Common use of Covenant Against Competition; Other Covenants Clause in Contracts

Covenant Against Competition; Other Covenants. The Executive acknowledges that (i) the principal business of the Company (which expressly includes for purposes of this Section 6 (and any related enforcement provisions hereof), its successors and assigns) is to acquire, originate, finance and manage a portfolio of reverse mortgage loans, reverse mortgage-backed securities and other reverse mortgage-related assets (such businesses, and any and all other businesses in which, at the time of the Executive’s termination, the Company is actively and regularly engaged or actively pursuing, herein being collectively referred to as the “Business”); (ii) the Company is one of the limited number of persons who have developed such a business; (iii) the Company’s Business is national in scope; (iv) the Executive’s work for RMF and the Company has given and will continue to give him access to the confidential affairs and proprietary information of the Company; (v) the covenants and agreements of the Executive contained in this Section 6 are essential to the business and goodwill of the Company; and (vi) the Company would not have entered into this Agreement but for the covenants and agreements set forth in this Section 6. Accordingly, the Executive covenants and agrees that:

Appears in 12 contracts

Samples: Employment Agreement (Reverse Mortgage Investment Trust Inc.), Employment Agreement (Reverse Mortgage Investment Trust Inc.), Employment Agreement (Reverse Mortgage Investment Trust Inc.)

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Covenant Against Competition; Other Covenants. The Executive acknowledges that (i) the principal business of the Company (which expressly includes for purposes of this Section 6 (and any related enforcement provisions hereof), its successors and assigns) is to acquireprovide debt and equity financing for sustainable infrastructure projects that increase energy efficiency, originateprovide cleaner energy sources, finance positively impact the environment and manage a portfolio make more efficient use of reverse mortgage loans, reverse mortgage-backed securities and other reverse mortgage-related assets natural resources (such businesses, and any and all other businesses in which, at the time of the Executive’s termination, the Company is actively and regularly engaged or actively pursuing, herein being collectively referred to as the “Business”); (ii) the Company is one of the limited number of persons who have developed such a business; (iii) the Company’s Business is national in scope; (iv) the Executive’s work for RMF and the Company has given and will continue to give him access to the confidential affairs and proprietary information of the Company; (v) the covenants and agreements of the Executive contained in this Section 6 are essential to the business and goodwill of the Company; and (vi) the Company would not have entered into this Agreement but for the covenants and agreements set forth in this Section 6. Accordingly, the Executive covenants and agrees that:

Appears in 10 contracts

Samples: Employment Agreement (Hannon Armstrong Sustainable Infrastructure Capital, Inc.), Employment Agreement (Hannon Armstrong Sustainable Infrastructure Capital, Inc.), Employment Agreement (Hannon Armstrong Sustainable Infrastructure Capital, Inc.)

Covenant Against Competition; Other Covenants. The Executive acknowledges that (i) the principal business of the Company (which expressly includes which, for purposes of this Section 6 (and any related enforcement provisions hereof), expressly includes its successors and assigns) ), is to acquire, originate, finance and manage a portfolio of reverse mortgage loans, reverse mortgage-backed securities and other reverse mortgage-related assets (such businesses, and any and all other businesses in which, at the time commercial activity comprising any one or more of the Executive’s terminationownership, the Company is actively and regularly engaged acquisition, development or actively pursuing, herein being collectively referred to as management of industrial real estate (the “Business”); (ii) the Company is one of the limited number of persons who have developed such a business; (iii) the Company’s Business is currently national in scopescope within both the United States and Mexico; (iv) the Executive’s work for RMF and the Company has given and will continue to give him access to the confidential affairs and proprietary information of the Company; (v) the covenants and agreements of the Executive contained in this Section 6 are essential to the business and goodwill of the Company; and (vi) the Company would not have entered into this Agreement but for the covenants and agreements set forth in this Section 6. Accordingly, the Executive covenants and agrees that:

Appears in 10 contracts

Samples: Employment Agreement (DCT Industrial Trust Inc.), Employment Agreement (DCT Industrial Trust Inc.), Employment Agreement (DCT Industrial Trust Inc.)

Covenant Against Competition; Other Covenants. The Executive acknowledges that (i) the principal business of the Company (which expressly includes which, for purposes of this Section 6 (and any related enforcement provisions hereof), expressly includes its successors and assigns) is to acquire, originate, finance and manage a portfolio of reverse mortgage loans, reverse mortgage-backed securities and other reverse mortgage-related assets (such businesses, and any and all other businesses in which, at the time commercial activity comprising any one or more of the Executive’s terminationownership, the Company is actively and regularly engaged acquisition, development or actively pursuing, herein being collectively referred to as management of industrial real estate (the “Business”); (ii) the Company is one of the limited number of persons who have developed such a business; (iii) the Company’s Business is currently national in scopescope but in the future, may be expanded outside the United States; (iv) the Executive’s work for RMF Dividend Capital Advisors LLC (or an affiliate thereof) and the Company has given and will continue to give him access to the confidential affairs and proprietary information of the Company; (v) the covenants and agreements of the Executive contained in this Section 6 are essential to the business and goodwill of the Company; and (vi) the Company would not have entered into this Agreement but for the covenants and agreements set forth in this Section 6. Accordingly, the Executive covenants and agrees that:

