Common use of Post Termination Covenants Clause in Contracts

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 provisions of this Section 9 in consideration for the compensation, severance and other benefits to be provided by CURO to Employee pursuant to the terms of this Agreement.

Post Termination Covenants. During the term of Employee’s employment hereunder and for 12 24 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 provisions of this Section 9 in consideration for the compensation, severance and other benefits to be provided by CURO to Employee pursuant to the terms of this Agreement.

Post Termination Covenants. During Since Executive is likely to obtain in the term course of Employeehis employment with the Company Confidential Information as defined in Section 10 (a)(ii) above, Executive shall, in addition to the restrictions contained in Section 10 (a), (b) and (c) above, be bound by the following restrictions throughout the world (the “Restricted Territory”) during the one (1) year period following the termination of Executive’s employment hereunder (irrespective of cause or manner of termination). In the alternative, and for 12 months only if the above territory is deemed by a court of competent jurisdiction to be unreasonable or otherwise invalid or unenforceable, then the Restricted Territory shall be defined as each country within the Company’s Asia Pacific region where the Company’s quick service restaurant business operates at the time of Executive’s termination. Additionally, in the alternative, and only if the above territories (“i.e., throughout the Designated Period”world and each country within the Company’s Asia Pacific region where the Company’s quick service restaurant business operates) after termination are both deemed by a court of Employee’s employment hereundercompetent jurisdiction to be unreasonable or otherwise invalid or unenforceable, Employee will not (a) anywhere within any county in which any then the Restricted Territory shall be each of the Companies conducts countries named in Exhibit “A”, attached and made a part hereof, being the countries within the Company’s Asia Pacific region where the Company’s quick service restaurant business operates.” (i) Executive will not, without the Company’s prior written consent, directly or indirectly engage in any activities, or be employed in, render services for, serve as agent of or consultant to, any business in competition with or detrimental to the Company’s quick service restaurant business; (ii) Executive will not, engagewithout the Company’s prior written consent, directly or indirectly engage in business either alone or as a partner, member, principal, stockholder or other owner of any Person, or be concerned as a director for any Person which is engaged in the quick service restaurant business; (iii) Executive will not, without the Company’s prior written consent, assist with technical advice to any person or entity which is engaged in the quick service restaurant business; and (iv) Executive will not, without the Company’s prior written consent, directly or indirectly, alone by himself or as a shareholder (other than as a holder of less than 1% of the common stock through any third party, whether on Executive’s own behalf or on behalf of any publicly traded corporation), partner, officer, director, employee, consultant other person or advisor, entity: (1) solicit 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 endeavour to solicit 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 services of any of the Companies to leave its employ for alternative employmentEmployee, Service Provider or hire or offer employment to any person to whom Employee actually knows any of the Companies has offered employment, Franchisee; or (c2) solicit, or attempt to divert or otherwise interfere with the relationship with, any customers or suppliers of the Companies, and (d) disparage the Companies Company or any of their officersits Affiliates with any Employee, directors Service Provider or employeesFranchisee; or (3) attempt to establish a business relationship of a nature that is in competition with or detrimental to the Company’s quick service restaurant business with any Employee, Service Provider or Franchisee. Employee acknowledges that While the provisions of restrictions described in this Section 9 sub-paragraph 10(d) are essential to protect the business and goodwill of the Companies. Employee will continue to be bound considered 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 parties to be reasonable and enforceable in all the circumstances it is agreed that if any one or more of such restrictions shall either taken by itself or themselves together be adjudged to go beyond what is reasonable in all 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 provisions of this Section 9 in consideration circumstances for the compensationprotection of the Company’s legitimate interest but would be adjudged reasonable if any particular restriction or restrictions were deleted or if any part or parts of the wording thereof were deleted, severance and other benefits to be provided by CURO to Employee pursuant to restricted or limited in any particular manner then the terms of this Agreementsaid restrictions shall apply with such deletions, restrictions or limitations as the case may be.

