Agreement Not to Compete/Non-Solicitation. (a) During the twelve (12) month period following the first monthly payment constituting a Change of Control Severance Benefit, or during the six month period following the first monthly payment constituting the Standard Severance Benefit, as applicable (the "Non-Compete Period"), the Executive shall not become engaged in a managerial or executive capacity for, or consultant to, Auto Zone, Inc., The Pep Boys - Manny, Moe & Jack, O'Reilly Automotive, Inc., Advance Stores Company, Inxxxxorxxxx xx Discount Auto Parts, Inc.
Agreement Not to Compete/Non-Solicitation. Employee agrees that during the Employment Period, Employee shall not, directly or indirectly:
Agreement Not to Compete/Non-Solicitation. (a) Each of the Parent and the Seller agrees that during the period ending on the fifth anniversary of the Closing Date, neither the Parent nor the Seller nor any other entity of which the Parent or the Seller owns, directly or indirectly, 25% or more of the voting stock or other similar equity interests (collectively, the "Parent's Affiliates"; provided that FSA and any of its majority-owned subsidiaries will not be considered a Parent's Affiliate unless Parent directly or indirectly (x) owns 50% or more of FSA's voting stock or similar equity interests or (y) otherwise has the power to elect, or has designated, a majority of FSA's board of directors) will engage in the business of originating, selling or servicing residential mortgage loans in the United States (the "mortgage business"). Nothing in this paragraph (a) shall restrict any Parent's Affiliate from investing in the debt or equity securities of, or lending funds or rendering advice or other services to, any other entity, or from engaging in any other business activity, except in each case as specifically provided in the preceding sentence.
Agreement Not to Compete/Non-Solicitation. (a) Executive acknowledges that, by virtue of this position with the Company, Executive will develop considerable expertise in the business operations of the Company and will have access to extensive confidential information with respect to the Company. Executive also acknowledges that this is a personal services contract wherein Executive's services are of a special, unique, unusual, extraordinary and intellectual character. Executive further acknowledges that his services will have peculiar value, the loss of which cannot be reasonably or adequately compensated in damages in an action at law. Executive acknowledges that the Company would be irreparably damaged, and its substantial investment materially impaired, if Executive were to enter into an activity competing with the Company's business in violation of the terms of this Agreement or if Executive were to make unauthorized use or disclosure of any confidential information concerning the business of the Company.
Agreement Not to Compete/Non-Solicitation. (a) The Seller agrees that during the period ending on the fifth anniversary of the Closing Date, neither the Seller nor any other entity of which the Seller owns, directly or indirectly, 51% or more of the voting stock or other similar equity interests (collectively, the "Seller's Affiliates"), will engage in the business of originating, selling or servicing residential mortgage loans in the United States (the "mortgage business")provided, however, that the business conducted by the Acquired Affiliates and Foreign Operations may continue.
Agreement Not to Compete/Non-Solicitation. Executive agrees that Executive shall not compete (as defined below) with the Company or its subsidiaries or affiliates during the Term and for a period of 180 days after the termination of this Agreement for any reason or the termination of Executive’s employment with the Company if Executive remains an employee of the Company after the termination of this Agreement (“Restricted Period”). Executive further agrees not to solicit or hire the employees (employed by the Company or its subsidiaries, parents, or affiliates) or former employees (who were employed by the Company or its subsidiaries, parents or affiliates in the last six months during the Restricted Period. Executive also agrees not to induce any customer or business partner of the Company to breach a contract with the Company during the Restricted Period. For the purposes of this Section 10, “compete” shall mean working or serving in any capacity in which Executive would engage in similar work or activities as Executive did for the Company or would be in a position to utilize Executive’s knowledge and familiarity with the Company’s customer base, policies, pricing or manner of doing business, including but not limited to working or serving as a director, officer, employee, consultant, agent, representative, or in any other capacity, with or without compensation, on behalf of one or more entities that are engaged in the business of marketing, originating, processing, collecting and/or servicing loans to students, their parents or their care-givers that are originally marketed and advanced for the purpose of financing the educations of such students or the business of administering education savings plans. Notwithstanding anything to the contrary herein, it shall not be a violation of this Agreement for Executive to provide services, in any capacity, to an entity that engages in the education loan or the education savings plan administration businesses described in the preceding sentence so long as Executive is engaged in work or services unrelated to the student loan line or education savings plan line of business described in the preceding sentence and does not directly or indirectly supervise that line of business. Executive expressly agrees that the markets served by the Company and its affiliates and/or subsidiaries extend nationally and are not dependent on the geographic location of the personnel or the businesses by which they are employed and that the restrictions set forth in this Section...
Agreement Not to Compete/Non-Solicitation. .6.1. The Seller understands that the Buyer would not have entered into this Agreement absent the provisions of this Section 4.05 and, therefore, the Seller and the Parent shall not directly or indirectly:
Agreement Not to Compete/Non-Solicitation. (a) During the Restricted Period (as defined below), the Executive shall not become engaged in a managerial or executive capacity for, or consultant to, Auto Zone, Inc., The Pep Boys — Manny, Moe & Jxxx, O’Xxxxxx Automotive, Inc., Advance Stores Company, Incorporated, Discount Auto Parts, Inc., any other national auto parts and accessories retailer, any multi-state regional auto parts and accessories retailer that competes with the Company, or any successor to any of them.
Agreement Not to Compete/Non-Solicitation. (a) During the twelve (12) month period following the Executive’s termination of employment under circumstances entitling the Executive to either the Change of Control Severance Benefits or the Standard Severance Benefits, as applicable (the “Non-Compete Period”), the Executive shall not become engaged in a managerial or executive capacity for, or consultant to, Auto Zone, Inc., The Pep Boys – Manny, Moe & Jxxx, O’Xxxxxx Automotive, Inc., Advance Stores Company, Incorporated or Discount Auto Parts, Inc..
Agreement Not to Compete/Non-Solicitation. The Company has agreed to provide the payments and benefits set forth in this Agreement only on the condition that Executive accept certain post-employment restrictions with respect to his post-retirement employment related activities. Executive agrees to accept such conditions as set forth herein:
