Common use of Competition with the Corporation Clause in Contracts

Competition with the Corporation. For purposes of this Agreement, (a) the words "Competition with the Corporation" shall be deemed to include competition with the Corporation or any entity controlling, controlled by or under common control with the Corporation (an "Affiliate"), or their respective successors or assigns, or the business of any of them, and (b) a business or enterprise shall be deemed to be in Competition with the Corporation if it is engaged in any business activity which is the same or comparable to any business activity of the Corporation or any Affiliate from time to time during Executive's employment with the Corporation in any geographic area of the United States in which the Corporation or any Affiliate conducted such business. Notwithstanding the foregoing, nothing herein contained shall prevent Executive from purchasing and holding for investment less than 5% of the shares of any corporation the shares of which are regularly traded either on a national securities exchange or in the over-the-counter market.

Appears in 3 contracts

Samples: Change in Control Agreement (Barry R G Corp /Oh/), Agreement (Barry R G Corp /Oh/), Change in Control Agreement (Barry R G Corp /Oh/)

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Competition with the Corporation. For purposes of this Agreement, (aA) the words "Competition with the Corporation" shall be deemed to include competition with the Corporation or any entity controlling, controlled by or under common control with the Corporation (an "Affiliate"), or their respective successors or assigns, or the business of any of them, and (bB) a business or enterprise shall be deemed to be in Competition with the Corporation if it is engaged in any business activity which is the same or comparable to any business activity of the Corporation or any Affiliate from time to time during the Executive's ’s employment with the Corporation in any geographic area of the United States in which the Corporation or any Affiliate conducted such business. Notwithstanding the foregoing, nothing herein contained shall prevent the Executive from purchasing and holding for investment less than 5% of the shares of any corporation the shares of which are regularly traded either on a national securities exchange or in the over-the-counter market.

Appears in 2 contracts

Samples: Change in Control Agreement (Barry R G Corp /Oh/), Change in Control Agreement (Barry R G Corp /Oh/)

Competition with the Corporation. For purposes of this Agreement, (aA) the words "Competition with the Corporation" shall be deemed to include competition with the Corporation or any entity controlling, controlled by or under common control with the Corporation (an "Affiliate"), or their respective successors or assigns, or the business of any of them, and (bB) a business or enterprise shall be deemed to be in Competition with the Corporation if it is engaged in any business activity which is the same or comparable to any business activity of the Corporation or any Affiliate from time to time during the Executive's employment with the Corporation in any geographic area of the United States in which the Corporation or any Affiliate conducted such business. Notwithstanding the foregoing, nothing herein contained shall prevent Executive from purchasing and holding for investment less than 5% of the shares of any corporation the shares of which are regularly traded either on a national securities exchange or in the over-the-counter market.

Appears in 1 contract

Samples: Barry R G Corp /Oh/

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Competition with the Corporation. For purposes of this Agreement, (aA) the words "Competition with the Corporation" shall be deemed to include competition with the Corporation or any entity controlling, controlled by or under common control with the Corporation (an "Affiliate"), or their respective successors or assigns, or the business of any of them, and (bB) a business or enterprise shall be deemed to be in Competition with the Corporation if it is engaged in any business activity which is the same or comparable to any business activity of the Corporation or any Affiliate from time to time during Executive's employment with the Corporation in any geographic area of the United States in which the Corporation or any Affiliate conducted such business. Notwithstanding the foregoing, nothing herein contained shall prevent Executive from purchasing and holding for investment less than 5% of the shares of any corporation the shares of which are regularly traded either on a national securities exchange or in the over-the-counter market.

Appears in 1 contract

Samples: Viren Agreement (Barry R G Corp /Oh/)

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