Post Termination Covenants. During At such time as Employee's employment by Employer terminates, whether during the term initial contract period of Employee’s employment hereunder or thereafter, and for 12 months whether such termination be voluntary or involuntary (“but excluding a termination as a result of the Designated Period”) after termination nonrenewal of Employee’s employment hereunderthis agreement), Employee agrees that for six (6) months following such termination he will not engage (aeither individually or as an employee or representative of any other person or entity) anywhere within any county in banking activities, in which any chartered national or state banks may at that time legally be engaged, within a five (5) mile radius of the Companies conducts businessBank's Headquarters. The employees to not furnish, engageuse, directly or indirectlydivulge to anyone any confidential information of Employer acquired by him from Employer and relating to Employer's business activities and further agrees, alone or in the event there has been no Change in Control (as a shareholder (other than as a holder of less than 1% of the common stock of any publicly traded corporationdefined hereinafter), 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 six (6) months following such termination, expended substantial resources Employee agrees that he will not, without the prior written consent of Employer: (i) furnish anyone with the “Designated Industry”), (b) solicit any employee of any of the Companies to leave its employ for alternative employmentname of, or hire any list 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 withlists which identify, any customers or suppliers stockholders of Employer or utilize such list or information himself; (ii) contact directly or indirectly any customer of Employer for the Companies, purpose of soliciting such person's business for another bank or similar financial institution; (iii) hire for any other employer (including himself) any employee of Employer or directly or indirectly cause such employee to leave his or her employment to work for another; (iv) pursue an actual or potential business opportunity of interest to and (d) disparage which could be pursued by Employer which came to the Companies or any attention of their officers, directors or employees. Employee acknowledges that the provisions of this Section 9 are essential to protect the business in connection with his employment with Employer and goodwill of the Companies. which 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 hereinpreviously offered in writing to Employer with sufficient advance notice to allow Employer to examine and pursue or reject such opportunity. Employee hereby acknowledges that he has agreed to be bound by Excepted from the provisions requirements of subparagraph (i) in this Section 9 in consideration for the compensation, severance and other benefits to be provided by CURO to Employee pursuant to the terms paragraph is any information which is or becomes publicly available information through no fault or act of this AgreementEmployee.

Post Termination Covenants. During the term of At such time as Employee’s employment hereunder and for 12 months (“by Employer terminates, whether during the Designated Period”) after termination of Employee’s employment hereunderinitial term hereof or thereafter, Employee agrees that for two (2) years following such termination he will not (a) anywhere within any county in which any of the Companies conducts business, engage, directly or indirectly, alone or serve as a shareholder (other than as a holder of less than 1% of the common stock of any publicly traded corporation), partnerdirector, officer, director, employee, consultant or advisororganizer or promoter of, or otherwise in any way participate in or become associated withprovide executive management services to, any other business organization that is engaged or becomes entity engaged in any business banking activities which are competitive with those in which the Bank has engaged within the twelve (12) months immediately preceding such termination within fifteen (15) miles of the outside boundary of the Bank’s Primary Service Area, as identified in the national bank charter application filed by Employer with the OCC, as that provides Primary Service Area has been or may be amended from time to time with the same OCC’s approval. (i) furnish anyone with the name of, or any substantially similar services list or products offered by lists which identify any customers or stockholders of the Companies during Employer or utilize such list or information himself (ii) furnish, use or divulge to anyone any confidential information of Employer acquired by him from Employer and relating to Employers business activities; (iii) pct directly or indirectly any customer of Employer for the term purpose of Employeesoliciting such person’s employment business for another bank or at the time of Employee’s termination or that similar financial institution; (iv) hire for 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 other employer (the “Designated Industry”), (bincluding himself) solicit any employee of any Employer or directly or indirectly cause such business opportunity of interest to and which could be pursued by Employer which came to the Companies attention of Employee in connection with his employment with Employer and which Employee had not previously offered in writing to leave its employ for alternative employment, Employer with sufficient advance notice to allow Employer to examine and pursue or hire or offer employment to any person to whom Employee actually knows any reflect such opportunity. Exempted from the requirements of the Companies has offered employment, subparagraphs (ci) solicit, or attempt to divert or otherwise interfere with the relationship with, any customers or suppliers of the Companies, and (dii) disparage in this paragraph is any information which is or becomes publicly available information through no fault or act of Employee. It is understood and agreed by the Companies or any of their officers, directors or employees. Employee acknowledges parties hereto that the provisions of this Section 9 paragraph are essential independent of each other, and 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 extent any compensation from CURO with respect thereto except as provided above. If at any time the provisions of this Section 9 provision or portion thereof shall be determined by a court of competent jurisdiction to be invalid unenforceable, such determination shall not affect the validity or unenforceable by reason enforceability 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 any 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 provisions of this Section 9 in consideration for paragraph or the compensation, severance and other benefits to be provided by CURO to Employee pursuant to the terms remainder of this Agreement.