Appears in 5 contracts

Samples: Employment Agreement (Dividend Capital Trust Inc), Employment Agreement (Dividend Capital Trust Inc), Employment Agreement (Dividend Capital Trust Inc)

Covenant Against Competition; Other Covenants. The Executive acknowledges that (i) the principal business of the Company (which expressly includes for purposes of this Section 6 (and any related enforcement provisions hereof), its successors and assigns) is to acquirethe acquiring, originate, finance owning and manage a portfolio redeveloping of reverse mortgage loans, reverse mortgage-backed securities and other reverse mortgage-related assets enclosed shopping malls (such businesses, and any and all other businesses in which, at the time of the Executive’s termination, the Company is actively and regularly engaged or actively pursuing, business herein being collectively referred to as the "Business"); (ii) the Company is one of the limited number of persons who have developed such a business; (iii) the Company’s 's Business is is, in part, national in scope; (iv) the Executive’s 's work for RMF and the Company has given and will continue to give him access to the confidential affairs and proprietary information of the Company; (v) the covenants and agreements of the Executive contained in this Section 6 are essential to the business and goodwill of the Company; and (vi) the Company would not have entered into this Agreement but for the covenants and agreements set forth in this Section 6. Accordingly, the Executive covenants and agrees that:

Appears in 5 contracts

Samples: Employment Agreement (Feldman Mall Properties, Inc.), Employment Agreement (Feldman Mall Properties, Inc.), Employment Agreement (Feldman Mall Properties, Inc.)

Covenant Against Competition; Other Covenants. The Executive acknowledges that (i) the principal business of the Company (which expressly includes for purposes of this Section 6 (and any related enforcement provisions hereof), its successors and assigns) is to acquirethe management, originateacquisition, finance ownership and manage redevelopment of shopping centers in the United States on behalf of a portfolio of reverse mortgage loans, reverse mortgagepublicly-backed securities and other reverse mortgage-related assets traded real estate investment trust (such businesses, and any and all other businesses in which, at the time of the Executive’s termination, the Company is actively and regularly engaged or actively pursuing, herein being collectively referred to as the “Business”); (ii) the Company is one of the limited number of persons who have developed such a business; (iii) the Company’s Business is national in scope; (iv) the Executive’s work for RMF and the Company has given and will continue to give him access to the confidential affairs and proprietary information of the Company; (v) the covenants and agreements of the Executive contained in this Section 6 are essential to the business and goodwill of the Company; and (vi) the Company would not have entered into this Agreement but for the covenants and agreements set forth in this Section 6. Accordingly, the Executive covenants and agrees that:

Appears in 5 contracts

Samples: Employment Agreement (DLC Realty Trust, Inc.), Employment Agreement (DLC Realty Trust, Inc.), Employment Agreement (DLC Realty Trust, Inc.)

Covenant Against Competition; Other Covenants. The Executive acknowledges that (i) the principal business of the Company (which expressly includes for purposes of this Section 6 7 (and any related enforcement provisions hereof), its successors and assigns) is to acquirethe development, originateacquisition, finance and manage a portfolio of reverse mortgage loansoperation, reverse mortgagemanagement or investment in self-backed securities and other reverse mortgage-related assets storage facilities (such businesses, and any and all other businesses in whichthat after the date hereof, at and from time to time during the time of Term, become material with respect to the ExecutiveCompany’s termination, the Company is actively and regularly engaged or actively pursuingthen-overall business, herein being collectively referred to as the “Business”); (ii) the Company is one of the limited number of persons who entities which have developed such a business; (iii) the Company’s Business is is, in part, national in scope; (iv) the Executive’s work for RMF and the Company has given and will continue to give him access to the confidential affairs and proprietary information of the Company; (v) the covenants and agreements of the Executive contained in this Section 6 7 are essential to the business and goodwill of the Company; and (vi) the Company would not have entered into this Agreement but for the covenants and agreements set forth in this Section 67. Accordingly, the Executive covenants and agrees that:

Appears in 4 contracts

Samples: Employment Agreement (Extra Space Storage Inc.), Employment Agreement (Extra Space Storage Inc.), Employment Agreement (Extra Space Storage Inc.)

Covenant Against Competition; Other Covenants. The Executive acknowledges that (i) the principal business of the Company (which expressly includes for purposes of this Section 6 (and any related enforcement provisions hereof), its successors and assigns) is to acquirethe structuring, originateorganization, finance and manage consulting with, managing, servicing or otherwise engaging in the business of pooling trust preferred or providing financing through the issuance of similar debt securities or equity securities issued by REITs or real estate operating companies or their affiliates, wherever located, whether in a portfolio of reverse mortgage loans, reverse mortgage-backed securities and other reverse mortgage-related assets “CDO” structure or otherwise (such businesses, and any and all other businesses in which, at the time of the Executive’s termination, the Company is actively and regularly engaged or actively pursuing, business herein being collectively referred to as the “Business”); (ii) the Company is one of the limited number of persons who have developed such a business; (iii) the Company’s Business is is, in part, national in scope; (iv) the Executive’s work for RMF and the Company has given and will continue to give him access to the confidential affairs and proprietary information of the Company; (v) the covenants and agreements of the Executive contained in this Section 6 are essential to the business and goodwill of the Company; and (vi) the Company would not have entered into this Agreement but for the covenants and agreements set forth in this Section 6. Accordingly, the Executive covenants and agrees that:

