Post Termination Covenants. During the term of Employee’s employment hereunder and for 12 months (“the Designated Period”) after termination of Employee’s employment hereunder, Employee will not (a) anywhere within any county in which any of the Companies conducts business, engage, directly or indirectly, alone or as a shareholder (other than as a holder of less than 1% of the common stock of any publicly traded corporation), partner, officer, director, employee, consultant or advisor, or otherwise in any way participate in or become associated with, any other business organization that is engaged or becomes engaged in any business that provides the same or any substantially similar services or products offered by any of the Companies during the term of Employee’s employment or at the time of Employee’s termination or that any of the Companies has notified Employee at any time prior to the time of such termination that it proposes to conduct and for which any of the Companies have, prior to the time of such termination, expended substantial resources (the “Designated Industry”), (b) solicit any employee of any of the Companies to leave its employ for alternative employment, or hire or offer employment to any person to whom Employee actually knows any of the Companies has offered employment, (c) solicit, or attempt to divert or otherwise interfere with the relationship with, any customers or suppliers of the Companies, and (d) disparage the Companies or any of their officers, directors or employees. Employee acknowledges that the provisions of this Section 9 are essential to protect the business and goodwill of the Companies. Employee will continue to be bound by the provisions of this Section §9 until their expiration and shall not be entitled to any compensation from CURO with respect thereto except as provided above. If at any time the provisions of this Section 9 shall be determined to be invalid or unenforceable by reason of being vague or unreasonable as to area, duration or scope of activity, this Section 9 shall be considered divisible and shall become and be immediately amended to only such area, duration and scope of activity as shall be determined to be reasonable and enforceable by the court or other body having jurisdiction over the matter; and Employee agrees that this Section 9 as so amended shall be valid and binding as though any invalid or unenforceable provision had not been included herein. Employee hereby acknowledges that he has agreed to be bound by the provisio...
Post Termination Covenants. 21.1 For the purposes of clause 21, Termination Date shall mean the date of the termination of the Employment howsoever caused (including, without limitation, termination by the Company which is in repudiatory breach of this Agreement).
21.2 The Executive covenants with the Company (for itself and as trustee and agent for each other Group Company) that he shall not, whether directly or indirectly, on his own behalf or on behalf of or in conjunction with any other person, firm, company or other entity:
(a) for the period of 12 months following the Termination Date (subject to clause 21.3 below), for the purposes of any business which competes or is about to compete with any business carried on by the Company or any Group Company, canvass, solicit, deal with or accept business or custom from or endeavour to canvass, solicit, deal with or accept business or custom from any person, firm, company or other entity who is, or was, in the 12 month period immediately prior to the Termination Date, a customer of the Company or any Group Company with whom the Executive had business dealings during the course of his employment in that 12 month period. Nothing in this clause 21.2(a) shall prohibit the seeking or doing of business not in direct or indirect competition with the business of the Company; and
(b) for the period of 12 months following the Termination Date (subject to clause 21.3 below), solicit or entice away or endeavour to solicit or entice away any individual who is employed or engaged by the Company or any Group Company as a director, fund manager or in a senior managerial or other specialist capacity and with whom the Executive had business dealings during the course of his employment in the 12 month period immediately prior to the Termination Date.
21.3 The period during which the restrictions referred to in clauses 21.2(a) and 21.2(b) shall apply following the Termination Date shall be reduced by the amount of time during which, if at all, the Company suspends the Executive under the provisions of clause 19.1.
21.4 The Executive agrees that if, during either his employment with the Company or the period of the restrictions set out in 21.2(a) and 21.2(b) (subject to the provisions of clause 21.3), he receives an offer of employment or engagement, he will provide a copy of clause 21 to the offeror as soon as is reasonably practicable after receiving the offer and will inform the Company of the identity of the offeror as soon as possible after the offer i...
Post Termination Covenants. The Employee acknowledges and agrees that the Proprietary Products are the exclusive and valuable property of the Company and may not be used by the Employee for any purpose of any kind, directly or indirectly, except during the term of this Agreement for the sole and exclusive benefit of the Company in his capacity as an employee of the Company and that the success of the Company depends on the Employee’s observance of his covenants in this Section 9.
Post Termination Covenants. 15.1 The Executive undertakes with the Company that he will not during the Restricted Period without the prior written consent of the Company, such consent not to be unreasonably withheld, whether by himself, through his employees or agents or otherwise and whether on his own behalf or on behalf of any other person, directly or indirectly:
15.1.1 in competition with the Company, within the Restricted Area, be employed, engaged or otherwise interested in the business of researching into, developing, manufacturing, distributing, selling, supplying or otherwise dealing with Restricted Goods or Restricted Services. This prohibition does not apply to the holding, directly or through nominees, of investments dealt on any Recognised Investment Exchange if the holding does not exceed three percent of the issued shares or other securities of any class of any one company;
15.1.2 in competition with the Company, solicit business from or canvass any Customer or Prospective Customer if such solicitation or canvassing is in respect of Restricted Goods or Restricted Services;
15.1.3 in competition with the Company, accept orders for Restricted Goods or Restricted Services from any Customer or Prospective Customer;
15.1.4 discourage any Supplier or Prospective Supplier from conducting or continuing to conduct business with the Company on the best terms available to the Company;
15.1.5 solicit or induce or endeavour to solicit or induce any person who on the date of termination of the Employment was a director or manager of the Company with whom the Executive had dealings during the Employment to cease working for or providing services to the Company, whether or not any such person would as a consequence commit a breach of contract; or
15.1.6 employ or otherwise engage in the business of researching into developing, manufacturing, distributing, selling, supplying or otherwise dealing with Restricted Goods or Restricted Services any person who was during the 12 months preceding the date of termination of the Employment employed or otherwise engaged by the Company and who by reason of such employment or engagement is in possession of any Confidential Information or who has acquired influence over Customers and Prospective Customers. References to the Executive in the definitions of Customer and Prospective Customer are to be replaced by references to the relevant employee for the purposes of the interpretation of clause15.
15.2 The Executive must not induce procure or assist...
Post Termination Covenants. 21.1 For the purposes of this Clause the following words and expressions shall have the following meanings:-
Post Termination Covenants. Employee hereby agrees that he shall not, for a period of (12) months from the date hereof, for whatever reason, directly, either as a principal, agent, employee, employer, shareholder, partner, or in any other capacity, solicit, through the use of the Company’s trade secrets, or attempt to cause any customer of the Company (or any subsidiary, affiliated, or holding companies) not to do business with the Company, nor shall Employee directly and knowingly solicit or attempt to solicit for employment, employ or disaffect any other employee of the Company (or any subsidiary, affiliated, or holding companies), other than through normal recruiting efforts applied generally to the public. In the event of a breach or threatened breach by Employee of any of the provisions of this paragraph, the Company, in addition to and not in limitation of any rights, remedies or damages available to the Company at law or in equity, shall be entitled to injunctive relief in order to prevent or to restrain any such breach by Employee or by Employee’s partners, agents, representatives, servants, employers, employees and/or any and all persons directly or indirectly acting for or with him. Employee further agrees that, for a period of two years from the date hereof, he will not initiate, promote, conduct or support a proxy contest that is adverse to the Company or that challenges a slate of directors nominated by the Company’s Board of Directors. For the avoidance of doubt, the provisions of this Section 11 supersede in all respects the provisions of Section 6 of the Employment Agreement.
Post Termination Covenants. The Employee acknowledges and agrees that the Proprietary Products are the exclusive and valuable property of the Company and may not be used by the Employee for any purpose of any kind, directly or indirectly, except during the term of this Agreement for the sole and exclusive benefit of the Company in his capacity as an employee of the Company and that the success of the Company depends on the Employee’s observance of his covenants in this Section 9.
9.1 In consideration of the rights and benefits hereunder including the Covenant Payments, the Employee agrees that so long as he is an employee or consultant of the Company and in addition, for a period of two (2) years after the date of termination or expiration of this Agreement if the Employee was terminated by the Company for Cause (“Restrictive Period A”), he shall not directly or indirectly:
9.1.1. Solicit, hire or retain any person who then is or has been an employee of or consultant to the Company within the six months prior to the Employee’s date of termination or separation, or persuade or entice any such employee or consultant to terminate or lessen the extent of his, her or its relationship with the Company.
