of this Section 10 shall be enforced to the fullest extent permissible under the laws and public policies applied in each jurisdiction in which enforcement is sought. Accordingly, if any particular portion of this Section 10 shall be adjudicated to be invalid or unenforceable, then this Section 10 shall be deemed amended to delete therefrom the portion that is adjudicated to be invalid or unenforceable. The provisions of this Section 10 are intended to and shall survive the termination or expiration of this Agreement.
Appears in 1 contract
Samples: Employment Agreement (WHX Corp)
Covenants Not to Compete or Interfere. (a) During his her employment with each of the CompanyCompanies, and for the greater of the balance of the remaining term of his contract, or a one (1) year period following the termination of Executive’s 's employment, the Executive will not (i) directly or indirectly, own an interest in, operate, join, control, or participate in, or be connected as an officer, employee, agent, independent contractor, consultant, partner, shareholder, or principal of any corporation, partnership, proprietorship, firm, association, person, or other entity engaged in a business which sells, manufactures or produces the products sold, manufactured or produced by WHX each of the Companies and/or any of its their subsidiaries (the “"Products”") at the time of the termination of the Executive’s 's employment under this Agreement or which otherwise competes, directly or indirectly, with WHX each of the Companies or its their subsidiaries (a “"Competing Business”"), or (ii) knowingly solicit or accept business for a Competing Business (x) from any customer of WHXeach of the Companies, or its their subsidiaries, (y) from any former customer of WHXeach of the Companies, or its their subsidiaries, who purchased any Products during the twelve months preceding the termination of the Executive’s 's employment under this Agreement, or (z) from any prospect of WHX each of the Companies, or its their subsidiaries, with whom the Executive met to solicit or with whom the Executive discussed the sale of any Products during the twelve months preceding the termination of the Executive’s 's employment under this Agreement. Executive acknowledges that WHX’s and/or its subsidiaries’ each of the Companies' sales of the Products are is national in scope. Notwithstanding the foregoing, the Executive may own up to 1% of the outstanding common stock of any class of common equity of a publicly traded entity provided the Executive’s 's role with the entity is passive in nature.
(b) During his her employment with the Company, and for a two year period following the termination of Executive’s 's employment, the Executive will not directly or indirectly, as a sole proprietor, member of a partnership or stockholder, investor, officer or director of a corporation, or as an employee, agent, associate or consultant of any person, firm or corporation, induce or solicit, or attempt to induce or solicit, any employee of WHX either of the Companies or its subsidiaries or affiliates to terminate his or her employment with WHX, or any either of its subsidiaries, the Companies or in any way interfere with the relationship between WHXeither of the Companies, or its their subsidiaries or affiliates, and the employee employee, and will not solicit, hire, retain or enter into any business arrangements witharrangements, with or enter into any discussion to do the same withsame, with any person working for, or independent contractor of, WHXeither of the Companies, or its their subsidiaries or affiliates.
(c) During his her employment with each of the CompanyCompanies, and for a one year period following the termination of Executive’s 's employment, the Executive will not directly or indirectly hire, engage, send any work to, place orders with, or in any manner be associated with any supplier, contractor, subcontractor or other business relation of WHX each of the Companies, or its their subsidiaries or affiliates, if such action would have a reasonably foreseeable adverse effect on the business, assets or financial condition of WHX either of the Companies or its their subsidiaries or affiliates or materially interfere with the relationship between any such person or entity and WHX either of the Companies or its their subsidiaries or affiliates.
(d) It is the desire and intent of the parties that the provisions of this Section 10 shall be enforced to the fullest extent permissible under the laws and public policies applied in each jurisdiction in which enforcement is sought. Accordingly, if any particular portion of this Section 10 shall be adjudicated to be invalid or unenforceable, then this Section 10 shall be deemed amended to delete therefrom the portion that is adjudicated to be invalid or unenforceable. The provisions of this Section 10 are intended to and shall survive the termination or expiration of this Agreement.