Appears in 4 contracts

Samples: Employment Agreement (Taberna Realty Finance Trust), Employment Agreement (Taberna Realty Finance Trust), Employment Agreement (Taberna Realty Finance Trust)

Covenant Against Competition; Other Covenants. The Executive acknowledges that (i) the principal business of the Company (which expressly includes for purposes of this Section 6 (and any related enforcement provisions hereof), its successors and assigns) is to acquire, originate, finance the ownership and manage a portfolio leasing of reverse mortgage loans, reverse mortgage-backed securities vineyards and other reverse mortgage-real estate assets related assets to the wine industry (such businessesbusiness, and any and all such other principal businesses in which, at which the time Company may engage during the employ of the Executive’s termination, the Company is actively and regularly engaged or actively pursuing, as herein being collectively referred to as the "Business"); (ii) the Company is one of the limited number of persons who have developed such a business; (iii) the Company’s 's Business is is, in part, national in scope; (iv) the Executive’s 's work for RMF and the Company has given and will continue to give him access to the confidential affairs and proprietary information of the Company; (v) the covenants and agreements of the Executive contained in this Section 6 are essential to the business and goodwill of the Company; and (vi) the Company would not have entered into this Agreement but for the covenants and agreements set forth in this Section 6. Accordingly, the Executive covenants and agrees that:

Appears in 4 contracts

Samples: Employment Agreement (Vintage Wine Trust Inc), Employment Agreement (Vintage Wine Trust Inc), Employment Agreement (Vintage Wine Trust Inc)

Covenant Against Competition; Other Covenants. The Executive acknowledges that (i) the principal business of the Company (which expressly includes for purposes of this Section 6 (and any related enforcement provisions hereof), its successors and assigns) is to acquireown, originate, finance operate and manage a portfolio of reverse mortgage loans, reverse mortgage-backed securities and other reverse mortgage-related assets acquire self‑storage properties in the top 000 xxxxxxxxxxxx xxxxxxxxxxx xxxxx xxxxxxxxxx xxx Xxxxxx Xxxxxx (such businesses, and any and all other businesses in which, at the time of the Executive’s 's termination, the Company is actively and regularly engaged or actively pursuing, herein being collectively referred to as the "Business"); (ii) the Company is one of the limited number of persons who have developed such a business; (iii) the Company’s 's Business is national in scope; (iv) the Executive’s 's work for RMF NSA and the Company has given and will continue to give him access to the confidential affairs and proprietary information of the Company; (v) the covenants and agreements of the Executive contained in this Section 6 are essential to the business and goodwill of the Company; and (vi) the Company would not have entered into this Agreement but for the covenants and agreements set forth in this Section 6. Accordingly, the Executive covenants and agrees that:

Appears in 3 contracts

Samples: Employment Agreement (National Storage Affiliates Trust), Employment Agreement (National Storage Affiliates Trust), Employment Agreement (National Storage Affiliates Trust)

Covenant Against Competition; Other Covenants. The Executive acknowledges that (i) the principal business of the Company (which expressly includes for purposes of this Section 6 (and any related enforcement provisions hereof), its successors and assigns) is to acquirethe designing, originatedeveloping, finance and manage a portfolio marketing or selling of reverse mortgage loansspinal surgery implants, reverse mortgage-backed securities and other reverse mortgage-related assets instruments or products (such businessesbusiness, and any and all other businesses in whichthat after the Effective Date, at and from time to time during the time of Term, become material with respect to the ExecutiveCompany’s termination, the Company is actively and regularly engaged or actively pursuingthen-overall business, herein being collectively referred to as the “Business”); (ii) the Company is one of the limited number of persons who have developed such a businessbusiness in the Company’s market; (iii) the Company’s Business is national in scope; (iv) the Executive’s work for RMF and the Company has given and will continue to give him access to the confidential affairs and proprietary information of the Company; (viv) the covenants and agreements of the Executive contained in this Section 6 are essential to the business and goodwill of the Company; and (viv) the Company would not have entered into this Agreement but for the covenants and agreements set forth in this Section 6. Accordingly, the Executive covenants and agrees that:

Appears in 3 contracts

Samples: Employment Agreement (K2m Group Holdings, Inc.), Employment Agreement (K2m Group Holdings, Inc.), Employment Agreement (K2m Group Holdings, Inc.)

Covenant Against Competition; Other Covenants. The Executive acknowledges that (i) the principal business of the Company (which expressly includes for purposes of this Section 6 (and any related enforcement provisions hereof), its successors and assigns) is to acquirethe structuring, originateorganization, finance and manage consulting with, managing, servicing or otherwise engaging in the business of pooling trust preferred securities or providing financing through the issuance of similar debt securities or equity securities issued by REITs or real estate operating companies or their affiliates, wherever located, whether in a portfolio of reverse mortgage loans, reverse mortgage-backed securities and other reverse mortgage-related assets “CDO” structure or otherwise (such businesses, and any and all other businesses in which, at the time of the Executive’s termination, the Company is actively and regularly engaged or actively pursuing, business herein being collectively referred to as the “Business”); (ii) the Company is one of the limited number of persons who have developed such a business; (iii) the Company’s Business is is, in part, national in scope; (iv) the Executive’s work for RMF and the Company has given and will continue to give him access to the confidential affairs and proprietary information of the Company; (v) the covenants and agreements of the Executive contained in this Section 6 are essential to the business and goodwill of the Company; and (vi) the Company would not have entered into this Agreement but for the covenants and agreements set forth in this Section 6. Accordingly, the Executive covenants and agrees that:

