Existing Covenants. Executive represents and warrants that Executive’s employment with Employer 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 Employer or use on its behalf any proprietary or confidential information of any other party required to be kept confidential by Executive.
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. If, prior to October 1, 2018: (i) you entered into an agreement associated with an equity award granted to you by the Company (whether a Restricted Stock Unit award, a Market Share Unit award or a Performance Share Unit award); or (ii) you entered into an Employee Confidential Information and Noncompetition Agreement with the Company containing restrictive covenants, you hereby reaffirm that you are subject to, and bound by, the pre- and post-termination Non-Competition and Non-Solicitation covenants set forth in those agreements (the “Covenants”).
Existing Covenants. Unless otherwise provided herein, the Borrowers shall comply with each of their respective covenants set forth in the Loan Documents.
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. Employee represents and warrants that Employee’s employment with Employer 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 Employer or use on its behalf any proprietary or confidential information of any other party required to be kept confidential by Employee.
Existing Covenants. Executive represents and warrants that his employment with Bank 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 the Bank 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 pursuant to any separate agreement between Participant and the Company and/or its Subsidiaries or Affiliates, all unvested Performance Stock shall be cancelled and forfeited immediately.
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 shall be cancelled immediately.
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).
