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Common use of Exclusion for Investments Clause in Contracts

Exclusion for Investments. None of the provisions of this Section 9 shall prohibit Executive from investing in securities (i) listed on a national securities exchange or actively traded over-the-counter so long as such investments are not greater than five percent (5%) of the outstanding securities of any issuer of the same class or issue, or (ii) of entities engaged in a business competitive with the Corporation so long as any such entity was not engaged in a business competitive with the Corporation at the time Executive made such investment.

Appears in 4 contracts

Samples: Employment Agreement (Genaissance Pharmaceuticals Inc), Employment Agreement (Genaissance Pharmaceuticals Inc), Employment Agreement (Genaissance Pharmaceuticals Inc)

Exclusion for Investments. None of the provisions of this Section 9 shall prohibit Executive from investing in securities (i) listed on a national securities exchange or actively traded over-the-counter so long as such investments are not greater than five percent (5%) of the outstanding securities of any issuer of the same class or issue, issue or (ii) of entities engaged in a business competitive with the Corporation so long as any such entity was not engaged in a business competitive with the Corporation at the time Executive made such investment.

Appears in 3 contracts

Samples: Employment Agreement (Fuelcell Energy Inc), Employment Agreement (Fuelcell Energy Inc), Employment Agreement (Genaissance Pharmaceuticals Inc)

Exclusion for Investments. None of the provisions of this Section 9 7 shall prohibit Executive from investing in securities (i) listed on a national securities exchange or actively traded over-the-counter so long as such investments are not greater than five percent (5%) of the outstanding securities of any issuer of the same class or issue, issue or (ii) of entities engaged in a business competitive with the Corporation so long as any such entity was not engaged in a business competitive with the Corporation at the time Executive made such investment.

Appears in 2 contracts

Samples: Employment Agreement (Hesperos, Inc), Employment Agreement (Fuelcell Energy Inc)

Exclusion for Investments. None of the provisions of this Section 9 shall prohibit Executive from investing in securities (i) listed on a national securities exchange or actively traded over-the-counter so long as such investments are not greater than five percent (5%) of the outstanding securities of any issuer of the same class or issue, or (ii) of entities engaged in a business competitive with the Corporation so long as any such entity was not engaged in a business competitive with the Corporation at the time Executive made such investment.

Appears in 1 contract

Samples: Employment Agreement (Genaissance Pharmaceuticals Inc)

Exclusion for Investments. None of the provisions of this Section 9 shall prohibit Executive from investing in securities (i) listed on a national securities exchange or actively traded over-the-counter so long as such investments are not greater than five percent (5%) of the outstanding securities of any issuer of the same class or issue, issue or (ii) of entities engaged in a business competitive with the Corporation so long as any such entity was not engaged in a business competitive with the Corporation at the time Executive made madc such investment.

Appears in 1 contract

Samples: Employment Agreement (Fuelcell Energy Inc)