Common use of Exclusive Employment; Agreement not to Participate in Company’s Competitors Clause in Contracts

Exclusive Employment; Agreement not to Participate in Company’s Competitors. Except with the prior written consent of the Board, Executive will not during employment with the Company undertake or engage in any other employment, occupation or business enterprise. During Executive’s employment, Executive agrees not to acquire, assume or participate in, directly or indirectly, any position, investment or interest known by Executive to be adverse or antagonistic to the Company, its business, or prospects, financial or otherwise, or in any company, person, or entity that is, directly or indirectly, in competition with the business of the Company. Ownership by Executive in professionally managed funds over which the Executive does not have control or discretion in investment decisions, or, as a passive investment, of less than two percent (2%) of the outstanding shares of capital stock of any corporation with one or more classes of its capital stock listed on a national securities exchange or publicly traded on a national securities exchange or in the over-the-counter market shall not constitute a breach of this Section.

Appears in 6 contracts

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

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Exclusive Employment; Agreement not to Participate in Company’s Competitors. Except Subject to Sections 1.1 and 1.2 above, except with the prior written consent of the Board, the Executive will not during his employment with the Company undertake or engage in any other employment, occupation or business enterprise. During the Executive’s employment, the Executive agrees not to acquire, assume or participate in, directly or indirectly, any position, investment or interest known by the Executive to be adverse or antagonistic to the Company, its business, business or its prospects, financial or otherwise, or in any company, person, person or entity that is, directly or indirectly, in competition with the business of the Company. Ownership by the Executive in of professionally managed funds over which the Executive does not have control or discretion in investment decisions, or, as a passive investment, of decisions or an investment representing less than two percent (2%) of the outstanding shares of capital stock of any corporation with one or more classes of its capital stock listed on a national securities exchange or publicly traded on a national securities exchange or in the over-the-counter market shall not constitute a breach of this Section.

Appears in 4 contracts

Samples: Employment Agreement (Myovant Sciences Ltd.), Employment Agreement (Myovant Sciences Ltd.), Employment Agreement (Myovant Sciences Ltd.)

Exclusive Employment; Agreement not to Participate in Company’s Competitors. Except Subject to Section 1.1 and 1.2 above, except with the prior written consent of the Board, the Executive will not during his employment with the Company undertake or engage in any other employment, occupation or business enterprise. During the Executive’s employment, the Executive agrees not to acquire, assume or participate in, directly or indirectly, any position, investment or interest known by the Executive to be adverse or antagonistic to the Company, its business, or prospects, financial or otherwise, or in any company, person, or entity that is, directly or indirectly, in competition with the business of the Company. Ownership by the Executive in professionally managed funds over which the Executive does not have control or discretion in investment decisions, or, as a passive investment, an investment of less than two percent (2%) of the outstanding shares of capital stock of any corporation with one or more classes of its capital stock listed on a national securities exchange or publicly traded on a national securities exchange or in the over-the-counter market shall not constitute a breach of this Section.

Appears in 3 contracts

Samples: Employment Agreement (Urovant Sciences Ltd.), Employment Agreement (Axovant Sciences Ltd.), Employment Agreement (Myovant Sciences Ltd.)

Exclusive Employment; Agreement not to Participate in Company’s Competitors. Except with the prior written consent of the Board, Executive will not during employment with the Company undertake or engage in any other employment, occupation or business enterprise. During Executive’s employment, Executive agrees not to acquire, assume or participate in, directly or indirectly, any position, investment or interest known by Executive to be adverse or antagonistic to the Company, its business, or prospects, financial or otherwise, or in any company, person, or entity that is, directly or indirectly, in competition with the business of the Company. Ownership by Executive in professionally managed funds over which the Executive does not have control or discretion in investment decisions, or, as a passive investment, of less than two percent (2%) of the outstanding shares of capital stock of any corporation with one or more classes of its capital stock listed on a national securities exchange or publicly traded on a national securities exchange or in the over-the-counter market shall not constitute a breach of this Section. AveXis is aware of Executive’s Board role at Aquinox, and deem it to be non-competitive.

Appears in 2 contracts

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

Exclusive Employment; Agreement not to Participate in Company’s Competitors. Except Subject to Sections 1.1 and 1.2 above, except with the prior written consent of the Company’s Board, Executive will not during employment with the Company undertake or engage in any other employment, occupation or business enterprise. During Executive’s employment, Executive agrees not to acquire, assume or participate in, directly or indirectly, any position, investment or interest known by Executive to be adverse or antagonistic to the Company, its business, or prospects, financial or otherwise, or in any company, person, or entity that is, directly or indirectly, in competition with the business of the Company. Ownership by Executive in professionally managed funds over which the Executive does not have control or discretion in investment decisions, or, as a passive investment, an investment of less than two percent (2%) of the outstanding shares of capital stock of any corporation with one or more classes of its capital stock listed on a national securities exchange or publicly traded on a national securities exchange or in the over-the-counter market shall not constitute a breach of this Section.