Appears in 3 contracts

Samples: Employment Agreement (Taberna Realty Finance Trust), Employment Agreement (RAIT Financial Trust), Employment Agreement (Taberna Realty Finance Trust)

Covenant Against Competition; Other Covenants. The Executive acknowledges that (i) the principal business of the Company (which expressly includes for purposes of this Section 6 (and any related enforcement provisions hereof), its successors and assigns) is to acquirethe ownership, originateoperation, finance development, redevelopment, acquisition and manage a portfolio management of reverse mortgage loans, reverse mortgage-backed securities strategically located medical office buildings and other reverse mortgage-healthcare related assets facilities in the Southeastern United States. (such businesses, business and any and all other businesses in whichthat after the date hereof, at and from time to time during the time of Term, become material with respect to the ExecutiveCompany’s termination, the Company is actively and regularly engaged or actively pursuingthen-overall business, herein being collectively referred to as the “Business”); (ii) the Company is one of the limited number of persons who have developed such a business; (iii) the Company’s Business is is, in part, national in scope; (iv) the Executive’s work for RMF Cxxxxxx Sxxxxxx Advisors, Inc. and the Company has given and will continue to give him access to the confidential affairs and proprietary information of the Company; (v) the covenants and agreements of the Executive contained in this Section 6 are essential to the business and goodwill of the Company; and (vi) the Company would not have entered into this Agreement but for the covenants and agreements set forth in this Section 6. Accordingly, the Executive covenants and agrees that:

Appears in 3 contracts

Samples: Employment Agreement (Cogdell Spencer Inc.), Employment Agreement (Cogdell Spencer Inc.), Employment Agreement (Cogdell Spencer Inc.)

Covenant Against Competition; Other Covenants. The Executive acknowledges that (i) the principal business of the Company (which expressly includes for purposes of this Section 6 (and any related enforcement provisions hereof), its successors and assigns) is to acquirethe development, originateacquisition, finance and manage a portfolio of reverse mortgage loansoperation, reverse mortgagemanagement or investment in self-backed securities and other reverse mortgage-related assets storage facilities (such businesses, and any and all other businesses in whichthat after the date hereof, at and from time to time during the time of Term, become material with respect to the ExecutiveCompany’s termination, the Company is actively and regularly engaged or actively pursuingthen-overall business, herein being collectively referred to as the “Business”); (ii) the Company (as successor in interest to the assets, properties and businesses of Extra Space Storage LLC) is one of the limited number of persons who have developed such a business; (iii) the Company’s Business is is, in part, national in scope; (iv) the Executive’s work for RMF Extra Space Storage LLC and the Company has given and will continue to give him access to the confidential affairs and proprietary information of the Company; (v) the covenants and agreements of the Executive contained in this Section 6 are essential to the business and goodwill of the Company; and (vi) the Company would not have entered into this Agreement but for the covenants and agreements set forth in this Section 6. Accordingly, the Executive covenants and agrees that:

Appears in 3 contracts

Samples: Employment Agreement (Extra Space Storage Inc.), Employment Agreement (Extra Space Storage Inc.), Employment Agreement (Extra Space Storage Inc.)

Covenant Against Competition; Other Covenants. The Executive acknowledges that (i) the principal business of the Company (which expressly includes which, for purposes of this Section 6 (and any related enforcement provisions hereof), expressly includes its successors and assigns) ), is to acquire, originate, finance and manage a portfolio of reverse mortgage loans, reverse mortgage-backed securities and other reverse mortgage-related assets (such businesses, and any and all other businesses in which, at the time commercial activity comprising any one or more of the Executive’s terminationownership, the Company is actively and regularly engaged acquisition, development or actively pursuing, herein being collectively referred to as management of industrial real estate (the “Business”); (ii) the Company is one of the limited number of persons who have developed such a business; (iii) the Company’s Business is is, currently national in scope, but in the future, may be expanded outside the United States; (iv) the Executive’s work for RMF and the Company has given and will continue to give him access to the confidential affairs and proprietary information of the Company; (v) the covenants and agreements of the Executive contained in this Section 6 are essential to the business and goodwill of the Company; and (vi) the Company would not have entered into this Agreement but for the covenants and agreements set forth in this Section 6. Accordingly, the Executive covenants and agrees that:

Appears in 2 contracts

Samples: Employment Agreement (Dividend Capital Trust Inc), Employment Agreement (Dividend Capital Trust Inc)

Covenant Against Competition; Other Covenants. The Executive acknowledges that (i) the principal business of the Company (which expressly includes for purposes of this Section 6 (and any related enforcement provisions hereof), its successors and assigns) is to acquireown, originate, finance operate and manage a portfolio of reverse mortgage loans, reverse mortgageacquire self-backed securities and other reverse mortgage-related assets storage properties in the top 000 xxxxxxxxxxxx xxxxxxxxxxx xxxxx xxxxxxxxxx xxx Xxxxxx Xxxxxx (such businesses, and any and all other businesses in which, at the time of the Executive’s 's termination, the Company is actively and regularly engaged or actively pursuing, herein being collectively referred to as the "Business"); (ii) the Company is one of the limited number of persons who have developed such a business; (iii) the Company’s 's Business is national in scope; (iv) the Executive’s 's work for RMF NSA and the Company has given and will continue to give him access to the confidential affairs and proprietary information of the Company; (v) the covenants and agreements of the Executive contained in this Section 6 are essential to the business and goodwill of the Company; and (vi) the Company would not have entered into this Agreement but for the covenants and agreements set forth in this Section 6. Accordingly, the Executive covenants and agrees that:

Appears in 2 contracts

Samples: Employment Agreement (National Storage Affiliates Trust), Employment Agreement (National Storage Affiliates Trust)

Covenant Against Competition; Other Covenants. The Executive acknowledges that (i) the principal business of the Company (which expressly includes for purposes of this Section 6 (and any related enforcement provisions hereof), its successors and assigns) is to acquireown, originate, finance operate and manage a portfolio of reverse mortgage loans, reverse mortgageacquire self-backed securities and other reverse mortgage-related assets storage properties in the top 000 xxxxxxxxxxxx xxxxxxxxxxx xxxxx xxxxxxxxxx xxx Xxxxxx Xxxxxx (such businesses, and any and all other businesses in which, at the time of the Executive’s termination, the Company is actively and regularly engaged or actively pursuing, herein being collectively referred to as the “Business”); (ii) the Company is one of the limited number of persons who have developed such a business; (iii) the Company’s Business is national in scope; (iv) the Executive’s work for RMF NSA and the Company has given and will continue to give him access to the confidential affairs and proprietary information of the Company; (v) the covenants and agreements of the Executive contained in this Section 6 are essential to the business and goodwill of the Company; and (vi) the Company would not have entered into this Agreement but for the covenants and agreements set forth in this Section 6. Accordingly, the Executive covenants and agrees that:

Appears in 2 contracts

Samples: Employment Agreement (National Storage Affiliates Trust), Employment Agreement (National Storage Affiliates Trust)

Covenant Against Competition; Other Covenants. The Executive acknowledges that (i) the principal business of the Company (which expressly includes for purposes of this Section 6 5 (and any related enforcement provisions hereof), its successors and assigns) is to acquire, originate, finance aircraft and manage a portfolio of reverse mortgage loans, reverse mortgage-backed securities and other reverse mortgage-related assets aviation equipment leasing (such businessesbusiness, and any and all other businesses in whichthat after the Effective Date, at and from time to time during the time of Term, become material with respect to the ExecutiveCompany’s termination, the Company is actively and regularly engaged or actively pursuingthen-overall business, herein being collectively referred to as the “Business”); (ii) the Company is one of the limited number of persons and entities who have developed such a businessbusiness (the business of such a person or entity in competition with the Company, a “Competing Business”); (iii) the Company’s Business is is, in part, national in scope; (iv) the Executive’s work for RMF and the Company has given and will continue to give him access to the confidential affairs and proprietary information of the Company; (v) the covenants and agreements of the Executive contained in this Section 6 5 are essential to the business and goodwill of the Company; and (vi) the Company would not have entered into this Severance Agreement but for the covenants and agreements set forth in this Section 65. Accordingly, the Executive covenants and agrees that:

Appears in 2 contracts

Samples: Severance Agreement (Air Lease Corp), Severance Agreement (Air Lease Corp)

Covenant Against Competition; Other Covenants. The Executive acknowledges that (i) the principal business of the Company (which expressly includes for purposes of this Section 6 5 (and any related enforcement provisions hereof), its successors and assigns) is to acquirethe acquiring, originate, finance owning and manage a portfolio redeveloping of reverse mortgage loans, reverse mortgage-backed securities and other reverse mortgage-related assets enclosed shopping malls (such businesses, and any and all other businesses in which, at the time of the Executive’s termination, the Company is actively and regularly engaged or actively pursuing, business herein being collectively referred to as the “Business”); (ii) the Company is one of the limited number of persons who have developed such a business; (iii) the Company’s Business is is, in part, national in scope; (iv) the Executive’s work for RMF and the Company has given and will continue to give him access to the confidential affairs and proprietary information of the Company; (v) the covenants and agreements of the Executive contained in this Section 6 5 are essential to the business and goodwill of the Company; and (vi) the Company would not have entered into this Agreement but for the covenants and agreements set forth in this Section 65. Accordingly, the Executive covenants and agrees that:

Appears in 2 contracts

Samples: Employment Agreement (Feldman Mall Properties, Inc.), Employment Agreement (Feldman Mall Properties, Inc.)

