Common use of Non-Solicitation and Non-Compete Clause in Contracts

Non-Solicitation and Non-Compete. The Executive agrees that, (i) except as agreed to by the board of directors, during the term hereof, he will not, directly or indirectly, either as a principal, agent, employee, employer, stockholder, co-partner or in any other capacity whatsoever, engage in any outside activity, whether or not competitive with the business of the Company, that could foreseeably give rise to a conflict of interest or otherwise interfere with his duties and obligations to the Company; (ii) during the term hereof and for twelve (12) months after the term, he will not, directly or indirectly, either as a principal, agent, employee, employer, stockholder, co-partner or in any other capacity whatsoever, solicit, hire or attempt to hire, or assist others in soliciting, hiring or attempting to hire, any individual employed by the Company at any time while the Executive was also so employed, or encourage any such individual to terminate his or her relationship with the Company ; provided, however, that nothing in this Section 6(c) shall be deemed to prohibit Executive from: (i) making general solicitations of employment published in newspapers, trade journals or other publications of general circulation; or (ii) employing individuals who have terminated their employment with the Company; (iii) during the term hereof and for twelve (12) months after the term, he will not, directly or indirectly, either as a principal, agent, employee, employer, stockholder, co-partner or in any other capacity whatsoever, engage in or undertake any planning for any activity which is competitive with the business of the Company, as conducted or under consideration at any time during his employment by the Company; and (iv) for purposes of this section, Executive’s employment now or in the future or other affiliation with Esmark Incorporated (including its successors, assigns or at any time before, during or after its affiliation with one or more steel production facilities) shall not be a conflict of interest, prohibited or constitute activity which is competitive with the business.

Non-Solicitation and Non-Compete. The Executive agrees that,: (i) except as agreed to by the board of directorsBoard, during the term hereof, he the Executive will not, directly or indirectly, either as a principal, agent, employee, employer, stockholder, co-partner or in any other capacity whatsoever, engage in any outside activity, whether or not competitive with the business of the Company, that could foreseeably give rise to a conflict of interest or otherwise interfere with his duties and obligations to the Company; (ii) during the term hereof and for twelve (12) months after the term, he the Executive will not, directly or indirectly, either as a principal, agent, employee, employer, stockholder, co-partner or in any other capacity whatsoever, solicit, hire or attempt to hire, or assist others in soliciting, hiring or attempting to hire, any individual employed by the Company at any time while the Executive was also so employed, or encourage any such individual to terminate his or her relationship with the Company Company; provided, however, that nothing in this Section 6(c6(g) shall be deemed to prohibit Executive from: : (iA) making general solicitations of employment published in newspapers, trade journals or other publications of general circulation; or (iiB) employing individuals who have terminated their employment with the Company; (iii) during the term hereof and for twelve (12) months after the term, he the Executive will not, directly or indirectly, either as a principal, agent, employee, employer, stockholder, co-partner or in any other capacity whatsoever, engage in or undertake any planning for any activity which is competitive with the business of the Company, as conducted or under consideration at any time during his employment by the Company; and provided that (ivA) for purposes an ownership interest by Executive of this sectionone percent (1%) or less in any outstanding equity securities of any company which is competitive with the business of the Company whose equity securities are listed on a national securities exchange, national or capital markets or traded in the over-the-counter bulletin board or (B) Executive’s employment now by or otherwise association with a business or entity of which a subsidiary, division, segment, unit, etc. is in material direct competition with the future Company or other affiliation with Esmark Incorporated (including its successorsany parent corporation or subsidiary of the Company but as to which such subsidiary, assigns division, segment, unit, etc. the Executive has no direct or at any time beforeindirect responsibility or involvement, during or after its affiliation with one or more steel production facilities) so long as the Executive does not breach the confidentiality obligations hereunder, shall not be a conflict of interest, prohibited or and shall not constitute activity which is competitive with the businessbusiness of the Company.

Non-Solicitation and Non-Compete. The Executive agrees that, (i) except as agreed to by the board of directors, during the term hereof, he will not, directly or indirectly, either as a principal, agent, employee, employer, stockholder, co-partner or in any other capacity whatsoever, engage in any outside activity, whether or not competitive with the business of the Company, that could foreseeably give rise to a conflict of interest or otherwise interfere with his duties and obligations to the Company; (ii) during the term hereof and for twelve (12) months after the term, he will not, directly or indirectly, either as a principal, agent, employee, employer, stockholder, co-partner or in any other capacity whatsoever, solicit, hire or attempt to hire, or assist others in soliciting, hiring or attempting to hire, any individual employed by the Company at any time while the Executive was also so employed, or encourage any such individual to terminate his or her relationship with the Company Company; provided, however, that nothing in this Section 6(c6(c)(ii) shall be deemed to prohibit the Executive from: (iA) making general solicitations of employment published in newspapers, trade journals or other publications of general circulation; or (iiB) employing individuals who have terminated their employment with the Company;; and (iii) during the term hereof and for twelve (12) months after the term, he will not, directly or indirectly, either as a principal, agent, employee, employer, stockholder, co-partner or in any other capacity whatsoever, engage in or undertake any planning for any activity which is competitive with the business of the Company, as conducted or under consideration at any time during his employment by the Company; and (iv) for purposes of this section, Executive’s employment now or in the future or other affiliation with Esmark Incorporated (including its successors, assigns or at any time before, during or after its affiliation with one or more steel production facilities) shall not be a conflict of interest, prohibited or constitute activity which is competitive with the business.

