Common use of Non-Compete and Non-Solicit Clause in Contracts

Non-Compete and Non-Solicit. (a) The Employee acknowledges that, in the course of the Employee’s employment with the Company, the Employee has become familiar, or will become familiar, with Otelco and its Affiliates (including the Company Entities) trade secrets and with other confidential information concerning Otelco and its Affiliates (including the Company Entities) and that his services have been and will be of special, unique and extraordinary value to Otelco and its Affiliates (including the Company Entities). Therefore, the Employee agrees that, during the Employment Period and for six (6) months thereafter (the “Restricted Period”), the Employee shall not directly or indirectly (i) engage, within the Restricted Territory, in any telephone or communications business, including, but not limited to, incumbent local exchange carrier, long distance telephone business, cable television, Internet access, or other business that Otelco or any of its Affiliates (including the Company Entities) is engaged in during the Employee’s employment by the Company (the “Company Business”), (ii) compete or participate as agent, employee, consultant, advisor, representative or otherwise in any enterprise engaged in a business which has any operations engaged in the Company Business within the Restricted Territory or (iii) compete or participate as a stockholder, partner, member or joint venturer, or have any direct or indirect financial interest, in any enterprise which has any material operations engaged in the Company Business within the Restricted Territory; provided, however, that nothing contained herein will prohibit the Employee from (A) owning, operating or managing any business, or acting upon any business opportunity, after obtaining approval of a majority of the Board or (B) owning no more than five percent (5%) of the equity of any publicly traded entity with respect to which the Employee does not serve as an officer, director, employee, consultant or in any other capacity other than as an investor. The term “Restricted Territory” means all states within the United States in which Otelco or any of its Affiliates (including the Company Entities) conducts or is pursuing or analyzing plans to conduct Company Business as of the Termination Date.

Non-Compete and Non-Solicit. (a) The Employee acknowledges that, in the course of the Employee’s his employment with the Company, the Employee he has become familiar, or will become familiar, with Otelco the Company’s and its Affiliates (including the Company Entities) Affiliates’ trade secrets and with other confidential information concerning Otelco the Company and its Affiliates (including the Company Entities) and that his services have been and will be of special, unique and extraordinary value to Otelco the Company and its Affiliates (including the Company Entities)Affiliates. Therefore, the Employee agrees that, during the Employment Period and for six (6) 6 months thereafter (the “Restricted Period”), the Employee he shall not directly or indirectly (i) engage, within the Restricted Territory, in any telephone or communications business, including, but not limited to, incumbent local exchange carrier, long distance telephone business, cable television, Internet access, or other business that Otelco the Company’ or any of its Affiliates (including the Company Entities) Affiliates’ is engaged in during the Employee’s employment by the Company (the “Company Business”), (ii) compete or participate as agent, employee, consultant, advisor, representative or otherwise in any enterprise engaged in a business which has any operations engaged in the Company Business within the Restricted Territory Territory; or (iii) compete or participate as a stockholder, partner, member or joint venturer, or have any direct or indirect financial interest, in any enterprise which has any material operations engaged in the Company Business within the Restricted Territory; provided, however, that nothing contained herein will prohibit the Employee from (A) owning, operating or managing any business, or acting upon any business opportunity, after obtaining approval of a majority of the Board Board; or (B) owning no more than five percent (5%) of the equity of any publicly traded entity with respect to which the Employee does not serve as an officer, director, employee, consultant or in any other capacity other than as an investor. The term “"Restricted Territory” " means all states within the United States in which Otelco the Company or any of its Affiliates (including the Company Entities) conducts or is pursuing or analyzing plans to conduct Company Business as of the Termination Date.

