Common use of Non-Compete Agreement Clause in Contracts

Non-Compete Agreement. (a) During the period beginning on the Date of Termination and ending one (1) year thereafter, the Executive shall not, without prior written approval of the Board, become a partner, officer, director, stockholder, advisor, employee, consultant, agent, salesman or otherwise of any business enterprise in substantial direct competition (as defined in Section 5.1(b)) with the Company or any of its subsidiaries in the United States or in any other country in which Xxxxxxxx does business on the Date of Termination; provided that, if the Executive's employment is terminated for Good Reason, then the Executive will not be subject to the restrictions of this Section 5.1(a). This restriction will not limit the Executive's right to invest in five percent (5%) or less of the outstanding capital stock or other equity securities of any corporation, the stock or securities of which are publicly traded on a national stock exchange. (b) For purposes of Section 5.1, a business enterprise with which the Executive becomes associated shall be considered in substantial direct competition, if such entity competes with the Company or its subsidiaries in any business in which the Company or any of its subsidiaries is engaged and is within the Company's or the subsidiary's market area as of the Date Termination. (c) During the period beginning on the date the Employment Period terminates and ending one (1) year thereafter, the Executive shall not directly or indirectly solicit the employment of, recruit, employ, hire, cause to be employed or hired, entice away or establish a business relationship with, (i) any then current employee of the Company or any of its subsidiaries or (ii) any person who was employed by the Company or any of its subsidiaries during the six (6) months immediately prior to the date that the Executive first solicits such person.

Non-Compete Agreement. (a) During the period beginning on the Date of Termination and ending one (1) year thereafter, the Executive Employee shall not, without prior written approval of the Boardprincipal executive officer of the Company, become a partner, officer, director, stockholder, advisor, employee, consultant, agent, salesman or otherwise of any business enterprise in substantial direct competition (as defined in Section 5.1(b)) with the Company or any of its subsidiaries in the United States or in any other country in which Xxxxxxxx the Company does business on the Date of Termination; provided that, if the ExecutiveEmployee's employment is terminated for Good Reason, then the Executive Employee will not be subject to the restrictions of this Section 5.1(a). This restriction will not limit the ExecutiveEmployee's right to invest in five percent (5%) or less of the outstanding capital stock or other equity securities of any corporation, the stock or securities of which are publicly traded on a national stock exchange. (b) For purposes of Section 5.1, a business enterprise with which the Executive Employee becomes associated shall be considered in substantial direct competition, if such entity competes with the Company or its subsidiaries in any business in which the Company or any of its subsidiaries is engaged and is within the Company's or the subsidiary's market area as of the Date of Termination. (c) During the period beginning on the date the Employment Period terminates and ending one (1) year thereafter, the Executive Employee shall not directly or indirectly solicit the employment of, recruit, employ, hire, cause to be employed or hired, entice away or establish a business relationship with, (i) any then current employee of the Company or any of its subsidiaries or (ii) any person who was employed by the Company or any of its subsidiaries during the six (6) months immediately prior to the date that the Executive Employee first solicits such person.

Non-Compete Agreement. (a) During the period beginning on the Date of Termination and ending one (1) year thereafter, the Executive shall not, without prior written approval of the Board, become a partner, officer, director, stockholder, advisor, employee, consultant, agent, salesman or otherwise of any business enterprise in substantial direct competition (as defined in Section 5.1(b6.1(b)) with the Company or any of its subsidiaries in the United States or in any other country in which Xxxxxxxx the Company does business on the Date of Termination; provided that, if the Executive's employment is terminated for Good Reason, then the Executive will not be subject to the restrictions of this Section 5.1(a6.1(a). This restriction will not limit the Executive's right to invest in five percent (5%) or less of the outstanding capital stock or other equity securities of any corporation, the stock or securities of which are publicly traded on a national stock exchange. (b) For purposes of Section 5.16.1, a business enterprise with which the Executive becomes associated shall be considered in substantial direct competition, if such entity competes with the Company or its subsidiaries in any business in which the Company or any of its subsidiaries is engaged and is within the Company's or the subsidiary's market area as of the Date of Termination. (c) During the period beginning on the date the Employment Period terminates Date of Termination and ending one (1) year thereafter, the Executive shall not directly or indirectly solicit the employment of, recruit, employ, hire, cause to be employed or hired, entice away or establish a business relationship with, (i) any then current employee of the Company or any of its subsidiaries or (ii) any person who was employed by the Company or any of its subsidiaries during the six (6) months immediately prior to the date that the Executive first solicits such person.

Non-Compete Agreement. (a5.1(a) During the period beginning on the Date of Termination and ending one (1) year thereafter, the Executive Employee shall not, without prior written approval of the Boardprincipal executive officer of the Company, become a partner, officer, director, stockholder, advisor, employee, consultant, agent, salesman or otherwise of any business enterprise in substantial direct competition (as defined in Section 5.1(b)) with the Company or any of its subsidiaries in the United States or in any other country in which Xxxxxxxx the Company does business on the Date of Termination; provided that, if the Executive's Employee’s employment is terminated for Good Reason, then the Executive Employee will not be subject to the restrictions of this Section 5.1(a). This restriction will not limit the Executive's Employee’s right to invest in five percent (5%) or less of the outstanding capital stock or other equity securities of any corporation, the stock or securities of which are publicly traded on a national stock exchange. 5.1 (b) For purposes of Section 5.1, a business enterprise with which the Executive Employee becomes associated shall be considered in substantial direct competition, if such entity competes with the Company or its subsidiaries in any business in which the Company or any of its subsidiaries is engaged and is within the Company's or the subsidiary's ’s market area as of the Date of Termination. 5.1 (c) During the period beginning on the date the Employment Period terminates and ending one (1) year thereafter, the Executive Employee shall not directly or indirectly solicit the employment of, recruit, employ, hire, cause to be employed or hired, entice away or establish a business relationship with, (i) any then current employee of the Company or any of its subsidiaries or (ii) any person who was employed by the Company or any of its subsidiaries during the six (6) months immediately prior to the date that the Executive Employee first solicits such person.