No Competing Employment. Executive hereby acknowledges that in the course of Executive's employment with the Company, Executive has become familiar, and will become familiar, with the trade secrets of the Company Group and with other confidential information concerning the Company Group, and that Executive's services have been and will be of special, unique and extraordinary value to the Company Group. Therefore, Executive hereby agrees that for the duration of the Restricted Period, Executive shall not, unless Executive receives the prior written consent of the Board of Directors of the Company (the "BOARD"), directly or indirectly, knowingly own an interest in, manage, operate, join, control, lend money or render financial or other assistance to or participate in or be connected with, as an officer, employee, partner, stockholder, consultant or otherwise, any individual, partnership, firm, corporation or other business organization or entity that competes with the business of the Company as such businesses exist or are in the process of being formed or acquired as of the Termination Date, within any geographical area in which the Company is engaged, services customers, or was actively planning to engage during the Term or as of the Termination Date; provided, however, that this Section 5.02 shall not proscribe Executive's ownership, either directly or indirectly, of less than one percent of any class of securities which are listed on a national securities exchange or quoted on the automated quotation system of the National Association of Securities Dealers, Inc.
Appears in 5 contracts
Samples: Employment Agreement (Mpower Holding Corp), Employment Agreement (Mpower Holding Corp), Employment Agreement (Mpower Holding Corp)
No Competing Employment. Executive hereby acknowledges that in the course of Executive's ’s employment with the Company, Executive has become familiar, and will become familiar, with the trade secrets of the Company Group and with other confidential information concerning the Company Group, and that Executive's ’s services have been and will be of special, unique and extraordinary value to the Company Group. Therefore, Executive hereby agrees that for the duration of the Restricted Period, Executive shall not, unless Executive receives the prior written consent of the Board of Directors of the Company (the "BOARD"“Board”), directly or indirectly, knowingly own an interest in, manage, operate, join, control, lend money or render financial or other assistance to or participate in or be connected with, as an officer, employee, partner, stockholder, consultant or otherwise, any individual, partnership, firm, corporation or other business organization or entity that competes with the business of the Company as such businesses exist or are in the process of being formed or acquired as of the Termination Date, within any geographical area in which the Company is engaged, services customers, or was actively planning to engage during the Term or as of the Termination Date; provided, however, that this Section 5.02 shall not proscribe Executive's ’s ownership, either directly or indirectly, of less than one percent of any class of securities which are listed on a national securities exchange or quoted on the automated quotation system of the National Association of Securities Dealers, Inc.
Appears in 2 contracts
Samples: Employment Agreement (Mpower Holding Corp), Employment Agreement (Mpower Holding Corp)
No Competing Employment. Prior to the Termination Date, Executive hereby acknowledges that in the course of Executive's employment with the Company, Executive has become familiar, and will become familiar, with the trade secrets of the Company Group and with other confidential information concerning the Company Group, and that Executive's services have been and will be of special, unique and extraordinary value to the Company GroupCompany. Therefore, Executive hereby agrees that for until the duration of the Restricted PeriodTermination Date, Executive shall not, unless Executive receives the prior written consent of the Board of Directors of the Company (the "BOARD"), directly or indirectly, knowingly own an interest in, manage, operate, join, control, lend money or render financial or other assistance to or participate in or be connected withconnected, as an officer, employee, partner, stockholder, consultant or otherwise, any individual, partnership, firm, corporation or other business organization or entity that competes with the business of the Company as such businesses exist or are in the process of being formed or acquired as of the Termination Date, within any geographical area in which the Company is engaged, services customers, or was actively planning to engage during the Term or as of the Termination Date; providedPROVIDED, howeverHOWEVER, that this Section 5.02 shall not proscribe Executive's ownership, either directly or indirectly, of less than one percent of any class of securities which are listed on a national securities exchange or quoted on the automated quotation system of the National Association of Securities Dealers, Inc.Inc. For purposes of this Agreement, an individual or entity shall be deemed to compete with the Company if, at the time the Executive provides services to such individual or entity, said individual or entity offers for sale any of the services or products (i) then being offered for sale by the Company, or (ii) which the Company has then existing plans to offer within the next six months. A competing entity shall include, but not be limited to, RBOCs, ILECs and CLECs.
Appears in 1 contract
Samples: Retirement and Employment Agreement (Mpower Communications Corp)
No Competing Employment. Executive You hereby acknowledges acknowledge that in the course of Executive's your employment with the Company, Executive has you have become familiar, and will become familiar, with the trade secrets of the Company Group and with other confidential information concerning the Company Group, and that Executive's your services have been and will be of special, unique and extraordinary value to the Company Group. Therefore, Executive you hereby agrees agree that for the duration of the Restricted PeriodPeriod (as defined below), Executive you shall not, unless Executive receives you receive the prior written consent of the Board of Directors of the Company (the "BOARD"), directly or indirectly, knowingly own an interest in, manage, operate, join, control, lend money or render financial or other assistance to or participate in or be connected with, as an officer, employee, partner, stockholder, consultant or otherwise, any individual, partnership, firm, corporation or other business organization or entity that competes with the business of the Company as such businesses exist or are in the process of being formed or acquired as of the Termination Date, within any geographical area in which the Company is engaged, services customers, or was actively planning to engage during the Term or as of the Termination Date; provided, however, that this Section 5.02 paragraph shall not proscribe Executive's your ownership, either directly or indirectly, of less than one percent of any class of securities which are listed on a national securities exchange or quoted on the automated quotation system of the National Association of Securities Dealers, Inc.
Appears in 1 contract