Restricted Business Activities means any business which markets and sells to customers of a class or category to which FGX Holdings or any of its subsidiaries, markets and sells at the time Executive’s employment terminated products or services marketed and sold by FGX Holdings or any of its subsidiaries at such time or products or services which at such time FGX Holdings or any of its subsidiaries was actively considering marketing and selling to such customers. During the Non-compete Period, Executive shall not, without the written approval of the Company, directly or indirectly, either as an individual, partner, joint venturer, employee or agent for any person, company, corporation or association, or as an officer, director or stockholder of a corporation or otherwise, enter into or engage in or have a proprietary interest in the Restricted Business Activities other than the ownership of (a) the stock of the Company then held by Executive, and (b) no more than five percent (5%) of the securities of any other publicly-held company. Notwithstanding the foregoing, for so long as a majority of the issued and outstanding capital stock of the Company is owned directly or indirectly by Berggruen Holdings, Limited or one or more of its affiliates or a representative of Berggruen Holdings, Limited or one or more of its affiliates is on the Board (or any entity owning a majority of the issued and outstanding shares of the Company, whether directly or indirectly), the Company shall have the right to extend the Non-compete Period for an additional six (6) months for a total of eighteen (18) months (the “Non-compete Extension”) by delivering to Executive written notice of such decision prior to termination of the original twelve (12) month Non-compete Period. Executive recognizes and agrees that because a violation by him of his obligations under this Section 9 will cause irreparable harm to FGX Holdings or any of its subsidiaries that would be difficult to quantify and for which money damages would be inadequate, any party included in the definition of FGX Holdings or any of its subsidiaries shall have the right to injunctive relief to prevent or restrain any such violation, without the necessity of posting a bond. The Non-compete Period will be extended by the duration of any violation by Executive of any of his obligations under this Section 9. Executive expressly agrees that the character, duration and scope of his obligations under this Section 9 are reasonable in light of the circumstances ...
Restricted Business Activities means the marketing and sale of ladies' and men's consumer soft lines to retail stores, which the Company sold and marketed during Executive's employment with the Company. During the Non-compete Period, Executive shall not, without the written approval of the Company, directly or indirectly, either as an individual, partner, joint venturer, employee or agent for any person, company, corporation or association, or as an officer, director or stockholder of a corporation or otherwise, enter into or engage in or have a proprietary interest in the Restricted Business Activities other than the ownership of (a) the stock of the Company then held by Executive, and (b) no more than five percent (5%) of the securities of any other publicly-held company. The Non-compete period may be extended for up to an additional two (2) years, at the option of the Company, provided that the Company continues to make the monthly payments and provides the benefits required under Section 6.2 hereof, for such additional period. The Executive recognizes and agrees that because a violation by him of his obligations under this Section 8 will cause irreparable harm to the Company that would be difficult to quantify and for which money damages would be inadequate, the Company shall have the right to injunctive relief to prevent or restrain any such violation, without the necessity of posting a bond. Executive expressly agrees that the character, duration and scope of this covenant not to compete are reasonable in light of the circumstances as they exist at the date upon which this Agreement has been executed. However, should a determination nonetheless be made by a court of competent jurisdiction at a later date that the character, duration or geographical scope of this covenant not to compete is unreasonable in light of the circumstances as they then exist, then it is the intention of both Executive and the Company that this covenant not to compete shall be construed by the court in such a manner as to impose only those restrictions on the conduct of Executive which are reasonable in light of the circumstances as they then exist and necessary to assure the Company of the intended benefit of this covenant to compete.
Restricted Business Activities means the business of providing direct-to-patient medical supplies and devices (including diabetes supplies and/or devices, ostomy supplies, wound care supplies, urology supplies, incontinence supplies, enteral nutrition products, and breast pumps) and other similar activities conducted by the Company Group as of the date hereof.
Examples of Restricted Business Activities in a sentence
As used in this Agreement, the term "Restricted Business Activities" shall mean the marketing and sale of ladies' and men's consumer soft lines to retail stores, which the Company sold and marketed during Executive's employment with the Company.
During the Employment Period and after termination of Executive’s employment hereunder, whether or not such termination is without Cause or for Good Reason, Executive shall not be involved in the Restricted Business Activities, as defined below, for the period ending twelve (12) months after the date of termination of Executive’s employment (the “Non-compete Period”) provided that the Company has not otherwise breached its obligations under the Agreement.
The Parties acknowledge that, for all business activities of the Company that belong to Restricted Business Activities, the Company agree to pay an amount equals to the face value of any contract minus the costs and expenses incurred in the process of obtaining and performing this contract by the Company to Golden for every contract it entered into with any third party.
No Restricted Party (defined below) shall, at any time within the Restricted Period (defined below), directly or indirectly, engage in, or have any equity interest in any entity that engages within the Restricted Territory (defined below) in any of the Restricted Business Activities (defined below) in which the Company has been actively engaged in the last 12 months immediately preceding the Closing Date.
During the Employment Period and after termination of this Agreement by the Executive under Section 6.1(a), or by the Company under Section 5 or Section 6.1(b), the Company may restrict the Executive's subsequent involvement in the Restricted Business Activities, as defined below, for the period ending two (2) years after the date of termination of this Agreement (the "Non-compete Period").