Appears in 2 contracts

Samples: Employment Agreement (Sio Gene Therapies Inc.), Employment Agreement (Axovant Gene Therapies Ltd.)

Exclusive Employment; Agreement not to Participate in Company’s Competitors. Except Subject to Sections 1.1 and 1.2 above, except with the prior written consent of the BoardCompany’s CEO, Executive will not during employment with the Company undertake or engage in any other employment, occupation or business enterprise. During Executive’s employment, Executive agrees not to acquire, assume or participate in, directly or indirectly, any position, investment or interest known by Executive to be adverse or antagonistic to the Company, its business, or prospects, financial or otherwise, or in any company, person, or entity that is, directly or indirectly, in competition with the business of the Company. Ownership by Executive in professionally managed funds over which the Executive does not have control or discretion in investment decisions, or, as a passive investment, an investment of less than two percent (2%) of the outstanding shares of capital stock of any corporation with one or more classes of its capital stock listed on a national securities exchange or publicly traded on a national securities exchange or in the over-the-counter market shall not constitute a breach of this Section.

Appears in 2 contracts

Samples: Employment Agreement (Axovant Gene Therapies Ltd.), Employment Agreement (Axovant Gene Therapies Ltd.)

Exclusive Employment; Agreement not to Participate in Company’s Competitors. Except Subject to Sections 1.1 and 1.2 above, except with the prior written consent of the Board, the Executive will not during her employment with the Company undertake or engage in any other employment, occupation or business enterprise. During the Executive’s employment, the Executive agrees not to acquire, assume or participate in, directly or indirectly, any position, investment or interest known by the Executive to be adverse or antagonistic to the Company, its business, business or its prospects, financial or otherwise, or in any company, person, person or entity that is, directly or indirectly, in competition with the business of the Company. Ownership by the Executive in of professionally managed funds over which the Executive does not have control or discretion in investment decisions, or, as a passive investment, of decisions or an investment representing less than two percent (2%) of the outstanding shares of capital stock of any corporation with one or more classes of its capital stock listed on a national securities exchange or publicly traded on a national securities exchange or in the over-the-counter market shall not constitute a breach of this the Section.

Appears in 2 contracts

Samples: Employment Agreement (Myovant Sciences Ltd.), Employment Agreement (Myovant Sciences Ltd.)

Exclusive Employment; Agreement not to Participate in Company’s Competitors. Except with the prior written consent of the BoardCompany, Executive will not during employment with the Company undertake or engage in any other employment, occupation or business enterprise. During Executive’s employment, Executive agrees not to acquire, assume or participate in, directly or indirectly, any position, investment or interest known by Executive to be adverse or antagonistic to the Company, its business, or prospects, financial or otherwise, or in any company, person, or entity that is, directly or indirectly, in competition with the business of the Company. Ownership by Executive in professionally managed funds over which the Executive does not have control or discretion in investment decisions, or, as a passive investment, of less than two percent (2%) of the outstanding shares of capital stock of any corporation with one or more classes of its capital stock listed on a national securities exchange or publicly traded on a national securities exchange or in the over-the-counter market shall not constitute a breach of this Section.

Appears in 1 contract

Samples: Employment Agreement (Cara Therapeutics, Inc.)

Exclusive Employment; Agreement not to Participate in Company’s Competitors. Except Subject to Section 1.1 and 1.2 above, except with the prior written consent of the Board, the Executive will not during her employment with the Company undertake or engage in any other employment, occupation or business enterprise. During the Executive’s employment, the Executive agrees not to acquire, assume or participate in, directly or indirectly, any position, investment or interest known by the Executive to be adverse or antagonistic to the Company, its business, or prospects, financial or otherwise, or in any company, person, or entity that is, directly or indirectly, in competition with the business of the Company. Ownership by the Executive in professionally managed funds over which the Executive does not have control or discretion in investment decisions, or, as a passive investment, an investment of less than two percent (2%) of the outstanding shares of capital stock of any corporation with one or more classes of its capital stock listed on a national securities exchange or publicly traded on a national securities exchange or in the over-the-counter market shall not constitute a breach of this Section.

Appears in 1 contract

Samples: Employment Agreement (Myovant Sciences Ltd.)

Exclusive Employment; Agreement not to Participate in Company’s Competitors. Except Subject to Section 1.1 above, except with the prior written consent of the BoardCompany’s Chief Executive Officer, Executive will not during employment with the Company undertake or engage in any other employment, occupation or business enterprise. During Executive’s employment, Executive agrees not to acquire, assume or participate in, directly or indirectly, any position, investment or interest known by Executive to be adverse or antagonistic to the Company, its business, or prospects, financial or otherwise, or in any company, person, or entity that is, directly or indirectly, in competition with the business of the Company. Ownership by Executive in professionally managed funds over which the Executive does not have control or discretion in investment decisions, or, as a passive investment, an investment of less than two percent (2%) of the outstanding shares of capital stock of any corporation with one or more classes of its capital stock listed on a national securities exchange or publicly traded on a national securities exchange or in the over-the-counter market shall not constitute a breach of this Section.