Non-Solicitation and Non-Compete. The Executive agrees that,: (i) except as agreed to by the board of directorsBoard, during the term hereof, he the Executive will not, directly or indirectly, either as a principal, agent, employee, employer, stockholder, co-partner or in any other capacity whatsoever, engage in any outside activity, whether or not competitive with the business of the Company, that could foreseeably give rise to a conflict of interest or otherwise interfere with his duties and obligations to the Company; (ii) during the term hereof and for twelve (12) months after the term, he the Executive will not, directly or indirectly, either as a principal, agent, employee, employer, stockholder, co-partner or in any other capacity whatsoever, solicit, hire or attempt to hire, or assist others in soliciting, hiring or attempting to hire, any individual employed by the Company at any time while the Executive was also so employed, or encourage any such individual to terminate his or her relationship with the Company Company; provided, however, that nothing in this Section 6(c6(g) shall be deemed to prohibit Executive from: (iA) making general solicitations of employment published in newspapers, trade journals or other publications of general circulation; or (iiB) employing individuals who have terminated their employment with the Company; (iii) during the term hereof and for twelve (12) months after the term, he the Executive will not, directly or indirectly, either as a principal, agent, employee, employer, stockholder, co-partner or in any other capacity whatsoever, engage in or undertake any planning for any activity which is competitive with the business of the Company, as conducted or under consideration at any time during his employment by the Company; and provided that (ivA) for purposes an ownership interest by Executive of this sectionone percent (1%) or less in any outstanding equity securities of any company which is competitive with the business of the Company whose equity securities are listed on a national securities exchange, national or capital markets or traded in the over-the-counter bulletin board or (B) Executive’s employment now by or otherwise association with a business or entity of which a subsidiary, division, segment, unit, etc. is in material direct competition with the future Company or other affiliation with Esmark Incorporated (including its successorsany subsidiary of the Company but as to which such subsidiary, assigns division, segment, unit, etc. the Executive has no direct or at any time beforeindirect responsibility or involvement, during or after its affiliation with one or more steel production facilities) so long as the Executive does not breach the confidentiality obligations hereunder, shall not be a conflict of interest, prohibited or and shall not constitute activity which is competitive with the businessbusiness of the Company.

Non-Solicitation and Non-Compete. The Executive agrees that, (i) except as agreed to by the board of directors, during the term hereof, he will not, directly or indirectly, either as a principal, agent, employee, employer, stockholder, co-partner or in any other capacity whatsoever, engage in any outside activity, whether or not competitive with the business of the Company, that could foreseeably give rise to a conflict of interest or otherwise interfere with his duties and obligations to the Company; (ii) during the term hereof and for twelve (12) months after the term, he will not, directly or indirectly, either as a principal, agent, employee, employer, stockholder, co-partner or in any other capacity whatsoever, solicit, hire or attempt to hire, or assist others in soliciting, hiring or attempting to hire, any individual employed by the Company at any time while the Executive was also so employed, or encourage any such individual to terminate his or her relationship with the Company ; provided, however, that nothing in this Section 6(c) shall be deemed to prohibit Executive from: (i) making general solicitations of employment published in newspapers, trade journals or other publications of general circulation; or (ii) employing individuals who have terminated their employment with the Company; (iii) during the term hereof and for twelve (12) months after the term, he will not, directly or indirectly, either as a principal, agent, employee, employer, stockholder, co-partner or in any other capacity whatsoever, engage in or undertake any planning for any activity which is competitive with the business of the Company, as conducted or under consideration at any time during his employment by the Company; and (iv) for purposes of this section, after the termination of Executive’s employment now or in the future pursuant to this Agreement, Executive’s subsequent employment or other affiliation with Esmark Incorporated (including its successorssuccessors or assigns, assigns or at any time before, during or after as well as its affiliation with one or more steel production facilitiesfacilities at any time) shall not be a conflict of interest, prohibited or and shall not constitute activity which is competitive with the business.

