Company Competitor definition

Company Competitor means any competitor of the Borrower and/or any of its subsidiaries.

Company Competitor means any person that competes in any material respect with the business of Holdings, the Borrowers and their Subsidiaries from time to time, in each case as specifically identified by the Lead Borrower to the Administrative Agent from time to time in writing.

Company Competitor means any Person that is primarily engaged in any business that directly or indirectly competes with the business of the Company in the foodservice distribution business in the continental United States.

Examples of Company Competitor in a sentence

• Notwithstanding the foregoing, nothing herein shall prevent Executive from owning or purchasing stock of a Company Competitor on the open market, either directly or through the ownership of mutual funds or other investment vehicle, as long as Executive does not directly or indirectly own more than 0.1% (in the aggregate) of such Company Competitor.

• During the Restricted Period and within the Restricted Area, Executive shall not directly or indirectly, individually or in combination with others, compete with the Company as an employee, officer, director, independent contractor, consultant, agent, venturer, partner, member, or other beneficial holder of any interest in any Company Competitor (as defined below).

• Nothing in the foregoing covenants shall prevent or limit Executive from owning a passive interest of not more than one percent (1%) of the equity of a Company Competitor if the equity is listed and traded on the New York Stock Exchange or NASDAQ provided that neither such ownership nor any contract or other right gives Executive control of the entity in which Executive owns equity.

• Provider shall not assign an individual filling a Key Provider Personnel to the account of any Company Competitor without Company’s prior written consent (1) while such individual is assigned to Company’s account, and (2) for a period of [*] following the date that such individual is removed from or ceases to provide services in connection with Company’s account.

• After Executive's Date of Termination, the foregoing restrictions shall apply only to affiliations or relationships with a Company Competitor whose primary business location is in the continental United States.

More Definitions of Company Competitor

Company Competitor means any business providing a Competitive Product or Service, and for the avoidance of doubt, includes the Named Company Competitors set forth on Exhibit B to this Agreement.

Company Competitor means those specific competitors of the Company identified on Schedule I to this Agreement, as such Schedule I is supplemented or amended from time to time solely to add successors thereto or acquirers thereof that remain competitors of the Company as reasonably determined by the Company, in each case with the consent of the Stockholder, not to be unreasonably withheld, conditioned or delayed.

Company Competitor means any competitor of the Target and/or any of its subsidiaries.

Company Competitor means (a) any Person that is or becomes (i) a competitor of the Borrower and/or any of its subsidiaries or (ii) an Affiliate of a Person described in clause (a)(i) and, in each case, identified in writing to the Administrative Agent, (b) any reasonably identifiable Affiliate of any person described in clause (a) above (on the basis of such Affiliate’s name) (other than any Debt Fund Affiliate unless the Borrower has a reasonable basis to include such Debt Fund Affiliate as a Company Competitor or Disqualified Institution), and/or (c) any other Affiliate of any Person described in clause (a) or clause (b) above identified by name in a written notice to the Administrative Agent.

Company Competitor means any person that competes with or which is affiliated with a person that competes with the business of Holdings, the Borrower and its Subsidiaries from time to time, in each case as specifically identified by the Borrower to the Administrative Agent from time to time in writing.

Company Competitor means (a) any Person that is reasonably determined by the Board to be a competitor of the Company or any of its Subsidiaries in any material respect and (b) any Affiliate of any such Person specified in clause (a). For purposes hereof, without limiting the foregoing, any Person with, or whose Affiliate has, substantial operations in the Business shall be presumed to be a Company Competitor unless the Board otherwise determines; provided, however, that for purposes of this Agreement, no private equity fund, including the Sponsors (or any of their respective Affiliates), shall be deemed a Company Competitor solely due to its direct or indirect investment in a portfolio company of such Person where such portfolio company would be deemed a Company Competitor.

Company Competitor is a Person that sells, licenses or otherwise offers Competitive Services to its customers, clients or end users.