FORM OF CHANGE IN CONTROL SEVERANCE COMPENSATION AND RESTRICTIVE COVENANT AGREEMENTRestrictive Covenant Agreement • May 30th, 2019 • Mimedx Group, Inc. • Surgical & medical instruments & apparatus • Florida
THIS SEVERANCE COMPENSATION AND RESTRICTIVE COVENANT AGREEMENT (the “Agreement”) is dated as of _____ between MiMedx Group, Inc., a Florida corporation (the “Company”), and __________ (the “Executive”).
EXHIBIT 10.3 RESTRICTIVE COVENANT AGREEMENT AGREEMENT made as of the 1st day of January, 2001, by and between NuCo2 Inc., a Florida corporation with its principal office at 2800 SE Market Place, Stuart, Florida 34997 (the "Corporation") and Edward M....Restrictive Covenant Agreement • September 28th, 2001 • Nuco2 Inc /Fl • Wholesale-chemicals & allied products • Florida
CVS Pharmacy, Inc. Restrictive Covenant Agreement (Colleagues Primarily Working or Living in Massachusetts)Restrictive Covenant Agreement • May 4th, 2021 • CVS HEALTH Corp • Retail-drug stores and proprietary stores • Massachusetts
I, Alan Lotvin, enter into this Restrictive Covenant Agreement (“Agreement”) with CVS Pharmacy, Inc., on its own behalf and on behalf of its subsidiaries and affiliates (“CVS”), which is effective as of the date I sign the Agreement (“Effective Date”). In consideration of the mutual promises in this Agreement, the parties agree as follows:
Cash America International, Inc. Executive Change-in-Control Severance and Restrictive Covenant AgreementRestrictive Covenant Agreement • January 31st, 2013 • Cash America International Inc • Retail-miscellaneous retail
THIS EXECUTIVE CHANGE-IN-CONTROL SEVERANCE AND RESTRICTIVE COVENANT AGREEMENT (the “Agreement”) is made and entered into by and between Cash America International, Inc. (the “Company”), a Texas corporation, and David A. Fisher (“Executive”), and is effective on the 29th day of July, 2013 (hereinafter referred to as the “Effective Date”).
INDIANA OFFICE OF COMMUNITY AND RURAL AFFAIRS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM LIEN AND RESTRICTIVE COVENANT AGREEMENTRestrictive Covenant Agreement • September 30th, 2016 • Indiana
This Lien and Restrictive Covenant Agreement (“Agreement”) is made by , (“Recipient”), a political subdivision of the State of Indiana and (“Subrecipient”) the owner of certain real estate located at , in
TERAWULF INC. RESTRICTIVE COVENANT AGREEMENTRestrictive Covenant Agreement • May 16th, 2022 • Terawulf Inc. • Services-computer processing & data preparation • Delaware
You hereby acknowledge and agree that TeraWulf Inc. (together, with its subsidiaries and affiliates, the “Company”) needs the covenants set forth in this Restrictive Covenant Agreement (this “Agreement”) based on the following: (a) in the course of your employment or service with the Company, you will be providing services to the Company and that you will be intimately involved in the planning for or direction of the business of the Company; (b) the Company is engaged in a highly competitive industry; (c) the Company provides services related to its business and products to clients located in various areas throughout the United States; (d) you have or will obtain selective or specialized skills, knowledge, abilities, or customer contacts or information by reason of working for the Company and providing services to the Company; (e) you could, after having access to the Company’s Confidential Information (as defined below) and/or Trade Secrets (as defined below) and after receiving furth
RESTRICTIVE COVENANT AGREEMENTRestrictive Covenant Agreement • June 12th, 2023 • Chico's Fas, Inc. • Retail-women's clothing stores • Florida
this 12th day of June, 2023 (the “Effective Date”), by and between Chico’s FAS, Inc., a Florida corporation, having a principal place of business at 11215 Metro Parkway, Fort Myers, FL 33966 (the “Employer”), and David M. Oliver (the “Executive”). In consideration of the mutual covenants herein contained and intending to be legally bound hereby, the parties hereto agree to the following:
RESTRICTIVE COVENANT AGREEMENTRestrictive Covenant Agreement • August 28th, 2019 • Chico's Fas, Inc. • Retail-women's clothing stores • Florida