Appears in 1 contract
Samples: Employment Agreement (WHX Corp)
Covenants Not to Compete or Interfere. (a) During his employment with each of the CompanyCompanies, and for the greater of the balance of the remaining term of his contract, or a one (1) year period following the termination of Executive’s 's employment, the Executive will not (i) directly or indirectly, own an interest in, operate, join, control, or participate in, or be connected as an officer, employee, agent, independent contractor, consultant, partner, shareholder, or principal of any corporation, partnership, proprietorship, firm, association, person, or other entity engaged in a business which sells, manufactures or produces the products sold, manufactured or produced by WHX each of the Companies and/or any of its their subsidiaries (the “"Products”") at the time of the termination of the Executive’s 's employment under this Agreement or which otherwise competes, directly or indirectly, with WHX each of the Companies or its their subsidiaries (a “"Competing Business”"), or (ii) knowingly solicit or accept business for a Competing Business (x) from any customer of WHXeach of the Companies, or its their subsidiaries, (y) from any former customer of WHXeach of the Companies, or its their subsidiaries, who purchased any Products during the twelve months preceding the termination of the Executive’s 's employment under this Agreement, or (z) from any prospect of WHX each of the Companies, or its their subsidiaries, with whom the Executive met to solicit or with whom the Executive discussed the sale of any Products during the twelve months preceding the termination of the Executive’s 's employment under this Agreement. Executive acknowledges that WHX’s and/or its subsidiaries’ each of the Companies' sales of the Products are is national in scope. Notwithstanding the foregoing, the Executive may own up to 1% of the outstanding common stock of any class of common equity of a publicly traded entity provided the Executive’s 's role with the entity is passive in nature.
(b) During his employment with the Company, and for a two year period following the termination of Executive’s 's employment, the Executive will not directly or indirectly, as a sole proprietor, member of a partnership or stockholder, investor, officer or director of a corporation, or as an employee, agent, associate or consultant of any person, firm or corporation, induce or solicit, or attempt to induce or solicit, any employee of WHX either of the Companies or its subsidiaries or affiliates to terminate his or his employment with WHX, or any either of its subsidiaries, the Companies or in any way interfere with the relationship between WHXeither of the Companies, or its their subsidiaries or affiliates, and the employee employee, and will not solicit, hire, retain or enter into any business arrangements witharrangements, with or enter into any discussion to do the same withsame, with any person working for, or independent contractor of, WHXeither of the Companies, or its their subsidiaries or affiliates.
(c) During his employment with each of the CompanyCompanies, and for a one year period following the termination of Executive’s 's employment, the Executive will not directly or indirectly hire, engage, send any work to, place orders with, or in any manner be associated with any supplier, contractor, subcontractor or other business relation of WHX each of the Companies, or its their subsidiaries or affiliates, if such action would have a reasonably foreseeable adverse effect on the business, assets or financial condition of WHX either of the Companies or its their subsidiaries or affiliates or materially interfere with the relationship between any such person or entity and WHX either of the Companies or its their subsidiaries or affiliates.
(d) It is the desire and intent of the parties that the provisions of this Section 10 shall be enforced to the fullest extent permissible under the laws and public policies applied in each jurisdiction in which enforcement is sought. Accordingly, if any particular portion of this Section 10 shall be adjudicated to be invalid or unenforceable, then this Section 10 shall be deemed amended to delete therefrom the portion that is adjudicated to be invalid or unenforceable. The provisions of this Section 10 are intended to and shall survive the termination or expiration of this Agreement.
Appears in 1 contract
Samples: Employment Agreement (Steel Partners Holdings L.P.)
Covenants Not to Compete or Interfere. (a) During his employment with each of the CompanyCompanies, and for the greater of the balance of the remaining term of his contract, or a one (1) year period following the termination of Executive’s 's employment, the Executive will not (i) directly or indirectly, own an interest in, operate, join, control, or participate in, or be connected as an officer, employee, agent, independent contractor, consultant, partner, shareholder, or principal of any corporation, partnership, proprietorship, firm, association, person, or other entity engaged in a business which sells, manufactures or produces the products sold, manufactured or produced by WHX each of the Companies and/or any of its their subsidiaries (the “"Products”") at the time of the termination of the Executive’s 's employment under this Agreement or which otherwise competes, directly or indirectly, with WHX each of the Companies or its their subsidiaries (a “"Competing Business”"), or (ii) knowingly solicit or accept business for a Competing Business (x) from any customer of WHXeach of the Companies, or its their subsidiaries, (y) from any former customer of WHXeach of the Companies, or its their subsidiaries, who purchased any Products during the twelve months preceding the termination of the Executive’s 's employment under this Agreement, or (z) from any prospect of WHX each of the Companies, or its their subsidiaries, with whom the Executive met to solicit or with whom the Executive discussed the sale of any Products during the twelve months preceding the termination of the Executive’s 's employment under this Agreement. Executive acknowledges that WHX’s and/or its subsidiaries’ each of the Companies' sales of the Products are is national in scope. Notwithstanding the foregoing, the Executive may own up to 1% of the outstanding common stock of any class of common equity of a publicly traded entity provided the Executive’s 's role with the entity is passive in nature.