Non-Solicitation and Non-Compete. The Executive agrees that, (i) except as agreed to by the board of directors, during the term hereof, he will not, directly or indirectly, either as a principal, agent, employee, employer, stockholder, co-partner or in any other capacity whatsoever, engage in any outside activity, whether or not competitive with the business of the Company, that could foreseeably give rise to a conflict of interest or otherwise interfere with his duties and obligations to the Company; (ii) during the term hereof and for twelve (12) months after the term, he will not, directly or indirectly, either as a principal, agent, employee, employer, stockholder, co-partner or in any other capacity whatsoever, solicit, hire or attempt to hire, or assist others in soliciting, hiring or attempting to hire, any individual employed by the Company at any time while the Executive was also so employed, or encourage any such individual to terminate his or her relationship with the Company ; provided, however, that nothing in this Section 6(c) shall be deemed to prohibit Executive from: (i) making general solicitations of employment published in newspapers, trade journals or other publications of general circulation; or (ii) employing individuals who have terminated their employment with the Company; (iii) during the term hereof and for twelve (12) months after the term, he will not, directly or indirectly, either as a principal, agent, employee, employer, stockholder, co-partner or in any other capacity whatsoever, engage in or undertake any planning for any activity which is competitive with the business of the Company, as conducted or under consideration at any time during his employment by the Company; and (iv) for purposes of this section, after the termination of Executive’s employment now or in the future pursuant to this Agreement, Executive’s subsequent employment or other affiliation with Esmark Incorporated (including its successorssuccessors or assigns, assigns or at any time before, during or after as well as its affiliation with one EXECUTION VERSION or more steel production facilitiesfacilities at any time) shall not be a conflict of interest, prohibited or and shall not constitute activity which is competitive with the business.

Non-Solicitation and Non-Compete. The Executive agrees that, (i) except as agreed to by the board of directors, during the term hereof, he will not, directly or indirectly, either as a principal, agent, employee, employer, stockholder, co-partner or in any other capacity whatsoever, engage in any outside activity, whether or not competitive with the business of the Company, that could foreseeably give rise to a conflict of interest or otherwise interfere with his duties and obligations to the Company; (ii) during the term hereof and for twelve (12) months after the term, he will not, directly or indirectly, either as a principal, agent, employee, employer, stockholder, co-partner or in any other capacity whatsoever, solicit, hire or attempt to hire, or assist others in soliciting, hiring or attempting to hire, any individual employed by the Company at any time while the Executive was also so employed, or encourage any such individual to terminate his or her relationship with the Company ; provided, however, that nothing in this Section 6(c) shall be deemed to prohibit Executive from: (i) making general solicitations of employment published in newspapers, trade journals or other publications of general circulation; or (ii) employing individuals who have terminated their employment with the Company; (iii) during the term hereof and for twelve (12) months after the term, he will not, directly or indirectly, either as a principal, agent, employee, employer, stockholder, co-co- EXECUTION VERSION partner or in any other capacity whatsoever, engage in or undertake any planning for any activity which is competitive with the business of the Company, as conducted or under consideration at any time during his employment by the Company; and (iv) for purposes of this section, after the termination of Executive’s employment now or in the future pursuant to this Agreement, Executive’s subsequent employment or other affiliation with Esmark Incorporated (including its successorssuccessors or assigns, assigns or at any time before, during or after as well as its affiliation with one or more steel production facilitiesfacilities at any time) shall not be a conflict of interest, prohibited or and shall not constitute activity which is competitive with the business.

Non-Solicitation and Non-Compete. The Executive agrees that, (i) except as agreed to by the board of directorsBoard, during the term hereof, he the Executive will not, directly or indirectly, either as a principal, agent, employee, employer, stockholder, co-partner or in any other capacity whatsoever, engage in any outside activity, whether or not competitive with the business of the Company, that could foreseeably give rise to a conflict of interest or otherwise interfere with his duties and obligations to the Company; (ii) during the term hereof and for twelve (12) months after the term, he the Executive will not, directly or indirectly, either as a principal, agent, employee, employer, stockholder, co-partner or in any other capacity whatsoever, solicit, hire or attempt to hire, or assist others in soliciting, hiring or attempting to hire, any individual employed by the Company at any time while the Executive was also so employed, or encourage any such individual to terminate his or her relationship with the Company Company; provided, however, that nothing in this Section 6(c9(g) shall be deemed to prohibit Executive from: (iA) making general solicitations of employment published in newspapers, trade journals or other publications of general circulation; or (iiB) employing individuals who have terminated their employment with the Company; (iii) during the term hereof and for twelve (12) months after the term, he the Executive will not, directly or indirectly, either as a principal, agent, employee, employer, stockholder, co-partner or in any other capacity whatsoever, engage in or undertake any planning for any activity which is competitive with the business of the Company, as conducted or under consideration at any time during his employment by the Company; and provided that (ivA) for purposes an ownership interest by Executive of this sectionone percent (1%) or less in any outstanding equity securities of any company which is competitive with the business of the Company whose equity securities are listed on a national securities exchange, national or capital markets or traded in the over-the-counter bulletin board or (B) Executive’s employment now by or otherwise association with a business or entity of which a subsidiary, division, segment, unit, etc. is in material direct competition with the future Company or other affiliation with Esmark Incorporated (including its successorssubsidiary of the Company but as to which such subsidiary, assigns division, segment, unit, etc. the Executive has no direct or at any time beforeindirect responsibility or involvement, during or after its affiliation with one or more steel production facilities) so long as the Executive does not breach the confidentiality obligations hereunder, shall not be a conflict of interest, prohibited or and shall not constitute activity which is competitive with the businessbusiness of the Company.