Non-Compete and Non-Solicit. (a) The Employee acknowledges that, in the course of the Employee’s employment with the Company, the Employee has become familiar, or will become familiar, with Otelco Seller and its Affiliates (including will be permitted to conduct the Company Entities) trade secrets and with other confidential information concerning Otelco and Retained Business without limitation, except as otherwise set forth in this Section 6.8. Neither Seller nor any of its Affiliates (including will, for a period commencing on the Company Entities) Closing Date and that his services have been and will be of special, unique and extraordinary value to Otelco and its Affiliates (including the Company Entities). Therefore, the Employee agrees that, during the Employment Period and for six (6) months thereafter ending *** (the “Restricted Period”), the Employee shall not directly or indirectly indirectly, individually, in partnership, jointly or in collaboration with any Person: (i) engageopen, within own, acquire or operate (A) a radiopharmacy business in the Restricted TerritoryTerritory that prepares, sells or distributes (1) individual, patient-ready unit doses (including bulk unit doses and iodine-based products) of SPECT-based radiopharmaceuticals to healthcare providers that administer those unit doses to patients, or (2) subject to the exception in Section 6.8(a)(V) below, the specific third party SPECT-based cold kits set forth in Schedule 1.1(a), or (B) a business in the Territory that manufactures, or has manufactured by third parties, FDG or that prepares, sells or distributes FDG (the businesses described in clauses (A) and (B), a “Competing Business”) , (ii) teach, instruct or assist any Person to open, acquire, establish, operate, develop, reorganize or re-establish a Competing Business, (iii) have an equity or profit interest in any telephone Person that materially engages in any Competing Business (in each case, other than up to a one percent interest in a publicly traded company engaging in a Competing Business), (iv) lend money to any Person that materially engages in any Competing Business, or (v) participate in, be awarded Contracts pursuant to, or communications businessotherwise perform Contracts awarded pursuant to, includingany customer supply contract tender process that, throughout the duration of that tender process, only seeks bids for unit doses (including bulk unit doses and iodine-based products) of SPECT-based radiopharmaceuticals or FDG. For the avoidance of doubt, nothing in this Agreement prohibits or restricts Seller or its Affiliates from: (I) offering to sell, selling or distributing to any Person (including any Person conducting a Competing Business, but not limited toexcluding any Buyer Customer solely to the extent provided in clause (b) below) any bulk Products (as defined in the Supply Agreement) or any other competing, incumbent local exchange carrierbulk SPECT-based radiopharmaceuticals manufactured, long distance telephone business, cable television, Internet access, sold or other business that Otelco distributed by or for Seller or any of its Affiliates (including the Company Entities) is engaged in during the Employee’s employment by the Company (the collectively, “Company BusinessBulk SPECT Products”); (II) teaching, instructing or assisting any Person (iiincluding any Buyer Customer or any Person conducting a Competing Business) compete in actually preparing or participate as agent, employee, consultant, advisor, representative administering unit doses from Bulk SPECT Products or otherwise in from any enterprise engaged in a business which has any operations engaged in the Company Business within the Restricted Territory or PET-based radiopharmaceuticals (iii) compete or participate as a stockholder, partner, member or joint venturer, or have any direct or indirect financial interest, in any enterprise which has any material operations engaged in the Company Business within the Restricted Territory; provided, however, that nothing contained herein will prohibit the Employee from (A) owning, operating or managing any business, or acting upon any business opportunity, after obtaining approval of a majority of the Board or (B) owning no more than five percent (5%) of the equity of any publicly traded entity with respect to which the Employee does not serve as an officer, director, employee, consultant or in any other capacity other than as an investor. The term “Restricted Territory” means all states within the United States in which Otelco FDG) or non-radiopharmaceutical products manufactured, sold or distributed by or for Seller or any of its Affiliates (with respect to Bulk SPECT Products, in accordance with the package inserts included with such products, but only to the extent arising out of specific customer inquiries relating to actually preparing or administering unit doses of such products, and excluding teaching, instructing or assisting any Person in conducting or operating a Competing Business generally); (III) manufacturing or having manufactured by any Person (including any Buyer Customer or Person conducting a Competing Business) any PET-based radiopharmaceuticals (other than FDG) or non-radiopharmaceutical products; (IV) offering to sell, selling or distributing to any Person (including any Buyer Customer or Person conducting a Competing Business) any PET-based radiopharmaceuticals (other than FDG) or non-radiopharmaceutical products manufactured, sold or distributed by or for Seller or any of its Affiliates; or (V) offering to sell, selling or distributing the specific third party SPECT-based cold kits set forth in Schedule 1.1(a) to (1) Bulk SPECT Product customers in accordance with its obligations under any of its customer contracts that existed as of the Closing Date in accordance with their respective terms and conditions (including the Company Entitiespricing and pricing adjustment provisions, volume and volume adjustment provisions, contract term and renewal options in favor of the customer, in the case of each of the provisions described in this parenthetical, as those provisions exist as of the Closing Date) conducts for the term of those contracts (including any renewal terms exercised by the applicable customers, in each case, pursuant to the renewal provisions existing as of the Closing Date), or (2) any other Persons that are not Buyer Customers. (b) During the period commencing on the Closing Date and ending on *** (the “Non-Solicitation Period”), Seller and its Affiliates will not actively solicit any SPECT unit dose (including bulk unit dose) customers of the Radiopharmacy Business or of the Buyer’s radiopharmacy business, in each case, in the Territory as of the Closing Date (collectively, “Buyer Customers”) to purchase from Seller or any of its Affiliates any Bulk SPECT Products or FDG; provided, however, that: (A) Seller and its Affiliates will be permitted to sell and distribute any Bulk SPECT Products to (i) Buyer Customers that initiate discussions with Seller without Seller’s active solicitation, (ii) Buyer Customers that are also Bulk SPECT Product customers of Seller only for purposes of supplying Bulk SPECT Products for weekend or overnight use at current levels; provided, however, Seller and its Affiliates may sell additional volumes requested by such Buyer Customers without Seller’s active solicitation and (iii) any other Person that is pursuing not a Buyer Customer, including any Person conducting a Competing Business (and Seller may actively solicit such Persons); (B) Seller agrees that it shall give reasonably prompt written notice to Buyer (to the extent it is not restricted under applicable Laws or analyzing plans obligations of confidentiality) if any of the following events occur from time to conduct Company time: (i) any Person solicits help from Seller to, or expressly indicates its intent to Seller to, engage in a Competing Business or (ii) if any Buyer Customer increases its volumes of purchases of Bulk SPECT Products from the Retained Business by more than $*** in any calendar quarter; and (C) for clarity, responding to, participating in, being awarded one or more Contracts pursuant to, and otherwise performing Contracts awarded pursuant to, any customer supply contract tender process that seeks bids for bulk radiopharmaceuticals (including Generators, as defined in the Supply Agreement) does not constitute active solicitation for purposes of this Section 6.8. However, during the Non-Solicitation Period, Seller and its Affiliates shall not ***. (c) During the Non-Solicitation Period, neither Buyer nor any of its Affiliates will sell any Bulk SPECT Products manufactured, sold or distributed by or for any Person to any customers of the Seller’s Retained Business as of the Termination Closing Date. (d) The Parties agree that the foregoing restrictive covenants are an integral part of this Agreement and those covenants are granted to maintain or preserve the fair market value of the Purchased Assets acquired by Buyer under this Agreement, on the one hand, and the Retained Business of Seller, on the other hand. The Parties further acknowledge and confirm that no amount of the Purchase Price is received or receivable by any Party for granting any of its covenants contained in this Agreement.

