Common use of Non-Compete Obligation Clause in Contracts

Non-Compete Obligation. Consultant agrees that during the term of this ---------------------- Agreement, Consultant shall not, directly or indirectly, engage (as principal, partner, director, officer, agent, employee, or owner, with or without compensation) in any line of business that the Company or the Bank is involved (including, but not limited to, the providing of wholesale banking services, consumer financial services, retail banking, trust and investment management services, secured and unsecured loan and financing services, real estate financing services, asset and investment management and fiduciary services, cash management services, and consumer and commercial credit card services), within sixty miles of Harrisburg, Pennsylvania. Consultant shall not entice or solicit, directly or indirectly, any executives or key management personnel of the Company (or any subsidiary) to work with Consultant or any entity with which Consultant has affiliated for any period that Consultant provides consulting services to the Company. Consultant shall also not entice or solicit, directly or indirectly, any client or customer of the Company (or any subsidiary) for any competitor or in any competitive activity for a period that Consultant provides consulting services to the Company. The foregoing restriction shall not be construed to prohibit Consultant from owning less than five percent (5%) of any class of securities of any corporation in Maryland, Pennsylvania, or New Jersey which is engaged in any of the foregoing businesses having a class of securities registered pursuant to the Securities Exchange Act of 1934, provided that such ownership represents a passive investment and that neither Consultant nor any group of persons including Consultant in any way, either directly or indirectly, manages or exercises control of any such corporation, guarantees any of its financial obligations, otherwise takes part in its business, other than exercising his rights as a shareholder, or seeks to do any of the foregoing.

Appears in 2 contracts

Samples: Employment Agreement (Waypoint Financial Corp), Employment Agreement (Harris Financial Inc)

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Non-Compete Obligation. Consultant Executive agrees that during the term of this ---------------------- AgreementAgreement and for a period of two years after the end of the Employment Term, Consultant Executive shall not, directly or indirectly, engage in (as principal, partner, director, officer, agent, employee, consultant, owner, independent contractor or ownerotherwise, with or without compensation) or hold a financial interest in any line firm or organization engaged in the business of business that the Company or the Bank is involved banking (including, but not limited to, the providing of wholesale banking services, consumer financial services, retail banking, trust and investment management services, electronic payment services, secured and unsecured loan and financing services, real estate financing services, asset and investment management and fiduciary services, cash management services, and consumer and commercial credit card services), merchant card services, card processing services, and electronic transaction processing services) or which otherwise is engaged in competition with the Company, or its subsidiaries or affiliates within sixty miles of Harrisburg, Pennsylvania. Consultant Executive shall not entice or solicit, directly or indirectly, any other executives or key management personnel of the Company (or any subsidiary) to work with Consultant Executive or any entity with which Consultant Executive has affiliated for any a period that Consultant provides consulting services to of two years after the Companyend of the Employment Term. Consultant Executive shall also not entice or solicit, directly or indirectly, any client or customer of the Company (or any subsidiary) for any competitor or in any competitive activity for a period that Consultant provides consulting services to of two years after the Companyend of the Employment Term. The foregoing restriction shall not be construed to prohibit Consultant from owning less the ownership by Executive of not more than five percent (5%) of any class of securities of any corporation in Maryland, Pennsylvania, or New Jersey which is engaged in any of the foregoing businesses having a class of securities registered pursuant to the Securities Exchange Act of 1934, provided that such ownership represents a passive investment and that neither Consultant Executive nor any group of persons including Consultant Executive in any way, either directly or indirectly, manages or exercises control of any such corporation, guarantees any of its financial obligations, otherwise takes part in its business, other than exercising his rights as a shareholder, or seeks to do any of the foregoing.

Appears in 1 contract

Samples: Employment Agreement (Harris Financial Inc)

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Non-Compete Obligation. Consultant agrees that during the term of this ---------------------- AgreementConsulting Term, Consultant shall not, directly or indirectly, engage (as principal, partner, director, officer, agent, employee, or owner, with or without compensation) in any line of business that the Company or the Bank is involved (including, but not limited to, the providing of wholesale banking services, consumer financial services, retail banking, trust and investment management services, secured and unsecured loan and financing services, real estate financing services, asset and investment management and fiduciary services, insurance services, cash management services, and consumer and commercial credit card services), ) within sixty miles of Harrisburg, Pennsylvania. Consultant shall not entice or solicit, directly or indirectly, any executives or key management personnel of the Company (or any subsidiary) to work work, in any capacity, with Consultant or any entity with which Consultant has affiliated during the Consulting Term and for any a period that Consultant provides consulting services to the Companyof two years thereafter. Consultant shall also not entice or solicit, directly or indirectly, any client or customer of the Company (or any subsidiary) for any competitor or in any competitive activity during the Consulting Term and for a period that of two (2) years thereafter. Consultant provides consulting services to shall also, during the Consulting Term and for a period of two (2) years thereafter, not assist in any capacity, except if called as a witness, any third party in any claims, actions, proceedings or litigation against the Company. It is further agreed that Consultant's non-competition Agreement and Non-Solicitation Agreement is assignable by Company and shall be fully enforceable by assignee whether incident to a merger or acquisition of Company, regardless or whether or not Company is the surviving entity or whether the sale is incident to a sale of the stock of the Company or a sale of its assets. The foregoing restriction restrictions shall not be construed to prohibit Consultant from owning less than five percent (5%) of any class of securities of any corporation in Maryland, Maryland or Pennsylvania, or New Jersey which is engaged in any of the foregoing businesses having a class of securities registered pursuant to the Securities Exchange Act of 1934, provided that such ownership represents a passive investment and that neither Consultant nor any group of persons including Consultant in any way, either directly or indirectly, manages or exercises control of any such corporation, guarantees any of its financial obligations, otherwise takes part in its business, other than exercising his rights as a shareholder, or seeks to do any of the foregoing.

Appears in 1 contract

Samples: Consulting Agreement (Waypoint Financial Corp)

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