THIS RESTRICTIVE COVENANT AGREEMENT (this “Agreement”) is made and entered into this 1st day of August, 2019 (the “Effective Date”), by and between Chico’s FAS, Inc., a Florida corporation, having a principal place of business at 11215 Metro Parkway, Fort Myers, FL 33966 (the “Employer”), and Molly Langenstein (the “Executive”). In consideration of the mutual covenants herein contained and intending to be legally bound hereby, the parties hereto agree to the following:
RESTRICTIVE COVENANT AGREEMENTRestrictive Covenant Agreement • September 11th, 2017 • Harland Clarke Holdings Corp • Blankbooks, looseleaf binders & bookbindg & relatd work • Delaware
This RESTRICTIVE COVENANT AGREEMENT (this “Agreement”) is entered into, on August 27, 2017 (the “Effective Date”), by and between MaxPoint Interactive, Inc. (the “Company”), Harland Clarke Holdings Corp. (“Parent”), Mercury Merger Sub, Inc. (“Purchaser”) and Joseph Epperson (“Executive” and, together with the Company, Parent and Purchaser, the “Parties”). Any capitalized term used in this Agreement, but not defined, shall have the same meaning as ascribed to such term in the Agreement and Plan of Merger, dated as of the Effective Date, by and between Parent, Purchaser and the Company (the “Merger Agreement”).
RESTRICTIVE COVENANT AGREEMENTRestrictive Covenant Agreement • April 20th, 2021 • Endeavor Group Holdings, Inc. • Services-amusement & recreation services • Delaware
This RESTRICTIVE COVENANT AGREEMENT (this “Agreement”), effective as of March 13, 2019 (the “Effective Date”), by and among Endeavor Group Holdings, Inc. (“EGH”), Endeavor Operating Company, LLC (“EOC”) and Patrick Whitesell (the “Restricted Person” and, together with EGH and EOC, the “Parties” and individually, a “Party”).
Restrictive Covenant AgreementRestrictive Covenant Agreement • February 7th, 2024 • CVS HEALTH Corp • Retail-drug stores and proprietary stores • Rhode Island
. I, _________Thomas F. Cowhey____________, enter into this Restrictive Covenant Agreement (“Agreement”) with CVS Pharmacy, Inc., on its own behalf and on behalf of its subsidiaries and affiliates (“CVS”), which is effective as of the date I sign the Agreement (“Effective Date”).
AGREEMENT AND PLAN OF MERGER BY AND AMONG SEACOAST BANKING CORPORATION OF FLORIDA SEACOAST NATIONAL BANK PROFESSIONAL HOLDING CORP. AND PROFESSIONAL BANKRestrictive Covenant Agreement • August 11th, 2022 • Professional Holding Corp. • National commercial banks • Florida
THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”) is made and entered into as of August 7, 2022 by and among Seacoast Banking Corporation of Florida, a Florida corporation (“SBC”), Seacoast National Bank, a national banking association and wholly-owned subsidiary of SBC (“SNB” and collectively with SBC, “Seacoast”), Professional Holding Corp., a Florida corporation (“Professional”), and Professional Bank, a Florida state-chartered bank and wholly-owned subsidiary of Professional (the “Bank” and collectively with Professional, the “Company”).
RESTRICTIVE COVENANT AGREEMENTRestrictive Covenant Agreement • April 26th, 2022 • H&E Equipment Services, Inc. • Services-miscellaneous equipment rental & leasing • Delaware
In consideration of continued at-will employment with H&E Equipment Services, Inc., a Delaware corporation (the “Company”), continued access to Confidential Information, as the term is defined below, during such employment, and for other valuable consideration the sufficiency of which is hereby acknowledged, intending to be legally bound, John Engquist (the “Executive”) agrees to the terms and conditions set forth in this Restrictive Covenant Agreement (this “Agreement”).
EX-10.6 7 dex106.htm RESTRICTIVE COVENANT AGREEMENT RESTRICTIVE COVENANT AGREEMENTRestrictive Covenant Agreement • May 5th, 2020 • Pennsylvania
THIS RESTRICTIVE COVENANT AGREEMENT (this “Agreement”) is entered into by and between DESTINATION MATERNITY CORPORATION, a Delaware corporation (the “Company”) and the undersigned individual (the “Employee”).
