General Non-Competition Provisions. During his employment with the Company and for three years after the Termination Date, Executive agrees not to directly or indirectly perform services of the type performed by Executive for the Company for any competitor of the Company and any affiliate of the Company with whom Executive worked and about whom Executive was given access to any confidential or competitively-valuable information, where the services Executive provides directly relate to or benefit any of the competitor's business activities within 100 miles of St. Louis, Missouri unless M&I has first consented in writing thereto. In addition, during his employment with the Company and for three years after the Termination Date, Executive agrees not to engage, directly or indirectly, in any business which is substantially similar to or competes with the business of the Company, either as a proprietor, partner, employee, agent, owner (or in the case of a publicly-traded company, a greater than five percent shareholder), partner, officer, director, independent contractor, or otherwise, within 100 miles of St. Louis, Missouri unless M&I has first consented in writing thereto.
General Non-Competition Provisions. For the Term, Executive agrees not to directly or indirectly perform services of the type performed by Executive for the Company for any Competitor of the Company where the services Executive provides directly relate to or benefit any of the Competitor’s business activities within 35 miles of any of the Company’s business locations unless M&I has first consented in writing thereto. In addition, for the Term, Executive agrees not to engage, directly or indirectly, in any business which is substantially similar to or competes with the business of the Company within 35 miles of any of the Company’s business locations, either as a proprietor, partner, employee, agent, owner (or in the case of a publicly-traded company, a greater than five percent shareholder), partner, officer, director, independent contractor, or otherwise, unless M&I has first consented in writing thereto. For purposes of this paragraph, “Competitor” shall mean an entity in the financial services business which is engaged in deposit taking, lending, or trust products or services.
General Non-Competition Provisions. During the one-year period after the termination of the Executive’s employment (such one-year period referred to hereafter as the “Restricted Period”), the Executive agrees not to provide Restricted Services that directly or indirectly benefit any Competitor’s business activities within a 30-mile radius of any of the Bank’s business locations where the Executive has an office. “Restricted Services” means services substantially similar to the type performed by the Executive for the Bank during the 24-month period preceding the end of the Executive’s employment with the Bank. A “Competitor” means an entity in the financial services business which is engaged in providing commercial banking or wealth management products or services. For all purposes of this Section 3, the “Company” means the Bank, Baylake Corp. and any subsidiaries of either the Bank or Baylake Corp.
General Non-Competition Provisions. During the Full-Time Employment Period, the Part-Time Employment Period, and until June 30, 2006, you agree not to directly or indirectly perform services substantially similar to the type performed by you for M&I for any Competitor of the Company where the services you provide benefit any of the Competitor's business activities (as long as such business activities are ones that M&I engages in) in (i) the State of Wisconsin, , (iii) within Phoenix, Arizona or a 75-mile radius of Phoenix, Arizona, (iv) within Tuscon, Arizona or a 40-mile radius of Tucson, Arizona, or (v) within Minneapolis, Minnesota or a 40-xxxx xxxxxx xx Xxxxxxxxxxx, Xxxxxxxxx. A "Competitor" means an entity in the financial services business which is engaged in deposit taking, lending, or trust products or services, in the same manner as M&I. Notwithstanding the foregoing, after December 31, 2005, you may violate the terms of this Paragraph 14(c) of this Letter Agreement in the states of Arizona and Minnesota, and if you do, then the Company shall, commencing on the date of your violation, be relieved of its obligations to continue paying you prospectively any remaining unpaid Salary and Incentive Continuation Payments referenced in Paragraph 3 of this Letter Agreement and your outstanding M&I stock options (including those transferred to family members) shall, without any action by M&I (other than providing you with written notice of the acceleration of your exercise period), remain exercisable only for the shorter of the remainder of their respective terms or the ninety (90) day period running from the date of your violation; however, your violation of the terms of Paragraph 14(c) with respect to the states of Arizona and Minnesota after December 31, 2005 shall have no other detrimental effect to you, and shall not otherwise reduce your entitlements under this Letter Agreement.
General Non-Competition Provisions. During your employment with M&I and for two (2) years after the Retirement Date, you agree not to directly or indirectly perform services of the type performed by you for M&I for any competitor of the Company where the services you provide directly relate to or benefit any of the competitor's business activities in the State of Wisconsin respecting deposit taking, lending, or trust products or services in the context of a financial services business.
