Prohibited Competition. We have discussed, and you recognize and acknowledge the competitive and proprietary nature of the Company's business operations.
Prohibited Competition. Considering offers of employment from, seeking or accepting employment with, directly or indirectly providing professional services to, becoming a director of, or being an investor (representing more than a five (5) percent equity interest) in, (i) Fxxxxx Mxx (ii) all Federal Home Loan Banks (including the Office of Finance); and (iii) such other entities to which the Executive and the Company may agree in writing from time-to-time.
Prohibited Competition. The Employee recognizes and acknowledges the competitive and proprietary nature of the Company's business operations. The Employee acknowledges and agrees that a business will be deemed competitive with the Company if it engages in a line of business in which it performs any of the principal services provided or offered by the Company or any services designed or marketed primarily to fulfill the same function, whether or not similar (the Company's "Field of Interest"). The Employee further acknowledges and agrees that during the course of performing services for the Company, the Company will furnish, disclose or make available to Employee confidential and proprietary information related to the Company's business and that such confidential information has been developed and will be developed by the Company through the expenditure by the Company of substantial time, effort and money and that all such confidential information could be used by the Employee to compete with the Company. Accordingly, the Employee hereby agrees in consideration of the Company's agreement to hire the Employee and to pay the Employee's compensation for services rendered to the Company and in view of the position of trust to be held by the Employee and the confidential nature and proprietary value of the information which the Company may share with the Employee, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, as follows: During the term of the Employee's employment by the Company under this Agreement (the "Term") and for a period of two (2) years following the expiration or termination of the Term (the "Restricted Term"), whether such termination is voluntary or involuntary, the Employee shall not, without the prior written consent of the Company, at any place within the state of Colorado:
Prohibited Competition. In consideration of the grant of options by the Company to Executive agreed to in this Agreement, Executive agrees to be bound by this Section 3.3. Executive recognizes and acknowledges the competitive and proprietary nature of the Company’s business operations. Accordingly, Executive agrees that, during the term of his employment and for a period of twelve (12) months following termination of his employment for any reason including, but not limited, to termination for cause, without cause, voluntary termination, involuntary termination, or as a result of change of control, Executive shall not, without the prior written consent of the Company, for himself or on behalf of any other person or entity, directly or indirectly, either as principal, agent, stockholder, Executive, Executive representative or in any other capacity: (i) own, manage, operate or control, or be concerned, connected or employed by, or otherwise associate in any manner with, or engage in or have a financial interest in, any of the following companies or in the subsidiaries of any of the following companies: Intuitive Surgical, Stryker Endoscopy, Xxxx Xxxxx Imaging, Inc., ACMI, Olympus Medical, Medtronic Sofamor Xxxxx, Boston Scientific Endoscopy, Aesculap and Linvatec. Nothing contained herein shall preclude Executive from purchasing or owning stock in any such competitive business if such stock is publicly traded, and provided that Executive’s holdings do not exceed one percent (1%) of the issued and outstanding capital stock of such business. If any part of this section should be determined by a court of competent jurisdiction to be unreasonable in duration, geographic area, or scope, then this section is intended to and shall extend only for such period of time, in such geographic area and with respect to such activity as is determined by such court to be reasonable.
Prohibited Competition a. Consultant will not (i) directly or indirectly engage in or provide investment advisory or other personal services to any other private equity sponsor or any operating company competing directly with a Portfolio Company which Consultant is advising, or has advised, at any time during the term of the engagement, or (ii) engage in any Prohibited Competition (as defined below in Section 9(b), at any time during the term of his engagement or during the 12-month period following the expiration of his engagement, in each case, without the prior written consent of the Company; provided, however, Consultant shall be permitted to (X) make any personal investments permissible under applicable law and securities regulations unless such investment would be in a partnership or similar vehicle competing with a Carlyle partnership or vehicle attempting to secure the same investment (other than those investments made before the Commencement Date), and (Y) serve on any board of directors of a company unless the company is a competitor to Carlyle or any company in which Carlyle owns a significant minority or controlling position.
Prohibited Competition. You agree and covenant that, with respect to the business of the Company, until your termination of employment, whether or not such termination is voluntary or involuntary, and for a period of one (1) year following such termination, you shall not, without the prior written consent of the Company, for yourself or on behalf of any other, directly or indirectly, either as principal, agent, stockholder, employee, consultant, representative or in any other capacity, own, manage, operate or control, or be concerned, connected or employed by, or otherwise associate in any manner with, engage in or have a financial interest in any business which is directly or indirectly competitive with the business of the Company, including, without limiting the generality of the foregoing, any business engaged in manufacturing, marketing or sale of SIMOX wafers or the design and development of associated manufacturing equipment and processing techniques; PROVIDED, HOWEVER, that nothing contained herein shall preclude you from purchasing or owning stock in any such business if such stock is publicly traded, and provided that your holdings do not exceed three percent (3%) of the issued and outstanding capital stock of such business. You further agree that during such time, you will not attempt to or hire, or assist in the hiring of any director, officer or employee or agent of the Company, or encourage any person to terminate his or her employment or business relationship with the Company, encourage any customer or supplier of the Company to terminate its relationship with the Company, or obtain or assist in obtaining, for the benefit of any person or entity other than the Company or a Subsidiary, any customer or supplier of the Company.
Prohibited Competition. (a) We have discussed, and you recognize and acknowledge the competitive and proprietary nature of the Company’s business operations. You further acknowledge and agree that a business will be deemed competitive with the Company if it conducts planning or operations or otherwise engages in the Company’s Field of Interest (as defined herein). You further acknowledge and agree that, during the course of your performing services for the Company as a consultant and earlier as a member of the Board of Directors and as a consultant, the Company has already and will furnish, disclose or make available to you confidential and proprietary information related to the Company’s business. You also acknowledge that such confidential information has been developed and will be developed by the Company through the expenditure by the Company of substantial time, effort and money and that all such confidential information could be used by you to compete with the Company.
Prohibited Competition. For purposes of this Section 6, the term, “Company”, shall include all of the Company’s direct or indirect subsidiaries, if any.
Prohibited Competition. You shall not, without our prior written consent, directly or indirectly, be engaged or concerned or interested in a business similar to the Business, including having a financial interest in such a business that may enable you to influence its economic conduct, and neither shall you hold an interest of whatever nature in any legal entity, association, trust or partnership, the core business of which is the manufacturing and/or sale of rice. You will, however, be entitled to have shares in a business that generates its turnover through the sale of products of a similar nature of the Business, on the condition that such sale in the business does not exceed 30% of the turnover of that business.
Prohibited Competition. (a) Certain Acknowledgements and Agreements. ---------------------------------------
