Noncompetition by Employee. During the term of this Agreement, Employee shall not, directly or indirectly, either as an employee, independent contractor, consultant, agent, principal, partner, stockholder, corporate officer, director of any entity, or in any other individual or representative capacity, without the prior written consent of the Company, (1) engage, either directly or indirectly, in any business which is in competition in any manner with that of the Company or any Group Company or (2) attempt to influence any person or entity not to do business with the Company or any Group Company.
Noncompetition by Employee. Employee shall not, during the term of this Agreement, directly or indirectly, either as an employee, employer, consultant, agent, principal, stockholder, officer, director, or in any other individual or representative capacity, engage or participate in any competitive banking or financial services business.
Noncompetition by Employee. During the term of this Agreement, and for a period of one (1) year following the termination of this Agreement, Employee shall not, directly or indirectly, either as an employee, employer, consultant, agent, principal, partner, principal stockholder, corporate officer, director, or in any other individual or representative capacity: (i) engage or participate in any business that is in competition in any manner with the business of Employer; (ii) divert, take away or attempt to divert or take away (and during the one year period, call on or solicit) any of Employer's clients within the United States. For purposes of this Agreement, the term "Employer's clients" shall mean clients who had a business relationship with Employer prior to Employee's employment with Employer and those who develop a business relationship with Employer, during Employee's employment with Employer; (iii) undertake planning for or organization of any business within the United States or in any other country in which Employer is engaged in business activity competitive with Employer's business within the United States or in any other country in which Employer is engaged in business or combine or conspire with employees or other representative of Employer's business within the United States or in any other country in which Employer is engaged in business for the purpose of organizing any such competitive activity within the United States or in any other country in which Employer is engaged in business; or (iv) induce or influence (or seek to induce or influence) any person who is engaged, as an employee, agent, independent contractor or otherwise by Employer within the United States or in any other country in which Employer is engaged in business to terminate his or her employment or engagement.
Noncompetition by Employee. (a) During the term of this Agreement and for a period of two (2) years after Employee has ceased to be employed by Company for any reason, Employee shall not, without the prior written consent of a duly authorized officer of Company, directly or indirectly (i) engage in the business of, or (ii) assist or have an interest in (whether as proprietor, partner, investor, stockholders, officer, director or any type of principal whatsoever), or (iii) enter the employment of or act as an agent, advisor, or consultant to any person, firm, partnership, association, corporation, business organization, entity or enterprise that is, or is to become, directly or indirectly, engaged in any business actually or potentially competitive with that of Company in any area or territory in which Company offers its services or products.
(b) During the term of this Agreement, and for a period of two (2) years after Employee has ceased to be employed by Company for any reason, Employee shall not, without the prior written consent of a duly authorized officer of Company, solicit from any person, company, firm or organization, or any affiliate of the foregoing, which was or is a client or associated firm of Company or which Company was soliciting as a client or associated firm of Company during any of the twelve (12) months immediately preceding the termination or expiration of the Agreement, any business substantially similar to that done by Company, including but not limited to any business Employee was soliciting or on which he worked while employed by Company.
Noncompetition by Employee. During the term of this Agreement, Employee shall not, directly or indirectly, either as an employee, employer, consultant, agent, principal, partner, stockholder, corporate officer, director, or in any other individual or representative capacity, engage or participate in any competing banking business; provided, however, Employee shall not be restricted by this paragraph from owning securities of corporations listed on a national securities exchange or regularly traded by national securities dealers, so long as such investment does not exceed one percent (1%) of the market value of the outstanding securities of such corporation.
Noncompetition by Employee. Employee shall not, during the term of this Agreement, directly or indirectly, either as an employee, employer, consultant, agent, principal, stockholder, officer, director, member or in any other individual or representative capacity, engage or participate in any business that is in competition with the business of Employer. Nothing in this Agreement shall be interpreted to prohibit Employee from making passive personal investments so long as such interests do not create a conflict of interest with the Employer. However, Employee shall not directly or indirectly acquire, hold, or retain any material interest in any business competing with or similar in nature to the business of Employer.
Noncompetition by Employee. During the term of this Agreement, Employee shall not, directly or indirectly, either as an employee, employer, consultant, agent, principal, partner, stockholder, corporate officer, director, or in any other individual or representative capacity, engage or participate in any business competitive with Employer or any of its affiliates; provided, however, Employee shall not be restricted by this section from owning securities of corporations listed on a national securities exchange or regularly traded by national securities dealers so long as (except with respect to Employee's ownership of securities of Employer or any successor in interest of Employer) such investment does not exceed one (1) percent of the market value of the outstanding securities of such corporation.
Noncompetition by Employee. Employee is subject to noncompetition obligations pursuant to Section 3.1 of that certain Agreement and Plan of Merger, dated as of June 26, 2015, by and among Indaba Group, LLC, a Colorado limited liability company, Employee, Xxxxx Xxxxx, Xxxx Xxxxx, CloudCommerce, and Warp 9, Inc., a Delaware corporation (the "Merger Agreement"). Upon the expiration of the term of those obligations, and if Employee is then employed by the Company, then thereafter and throughout the remaining term of this Agreement, Employee shall not, directly or indirectly, either as an employee, employer, consultant, agent, principal, partner, stockholder (in a private company), corporate officer, director, or in any other individual or representative capacity, engage or participate in any business that is in direct competition with the business of the Company or its affiliates. Furthermore, any commissions, referral fees or other compensation paid to Employee by other payors during the term of this Agreement will be the property of the Company, and therefore, all such compensation will promptly be remitted by Employee to the Company.
Noncompetition by Employee. Subject to Paragraph 3 hereof, and absent the prior written consent of Employer, Employee shall not, during the term of this Agreement, directly or indirectly, either as an employee, employer, consultant, agent, principal, stockholder, officer, director, or in any other individual or representative capacity, engage or participate in any competitive banking or financial services business, provided, however, that a passive portfolio investment in shares of stock of a publicly traded company, in an amount not exceeding five percent (5%) of the outstanding shares of said company, would not be prevented by this Paragraph 4.
Noncompetition by Employee. In addition to any other noncompetition covenants of Employee to the Company pursuant to that certain Stock Purchase Agreement, dated March 30, 2006, by and between the Company, Employee, and InterMetro (the “Stock Purchase Agreement”), Employee agrees that during the term of this Agreement and during any period that Employee is receiving any payments or benefits from the Company, Employee will not directly or indirectly, whether (a) as employee, agent, consultant, employer, principal, partner, officer or director; (b) holder of five percent or more of any class of equity securities or five percent or more of the aggregate principal amount of any class of debt, notes or bonds of a company with publicly traded equity securities; or (c) in any other individual or representative capacity whatsoever, in each case for his own account or the account of any other person or entity, engage in any business or trade competing with any of the businesses or trades of the Company, its parent, subsidiaries, or affiliates, which they conduct as of the closing date of the Stock Purchase Agreement, during the term of this Employment Agreement, or as of the termination of this Employment Agreement, anywhere in the world in which the Company, its parent, subsidiaries, or affiliates are carrying on such trade or business.