Non-Compete and Non-Solicit. (a) The Employee acknowledges that, in the course of the Employee’s employment with the Company, the Employee has become familiar, or will become familiar, with Otelco Otelco’s and its Affiliates (including the Company Entities) Affiliates’ trade secrets and with other confidential information Confidential Information concerning Otelco and its Affiliates (including the Company Entities) and that his services have been and will be of special, unique and extraordinary value to Otelco and its Affiliates (including the Company Entities)Affiliates. Therefore, the Employee agrees that, during the Employment Period and for six (6) 12 months thereafter (the “Restricted Period”), the Employee shall not directly or indirectly (i) engage, within the Restricted Territory, in any telephone or communications business, including, but not limited to, incumbent local exchange carrier, competitive local exchange carrier, broadband, long distance telephone business, cable television, Internet access, wireless or other business that Otelco or any of its Affiliates (including the Company Entities) is engaged in during the Employee’s employment by the Company (the “Company Business”), (ii) compete or participate as agent, employee, consultant, advisor, representative or otherwise in any enterprise engaged in a business which has any operations engaged in the Company Business within the Restricted Territory or (iii) compete or participate as a stockholder, partner, member or joint venturer, or have any direct or indirect financial interest, in any enterprise which has any material operations engaged in the Company Business within the Restricted Territory; provided, however, that nothing contained herein will prohibit the Employee from (A) owning, operating or managing any business, or acting upon any business opportunity, after obtaining approval of a majority of the Board or (B) owning no more than five percent (5%) of the equity of any publicly traded entity with respect to which the Employee does not serve as an officer, director, employee, consultant or in any other capacity other than as an investor. The term “Restricted Territory” means all states within the United States in which Otelco or any of its Affiliates (including the Company Entities) conducts or is pursuing or analyzing plans to conduct Company Business as of the Termination Date.

