Definition of Competitor. The term “Competitor” as used in this Agreement means any individual or entity that is directly or indirectly engaged in the development and/or commercialization in the United States of one or more ex vivo cellular immunotherapies for the therapeutic treatment of cancer, which ex vivo cellular immunotherapies generate twenty percent (20%) or more of either the annual gross revenue or worldwide operating expense of such Competitor in the United States. The term “Competitor” also includes an individual or entity that is preparing to directly or indirectly engage in the development and/or commercialization in the United States of ex vivo cellular immunotherapies, if such ex vivo immunotherapies are anticipated to generate twenty (20%) or more of either the annual gross revenue or annual operating expense of such Competitor in the United States during the first calendar year of development and/or commercialization.
Definition of Competitor. For purposes of this Agreement, "competitor" shall mean any company engaged in or about to be engaged in the business of selling or marketing a product or service in the medical professional liability insurance business which is similar to any product or service sold or marketed or about to be sold or marketed by the Company or any affiliate and the successors thereof, respectively.
Definition of Competitor. As used in this Agreement, "Competitor" means any person, corporation, partnership, association, joint venture or other organization or entity that now or hereafter engages in or attempts to engage in any aspect of the Business in the states of Florida, Michigan, Illinois, Indiana and Ohio, or any aspect of the foodservice business in the Caribbean, Central America or South America (specifically excluding Mexico from this definition) (the "Territory").
Definition of Competitor. The term “Competitor” means any person or entity in competition with the Corporation or any Subsidiary, and more particularly those persons and entities (1) engaged in any business in which the Corporation and/or its Subsidiaries is engaged at the time the Grantee's continuous employment with the Corporation and/or its Subsidiaries ends, and (2) within the following geographical areas: (A) any country (other than the United States) where the Corporation and/or its Subsidiaries, has at least $25 million in capital deployed as of the termination of Grantee's employment; (B) the states of Florida, Indiana, Kentucky, North Carolina, Ohio, South Carolina and Tennessee, and (C) any other state in the United States where the Corporation, including its Subsidiaries, has at least $25 million in capital deployed as of the termination of Grantee's employment. The Corporation and Grantee intend the above restrictions on competition in geographical areas to be entirely severable and independent, and any invalidity or unenforceability of this provision with respect to any one or more of such restrictions, including geographical areas, shall not render this provision unenforceable as applied to any one or more of the other restrictions, including geographical areas.
Definition of Competitor. For purposes of this Agreement, the term “Competitor” shall mean any individual (including the Consultant) or entity that at any time is directly or indirectly (for example, through an affiliated or controlled individual or entity) engaged in or about to engage in (i) the manufacture, sale or servicing kiosks, digital signage point of sale equipment, cash handling equipment, and point of interaction equipment in any geographic locality that was served by the Group, or that the Group proposed to serve, at any time during the Term of Consultant’s engagement, including, without limitation, all of North, South and Central America or (ii) any other business that the Company engages in during the term of Consultant’s engagement.
Definition of Competitor. For purposes of this Agreement, “Competitor” shall mean any company engaged, directly or indirectly, in (i) developing, acquiring, managing, producing, marketing, providing or selling chemicals, including without limitation titanium ore or titanium dioxide, (ii) mining or beneficiating mineral sands or (iii) developing, acquiring, managing, producing, marketing, providing and selling any other products or services that are sold or performed by the Company or its Affiliates during the period of employment of the Executive by the Company.
Definition of Competitor. The term "COMPETITOR" as used in this Agreement means any individual or entity that is directly or indirectly engaged in the development and/or commercialization in the United States of one or more ex vivo cellular immunotherapies for the therapeutic treatment of cancer, which ex vivo cellular immunotherapies generate twenty percent (20%) or more of either the annual gross revenue or worldwide operating expense of such Competitor in the United States. The term "COMPETITOR" also includes an individual or entity that is preparing to directly or indirectly engage in the development and/or commercialization in the United States of ex vivo cellular immunotherapies, if such ex vivo immunotherapies are anticipated to generate twenty (20%) or more of either the annual gross revenue or annual operating expense of such Competitor in the United States during the first calendar year of development and/or commercialization.
