Xxxxxx X. Xxxxxx Secrecy and Noncompetition Sample Clauses

Xxxxxx X. Xxxxxx Secrecy and Noncompetition. (a) For a period concluding three years after Xxxxxx no longer owns an interest in the Company (“Restricted Period”), Xxxxxx X. Xxxxxx (“Xxxxxx Controlling Member”) shall not, directly or indirectly, engage in, own, manage, operate, join, control, lend money or other assistance to, or participate in or be connected with, as an officer, employee, member, partner, stockholder, consultant or otherwise, any individual, partnership, firm, corporation, limited liability company or other business organization or entity engaged in: (i) the mining of coal, whether underground or surface, within the Illinois counties of Gallatin, Saline, Xxxxxx or Xxxxxxxxxx, or the Kentucky counties of Union or Xxxxxxx; or (ii) the marketing of coal mined or the acquisition, leasing or ownership (whether by lease or in fee) of any coal reserves, mineral rights or surface rights, within the areas of the Illinois counties of Gallatin, Saline, Xxxxxx or Xxxxxxxxxx, or the Kentucky counties of Union or Xxxxxxx. (b) The Xxxxxx Controlling Member acknowledges that a breach of any ofthe covenants or obligations contained in this Section 14.6 may result in material and irreparable injury to the Company or its affiliates or subsidiaries for which there is no adequate remedy at law, and that injury and damages to the Company, its affiliates or subsidiaries, resulting from a breach will be immeasurable Without limiting the rights or remedies, both legal and equitable, available to the Company in the event of an actual or threatened breach, the Company shall be entitled to seek and obtain a temporary restraining order and/or .a preliminary or permanent injunction against the Xxxxxx Controlling Member, which shall prevent the Xxxxxx Controlling Member from engaging in any activities prohibited by this Section 14.6, or to seek and obtain such other relief against the Franks Controlling Member as may be required to specifically enforce any of the covenants or obligations contained in this Section 14.6. The Xxxxxx Controlling Member hereby agrees and consents that injunctive relief may be sought ex parte in any state or federal court of record in the State of Indiana, in the state and county in which the violation occurs, or in any other court of competent jurisdiction, at the election of the Company.
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Related to Xxxxxx X. Xxxxxx Secrecy and Noncompetition

  • Xxxxxxx Xxxxxxx Policy The terms of the Partnership’s xxxxxxx xxxxxxx policy with respect to Units are incorporated herein by reference.

  • Xxxxxxx Xxxxxxx Restrictions/Market Abuse Laws The Participant acknowledges that, depending on his or her country, the broker’s country, or the country in which the Shares are listed, the Participant may be subject to xxxxxxx xxxxxxx restrictions and/or market abuse laws in applicable jurisdictions, which may affect his or her ability to accept, acquire, sell, or attempt to sell or otherwise dispose of Shares or rights to Shares (e.g., Restricted Share Units), or rights linked to the value of Shares, during such times as he or she is considered to have “inside information” regarding the Company (as defined by applicable laws or regulations in the applicable jurisdictions, including the United States and the Participant’s country). Local xxxxxxx xxxxxxx laws and regulations may prohibit the cancellation or amendment of orders the Participant placed before possessing inside information. Furthermore, the Participant may be prohibited from (i) disclosing the inside information to any third party, including fellow employees (other than on a “need to know” basis) and (ii) “tipping” third parties or causing them to otherwise buy or sell securities. Any restrictions under these laws or regulations are separate from and in addition to any restrictions that may be imposed under any applicable Company xxxxxxx xxxxxxx policy. The Participant acknowledges that it is his or her responsibility to comply with any applicable restrictions, and the Participant should consult his or her personal advisor on this matter.

  • Xxxxxxx Xxxxxxx/Market Abuse Laws You acknowledge that, depending on your country or broker’s country, or the country in which Common Stock is listed, you may be subject to xxxxxxx xxxxxxx restrictions and/or market abuse laws in applicable jurisdictions, which may affect your ability to accept, acquire, sell or attempt to sell, or otherwise dispose of the shares of Common Stock, rights to shares of Common Stock (e.g., RSUs) or rights linked to the value of Common Stock, during such times as you are considered to have “inside information” regarding the Company (as defined by the laws or regulations in applicable jurisdictions, including the United States and your country). Local xxxxxxx xxxxxxx laws and regulations may prohibit the cancellation or amendment of orders you placed before possessing inside information. Furthermore, you may be prohibited from (i) disclosing insider information to any third party, including fellow employees and (ii) “tipping” third parties or causing them to otherwise buy or sell securities. Any restrictions under these laws or regulations are separate from and in addition to any restrictions that may be imposed under any applicable Company xxxxxxx xxxxxxx policy. You acknowledge that it is your responsibility to comply with any applicable restrictions, and you should speak to your personal advisor on this matter.

  • Xxxxxxxxxxx Leave In the case of the death of the wife, husband, child, or (step) child of a regular full time employee, or of the employee’s (or spouse’s) (step) father, (step) mother, (step) brother, (step) sister, (step) grandparent, (step) grandchild, or legal dependent, the employee shall be granted permission to be absent from duty for as many days, not to exceed five, during the individual employee’s

  • Xxxxxxxx-Xxxxx Act There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

  • Xxxxxxxx-Xxxxx Compliance As soon as it is legally required to do so, the Company shall take all actions necessary to obtain and thereafter maintain material compliance with each applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated thereunder and related or similar rules and regulations promulgated by any other governmental or self-regulatory entity or agency with jurisdiction over the Company.

  • XXXXXXXX ANTI-KICKBACK ACT (a) The Sub-Recipient hereby agrees that, unless exempt under Federal law, it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, the following clause: i. Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract.

  • Sxxxxxxx-Xxxxx Compliance As soon as it is legally required to do so, the Company shall take all actions necessary to obtain and thereafter maintain material compliance with each applicable provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated thereunder and related or similar rules and regulations promulgated by any other governmental or self-regulatory entity or agency with jurisdiction over the Company.

  • Sxxxxxxx-Xxxxx Act There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

  • Xxxxxxxxx Xxxx Xxxx Certificate of Trust shall be effective upon filing.

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