Non-Competition Restrictions. During the Non-Competition Period (as defined below), the Executive will not and will not permit any of his Affiliates (as defined in the Purchase Agreement) to anywhere in the Territory (as defined below) engage or participate in, directly or indirectly, alone or as principal, agent, employee, employer, consultant, investor or partner of, or assist in the management of, or provide advisory or other services to, or own any stock or any other ownership interest in, or make any financial investment in, any business or entity which is Competitive with the Company (as defined below); provided, however, that the ownership of not more than two percent (2%) of the outstanding securities of any class of securities listed on a national exchange or inter-dealer quotation system shall not constitute a violation of this Section 8(b). For purposes of this Agreement, a business or entity shall be considered "Competitive with the Company" as of any point in time during the Non-Competition Period if it competes with (A) the products then marketed or sold by the Company and/or any of its affiliated companies and as such products may be improved and/or modified, (B) the services then marketed, sold or provided by the Company and/or any of its affiliated companies and as such services may be improved and/or modified or (C) the
Appears in 2 contracts
Samples: Executive Employment and Non Competition Agreement (Refco Inc.), Executive Employment and Non Competition Agreement (Refco Information Services, LLC)
Non-Competition Restrictions. During the Non-Competition Period (as defined below), the Executive will not and will not permit any of his Affiliates (as defined in the Purchase Agreement) to anywhere in the Territory (as defined below) engage or participate in, directly or indirectly, alone or as principal, agent, employee, employer, consultant, investor or partner of, or assist in the management of, or provide advisory or other services to, or own any stock or any other ownership interest in, or make any financial investment in, any business or entity which is Competitive with the Company (as defined below); provided, however, that the ownership of not more than two percent (2%) of the outstanding securities of any class of securities listed on a national exchange or inter-dealer quotation system shall not constitute a violation of this Section 8(b). For purposes of this Agreement, a business or entity shall be considered "Competitive with the Company" as of any point in time during the Non-Competition Period if it competes with (A) the products then marketed or sold by the Company and/or any of its affiliated companies and as such products may be improved and/or modified, (B) the services then marketed, sold or provided by the Company and/or any of its affiliated companies and as such services may be improved and/or modified or (C) thethe products and/or services that the Company and/or any of its affiliated companies is then
Appears in 2 contracts
Samples: Executive Employment and Non Competition Agreement (Refco Information Services, LLC), Executive Employment and Non Competition Agreement (Refco Inc.)