9.1.2. Engage in any activity to interfere with, maliciously disrupt or damage the Business of the Company or its relationships with any of its clients, customers, distributors, suppliers, investors or other financial co-venturer or other business relationship.
9.2 In consideration of the rights and benefits hereunder including the Covenant Payment, the Employee agrees that so long as he is an employee or consultant of the Company and in addition, for a period of six months (6) months after the date of termination (but not any expiration) of this Agreement or one (1) year (“Restrictive Period B”, together with Restrictive Period A, the “Restrictive Period”) if the Employee was terminated by the Company for Cause, engage in, represent, furnish consulting services to, be employed by or possess an interest in, directly or indirectly (e.g., as owner, principal, director, officer, partner, landlord, lender, agent, consultant, shareholder or member), any other business venture of any kind that is engaged in the Company business, or the business of any of the Company’s affiliates, or any other business that the Company or its affiliates engages in significantly after the date hereof and defined as a Competing Business; provided, however, that the foregoing shall not restrict the Employee from holdi...
Post Termination Covenants. Notwithstanding the provisions of section 8.c. above, the continuation of the vesting period following retirement is contingent upon the Executive’s compliance with the limitations on his business activity, including; (i) refraining from competing in the reinsurance business in the locations where PartnerRe does business, and, (ii) refraining from soliciting employees or customers of PartnerRe to a company that competes in the reinsurance business in the locations where PartnerRe does business, and (iii) disclosing confidential information of PartnerRe (unless legally required to do so); until the sooner of (i) thirty–six months following retirement, or (ii) until all unvested RSUs granted pursuant to this agreement have vested.
Post Termination Covenants. 1. If during the term hereof employee shall cease employment hereunder for any reason, then employee agrees that for six months if dismissed for cause and one year without cause following such termination she will not be employed in the banking business or any related field thereto within a 30 mile radius of the Bank's primary office located at 00000 Xxxxx Xxxxxx Xxxx, Xxxxxxxxxx, Xxxxxxx 00000 or the location where employee is stationed, provided that the foregoing restrictions shall only apply to positions in which employee has duties that are the same or similar to those services actually performed by employee for the Bank. Furthermore, following such termination employee agrees that she will not, without the prior written consent of the Bank:
a. Furnish anyone with the name of, or any list or lists of customers of the Bank or utilize such list or information himself for banking purposes; or
b. Furnish, use, or divulge to anyone any information acquired by her from the Bank relating to the Bank's methods of doing business; or
c. Contact directly or indirectly any customer of the Bank with whom employee had material contact during the 12 months immediately preceding the termination of employment for banking solicitation purposes; or
d. Hire for any other Bank or employer (including herself) any employee of the Bank or directly or indirectly cause such employee to leave his or her employment to work for another.
2. It is understood and agreed by the parties hereto that the provisions of this section are independent of each other, and the invalidity of any such provision or portion thereof shall not affect the validity or enforceability of any other provisions of this agreement.
Post Termination Covenants. Employee acknowledges that certain information acquired while employed by Bank constitutes trade secrets and proprietary information which are the exclusive property of the Bank and that unauthorized use or disclosure of the same will irreparably harm Bank. Therefore, during any period during which Employee is receiving compensation pursuant to this Agreement, Employee shall not, without the prior written consent of the Bank:
(1) Furnish any person with the name of any customer of the Bank, or any list or list of customers of the Bank or otherwise use such customer names and lists in connection with any banking business, provided, that this prohibition shall not prevent compliance with a Court Order or subpoena directed to Employee in his/her official capacity with Bank;
(2) Furnish, use or divulge to any person any information acquired by Employee concerning the Bank's manner and methods of doing business;
(3) Solicit, directly or indirectly, for any purpose, the customers of the Bank;
(4) Hire, directly or indirectly, for himself or any other employer, any employee of Bank, or otherwise cause or encourage any employee of Bank to leave his or her employment to become employed by another. The parties agree that the restrictions and prohibitions set forth in this Section 6 are separate, discrete and independent. In the event that any single restriction or prohibition, or portion thereof, set forth in this Section 6 is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, such finding shall not affect the remaining restrictions and prohibitions which shall remain valid, binding and subsisting.