Non-Compete and Non-Solicit. (a) The Employee acknowledges that, in the course of the Employee’s employment with the Company, the Employee has become familiar, or will become familiar, with Otelco Otelco’s and its Affiliates Affiliates’ (including the Company Entities’) trade secrets and with other confidential information Confidential Information concerning Otelco and its Affiliates (including the Company Entities) and that his services have been and will be of special, unique and extraordinary value to Otelco and its Affiliates (including the Company Entities). Therefore, the Employee agrees that, during the Employment Period and for six (6) months thereafter (the “Restricted Period”), the Employee shall not directly or indirectly (i) engage, within the Restricted Territory, in any telephone or communications business, including, but not limited to, incumbent local exchange carrier, long distance telephone business, cable television, Internet access, or other business that Otelco or any of its Affiliates (including the Company Entities) is engaged in during the Employee’s employment by the Company (the “Company Business”), (ii) compete or participate as agent, employee, consultant, advisor, representative or otherwise in any enterprise engaged in a business which has any operations engaged in the Company Business within the Restricted Territory or (iii) compete or participate as a stockholder, partner, member or joint venturer, or have any direct or indirect financial interest, in any enterprise which has any material operations engaged in the Company Business within the Restricted Territory; provided, however, that nothing contained herein will prohibit the Employee from (A) owning, operating or managing any business, or acting upon any business opportunity, after obtaining approval of a majority of the Board or (B) owning no more than five percent (5%) of the equity of any publicly traded entity with respect to which the Employee does not serve as an officer, director, employee, consultant or in any other capacity other than as an investor. The term “Restricted Territory” means all states within the United States in which Otelco or any of its Affiliates (including the Company Entities) conducts or is pursuing or analyzing plans to conduct Company Business as of the Termination Date.

Non-Compete and Non-Solicit. (a) The Employee Executive acknowledges that, in the course of the Employee’s his employment with the CompanyCompany Entities, the Employee he has become familiar, or will become familiar, with Otelco and its Affiliates (including the Company Entities) ’ and their Affiliates’ trade secrets and with other confidential information concerning Otelco and its Affiliates (including the Company Entities) Entities and their Affiliates and that his services have been and will be of special, unique and extraordinary value to Otelco and its Affiliates (including the Company Entities)Entities and their Affiliates. Therefore, the Employee Executive agrees that, during the Employment Period and for six (6) months 1 year thereafter (the “Restricted Period”), the Employee he shall not directly or indirectly (i) engage, within the Restricted Territory, in any telephone or communications business, including, but not limited to, incumbent local exchange carrier, long distance telephone business, cable television, Internet access, or other business that Otelco the Company or any of its Affiliates (including the Company Entities) is engaged in during the EmployeeExecutive’s employment by the Company (the “Company Business”), (ii) compete or participate as agent, employee, consultant, advisor, representative or otherwise in any enterprise engaged in a business which has any operations engaged in the Company Business within the Restricted Territory Territory, or (iii) compete or participate as a stockholder, partner, member or joint venturer, or have any direct or indirect financial interest, in any enterprise which has any material operations engaged in the Company Business within the Restricted Territory; provided, however, that nothing contained herein will prohibit the Employee Executive from (A) owning, operating or managing any business, or acting upon any business opportunity, after obtaining approval of a majority of the Board Board; or (B) owning no more than five percent (5%) of the equity of any publicly traded entity with respect to which the Employee Executive does not serve as an officer, director, employee, consultant or in any other capacity other than as an investor. The term “Restricted Territory” means all states within the United States in which Otelco the Company or any of its Affiliates (including the Company Entities) conducts or is pursuing or analyzing plans to conduct Company Business as of the Termination Date.

