Statement of Covenant. At all times during the period commencing on the Closing Date and continuing until five (5) years after the date Seller no longer owns at least one (1) Contribution Unit for any reason (the “Restricted Period”), neither Seller nor either Seller Principal nor any of their Affiliates shall, directly or indirectly, alone or in association with others, whether as owner, shareholder, employee, officer, director, partner, manager, member, trustee, lender, investor, consultant, principal, agent, independent contractor, co-venturer or in any other capacity, (A) engage or participate in any Competing Business (as defined below) in any Seller Restricted Territory (as defined below) or (B) invest in, hold a financial interest in, be in any way connected or affiliated with, or render advice or services to, any Person that is engaged in Competing Business in any Seller Restricted Territory. Notwithstanding the foregoing, nothing herein contained shall prevent Seller or either Seller Principal from acquiring and holding for investment up to two percent (2%) of any class of securities of any corporation, if such securities are listed or traded on a national securities exchange or in the over-the-counter market.
Statement of Covenant. At all times during the Restricted Period, neither Purchaser nor any of its Affiliates shall, directly or indirectly, alone or in association with others, whether as owner, shareholder, employee, officer, director, partner, manager, member, trustee, lender, investor, consultant, principal, agent, independent contractor, co-venturer or in any other capacity, (A) engage or participate in (1) the Seller Permitted Business, or (2) any business or activity conducted by Seller during the Restricted Period that involves using or employing similar or related products, services and technologies similar or related to, and within the same customer groups or classes, as the Permitted Business (the “Related Permitted Seller Business”), in either case in any Purchaser Restricted Territory or (B) invest in, hold a financial interest in, be in any way connected or affiliated with, or render advice or services to, any Person that is engaged in the Seller Permitted Business or any Related Seller Permitted Business, in either case in any Purchaser Restricted Territory. Notwithstanding the foregoing, nothing herein contained shall prevent Purchaser or any of its Affiliates from acquiring and holding for investment up to two percent (2%) of any class of securities of any corporation, if such securities are listed or traded on a national securities exchange or in the over-the-counter market.
Statement of Covenant. At all times during the period commencing on the Closing Date and continuing until four (4) years after the date hereof (the “Restricted Period”), neither Xxxxx nor any of his Affiliates shall, directly or indirectly, alone or in association with others, whether as owner, shareholder, employee, officer, director, partner, manager, member, trustee, lender, investor, consultant, principal, agent, independent contractor, co-venturer or in any other capacity, (A) engage or participate in any Competing Business (as defined below) in any Restricted Territory (as defined below) or (B) invest in, hold a financial interest in, be in any way connected or affiliated with, or render advice or services to, any Person that is engaged in any Competing Business in any Restricted Territory. Notwithstanding the foregoing, nothing herein contained shall prevent Xxxxx from acquiring and holding for investment up to two percent (2%) of any class of securities of any corporation, if such securities are listed or traded on a national securities exchange or in the over-the-counter market.
Statement of Covenant. At all times during the period commencing on the Closing Date and continuing until five (5) years after the date hereof (the “Restricted Period”), neither Seller nor Lime nor any respective parent company, subsidiary or Affiliated entity over which it has control, shall, directly or indirectly, alone or in association with others, whether as owner, shareholder, employee, officer, director, partner, manager, member, trustee, lender, investor, consultant, principal, agent, independent contractor, co-venturer or in any other capacity, (A) engage or participate in any Competing ESCO Business (as defined below) in any Seller Restricted Territory (as defined below) or (B) invest in, hold a financial interest in, be in any way connected or affiliated with (except as set forth below), or render advice or services to, any Person that is engaged in Competing ESCO Business in any Seller Restricted Territory. Notwithstanding the foregoing, nothing herein contained shall prevent Seller from acquiring and holding for investment up to two percent (2%) of any class of securities of any corporation, if such securities are listed or traded on a national securities exchange or in the over-the-counter market. For purposes of clarity, this Section 7.2 and the non-competition covenants herein shall not apply to or be binding upon any acquirer of all or substantially all of the capital stock or assets of Lime or Seller in respect of any existing business of such acquirer or its Affiliates as of the date of such acquisition, provided that if such existing business would constitute a Competing ESCO Business, or any ESCO Business, nothing herein shall restrict or prevent the expansion or other development of such business by such acquirer or its Affiliates.
Statement of Covenant. At all times during the Restricted Period, neither Purchaser nor any parent company, subsidiary or Affiliated entity over which it has control, shall, directly or indirectly, alone or in association with others, whether as owner, shareholder, employee, officer, director, partner, manager, member, trustee, lender, investor, consultant, principal, agent, independent contractor, co-venturer or in any other capacity, (A) engage or participate in any Competing Utility SBDI Business in any Purchaser Restricted Territory (as defined below) or (B) invest in, hold a financial interest in, be in any way connected or affiliated with (except as set forth below), or render advice or services to, any Person that is engaged in any Competing Utility SBDI Business in any Purchaser Restricted Territory. Notwithstanding the foregoing, nothing herein contained shall prevent Purchaser from acquiring and holding for investment up to two percent (2%) of any class of securities of any corporation, if such securities are listed or traded on a national securities exchange or in the over-the-counter market. For purposes of clarity, this Section 7.2(b) and the non-competition covenants herein shall not apply to or be binding upon any acquirer of all or substantially all of the capital stock or assets of Purchaser in respect of any existing business of such acquirer, provided that if such existing business would constitute a Competing Utility SBDI Business, nothing herein shall restrict or prevent the expansion or other development of such business by such acquirer or its Affiliates. Notwithstanding anything to the contrary herein, Purchaser shall not be prohibited from conducting its business and operations with respect to, and this covenant shall not apply to, Purchaser’s current product and service portfolio offerings and business activities, including but not limited to relating to energy efficient lighting, solar and distributed generation activities, that may from time to time involve utility rebates.
Statement of Covenant. Except as otherwise provided in Section 7.11, at all times during the period commencing on the Closing Date and continuing until five (5) years after the date hereof (the “Restricted Period”), neither Seller, nor any of its Affiliates, shall, directly or indirectly, alone or in association with others, whether as owner, shareholder, employee, officer, director, partner, manager, member, trustee, lender, investor, consultant, principal, agent, independent contractor, co-venturer or in any other capacity, (A) engage or participate in any Competing Business (as defined below) or (B) invest in, hold a financial interest in, be in any way connected or affiliated with, or render advice or services to, any Person that is engaged in Competing Business. Notwithstanding the foregoing, nothing herein contained shall prevent Seller from acquiring and holding for investment up to two percent (2%) of any class of securities of any corporation, if such securities are listed or traded on a national securities exchange or in the over-the-counter market.
