Non-Solicitation Restriction. Executive hereby agrees that in order to protect Trade Secrets, it is necessary to enter into the following restrictive covenant, which is ancillary to the enforceable promises between the Company and Executive in Sections 9 through 13 and other provisions of this Agreement. During the Executive’s employment and for a period of one (1) year following the Termination Date (regardless of the reason for termination), Executive hereby covenants and agrees that he will not, directly or indirectly, without obtaining the express written consent of the Board, either individually or as a principal, partner, agent, consultant, contractor, employee, or as a director or officer of any entity, or in any other manner or capacity whatsoever, except on behalf of the Company, solicit business, attempt to solicit business, or conduct business, in products or services competitive with any products or services offered or performed by the Company or its Affiliates in any business which the Company or any of its Affiliates does business, prepared to conduct business as of the Termination Date (or if the applicable activity occurs before the Termination, Date, then as of the date on which such activity occurs), or has any business interest within the Restricted Territory as of the Termination Date (or if the applicable activity occurs before the Termination, Date, then as of the date on which such activity occurs), (a) from those individuals or entities with whom the Company or Affiliate conducted or prepared to conduct business in the Restricted Territory during the Executive’s employment with the Company or (b) with respect to any assets or holdings in which the Company or Affiliate had any interest in the Restricted Territory at any time during the two-year period ending on the earlier of the Termination Date or the date on which such activity occurs.
Appears in 8 contracts
Samples: Employment Agreement, Employment Agreement (Alta Mesa Resources, Inc. /DE), Employment Agreement (Alta Mesa Holdings, LP)
Non-Solicitation Restriction. During employment with the Corporation and for the twenty-four (24) month period that immediately follows the Date of Termination, or such time period as the Corporation is obligated to pay severance benefits under this Agreement (whichever is longer), Executive hereby agrees shall not unfairly compete with the Corporation (which for purposes of this Section 14 shall include the Corporation, the Bank and all of their Affiliates) by attempting to disrupt business relationships that the Corporation, the Bank or their Affiliates have with either: (i) a Customer (see Section 1(g)) with whom Executive either had communications within the eighteen (18) months prior to the Date of Termination, or as to which Executive received Confidential Information during that eighteen (18) month period, or (ii) a Prospect (see Section 1(k)). In this regard, Executive shall refrain during the restricted period from engaging in order to protect Trade Secrets, it is necessary to enter into any of the following restrictive covenantactivities, which is ancillary to the enforceable promises between the Company and whether Executive in Sections 9 through 13 and alone, or as an officer, director, stockholder, partner, member, investor, employee, consultant or agent for or on behalf of any other provisions of this Agreement. During the Executive’s employment and for a period of one person or legal entity:
(1) year following Attempting to disrupt or interfere with the Termination Date business relationship with a Customer (as limited above) by directly or indirectly requesting, suggesting, encouraging or advising that Customer to withdraw, curtail, limit, cancel, terminate or not renew all or any portion of the Customer’s business with the Corporation, the Bank or their Affiliates.
(2) Solicit the business of a Customer (as limited above) by communicating directly with that Customer (regardless of who initiates the reason for termination), Executive hereby covenants communication and agrees that he will not, directly or indirectly, without obtaining the express written consent in what form it occurs) when as part of the Board, either individually communication Executive discusses or offers a Competitive Service or Product.
(3) Solicit the business of a Prospect by communicating directly with a Prospect (regardless of who initiates the communication and in what form it occurs) when as a principal, partner, agent, consultant, contractor, employee, or as a director or officer of any entity, or in any other manner or capacity whatsoever, except on behalf part of the Company, solicit business, attempt to solicit business, communication Executive discusses or conduct business, in products offers a Competitive Service or services competitive with any products or services offered or performed by the Company or its Affiliates in any business which the Company or any of its Affiliates does business, prepared to conduct business as of the Termination Date (or if the applicable activity occurs before the Termination, Date, then as of the date on which such activity occurs), or has any business interest within the Restricted Territory as of the Termination Date (or if the applicable activity occurs before the Termination, Date, then as of the date on which such activity occurs), (a) from those individuals or entities with whom the Company or Affiliate conducted or prepared to conduct business in the Restricted Territory during the Executive’s employment Product with the Company intent to limit, interfere with or (b) with respect to any assets divert the Prospect’s business away from the Corporation, the Bank or holdings in which the Company or Affiliate had any interest in the Restricted Territory at any time during the two-year period ending on the earlier of the Termination Date or the date on which such activity occurstheir Affiliates.