Non-Compete and Non-Solicit. (a) The Employee acknowledges that, in the course of the Employee’s employment with the Company, the Employee has become familiar, or will become familiar, with Otelco and its Affiliates (including the Company Entities) trade secrets and with other confidential information Confidential Information concerning Otelco and its Affiliates (including the Company Entities) and that his services have been and will be of special, unique and extraordinary value to Otelco and its Affiliates (including the Company Entities). Therefore, the Employee agrees that, during the Employment Period and for six (6) months thereafter (the “Restricted Period”), the Employee shall not directly or indirectly (i) engage, within the Restricted Territory, in any telephone or communications business, including, but not limited to, incumbent local exchange carrier, long distance telephone business, cable television, Internet access, or other business that Otelco or any of its Affiliates (including the Company Entities) is engaged in during the Employee’s employment by the Company (the “Company Business”), (ii) compete or participate as agent, employee, consultant, advisor, representative or otherwise in any enterprise engaged in a business which has any operations engaged in the Company Business within the Restricted Territory or (iii) compete or participate as a stockholder, partner, member or joint venturer, or have any direct or indirect financial interest, in any enterprise which has any material operations engaged in the Company Business within the Restricted Territory; provided, however, that nothing contained herein will prohibit the Employee from (A) owning, operating or managing any business, or acting upon any business opportunity, after obtaining approval of a majority of the Board or (B) owning no more than five percent (5%) of the equity of any publicly traded entity with respect to which the Employee does not serve as an officer, director, employee, consultant or in any other capacity other than as an investor. The term “Restricted Territory” means all states within the United States in which Otelco or any of its Affiliates (including the Company Entities) conducts or is pursuing or analyzing plans to conduct Company Business as of the Termination Date.

Non-Compete and Non-Solicit. (a) The Employee Executive acknowledges that, in the course of the Employee’s his employment with the CompanyCompany Entities, the Employee he has become familiar, or will become familiar, with Otelco and its Affiliates (including the Company Entities) ’ and their Affiliates’ trade secrets and with other confidential information concerning Otelco and its Affiliates (including the Company Entities) Entities and their Affiliates and that his services have been and will be of special, unique and extraordinary value to Otelco and its Affiliates (including the Company Entities)Entities and their Affiliates. Therefore, the Employee Executive agrees that, during the Employment Period and for six (6) months 1 year thereafter (the “Restricted Period”), the Employee he shall not directly or indirectly (i) engage, within the Restricted Territory, in any telephone or communications business, including, but not limited to, incumbent local exchange carrier, long distance telephone business, cable television, Internet access, or other business that Otelco the Company’ or any of its Affiliates (including the Company Entities) Affiliates’ is engaged in during the EmployeeExecutive’s employment by the Company (the “Company Business”), (ii) compete or participate as agent, employee, consultant, advisor, representative or otherwise in any enterprise engaged in a business which has any operations engaged in the Company Business within the Restricted Territory Territory; or (iii) compete or participate as a stockholder, partner, member or joint venturer, or have any direct or indirect financial interest, in any enterprise which has any material operations engaged in the Company Business within the Restricted Territory; provided, however, that nothing contained herein will prohibit the Employee Executive from (A) owning, operating or managing any business, or acting upon any business opportunity, after obtaining approval of a majority of the Board Board; or (B) owning no more than five percent (5%) of the equity of any publicly traded entity with respect to which the Employee Executive does not serve as an officer, director, employee, consultant or in any other capacity other than as an investor. The term “Restricted Territory” means all states within the United States in which Otelco the Company or any of its Affiliates (including the Company Entities) conducts or is pursuing or analyzing plans to conduct Company Business as of the Termination Date.

Non-Compete and Non-Solicit. (a) The Employee acknowledges that, in the course of the Employee’s his employment with the CompanyCompany Entities, the Employee he has become familiar, or will become familiar, with Otelco Otelco’s and its Affiliates (including Affiliates’(including the Company Entities) trade secrets and with other confidential information concerning Otelco and its Affiliates (including the Company Entities) and that his services have been and will be of special, unique and extraordinary value to Otelco and its Affiliates (including the Company Entities). Therefore, the Employee agrees that, during the Employment Period and for six (6) 6 months thereafter (the “Restricted Period”), the Employee he shall not directly or indirectly (i) engage, within the Restricted Territory, in any telephone or communications business, including, but not limited to, incumbent local exchange carrier, competitive local exchange carrier, long distance telephone business, cable television, Internet access, or other business that Otelco or any of its Affiliates (including the Company Entities) is engaged in during the Employee’s employment by the Company (the “Company Business”), (ii) compete or participate as agent, employee, consultant, advisor, representative or otherwise in any enterprise engaged in a business which has any operations engaged in the Company Business within the Restricted Territory Territory; or (iii) compete or participate as a stockholder, partner, member or joint venturer, or have any direct or indirect financial interest, in any enterprise which has any material operations engaged in the Company Business within the Restricted Territory; provided, however, that nothing contained herein will prohibit the Employee from (A) owning, operating or managing any business, or acting upon any business opportunity, after obtaining approval of a majority of the Board Board; or (B) owning no more than five percent (5%) of the equity of any publicly traded entity with respect to which the Employee does not serve as an officer, director, employee, consultant or in any other capacity other than as an investor. The term “"Restricted Territory” " means all states within the United States in which Otelco or any of its Affiliates (including the Company Entities) conducts or is pursuing or analyzing plans to conduct Company Business as of the Termination Date.

