Common use of Scope of Covenant Clause in Contracts

Scope of Covenant. The Executive agrees that during the Term and ----------------- for a period equal to the longer of (i) one (1) year commencing upon the expiration or termination of the Executive's employment hereunder (for any reason whatsoever) or (ii) the period during which the Executive is entitled to receive and is receiving any payment pursuant to Section 5 hereof, the Executive shall not, directly or indirectly, for himself or on behalf of or in conjunction with any other person, persons, company, partnership, corporation or business of whatever nature, without the prior written consent of the Company: (i) engage, as an officer, director, shareholder, owner, partner, joint venturer, or in a managerial capacity, whether as an employee, independent contractor, consultant or advisor, or as a sales representative, in any business selling any products or services in direct competition with the Company within 100 miles of the principal executive offices or the principal operations of the Company (the "Territory"); (ii) call upon any person who is at that time, or who was at any time within one (1) year prior to that time, an employee of the Company (including the respective subsidiaries thereof) in a managerial capacity for the purpose or with the intent of enticing such employee away from or out of the employ of the Company (including the respective subsidiaries thereof), provided that the Executive shall be permitted to call upon and hire any member of his immediate family; (iii) call upon any person or entity which is, at that time, or which has been, within one (1) year prior to that time, a customer of the Company (including the respective subsidiaries thereof) within the Territory for the purpose of soliciting or selling products or services in direct competition with the Company (including the respective subsidiaries thereof) within the Territory; or (iv) call upon any prospective acquisition candidate, on the Executive's own behalf or on behalf of any competitor, which candidate was either called upon by the Company (including the respective subsidiaries thereof) or for which the Company (including the respective subsidiaries thereof) made an acquisition analysis, for the purpose of acquiring such entity; provided, however, that nothing in this Section 7(a) shall be construed to -------- ------- preclude the Executive from making any investments in the securities of any business enterprise whether or not engaged in competition with the Company or any of its subsidiaries, to the extent that such securities are actively traded on a national securities exchange or in the over-the-counter market in the United States or on any foreign securities exchange.

Scope of Covenant. The Executive agrees You agree that during the Employment Term and ----------------- for a period equal to the longer of two (i2) one (1) year years commencing upon the expiration or termination of the Executive's your employment hereunder (for any reason whatsoever) or (ii) the period during which the Executive is entitled to receive and is receiving any payment pursuant to Section 5 hereof, the Executive you shall not, directly or indirectly, for himself yourself or on behalf of or in conjunction with any other person, persons, company, partnership, corporation or business of whatever nature, without the prior written consent of the Company: (i) engage, as an officer, director, shareholder, owner, partner, joint venturer, or in a managerial capacity, whether as an employee, independent contractor, consultant or advisor, or as a sales representative, in any business selling any products or services in direct competition with the Company within 100 miles of the principal executive offices or the principal operations of the Company United States (the "“Territory"”), where the services you would provide to such business are similar to the services you provided to the Company; (ii) call upon any person who is at that time, or who was at any time within one (1) year prior to that time, an employee of the Company (including the respective subsidiaries thereof) in a managerial capacity for the purpose or with the intent of enticing such employee away from or out of the employ of the Company (including the respective subsidiaries thereof), provided that the Executive you shall be permitted to call upon and hire any member of his your immediate family; (iii) call upon any person or entity which is, at that time, or which has been, within one (1) year prior to that time, a customer of the Company (including the respective subsidiaries thereof) within the Territory for the purpose of soliciting or selling products or services in direct competition with the Company (including the respective subsidiaries thereof) within the Territory; or (iv) call upon any prospective acquisition candidate, on the Executive's your own behalf or on behalf of any competitor, which candidate was either called upon by the Company (including the respective subsidiaries thereof) or for which the Company (including the respective subsidiaries thereof) made an acquisition analysis, for the purpose of acquiring such entity; provided, however, that nothing in this Section 7(a9(a) shall be construed to -------- ------- preclude the Executive you from making any investments in the securities of any business enterprise enterprise, whether or not engaged in competition with the Company or any of its subsidiaries, to the extent that such securities are actively traded on a national securities exchange or in the over-the-counter market in the United States or on any foreign securities exchange. For purposes of this Agreement, “businesses in competition with the Company” are any entities or persons who make senior, and subordinated loans to small and medium sized private businesses, or to businesses that are substantially owned by buyout or venture capital funds or similar institutional investors.

Scope of Covenant. The Executive agrees that during the Term and ----------------- for a period equal to the longer of (i) one (1) year commencing upon the expiration or termination of the Executive's ’s employment hereunder (for any reason whatsoever) or and (ii) the period during which the Executive is entitled to receive receiving the full and is receiving any payment timely payments pursuant to Section 5 hereof, the Executive shall not, directly or indirectly, for himself or on behalf of or in conjunction with any other person, persons, company, partnership, corporation or business of whatever nature, without the prior written consent of the Company: (i) engage, as an officer, director, shareholder, owner, partner, joint venturer, or in a managerial capacity, whether as an employee, independent contractor, consultant or advisor, or as a sales representative, in any business selling any products or services in direct competition with the Company within 100 miles of the principal executive offices or the principal operations of the Company United States (the "“Territory"”); (ii) call upon any person who is at that time, or who was at any time within one (1) year prior to that time, an employee of the Company (including the respective subsidiaries thereof) in a managerial capacity for the purpose or with the intent of enticing such employee away from or out of the employ of the Company (including the respective subsidiaries thereof), provided that the Executive shall be permitted to call upon and hire any member of his immediate family; (iii) call upon any person or entity which is, at that time, or which has been, within one (1) year prior to that time, a customer of the Company (including the respective subsidiaries thereof) within the Territory for the purpose of soliciting or selling products or services in direct competition with the Company (including the respective subsidiaries thereof) within the Territory; or (iv) call upon any prospective acquisition candidate, on the Executive's ’s own behalf or on behalf of any competitor, which candidate was either called upon by the Company (including the respective subsidiaries thereof) or for which the Company (including the respective subsidiaries thereof) made an acquisition analysis, for the purpose of acquiring such entity; provided, however, that nothing in this Section 7(a) shall be construed to -------- ------- preclude the Executive from making any investments in the securities of any business enterprise enterprise, whether or not engaged in competition with the Company or any of its subsidiaries, to the extent that such securities are actively traded on a national securities exchange or in the over-the-counter market in the United States or on any foreign securities exchange; and provided further, however, that nothing shall preclude the Executive from serving as an employee, officer or board member of Gladstone Land Corporation, Gladstone Capital Corporation, Gladstone Commercial Corporation, and related entities, and such other entities as the Company is engaged to serve as manager or advisor in the future. For purposes of this Agreement, “businesses in competition with the Company” are any entities or persons that advise investors to make, or that themselves make senior, subordinated and mezzanine loans or make preferred and common stock investments in small and medium sized private businesses or that buy commercial or industrial real estate.

Scope of Covenant. The Executive agrees that during the Term and ----------------- for a period equal to the longer of (i) one (1) year commencing upon the expiration or termination of the Executive's employment hereunder (for any reason whatsoever) or and (ii) the period during which the Executive is entitled to receive receiving the full and is receiving any payment timely payments pursuant to Section 5 hereof, the Executive shall not, directly or indirectly, for himself or on behalf of or in conjunction with any other person, persons, company, partnership, corporation or business of whatever nature, without the prior written consent of the Company: (i) engage, as an officer, director, shareholder, owner, partner, joint venturer, or in a managerial capacity, whether as an employee, independent contractor, consultant or advisor, or as a sales representative, in any business selling any products or services in direct competition with the Company within 100 miles of the principal executive offices or the principal operations of the Company United States (the "TerritoryTERRITORY"); (ii) call upon any person who is at that time, or who was at any time within one (1) year prior to that time, an employee of the Company (including the respective subsidiaries thereof) in a managerial capacity for the purpose or with the intent of enticing such employee away from or out of the employ of the Company (including the respective subsidiaries thereof), provided that the Executive shall be permitted to call upon and hire any member of his immediate family; (iii) call upon any person or entity which is, at that time, or which has been, within one (1) year prior to that time, a customer of the Company (including the respective subsidiaries thereof) within the Territory for the purpose of soliciting or selling products or services in direct competition with the Company (including the respective subsidiaries thereof) within the Territory; or (iv) call upon any prospective acquisition candidate, on the Executive's own behalf or on behalf of any competitor, which candidate was either called upon by the Company (including the respective subsidiaries thereof) or for which the Company (including the respective subsidiaries thereof) made an acquisition analysis, for the purpose of acquiring such entity; provided, however, that nothing in this Section 7(a) shall be construed to -------- ------- preclude the Executive from making any investments in the securities of any business enterprise enterprise, whether or not engaged in competition with the Company or any of its subsidiaries, to the extent that such securities are actively traded on a national securities exchange or in the over-the-counter market in the United States or on any foreign securities exchange.; and provided further, however, that nothing shall preclude the Executive from serving as the Vice Chairman of American Capital Strategies, Ltd., the managing member emeritus, through an affiliate, of Capital Investors, LLC, the owner and

Scope of Covenant. The Executive agrees that during the Term and ----------------- for a period equal to the longer of (i) one two (12) year years commencing upon the expiration or termination of the Executive's employment hereunder (for any reason whatsoever) or and (ii) the period during which the Executive is entitled to receive receiving the full and is receiving any payment timely payments pursuant to Section 5 hereof, the Executive shall not, directly or indirectly, for himself or on behalf of or in conjunction with any other person, persons, company, partnership, corporation or business of whatever nature, without the prior written consent of the Company: (i) engage, as an officer, director, shareholder, owner, partner, joint venturer, or in a managerial capacity, whether as an employee, independent contractor, consultant or advisor, or as a sales representative, in any business selling any products or services in direct competition with the Company within 100 miles of the principal executive offices or the principal operations of the Company United States (the "TerritoryTERRITORY"); (ii) call upon any person who is at that time, or who was at any time within one (1) year prior to that time, an employee of the Company (including the respective subsidiaries thereof) in a managerial capacity for the purpose or with the intent of enticing such employee away from or out of the employ of the Company (including the respective subsidiaries thereof), provided that the Executive shall be permitted to call upon and hire any member of his immediate family; (iii) call upon any person or entity which is, at that time, or which has been, within one (1) year prior to that time, a customer of the Company (including the respective subsidiaries thereof) within the Territory for the purpose of soliciting or selling products or services in direct competition with the Company (including the respective subsidiaries thereof) within the Territory; or (iv) call upon any prospective acquisition candidate, on the Executive's own behalf or on behalf of any competitor, which candidate was either called upon by the Company (including the respective subsidiaries thereof) or for which the Company (including the respective subsidiaries thereof) made an acquisition analysis, for the purpose of acquiring such entity; provided, however, that nothing in this Section 7(a) shall be construed to -------- ------- preclude the Executive from making any investments in the securities of any business enterprise enterprise, whether or not engaged in competition with the Company or any of its subsidiaries, to the extent that such securities are actively traded on a national securities exchange or in the over-the-counter market in the United States or on any foreign securities exchange.; and provided further, however, that nothing shall preclude the Executive from serving as a member of the board of directors of Heads Up Systems and River Logic. For purposes of this Agreement, "businesses in competition with the Company" are any entities or persons who make senior and subordinated loans to small and medium sized private

Scope of Covenant. The Executive agrees that during the Term and ----------------- for a ----------------- period equal to the longer of (i) one (1) year commencing upon the expiration or termination of the Executive's employment hereunder (for any reason whatsoever) or (ii) the period during which the Executive is entitled to receive and is receiving any payment pursuant to Section 5 hereof, the Executive shall not, directly or indirectly, for himself or on behalf of or in conjunction with any other person, persons, company, partnership, corporation or business of whatever nature, without the prior written consent of the Company: (i) engage, as an officer, director, shareholder, owner, partner, joint venturer, or in a managerial capacity, whether as an employee, independent contractor, consultant or advisor, or as a sales representative, in any business selling any products or services in direct competition with the Company within 100 miles of the principal executive offices or the principal operations of the Company (the "Territory"); (ii) call upon any person who is at that time, or who was at any time within one (1) year prior to that time, an employee of the Company (including the respective subsidiaries thereof) in a managerial capacity for the purpose or with the intent of enticing such employee away from or out of the employ of the Company (including the respective subsidiaries thereof), provided that the Executive shall be permitted to call upon and hire any member of his immediate family; (iii) call upon any person or entity which is, at that time, or which has been, within one (1) year prior to that time, a customer of the Company (including the respective subsidiaries thereof) within the Territory for the purpose of soliciting or selling products or services in direct competition with the Company (including the respective subsidiaries thereof) within the Territory; or (iv) call upon any prospective acquisition candidate, on the Executive's own behalf or on behalf of any competitor, which candidate was either called upon by the Company (including the respective subsidiaries thereof) or for which the Company (including the respective subsidiaries thereof) made an acquisition analysis, for the purpose of acquiring such entity; provided, however, that nothing in this Section 7(a) shall be construed to -------- ------- preclude the Executive from making any investments in the securities of any business enterprise whether or not engaged in competition with the Company or any of its subsidiaries, to the extent that such securities are actively traded on a national securities exchange or in the over-the-counter market in the United States or on any foreign securities exchange.

Scope of Covenant. The Executive Consultant agrees that that, subject to 7(b) herein, during the any Term of this Agreement and ----------------- for a period equal to the longer of (i) one (1) year commencing upon the expiration or termination of the ExecutiveConsultant's employment engagement hereunder (for any reason whatsoever) or (iithe "Termination Date") the period during which the Executive is entitled to receive and is receiving any payment pursuant to Section 5 hereof, the Executive Consultant shall not, directly or indirectly, for himself or on behalf of or in conjunction with any other person, persons, company, partnership, corporation or business of whatever nature, without the prior written consent of the Company: (i) engage, as an officer, director, shareholder, owner, partner, joint venturer, or in a managerial capacity, whether as an employee, independent contractor, consultant or advisor, or as a sales representative, in any business selling any products or services in direct competition with the Company within 100 miles or any of its subsidiaries anywhere in the principal executive offices United States, its territories or the principal operations of the Company possessions (the "Territory"); (ii) call upon solicit any person who is at that timethe Termination Date, or who was at any time within one (1) year prior to that timethe Termination Date, an employee of the Company (including the respective or any of its subsidiaries thereof) in a managerial capacity for the purpose or with the intent of enticing such employee away from or out of the employ of the Company (including the respective subsidiaries thereof)or any of its subsidiaries, provided that the Executive shall be permitted to call upon except Mr. Xxxxx Xxxxxx, Xx. Xxxxx Xxxxxxx and hire any member of his immediate familyXx. Xxxxxx Xxxxxx; (iii) call upon any person or entity which is, at that time, the Termination Date or which has been, within one (1) year prior to that time, Termination Date a customer of the Company (including the respective or any of its subsidiaries thereof) within the Territory for the purpose of soliciting or selling products or services in direct competition with the Company (including the respective or any of its subsidiaries thereof) in its Business within the Territory, where Business is defined as health care products or programs that are being sold by the Company as of the Effective Date; or (iv) call upon engage in any prospective acquisition candidate, on the Executive's own behalf act intended to cause any customer or on behalf potential customer of any competitor, which candidate was either called upon by the Company (including located in the respective subsidiaries thereof) Territory with whom the Consultant had contact to discontinue, curtail or for which forego Business with the Company (including or to do Business with another entity, firm, business or enterprise which is competitive with the respective subsidiaries thereof) made an acquisition analysis, for Business of the purpose of acquiring such entity; providedCompany or its clients. Provided, however, that nothing in this Section 7(a) shall be construed to -------- ------- preclude the Executive Consultant from making any investments in acquiring as a passive investment not more than 5% of the capital securities of any business enterprise whether or not engaged in competition with the Company or any of its subsidiaries, if and to the extent that such securities are actively traded on a national securities exchange or in the over-the-counter market in the United States or on any foreign securities exchange.

Scope of Covenant. The Executive agrees that during the Term and ----------------- for a period equal to the longer of (i) one two (12) year years commencing upon the expiration or termination of the Executive's employment hereunder (for any reason whatsoever) or and (ii) the period during which the Executive is entitled to receive receiving the full and is receiving any payment timely payments pursuant to Section 5 hereof, the Executive shall not, directly or indirectly, for himself or on behalf of or in conjunction with any other person, persons, company, partnership, corporation or business of whatever nature, without the prior written consent of the Company: (i) engage, as an officer, director, shareholder, owner, partner, joint venturer, or in a managerial capacity, whether as an employee, independent contractor, consultant or advisor, or as a sales representative, in any business selling any products or services in direct competition with the Company within 100 miles of the principal executive offices or the principal operations of the Company United States (the "Territory"); (ii) call upon any person who is at that time, or who was at any time within one (1) year prior to that time, an employee of the Company (including the respective subsidiaries thereof) in a managerial capacity for the purpose or with the intent of enticing such employee away from or out of the employ of the Company (including the respective subsidiaries thereof), provided that the Executive shall be permitted to call upon and hire any member of his immediate family; (iii) call upon any person or entity which is, at that time, or which has been, within one (1) year prior to that time, a customer of the Company (including the respective subsidiaries thereof) within the Territory for the purpose of soliciting or selling products or services in direct competition with the Company (including the respective subsidiaries thereof) within the Territory; or (iv) call upon any prospective acquisition candidate, on the Executive's own behalf or on behalf of any competitor, which candidate was either called upon by the Company (including the respective subsidiaries thereof) or for which the Company (including the respective subsidiaries thereof) made an acquisition analysis, for the purpose of acquiring such entity; provided, however, that nothing in this Section 7(a) shall be construed to -------- ------- preclude the Executive from making any investments in the securities of any business enterprise enterprise, whether or not engaged in competition with the Company or any of its subsidiaries, to the extent that such securities are actively traded on a national securities exchange or in the over-the-counter market in the United States or on any foreign securities exchange. For purposes of this Agreement, "businesses in competition with the Company" are any entities or persons who make senior and subordinated loans to small and medium sized private businesses that are substantially owned by buyout or venture capital funds or similar institutional investors. Notwithstanding the forgoing, Executive's participation as a General Partner and member of the Investment committee of Patriot Capital, LP as contemplated in Section 2 (c) shall not constitute competition with the Company. The Executive also agrees that as a condition of employment he will sign all documents that are signed by other employees.

Scope of Covenant. The Executive agrees that during the Term and ----------------- for a period equal to the longer of (i) one (1) year commencing upon the expiration or termination of the Executive's employment hereunder (for any reason whatsoever) or (ii) the period during which the Executive is entitled to receive and is receiving any payment pursuant to Section 5 hereof, the Executive shall not, directly or indirectly, for himself or on behalf of or in conjunction with any other person, persons, company, partnership, corporation or business of whatever nature, without the prior written consent of the Company: (i) engage, as an officer, director, shareholder, owner, partner, joint venturer, or in a managerial capacity, whether as an employee, independent contractor, consultant or advisor, or as a sales representative, in any business selling any products or services in direct competition with the Company within 100 miles of the principal executive offices or the principal operations of the Company (the "Territory"); (ii) call upon any person who is at that time, or who was at any time within one (1) year prior to that time, an employee of the Company (including the respective subsidiaries thereof) in a managerial capacity for the purpose or with the intent of enticing such employee away from or out of the employ of the Company (including the respective subsidiaries thereof), provided that the Executive shall be permitted to call upon and hire any member of his immediate family; (iii) call upon any person or entity which is, at that time, or which has been, within one (1) year prior to that time, a customer of the Company (including the respective subsidiaries thereof) within the Territory for the purpose of soliciting or selling products or services in direct competition with the Company (including the respective subsidiaries thereof) within the Territory; or (iv) call upon any prospective acquisition candidate, on the Executive's own behalf or on behalf of any competitor, which candidate was either called upon by the Company (including the respective subsidiaries thereof) or for which the Company (including the respective subsidiaries thereof) made an acquisition analysis, for the purpose of acquiring such entity; provided, however, that nothing in this Section 7(a) shall be construed to -------- ------- preclude the Executive from making any investments in the securities of any business enterprise whether or not engaged in competition with the Company or any of its subsidiaries, to the extent that such securities are actively traded on a national securities exchange or in the over-the-counter market in the United States or on any foreign securities exchange.; and provided further, however, that nothing shall preclude the Executive from serving as the Chairman of U.S. Office Products Company, the non-executive Chairman of U.S.A. Floral Products, the non-executive Chairman of U.S. Leasing, Inc. and an investor or director in Unison Partners, Inc.