RESTRICTIVE COVENANT AGREEMENTRestrictive Covenant Agreement • August 6th, 2009 • Cambium-Voyager Holdings, Inc. • Delaware
THIS AGREEMENT (“Agreement”) dated as of November 28, 2006 (the “Effective Date”) is by and between ProQuest Company, a Delaware corporation (“Seller”), and Snap-on Incorporated, a Delaware corporation (“Buyer”). Seller and Buyer may be referred to in this Agreement individually as a “Party” or collectively as “Parties.”
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM LIEN AND RESTRICTIVE COVENANT AGREEMENTRestrictive Covenant Agreement • November 19th, 2020 • Indiana
This Lien and Restrictive Covenant Agreement (“Agreement”) is made by ____________________, (“Recipient”), a political subdivision of the State of Indiana and ________________________ (“Subrecipient”) the owner of certain real estate located at ____________________________, in _________________ County, State of Indiana, more particularly described on “Exhibit A” (“Real Estate”), as recipient(s) of funds from the Indiana Office of Community and Rural Affairs (“OCRA”).
RESTRICTIVE COVENANT AGREEMENTRestrictive Covenant Agreement • October 4th, 2011 • MedQuist Holdings Inc. • Services-computer processing & data preparation • New York
THIS RESTRICTIVE COVENANT AGREEMENT (the “Agreement”), effective as of August 18, 2011, between Detlef Koll (“Shareholder”) and MedQuist Holdings Inc., a Delaware corporation (the “Company”).
CVS Pharmacy, Inc. Restrictive Covenant AgreementRestrictive Covenant Agreement • February 18th, 2020 • CVS HEALTH Corp • Retail-drug stores and proprietary stores • Rhode Island
I, Derica Rice, enter into this Restrictive Covenant Agreement (“Agreement”) with CVS Pharmacy, Inc., on its own behalf and on behalf of its subsidiaries and affiliates (“CVS”), which is effective as of the date I sign the Agreement (“Effective Date”). In consideration of the mutual promises in this Agreement, the parties agree as follows:
RESTRICTIVE COVENANT AGREEMENTRestrictive Covenant Agreement • October 4th, 2023 • NorthStar Healthcare Income, Inc. • Real estate investment trusts • Delaware
As a condition of my becoming employed by, or continuing employment with, NorthStar Healthcare Income, Inc. (the “Company”), and in consideration of my employment with the Company and my receipt of the compensation now and hereafter paid to me by the Company, I agree to the following:
RESTRICTIVE COVENANT AGREEMENTRestrictive Covenant Agreement • May 25th, 2012 • PHH Corp • Miscellaneous business credit institution • New Jersey
THIS RESTRICTIVE COVENANT AGREEMENT (“Agreement”) is executed as of May 25, 2012, by and between David E. Tucker (“Executive”) and PHH Corporation (the “Company”).
SAFE BULKERS, INC. - and - SAFE BULKERS MANAGEMENT LIMITED AMENDED AND RESTATED MANAGEMENT AGREEMENTRestrictive Covenant Agreement • March 2nd, 2018 • Safe Bulkers, Inc. • Deep sea foreign transportation of freight • England
THIS AMENDED AND RESTATED MANAGEMENT AGREEMENT (this “Agreement”) is made on the 2nd day of August, 2017 and amends and restates in its entirety that certain Management Agreement, dated May 29, 2015 (the “Effective Date”)
PERFORMANCE SHARE AGREEMENT (2017-2019)Restrictive Covenant Agreement • May 4th, 2017 • Total System Services Inc • Services-business services, nec • Georgia
Total System Services, Inc. (“Company”) confirms that on February 17, 2017, the Compensation Committee of the Board of Directors of the Company approved, effective February 17, 2017 (the “Grant Date”), an award of performance shares (“Performance Shares”) with an initial economic value equal to the product of (a) your base salary on the Grant Date multiplied by (b) 60% of your LTIP multiplier as determined by the Committee prior to the Grant Date (such initial economic value being the “2017-2019 Performance Opportunity”). The number of Performance Shares initially granted pursuant to this Agreement will be determined by dividing the 2017-2019 Performance Opportunity by the closing price of the Company’s Shares on the New York Stock Exchange on the Grant Date (your “Initial Performance Shares”). Your Initial Performance Shares will be adjusted upward or downward based on specified performance measures for the period 2017-2019 pursuant to the provisions of Section 1 below, with thirty pe