More Definitions of Restricted Business Activities
Restricted Business Activities means the marketing and sale of ladies' and men's consumer soft lines to retail stores, which the Company sold and marketed during Executive's employment with the Company. During the Non-compete Period, if the Company requests in writing a restriction on Executive's Restricted Business Activities, Executive shall not, without the written approval of the Company, directly or indirectly, either as an individual, partner, joint venturer, employee or agent for any person, company, corporation or association, or as an officer, director or stockholder of a corporation or otherwise, enter into or engage in or have a proprietary interest in the Restricted Business Activities other than the ownership of (a) the stock of the Company then held by Executive, and (b) no more than five percent (5%) of the securities of any other publicly-held company. The minimum period for which Executive shall be provided the severance package set forth in Section 6.2 hereof shall be two (2) years. The Non-compete period may be extended for up to an additional three (3) years, at the option of the Company, provided that the Company continues to make the monthly payments and provides the benefits required under Section 6.2 hereof, for such additional period. The Executive recognizes and agrees that because a violation by him of his obligations under this Section 8 will cause irreparable harm to the Company that would be difficult to quantify and for which money damages would be inadequate, the Company shall have the right to injunctive relief to prevent or restrain any such violation, without the necessity of posting a bond. Executive expressly agrees that the character, duration and scope of this covenant not to compete are reasonable in light of the circumstances as they exist at the date upon which this Agreement has been executed. However, should a determination nonetheless be made by a court of competent jurisdiction at a later date that the character, duration or geographical scope of this covenant not to compete is unreasonable in light of the circumstances as they then exist, then it is the intention of both Executive and the Company that this covenant not to compete shall
Restricted Business Activities means (a) any Company Business that, under the existing or future laws and regulations of the PRC, including but not limited to the Law of People’s Republic of China Guarding State’s Secrets and its implementing rules, is not permitted to be engaged in by foreign companies or foreign invested companies, regardless of the restrictions on the equity ownership percentage, by any method or through any type of transaction structure, including any Company’s Business that requires the Qualification Permit, (b) any business arising under any contract or agreement now in effect the subcontract of which is prohibited by the contract or agreement itself and (c) any business arising under any contract or agreement now in effect the confidentiality provisions or other provisions of which make the subcontract of such contract impractical or impossible without breaching such provisions.
Restricted Business Activities means the business of providing home health, hospice or outpatient rehabilitation services (other than any outpatient rehabilitation services provided to any residents of any skilled nursing facility providing skilled nursing services that is owned, operated or managed by any Seller or their respective Affiliates (“Skilled Nursing Outpatient Rehabilitation Services”)) and excluding, for the avoidance of doubt, the senior living business and related monthly rent and care charges earned by the senior living business and providing private duty home health services, including operating the Private Duty Home Health Service Business.
Restricted Business Activities means: developing, manufacturing, marketing, distributing and/or selling armoring solutions and/or ballistic products and/or fragmentation kits for vehicles of all kinds including, wheeled ground vehicles (including cars, jeeps, trucks, motorcycles and mopeds), fixed and rotary wing aircraft, boats, ships, building and military vehicles and/or individuals, including ballistic curtains and blankets, vests, chest and back plates, xxxxxxx, and related repair kits but shall not include developing, manufacturing, marketing, distributing and/or selling of Lightweight Releasable Tactical Plate Carriers that are sold as part of Arotech’s modular power distribution system known as “Swipes” (Soldier Worn Integrated Power Equipment System).
Restricted Business Activities means the marketing and sale of ladies' and men's consumer soft lines to retail stores, which the Company sold and marketed during The Executive recognizes and agrees that because a violation by him of his obligations under this Section 8 will cause irreparable harm to the Company that would be difficult to quantify and for which money damages would be inadequate, the Company shall have the right to injunctive relief to prevent or restrain any such violation, without the necessity of posting a bond. Executive expressly agrees that the character, duration and scope of this covenant not to compete are reasonable in light of the circumstances as they exist at the date upon which this Agreement has been executed. However, should a determination nonetheless be made by a court of competent jurisdiction at a later date that the character, duration or geographical scope of this covenant not to compete is unreasonable in light of the circumstances as they then exist, then it is the intention of both Executive and the Company that this covenant not to compete shall be construed by the court in such a manner as to impose only those restrictions on the conduct of Executive which are reasonable in light of the circumstances as they then exist and necessary to assure the Company of the intended benefit of this covenant to compete.
Restricted Business Activities means any business that develops, manufactures or markets any products, or performs any services or engages in any research or development activities with respect to autologous cellular therapies for the treatment of neurodegenerative diseases that are competitive with the products, services or research or development activities of the Company, or products or services or research activities that the Company has developed or are under development or that are the subject of active planning at any time during your employment with the Company.
Restricted Business Activities means the marketing and sale of ladies' and men's consumer soft lines to retail stores, which the Company sold and marketed during Executive's employment with the Company. During the Non-compete Period, Executive shall not, without the written approval of the Company, directly or indirectly, either as an individual, partner, joint venturer, employee or agent for any person, company, corporation or association, or as an officer, director The Executive recognizes and agrees that because a violation by him of his obligations under this Section 8 will cause irreparable harm to the Company that would be difficult to quantify and for which money damages would be inadequate, the Company shall have the right to injunctive relief to prevent or restrain any such violation, without the necessity of posting a bond. Executive expressly agrees that the character, duration and scope of this covenant not to compete are reasonable in light of the circumstances as they exist at the date upon which this Agreement has been executed. However, should a determination nonetheless be made by a court of competent jurisdiction at a later date that the character, duration or geographical scope of this covenant not to compete is unreasonable in light of the circumstances as they then exist, then it is the intention of both Executive and the Company that this covenant not to compete shall be construed by the court in such a manner as to impose only those restrictions on the conduct of Executive which are reasonable in light of the circumstances as they then exist and necessary to assure the Company of the intended benefit of this covenant to compete.