Reasonable Restraint. It is agreed by the parties hereto that the foregoing covenants in this Section 13 impose a reasonable restraint on the Stockholders in light of the activities and business of Pentacon and the subsidiaries thereof on the date of the execution of this Agreement and the current plans of Pentacon; but it is also the intent of Pentacon and the Stockholders that such covenants be construed and enforced in accordance with the changing activities; business and locations of Pentacon and its subsidiaries throughout the term of this covenant. During the term of this covenant, if Pentacon or one of its subsidiaries engages in new and different activities, enters a new business or establishes new locations for its current activities or business in addition to or other than the activities or business it is currently conducting in the locations currently established therefor, then the Stockholders will be precluded from soliciting the customers or employees of such new activities or business or from such new location and from directly competing with such new activities or business within 100 miles of its then-established operating location(s) through the term of this covenant.
Appears in 8 contracts
Samples: Agreement and Plan of Organization (Pentacon Inc), Agreement and Plan of Organization (Pentacon Inc), Agreement and Plan of Organization (Pentacon Inc)
Reasonable Restraint. It is agreed by the parties hereto that the foregoing covenants in this Section 13 impose a reasonable restraint on the Stockholders in light of the activities and business of Pentacon Home and the subsidiaries thereof on the date of the execution of this Agreement and the current plans of PentaconHome; but it is also the intent of Pentacon Home and the Stockholders that such covenants be construed and enforced in accordance with the changing activities; business and locations of Pentacon Home and its subsidiaries throughout the term of this covenant. During the term of this covenant, if Pentacon Home or one of its subsidiaries engages in new and different activities, enters a new business or establishes new locations for its current activities or business in addition to or other than the activities or business it is currently conducting in the locations currently established therefortherefor (provided such activities or business are related to the business or operations of the retail manufactured housing business), then the Stockholders will be precluded from soliciting the customers or employees of such new activities or business or from such new location and from directly competing with such new activities or business within 100 miles of its then-established operating location(s) through the term of this covenant.
Appears in 6 contracts
Samples: Agreement and Plan of Organization (Homeusa Inc), Agreement and Plan of Organization (Homeusa Inc), Agreement and Plan of Organization (Homeusa Inc)
Reasonable Restraint. It is agreed by the parties hereto that the foregoing covenants in this Section 13 impose a reasonable restraint on the Stockholders Stockholder in light of the activities and business of Pentacon and the subsidiaries thereof on the date of the execution of this Agreement and the current plans of Pentacon; but it is also the intent of Pentacon and the Stockholders Stockholder that such covenants be construed and enforced in accordance with the changing activities; business and locations of Pentacon and its subsidiaries throughout the term of this covenant. During the term of this covenant, if Pentacon or one of its subsidiaries engages in new and different activities, enters a new business or establishes new locations for its current activities or business in addition to or other than the activities or business it is currently conducting in the locations currently established therefor, then the Stockholders Stockholder will be precluded from soliciting the customers or employees of such new activities or business or from such new location and from directly competing with such new activities or business within 100 miles of its then-established operating location(s) through the term of this covenant.
Appears in 2 contracts
Samples: Agreement and Plan of Organization (Pentacon Inc), Agreement and Plan of Organization (Pentacon Inc)
Reasonable Restraint. It is agreed by the parties hereto that the foregoing covenants in this Section 13 impose a reasonable restraint on the Stockholders in light of the activities and business of Pentacon Metals and the its subsidiaries thereof on the date of the execution of this Agreement and the current plans of PentaconMetals; but it is also the intent of Pentacon Metals and the Stockholders that such covenants be construed and enforced in accordance with the changing activities; business and locations of Pentacon Metals and its subsidiaries throughout the term of this covenant. During the term of this covenant, if Pentacon Metals or one of its subsidiaries engages in new and different activities, enters a new business or establishes new locations for its current activities or business in addition to or other than the activities or business it is currently conducting in the locations currently established therefor, then the Stockholders will be precluded from soliciting the customers or employees of such new activities or business or from such new location and from directly competing with such new activities or business within 100 miles of its then-established operating location(s) through the term of this covenant.
Appears in 2 contracts
Samples: Agreement (Metals Usa Inc), Agreement (Metals Usa Inc)
Reasonable Restraint. It is agreed by the parties hereto that the foregoing covenants in this Section 13 impose a reasonable restraint on the Stockholders Stockholder in light of the activities and business of Pentacon Home and the subsidiaries thereof on the date of the execution of this Agreement and the current plans of PentaconHome; but it is also the intent of Pentacon Home and the Stockholders Stockholder that such covenants be construed and enforced in accordance with the changing activities; business and locations of Pentacon Home and its subsidiaries throughout the term of this covenant. During the term of this covenant, if Pentacon Home or one of its subsidiaries engages in new and different activities, enters a new business or establishes new locations for its current activities or business in addition to or other than the activities or business it is currently conducting in the locations currently established therefortherefor (provided such activities or business are related to the business or operations of the retail manufactured housing business), then the Stockholders Stockholder will be precluded from soliciting the customers or employees of such new activities or business or from such new location and from directly competing with such new activities or business within 100 miles of its then-established operating location(s) through the term of this covenant.
Appears in 2 contracts
Samples: Agreement and Plan of Organization (Homeusa Inc), Agreement and Plan of Organization (Homeusa Inc)