Covenant Against Competition; Other Covenants. The Executive acknowledges that (i) the principal business of the Company (which expressly includes for purposes of this Section 6 (and any related enforcement provisions hereof), its successors and assigns) is to acquirethe structuring, originateorganization, finance and manage consulting with, managing, servicing or otherwise engaging in the business of pooling trust preferred securities or providing financing through the issuance of similar debt securities or equity securities issued by REITs or real estate operating companies or their affiliates, wherever located, whether in a portfolio of reverse mortgage loans, reverse mortgage-backed securities and other reverse mortgage-related assets “CDO” structure or otherwise (such businesses, and any and all other businesses in which, at the time of the Executive’s termination, the Company is actively and regularly engaged or actively pursuing, business herein being collectively referred to as the “Business”); (ii) the Company is one of the limited number of persons who have developed such a business; (iii) the Company’s Business is is, in part, national in scope; (iv) the Executive’s work for RMF and the Company has given and will continue to give him access to the confidential affairs and proprietary information of the Company; (v) the covenants and agreements of the Executive contained in this Section 6 are essential to the business and goodwill of the Company; and (vi) the Company would not have entered into this Agreement but for the covenants and agreements set forth in this Section 6. Accordingly, the Executive covenants and agrees that:

Appears in 2 contracts

Samples: Employment Agreement (Rait Investment Trust), Employment Agreement (Rait Investment Trust)

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Covenant Against Competition; Other Covenants. The Executive acknowledges that (i) the principal business of the Company (which expressly includes for purposes of this Section 6 (and any related enforcement provisions hereof), its successors and assigns, all of which are expressly acknowledged and agreed as third-party beneficiaries of, without limitation, this Section 6 (and such related provisions)) is to acquireproviding loan products and solutions through retail, originate, finance wholesale and manage a portfolio of reverse mortgage loans, reverse mortgage-backed securities and other reverse mortgage-related assets conduit channels (such businesses, and any and all other businesses in which, at the time of the Executive’s termination, the Company is actively and regularly engaged or actively pursuing, business herein being collectively referred to as the “Business”); (ii) the Company is one of the limited number of persons who have developed such a business; (iii) the Company’s Business is is, in part, national in scope; (iv) the Executive’s work for RMF and the Company has given and will continue to give him access to the confidential affairs and proprietary information of the Company; (v) the covenants and agreements of the Executive contained in this Section 6 are essential to the business and goodwill of the Company; (vi) as an executive officer and principal shareholder of the Company, the Executive will enjoy significant economic benefits as a result of the acquisition of the Company by the Parent; and (vivii) the Company would not have entered into this Agreement and the Parent would not have entered into the Acquisition Agreement but for the covenants and agreements set forth in this Section 6. Accordingly, the Executive covenants and agrees that:

Appears in 2 contracts

Samples: Employment Agreement (Opteum Inc.), Employment Agreement (Opteum Inc.)

Covenant Against Competition; Other Covenants. The Executive acknowledges that (i) the principal business of the Company (which expressly includes for purposes of this Section 6 (and any related enforcement provisions hereof), its successors and assigns) is to acquire, originate, finance the ownership and manage a portfolio leasing of reverse mortgage loans, reverse mortgage-backed securities vineyards and other reverse mortgage-real estate assets related assets to the wine industry (such businessesbusiness, and any and all such other principal businesses in which, at which the time Company may engage during the employ of the Executive’s termination, the Company is actively and regularly engaged or actively pursuing, as herein being collectively referred to as the "Business"; provided, however, that, for purposes of this Agreement, the definition of "Business" shall not include the business of Xxxxxx X. Xxxxxx & Co., LLC as it exists as of the date hereof.); (ii) the Company is one of the limited number of persons who have developed such a business; (iii) the Company’s 's Business is is, in part, national in scope; (iv) the Executive’s 's work for RMF and the Company has given and will continue to give him access to the confidential affairs and proprietary information of the Company; (v) the covenants and agreements of the Executive contained in this Section 6 are essential to the business and goodwill of the Company; and (vi) the Company would not have entered into this Agreement but for the covenants and agreements set forth in this Section 6. Accordingly, the Executive covenants and agrees that:

Appears in 1 contract

Samples: Employment Agreement (Vintage Wine Trust Inc)

Covenant Against Competition; Other Covenants. The Executive acknowledges that (i) the principal business of the Company (which expressly includes which, for purposes of this Section 6 (and any related enforcement provisions hereof), expressly includes its successors and assigns) ), is to acquire, originate, finance and manage a portfolio of reverse mortgage loans, reverse mortgage-backed securities and other reverse mortgage-related assets (such businesses, and any and all other businesses in which, at the time commercial activity comprising any one or more of the Executive’s terminationownership, the Company is actively and regularly engaged acquisition, development or actively pursuing, herein being collectively referred to as management of industrial real estate (the “Business”); (ii) the Company is one of the limited number of persons who have developed such a business; (iii) the Company’s Business is currently national in scopescope within the United States; (iv) the Executive’s work for RMF and the Company has given and will continue to give him access to the confidential affairs and proprietary information of the Company; (v) the covenants and agreements of the Executive contained in this Section 6 are essential to the business and goodwill of the Company; and (vi) the Company would not have entered into this Agreement but for the covenants and agreements set forth in this Section 6. Accordingly, the Executive covenants and agrees that:

Appears in 1 contract

Samples: Employment Agreement (DCT Industrial Operating Partnership LP)

Covenant Against Competition; Other Covenants. The Executive acknowledges that (i) the principal business of the Company (which expressly includes for purposes of this Section 6 (and any related enforcement provisions hereof), its successors and assigns) is to acquireown, originate, finance operate and manage a portfolio of reverse mortgage loans, reverse mortgageacquire self-backed securities and other reverse mortgage-related assets storage properties in the top 000 xxxxxxxxxxxx xxxxxxxxxxx xxxxx xxxxxxxxxx xxx Xxxxxx Xxxxxx (such businesses, and any and all other businesses in which, at the time of the Executive’s 's termination, the Company is actively and regularly engaged or actively pursuing, herein being collectively referred to as the "Business"); (ii) the Company is one of the limited number of persons who have developed such a business; (iii) the Company’s 's Business is national in scope; (iv) the Executive’s 's work for RMF NSA and the Company has given and will continue to give him her access to the confidential affairs and proprietary information of the Company; (v) the covenants and agreements of the Executive contained in this Section 6 are essential to the business and goodwill of the Company; and (vi) the Company would not have entered into this Agreement but for the covenants and agreements set forth in this Section 6. Accordingly, the Executive covenants and agrees that:

Appears in 1 contract

Samples: Employment Agreement (National Storage Affiliates Trust)

Covenant Against Competition; Other Covenants. The Executive acknowledges that (i) the principal business of the Company (which expressly includes for purposes of this Section 6 (and any related enforcement provisions hereof), its successors and assigns) is to acquirethe acquiring, originate, finance owning and manage a portfolio redeveloping of reverse mortgage loans, reverse mortgage-backed securities and other reverse mortgage-related assets enclosed shopping malls (such businesses, and any and all other businesses in which, at the time of the Executive’s termination, the Company is actively and regularly engaged or actively pursuing, business herein being collectively referred to as the “Business”); (ii) the Company is one of the limited number of persons who have developed such a business; (iii) the Company’s Business is is, in part, national in scope; (iv) the Executive’s work for RMF and the Company has given and will continue to give him access to the confidential affairs and proprietary information of the Company; (v) the covenants and agreements of the Executive contained in this Section 6 are essential to the business and goodwill of the Company; and (vi) the Company would not have entered into this Agreement but for the covenants and agreements set forth in this Section 6. Accordingly, the Executive covenants and agrees that:

Appears in 1 contract

Samples: Employment Agreement (Feldman Mall Properties, Inc.)

Covenant Against Competition; Other Covenants. The Executive acknowledges that (i) the principal business of the Company (which expressly includes for purposes of this Section 6 (and any related enforcement provisions hereof), its successors and assigns) is to acquireown, originate, finance operate and manage a portfolio of reverse mortgage loans, reverse mortgage-backed securities and other reverse mortgage-related assets acquire self‑storage properties in the top 000 xxxxxxxxxxxx xxxxxxxxxxx xxxxx xxxxxxxxxx xxx Xxxxxx Xxxxxx (such businesses, and any and all other businesses in which, at the time of the Executive’s 's termination, the Company is actively and regularly engaged or actively pursuing, herein being collectively referred to as the "Business"); (ii) the Company is one of the limited number of persons who have developed such a business; (iii) the Company’s 's Business is national in scope; (iv) the Executive’s 's work for RMF NSA and the Company has given and will continue to give him her access to the confidential affairs and proprietary information of the Company; (v) the covenants and agreements of the Executive contained in this Section 6 are essential to the business and goodwill of the Company; and (vi) the Company would not have entered into this Agreement but for the covenants and agreements set forth in this Section 6. Accordingly, the Executive covenants and agrees that:

Appears in 1 contract

Samples: Employment Agreement (National Storage Affiliates Trust)

Covenant Against Competition; Other Covenants. The Executive acknowledges that (i) the principal business of the Company (which expressly includes for purposes of this Section 6 (and any related enforcement provisions hereof), its successors and assigns) is to acquirethe ownership, originateoperation, finance development, redevelopment, acquisition and manage a portfolio management of reverse mortgage loans, reverse mortgage-backed securities strategically located medical office buildings and other reverse mortgage-healthcare related assets facilities (such businesses, business and any and all other businesses in whichthat after the date hereof, at and from time to time during the time of Term, become material with respect to the ExecutiveCompany’s termination, the Company is actively and regularly engaged or actively pursuingthen-overall business, herein being collectively referred to as the “Business”); (ii) the Company is one of the limited number of persons who have developed such a business; (iii) the Company’s Business is is, in part, national in scope; (iv) the Executive’s work for RMF and the Company has given and will continue to give him her access to the confidential affairs and proprietary information of the Company; (v) the covenants and agreements of the Executive contained in this Section 6 are essential to the business and goodwill of the Company; and (vi) the Company would not have entered into this Agreement but for the covenants and agreements set forth in this Section 6. Accordingly, the Executive covenants and agrees that:

Appears in 1 contract

Samples: Employment Agreement (Cogdell Spencer Inc.)

Covenant Against Competition; Other Covenants. The Executive acknowledges that (i) the principal business of the Company (which expressly includes for purposes of this Section 6 (and any related enforcement provisions hereof), its successors and assigns) is to acquireprovide debt and equity financing for sustainable infrastructure projects that increase energy efficiency, originateprovide cleaner energy sources, finance positively impact the environment and manage a portfolio make more efficient use of reverse mortgage loans, reverse mortgage-backed securities and other reverse mortgage-related assets natural resources (such businesses, and any and all other businesses in which, at the time of the Executive’s 's termination, the Company is actively and regularly engaged or actively pursuing, herein being collectively referred to as the "Business"); (ii) the Company is one of the limited number of persons who have developed such a business; (iii) the Company’s 's Business is national in scope; (iv) the Executive’s 's work for RMF and the Company has given and will continue to give him access to the confidential affairs and proprietary information of the Company; (v) the covenants and agreements of the Executive contained in this Section 6 are essential to the business and goodwill of the Company; and (vi) the Company would not have entered into this Agreement but for the covenants and agreements set forth in this Section 6. Accordingly, the Executive covenants and agrees that:

Appears in 1 contract

Samples: Employment Agreement (Hannon Armstrong Sustainable Infrastructure Capital, Inc.)