(b) During his employment with the Company, and for a two year period following the termination of Executive’s 's employment, the Executive will not directly or indirectly, as a sole proprietor, member of a partnership or stockholder, investor, officer or director of a corporation, or as an employee, agent, associate or consultant of any person, firm or corporation, induce or solicit, or attempt to induce or solicit, any employee of WHX either of the Companies or its subsidiaries or affiliates to terminate his or his employment with WHX, or any either of its subsidiaries, the Companies or in any way interfere with the relationship between WHXeither of the Companies, or its their subsidiaries or affiliates, and the employee employee, and will not solicit, hire, retain or enter into any business arrangements witharrangements, with or enter into any discussion to do the same withsame, with any person working for, or independent contractor of, WHXeither of the Companies, or its their subsidiaries or affiliates.
(c) During his employment with each of the CompanyCompanies, and for a one year period following the termination of Executive’s 's employment, the Executive will not directly or indirectly hire, engage, send any work to, place orders with, or in any manner be associated with any supplier, contractor, subcontractor or other business relation of WHX each of the Companies, or its their subsidiaries or affiliates, if such action would have a reasonably foreseeable adverse effect on the business, assets or financial condition of WHX either of the Companies or its their subsidiaries or affiliates or materially interfere with the relationship between any such person or entity and WHX either of the Companies or its their subsidiaries or affiliates.
(d) It is the desire and intent of the parties that the provisions of this Section 10 shall be enforced to the fullest extent permissible under the laws and public policies applied in each jurisdiction in which enforcement is sought. Accordingly, if any particular portion of this Section 10 shall be adjudicated to be invalid or unenforceable, then this Section 10 shall be deemed amended to delete therefrom the portion that is adjudicated to be invalid or unenforceable. The provisions of this Section 10 are intended to and shall survive the termination or expiration of this Agreement.
Appears in 1 contract
Samples: Employment Agreement (WHX Corp)
Covenants Not to Compete or Interfere. (a) During his employment with the Company, and for the greater of the balance of the remaining term of his contract, or a one (1) year period following the termination of Executive’s employment, the Executive will not (i) directly or indirectly, own an interest in, operate, join, control, or participate in, or be connected as an officer, employee, agent, independent contractor, consultant, partner, shareholder, or principal of any corporation, partnership, proprietorship, firm, association, person, or other entity engaged in a business which sells, manufactures or produces the products sold, manufactured or produced by WHX and/or any of its subsidiaries (the “Products”) at the time of the termination of the Executive’s employment under this Agreement or which otherwise competes, directly or indirectly, with WHX or its subsidiaries (a “Competing Business”), or (ii) knowingly solicit or accept business for a Competing Business (x) from any customer of WHX, WHX or its subsidiaries, (y) from any former customer of WHX, WHX or its subsidiaries, who purchased any Products during the twelve months preceding the termination of the Executive’s employment under this Agreement, or (z) from any prospect of WHX or its subsidiaries, with whom the Executive met to solicit or with whom the Executive discussed the sale of any Products during the twelve months preceding the termination of the Executive’s employment under this Agreement. Executive acknowledges that WHX’s and/or its subsidiaries’ sales of the Products are national in scope. Notwithstanding the foregoing, the Executive may own up to 1% of the outstanding common stock of any class of common equity of a publicly traded entity provided the Executive’s role with the entity is passive in nature.
(b) During his employment with the Company, and for a two year period following the termination of Executive’s employment, the Executive will not directly or indirectly, as a sole proprietor, member of a partnership or stockholder, investor, officer or director of a corporation, or as an employee, agent, associate or consultant of any person, firm or corporation, induce or solicit, or attempt to induce or solicit, any employee of WHX or its subsidiaries or affiliates to terminate his employment with WHX, or any of its subsidiaries, or in any way interfere with the relationship between WHX, or its subsidiaries or affiliates, and the employee will not solicit, hire, retain or enter into any business arrangements with, or enter into any discussion to do the same with, any person working for, or independent contractor of, WHX, or its subsidiaries or affiliates.
(c) During his employment with the Company, and for a one year period following the termination of Executive’s employment, the Executive will not directly or indirectly hire, engage, send any work to, place orders with, or in any manner be associated with any supplier, contractor, subcontractor or other business relation of WHX or its subsidiaries or affiliates, if such action would have a reasonably foreseeable adverse effect on the business, assets or financial condition of WHX or its subsidiaries or affiliates or materially interfere with the relationship between any such person or entity and WHX or its subsidiaries or affiliates.
(d) It is the desire and intent of the parties that the provisions of this Section 10 shall be enforced to the fullest extent permissible under the laws and public policies applied in each jurisdiction in which enforcement is sought. Accordingly, if any particular portion of this Section 10 shall be adjudicated to be invalid or unenforceable, then this Section 10 shall be deemed amended to delete therefrom the portion that is adjudicated to be invalid or unenforceable. The provisions of this Section 10 are intended to and shall survive the termination or expiration of this Agreement.
Appears in 1 contract
Samples: Employment Agreement (WHX Corp)