Post Termination Covenants. During the term of At such time as Employee’s employment hereunder and for 12 months (“by-Employer terminates, whether during the Designated Period”) after termination of Employee’s employment hereunderinitial term hereof or thereafter, Employee agrees that for one (1) year following such termination he will not not, without the prior written consent of Employer: (a1) anywhere within any county in which any of the Companies conducts business, engage, directly or indirectly, alone or serve as a shareholder (other than as a holder of less than 1% of the common stock of any publicly traded corporation), partnerdirector, officer, directoremployee or organizer of any entity engaged in banking activities which are competitive with those in which the Bank has engaged within the .twelve (12) months immediately preceding such termination within fifteen.(15) miles of the outside boundary of the Bank’s Primary Service Area, employeeas that Area has been or may be amended from, consultant time to time; (ii) directly or advisorindirectly solicit, divert or appropriate to or for a competing business any person or entity that was a customer of the Employer on the date of termination and- with whom the Employee. has had material contact; (iii) furnish anyone with the name of, or otherwise in any way participate in list or become associated withlists which identify any customers or stockholders of the Employer or utilize such list or information himself; (iv) furnish, use or divulge to anyone any confidential information of Employer acquired by him from Employer and relating to Employer’s business activities; (v) hire for any other business organization that employer (including himself) any employee of Employer. Exempted from the requirements of this paragraph is engaged any information which is or becomes engaged in any business that provides the same publicly available Information through no fault or any substantially similar services or products offered by any of the Companies during the term act of Employee’s employment or at , and any former employee no longer with the time Employer. The provisions of this paragraph do not apply if the Employee’s termination or that any of the Companies has notified Employee at any time prior is due to a Change in Control. Pursuant to the time terms and conditions of such termination that it proposes to conduct paragraph 3. It is understood and for which any of the Companies haveagreed by the, 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 parties hereto that the provisions of this Section 9 paragraph are essential independent of each other, and 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 extent any compensation from CURO with respect thereto except as provided above. If at any time the provisions of this Section 9 provision or portion thereof shall be determined .by a court of competent jurisdiction to be invalid unenforceable, such determination shall not affect the validity or unenforceable by reason enforceability 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 any 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 provisions of this Section 9 in consideration for paragraph or the compensation, severance and other benefits to be provided by CURO to Employee pursuant to the terms remainder of this Agreement. The Employee acknowledges and agrees that (i) the above covenants are reasonable; (ii) the Employee has received adequate consideration for each of these covenants; and (iii) each of these covenants is reasonable and necessary to protect and preserve the interests and properties. of the Employer.

