Non-Competes. Neither the Borrower, any other Obligor, nor any of their respective Subsidiaries, nor any of their respective directors, officers or employees, is subject to a non-compete agreement that prohibits or will interfere with any of the Product Commercialization and Development Activities, including the development, commercialization or marketing of any Product.
Non-Competes. Except as set forth in Section 4.24 of the Schedule of Exceptions, and as contemplated by Section 4.11(c), the Company and its Subsidiaries are not subject to any non-compete or similar arrangements with any Persons that restrict or may restrict the Company and its Subsidiaries from carrying on its business as now conducted and as it is proposed to be conducted.
Non-Competes. None of the Loan Parties nor any of their executive officers is subject to a non-compete agreement that prohibits or would materially interfere with the development, commercialization or marketing of any Product.
Non-Competes. Neither the Borrower nor any other Loan Party nor any of their respective Subsidiaries, nor, to the knowledge of any Loan Party, any of their respective directors, officers or employees, is subject to a non-compete agreement that prohibits or will interfere with any of the Product Commercialization and Development Activities, including the development, commercialization or marketing of any Product.
Non-Competes. Xxxxxxxx shall maintain in full force and effect and enforce its rights under the (i) Confidentiality and Non-Competition Agreement dated December 17, 2004 by and between Xxxxxxxx and Xxxxxxx X. Xxxxxx; (ii) Confidentiality and Non-Competition Agreement dated December 17, 2004 by and between Xxxxxxxx and Xxxxxxxxxxx Xxxxxxxx; and (iii) Confidentiality and Non-Competition Agreement dated August 17, 2010 by and between Xxxxxxxx and Xxxxxx Xxxxxx.
Non-Competes. None of the Obligors nor any of their Subsidiaries nor, to the knowledge of any Obligor, any of their respective directors, officers or employees is subject to an enforceable non-competition agreement that materially prohibits or will materially interfere with any of the Commercialization and Development Activities of any of Material Products, including the development, commercialization or marketing of any such Material Product.
Non-Competes. Enter into any agreement containing any provision or covenant restricting in any material respect the Company’s or any Company Subsidiary’s conduct of business or ability to compete in any line of business.
Non-Competes. As of the Closing Date, neither the Borrower, nor any of its Subsidiaries, nor, to the Borrower’s knowledge, any of their respective directors, officers or employees, is subject to a non-compete agreement that will, or could reasonably be expected to, materially interfere with any of the Product Commercialization and Development Activities, including the development, commercialization or marketing of any Key Product.
Non-Competes. (a) Without the express prior written consent of Purchaser, neither the Sellers nor any Subsidiary or Affiliate of the Sellers shall, at any time during the three-year period immediately following the Closing Date, directly or indirectly, own, manage, control or participate in the ownership, management or control of, or consult with, a Seller Competing Business; provided, that the foregoing shall not prohibit the Sellers or any Affiliate or Subsidiary of the Sellers from owning as a passive investment 5% or less of the outstanding equity of any publicly-traded entity, or the ownership by the Sellers or any Subsidiary or Affiliate of the Sellers of a Seller Competing Business that (i) constitutes a portion of a business acquired by the Sellers or a Subsidiary or Affiliate of a Seller and (ii) has revenues (together with those of any other Seller Competing Business acquired by the Sellers or a Subsidiary or Affiliate of a Seller as part of another business) of less than $25 million in the aggregate. In the event that the revenues of any one or more Seller Competing Businesses equal or exceed $25 million in the aggregate, Sellers shall, and shall cause such Subsidiary or Affiliate to, use their commercially reasonable efforts to sell or discontinue any such Seller Competing Businesses (or portions thereof) within 1 year following the acquisition of the Seller Competing Business that puts the Sellers or such Subsidiary or Affiliate at or over the $25 million revenue threshold such that after such sale or discontinuation, the Seller Competing Businesses, in the aggregate, have revenues of less than $25 million. The Sellers agree that the Sellers and Sellers' Subsidiaries and Affiliates will not, for a period of one year after the Closing Date, solicit any person now employed by the Sellers for the primary benefit of the Targeted Businesses for employment by the Sellers if such Person is then employed by Purchaser or any Subsidiary or Affiliate of Purchaser. Purchaser agrees that the restrictions set forth in this subsection (a) above shall not apply to any solicitation by the Sellers directed at the public in general in publications available to the public in general or any contact which the Sellers can demonstrate through written records was initiated by such employee.
Non-Competes. No Obligor nor any of its Subsidiaries nor any of their respective directors, officers or employees is subject to a non-compete agreement that prohibits or will interfere with any of the Product Commercialization and Development Activities, including the development, commercialization or marketing of any Product, except for non-compete covenants that protect an exclusive license or otherwise as set forth on Schedule 7.25.
