Noncompete, Nonsolicitation. (a) The Executive acknowledges that in the course of his employment with the Company and its Subsidiaries he has become familiar, and he will become familiar, with the Company's and its Subsidiaries' trade secrets and with other Confidential Information and that his services have been and will be of special, unique and extraordinary value to the Company and its Subsidiaries. Therefore, the Executive agrees that, during the time he is employed by the Company and its Subsidiaries and during any applicable Post-Termination Period (the "Noncompete Period"), he shall not directly or indirectly own, operate, manage, control, participate in, consult with, advise, provide services for, or in any manner engage in any business (including by himself or in association with any person, firm, corporate or other business organization or through any other entity) in competition with, or potential competition with, the businesses of the Company or its Subsidiaries as such businesses exist or are in process on the date of the termination of the Executive's employment, within any geographical area in which the Company or any of its Subsidiaries engages or plans to engage in such businesses. Nothing herein shall prohibit the Executive from being a passive owner of not more than 2% of the outstanding stock of a corporation which is publicly traded, so long as the Executive has no active participation in the business of such corporation. For purposes of this Section 5, "
Appears in 7 contracts
Samples: Employment Agreement (Lower Road Associates LLC), Employment Agreement (Lower Road Associates LLC), Employment Agreement (Lower Road Associates LLC)
Noncompete, Nonsolicitation. (a) The Executive acknowledges that in the course of his employment with Holding, the Company and its Subsidiaries or any other member of the Company Group he has become familiar, and he will become familiar, with the CompanyCompany Group's and its Subsidiaries' trade secrets and with other Confidential Information and that his services have been and will be of special, unique and extraordinary value to the Company and its SubsidiariesGroup. Therefore, the Executive agrees that, during the time he is employed by the Company or any other member of the Company Group and its Subsidiaries and during any applicable Post-Termination Period thereafter for a period of twelve (12) months (the "Noncompete Period"), he Executive shall not directly or indirectly own, operate, manage, control, participate in, consult with, advise, provide render services for, or in any manner engage in any business with any person (including by himself or in association with any person, firm, corporate or other business organization or through any other entity) in competition with, or potential competition with, with the businesses of the Company or its Subsidiaries Group as such businesses exist or are in process on the date of the termination of the Executive's employment, within any geographical area in which the Company or any of its Subsidiaries Group engages or plans on the date of the termination of Executive's employment to engage in such businesses. Nothing herein shall prohibit the Executive from being a passive owner of not more than 2% of the outstanding stock of a corporation which is publicly traded, so long as the Executive has no active participation in the business of such corporation. For purposes of this Section 5, ".
Appears in 3 contracts
Samples: Executive Employment Agreement (Von Hoffmann Holdings Inc), Executive Employment Agreement (Von Hoffmann Holdings Inc), Executive Employment Agreement (Von Hoffmann Corp)
Noncompete, Nonsolicitation. (a) The Executive acknowledges that in the course of his employment with the Company and its Subsidiaries or any other member of the Company Group he has become familiar, and he will become familiar, with the Company's and its Subsidiaries' Company Group’s trade secrets and with other Confidential Information and that his services have been and will be of special, unique and extraordinary value to the Company and its SubsidiariesGroup. Therefore, the Executive agrees that, during the time he is employed by the Company or any other member of the Company Group and its Subsidiaries and during any applicable Postfor so long as Executive is entitled to receive severance payments hereunder or otherwise or for twenty-Termination Period four (24) months thereafter if Executive voluntarily resigns (the "“Noncompete Period"”), he Executive shall not directly or indirectly own, operate, manage, control, participate in, consult with, advise, provide render services for, or in any manner engage in any business with any person (including by himself or in association with any person, firm, corporate or other business organization or through any other entity) in competition with, or potential competition with, with the businesses of any member of the Company or its Subsidiaries Group as such businesses exist or are in process on the date Date of the termination Termination of the Executive's ’s employment, within any geographical area in which the Company or any of its Subsidiaries Group engages or plans on the Date of Termination of Executive’s employment to engage in such businesses. Nothing herein shall prohibit the Executive from being a passive owner of not more than 2% of the outstanding stock of a corporation which is publicly traded, so long as the Executive has no active participation in the business of such corporation. For purposes of this Section 5, ".
Appears in 2 contracts
Samples: Executive Employment Agreement (Euramax International, Inc.), Executive Employment Agreement (Euramax International, Inc.)
Noncompete, Nonsolicitation. (a) The Executive acknowledges that in the course of his employment with Holdings, the Company and its Subsidiaries or any other member of the Company Group he has become familiar, and he will become familiar, with the CompanyCompany Group's and its Subsidiaries' trade secrets and with other Confidential Information and that his services have been and will be of special, unique and extraordinary value to the Company and its SubsidiariesGroup. Therefore, the Executive agrees that, during the time he is employed by the Company or any other member of the Company Group and its Subsidiaries and during any applicable Post-Termination Period thereafter for a period of twelve (12) months (the "Noncompete Period"), he Executive shall not directly or indirectly own, operate, manage, control, participate in, consult with, advise, provide render services for, or in any manner engage in any business with any person (including by himself or in association with any person, firm, corporate or other business organization or through any other entity) in competition with, or potential competition with, with the businesses of the Company or its Subsidiaries Group as such businesses exist or are in process on the date of the termination of the Executive's employment, within any geographical area in which the Company or any of its Subsidiaries Group engages or plans on the date of the termination of Executive's employment to engage in such businesses. Nothing herein shall prohibit the Executive from being a passive owner of not more than 2% of the outstanding stock of a corporation which is publicly traded, so long as the Executive has no active participation in the business of such corporation. For purposes of this Section 5, ".
Appears in 1 contract
Samples: Executive Employment Agreement (Von Hoffmann Holdings Inc)
Noncompete, Nonsolicitation. (a) The Executive acknowledges that in the course of his employment with Neenah or any other member of the Company and its Subsidiaries Neenah Group he has become familiar, and he will become familiar, with the CompanyNeenah Group's and its Subsidiaries' trade secrets and with other Confidential Information and that his services have been and will be of special, unique and extraordinary value to the Company and its SubsidiariesNeenah Group. Therefore, the Executive agrees that, during the Employment Period and the Consulting Period and such other time as he is employed by Neenah or any other member of the Company Neenah Group and its Subsidiaries and during any applicable Post-Termination Period for eighteen months thereafter (the "Noncompete Period"), he Executive shall not directly or indirectly own, operate, manage, control, participate in, consult with, advise, provide render services for, or in any manner engage in any business (including by himself or in association with any person, firm, corporate or other business organization or through any other entity) in competition with, or potential competition with, competing with the businesses of the Company or its Subsidiaries Neenah Group as such businesses exist or are in process on the date of the termination of the Executive's employment, within any geographical area in which the Company or any of its Subsidiaries Neenah Group engages or plans on the date of the termination of Executive's employment to engage in such businesses. Nothing herein shall prohibit the Executive from being a passive owner of not more than 2% of the outstanding stock of a corporation which is publicly traded, so long as the Executive has no active participation in the business of such corporation. For purposes of this Section 5, ".
Appears in 1 contract
Samples: Employment and Consulting Agreement (Neenah Foundry Co)