Sincerely, Cory J. McQueen Vice President and Chief Financial Officer Agreed to and Accepted by: [NAME]Restrictive Covenant Agreement • May 5th, 2020 • Utah
[Signature Page to Change in Control Protection Agreement] Exhibit A RESTRICTIVE COVENANT AGREEMENT This Restrictive Covenant Agreement (the “Agreement”) is entered into by and between Nutraceutical International Corporation, a Delaware corporation (the “Company”) and [NAME] (“Executive”) (collectively, the “Parties”), and is dated as of May [__], 2017. WHEREAS, Executive and the Company entered into a Change in Control Protection Agreement dated as of May [__], 2017 (the “CIC Protection Agreement”); and WHEREAS, Executive has agreed to enter into this Agreement as a condition of eligibility for the benefits provided under the CIC Protection Agreement. NOW, THEREFORE, in consideration of the mutual promises set forth in this Agreement and the benefits provided by the CIC Protection Agreement, the Parties hereby agree as follows: 1. Confidential Information. (a) Executive acknowledges that the Company and its Affiliates (as defined below) continually develop Confidential Information (as
Exhibit 10.3 RESTRICTIVE COVENANT AGREEMENT This RESTRICTIVE COVENANT AGREEMENT ("Agreement") is by and between Angelo C. Brisimitzakis ("Executive") and Compass Minerals International, Inc. by and on behalf of itself and any parent companies,...Restrictive Covenant Agreement • May 11th, 2006 • Compass Minerals International Inc • Mining & quarrying of nonmetallic minerals (no fuels)
RESTRICTIVE COVENANT AGREEMENTRestrictive Covenant Agreement • August 1st, 2018 • Wmih Corp. • Finance services • Delaware
As provided for under that certain employment agreement by and between WMIH Corp. (the “Company”) and Thomas Fairfield (“Executive”), made as of May 15, 2015 (as amended, the “Employment Agreement”), upon the consummation of a Qualifying Acquisition (as defined in the Employment Agreement), and in consideration for the rights and benefits provided to Executive under the Employment Agreement, Executive agrees to abide by all of the terms and conditions of this restrictive covenant agreement (the “Agreement”). Executive acknowledges and agrees that this Agreement, and the terms and conditions herein, are material terms of Executive’s employment relationship with the Company, and that the Company would not have hired Executive and entered into the Employment Agreement but for Executive’s execution of, and compliance with, this Agreement.
AGREEMENT AND PLAN OF MERGER BY AND AMONG SEACOAST BANKING CORPORATION OF FLORIDA SEACOAST NATIONAL Bank SABAL PALM BANCORP, INC. AND SABAL PALM BANK Dated as of August 23, 2021Restrictive Covenant Agreement • August 27th, 2021 • Seacoast Banking Corp of Florida • State commercial banks • Florida
THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”) is made and entered into as of August 23, 2021, by and among Seacoast Banking Corporation of Florida, a Florida corporation (“SBC”), Seacoast National Bank, a national banking association and wholly-owned subsidiary of SBC (“SNB” and collectively with SBC, “Seacoast”), Sabal Palm Bancorp, Inc., a Florida corporation (“Sabal Palm”) and Sabal Palm Bank, a Florida state-chartered bank and wholly-owned subsidiary of Sabal Palm (the “Bank” and collectively with Sabal Palm, the “Company”).
TOTAL SYSTEM SERVICES, INC. STOCK OPTION AGREEMENTRestrictive Covenant Agreement • May 5th, 2016 • Total System Services Inc • Services-business services, nec • Georgia
THIS AGREEMENT (“Agreement”) is made effective as of , by and between TOTAL SYSTEM SERVICES, INC., a Georgia corporation (the “Company”), with its principal office at One TSYS Way, Columbus, Georgia, and you (“Option Holder”), an employee of the Company, its Affiliate or its Subsidiary.
