Non-Circumvent. Recipient shall not, directly, indirectly or through a third party, use the Materials in any manner that circumvents the relationship between Discloser and any client of Discloser, including, without limitation, using the Materials to pursue a transaction related to the Property without recognizing Discloser’s listing rights with respect to the Property.
Non-Circumvent. In consideration of Discloser’s disclosure of the Confidential Information, and without limiting anything else set forth herein, neither Recipient nor any of its Representatives shall at any time prior to the date immediately preceding the second (2nd) anniversary date of this Agreement, without the prior written consent of Discloser, which consent may be withheld by Discloser in its sole discretion, take any action, directly or indirectly, to undertake the Transaction including, without limitation, attempting in any manner, directly or indirectly, to contact a potential seller or any of its shareholders, officers, directors, or affiliates, introduced or revealed to Recipient by Discloser, to undertake or complete the Transaction.
Non-Circumvent. Indymac and Purchaser understand and agree that Indymac may introduce the owner of the Mortgage Loans to Purchaser, that the Current Owner is a customer of Indymac and that such relationship of Indymac is confidential. Purchaser agrees, with respect to the Current Owner, Purchaser will not, for the purpose of purchasing other mortgage loans [for a period of one year from the Closing Date], communicate with or purchase such other mortgage loans from the Current Owner unless the Current Owner has had previous business dealings (other than any transactions involving Indymac) with the Current Owner in a similar context. Please acknowledge your agreement to the terms and conditions of this Trade Confirmation by signing in the appropriate space below and returning a copy of the same to the undersigned. Telecopy signatures shall be deemed valid and binding to the same extent as the original. Sincerely, Agreed to and Accepted by: INDYMAC BANK, F.S.B., GOLDMAN SACHS MORTGAGE COMPANY By: _____________________________ Bx: __________________________________ Name: [________] Name: Title: [Executive Vice President] Title: EXHIBIT A MORTGAGE LOAN SCHEDULE AND PRICING INFORMATION (attached) D-A-1 EXHIBIT B UNDERWRITING GUIDELINES (attached) EXHIBIT E CONTENTS OF EACH MORTGAGE FILE
Non-Circumvent. The Company hereby expressly covenants and agrees not to engage in any discussions or negotiations or to execute any agreement, understanding or undertaking whatsoever with any person or entity that introduced by the Consultant, without the consent and approval of the Consultant including third parties who may be interested in providing or receiving financing of any kind (a “Financing”) or in entering into a transaction, including, without limitation, a merger, acquisition or sale of stock or assets (in which the Company may be the acquiring or the acquired entity), joint venture, collaboration, strategic alliance or other similar transaction (any such transaction, a “Transaction”).
Non-Circumvent. Countrywide and Purchaser understand and agree that Countrywide may introduce the owner of the Mortgage Loans to Purchaser, that the Current Owner is a customer of Countrywide and that such relationship of Countrywide is confidential. Purchaser agrees, with respect to the Current Owner, Purchaser will not, for the purpose of purchasing other mortgage loans [for a period of one year from the Closing Date], communicate with or purchase such other mortgage loans from the Current Owner unless the Current Owner has had previous business dealings (other than any transactions involving Countrywide) with the Current Owner in a similar context. Please acknowledge your agreement to the terms and conditions of this Trade Confirmation by signing in the appropriate space below and returning a copy of the same to the undersigned. Telecopy signatures shall be deemed valid and binding to the same extent as the original. Sincerely, Agreed to and Accepted by: COUNTRYWIDE HOME LOANS, INC. By: _______________________________ Name: Xxxxx Xxxxxxx Title: Executive Vice President XXXXXXX XXXXX MORTGAGE COMPANY By: _______________________________ Name: Title: EXHIBIT A MORTGAGE LOAN SCHEDULE AND PRICING INFORMATION (attached) XXXXXXX X XXXXXXXXXXXX XXXXXXXXXX (xxxxxxxx)
Non-Circumvent. The Company hereby irrevocably agrees not to circumvent, avoid, bypass, or obviate, directly or indirectly, the intent of this Agreement through any transaction, transfer, pledge, agreement, recapitalization, loan, lease, assignment, or otherwise. The Company (including affiliates of such parties) agrees that it will not attempt, directly or indirectly, to contact parties introduced to the Company by the Placement Agent in writing during the Offering Period on matters described in this Agreement, except through Network 1 or with the expressed written consent of Network 1 as to each such contact. The Company shall not contact, deal with, or otherwise become involved in any transaction with any corporation, partnership, individual, any banks, trust or lending institutions introduced in writing by or through Network 1 during the Offering Period without the permission of Network 1. Any violation of this provision shall be deemed an attempt to circumvent this provision, and the Company may be liable for damages in favor of the circumvented party.
Non-Circumvent. Non-Compete: Owner understands that FSUI's customer base and prospect list are part of the assets being purchased by WWWN for valuable consideration, and also acknowledges his familiarity with WWWN's overall business. Accordingly, Owner promises not to solicit his customers or any WWWN customers, directly or indirectly, or assist a third party in soliciting any of these customers, for a period of 5 years from the date of Closing. Additionally, Owner agrees not to solicit WWWN employees nor compete or consult against WWWN, directly or indirectly, in any market WWWN is in or has advised Owner it is expanding into, for a period of three years. These markets include the entirety of Southern California, Santa Xxxxxxx, Las Vegas, the San Francisco Bay area, inclusive of Oakland, and Honolulu.
Non-Circumvent. The Company hereby agrees not to circumvent, avoid, bypass, or obviate, directly or indirectly, the intent of this Agreement through any transaction, transfer, pledge, agreement, recapitalization, loan, lease, assignment, or otherwise. The Company (including affiliates of such parties) agrees that it will not attempt, directly or indirectly, to contact parties first introduced to the Company by Network on matters described in section 2 of this Agreement or contact or negotiate with any confidential source provided by Network, except through Network or with the expressed written consent of Network as to each such contact. For the avoidance of any misunderstandings, Network agrees to give a prior written notification of one day to the Company advising of the name of the party to be introduced so as to ensure that the Company has not been already introduced to the said party by any of its advisors. The Company shall not contact, deal with, or otherwise become involved in any transaction with any corporation, partnership, individual, any banks, trust or lending institutions first introduced by or through Network without the permission of Network. Any violation of this provision shall be deemed an attempt to circumvent this provision, and the Company shall be liable for damages in favor of the circumvented party. This non-circumvention provision shall expire at the end of three years from the termination of the Agreement".
Non-Circumvent. The Employee hereby agrees and covenants that he shall not, directly or indirectly, in any capacity whatsoever, including, with out limitation, as an employee, employer, consultant, principal, partner, shareholder, officer, director or any other individual or representative capacity (other than a holder of a minority stake of outstanding voting shares fo any publicly held company) or whether on his own behalf or on behalf of any other person or entity or otherwise howsoever, during his employment with Value Suisse with out prior and express permission:
Non-Circumvent. Company agrees not to circumvent Representative by communicating or conducting business with Representative’s clients either directly or through other representatives without prior agreement