Definition of Competitor. (a) For purposes of this Section 3, “Competitor” means, as of any date of determination, (1) any Person that (a) individually or together with any Affiliates of such Person, has revenues (including royalties) from the sale of basic or commercial wheat seed during the fiscal year immediately preceding such date of determination (i) totaling in excess of Five Million Dollars (US$5,000,000) or its equivalent for revenues in the United States, or (ii) totaling in excess of Ten Million Dollars (US$10,000,000) or its equivalent for revenues worldwide; or (b) is engaged in the sale of seed for field crops, and that, individually or together with any Affiliates of such Person, had seed revenues totaling in excess of Fifty Million Dollars (US$50,000,000) or its equivalent for revenues worldwide during the fiscal year immediately preceding such date of determination; or (c) is engaged in research and development with respect to field seed crops, and that, individually or together with any Affiliates of such Person, expended more than Fifty Million Dollars (US$50,000,000) or its equivalent on such research and development with respect to field seed crops during the fiscal year immediately preceding such date of determination; and (2) in each case of (a), (b), or (c), such Person is identified in Schedule 3.5. Schedule 3.5 may be amended in good faith at any time by VCO, subject to the written consent of the Company (which written consent shall not be unreasonably withheld or delayed) to add Persons meeting the foregoing criteria and to delete Persons no longer meeting said criteria, provided that VCO shall, upon request by the Company, provide relevant data to demonstrate that a Person proposed to be added to Schedule 3.5 (or to remain on Schedule 3.5) meets the foregoing criteria. Except as otherwise indicated, each Affiliate of a Person listed on Schedule 3.5 shall be deemed a Competitor for purposes hereof. Subject to Section 3.5(b), only Persons listed on Schedule 3.5, as amended, at the time of any necessary determination of whether such Person is a Competitor (or whether an Affiliate of such Person is a Competitor) shall be determined to be Competitors for purposes of this Agreement.
Definition of Competitor. For purposes of this Agreement, the term “Competitor” shall mean any business entity that is engaged in the same or similar business as the Company or which may propose to go into competition with the Company. The term shall include, without limitation: HubSpot, Marketo, Saxxxxxxxx.xxx, Act-On, Eloqua and Responsys (both part of Oracle), Constant Contact, iContact, MailChimp, Infusionsoft, J2 Global (Campaigner), and Feathr. This list of businesses is not intended to be an exclusive list. Nothing herein shall prohibit you from purchasing or owning less than five percent (5%) of the publicly traded securities of any corporation, provided that such ownership represents a passive investment and that you are not a controlling person of, or a member of a group that controls, such corporation.
Definition of Competitor. For purposes of this Section 9, a Competitor of the Company shall mean (i) any unit, division, line of business, parent, subsidiary or subsidiary of the parent of any of Alcon, Advanced Medical Optics, Inc., Allergan, Inc., Xxxxxxx & Xxxxxxx (provided that, with respect to Xxxxxxx & Xxxxxxx, this provision shall be limited to Xxxxxxx & Xxxxxxx businesses that are primarily engaged in the provision of ophthamological products, including, without limitation, the Vistakon Division), CIBA Vision, Xxxx Zeiss Meditec, Inc., STAAR Surgical Company, Xxxxxx Companies, Santen Pharmaceutical Co., Ltd., and ISTA Pharmaceuticals; or (ii) any individual or entity that within two years after your termination could reasonably be expected to generate more than $50 Million in annualized gross revenue from any activity that competes, or combination of activities that competes, with any business of the Company; provided, that a Competitor of the Company under this clause (ii) shall not include any individual or entity or portion of an entity where (A) Participant has actual supervisory duties and authority over one or more businesses and (B) less than 20% of the annualized gross revenue of such businesses over which Participant has actual supervisory duties and authority arise from any activity or combination of activities that competes with any business of the Company. Notwithstanding the foregoing, in the event any of the above-named entities in clause (i) of this Section 9(d) no longer engages in a line of business that competes with any business of the Company, such entity shall no longer be deemed a Competitor of the Company for purposes of this Section 9
