Noncompete Agreement. Subject to the terms and conditions of the attached Work for Hire Agreement (Exhibit A), each Shareholder will not, individually or in concert with any other person or entity, directly or indirectly, whether as an owner, member, partner, officer, employee, director, trustee, stockholder (except of not more than one (1%) percent of the outstanding stock of any company purchased for investment purposes only), agent, manager, consultant, associate, or otherwise, own, manage operate, join, control, finance, organize, participate in, work for, permit the use of his/her name by, or be connected in any manner with any business activity within the United States which is competitive with any aspect of the business of LLC so long as LLC carries on such business, whether under its current name or otherwise. It is intended that the covenant contained in this paragraph shall be deemed to be a series of separate covenants, one for each county in the United States. Except for geographic coverage, each such separate covenant contained shall be deemed identical in terms with the covenant contained in this paragraph. If in any judicial proceeding, a court should refuse to enforce all of the separate covenants deemed included in this paragraph because, taken together, they cover too extensive a geographic area, it is intended that those of such covenants which, if eliminated, would permit the court to enforce the remaining separate covenants to be enforced in such proceeding, and shall, for the purpose of such proceeding, be deemed eliminated for the provisions hereof In the event of a breach or threatened breach of this Section, Buyer shall be entitled to an injunction restraining such breach, without the requirement of posting bond; but nothing herein shall be construed as prohibiting Buyer from pursuing any other remedy available to it as a result of such breach or threatened breach.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Homelife Inc), Stock Purchase Agreement (Homelife Inc)
Noncompete Agreement. Subject to For a period of three (3) years following the terms and conditions of the attached Work for Hire Agreement (Exhibit A)Closing, each Shareholder will not, individually or in concert with any other person or entity, directly or indirectly, whether as an owner, member, partner, officer, employee, director, trustee, stockholder (except of not more than one that not percent (1%) percent of the outstanding stock of any company purchased for investment purposes only), agent, manager, consultant, associate, or otherwise, own, manage manage, operate, join, control, finance, organize, participate in, work for, permit the use of his/her his name by, or be connected in any manner with any business activity within the United States or the Province of Alberta, Canada which is competitive with any aspect of the business of LLC Builders so long as LLC Builders carries on such business, whether under its current name or otherwise. It is intended that the covenant contained in this paragraph shall be deemed to be a series of separate covenants, one for each county in the United States. Except for geographic coverage, each such separate covenant contained shall be deemed identical in terms with the covenant contained in this paragraph. If in any judicial proceeding, a court should refuse to enforce all of the separate covenants deemed included in this paragraph (A) because, taken together, they cover too extensive a geographic area, it is intended that those of such covenants which, if eliminated, would permit the court to enforce the remaining separate covenants to be enforced in such proceeding, and shall, for the purpose of such proceeding, be deemed eliminated for the provisions hereof hereof. In the event of a breach or threatened breach of this Section, Buyer shall be entitled to an injunction restraining such breach, without the requirement of posting bond; but nothing herein here shall be construed as prohibiting Buyer from pursuing any other remedy available to it as a result of such breach or threatened breach.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Homelife Inc), Stock Purchase Agreement (Homelife Inc)