Post Termination Covenants. During the term of 7.1 At such time as Employee’s employment hereunder and for 12 months (“by Employer terminates, whether during the Designated Period”) after termination initial term of Employee’s employment hereunderor thereafter, Employee agrees that for six (6) months following such termination he will not engage (a) anywhere within any county in which any of the Companies conducts business, engage, directly or indirectly, alone either individually or as a shareholder (other than as a holder of less than 1% of the common stock of any publicly traded corporation), partner, officeran employee, director, employee, consultant or advisor, or otherwise in any way participate in or become associated with, representative of any other business organization that is engaged person or becomes engaged entity) in any business that provides activity in which the same Bank or any substantially similar services of its affiliates engages or products offered by has formulated plans to engage, within a five (5) mile radius of any location of the Companies during the term Bank, or any location 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 its affiliated banks. 7.2 Furthermore, for which any of the Companies have, prior to the time of one (1) year following such termination, expended substantial resources (Employee agrees that he will not, without the “Designated Industry”), (bprior written consent of Employer:(i) solicit any employee of any of furnish anyone with the Companies to leave its employ for alternative employmentname of, or hire any list 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 withlists which identify, any customers or suppliers stockholders of the CompaniesEmployer or utilize such list or information himself; (ii) furnish, use, or divulge to anyone any confidential information of Employer acquired by him from Employer and relating to Employer’s business activities; (iii) solicit any customer of Employer for such person’s business for another bank or similar financial institution; (iv) solicit for any other employer (including himself) any employee of the Employer; (v) pursue an actual or potential business opportunity of interest to and which could be pursued by Employer which came to the attention of Employee in connection with his employment with Employer and which Employee had not previously offered in writing to Employer with sufficient advance notice to allow Employer to examine and pursue or reject such opportunity. Excepted from the requirements of subparagraphs (i) and (dii) disparage in this paragraph is any information which is or becomes publicly available information through no fault or act of Employee. 7.3 It is understood and agreed by the Companies or any of their officers, directors or employees. Employee acknowledges parties hereto that the provisions of this Section 9 section are essential independent of each other, and 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 extent any compensation from CURO with respect thereto except as provided above. If at any time the provisions of this Section 9 provision or portion thereof shall be determined by a court of competent jurisdiction to be invalid unenforceable, such determination shall not affect the validity or unenforceable by reason enforceability 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 any 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 provisions of this Section 9 in consideration for paragraph or the compensation, severance and other benefits to be provided by CURO to Employee pursuant to the terms remainder of this Agreement.

Post Termination Covenants. During At such time as Employee's employment by Employer terminates, whether during the term initial contract period of Employee’s employment hereunder and for 12 months (“the Designated Period”) after termination of Employee’s employment hereunderor thereafter, Employee agrees that for one (1) year following such termination he will not engage (aeither individually or as an employee or representative of any other person or entity) anywhere within any county in banking activities, in which any chartered national or state banks may at that time legally be engaged, within a ten (10) mile radius of the Companies conducts businessBank's headquarters. Furthermore, engage, directly or indirectly, alone or as a shareholder for one (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 ) year following such termination, expended substantial resources Employee agrees that he will not, without the prior written consent of Employer: (i) furnish anyone with the “Designated Industry”), (b) solicit any employee of any of the Companies to leave its employ for alternative employmentname of, or hire any list 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 withlists which identify, any customers or suppliers stockholders of the CompaniesEmployer or utilize such list or information himself; (ii) furnish, use, or divulge to anyone any confidential information of Employer acquired by him from Employer and relating to Employer's business activities; (iii) contact directly or indirectly any customer of Employer for the purpose of soliciting such person's business for another bank or similar financial institution; (iv) hire for any other employer (including himself) any employee of Employer or directly or indirectly cause such employee to leave his or her employment to work for another; (v) pursue an actual or potential business opportunity of interest to and which could be pursued by Employer which came to the attention of Employee in connection with his employment with Employer and which Employee had not previously offered in writing to Employer with sufficient advance notice to allow Employer to examine and pursue or reject such opportunity. Excepted from the requirements of subparagraphs (i) and (dii) disparage in this paragraph is any information which is or becomes publicly available information through no fault or act of Employee. It is understood and agreed by the Companies or any of their officers, directors or employees. Employee acknowledges parties hereto that the provisions of this Section 9 paragraph are essential independent of each other, and to protect the business and goodwill extent any provision or portion thereof shall be deter-mined by a court of the Companies. Employee will continue competent jurisdiction to be bound by unenforceable, such determination shall not affect the provisions validity or enforceability of any other provision 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 paragraph or the provisions remainder 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 provisions of this Section 9 in consideration for the compensation, severance and other benefits to be provided by CURO to Employee pursuant to the terms of this Agreementagreement.