No Competing Employment. For so long as the Executive is employed by the Company, and (i) during a period of two years after his employment with the Company has been terminated by reason of termination without Cause or resignation for Good Reason in which the Applicable Multiple is two, or (ii) during a period of one year after his employment with the Company Group has been terminated in all other circumstances (such period of employment and applicable post-employment period hereinafter referred to as the “Restricted Period”), the Executive shall not, without the prior written consent of the Board, directly or indirectly, own an interest in, manage, operate, join, control, lend money or render financial or 11 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 Group by providing any goods or services provided or under development by the Company Group at the effective date of the Executive’s termination of employment (the “Business”); provided, however, that this Section 9(a) shall not proscribe the Executive’s ownership, either directly or indirectly, of less than one percent of any class of securities which are regularly traded on a national securities exchange or interdealer quotation system.
Appears in 3 contracts
Samples: Employment Agreement (Sba Communications Corp), Employment Agreement (Sba Communications Corp), Employment Agreement (Sba Communications Corp)
No Competing Employment. For so long as the Executive is employed by the CompanyCompany Group, and (i) during a period of two years after his employment with the Company Group has been terminated by reason of termination without Cause or resignation for Good Reason in which the Applicable Multiple is two, or (ii) during a period of one year after his employment with the Company Group has been terminated in all other circumstances (such period of employment and applicable post-employment period hereinafter referred to as the “Restricted Period”), the Executive shall not, without the prior written consent of the Board, directly or indirectly, own an interest in, manage, operate, join, control, lend money or render financial or 11 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 Group by providing any goods or services provided or under development by the Company Group at the effective date of the Executive’s termination of employment (the “Business”); provided, however, that this Section 9(a) shall not proscribe the Executive’s ownership, either directly or indirectly, of less than one percent of any class of securities which are regularly traded on a national securities exchange or interdealer quotation system.
Appears in 3 contracts
Samples: Employment Agreement (Sba Communications Corp), Employment Agreement (Sba Communications Corp), Employment Agreement (Sba Communications Corp)
No Competing Employment. For so long as the Executive is employed by the CompanyCompany Group, and (i) during a the two-year period following termination of two years after his employment with the Company has been terminated Group by reason of termination without Cause or resignation for Good Reason in which the Applicable Multiple is two, or (ii) during a the one-year period following termination of one year after his employment with the Company Group has been terminated in all other circumstances (such period of employment and applicable post-employment period hereinafter referred to as the “Restricted Period”), the Executive shall not, without the prior written consent of the Board, directly or indirectly, own an interest in, manage, operate, join, control, lend money or render financial or 11 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 Group by providing any goods or services provided or under development by the Company Group at the effective date of the Executive’s termination of employment (the “Business”); provided, however, that this Section 9(a) shall not proscribe the Executive’s ownership, either directly or indirectly, of less than one percent 1% of any class of securities which are regularly traded listed on a national securities exchange or interdealer quoted on the automated quotation system.system of the National Association of Securities Dealers, Inc.
Appears in 3 contracts
Samples: Employment Agreement (Sba Communications Corp), Employment Agreement (Sba Communications Corp), Employment Agreement (Sba Communications Corp)