Covenant Against Competition; Other Covenants. The Executive acknowledges that (i) the principal business of the Company (which expressly includes for purposes of this Section 6 (and any related enforcement provisions hereof), its successors and assigns) is to acquireown, originate, finance operate and manage a portfolio of reverse mortgage loans, reverse mortgageacquire self-backed securities and other reverse mortgage-related assets storage properties in the top 100 metropolitan statistical areas throughout the United States (such businesses, and any and all other businesses in which, at the time of the Executive’s 's termination, the Company is actively and regularly engaged or actively pursuing, herein being collectively referred to as the "Business"); (ii) the Company is one of the limited number of persons who have developed such a business; (iii) the Company’s 's Business is national in scope; (iv) the Executive’s 's work for RMF NSA and the Company has given and will continue to give him access to the confidential affairs and proprietary information of the Company; (v) the covenants and agreements of the Executive contained in this Section 6 are essential to the business and goodwill of the Company; and (vi) the Company would not have entered into this Agreement but for the covenants and agreements set forth in this Section 6. Accordingly, the Executive covenants and agrees that:

Appears in 1 contract

Samples: Employment Agreement (National Storage Affiliates Trust)

Covenant Against Competition; Other Covenants. The Executive acknowledges that (i) the principal business of the Company (which expressly includes for purposes of this Section 6 (and any related enforcement provisions hereof), its successors and assigns) is to acquireown, originate, finance operate and manage a portfolio of reverse mortgage loans, reverse mortgage-backed securities and other reverse mortgage-related assets acquire self- storage properties in the top 000 xxxxxxxxxxxx xxxxxxxxxxx xxxxx xxxxxxxxxx xxx Xxxxxx Xxxxxx (such businesses, and any and all other businesses in which, at the time of the Executive’s 's termination, the Company is actively and regularly engaged or actively pursuing, herein being collectively referred to as the "Business"); (ii) the Company is one of the limited number of persons who have developed such a business; (iii) the Company’s 's Business is national in scope; (iv) the Executive’s 's work for RMF NSA and the Company has given and will continue to give him access to the confidential affairs and proprietary information of the Company; (v) the covenants and agreements of the Executive contained in this Section 6 are essential to the business and goodwill of the Company; and (vi) the Company would not have entered into this Agreement but for the covenants and agreements set forth in this Section 6. Accordingly, the Executive covenants and agrees that:

Appears in 1 contract

Samples: Employment Agreement (National Storage Affiliates Trust)

Covenant Against Competition; Other Covenants. The Executive acknowledges that (i) the principal business of the Company (which expressly includes for purposes of this Section 6 (and any related enforcement provisions hereof), its successors and assigns) is to acquireown, originate, finance operate and manage a portfolio of reverse mortgage loans, reverse mortgageacquire self-backed securities and other reverse mortgage-related assets storage properties in the top 000 xxxxxxxxxxxx xxxxxxxxxxx xxxxx xxxxxxxxxx xxx Xxxxxx Xxxxxx (such businesses, and any and all other businesses in which, at the time of the Executive’s termination, the Company is actively and regularly engaged or actively pursuing, herein being collectively referred to as the “Business”); (ii) the Company is one of the limited number of persons who have developed such a business; (iii) the Company’s Business is national in scope; (iv) the Executive’s work for RMF NSA and the Company has given and will continue to give him her access to the confidential affairs and proprietary information of the Company; (v) the covenants and agreements of the Executive contained in this Section 6 are essential to the business and goodwill of the Company; and (vi) the Company would not have entered into this Agreement but for the covenants and agreements set forth in this Section 6. Accordingly, the Executive covenants and agrees that:

Appears in 1 contract

Samples: Employment Agreement (National Storage Affiliates Trust)

Covenant Against Competition; Other Covenants. The Executive acknowledges that (i) the principal business of the Company (which expressly includes for purposes of this Section 6 (and any related enforcement provisions hereof), its successors and assigns) is to acquireprovide debt and equity financing for sustainable infrastructure projects that increase energy efficiency, originateprovide cleaner energy sources, finance positively impact the environment and manage a portfolio make more efficient use of reverse mortgage loans, reverse mortgage-backed securities and other reverse mortgage-related assets natural resources (such businesses, and any and all other businesses in which, at the time of the Executive’s termination, the Company is actively and regularly engaged or actively pursuing, herein being collectively referred to as the “Business”); (ii) the Company is one of the limited number of persons who have developed such a business; (iii) the Company’s Business is national in scope; (iv) the Executive’s work for RMF and the Company has 11 given and will continue to give him access to the confidential affairs and proprietary information of the Company; (v) the covenants and agreements of the Executive contained in this Section 6 are essential to the business and goodwill of the Company; and (vi) the Company would not have entered into this Agreement but for the covenants and agreements set forth in this Section 6. Accordingly, the Executive covenants and agrees that:

Appears in 1 contract

Samples: Employment Agreement (Hannon Armstrong Sustainable Infrastructure Capital, Inc.)

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