Limitation on Covenant. Ownership by Executive, as a passive investment, of less than five percent (5%) of the outstanding shares of capital stock of any corporation listed on a national securities exchange or publicly traded in the over-the-counter market shall not constitute a breach of this Section 10.
Appears in 6 contracts
Samples: Employment Agreement (Medtox Scientific Inc), Employment Agreement (Medtox Scientific Inc), Employment Agreement (Medtox Scientific Inc)
Limitation on Covenant. Ownership by ExecutiveEmployee, as a passive investment, of less than five percent (5%) of the outstanding shares of capital stock of any corporation listed on a national securities exchange or publicly traded in the over-the-counter market shall not constitute a breach of this Section 107.
Appears in 5 contracts
Samples: Employment Agreement (TransCore Atlantic, Inc.), Employment Agreement (TransCore Atlantic, Inc.), Employment Agreement (TransCore Atlantic, Inc.)
Limitation on Covenant. Ownership by the Executive, as a passive investment, of less than five one percent (51%) of the outstanding shares of capital stock of any corporation listed on a national securities exchange or publicly traded in the over-the-counter market shall not constitute a breach of this Section 10.Article V.
Appears in 4 contracts
Samples: Employment Agreement (Apogee Enterprises, Inc.), Employment Agreement (Apogee Enterprises, Inc.), Employment Agreement (Deluxe Corp)
Limitation on Covenant. Ownership by Executive, as a passive ---------------------- investment, of less than five one percent (51%) of the outstanding shares of capital stock of any corporation listed on a national securities exchange or publicly traded in the over-the-counter market shall not constitute a breach of this Section 107.
Appears in 4 contracts
Samples: Employment Agreement (Medi Ject Corp /Mn/), Employment Agreement (Medi Ject Corp /Mn/), Employment Agreement (Medi Ject Corp /Mn/)
Limitation on Covenant. Ownership by Executive, as a passive investment, of less than five percent (5%) 3.0% of the outstanding shares of capital stock of any corporation listed on a national securities exchange or publicly traded in the over-the-counter market national securities trading system shall not constitute a breach of this Section 107.
Appears in 4 contracts
Samples: Employment Agreement (Transport America, Inc.), Employment Agreement (Transport America, Inc.), Employment Agreement (Transport America, Inc.)
Limitation on Covenant. Ownership The ownership by Executive, as a passive investment, of less than five percent (5%) 3% of the outstanding shares of capital stock of any corporation listed on a national securities exchange or publicly traded in the over-the-counter market shall not constitute a breach of this Section 107.
Appears in 3 contracts
Samples: Employment Agreement (Applied Digital Solutions Inc), Employment Agreement (Digital Angel Corp), Employment Agreement (Digital Angel Corp)
Limitation on Covenant. Ownership by Executive, as a passive investment, of less than five three percent (5%) of the outstanding shares of capital stock of any corporation listed on a national securities exchange or publicly traded in the over-the-counter market shall not constitute a breach of this Section 105.1.
Appears in 2 contracts
Samples: Employment Agreement (Curative Health Services Inc), Employment Agreement (Curative Health Services Inc)
Limitation on Covenant. Ownership by Executive, as a passive investment, of less than five one percent (51%) of the outstanding shares of capital stock of any corporation listed on a national securities exchange or publicly traded in the over-the-counter market shall not constitute a breach of this Section 107.
Appears in 2 contracts
Samples: Employment Agreement (Medi Ject Corp /Mn/), Employment Agreement (Medi Ject Corp /Mn/)
Limitation on Covenant. Ownership by Executive, as a passive investment, of less than five percent (5%) of the outstanding shares of capital stock of any corporation listed on a national securities exchange or publicly traded in the an over-the-counter market or publicly traded in a national securities exchange shall not constitute a breach of this Section 10.
Appears in 2 contracts
Samples: Employment Agreement (Medtox Scientific Inc), Employment Agreement (Medtox Scientific Inc)
Limitation on Covenant. Ownership by Executive, as a passive investment, of less than five percent (5%) of the outstanding shares of capital stock of any corporation listed on a national securities exchange or publicly traded in the over-the-counter market shall not constitute a breach of this Section 1011.
Appears in 2 contracts
Samples: Employment Agreement (Medtox Scientific Inc), Employment Agreement (Medtox Scientific Inc)
Limitation on Covenant. Ownership by Executive, as a passive investment, of less than five three percent (53%) of the outstanding shares of capital stock of any corporation listed on a national securities exchange or publicly traded in the over-the-counter market shall not constitute a breach of this Section 10Article 6.
Appears in 2 contracts
Samples: Employment Agreement (Christopher & Banks Corp), Employment Agreement (Christopher & Banks Corp)
Limitation on Covenant. Ownership by ExecutiveEXECUTIVE, as a passive investment, of less than five one percent (51%) of the outstanding shares of capital stock of any corporation listed on a national securities exchange or publicly traded in the over-the-counter market shall not constitute a breach of this Section 107.
