Common use of Noncompete Agreement Clause in Contracts

Noncompete Agreement. A. During the term of my employment with the Company and for the lesser of six (6) months immediately following the termination of my employment relationship with the Company and the remainder of the Term of my Employment Agreement for any reason or any other amount of time as determined by the Company in accordance with the terms of my Employment Agreement thereafter (the “Noncompete Period”), I will not, directly or indirectly, for myself or any third party other than on behalf of the Company, without the prior written consent of the Company: (1) engage in the “Geographic Area” (as defined below) as an employee, agent, consultant, advisor, independent contractor, proprietor, partner, officer, director, or otherwise of a business that offers any product or service that competes in any material respect with a product or service (i) provided by the Company to customers or (ii) that the Company is developing, during the period of my employment with the Company (a “Competing Business”); (2) have any ownership interest (except for passive ownership of one percent (1%) or less) in any Competing Business whose securities have been registered under the Securities Act of 1933 or Section 12 of the Securities Exchange Act of 1934 or the securities laws of any other jurisdiction of the United States; or (3) participate in the financing, operation, management, or control of, any firm, partnership, corporation, entity, or business that engages or participates in a Competing Business; provided, however that the Company shall not unreasonably withhold its consent to any of the foregoing (including, without limitation, any proposed activity related to private equity investing) where (a) I request such consent in advance in writing, (b) I disclose all relevant facts, and (c) my proposed activities will not adversely affect the business of the Company in any material respect.

Noncompete Agreement. A. During the term of my employment with the Company and for the lesser period of six twelve (612) months immediately following the termination of my employment relationship with the Company and the remainder of the Term of my Employment Agreement for any reason or any other amount of time as determined by the Company in accordance with the terms of my Employment Agreement thereafter (the “Noncompete Period”), I 1 will not, directly or indirectly, for myself or any third party other than on behalf of the Company, without the prior written consent of the Company: (1) engage in the “Geographic Area” (as defined below) as an employee, agent, consultant, advisor, independent contractor, proprietor, partner, officer, director, or otherwise of a business that offers any product or service that competes in any material respect with a product or service (i) provided by the Company to customers or (ii) that the Company is developing, during the period of my employment with the Company (a “Competing Business”); (2) have any ownership interest (except for passive ownership of one percent (1%) or less) in any Competing Business whose securities have been registered under the Securities Act of 1933 or Section 12 of the Securities Exchange Act of 1934 or the securities laws of any other jurisdiction of the United States; or (3) participate in the financing, operation, management, or control of, any firm, partnership, corporation, entity, or business that engages or participates in a Competing Business; provided, however that the Company shall not unreasonably withhold its consent to any of the foregoing (including, without limitation, any proposed activity related to private equity investing) where (a) I request such consent in advance in writing, (b) I disclose all relevant facts, and (c) my proposed activities will not adversely affect the business of the Company in any material respect; provided further that I will not be restricted whatsoever from employment, consultancy or any other business relationship with Wexford Capital LLC or its affiliates.

Noncompete Agreement. A. During the term of my employment with the Company and for the lesser of six (6) months immediately following the termination of my employment relationship with the Company and the remainder of the Term of my Employment Agreement for any reason or any other amount of time as determined by the Company in accordance with the terms of my Employment Agreement thereafter (the “Noncompete Period”), I will not, directly or indirectly, for myself or any third party other than on behalf of the Company, without the prior written consent of the Company: (1) engage in the “Geographic Area” (as defined below) as an employee, agent, consultant, advisor, independent contractor, proprietor, partner, officer, director, or otherwise of a business that offers any product or service that competes in any material respect with a product or service (i) provided by the Company to customers or (ii) that the Company is developing, during the period of my employment with the Company (a “Competing Business”); (2) have any ownership interest (except for passive ownership of one percent (1%) or less) in any Competing Business whose securities have been registered under the Securities Act of 1933 or Section 12 of the Securities Exchange Act of 1934 or the securities laws of any other jurisdiction of the United States; or (3) participate in the financing, operation, management, or control of, any firm, partnership, corporation, entity, or business that engages or participates in a Competing Business; provided, however that the Company shall not unreasonably withhold its consent to any of the foregoing (including, without limitation, any proposed activity related to private equity investing) where (a) I request such consent in advance in writing, (b) I disclose all relevant facts, and (c) my proposed activities will not adversely affect the business of the Company in any material respect; provided further that I will not be restricted whatsoever from employment, consultancy or any other business relationship with Wexford Capital LP or its affiliates.