Appears in 1 contract

Samples: Employment Agreement (Axovant Sciences Ltd.)

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Exclusive Employment; Agreement not to Participate in Company’s Competitors. Except Subject to Sections 1.1 and 1.2 above, except with the prior written consent of the Board, the Executive will not during her employment with the Company undertake or engage in any other employment, occupation or business enterprise. During the Executive’s employment, the Executive agrees not to acquire, assume or participate in, directly or indirectly, any position, investment or interest known by the Executive to be adverse or antagonistic to the Company, its business, or prospects, financial or otherwise, or in any company, person, or entity that is, directly or indirectly, in competition with the business of the Company. Ownership by the Executive in professionally managed funds over which the Executive does not have control or discretion in investment decisions, or, as a passive investment, an investment of less than two percent (2%) of the outstanding shares of capital stock of any corporation with one or more classes of its capital stock listed on a national securities exchange or publicly traded on a national securities exchange or in the over-the-counter market shall not constitute a breach of this Section.

Appears in 1 contract

Samples: Employment Agreement (Myovant Sciences Ltd.)

Exclusive Employment; Agreement not to Participate in Company’s Competitors. Except Subject to Sections 1.1 and 1.2 above, except with the prior written consent of the Board, the Executive will not during his employment with the Company undertake or engage in any other employment, occupation or business enterprise. During the Executive’s employment, the Executive agrees not to acquire, assume or participate in, directly or indirectly, any position, investment or interest known by the Executive to be adverse or antagonistic to the Company, its business, or prospects, financial or otherwise, or in any company, person, or entity that is, directly or indirectly, in competition with the business of the Company. Ownership by the Executive in professionally managed funds over which the Executive does not have control or discretion in investment decisions, or, as a passive investment, an investment of less than two percent (2%) of the outstanding shares of capital stock of any corporation with one or more classes of its capital stock listed on a national securities exchange or publicly traded on a national securities exchange or in the over-the-counter market shall not constitute a breach of this Section.

Appears in 1 contract

Samples: Employment Agreement (Myovant Sciences Ltd.)

Exclusive Employment; Agreement not to Participate in Company’s Competitors. Except Subject to Sections 1.1 and 1.2 above, except with the prior written consent of the Board, the Executive will not during Executive’s employment with the Company undertake or engage in any other employment, occupation or business enterprise. During the Executive’s employment, the Executive agrees not to acquire, assume or participate in, directly or indirectly, any position, investment or interest known by the Executive to be adverse or antagonistic to the Company, its business, business or its prospects, financial or otherwise, or in any company, person, person or entity that is, directly or indirectly, in competition with the business of the Company. Ownership by the Executive in of professionally managed funds over which the Executive does not have control or discretion in investment decisions, or, as a passive investment, of decisions or an investment representing less than two percent (2%) of the outstanding shares of capital stock of any corporation with one or more classes of its capital stock listed on a national securities exchange or publicly traded on a national securities exchange or in the over-the-counter market shall not constitute a breach of this the Section.

Appears in 1 contract

Samples: Employment Agreement (Myovant Sciences Ltd.)

Exclusive Employment; Agreement not to Participate in Company’s Competitors. Except with the prior written consent of the Board, Executive will not not, during employment with the Company Company, undertake or engage in any other employment, occupation or business enterprise. During Executive’s employment, Executive agrees not to acquire, assume or participate in, directly or indirectly, any position, investment or interest known by Executive to be adverse or antagonistic to the Company, its business, or prospects, financial or otherwise, or in any company, person, or entity that is, directly or indirectly, in competition with the business of the Company. Ownership by Executive in professionally managed funds over which the Executive does not have control or discretion in investment decisions, or, as a passive investment, of less than two percent (2%) of the outstanding shares of capital stock of any corporation with one or more classes of its capital stock listed on a national securities exchange or publicly traded on a national securities exchange or in the over-the-counter market shall not constitute a breach of this Section. AveXis is aware of Executive’s Board role at Aquinox, and deems it to be non-competitive.

Appears in 1 contract

Samples: Employment Agreement (AveXis, Inc.)

Exclusive Employment; Agreement not to Participate in Company’s Competitors. Except Subject to Sections 1.1 and 1.2 above, except with the prior written consent of the Board, the Executive will not during her employment with the Company undertake or engage in any other employment, occupation or business enterprise. During the Executive’s employment, the Executive agrees not to acquire, assume or participate in, directly or indirectly, any position, investment or interest known by the Executive to be adverse or antagonistic to the Company, its business, business or its prospects, financial or otherwise, or in any company, person, person or entity that is, directly or indirectly, in competition with the business of the Company. Ownership by the Executive in of professionally managed funds over which the Executive does not have control or discretion in investment decisions, or, as a passive investment, of decisions or an investment representing less than two percent (2%) of the outstanding shares of capital stock of any corporation with one or more classes of its capital stock listed on a national securities exchange or publicly traded on a national securities exchange or in the over-the-counter market shall not constitute a breach of this the Section.. 1.6

Appears in 1 contract

Samples: Employment Agreement

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