Appears in 1 contract
Samples: Executive Employment Agreement (Adc Telecommunications Inc)
Limitation on Covenant. Ownership by Executive, as a passive investment, of less than five percent (5%) of the outstanding shares of capital stock, outstanding debt instruments or other securities convertible into capital stock or debt instruments of any corporation listed on a national securities exchange or publicly traded in the on any nationally recognized over-the-counter market shall not constitute a breach of this Section 106.
Appears in 1 contract
Limitation on Covenant. Ownership by Executive, as a passive investment, of less than five one percent (51%) of the outstanding shares of capital stock, outstanding debt instruments or other securities convertible into capital stock or debt instruments of any corporation listed on a national securities exchange or publicly traded in the on any nationally recognized over-the-counter market shall not constitute a breach of this Section 107.
Appears in 1 contract
Samples: Employment Agreement (Next Inc/Tn)
Limitation on Covenant. Ownership by Executive, as a passive investment, of less than five two (2) percent (5%) of the outstanding shares of capital stock of any corporation listed on a national securities exchange or publicly traded in the over-the-counter market shall not constitute a breach of this Section 10.10.A.
Appears in 1 contract
Limitation on Covenant. Ownership by Executive, as a passive investment, of less than five two percent (52%) of the outstanding shares of capital stock of any corporation listed on a national securities exchange or publicly traded in the over-the-counter market shall not constitute a breach of this Section 10Article 7.
Appears in 1 contract
Limitation on Covenant. Ownership The ownership by Executive, as a passive investment, of less than five percent (5%) 3% of the outstanding shares of capital stock of any corporation listed on a national securities exchange or publicly traded in the over-βthe-βcounter market shall not constitute a breach of this Section 107.
Appears in 1 contract
Limitation on Covenant. Ownership by Executive, as a passive investment, of less than five two percent (52%) of the outstanding shares of the capital stock of any corporation listed on a national securities exchange or publicly traded in the over-the-counter market shall not constitute a breach of this Section 106.
Appears in 1 contract
Limitation on Covenant. Ownership by Executive, as a passive ---------------------- investment, of less than five percent (5%) of, an immaterial amount of the outstanding shares of capital stock of any corporation listed on a national securities exchange or publicly traded in the over-the-counter market shall not constitute a breach of this Section 10section 7.
Appears in 1 contract
Limitation on Covenant. Ownership by Executive, as a ---------------------- passive investment, of less than five percent (5%) an immaterial amount of the outstanding shares of capital stock of any corporation listed on a national securities exchange or publicly traded in the over-the-counter market shall not constitute a breach of this Section 10section 7.
Appears in 1 contract
Limitation on Covenant. Ownership by the Executive, as a passive investment, of less than five percent (5%) of the outstanding shares of capital stock of any corporation listed on a national securities exchange or publicly traded in the over-the-counter market shall not constitute a breach of this Section 107.
Appears in 1 contract
Samples: Resignation Agreement and General Release (Apogee Enterprises Inc)
Limitation on Covenant. Ownership by Executive, as a passive investment, of less than five one percent (51 %) of the outstanding shares of capital stock of any corporation listed on a national securities exchange or publicly traded in the over-the-counter market shall not constitute a breach of this Section 107.
Appears in 1 contract
Limitation on Covenant. Ownership by Executive, as a passive ---------------------- investment, of less than five one percent (51 %) of the outstanding shares of capital stock of any corporation listed on a national securities exchange or publicly traded in the over-the-counter market shall not constitute a breach of this Section 10.8
Appears in 1 contract
Limitation on Covenant. Ownership by Executive, as a passive investment, of less than five percent Five Percent (5%) of the outstanding shares of capital stock, outstanding debt instruments or other securities convertible into capital stock or debt instruments of any privately held corporation listed on a national securities exchange or publicly traded in the on any nationally recognized over-the-counter market shall not constitute a breach of this Section 106.
Appears in 1 contract
Samples: Employment Agreement (Motricity Inc)
Limitation on Covenant. Ownership by Executive, as a passive investment, of less than five percent (5%) of the outstanding shares of capital stock of any corporation listed on a national securities exchange or publicly traded in the over-the-counter market shall not constitute a breach of this Section 108.
Appears in 1 contract
Limitation on Covenant. Ownership by the Executive, as a passive investment, of less than five one percent (51%) of the outstanding shares of capital stock of any corporation listed on a national securities exchange or publicly traded in the over-the-counter market shall not constitute a breach of this Section 109.
Appears in 1 contract
Limitation on Covenant. Ownership Notwithstanding the foregoing Sections 6.01 and 6.04 hereof, ownership by Executive, as a passive investment, of less than five percent (5%) % of the outstanding shares of capital stock of any corporation listed on a national securities exchange or publicly traded in the on any nationally recognized over-the-counter market shall not constitute a breach of this Section 10Article 6.
Appears in 1 contract