Appears in 5 contracts
Samples: Employment Agreement (First Community Bancshares Inc /Nv/), Employment Agreement (First Community Bancshares Inc /Nv/), Employment Agreement (First Community Bancshares Inc /Nv/)
Non-Solicitation Restriction. Executive hereby agrees that in order to protect Trade Secrets, it is necessary to enter into the following restrictive covenant, which is ancillary to the enforceable promises between the Company and Executive in Sections 9 through 13 and other provisions of this Agreement. During the Executive’s employment and for a period of one (1) year following the Termination Date (regardless of the reason for termination), Executive hereby covenants and agrees that he she will not, directly or indirectly, without obtaining the express written consent of the Board, either individually or as a principal, partner, agent, consultant, contractor, employee, or as a director or officer of any entity, or in any other manner or capacity whatsoever, except on behalf of the Company, solicit business, attempt to solicit business, or conduct business, in products or services competitive with any products or services offered or performed by the Company or its Affiliates in any business which the Company or any of its Affiliates does business, prepared to conduct business as of the Termination Date (or if the applicable activity occurs before the Termination, Date, then as of the date on which such activity occurs), or has any business interest within the Restricted Territory as of the Termination Date (or if the applicable activity occurs before the Termination, Date, then as of the date on which such activity occurs), (a) from those individuals or entities with whom the Company or Affiliate conducted or prepared to conduct business in the Restricted Territory during the Executive’s employment with the Company or (b) with respect to any assets or holdings in which the Company or Affiliate had any interest in the Restricted Territory at any time during the two-year period ending on the earlier of the Termination Date or the date on which such activity occurs.
Appears in 2 contracts
Samples: Employment Agreement (Alta Mesa Resources, Inc. /DE), Employment Agreement (Alta Mesa Holdings, LP)
Non-Solicitation Restriction. Executive hereby agrees that in order to protect Trade Secrets, it is necessary to enter into the following restrictive covenant, which is ancillary to the enforceable promises between the Company and Executive in Sections 9 through 13 and other provisions of this Agreement. During the Executive’s employment and for a period of one (1) year following the Termination Date (regardless of the reason for termination), Executive hereby covenants and agrees that he will not, directly or indirectly, without obtaining the express written consent of the Board, either individually or as a principal, partner, agent, consultant, contractor, employee, or as a director or officer of any entity, or in any other manner or capacity whatsoever, except on behalf of the Company, solicit business, attempt to solicit business, or conduct business, in products or services competitive with any products or services offered or performed by the Company or its Affiliates in any business which the Company or any of its Affiliates does business, prepared to conduct business as of the Termination Date (or if the applicable activity occurs before the Termination, Date, then as of the date on which such activity occurs), or has any business interest within the Restricted Territory as of the Termination Date (or if the applicable activity occurs before the Termination, Date, then as of the date on which such activity occurs), (a) from those individuals or entities with whom the Company or Affiliate conducted or prepared to conduct business in the Restricted Territory during the Executive’s employment with the Company or (b) with respect to any assets or holdings in which the Company or Affiliate had any interest in the Restricted Territory at any time during the two-year period ending on the earlier of the Termination Date or the date on which such activity occurs.the
Appears in 2 contracts
Samples: Employment Agreement, Employment Agreement (Silver Run Acquisition Corp II)
Non-Solicitation Restriction. Executive hereby agrees that in order to protect Trade Secrets, it is necessary to enter into the following restrictive covenant, which is ancillary to the enforceable promises between the Company and Executive in Sections 9 through 13 and other provisions of this Agreement. During the Executive’s employment and for a period of one (1) year following the Termination Date (regardless of the reason for termination), Executive hereby covenants and agrees that he will not, directly or indirectly, without obtaining the express written consent of the Board, either individually or as a principal, partner, agent, consultant, contractor, employee, or as a director or officer of any entity, or in any other manner or capacity whatsoever, except on behalf of the Company, solicit business, attempt to solicit business, or conduct business, in products or services competitive with any products or services offered or performed by the Company or its Affiliates in any business which the Company or any of its Affiliates does business, prepared to conduct business as of the Termination Date (or if the applicable activity occurs before the Termination, Date, then as of the date on which such activity occurs), or has any business interest within the Restricted Territory as of the Termination Date (or if the applicable activity occurs before the Termination, Date, then as of the date on which such activity occurs), (a) from those individuals or entities with whom the Company or an Affiliate conducted or prepared to conduct business in the Restricted Territory during the Executive’s employment with the Company or (b) with respect to any assets or holdings in which the Company or Affiliate had any interest in the Restricted Territory at any time during the two-year period ending on the earlier of the Termination Date or the date on which such activity occurs. Following the occurrence of a Midstream Transaction (as defined in Section 6(a)(5)), the individuals or entities referred to in clause (a) of the immediately preceding sentence shall not include those individuals or entities with whom the Company or an Affiliate conducted or prepared to conduct business in the Restricted Territory to the extent related to the Midstream Assets (as defined in Section 10(d)(1)) and the assets or holdings referred to in clause (b) of the immediately preceding sentence shall not include the Midstream Assets.
Appears in 1 contract
Samples: Employment Agreement (Alta Mesa Resources, Inc. /DE)