Intense Competition. The industry is extremely competitive with a substantial portion of the market dominated by a handful of major participants, and there are substantial barriers to entry. It is likely that one or more of these well- funded and resourceful players may enter in the business, either on its own or through acquisitions. Although the General Partner plans to operate in a new market niche, the General Partner expects that as its operations increase, and as the market becomes more established, competition will intensify in the future. The General Partner believes that its ability to compete successfully depends on a number of factors, including strategic alliances and market presence; the quality and efficiency of its infrastructure; and industry and general economic trends.

Intense Competition. Buyer encounters intense competition in all aspects of its business as a provider of electrical and natural gas service. Buyer competes directly with other providers of such services, a significant number of which have greater capital and other resources and may have greater operating efficiencies than Buyer does. In addition to competition from other providers, Buyer competes directly with utility distribution companies ("UDCs") in the State of California such as Pacific Gas and Electric, San Diego Gas and Electric and Southern California Edison, as well as investor-owned utilities, rural electric cooperatives and municipal operations in other states, all of which have established reputations and long standing relationships with electrical consumers in their respective service territories. Buyer's success in each state where it chooses to operate will depend on its ability to provide electricity and/or natural gas to customers there at prices competitive with or lower than the competition and on its ability to market ancillary products and services to those customers. If Buyer fails to provide competitive pricing or obtain sufficient amounts of electricity and/or natural gas for its customers, the sales and marketing companies may market Buyer's services less aggressively, which could adversely affect Buyer's ability to successfully compete in the future.

Intense Competition. The manufacture of plastic bags is a highly competitive industry. In particular, the Company competes with major companies such as Tenneco, Inc. ("Tenneco"

Intense Competition. Avalon describes itself as a digital marketing company. This is a category that expanded and received a great amount of investment in the 1990's. As a result, there is significant over-capacity, competition, margin and price compression, and industry consolidation, both from direct competitors and advertising agencies developing their own branded software products.

Intense Competition. A series of events and various market factors led to the intended commencement of the Chapter 11 Case. The market for advanced rechargeable batteries is at a relatively early stage of development. Competition in the battery industry has been, and is expected to remain, intense. This competition ranges from development stage companies to major Fortune 500 domestic and international companies, many of which have significant financial, technical, marketing, sales, manufacturing, distribution, and other resources. Toyota, the industry leader in the production of HEVs, and other battery manufacturers, such as NEC Corporation, Jxxxxxx Controls, A123 Systems, Hitachi, and Compact Power have significant development programs for lithium-ion batteries for automotive manufacturers. There are also battery developers in China and Korea, such as LG Chem, which generally have a lower cost manufacturing base than other manufacturers due to low labor costs, lower raw materials cost, and increased use of automatic manufacturing processes. The Debtor’s business plan has been premised upon consumers adopting the use of EVs, which would in turn increase the demand for lithium-ion batteries. The demand for EVs, however, did not develop as quickly as anticipated, which in turn harmed the Debtor’s business, operating results, financial condition, and prospects. In addition, the volatility in the debt and equity markets adversely affected the Debtor’s ability to procure future financing, which further harmed the Debtor.

Intense Competition. Technology-based business operations are rapidly evolving and intensely competitive, and the Company expects competition to intensify further in the future. The Company potentially will compete with a number of other companies. Competitive pressures created by any one of these companies, or by the Company's competitors collectively, could have a material adverse effect on the Company's business, results of operations and financial condition.

