Common use of Non-Competition Obligations Clause in Contracts

Non-Competition Obligations. Unless waived or reduced by the Employer or Avocent, during the term of this Agreement and for a period of twelve (12) months thereafter, the Employee will not, without the Employer’s and Avocent Corporation’s prior written consent, directly or indirectly, alone or as a partner, joint venturer, officer, director, employee, consultant, agent, independent contractor or stockholder of any company or business, engage in any business activity in the United States, Canada, Europe, or Asia which is substantially similar to or in direct competition with any of the business activities of or services provided by the Employer or Avocent at such time. Notwithstanding the foregoing, the ownership by the Employee of not more than five percent (5%) of the shares of stock of any corporation having a class of equity securities actively traded on a national securities exchange or on The Nasdaq Stock Market shall not be deemed, in and of itself, to violate the prohibitions of this Section 5.

Non-Competition Obligations. Unless waived or reduced by the Employer or Avocent, during the term of this Agreement and for a period of twelve thirty-six (1236) months thereafter, the Employee will not, without the Employer’s and Avocent Corporation’s prior written consent, directly or indirectly, alone or as a partner, joint venturer, officer, director, employee, consultant, agent, independent contractor or stockholder of any company or business, engage in any business activity in the United States, Canada, Europe, or Asia Europe which is substantially similar to or in direct competition with any of the business activities of or services provided by the Employer or Avocent at such time. Notwithstanding the foregoing, the ownership by the Employee of not more than five percent (5%) of the shares of stock of any corporation having a class of equity securities actively traded on a national securities exchange or on The Nasdaq Stock Market shall not be deemed, in and of itself, to violate the prohibitions of this Section 5.

Non-Competition Obligations. Unless waived or reduced by the Employer or Avocent, during the term of this Agreement and for a period of twelve thirty-six (1236) months thereafter, the Employee will not, without the Employer’s and Avocent Corporation’s prior written consent, directly or indirectly, alone or as a partner, joint venturer, officer, director, employee, consultant, agent, independent contractor or stockholder of any company or business, engage in any business activity in the United States, Canada, Europe, or Asia which is substantially similar to or in direct competition with any of the business activities of or services provided by the Employer or Avocent at such time. Notwithstanding the foregoing, the ownership by the Employee of not more than five percent (5%) of the shares of stock of any corporation having a class of equity securities actively traded on a national securities exchange or on The Nasdaq Stock Market shall not be deemed, in and of itself, to violate the prohibitions of this Section 5.