Common use of Non-Competition; Non-Solicitation; Confidentiality Clause in Contracts

Non-Competition; Non-Solicitation; Confidentiality. (a) For a period from the date hereof until the fifth (5th) anniversary of the Closing Date (the “Restricted Period”), the Sellers shall not own, manage, operate, control or participate in the ownership, management, operation or control of any business, whether in corporate, proprietorship or partnership form or otherwise, engaged in the Business; provided, however, that the restrictions contained in this Section 8.5(a) shall not (i) restrict the acquisition by any Seller, directly or indirectly, of less than 2% of the outstanding capital stock of any publicly traded company engaged in the Business or (ii) restrict the ownership, management, operation, control or provision of services related to any Excluded Asset. The Parties hereto specifically acknowledge and agree that the remedy at law for any breach of the foregoing will be inadequate and that Purchaser, in addition to any other relief available to it, shall be entitled to temporary and permanent injunctive relief without the necessity of proving actual damage or posting any bond whatsoever.

Non-Competition; Non-Solicitation; Confidentiality. (a) For a period from the date hereof until the fifth fourth (5th4th) anniversary of the Closing Date (Date, Seller and the “Restricted Period”), the Sellers Controlling Shareholders shall not and shall cause its Affiliates not to, directly or indirectly, own, manage, operate, control or participate in the ownership, management, operation or control of any businessbusiness or become employed by or associated with, whether in individual, corporate, proprietorship or partnership form or otherwiseany other form, engaged in the Business or that otherwise competes with the Business (a “Restricted Business”); provided, however, that the restrictions contained in this Section 8.5(a7.6(a) shall not (i) restrict the acquisition by any Seller, directly or indirectly, of less than 25% of the outstanding capital stock of any publicly traded company engaged in the Business or (ii) restrict the ownership, management, operation, control or provision of services related to any Excluded Asseta Restricted Business. The Parties parties hereto specifically acknowledge and agree that the remedy at law for any breach of the foregoing will be inadequate and that Purchaser, in addition to any other relief available to it, shall be entitled to temporary and permanent injunctive relief without the necessity of proving actual damage or posting any bond whatsoever.

Non-Competition; Non-Solicitation; Confidentiality. (a) For a period from the date hereof Closing Date until the fifth (5th) anniversary of the Closing Date (the “Restricted Period”)Date, the Sellers Seller shall not and shall cause its officers and employees so long as they serve in such capacities not to, directly or indirectly, own, manage, operate, control or participate in the ownership, management, operation or control of any business, whether in corporate, proprietorship or partnership form or otherwise, engaged in the Business or that otherwise competes with the Business (a “Restricted Business”); provided, however, that the restrictions contained in this Section 8.5(a7.2(a) shall not (i) restrict the acquisition by any the Seller, directly or indirectly, of less than 2% of the outstanding capital stock of any publicly traded company engaged in the Business or (ii) restrict the ownership, management, operation, control or provision of services related to any Excluded Asseta Restricted Business. The Parties parties hereto specifically acknowledge and agree that the remedy at law for any breach of the foregoing will be inadequate and that Purchaser, in addition to any other relief available to it, shall be entitled to temporary and permanent injunctive relief without the necessity of proving actual damage or posting any bond whatsoever.

Non-Competition; Non-Solicitation; Confidentiality. (a) For a period from the date hereof until the fifth (5th) anniversary of the Closing Date (the “Restricted Period”)Date, the Sellers Seller shall not and shall cause its Affiliates not to, directly or indirectly, own, manage, operate, control or participate in the ownership, management, operation or control of any business, whether in corporate, proprietorship or partnership form or otherwise, engaged in the convenience store distribution business or that otherwise competes with the Business (a “Restricted Business”); provided, however, that the restrictions contained in this Section 8.5(a7.6(a) shall not (i) restrict the acquisition by any Seller, directly or indirectly, of less than 2% of the outstanding capital stock of any publicly traded company engaged in the Business or (ii) restrict the ownership, management, operation, control or provision of services related to any Excluded Asseta Restricted Business. The Parties parties hereto specifically acknowledge and agree that the remedy at law for any breach of the foregoing will be inadequate and that PurchaserPurchaser or Parent , in addition to any other relief available to itthem, shall be entitled to temporary and permanent injunctive relief without the necessity of proving actual damage or posting any bond whatsoever.