CUBESMART 2007 EQUITY INCENTIVE PLAN RESTRICTED SHARE UNIT GRANT AGREEMENTRestrictive Covenant Agreement • August 4th, 2023 • CubeSmart, L.P. • Real estate investment trusts • Maryland
CubeSmart, a Maryland real estate investment trust (the “Company”), grants Restricted Share Units to the individual named below (“you”), as of the Grant Date set forth below. Each Restricted Share Unit represents an unfunded, unsecured right to receive one (1) Share, subject to the vesting conditions set forth in the attached agreement (the “Agreement”). Additional terms and conditions of the grant are set forth in this cover sheet, in the Agreement, and in the Company’s 2007 Equity Incentive Plan, as may be amended from time to time (the “Plan”).
RESTRICTIVE COVENANT AGREEMENTRestrictive Covenant Agreement • September 30th, 2016 • Blackline, Inc. • Services-prepackaged software • California
This RESTRICTIVE COVENANT AGREEMENT (this “Agreement”), dated as of August 9, 2013, is made by and between Mario Spanicciati (the “Equity Holder”) and SLS Breeze Holdings, Inc. (the “Parent”), a Delaware corporation.
RESTRICTIVE COVENANT AGREEMENTRestrictive Covenant Agreement • July 8th, 2005 • Zhone Technologies Inc • Telephone & telegraph apparatus • Florida
THIS RESTRICTIVE COVENANT AGREEMENT (this “Agreement”) is made and entered into as of the 7th day of July, 2005, by and between Patrick M. Murphy (“Consultant”) and Zhone Technologies, Inc., a Delaware Corporation (“Zhone”).
SAFE BULKERS, INC. - and - SAFETY MANAGEMENT OVERSEAS S.A. AMENDED AND RESTATED MANAGEMENT AGREEMENTRestrictive Covenant Agreement • March 4th, 2016 • Safe Bulkers, Inc. • Deep sea foreign transportation of freight • England
THIS AMENDED AND RESTATED MANAGEMENT AGREEMENT (this “Agreement”) is made on the 29th day of May, 2015 and amends and restates in its entirety that certain Management Agreement, dated May 29, 2008, as amended by that certain Amendment No. 1 to Management Agreement, dated December 7, 2011, that certain Amendment No. 2 to Management Agreement, dated July 29, 2013, and that certain Amendment No. 3 to Management Agreement, dated February 25, 2014 (collectively, the “Original Agreement”),
RESTRICTIVE COVENANT AGREEMENTRestrictive Covenant Agreement • October 6th, 2015 • Duluth Holdings Inc. • Retail-apparel & accessory stores • Wisconsin
THIS RESTRICTIVE COVENANT AGREEMENT (“Agreement”) is made and entered into by and between Al Dittrich (“Executive”) and Duluth Holdings, Inc. (the “Company”).
RESTRICTIVE COVENANT AGREEMENTRestrictive Covenant Agreement • August 4th, 2017 • Compass Minerals International Inc • Mining & quarrying of nonmetallic minerals (no fuels)
This RESTRICTIVE COVENANT AGREEMENT (“Agreement”) is by and between Fran Malecha (“Employee”) and Compass Minerals International, Inc. by and on behalf of itself and any parent companies, successor companies, direct and indirect subsidiaries, other affiliated companies and assigns (hereinafter referred to collectively as “Company”).
RESTRICTIVE COVENANT AGREEMENT among GASLOG LTD., PETER G. LIVANOS and BLENHEIM HOLDINGS LTD.Restrictive Covenant Agreement • March 16th, 2012 • GasLog Ltd. • Water transportation • New York
WHEREAS, the initial public offering of the Company’s Common Shares (as defined below) will involve the sale of an ownership interest in the Company’s business and its goodwill, and the Company wishes to protect such goodwill in order to maximize the proceeds of the sale of its Common Shares in the offering; and
FORM OF RESTRICTIVE COVENANT AGREEMENTRestrictive Covenant Agreement • October 14th, 2021 • Anghami Inc • Communications services, nec • Abu Dhabi
THIS RESTRICTIVE COVENANT AGREEMENT (this “Agreement”) is made as of March 3, 2021, by and between Anghami Inc., a Cayman Islands exempted company and wholly-owned subsidiary of the Company (“Pubco, and together with its successors, and present and future Subsidiaries and Affiliates, including without limitation after the Closing, the Anghami Entities, Vistas and Pubco, the “Covered Parties”), and [●], a [●] (“Shareholder”).
