Common use of Non-competition with the Company Clause in Contracts

Non-competition with the Company. (a)(i) Subject to the cure provisions of Section 4.2(b), from the Effective Date until December 15, 2003 and thereafter for so long as each of AOL and ODC, together with their respective Wholly-Owned Affiliates and, with respect to ODC only, Xxxxxxxx Family members, holds shares of Voting Stock equal to at least twenty percent (20%) of the issued and outstanding shares of Voting Stock (as adjusted to negate the effect of (1) the admission of third parties admitted as equity participants as contemplated in Section 5.7 hereof, (2) the issuance of any Company Securities by the Company or (3) the issuance of any Company Securities upon exercise of the Warrant) neither Stockholder (nor any third party admitted as a stockholder of the Company in accordance with this Agreement) nor any Special Affiliate thereof shall, directly or indirectly, independently of the Company or the other Stockholder, through a Special Affiliate or otherwise, provide, acquire or hold any interest in:

Non-competition with the Company. (a)(i) Subject to the cure provisions of Section 4.2(b), from the Effective Date August 7, 2000 until December 15, 2003 and thereafter for so long as each of AOL and ODC, together with their respective Wholly-Owned Affiliates and, with respect to ODC only, Xxxxxxxx Family members, holds shares of Voting Stock equal to at least twenty percent (20%) of the issued and outstanding shares of Voting Stock (as adjusted to negate the effect of any of the following that occur after August 7, 2000: (1) the admission of third parties admitted as equity participants as contemplated in Section 5.7 hereof, (2) the issuance of any Company Securities by the Company Company, including pursuant to the Stock Purchase Agreement, or (3) the issuance of any Company Securities upon exercise of the Warrant) neither no Stockholder (nor any third party admitted as a stockholder of the Company in accordance with this Agreement) nor any Special Affiliate thereof shall, directly or indirectly, independently of the Company or the other StockholderStockholders, through a Special Affiliate or otherwise, provide, acquire or hold any interest in: