Provisions Reasonable. It is acknowledged and agreed that:
(a) both before and since the Effective Date the Company has operated and competed and will operate and compete in a global market, with respect to the business of the Company set out in Schedule D attached hereto (the “Business”);
(b) competitors of the Company and the Business are located in countries around the world;
(c) in order to protect the Company adequately, any enjoinder of competition would have to apply world wide;
(d) during the course of your employment by the Company, both before and after the Effective Date, on behalf of the Company, you have acquired and will acquire knowledge of, and you have come into contact with, initiated and established relationships with and will come into contact with, initiate and establish relationships with, both existing and new clients, customers, suppliers, principals, contacts and prospects of the Company, and that in some circumstances you have been or may well become the senior or sole representative of the Company dealing with such persons; and
(e) in light of the foregoing, the provisions of Section 23 (Restrictive Covenant) below are reasonable and necessary for the proper protection of the business, property and goodwill of the Company and the Business.
Provisions Reasonable. It is acknowledged and agreed that:
(i) both before and since the Start Date the Company has operated and competed and will operate and compete in a global market, with respect to the Company’s Business;
(ii) competitors of the Company are located in countries around the world;
(iii) in order to protect the Company adequately, any enjoinder of competition would have to apply world-wide;
(iv) during the course of your employment by the Company, both before and after the Start Date, on behalf of the Company, you have acquired and will acquire knowledge of, and you have come into contact with, initiated and established relationships with and will come into contact with, initiate and establish relationships with, both existing and new clients, customers, suppliers, principals, contacts and prospects of the Company, and that in some circumstances you have been or may well become the senior or sole representative of the Company dealing with such persons; and
(v) in light of the foregoing, the provisions of Paragraphs 6, 7 and 8 are reasonable and necessary for the proper protection of the business, property and goodwill of the Company and the Company’s Business.
Provisions Reasonable. You hereby acknowledge and agree that:
5.4.1 during the course of your employment by the Company, you will acquire knowledge of, and you will come into contact with, initiate and established relationships with Key Contacts, and that in some circumstances you may be the senior or sole representative of the Company or any Affiliate of the Company dealing with such Persons; and
5.4.2 in light of the foregoing, the provisions of Section 5.3 (Restrictive Covenant) are reasonable and necessary for the proper protection of the business, property and goodwill of the Company and the Business and any Affiliate of the Company.
Provisions Reasonable. The Debtor acknowledges that the provisions of this Security Agreement and, in particular, those respecting rights, remedies and powers of the Secured Party and any Receiver against the Debtor, its business and any Collateral upon an Event of Default, are commercially reasonable and not manifestly unreasonable.
Provisions Reasonable. The Debtor expressly acknowledges and agrees that the provisions of this Agreement and, in particular, those respecting remedies and powers of the Collateral Agent against the Debtor, its business and the Collateral upon default, are commercially reasonable and not manifestly unreasonable.
Provisions Reasonable. Each Grantor expressly acknowledges and agrees that the provisions of this Security Agreement and, in particular, those respecting remedies and powers of the Collateral Agent against such Grantor, its business and the Collateral upon default, are commercially reasonable and not manifestly unreasonable.
Provisions Reasonable. You hereby acknowledge and agree that:
5.4.1 the Company has a material interest in preserving the relationships it has developed with its Key Contacts against impairment by competitive activities of a former employee;
5.4.2 during the course of your employment by the Company, you will acquire knowledge of, and you will come into contact with, initiate and establish relationships with Key Contacts, and that in some circumstances you may be the senior or sole representative of the Company or any Protected dealing with such Key Contacts; and
5.4.3 in light of the foregoing, the provisions of Section 5.3 (Restrictive Covenant) are reasonable and necessary for the proper protection of the business, property and goodwill of the Company and the Business and any Protected Affiliate and you further agree that these restrictions and your agreement to them are of major importance to the Company, which would not employ or continue to employ you if you did not agree to them. OFFICE 800.000.0000 FAX 600.000.0000 20 Xx. Xxxxx Xxxxxx Xxxx, Xxxxx 0000 Xxxxxxx, Xxxxxxx, X0X 0X0, Xxxxxx 4000 X 00xx Xx Xxxxxxxxxxxx, Xxxxxxx, 00000, XXX
Provisions Reasonable. You hereby acknowledge and agree that:
5.4.1 the Company has a material interest in preserving the relationships it has developed with its Key Contacts against impairment by competitive activities of a former employee;
5.4.2 during the course of your employment by the Company, you will acquire knowledge of, and you will come into contact with, initiate and establish relationships with Key Contacts, and that in some circumstances you may be the senior or sole representative of the Company or any Affiliate of the Company dealing with such Persons; and
5.4.3 in light of the foregoing, the provisions of Section 5.3 (Restrictive Covenant) are reasonable and necessary for the proper protection of the business, property and goodwill of the Company and the Business and any Protected Affiliate and you further agree that these restrictions and your agreement to them are of major importance to the Company, which would not employ or continue to employ you if you did not agree to them.
Provisions Reasonable. It is acknowledged and agreed that:
i. both before and since the Start Date the Company has operated and competed and will operate and compete in a global market, with respect to the Company’s Business;
ii. competitors of the Company are located in countries around the world; iii. in order to protect the Company adequately, any enjoinder of competition would have to apply world-wide;
Provisions Reasonable. The Borrower acknowledges that the provisions of this Agreement and, in particular, those respecting rights, remedies and powers of the Agent, the Investors or any Receiver against the Borrower, its business and any Collateral are commercially reasonable.