Non-Compete and Non-Solicit. (a) The Employee acknowledges that, in the course of the Employee’s his employment with the CompanyCompany Entities, the Employee he has become familiar, or will become familiar, with Otelco and its Affiliates (including the Company Entities) ’ and their Affiliates’ trade secrets and with other confidential information concerning Otelco and its Affiliates (including the Company Entities) Entities and their Affiliates and that his services have been and will be of special, unique and extraordinary value to Otelco and its Affiliates (including the Company Entities)Entities and their Affiliates. Therefore, the Employee agrees that, during the Employment Period and for six (6) 6 months thereafter (the “Restricted Period”), the Employee he shall not directly or indirectly (i) engage, within the Restricted Territory, in any telephone or communications business, including, but not limited to, incumbent local exchange carrier, long distance telephone business, cable television, Internet access, or other business that Otelco the Company’ or any of its Affiliates (including the Company Entities) Affiliates’ is engaged in during the Employee’s employment by the Company (the “Company Business”), (ii) compete or participate as agent, employee, consultant, advisor, representative or otherwise in any enterprise engaged in a business which has any operations engaged in the Company Business within the Restricted Territory Territory; or (iii) compete or participate as a stockholder, partner, member or joint venturer, or have any direct or indirect financial interest, in any enterprise which has any material operations engaged in the Company Business within the Restricted Territory; provided, however, that nothing contained herein will prohibit the Employee from (A) owning, operating or managing any business, or acting upon any business opportunity, after obtaining approval of a majority of the Board Board; or (B) owning no more than five percent (5%) of the equity of any publicly traded entity with respect to which the Employee does not serve as an officer, director, employee, consultant or in any other capacity other than as an investor. The term “Restricted Territory” means all states within the United States in which Otelco or any of its Affiliates (including the Company Entities) conducts or is pursuing or analyzing plans to conduct Company Business as of the Termination Date.,

Non-Compete and Non-Solicit. (a) The Employee acknowledges that, in the course of the Employee’s his employment with the CompanyCompany Entities, the Employee he has become familiar, or will become familiar, with Otelco and its Affiliates (including the Company Entities) ’ and their Affiliates’ trade secrets and with other confidential information concerning Otelco and its Affiliates (including the Company Entities) Entities and their Affiliates and that his services have been and will be of special, unique and extraordinary value to Otelco and its Affiliates (including the Company Entities)Entities and their Affiliates. Therefore, the Employee agrees that, during the Employment Period and for six (6) 6 months thereafter (the “Restricted Period”), the Employee he shall not directly or indirectly (i) engage, within the Restricted Territory, in any telephone or communications business, including, but not limited to, incumbent local exchange carrier, long distance telephone business, cable television, Internet access, or other business that Otelco the Company or any of its Affiliates (including the Company Entities) is engaged in during the Employee’s employment by the Company (the “Company Business”), (ii) compete or participate as agent, employee, consultant, advisor, representative or otherwise in any enterprise engaged in a business which has any operations engaged in the Company Business within the Restricted Territory Territory; or (iii) compete or participate as a stockholder, partner, member or joint venturer, or have any direct or indirect financial interest, in any enterprise which has any material operations engaged in the Company Business within the Restricted Territory; provided, however, that nothing contained herein will prohibit the Employee from (A) owning, operating or managing any business, or acting upon any business opportunity, after obtaining approval of a majority of the Board Board; or (B) owning no more than five percent (5%) of the equity of any publicly traded entity with respect to which the Employee does not serve as an officer, director, employee, consultant or in any other capacity other than as an investor. The term “Restricted Territory” means all states within the United States in which Otelco the Company or any of its Affiliates (including the Company Entities) conducts or is pursuing or analyzing plans to conduct Company Business as of the Termination Date.