Common use of No Competitive Business Clause in Contracts

No Competitive Business. As an inducement for Parent to ------------------------ enter into the Merger Agreement, to agree to the Offer and to consummate the transactions contemplated by the Merger Agreement, Shareholder agrees that, during the Term (the "Specified Period"), at any time or for any reason, Shareholder shall not, anywhere in the Restricted Area, directly or indirectly (a) engage, without the prior express written consent of Parent, in any business or activity, whether as an employee, consultant, partner, principal, agent, representative, stockholder (except as a holder of less than 5% of the combined voting power of the outstanding stock of a publicly held company) or in any other individual, corporate or representative capacity, or render any services or provide any advice to any business, activity, person or entity, if Shareholder knows or reasonably should know that such business, activity, service, person or entity, directly or indirectly, is similar to, or competes or is competitive in any material manner with, the Business as it is currently defined (the business of retail sales on or through the Internet), or (b) meaningfully assist, help or otherwise support, without the prior express written consent of Parent, any person, business, corporation, partnership or other entity or activity, whether as an employee, consultant, partner, principal, agent, representative, stockholder (except as a holder of less than 5% of the combined voting power of the outstanding stock of a publicly held company) or in any other individual, corporate or representative capacity, to create, commence or otherwise initiate, or to develop, enhance or otherwise further, any business or activity if Shareholder knows or reasonably should know that such business or activity, is similar to, or directly or indirectly competes or is competitive with, the Business.

No Competitive Business. As an inducement for Parent to ------------------------ ----------------------------- enter into the Merger Agreement, to agree to the Offer and to consummate the transactions contemplated by the Merger Agreement, Shareholder agrees that, during the Term (the "Specified Period"), at any time or for any reason, Shareholder shall not, anywhere in the Restricted Area, directly or indirectly (a) engage, without the prior express written consent of Parent, in any business or activity, whether as an employee, consultant, partner, principal, agent, representative, stockholder (except as a holder of less than 5% of the combined voting power of the outstanding stock of a publicly held company) or in any other individual, corporate or representative capacity, or render any services or provide any advice to any business, activity, person or entity, if Shareholder knows or reasonably should know that such business, activity, service, person or entity, directly or indirectly, is similar to, or competes or is competitive in any material manner with, the Business as it is currently defined (the business of retail sales on or through the Internet), or (b) meaningfully assist, help or otherwise support, without the prior express written consent of Parent, any person, business, corporation, partnership or other entity or activity, whether as an employee, consultant, partner, principal, agent, representative, stockholder (except as a holder of less than 5% of the combined voting power of the outstanding stock of a publicly held company) or in any other individual, corporate or representative capacity, to create, commence or otherwise initiate, or to develop, enhance or otherwise further, any business or activity if Shareholder knows or reasonably should know that such business or activity, is similar to, or directly or indirectly competes or is competitive with, the Business.

No Competitive Business. As an inducement for Parent to ------------------------ ----------------------- enter into the Merger Agreement, to agree to the Offer and to consummate the transactions contemplated by the Merger Agreement, Shareholder agrees that, during the Term (the "Specified Period"), at any time or for any reason, Shareholder shall not, anywhere in the Restricted Area, directly or indirectly (a) engage, without the prior express written consent of Parent, in any business or activity, whether as an employee, consultant, partner, principal, agent, representative, stockholder (except as a holder of less than 5% of the combined voting power of the outstanding stock of a publicly held company) or in any other individual, corporate or representative capacity, or render any services or provide any advice to any business, activity, person or entity, if Shareholder knows or reasonably should know that such business, activity, service, person or entity, directly or indirectly, is similar to, or competes or is competitive in any material manner with, the Business as it is currently defined (the business of retail sales on or through the Internet), or (b) meaningfully assist, help or otherwise support, without the prior express written consent of Parent, any person, business, corporation, partnership or other entity or activity, whether as an employee, consultant, partner, principal, agent, representative, stockholder (except as a holder of less than 5% of the combined voting power of the outstanding stock of a publicly held company) or in any other individual, corporate or representative capacity, to create, commence or otherwise initiate, or to develop, enhance or otherwise further, any business or activity if Shareholder knows or reasonably should know that such business or activity, is similar to, or directly or indirectly competes or is competitive with, the Business.