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Non-Competition By and in consideration of the salary and benefits to be provided by the Company hereunder, including the severance arrangements set forth herein, and further in consideration of the Executive’s exposure to the proprietary information of the Company, the Executive covenants and agrees that, during the period commencing on the date hereof and ending twelve (12) months following the date upon which the Executive shall cease to be an employee of the Company and its subsidiaries (or any other entity directly or indirectly controlled by such entities) (the “Restricted Period”), he shall not directly or indirectly, whether as an owner, partner, stockholder, principal, agent, employee, consultant or in any other relationship or capacity, (i) engage in any element of the Business (other than for the Company or its subsidiaries (or any other entity directly or indirectly controlled by such entities)) or otherwise compete with the Company or its subsidiaries (or any other entity directly or indirectly controlled by such entities), (ii) render any services related to the Business to any person, corporation, partnership or other entity (other than the Company or its subsidiaries (or any other entity directly or indirectly controlled by such entities)) engaged in any element of the Business, or (iii) acquire an interest in any person, corporation, partnership or other entity described in clause (ii) above as a partner, stockholder, principal, agent, employee, consultant or in any other relationship or capacity; provided, however, that, notwithstanding the foregoing, the Executive may invest in securities of any entity, solely for investment purposes and without participating in the business thereof, if (A) such securities are traded on any national securities exchange, (B) the Executive is not a controlling person of, or a member of a group which controls, such entity and (C) the Executive does not, directly or indirectly, own 1% or more of any class of securities of such entity. Notwithstanding the foregoing, the covenants contained in this Section 6.1(a) shall not apply in the event of the Executive’s termination of employment upon or after the expiration of the one-year renewal term in accordance with Section 1 above.
No Competition Employee's employment is subject to the condition that during the term of his employment hereunder and for the period specified in paragraph 8(c) below, Employee shall not, directly or indirectly, own, manage, operate, control or participate in the ownership, management, operation or control of, or be connected as an officer, employee, partner, director, individual proprietor, lender, consultant or otherwise with, or have any financial interest in, or aid or assist anyone else in the conduct of, any entity or business (a "Competitive Operation") which competes in the banking industry or with any other business conducted by Employer or by any group, affiliate, division or subsidiary of Employer, in the states of New York and Pennsylvania. Employee shall keep Employer fully advised as to any activity, interest, or investment Employee may have in any way related to the banking industry. It is understood and agreed that, for the purposes of the foregoing provisions of this paragraph, (i) no business shall be deemed to be a business conducted by Employer or any group, division, affiliate or subsidiary of Employer unless 5% or more of Employer's consolidated gross sales or operating revenues is derived from, or 5% or more of Employer's consolidated assets are devoted to, such business; (ii) no business conducted by any entity by which Employee is employed or in which he is interested or with which he is connected or associated shall be deemed competitive with any business conducted by Employer or any group, division or subsidiary of Employer unless it is one from which 2% or more of its consolidated gross sales or operating revenues is derived, or to which 2% or more of its consolidated assets are devoted; and (iii) no business which is conducted by Employer at the Date of Termination and which subsequently is sold by Employer shall, after such sale, be deemed to be a Competitive Operation within the meaning of this paragraph. Ownership of not more than 5% of the voting stock of any publicly held corporation shall not constitute a violation of this paragraph.
Confidentiality; Non-Competition As a material inducement to cause the Company to enter into the Agreement, the Employee hereby covenants and agrees that:
Non-Competition Period The "non-competition period" shall begin on January 1, 2017 and shall end twelve (12) months after the Employee's termination of employment; provided, however, that the "non-competition period" shall end on the date Employee's employment ends in the event of Employee's termination for "good reason" (as defined in paragraph 6(d)), or Employee's termination without "cause" (as defined in paragraph 3(d)).
Non-Solicitation; Non-Competition (a) Executive agrees that, during the Term and until nine (9) months after the termination of his employment, Executive will not, directly or indirectly, including on behalf of any person, firm or other entity, employ or actively solicit for employment any employee of the Company or any of its Affiliated Entities, or anyone who was an employee of the Company or any of its Affiliated Entities within the nine (9) months prior to the termination of Executive’s employment, or induce any such employee to terminate his or his employment with the Company or any of its Affiliated Entities.
Loyalty; Noncompetition (a) The Employee shall devote his full time and attention to the performance of his employment under this Agreement. During the term of Employee's employment under this Agreement, the Employee shall not engage in any business or activity contrary to the business affairs or interests of the Bank or Parent.
Non-Competition; Non-Solicitation Executive acknowledges and recognizes the highly competitive nature of the businesses of the Company and its affiliates and accordingly agrees as follows:
Non-Competition/Solicitation To the Company’s knowledge, no Respondent is subject to any non-competition agreement or non-solicitation agreement with any employer or prior employer which could materially affect such Respondent’s ability to be and act in the capacity of a director or officer of the Company, as applicable.
Confidentiality, Non-Competition and Non-Solicitation Employee agrees, as a condition to Employee’s employment with the Company, to execute the Company’s standard form of Employee Non-Disclosure, Invention Release and Non-Competition Agreement attached hereto as Exhibit A.
Competition By accepting this Contract, Contractor agrees that no collusion or other restraint of free competitive bidding, either directly or indirectly, has occurred in connection with this award by the Division of Purchases.

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