Existing Covenants Sample Clauses


Existing Covenants. Executive represents and warrants that his employment with Pier 1 Imports does not and will not breach any agreement that Executive has with any former employer to keep in confidence proprietary or confidential information or not to compete with any such former employer. Executive will not disclose to Pier 1 Imports or use on its behalf any proprietary or confidential information of any other party required to be kept confidential by Executive.


Existing Covenants. If Participant violates any confidentiality, non-competition, or non-solicitation covenants to which Participant is subject at the time of Participant’s termination of employment pursuant to any separate agreement between Participant and the Company and/or its Subsidiaries or Affiliates, all unvested Restricted Stock Units shall be cancelled immediately.

Existing Covenants. Borrower covenants that on and after the date of execution of this Amendment and until the Obligations are indefeasibly paid and satisfied in full that, except as expressly modified hereby, Borrower shall continue to observe and maintain compliance with all covenants, representations and warranties contained in, or arising in conjunction with, the Financing Documents.

Existing Covenants. Crabb hereby covenants that while employed by the Company, and after the termination of Crabb’s employment with the Company, whether before or after the term of this Agreement and whether or not this Agreement is extended, he will abide by the terms of the “Agreement in Connection with Employment” dated September 19, 1988, between Crabb and the Company, a copy of which is appended hereto as Attachment A. Notwithstanding the above, the parties agree that the prohibitions against competition set forth in Paragraph 4 of Attachment A shall not apply to Crabb as written, but instead that Crabb may, during or after the term of his employment, work or consult for others in the human or animal health field except with respect to research and development relating to, or any business activity pertaining to, a “Protected Product or Technology” (as hereafter defined) or any products or processes competitive with a Protected Product or Technology. For the purposes of this Agreement, “Protected Product or Technology” shall mean and include:

Existing Covenants. To the extent that any covenant set forth in Section 6.01, 6.02 or 6.03 conforms to a corresponding covenant in the Sponsor Credit Agreement or any other Sponsor Financing Document, if such corresponding covenant in such Sponsor Financing Document is amended, supplemented, restated, waived or otherwise modified (whether in connection with an amendment, supplement, restatement, waiver or other modification of, or a replacement of, such Sponsor Financing Document, including as a result of a refinancing transaction), then the relevant covenant in this Agreement shall be deemed to be amended, supplemented, restated, waived, modified or replaced such that it conforms to the corresponding covenant in such Sponsor Financing Document (after giving effect to such amendment, supplement, restatement, waiver, modification or replacement); provided, however, that none of the covenants set forth in Sections 6.01(c), 6.01(j)(ii), 6.03(b), 6.03(c) or 6.03(f), shall be deemed amended, supplemented, restated, waived, modified or replaced at any time as a result of anything set forth in this Section 6.04; provided further that the covenants set forth in Sections 6.03(b) and 6.03(c) shall remain in effect notwithstanding any deletion or expiration of the corresponding covenants in the Sponsor Credit Agreement or the termination or expiration of the Sponsor Credit Agreement. For the avoidance of doubt, if, as a result of this provision, any covenant contained in this Agreement as of the date of this Agreement is deemed to have been deleted and a subsequent amendment of, supplement to, other modification of or replacement of any Sponsor Financing Document contains a covenant that clearly corresponds to such deleted covenant, then such deleted covenant shall be deemed to be reinstated (such that it conforms to the corresponding covenant as in effect in the then current Sponsor Financing Document).

Existing Covenants. If Optionee violates any confidentiality, non-competition, or non-solicitation covenants to which Optionee is subject at the time of Optionee’s termination of employment pursuant to any separate agreement between Optionee and the Company and/or its Subsidiaries or Affiliates, all vested (and not exercised) and unvested Stock Options shall terminate immediately.

Existing Covenants. Borrower covenants and agrees that on and after the date of execution of this Agreement and until the Obligations are indefeasibly paid and satisfied in full, except as expressly modified hereby and except for the provisions of Section 7.15 of the Loan Agreement, Borrower shall continue to observe and maintain compliance with all covenants, representations and warranties arising in this Agreement and the Financing Agreements.


Existing Covenants. Employee represents and warrants that his/her employment with Bank does not and will not breach any agreement that Employee has with any former employer to keep in confidence proprietary or confidential information or not to compete with any such former employer. Employee will not disclose to Southside or use on its behalf any proprietary or confidential information of any other party required to be kept confidential by Employee.

Existing Covenants. Mohr hereby acknowledges and agrees that he is bound by certain restrictive covenants set forth in the Sections 2 and 3 of the Employment Agreement (the “Existing Covenants”) and that nothing contained herein shall alter Mohr’s obligations under the Existing Covenants, which obligations shall survive Mohr’s termination of employment.

Existing Covenants. Prior to execution of this Ratification Agreement, the Loan Covenants between Lender and the FHA Group are as set forth on Schedule 3 attached hereto.