Common use of Direct and Indirect Competition Clause in Contracts

Direct and Indirect Competition. As used herein, the phrase "directly or indirectly compete" shall include owning, managing, operating or controlling, or participating in the ownership, management, operation or control of, or being connected with or having any interest in, as a stockholder, director, officer, employee, agent, consultant, assistant, advisor, sole proprietor, partner or otherwise, any Competing Business (as defined below). For purposes of this Agreement, a "Competing Business" shall be any business or enterprise other than the Consolidated Company that is engaged in the Centrifugal Jig Business or the Nanomaterials Business, both of which are defined below. This prohibition, however, shall not apply to ownership of less than five percent (5%) of the voting stock in companies whose stock is traded on a national securities exchange or in the over-the-counter market.

Direct and Indirect Competition. As used herein, the phrase "“directly or indirectly compete" ” shall include owning, managing, operating or controlling, or participating in the ownership, management, operation or control of, or being connected with or having any interest in, as a stockholder, director, officer, employee, agent, consultant, assistant, advisor, sole proprietor, partner or otherwise, any Competing Business business (as defined below). For purposes of this Agreement, a "Competing Business" shall be any business or enterprise other than the Consolidated Company that is Company's) (a) engaged in the Centrifugal Jig Business production, marketing, sale or distribution of ethanol, or (b) which is the Nanomaterials Businesssame as, both or similar to, or competitive with any business conducted by the Company or any of which are defined below. This prohibitionthe Company's subsidiaries; provided, however, that this prohibition shall not apply to ownership of less than five one percent (51%) of the voting stock in companies whose stock is traded on a national securities exchange or in the over-the-counter market.

Direct and Indirect Competition. As used herein, the phrase "directly or indirectly compete" shall include owning, managing, operating or controlling, or participating in the ownership, management, operation or control of, or being connected with or having any interest in, as a stockholder, director, officer, employee, agent, consultant, assistant, advisor, sole proprietor, partner or otherwise, any Competing Business business (as defined below). For purposes of this Agreement, a "Competing Business" shall be any business or enterprise other than the Consolidated Company that is Company's) (a) engaged in the Centrifugal Jig Business production, marketing, sale or distribution of ethanol, or (b) which is the Nanomaterials Businesssame as, both or similar to, or competitive with any business conducted by the Company or any of which are defined below. This prohibitionthe Company's subsidiaries; provided, however, that this prohibition shall not apply to ownership of less than five one percent (51%) of the voting stock in companies whose stock is traded on a national securities exchange or in the over-the-counter market.