CENT Sample Clauses

CENT. CODE § 9-08-06 (2006) (limit- ing the use of covenants not to compete to the sale of goodwill or partnership inter- ests). 36 See Xxxxxx, supra note 34, at 607-08. 37 Some judges advocate a more ordinary contractual treatment of these cove- nants. See, e.g., Outsource Int’l, Inc. x. Xxxxxx, 192 F.3d 662, 669–72 (7th Cir. 1999) (Posner, J., dissenting) (recommending a more deferential posture toward non- compete covenants as a matter of policy, though opining that existing Illinois law did not support enforcement of the covenant at issue); Robert’s Hair Designers, Inc. x. Xxxxxxx, 000 X.X.0x 000, 000 (Xxx. Xx. App. 2002) (enforcing a non-compete covenant in view of “[a] very strong presumption of enforceability of contracts that represent the freely bargained agreement of the parties” (quoting Xxx & Assocs., Inc. v. Alusuisse Flexible Packaging, Inc., 700 N.E.2d 1163, 1167 (Ind. Ct. App. 1998))). interest.39 Nor is the value of experience or specialized training af- forded to the employee; that enhancement of the employee’s general skills is deemed to belong to the employee as an inalienable aspect of self-ownership.40 Even if the employer can make the threshold showing of a pro- tectible interest, the agreed-upon restraints on postemployment com- petition must be reasonable—that is, no broader than necessary in duration, in geographic reach, and in the activities covered to protect the employer’s legitimate interest.41 So, for example, if the em- ployer’s legitimate interest is in the protection of long-term relation- ships with orthodontic patients, the restraint on competition may not reach beyond the geographic limits of the employer’s patient base; it may not last longer than necessary for the employer to introduce pa- tients to a replacement orthodontist (no more than several months if that is the normal interval between orthodontic visits); and it must be limited to orthodontry and may not extend to general dentistry.42 It matters not if the employee had agreed to longer or broader limits on postemployment competition; those limits will be struck (or perhaps revised) if they are longer or broader than necessary. Finally, even agreements that are necessary to protect the em- ployer’s legitimate interests may be void if they impose too great a hardship on the public (for example, by promoting a monopoly or in- terfering with confidential patient and client relationships)43 or on the promisor/employee.44 In particular, “the harm caused to the em- ployee...
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CENT. Dauphin Sch. Dist., 792 A.2d 691, 699 (Pa. 2001) (discuss- ing employer’s rights in the event of impasse).
CENT. Am. Convention; US-Mex., • Trade-Related Envtl Cooperation Agreements – E.g., NAAEC, MERCOSUR, Chile-Canada • Transboundary Water Agreements – E.g., Amazon Cooperation, La Plata, Guarani, Xxxxxxx • Marine Protection – E.g., Cartagena Convention; Oil Spills and LBS Protocols • Migratory Wildlife

Related to CENT

  • Rounding Any financial ratios required to be maintained by the Borrower pursuant to this Agreement shall be calculated by dividing the appropriate component by the other component, carrying the result to one place more than the number of places by which such ratio is expressed herein and rounding the result up or down to the nearest number (with a rounding-up if there is no nearest number).

  • Fractions Any fractional Share of a Series shall have proportionately all the rights and obligations of a whole share of such Series, including rights with respect to voting, receipt of dividends and distributions and redemption of Shares.

  • Adjustments in Warrant Price 4.3.1 Whenever the number of shares of Common Stock purchasable upon the exercise of the Warrants is adjusted, as provided in subsection 4.1.1 or Section 4.2 above, the Warrant Price shall be adjusted (to the nearest cent) by multiplying such Warrant Price immediately prior to such adjustment by a fraction (x) the numerator of which shall be the number of shares of Common Stock purchasable upon the exercise of the Warrants immediately prior to such adjustment, and (y) the denominator of which shall be the number of shares of Common Stock so purchasable immediately thereafter.

  • No Fractional Share No fractional Share shall be issuable upon exercise of this Warrant and the number of Shares to be issued shall be rounded down to the nearest whole Share. If a fractional Share interest arises upon any exercise of the Warrant, the Company shall eliminate such fractional Share interest by paying Holder in cash the amount computed by multiplying the fractional interest by (i) the fair market value (as determined in accordance with Section 1.3 above) of a full Share, less (ii) the then-effective Warrant Price.

  • Form of Warrant after Adjustments The form of this Warrant need not be changed because of any adjustments in the Warrant Price or the number and kind of Securities purchasable upon the exercise of this Warrant.

  • Adjustments to Conversion Price The Conversion Price shall be subject to adjustment from time to time as follows:

  • Relevant Price On any Valid Day, the per Share volume-weighted average price as displayed under the heading “Bloomberg VWAP” on Bloomberg page W <equity> AQR (or its equivalent successor if such page is not available) in respect of the period from the scheduled opening time of the Exchange to the Scheduled Closing Time of the Exchange on such Valid Day (or if such volume-weighted average price is unavailable at such time, the market value of one Share on such Valid Day, as determined by the Calculation Agent using, if practicable, a volume-weighted average method). The Relevant Price will be determined without regard to after-hours trading or any other trading outside of the regular trading session trading hours.

  • Rounding of Calculations; Minimum Adjustments All calculations under this Section 13 shall be made to the nearest one-tenth (1/10th) of a cent or to the nearest one- hundredth (1/100th) of a share, as the case may be. Any provision of this Section 13 to the contrary notwithstanding, no adjustment in the Exercise Price or the number of Shares into which this Warrant is exercisable shall be made if the amount of such adjustment would be less than $0.01 or one-tenth (1/10th) of a share of Common Stock, but any such amount shall be carried forward and an adjustment with respect thereto shall be made at the time of and together with any subsequent adjustment which, together with such amount and any other amount or amounts so carried forward, shall aggregate $0.01 or 1/10th of a share of Common Stock, or more.

  • Adjustments to Conversion Ratios The number of Ordinary Shares that the holders of Rights are entitled to receive as a result of the occurrence of an Exchange Event shall be equitably adjusted to reflect appropriately the effect of any share split, reverse share split, share dividend, reorganization, recapitalization, reclassification, combination, exchange of shares or other like change with respect to the Ordinary Shares occurring on or after the date hereof and prior to the Exchange Event.

  • Adjustment of Warrant Price The price at which such shares of Warrant Stock may be purchased upon exercise of this Warrant shall be subject to adjustment from time to time as set forth in this Section 4. The Issuer shall give the Holder notice of any event described below which requires an adjustment pursuant to this Section 4 in accordance with the notice provisions set forth in Section 5.

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