Seller Non-Compete. (a) During the Non-Compete Period, Seller will not, and will cause each of the Other Sellers and its or their respective Subsidiaries and Affiliates not to, directly or indirectly, for its own account or on behalf of or together with any other Person, engage in, participate in, own, manage, control or participate in the ownership, management or control of the Business, including by offering to customers any products or services that fall within the Business and that are intended to be offered as products and services to induce customers and prospective customers of Purchaser to choose Seller’s products and services over Purchaser’s products and services within the Business. Seller, the Other Sellers and its and their respective Subsidiaries and Affiliates are collectively referred to as the “Covered Seller Parties” and each individually referred to as a “Covered Seller Party.”
Seller Non-Compete. (a) The following terms when used in this Section 4.9 shall have the following meanings:
Seller Non-Compete. Seller shall not convert other components of the Project to use as a hotel until such time (after opening of the Hotel) as the Hotel ceases to be used as a hotel, provided that nothing herein shall prohibit (i) leasing of furnished apartments for periods of thirty (30) days or more as part of a corporate leasing program, (ii) leasing of up to four (4) furnished apartments at any one time for guests of residents of Seller or its affiliates, or (iii) construction of a ballroom, meeting space or similar facilities in the podium of the Project to be used in connection with a hotel not otherwise located in the Project.
Seller Non-Compete. During the period commencing on the Closing and for five years thereafter, Seller or its affiliates, each agree that, it will not, in any manner, directly or indirectly, (i) compete with Buyer in the Directory Business, and will not, directly or indirectly, own, manage, operate, join, control or participate in the ownership, management, operation or control of, or be employed by or connected in any manner with any corporation, firm, entity, or business that is so engaged unless duly authorized by written consent of the Buyer, (ii) persuade or attempt to persuade any employee, salesperson or agent of the Buyer to leave the employ of the Buyer or to become employed by or to provide services to any other entity, (iii) persuade or attempt to persuade any current client or former client to reduce the amount of business it does or intends or anticipates doing with the Buyer or with any affiliate of the Buyer.
Seller Non-Compete. Seller agrees that from the Closing until the third anniversary of the Closing, neither it nor any of its Subsidiaries will engage in any Competing Business in the United States of America and/or China. Notwithstanding the foregoing, this Section 5.6 shall not restrict (a) any acquirer of Seller, its Affiliates, its business or any portion thereof or any Affiliate of such acquirer (other than Seller or any Subsidiary of Seller who is a Subsidiary of Seller prior to such acquisition) from engaging in a Competing Business that was conducted by such acquirer or its Affiliates (other than Seller or any Subsidiary of Seller who is a Subsidiary of Seller prior to such acquisition) prior to such acquisition, and (b) acquiring any Person who is engaged in a Competing Business (either directly or through a Subsidiary), provided that the consolidated revenue of such Person and its Subsidiaries for the 12-month period prior to the date of such acquisition derived from Competing Businesses does not exceed 25 percent of the aggregate consolidated revenue of such Person and its Subsidiaries for such 12-month period. In no event shall ownership of five percent or less of the outstanding securities of any class of any issuer whose securities are registered under the Securities Exchange Act of 1934, as amended, standing alone, be deemed to be engaged in a Competing Business, so long as Seller or any Subsidiary of Seller does not have, or exercise, any rights to manage or operate the business of such issuer other than rights as a stockholder thereof. For purposes of this Agreement, “Competing Business” means a business in which 25 percent or more of the gross revenues for the immediately prior fiscal year is derived from (A) recycling zinc metal and (B) producing zinc oxide and zinc dust. From the Closing until the third anniversary of the Closing, Seller will not, and will cause its Subsidiaries not to, directly or indirectly, induce or solicit, or aid or assist any Person to induce or solicit, any employees, salespersons, agents, consultants, distributors, customers or suppliers of any of the Acquired Entities to terminate, curtail or otherwise limit their employment by or business relationship with any of the Acquired Entities. For the avoidance of doubt, nothing in the immediately preceding sentence shall restrict Seller and its Subsidiaries from making sales to its customers and purchases from its suppliers in the ordinary course of business. The parties hereto agree t...
Seller Non-Compete. Except as pursuant to the License Agreement dated May , 2020, by and between Seller and Purchase, during the period commencing on the Closing and for three (3) years thereafter, Seller, Shareholder and their respective affiliates, each agree that, it will not, in any manner, directly or indirectly, (i) compete with Purchaser in the Analytics Business, and will not, directly or indirectly, own, manage, operate, join, control or participate in the ownership, management, operation or control of, or be employed by or connected in any manner with any corporation, firm, entity, or business that is so engaged unless duly authorized by written consent of the Purchaser, (ii) persuade or attempt to persuade any employee, salesperson or agent of the Purchaser to leave the employ of the Purchaser or to become employed by or to provide services to any other entity, (iii) persuade or attempt to persuade any current client or former client to reduce the amount of business it does or intends or anticipates doing with the Purchaser or with any affiliate of the Purchaser. ARTICLE 11
Seller Non-Compete. Seller agrees that after the Closing Date it will not conduct any operations that are competitive to the Business, including specifically not engaging in the email marketing business. Additionally, Seller also agrees that Seller hereby accepts responsibility for Xxx Xxxxxxx’x (“Xxxxxxx”) actions and to indemnify Buyer as set forth in 5.2 above if Xxxxxxx takes any actions that would breach the restrictions set forth in the Non- Compete Agreement attached hereto as Exhibit __ if Xxxxxxx executed such agreement as a Key Executive (as defined therein).
Seller Non-Compete. Except as provided in the last paragraph of this Section 7.9, Seller agrees that, for a period of two (2) years after the Closing (except for purposes of clause (d), which shall be in effect for a period of one (1) year after the Closing), it will not, without the prior written consent of Interland, either individually, or in partnership or jointly or in conjunction with any Person as principal, agent, or shareholder or in any other manner whatsoever:
Seller Non-Compete. During the term hereof, neither Seller nor its officers, directors, related parties, affiliates and subsidiaries (other than Xxxxxx X.X. Xxxxxx, who is bound by the terms of that certain Consulting Agreement dated the date hereof between Xx. Xxxxxx and the Buyer), shall, directly or indirectly (as an owner, manager, licensor, licensee, lender, partner, stockholder, joint venturer, operator, consultant (other than for Buyer), independent contractor, advisor or otherwise):
Seller Non-Compete. Seller covenants and agrees that from and after the Closing Date for a period of five years thereafter, Seller will not, and will cause its Affiliates not to, directly or indirectly, engage in the Business. Notwithstanding the foregoing, neither Seller nor any of its Affiliates shall be prohibited from:
