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 the structuring, organization, 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 “CDO” structure or otherwise (such business herein being referred to as the “Business”); (ii) the Company is one of the limited number of persons who have such a business; (iii) the Company’s Business is, in part, national in scope; (iv) the Executive’s work for the Company in the business of CDOs primarily backed by REIT trust preferred securities (the “REIT CDO Business”) 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:

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 the structuring, organization, consulting with, managing, servicing or otherwise engaging ownership and leasing of commercial office properties in the business greater metropolitan Washington, D.C. marketplace and its surrounding areas, ranging generally from Baltimore, Maryland through Richmond and Norfolk, Virginia, as well as the origination of, acquisition of pooling trust preferred securities or providing financing through the issuance of similar debt securities or equity securities issued by REITs or and investment in structured real estate operating companies or their affiliates, wherever located, whether in a “CDO” structure or otherwise finance investments (such business, and such other principal businesses in which the Company may engage during the employ of the Executive, in the locations described, and such other locations in which the Company may conduct business during the employ of the Executive, as herein being referred to as the “Business”; provided, however, that, for purposes of this Agreement, the definition of “Business” shall not include the investments and activities described on Exhibit A hereto); (ii) the Company is one of the limited number of persons who have such a business; (iii) the Company’s Business is, in part, national in scope; (iv) the Executive’s work for the Company in the business of CDOs primarily backed by REIT trust preferred securities (the “REIT CDO Business”) has given and will continue to give him access to the confidential affairs and proprietary information of the Company; (viii) the covenants and agreements of the Executive contained in this Section 6 are essential to the business and goodwill of the Company; and (viiv) 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:

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)6, its successors and assigns, any holding or parent company and the direct and indirect subsidiaries of the Company, its successors and assigns and any such holding or parent company) is the structuringoperation of a commodities exchange for the trading and/or clearing of futures and options contracts, organization, consulting with, managing, servicing risk management or otherwise engaging other derivative instruments on commodities 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 “CDO” structure or otherwise energy and metals sectors (such business business, together with the operation of a commodities exchange for the trading and/or clearing of any other futures or options contracts that may in the future, during the pendency of executive's employment, be listed by the Company or any entity that is then an affiliate of the Company, herein being collectively referred to as the “"Business”"); (ii) the Company is one of the limited number of persons who entities in both the United States and in the world that have developed such a business; (iii) the Company’s 's Business is, in part, both national and international in scopescope and an integral part of the Company's Business is the expansion of its products on a global scale and the establishment of essential elements of the Business in numerous portions of the world; (iv) the Executive’s 's work for the Company in the business of CDOs primarily backed by REIT trust preferred securities (the “REIT CDO Business”) has given and will continue to give him access to the confidential affairs and certain confidential, 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:

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 the structuring, organization, 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 RElTs or real estate operating companies or their affiliates, wherever located, whether in a “CDO” structure or otherwise (such business herein being 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, in part, national in scope; (iv) the Executive’s work for the Company in the business of CDOs primarily backed by REIT trust preferred securities (the “REIT CDO Business”) 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:

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)6, its successors and assigns, any holding or parent company and the direct and indirect subsidiaries of the Company, its successors and assigns and any such holding or parent company) is the structuringoperation of a commodities exchange for the trading and/or clearing of futures and options contracts, organization, consulting with, managing, servicing risk management or otherwise engaging other derivative instruments on commodities 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 “CDO” structure or otherwise energy and metals sectors (such business business, together with the operation of a commodities exchange for the trading and/or clearing of any other futures or options contracts that may in the future, during the pendency of executive’s employment, be listed by the Company or any entity that is then an affiliate of the Company, herein being collectively referred to as the “Business”); (ii) the Company is one of the limited number of persons who entities in both the United States and in the world that have developed such a business; (iii) the Company’s Business is, in part, both national and international in scopescope and an integral part of the Company’s Business is the expansion of its products on a global scale and the establishment of essential elements of the Business in numerous portions of the world; (iv) the Executive’s work for the Company in the business of CDOs primarily backed by REIT trust preferred securities (the “REIT CDO Business”) has given and will continue to give him access to the confidential affairs and certain confidential, 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: